HomeMy WebLinkAboutAgenda Package - Palm Desert City Council - Regular Meeting_Oct24_2024
PALM DESERT CITY COUNCIL
MEETING AGENDA
Thursday, October 24, 2024
4:00 p.m.
Council Chamber, City Hall
73-510 Fred Waring Drive
Palm Desert, California
This is a joint meeting of the Palm Desert City Council, Successor Agency to the Palm Desert
Redevelopment Agency, Palm Desert Housing Authority and the Palm Desert Board of Library
Trustees. Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting
allowing public access via teleconference or in person, and up to two Councilmembers may attend
remotely.
WATCH THE MEETING LIVE: Watch the City Council meeting live at the City’s website:
www.palmdesert.gov under the “Council Agenda” link at the top of the homepage, or on
the City's YouTube Channel.
OPTIONS FOR PARTICIPATING IN THIS MEETING:
If unable to attend the meeting in person, you may choose from the following options:
OPTION 1: VIA EMAIL
Send your comments by email to: CityClerk@palmdesert.gov.
Emails received prior to 10:00 a.m. on the day of the City Council meeting will be made part of the
record and distributed to the City Council. Emails will not be read aloud at the meeting.
OPTION 2: LIVE VIA ZOOM
Access via palmdesert.gov/zoom or zoom.us, click “Join Meeting” and enter Webinar ID 833
6744 9572.
1.
OPTION 3: LIVE VIA TELEPHONE
(213) 338-8477 and enter Meeting ID 833 6744 9572 followed by #.1.
Indicate that you are a participant by pressing # to continue.2.
During the meeting, press *9 to add yourself to the queue and wait for the City Clerk to
announce your name/phone number. Press *6 to unmute your line and limit your comments
to three minutes.
3.
Pages
1.CALL TO ORDER
2.ROLL CALL
3.PLEDGE OF ALLEGIANCE
Mayor Quintanilla
4.INSPIRATION
Mayor Pro Tem Harnik
5.AWARDS, PRESENTATIONS, AND APPOINTMENTS
5.a AWARDS: MINI MUSTER ART CONTEST
5.b INDIGENOUS PEOPLE PROCLAMATION
6.CITY MANAGER COMMENTS
6.a SHERIFF DEPARTMENT UPDATE
6.b 2024 DESERT WILLOW FIRECLIFF GOLF COURSE RENOVATION
7.MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
8.NONAGENDA PUBLIC COMMENTS
This time has been set aside for the public to address the City Council on issues
that are not on the agenda for up to three minutes. Speakers may utilize one of
the three options listed on the first page of the agenda. Because the Brown Act
does not allow the City Council to act on items not listed on the agenda,
members may briefly respond or refer the matter to staff for a report and
recommendation at a future meeting.
9.CONSENT CALENDAR
All matters listed on the Consent Calendar are considered routine and may be
approved by one motion. The public may comment on any items on the Consent
Agenda within the three-minute time limit. Individual items may be removed by
the City Council for a separate discussion.
RECOMMENDATION:
To approve the consent calendar as presented.
9.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING
AUTHORITY MINUTES
9
RECOMMENDATION:
Approve the Minutes of October 10, 2024.
9.b APPROVAL OF WARRANT REGISTERS 21
RECOMMENDATION:
Approve the warrant registers issued for the period 9/30/2024 to
10/10/2024.
Palm Desert City Council Meeting Agenda
October 24, 2024
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9.c RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE
LICENSES
39
RECOMMENDATION:
Receive and file the application for Alcoholic Beverage License for:
The Original Fish Taco, LLC (Rubio's Fresh Mexican Grill) - 73399 Hwy 111
Ste. F-1, Palm Desert
9.d ADOPTION OF ORDINANCE NO. 1417 AMENDING PALM DESERT
MUNICIPAL CODE CHAPTER 5.10, SHORT TERM RENTALS
43
RECOMMENDATION:
Adopt Ordinance No. 1417 entitled, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA UPDATING
CHAPTER 5.10 SHORT-TERM RENTALS AND MAKING A FINDING OF
EXEMPTION UNDER CEQA.”
9.e ADOPTION OF ORDINANCE NO. 1418 ADDING CHAPTER 12.36 TO
TITLE 12 OF THE PALM DESERT MUNICIPAL CODE ESTABLISHING
PUBLIC RIGHT-OF-WAY VACATION PROCEDURES
67
RECOMMENDATION:
Adopt Ordinance No. 1418 entitled, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING
CHAPTER 12.36 TO THE PALM DESERT MUNICIPAL CODE
REGARDING PUBLIC RIGHT-OF-WAY VACATION PROCEDURES AND
MAKING FINDINGS UNDER CEQA.”
9.f ADOPTION OF ORDINANCE NO. 1419 UPDATING PALM DESERT
MUNICIPAL CODE CHAPTER 2.18, BUILDING BOARD OF APPEALS
77
RECOMMENDATION:
Adopt Ordinance No. 1419 entitled, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING
PALM DESERT MUNICIPAL CODE CHAPTER 2.18, BUILDING BOARD
OF APPEALS AND MAKING FINDINGS UNDER CEQA.”
Palm Desert City Council Meeting Agenda
October 24, 2024
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9.g AWARD CONTRACT TO DBX, INC., OF TEMECULA, CA, FOR VITALIA
TRAFFIC SIGNAL INSTALLATION (PROJECT NO. CTS00002)
83
RECOMMENDATION:
Award a contract to DBX, Inc., of Temecula, CA, in the amount of
$733,400, plus a $73,000 contingency, for the Vitalia Traffic Signal
Installation.
1.
Appropriate $181,223 to Account No. 2134385-4400100 from
unobligated Measure A Funds.
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.
5.
9.h APPROVE A LEASE EXTENSION WITH THE ARTIST COUNCIL
THROUGH JUNE 2030 AT 72-567 HIGHWAY 111
131
RECOMMENDATION:
Approve the Second Amendment to Lease – Contract No. C41250
with The Artist Council at 72-567 Highway 111.
1.
Authorize the City Attorney to make any necessary nonmonetary
changes to the agreement.
2.
Authorize the City Manager to execute the agreement.3.
9.i ADOPT A RESOLUTION ACCEPTING THE CITY OF PALM DESERT
STANDARD DETAILS AND DESIGN GUIDELINES
175
RECOMMENDATION:
Adopt a resolution entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,
APPROVING UPDATED CITY OF PALM DESERT STANDARD
DETAILS AND DESIGN GUIDELINES AND MAKING A FINDING
OF EXEMPTION UNDER CEQA”.
1.
Authorize the City Manager to publish the City of Palm Desert
Standard Details and Design Guidelines on the City’s website and
make it available to the public.
2.
Authorize the City Manager to periodically review and update these
standards as necessary to keep up with operational and
construction advancements.
3.
Palm Desert City Council Meeting Agenda
October 24, 2024
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9.j AWARD ON-CALL CONTRACTS TO MULTIPLE VENDORS FOR PARKS
AND LANDSCAPE ENHANCEMENT (PROJECT NO. CPK00003)
347
RECOMMENDATION:
Award contracts for Parks and Landscape Enhancements to
multiple vendors, in the amount of $750,000 for a 31-month term
with two one-year extension options.
1.
Authorize the City Attorney to make necessary non-monetary
changes to the contract.
2.
Authorize the City Manager to execute the contract and any other
documents necessary to effectuate this action, in accordance with
Section 3.30.170 of the Palm Desert Municipal Code.
3.
Authorize the City Manager to execute the Notice of Completion
(NOC) and the City Clerk to file the NOC upon satisfactory
completion of the project(s).
4.
10.ACTION CALENDAR
The public may comment on individual Action Items within the three-minute time
limit. Speakers may utilize one of the three options listed on the first page of the
agenda.
None.
11.PUBLIC HEARINGS
The public may comment on individual Public Hearing Items within the three-
minute time limit. The applicant or appellant will be provided up to five minutes
to make their presentation. Speakers may utilize one of the three options listed
on the first page of this agenda.
11.a INTRODUCTION OF AN ORDINANCE TO AMEND SECTIONS OF TITLE
27 GRADING OF THE PALM DESERT MUNICIPAL AND MAKING A
FINDING OF EXEMPTION UNDER CEQA
651
RECOMMENDATION:
Introduce an Ordinance 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.”
Palm Desert City Council Meeting Agenda
October 24, 2024
5
11.b RESOLUTION ESTABLISHING AN ANNUAL LEASE RATE FOR DINING
DECKS AND LICENSING REQUIREMENTS FOR USE OF PUBLIC
RIGHT-OF-WAY FOR OUTDOOR DINING DECKS AND MAKING
FINDINGS
663
RECOMMENDATION:
Adopt a resolution entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,
ADOPTING AN ANNUAL LEASE RATE FOR DINING DECKS
AND LICENSING REQUIREMENTS FOR USE OF PUBLIC
RIGHT-OF-WAY FOR OUTDOOR DINING DECKS.”
1.
Authorize the City Attorney to make necessary non-monetary
changes to the contract.
2.
Authorize the City Manager to execute the license agreements
with dining deck operators and any other documents necessary to
effectuate this action.
3.
11.c INTRODUCTION OF AN ORDINANCE UPDATING PALM DESERT
MUNICIPAL CODE CHAPTER 5.11, DISCLOSURES UPON TRANSFER
OF RESIDENTIAL PROPERTY AND MAKING FINDINGS UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
685
RECOMMENDATION:
Hold a public hearing and introduce an ordinance entitled, “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, UPDATING PALM DESERT MUNICIPAL CODE CHAPTER
5.11, DISCLOSURES UPON TRANSFER OF RESIDENTIAL PROPERTY
AND MAKING FINDINGS UNDER CEQA.”
12.INFORMATION ITEMS
None.
13.ADJOURNMENT
Palm Desert City Council Meeting Agenda
October 24, 2024
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14.PUBLIC NOTICES
Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the
designated office for inspection of records in connection with this meeting is the
Office of the City Clerk, Palm Desert Civic Center, 73-510 Fred Waring Drive,
Palm Desert. Staff reports for all agenda items considered in open session, and
documents provided to a majority of the legislative bodies are available for
public inspection at City Hall and on the City’s website at www.palmdesert.gov
by clicking “Meeting Agendas” 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, Deputy 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
Deputy Clerk II
Palm Desert City Council Meeting Agenda
October 24, 2024
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Study Session of the Palm Desert City Council, Successor Agency to the Palm Desert
Redevelopment Agency, Housing Authority, and Board of Library Trustees
Minutes
October 10, 2024, 3:15 p.m.
Present: Mayor Pro Tem Jan Harnik, Councilmember Kathleen Kelly,
Councilmember Gina Nestande, Councilmember Evan Trubee,
Mayor Karina Quintanilla
1. CALL TO ORDER - STUDY SESSION
A Study Session of the Palm Desert City Council was called to order by Mayor
Quintanilla on Thursday, October 10, 2024, at 3:15 p.m. in the Council Chamber, City
Hall, located at 73-510 Fred Waring Drive, Palm Desert, California.
2. STUDY SESSION TOPICS
2.a STUDY SESSION: DISCUSSION ON A DRAFT ORDINANCE AMENDING THE
PALM DESERT MUNICIPAL CODE TO PROHIBIT THE POSSESSION OF
FIREARMS AT CITY HALL
City Clerk Mejia provided a staff report and responded to Council inquiries.
Brad Anderson, Rancho Mirage resident, spoke in opposition to prohibit the
possession of firearms at City Hall.
During the course of discussion, the City Council agreed not to move forward
with the draft ordinance at this time. The City Council requested that City staff
follow-up with the Riverside Sheriff's Office for their opinion on whether firearms
carried by Concealed Weapon Permit (CWP) holders pose a security threat and
to ascertain whether the Riverside County Administrative Office prohibits firearms
carried by CWP holders.
3. ADJOURNMENT
The City Council adjourned the Study Session at 3:30 p.m.
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Palm Desert City Council Study Session Minutes
October 10, 2024
2
Respectfully submitted,
_________________________
Níamh M. Ortega
Assistant City Clerk/Assistant Secretary
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary
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Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment
Agency, Housing Authority, and Board of Library Trustees
Regular Meeting Minutes
October 10, 2024, 3:30 p.m.
Present: Mayor Karina Quintanilla, Mayor Pro Tem Jan Harnik,
Councilmember Kathleen Kelly, Councilmember Gina Nestande,
Councilmember Evan Trubee
1. CALL TO ORDER - CLOSED SESSION - 3:30 P.M.
A Regular Meeting of the Palm Desert City Council was called to order by Mayor
Quintanilla on Thursday, October 10, 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 Quintanilla adjourned to Closed Session at 3:30 p.m.
4. CLOSED SESSION AGENDA
4.a Closed Session Meeting Minutes: September 12, 2024
4.b Conference with Real Property Negotiations pursuant to Government Code
Section 54956.8
4.b.1 Property Description: 73710 Fred Waring Drive, Suite 205
5. ROLL CALL - REGULAR MEETING - 4:00 P.M.
6. PLEDGE OF ALLEGIANCE
Councilmember Nestande led the Pledge of Allegiance.
7. INSPIRATION
Councilmember Trubee 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.
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9. AWARDS, PRESENTATIONS, AND APPOINTMENTS
9.a PRESENTATION: COLLEGE OF THE DESERT CAPITAL PROJECTS AND
INSTRUCTIONAL PROGRAMS
Interim Superintendent/President of College of the Desert, Laura Hope, and Vice
President Student Services, Rodrigo Garcia, narrated a PowerPoint presentation
and responded to City Council inquiries.
10. CITY MANAGER COMMENTS
10.a UPDATE ON PALM DESERT IHUB
Director of Economic Development Ceja provided an update on Palm Desert
iHub and responded to City Council inquiries.
11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
Councilmembers reported on their attendance at various meetings and events. Mayor
Pro Tem Harnik, with support of the City Council, requested a Study Session on the
neighborhood notifications regarding proposed developments.
12. NON-AGENDA PUBLIC COMMENTS
Sharon Mastropietro-Malone, Palm Desert resident, spoke in opposition to the Riverside
County contract for a consultant’s review of animal services.
Mike Morsch, Palm Desert resident, spoke in support of Measure G.
Pegie Crowley, Palm Desert resident, spoke in opposition to the Riverside County
contract for a consultant’s review of animal services.
Connor Limont, Palm Desert resident, spoke in opposition to hillside development.
Dean Gaton, Palm Desert resident, spoke regarding traffic issues within the city and
recommended district information be added to Councilmember bios on the City website.
13. CONSENT CALENDAR
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
To approve the consent calendar as presented.
Motion Carried (5 to 0)
13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING
AUTHORITY MINUTES
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Approve the Minutes of September 26, 2024.
Motion Carried
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13.b APPROVAL OF WARRANT REGISTERS
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Approve the warrant registers issued for the period 8/30/2024 to 9/19/2024.
Motion Carried
13.c RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE
LICENSES
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Receive and file the application for Alcoholic Beverage License for:
1918 Winter Street ABS, LLC (Albertsons #0567) - 42095 Washington Street,
Palm Desert
Motion Carried
13.d AWARD CONTRACT NO. C48480 TO SOUTHERN PACIFIC CONSTRUCTION
FOR THE FIRE STATION 67 RESTROOM RENOVATION (PROJECT NO.
MFA00030)
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
1. Award Contract No. C48480 to Southern Pacific Construction, of
Temecula, California, in the amount of $276,940.87, plus a $30,000
contingency, for the Fire Station 67 Restroom Renovation.
2. Authorize the City Attorney to make necessary nonmonetary changes to
the contract.
3. Authorize the City Manager to execute the contract 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
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13.e AWARD DESIGN CONTRACT NO. C48490 TO TKE ENGINEERING, INC., FOR
WALK AND ROLL PD PHASE 3 - PEDESTRIAN IMPROVEMENTS
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
1. Award Contract No. C48490 to TKE Engineering, Inc., of Riverside,
California, in the amount of $360,700 for design of the Walk and Roll PD -
Phase 3 Pedestrian Improvements Project (CST00002), plus a 10%
contingency for unforeseen conditions.
2. Authorize the City Attorney to make necessary nonmonetary changes to
the contract.
3. Authorize the City Manager to execute the contract and any written
requests for change orders, amendments, and any other documents
necessary to effectuate this action, in accordance with Section 3.30.170 of
the Palm Desert Municipal Code.
Motion Carried
13.f AWARD CONTRACT NO. C48140 TO DBX, INC., OF TEMECULA,
CALIFORNIA, FOR THE MARKET PLACE DRIVE AND COOK STREET
TRAFFIC SIGNAL IMPROVEMENTS (PROJECT NO. CTS0001)
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
1. Award Contract No. C48140 to DBX, Inc., of Temecula, California, in the
amount of $464,580, plus a $47,000 contingency, for the Market Place
Drive and Cook Street Traffic Signal Improvements.
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 up to the contingency amount, amendments,
and any other documents necessary to effectuate this action, in
accordance with Section 3.30.170 of the Palm Desert Municipal Code.
4. Authorize the City Manager to execute the Notice of Completion (NOC)
and the City Clerk to file the NOC upon satisfactory completion of the
Project.
Motion Carried
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13.g RELEASE MAINTENANCE BOND FOR PM 37512 FOR THE REVEL
LOCATED AT 74300 COUNTRY CLUB DRIVE
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Release Maintenance Bond in the amount of $5,096.07 for PM 37512 for the
Revel located at 74300 Country Club Drive.
Motion Carried
13.h RESOLUTION NO. 2024-074 AND HA-127: THIRD AMENDED AND
RESTATED DDLA AND ACTIONS RELATED TO THE CONVEYANCE OF THE
PARCELS IDENTIFIED AS APN 694-120-028 AND A PORTION OF 694-120-
029 FOR AFFORDABLE HOUSING
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
1. Adopt Resolution No. 2024-074 (City) entitled, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,
APPROVING A THIRD “AMENDED AND RESTATED DISPOSITION,
DEVELOPMENT AND LOAN AGREEMENT” REGARDING “PALM
VILLAS AT MILLENIUM” AMONG THE CITY, AS LESSOR, THE PALM
DESERT HOUSING AUTHORITY, AS LENDER, AND PALM
COMMUNITIES, A CALIFORNIA LIMITED PARTNERSHIP, AS LESEE/
BORROWER/ DEVELOPER, IN CONNECTION WITH APPROXIMATELY
10.49 ACRES OF PROPERTY OWNED BY THE CITY, AND TAKING
RELATED ACTIONS.”
2. Adopt Resolution No. HA-127 (Housing Authority) entitled, “A
RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY
APPROVING A THIRD “AMENDED AND RESTATED DISPOSITION,
DEVELOPMENT AND LOAN AGREEMENT” REGARDING “PALM
VILLAS AT MILLENIUM” AMONG THE AUTHORITY, AS LENDER, THE
CITY OF PALM DESERT, AS SELLER, AND PALM COMMUNITIES, A
CALIFORNIA CORPORATION, AS BUYER/ BORROWER/ DEVELOPER,
APPROPRIATING FUNDS IN CONNECTION THEREWITH, AND TAKING
RELATED ACTIONS.”
3. Authorize Mayor/Chairperson, staff, and legal counsel to negotiate,
execute and record agreements and necessary documents to effectuate
the resolutions, including the conveyance of the Property, the funding
commitments, and related actions for the Project as set forth in the Third
Amended and Restated DDLA.
Motion Carried (5 to 0)
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14. ACTION CALENDAR
14.a 2025 CALIFORNIA DESERT PLEIN AIR FESTIVAL FUNDING
Public Affairs Manager Soule narrated a PowerPoint presentation and responded
to City Council inquiries.
Motion by: Mayor Pro Tem Harnik
Seconded by: Councilmember Trubee
Approve funding in the amount of $25,000 for the inaugural California Desert
Plein Air Festival.
Motion Carried (5 to 0)
14.b RESOLUTION NO. 2024-075: ADOPT A POLICY FOR NOTIFYING
HOMEOWNER ASSOCIATIONS AS PART OF THE BUILDING PERMIT
PROCESS
Development Services Director Cannone requested this item be removed from
the agenda for further discussions with HOAs. No action taken on this item.
15. PUBLIC HEARINGS
15.a RESOLUTION NO. 2024-075: CONSIDERATION TO APPROVE A PRECISE
PLAN AMENDMENT FOR A 1,103-SQUARE-FOOT GUESTHOUSE AT 72240
UPPER WAY WEST
Councilmember Kelly recused herself from this item pursuant to the Levine Act
and left the meeting at this time.
Mayor Quintanilla opened the public hearing.
Principal Planner Flores narrated a PowerPoint presentation and responded to
City Council inquiries.
Applicant representative, Paul D. Bojic, Esq., spoke in favor of staff
recommendation and responded to City Council inquiries.
Mayor Quintanilla closed the public hearing, there being no other member of the
public wishing to speak.
Mayor Pro Tem Harnik requested that the matter be continued to the City Council
meeting of October 24, 2024, to provide members of the City Council the
opportunity to conduct a site visit.
In response, Michael Reilly, Applicant, requested that this item not be delayed
further due to past delays and hardship and responded to City Council inquiries.
Motion by: Councilmember Nestande
Seconded by: Mayor Quintanilla
Adopt Resolution No. 2024-075 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING A
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FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA), AND APPROVAL OF A HILLSIDE DEVELOPMENT
PLAN TO CONSTRUCT A 1,103-SQUARE-FOOT GUESTHOUSE ON A
PROPERTY LOCATED AT 72240 UPPER WAY WEST.”
NOES (1): Mayor Pro Tem Harnik
RECUSED (1): Councilmember Kelly
Motion Carried (3 to 1)
15.b ADOPT SUBSTANTIAL AMENDMENT TO ANNUAL ACTION PLAN FOR
PROGRAM YEAR 2020 COMMUNITY DEVELOPMENT BLOCK GRANT
Mayor Quintanilla opened the public hearing.
Senior Contracts and Grants Manager Barron narrated a PowerPoint
presentation and responded to City Council inquiries.
Mayor Quintanilla closed the public hearing, there being no member of the public
wishing to speak.
Motion by: Councilmember Trubee
Seconded by: Councilmember Kelly
1. Conduct the public hearing and receive public testimony.
2. Adopt the Substantial Amendment to PY 2020 Annual Action Plan.
3. Authorize the Director of Finance to appropriate $176,000 to CDBG
Program Expenditure Account No. 2204649-4400100, Palma Village Park
Capital Project.
4. Approve the Project agreement amendment with the Joslyn Center
(Contract No. C46570A).
Motion Carried (5 to 0)
15.c INTRODUCE ORDINANCE NO. 1417 AMENDING PALM DESERT MUNICIPAL
CODE CHAPTER 5.10, SHORT TERM RENTALS - ADOPT A POLICY (RES.
2024-077) SHORT-TERM RENTAL HARDSHIP EXTENSIONS FOR THE
HILLSIDE PLANNED RESIDENTIAL ZONE, AND MAKE A FINDING OF
EXEMPTION UNDER CEQA
Mayor Quintanilla opened the public hearing.
Development Services Director Cannone narrated a PowerPoint presentation
and responded to City Council inquiries.
Mayor Quintanilla closed the public hearing, there being no other member of the
public wishing to speak.
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Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
1. Hold a public hearing and introduce Ordinance No. 1417 entitled, “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, UPDATING PALM DESERT MUNICIPAL CODE CHAPTER
5.10, SHORT TERM RENTALS AND MAKING A FINDING OF
EXEMPTION UNDER CEQA.”
2. Adopt Resolution No. 2024-077 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A
POLICY FOR SHORT-TERM RENTAL HARDSHIP EXTENSIONS FOR
THE TERMINATION AND AMORTIZATION OF SHORT-TERM RENTALS
WITHIN THE HILLSIDE PLANNED RESIDENTIAL (HPR) ZONE.”
Motion Carried (5 to 0)
15.d INTRODUCTION OF ORDINANCE NO. 1418 TO ADD CHAPTER 12.36 TO
TITLE 12 OF THE PALM DESERT MUNICIPAL CODE ESTABLISHING
PUBLIC RIGHT-OF-WAY VACATION PROCEDURES AND MAKING A
FINDING OF EXEMPTION UNDER CEQA
Mayor Quintanilla opened the public hearing.
Principal Planner Melloni narrated a PowerPoint presentation and responded to
City Council inquiries.
Mayor Quintanilla closed the public hearing, there being no member of the public
wishing to speak.
Motion by: Councilmember Kelly
Seconded by: Councilmember Trubee
Introduce Ordinance No. 1418 entitled, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER
12.36 TO THE PALM DESERT MUNICIPAL CODE REGARDING PUBLIC
RIGHT-OF-WAY VACATION PROCEDURES AND MAKING A FINDING OF
EXEMPTION UNDER CEQA.”
Motion Carried (5 to 0)
15.e INTRODUCTION OF AN ORDINANCE UPDATING PALM DESERT MUNICIPAL
CODE CHAPTER 2.18, BUILDING BOARD OF APPEALS AND MAKING
FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)
Mayor Quintanilla opened the public hearing.
Principal Planner Melloni narrated a PowerPoint presentation and responded to
City Council inquiries.
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9
Mayor Quintanilla closed the public hearing, there being no other member of the
public wishing to speak.
Motion by: Councilmember Kelly
Seconded by: Councilmember Trubee
Hold a public hearing and introduce Ordinance No. 1419 entitled, “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 2.18,
BUILDING BOARD OF APPEALS AND MAKING FINDINGS UNDER CEQA.”
Motion Carried (5 to 0)
15.f ADOPT A RESOLUTION AMENDING THE TRANSPORTATION UNIFORM
MITIGATION FEE (TUMF) APPLICABLE TO ALL DEVELOPMENTS IN THE
CITY OF PALM DESERT AND FINDING THE ACTION EXEMPT FROM CEQA
PURSUANT TO CEQA GUIDELINES SECTION 15378
This item was continued to a date uncertain.
16. INFORMATION ITEMS
17. ADJOURNMENT
The City Council adjourned at 5:46 p.m.
Respectfully submitted,
_________________________
Níamh M. Ortega, CMC
Assistant City Clerk/Assistant Secretary
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary
19
20
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
9/30/2024 - 9/30/2024
City of Palm Desert
Account Number
09/30/202417635073 P E R SWR Rounding - 26565 08/30/202441115001104150 100000017635073 0.04
09/30/202417635073 P E R SWR PERS - 26565 08/30/202421611001100000 100000017635073 2,432.08
09/30/202418593137 US BANK P-CARD 9350WR 7587-LEAD Oct Air ADV R Chavez11501001100000 9530 - 9/20/24 675.00
09/30/202418593137 US BANK P-CARD 9350WR 7587-LEAD Oct Air ADV A Lawren11501001100000 9530 - 9/20/24 675.00
09/30/202418593137 US BANK P-CARD 9350WR 7587-ICC Cert A Hodges43630001104130 9530 - 9/20/24 125.00
09/30/202418593137 US BANK P-CARD 9350WR 4081-CSMFO V Chavez43120001104150 9530 - 9/20/24 275.00
09/30/202418593137 US BANK P-CARD 9350WR 7587-Wall Street Journal Subsc43620001104150 9530 - 9/20/24 38.99
09/30/202418593137 US BANK P-CARD 9350WR 7587-WSJ Subcription43620001104150 9530 - 9/20/24 9.99
09/30/202418593137 US BANK P-CARD 9350WR 7587-Wall Street Journal Subsc43620001104150 9530 - 9/20/24 38.99
09/30/202418593137 US BANK P-CARD 9350WR 7587-Wellness Fair 9/04/2443121011104154 9530 - 9/20/24 150.80
09/30/202418593137 US BANK P-CARD 9350WR 7587-CJPIA 9/16/24 snacks42191001104159 9530 - 9/20/24 75.99
09/30/202418593137 US BANK P-CARD 9350WR 7587-CJPIA 9/16/24 lunch42191001104159 9530 - 9/20/24 412.14
09/30/202418593137 US BANK P-CARD 9350WR 7587- Verizon Mthly Toll free43650001104159 9530 - 9/20/24 0.47
09/30/202418593137 US BANK P-CARD 9350WR 4081-Formstack FY2425 LIC FEE43620011104190 9530 - 9/20/24 625.44
09/30/202418593137 US BANK P-CARD 9350WR 7587- Excel Traning Ref 6/07/243620011104190 9530 - 9/20/24 -397.00
09/30/202418593137 US BANK P-CARD 9350WR 4081-mailchimp-Marketing Subsc43090001104417 9530 - 9/20/24 276.00
09/30/202418593137 US BANK P-CARD 9350WR 7587-Library Journal Subcript43620002524662 9530 - 9/20/24 179.99
09/30/202431423933 DEPARTMENT OF THE TREASURYWR Federal W/H P/D 09/11/202421601001100000 42983126 61,300.70
09/30/202431423933 DEPARTMENT OF THE TREASURYWR SocialSec W/H P/D 09/11/202421601011100000 42983126 1,224.22
09/30/202431423933 DEPARTMENT OF THE TREASURYWR Medicare W/H P/D 09/11/202421603001100000 42983126 18,188.85
09/30/202434923383 P E R SWR Rounding 26565 09/06/202441115001104150 100000017635029 0.45
09/30/202434923383 P E R SWR PERS 26565 09/06/202421611001100000 100000017635029 63,388.74
09/30/202434999917 P E R SWR Rounding 1105 09/06/202441115001104150 100000017634971 0.25
09/30/202434999917 P E R SWR PERS 1105 09/06/202421611001100000 100000017634971 54,854.15
09/30/202436141347 STATE OF CALIFORNIAWR PIT W/H PD: 09/11/202421602001100000 7996534 25,489.29
09/30/202436498817 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 09/11/2421626001100000 6188034 7,532.86
09/30/202436498817 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 09/11/2410292006100000 6188034 7,532.86
09/30/2024Report Date 1Page City and Housing
Docusign Envelope ID: A421331F-A6C6-48DC-B830-68FF34642190
21
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
9/30/2024 - 9/30/2024
City of Palm Desert
Account Number
09/30/202436498817 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 09/11/2421622006100000 6188034 -7,532.86
09/30/202436628416 Empower Retirement LLCWR 401-A Retire PayDay: 09/11/2421622016100000 1221825838 -16,093.17
09/30/202436628416 Empower Retirement LLCWR 401-A Retire PayDay: 09/11/2421622011100000 1221825838 16,093.17
09/30/202436628416 Empower Retirement LLCWR 401-A Retire PayDay: 09/11/2410292016100000 1221825838 16,093.17
09/30/202437157329 Empower Retirement LLCWR Deferred Comp PayDay 09/11/2410293006100000 1221824501 22,638.50
09/30/202437157329 Empower Retirement LLCWR DEFERRED COMP PAYDAY 09/11/2421621006100000 1221824501 -4,490.00
09/30/202437157329 Empower Retirement LLCWR Deferred Comp PayDay 09/11/2421623001100000 1221824501 22,638.50
09/30/202437157329 Empower Retirement LLCWR DEFERRED COMP PAYDAY 09/11/2410291006100000 1221824501 4,490.00
09/30/202437157329 Empower Retirement LLCWR DEFERRED COMP PAYDAY 09/11/2421621001100000 1221824501 4,490.00
09/30/202437157329 Empower Retirement LLCWR Deferred Comp PayDay 09/11/2421623006100000 1221824501 -22,638.50
09/30/202460741200 TRANSAMERICA EMPLOYEE BENEFITSWR Supplmental Ins 09-30-2421616001100000 2505490914 707.54
09/30/202460741200 TRANSAMERICA EMPLOYEE BENEFITSWR Supplmental Ins 09-30-2421616001100000 2505490914 336.86
09/30/202463770373 TRANSAMERICA EMPLOYEE BENEFITSWR Supplmental Ins 08-31-2421616001100000 2505462552 756.44
09/30/202463770373 TRANSAMERICA EMPLOYEE BENEFITSWR Supplmental Ins 08-31-2421616001100000 2505462552 336.86
09/30/202464175258 STERLING ADMINISTRATIONWR FSA HEALTH CARE 09/11/202421616001100000 806432 3,291.66
09/30/202464175258 STERLING ADMINISTRATIONWR FSA DEPENDANT CARE 09/11/202421616001100000 806432 1,438.32
09/30/202465644054 STATE OF CALIFORNIAWR PIT W/H PD: 09/13/202421602001100000 8003083 102.18
09/30/202465800919 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 09/25/2421626001100000 6987989 7,616.42
09/30/202465800919 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 09/25/2410292006100000 6987989 7,616.42
09/30/202465800919 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 09/25/2421622006100000 6987989 -7,616.42
09/30/202466481049 Empower Retirement LLCWR 401-A Retire PayDay: 09/25/2410292016100000 1225504233 16,871.36
09/30/202466481049 Empower Retirement LLCWR 401-A Retire PayDay: 09/25/2421622016100000 1225504233 -16,871.36
09/30/202466481049 Empower Retirement LLCWR 401-A Retire PayDay: 09/25/2421622011100000 1225504233 16,871.36
09/30/202466482715 Empower Retirement LLCWR Deferred Comp PayDay 09/25/2421623001100000 1225502578 22,230.83
09/30/202466482715 Empower Retirement LLCWR DEFERRED COMP PAYDAY 09/25/2410291006100000 1225502578 4,490.00
09/30/202466482715 Empower Retirement LLCWR Deferred Comp PayDay 09/25/2421623006100000 1225502578 -22,230.83
09/30/202466482715 Empower Retirement LLCWR Deferred Comp PayDay 09/25/2410293006100000 1225502578 22,230.83
09/30/2024Report Date 2Page City and Housing
Docusign Envelope ID: A421331F-A6C6-48DC-B830-68FF34642190
22
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
9/30/2024 - 9/30/2024
City of Palm Desert
Account Number
09/30/202466482715 Empower Retirement LLCWR DEFERRED COMP PAYDAY 09/25/2421621006100000 1225502578 -4,490.00
09/30/202466482715 Empower Retirement LLCWR DEFERRED COMP PAYDAY 09/25/2421621001100000 1225502578 4,490.00
09/30/202466528950 P E R SWR Rounding - 1105 08/30/202441115001104150 100000017635011 0.01
09/30/202466528950 P E R SWR PERS - 1105 08/30/202421611001100000 100000017635011 615.32
09/30/202469326030 STERLING ADMINISTRATIONWR FSA HEALTH CARE 09/25/202421616001100000 808311 3,291.66
09/30/202469326030 STERLING ADMINISTRATIONWR FSA DEPENDANT CARE 09/25/202421616001100000 808311 1,438.32
09/30/202474008387 STATE OF CALIFORNIAWR PIT W/H PD: 09/25/202421602001100000 8012570 25,516.74
09/30/202474685700 P E R SWR Rounding 26565 09/20/202441115001104150 100000017635051 0.48
09/30/202474685700 P E R SWR PERS 26565 09/20/202421611001100000 100000017635051 64,140.02
09/30/202474706855 P E R SWR Rounding 1105 09/20/202441115001104150 100000017634992 0.24
09/30/202474706855 P E R SWR PERS 1105 09/20/202421611001100000 100000017634992 54,692.56
09/30/202478102478 DEPARTMENT OF THE TREASURYWR Federal W/H P/D 09/13/202421601001100000 93286045 862.96
09/30/202478102478 DEPARTMENT OF THE TREASURYWR Medicare W/H P/D 09/13/202421603001100000 93286045 454.42
09/30/202478184425 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 09/13/2421626001100000 6482644 233.76
09/30/202478184425 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 09/13/2410292006100000 6482644 233.76
09/30/202478184425 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 09/13/2421622006100000 6482644 -233.76
09/30/202478189375 PUBLIC EMPLOYEES' RETIREMENTWR Health Premium Emp 09/202421608001100000 100000017647816 225,603.28
09/30/202478189375 PUBLIC EMPLOYEES' RETIREMENTWR Health Premium CC 09/202421608001100000 100000017647816 7,454.83
09/30/202478189375 PUBLIC EMPLOYEES' RETIREMENTWR EMP ADJ 09/202421608001100000 100000017647816 2,478.76
09/30/202478189375 PUBLIC EMPLOYEES' RETIREMENTWR Health Premium Retiree 09/202441190005764192 100000017647816 15,959.60
09/30/202479450313 DEPARTMENT OF THE TREASURYWR Federal W/H P/D 09/25/202421601001100000 83466685 61,520.02
09/30/202479450313 DEPARTMENT OF THE TREASURYWR SocialSec W/H P/D 09/25/202421601011100000 83466685 1,237.64
09/30/202479450313 DEPARTMENT OF THE TREASURYWR Medicare W/H P/D 09/25/202421603001100000 83466685 18,079.54
09/30/2024Report Date 3Page City and Housing
Docusign Envelope ID: A421331F-A6C6-48DC-B830-68FF34642190
23
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
9/30/2024 - 9/30/2024
City of Palm Desert
Account Number
Examined and Approved Total For Bank ID - WR
822,553.73City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
09/30/2024Report Date 4Page City and Housing
Docusign Envelope ID: A421331F-A6C6-48DC-B830-68FF34642190
24
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/7/2024 - 10/7/2024
City of Palm Desert
Account Number
10/07/202402004472 BURRTECW1 TRASH PICKUP SRV PP East43518002774373 433101-10/24 8,989.36
10/07/202402004472 BURRTECW1 TRASH PICKUP SRV PP West43518002774373 433104-10/24 7,392.96
10/07/202402004472 BURRTECW1 73710 FW TRASH PICKUP SRV43696015104195 208162-10/24 519.27
10/07/202402004472 BURRTECW1 73720 FW TRASH PICKUP SRV43696025104195 208189-10/24 372.91
10/07/202402004473 COACHELLA VALLEY WATER DIST.W1 iHUB CVWD Sept 202443950004254430 720041309104SP24 66.02
10/07/202402004474 COX SUBSCRIPTIONS INCW1 FY25/26 WT COX SUBSCRIPTN14301002520000 3140670 1,588.24
10/07/202402004474 COX SUBSCRIPTIONS INCW1 FY24/25 WT COX SUBSCRIPTN43620002524662 3140670 4,559.23
10/07/202402004475 JOE GONSALVES & SON CORPW1 Oct24 Retainer Legislative43090001104112 161934 3,000.00
10/07/202402004476 NEAL ENNISW1 2024-09 PWX24 MILAGE43115001104300 0924-NE-PWX24 14.74
10/07/202402004476 NEAL ENNISW1 2024-09 PWX24 AIRFARE43120001104300 0924-NE-PWX24 637.96
10/07/202402004476 NEAL ENNISW1 2024-09 PWX24 LODGING43120001104300 0924-NE-PWX24 1,137.56
10/07/202402004476 NEAL ENNISW1 2024-09 PWX24 AIRPORT PARKING43120001104300 0924-NE-PWX24 100.00
10/07/202402004476 NEAL ENNISW1 2024-09 PWX24 TRANSPORTATION43120001104300 0924-NE-PWX24 95.40
10/07/202402004476 NEAL ENNISW1 2024-09 PWX24 MEALS43120001104300 0924-NE-PWX24 333.00
Examined and Approved Total For Bank ID - W1
28,806.65City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
10/07/2024Report Date 1Page City and Housing
Docusign Envelope ID: C2134DE2-CB54-429F-88A1-F7DDAC72C9FE
25
26
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/10/2024 - 10/10/2024
City of Palm Desert
Account Number
10/10/202400002849 JOSLYN CENTERW1 FY 24/25 JOSLYN CENTER QUARTLY43893001104800 13491 61,510.23
10/10/202400002850 A+ WINDOW & GUTTER CLEANINGW1 R/M BLDGS - CITY HALL43310001104340 9259 3,000.00
10/10/202400002851 AETNA RESOURCES FOR LIVINGW1 NOV2024 Employee Assistance43090001104154 E0328949 173.75
10/10/202400002852 Amazon Capital Services Inc.W1 Bulletin Board - A. Molina42110001104154 19WC-N17Q-16RR 49.45
10/10/202400002853 CDW LLCW1 Startech Monitor Stand42120001104190 AA8U77F 181.74
10/10/202400002854 CITY NETW1 Street outreach - 07/2443090002254212 2024-0700121 10,403.48
10/10/202400002854 CITY NETW1 Street outreach - 08/2443090002254212 2024-0800121 11,564.45
10/10/202400002854 CITY NETW1 Street outreach exp - 07/2443090002264212 2024-0700121 10,403.48
10/10/202400002854 CITY NETW1 Street outreach- 08/2443090002264212 2024-0800121 11,564.45
10/10/202400002855 COACHELLA VALLEY ECONOMICW1 1ST INSTAL F&P- FY24/25 C4542043091021104430 4063-RI 12,500.00
10/10/202400002856 CORNERSTONE RESTAURANT SUPPLY &W1 APPLIANCES - CC SNACKBAR44040001104610 INV003854 17,713.00
10/10/202400002857 EVERBRIDGE INCW1 Nexile Engage 11/1/24-6/30/2443090001104211 M83861 3,480.00
10/10/202400002857 EVERBRIDGE INCW1 Nexile Engage 7/1/25-10/31/2514301001100000 M83861 1,740.00
10/10/202400002858 FG CREATIVE INCW1 Merchant Business 10/2443090001104430 10270 1,500.00
10/10/202400002858 FG CREATIVE INCW1 Monthly Agency Fee Sep 2443215002714491 10275 3,350.00
10/10/202400002858 FG CREATIVE INCW1 Print Ads/Graphic Design43215002714491 10275 1,100.00
10/10/202400002858 FG CREATIVE INCW1 Social Media Monthly 9/2443215002714491 10275 2,500.00
10/10/202400002858 FG CREATIVE INCW1 PR/Influencers43215002714491 10275 500.00
10/10/202400002858 FG CREATIVE INCW1 Merchant Relations43215002714491 10275 1,800.00
10/10/202400002858 FG CREATIVE INCW1 Lamar 116329209 Sept PDAC43090002424549 10272 2,200.00
10/10/202400002858 FG CREATIVE INCW1 Radio:764127-2 U-92 Aug/sept43090002424549 10272 2,000.00
10/10/202400002858 FG CREATIVE INCW1 Radio: 764131-2 Mix 100.5 Aug/43090002424549 10272 2,000.00
10/10/202400002858 FG CREATIVE INCW1 Retainer : Monthly account man43090002424549 10272 1,800.00
10/10/202400002858 FG CREATIVE INCW1 Public Relations Services43090002424549 10272 300.00
10/10/202400002858 FG CREATIVE INCW1 Social Media: assist staff wit43090002424549 10272 1,000.00
10/10/202400002858 FG CREATIVE INCW1 Facebook Campaigns43090002424549 10272 63.73
10/10/202400002858 FG CREATIVE INCW1 Website maintenance - 08/2443215002714491 10267 250.00
10/10/2024Report Date 1Page City and Housing
Docusign Envelope ID: BC63B4D2-E359-475F-9803-0B3D5D171DD3
27
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/10/2024 - 10/10/2024
City of Palm Desert
Account Number
10/10/202400002858 FG CREATIVE INCW1 Website fees - Des Pub - 08/2443215002714491 10267 250.00
10/10/202400002859 FIRSTCHOICE COFFEE SERVICEW1 KITCHEN/COFFEE SUPPLIES - CH42190001104340 746232 1,774.67
10/10/202400002860 GRANICUS INCW1 Granicus Essentials Package 314301001100000 189748 857.50
10/10/202400002860 GRANICUS INCW1 Granicus Essentials Package 343620011104190 189748 9,432.50
10/10/202400002860 GRANICUS INCW1 Granicus Renewal-GovAccess/CS14301001100000 191545 5,338.00
10/10/202400002860 GRANICUS INCW1 CS Platform Renewal 7/25-9/3043620011104190 190431 1,937.98
10/10/202400002860 GRANICUS INCW1 Granicus Renewal-GovAccess/CS43620011104190 191545 16,013.95
10/10/202400002861 HORIZON PROFESSIONAL LANDSCAPEW1 LMA 6 EXTRA WORK -DW PERIMETER43320004414195 6734 2,380.17
10/10/202400002862 KIMLEY-HORN AND ASSOCIATES INC.W1 AMEND 3 - EXTEND TERM/INCREASE50009072134250 29313984 40,647.50
10/10/202400002863 MARIPOSA LANDSCAPES INCW1 EXTRA WORK - ENTRADA43921011104614 109771 5,059.42
10/10/202400002864 OTIS ELEVATOR COW1 OCT24 ELEVATOR SVC - CORP YARD43090001104330 100401690784 213.94
10/10/202400002864 OTIS ELEVATOR COW1 OCT24 ELEVATOR SVC SHERIFF CTR43695005104195 100401689161 215.99
10/10/202400002865 PALM DESERT CHAMBER OF COMMERCEW1 BusinessBreakfast 9/10/24 Ivan43125001104130 75513 35.00
10/10/202400002866 PRO-CRAFT CONSTRUCTION INCW1 R/M PLUMBING SRV - PDAC43311012424549 24124-3 1,348.81
10/10/202400002867 PYE BAKERW1 ALARM MONITORING - CITY HALL43090001104340 4930307 144.00
10/10/202400002867 PYE BAKERW1 ALARM MONITORING - PCC43090001104344 4930123 225.00
10/10/202400002867 PYE BAKERW1 ALARM MONITORING - IHUB43950004254430 4930277 144.00
10/10/202400002867 PYE BAKERW1 ALARM MONITORING - PARKVIEW43696015104195 4930189 432.00
10/10/202400002867 PYE BAKERW1 ALARM MONITORING - STATE BLDG43696025104195 4930182 144.00
10/10/202400002867 PYE BAKERW1 ALARM MONITORING - STATE BLDG43696025104195 4930183 144.00
10/10/202400002867 PYE BAKERW1 ALARM MONITORING - HENDERSON43698005104195 4930187 432.00
10/10/202400002867 PYE BAKERW1 ALARM MONITORING - HENDERSON43698005104195 4930188 144.00
10/10/202400002867 PYE BAKERW1 ALARM MONITORING - CORPYARD43090001104330 4931406 315.00
10/10/202400002867 PYE BAKERW1 ALARM MONITORING - HIST SOC43090001104340 4930308 432.00
10/10/202400002867 PYE BAKERW1 ALARM MONITORING - CITY HALL43090001104340 4931404 144.00
10/10/202400002867 PYE BAKERW1 ALARM MONITORING - CITY HALL43090001104340 4931405 288.00
10/10/202400002868 SANT MADEW1 FY 24/25 BRIGHTSIDE Sep/Oct43026001104417 2998 2,000.00
10/10/2024Report Date 2Page City and Housing
Docusign Envelope ID: BC63B4D2-E359-475F-9803-0B3D5D171DD3
28
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/10/2024 - 10/10/2024
City of Palm Desert
Account Number
10/10/202400002868 SANT MADEW1 BRIGHTSIDE DESIGN SVC Nov/Dec43026001104417 3039 2,000.00
10/10/202400002868 SANT MADEW1 HOSTING DISCOVER PD 08/2443620011104190 2987 700.00
10/10/202400002869 VERIZON WIRELESS SERVICES LLCW1 Verizon AUG24-SEP2322899501100000 9974589060 5,506.89
10/10/202400002869 VERIZON WIRELESS SERVICES LLCW1 Verizon MIFI AUG29-SEP2822899501100000 9974973390 2,246.91
10/10/202400002870 VINTAGE ASSOCIATESW1 LMA 16 EXTRA WORK - PARKS43320011104611 234114 3,132.19
10/10/202400002870 VINTAGE ASSOCIATESW1 LMA 16 EXTRA WORK - HAYSTACK43321002764374 234114 946.83
10/10/202400002871 VISUAL EDGE IT INCW1 Usage&Supplies-3TX417599-SEP2443420001104190 24AR2111456 2,007.69
10/10/202400002871 VISUAL EDGE IT INCW1 Usage&Supply 3TX403772 SEP2443420001104190 24AR2111457 140.45
10/10/202400002872 WILLCORPW1 TO0010069- Haystack- SDS0000342191001104159 2255 21,961.81
10/10/202400002872 WILLCORPW1 TO0010069- Haystack- SDS0000342191001104159 2253 40,258.06
10/10/202400002872 WILLCORPW1 TO0010069- Haystack- SDS0000342191001104159 2249 55,557.53
10/10/202400002872 WILLCORPW1 TO0010069- Haystack- SDS0000342191001104159 2248 36,064.73
10/10/202400002872 WILLCORPW1 TO0010069- Haystack- SDS0000342191001104159 2246 30,860.69
10/10/202400002873 SMART SOURCE LLCW1 Link+ transportation bags42112002524662 1573801 412.88
10/10/202402004478 ANNE FAITH NICHOLLSW1 Artist honorarium for the 202544002004364650 NICHOLLSC47500G 4,000.00
10/10/202402004479 ANSER ADVISORY MANAGEMENT LLCW1 TO009639- Corp Yard, Sheriff44045005304310 26822 2,925.00
10/10/202402004480 ANTHEM BLUE CROSS EAPW1 EMS 9/28/2022 Run 22-60966034124002300000 458A52227 400.00
10/10/202402004481 BECK OIL INCW1 GAS AND DIESEL FUEL42170001104331 133310 4,267.80
10/10/202402004482 BIO TOX LABORATORIESW1 24/25 BLOOD & URINE ANALYSIS S43904001104210 46432 846.72
10/10/202402004482 BIO TOX LABORATORIESW1 24/25 BLOOD & URINE ANALYSIS43904001104210 46433 798.65
10/10/202402004483 CASH, PETTYW1 NEW YEAR ICE CREAM 7/01/2443125001104150 SCASTRO7/01/24 31.89
10/10/202402004483 CASH, PETTYW1 NH live scan M Barroso43056001104154 ELI HR 8/14/24 59.00
10/10/202402004483 CASH, PETTYW1 COFFEE W/MAYOR 7/10/2443125001104417 VMAGER7/10/24 37.98
10/10/202402004483 CASH, PETTYW1 COFFEE W/MAYOR 7/10/2443125001104417 VMAGER7/10 22.00
10/10/202402004483 CASH, PETTYW1 ICSC mileage 9/24-9/25 ECeja43115001104430 ECEJA 9/24/25 34.58
10/10/202402004483 CASH, PETTYW1 COMM MEETINGS HAYSTACK 6/26/2443125001104430 VMAGER 6/26/24 11.98
10/10/202402004483 CASH, PETTYW1 COMM MEETINGS HAYSTACK 6/26/2443125001104430 VMAGER 6/26 15.47
10/10/2024Report Date 3Page City and Housing
Docusign Envelope ID: BC63B4D2-E359-475F-9803-0B3D5D171DD3
29
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/10/2024 - 10/10/2024
City of Palm Desert
Account Number
10/10/202402004483 CASH, PETTYW1 COMM MEETINGS REFUGE 6.25.2443125001104430 VMAGER 6.25.24 25.84
10/10/202402004483 CASH, PETTYW1 CAC CUPS ART COMMIT42190004364650 VMAGER 8/06/24 37.03
10/10/202402004483 CASH, PETTYW1 CULTURAL ARTS MEETING 6/12/2443125004364650 EPOWELL6/12 11.48
10/10/202402004483 CASH, PETTYW1 Postage for Sunburst43660004364650 EPOWELL 9/23/24 26.65
10/10/202402004484 CEJA, ERICW1 LOCC 2024 10/15-10/17/2443115001104130 ADV MILE10/15/24 172.19
10/10/202402004484 CEJA, ERICW1 LOCC 2024 10/15 - 10/17/202443120001104130 ADV PDM 10/15/24 215.00
10/10/202402004485 CHARLES SHERMANW1 Artist honorarium for the 202544002004364650 SHERMANC47500Q 4,000.00
10/10/202402004486 CHARTER COMMUNICATIONSW1 10/01-10/31 City Hall Internet43650001104190 189329401100124 115.21
10/10/202402004487 COACHELLA VALLEY ECONOMICW1 CVEP EconSummit24 Chris Escobe43125001104130 4078 150.00
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 1131 HOVLEY SOCCER PARK43510001104611 315303847830SP24 1,713.39
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 10049 FREEDOM PARK43510001104611 315491848018SP24 10,571.65
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 1089 MEDIANS43510001104614 315239847766SP24 3,847.32
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 D. 1088 Desert Mirage (Cook)43510002734680 315237847764SP24 339.33
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 C. 1088 K/B (Heatherwood)43510002854374 315237847764SP24 62.39
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 H. 1088 College View Estates I43510002874374 315237847764SP24 135.17
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 F. 1088 The Boulders (Shepherd43510002874680 315237847764SP24 119.49
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 B. 1088 Sundance W (Kokopelli)43510002874681 315237847764SP24 80.59
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 E. 1088 Petunia Place 1 (Petun43510002874682 315237847764SP24 72.78
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 A. 1088 Sundance E. (Shepherd43510002874683 315237847764SP24 565.64
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 G. 1088 College View Estates I43510002874684 315237847764SP24 181.97
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 TOWN CENTER WAY43510001104310 307113813150SP24 27.38
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 1052 CORPORATION YARD43510001104330 315177847704SP24 471.91
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 44911 Cabrillo Avenue43510001104340 712257390932SP24 66.02
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 10364 HOVLEY SOCCER PARK43510001104611 316695849222SP24 14,682.34
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 1051 ST MEDIANS "4"43510001104614 315175847702SP24 4,581.06
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 44400 Town Ctr - FS 3343510002304220 163253444356SP24 236.09
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 13 1050 Primrose II43510002734682 315173847700SP24 124.77
10/10/2024Report Date 4Page City and Housing
Docusign Envelope ID: BC63B4D2-E359-475F-9803-0B3D5D171DD3
30
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/10/2024 - 10/10/2024
City of Palm Desert
Account Number
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 1 1050 Diamondback43510002754643 315173847700SP24 209.55
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 18 1050 Monterey Meadows43510002754680 315173847700SP24 143.13
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 17 1050 The Glen43510002754681 315173847700SP24 105.77
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 2 1050 Hovley Estates43510002754682 315173847700SP24 82.12
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 15 1050 Hovley Estates43510002754682 315173847700SP24 65.31
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 22 1050 Sonata I43510002754683 315173847700SP24 434.07
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 20 1050 Sonata II43510002754684 315173847700SP24 153.93
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 16 1050 Hovley Collection43510002754685 315173847700SP24 74.25
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 21 1050 Hovley Collection43510002754685 315173847700SP24 29.89
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 5 1050 La Paloma I43510002754686 315173847700SP24 29.89
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 19 1050 La Paloma I43510002754686 315173847700SP24 62.63
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 6 1050 La Paloma II43510002754687 315173847700SP24 218.12
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 3 1050 La Paloma III43510002754693 315173847700SP24 149.71
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 7 1050 Sandpiper43510002754694 315173847700SP24 100.16
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 8 1050 Sandpiper43510002754695 315173847700SP24 134.30
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 4 1050 Hovley Court West43510002754696 315173847700SP24 137.21
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 14 1050 Palm Court43510002754697 315173847700SP24 145.05
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 Larkspur Ln - Fire Mtr PP E/W43510002774373 797761405428SP24 86.99
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 Portola Ave - Fire Mtr PP E/W43510002774373 797755405410SP24 98.99
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 San Luis Rey - Fire Mtr PP E/W43510002774373 797759405418SP24 86.99
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 12 1050 Waring Court43510002794374 315173847700SP24 53.45
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 11 1050 Palm Gate43510002804374 315173847700SP24 42.89
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 10 1050 Canyon Crest43510002864374 315173847700SP24 682.44
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 9 1050 PDCC43510002994374 315173847700SP24 299.65
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 72880 Hwy 111 - Fire Mtr Sears43510004254430 800643444692SP24 80.20
10/10/202402004488 COACHELLA VALLEY WATER DIST.W1 72880 Hwy 111 - Fire Mtr Sears43510004254430 800645741286SP24 88.25
10/10/202402004489 CSMFOW1 Austin Yaple Mgmt Membership43630001104150 300015625 135.00
10/10/2024Report Date 5Page City and Housing
Docusign Envelope ID: BC63B4D2-E359-475F-9803-0B3D5D171DD3
31
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/10/2024 - 10/10/2024
City of Palm Desert
Account Number
10/10/202402004490 DEBRUYNE, HILDEW1 Artist honorarium for the 202544002004364650 DEBRUYNEC47500B 4,000.00
10/10/202402004491 DEPARTMENT OF PESTICIDEW1 2024-25 DPRCERT-BC43630001104300 LIC90803-BC2024 140.00
10/10/202402004492 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - STATE BLDG43696025104195 253873 110.04
10/10/202402004492 DESERT AIR CONDITIONING INC.W1 R/M HVRC SRVS - CORPYARD43310001104330 251032 191.40
10/10/202402004492 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - ARTIST CTR43885001104800 253745 297.00
10/10/202402004492 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - AQUATIC CTR43311012424549 253686 272.25
10/10/202402004493 DESERT ARCW1 FY24/25 SHREDDING SCS - TECH43360001104190 12606 1,995.00
10/10/202402004493 DESERT ARCW1 FY 24/25 SHREDDING SCS43090001104111 12823 175.00
10/10/202402004494 DESERT FIRE EXTINGUISHERW1 R/M FIRE SYSTEM - CITY HALL43310001104340 12484534 550.00
10/10/202402004495 DESERT RECREATION DISTRICTW1 AG24 PARKS/REC SRVS -PORTOLA C43090001104344 3752 10,307.97
10/10/202402004495 DESERT RECREATION DISTRICTW1 AG24 PARK SRVS - CC PARK43092001104610 3751 46,376.64
10/10/202402004496 DESERT TREE SPRAYINGW1 SP24 RODENT/GOPHER CTRL- CC43320011104610 3407 310.00
10/10/202402004496 DESERT TREE SPRAYINGW1 GOPHER/RODENT CONTROL - PARKS43320011104611 3407 305.00
10/10/202402004496 DESERT TREE SPRAYINGW1 RODENT/GOPHER CONTROL - GARDEN43910001104611 3407 90.00
10/10/202402004496 DESERT TREE SPRAYINGW1 RODENT/GOPHER CONTROL - ENTRAD43921011104614 3407 140.00
10/10/202402004496 DESERT TREE SPRAYINGW1 RODENT/GOPHER CONTROL - K/B43321002854374 3407 90.00
10/10/202402004497 FLORES , CARLOSW1 APA CONF 9/16-19/23 C.FLORES11501001100000 CLR-PRDM 9/19/23 -241.50
10/10/202402004497 FLORES , CARLOSW1 APA CONF 9/16-19/23 C.FLORES14301001100000 CLR-LDG 9/19/23 -647.49
10/10/202402004497 FLORES , CARLOSW1 APA CONF 9/16-19/23 C.FLORES14301001100000 CLR-MLG 9/19/23 -444.09
10/10/202402004497 FLORES , CARLOSW1 APA CONF 9/16-19/23 C.FLORES43115001104470 MLG 9/19/23 469.64
10/10/202402004497 FLORES , CARLOSW1 APA CONF 9/16-19/23 C.FLORES43120001104470 LDG 9/19/23 647.49
10/10/202402004497 FLORES , CARLOSW1 APA CONF 9/16-19/23 C.FLORES43120001104470 PRDM 9/19/23 241.50
10/10/202402004498 FOSTER GARDNER INC.W1 FERTILIZER - HOVLEY43320011104611 282853 2,822.69
10/10/202402004498 FOSTER GARDNER INC.W1 FERTILIZER - EL PASEO43370011104614 282745 1,720.45
10/10/202402004499 Gay Desert GuideW1 Advertising KGAY Desert Guide43221001104417 20242936 100.00
10/10/202402004500 GHORBANI, MAHMOUDW1 EMS 8/7/22 Ref Run 22-48093734124002300000 OVERPAYMENT 181.00
10/10/202402004501 GLS USW1 Western Natl Group Contract43660001104111 5374918 3.80
10/10/2024Report Date 6Page City and Housing
Docusign Envelope ID: BC63B4D2-E359-475F-9803-0B3D5D171DD3
32
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/10/2024 - 10/10/2024
City of Palm Desert
Account Number
10/10/202402004501 GLS USW1 Richards, Watson & Gershon Con43660001104111 5374918 4.87
10/10/202402004502 GOVERNMENT FINANCE OFFICERSW1 A. Yaple-GAAP Update Training43120001104150 3161694 150.00
10/10/202402004502 GOVERNMENT FINANCE OFFICERSW1 Sarah S. GAAP Update Training43120001104150 3161274 135.00
10/10/202402004503 GRANITE CONSTRUCTION CO INC.W1 R/M STREETS - PIEROS PIZZA43320001104310 2798115 157.79
10/10/202402004504 GREATER COACHELLA VALLEYW1 Harnik GCV SOM-10/01/2443125001104110 34369382 30.00
10/10/202402004505 HERITAGE PROVIDER NETWORK INCW1 EMS 11/6/23 Run 23-71785934124002300000 20130700942300 589.82
10/10/202402004506 HORIZON LIGHTING INC.W1 ELECT/LIGHTING - FS #3343310002304220 363965 16,488.11
10/10/202402004506 HORIZON LIGHTING INC.W1 ELECT/LIGHTING - FS 7143310002304220 364037 7,219.83
10/10/202402004507 IMPERIAL IRRIGATION DISTRICTW1 37998 Gerald Ford Dr43514001104250 50514026-SP24 39.24
10/10/202402004507 IMPERIAL IRRIGATION DISTRICTW1 37996 Gerald Ford Dr Signal LT43514001104250 50514028-SP24 64.42
10/10/202402004507 IMPERIAL IRRIGATION DISTRICTW1 Dinah Shore Dr/Miriam43514001104250 50087452-SP24 72.10
10/10/202402004507 IMPERIAL IRRIGATION DISTRICTW1 Dinah Shore Dr/Monterrey43514001104250 50087432-SP24 77.65
10/10/202402004507 IMPERIAL IRRIGATION DISTRICTW1 Dinah Shore Dr/Miriam43514001104250 50087411-SP24 40.31
10/10/202402004507 IMPERIAL IRRIGATION DISTRICTW1 Dinah Shore Dr/Shopper43514001104250 50087402-SP24 40.61
10/10/202402004507 IMPERIAL IRRIGATION DISTRICTW1 Dinah Shore Dr/Monterey43514001104250 50087443-SP24 42.16
10/10/202402004507 IMPERIAL IRRIGATION DISTRICTW1 75398 Frank Sinatra Dr43514001104250 50540840-SP24 51.99
10/10/202402004507 IMPERIAL IRRIGATION DISTRICTW1 75394 Frank Sinatra Dr St Ligh43514001104250 50540839-SP24 29.55
10/10/202402004507 IMPERIAL IRRIGATION DISTRICTW1 72800 Dinah Shore Drive43514001104250 50087423-SP24 66.43
10/10/202402004507 IMPERIAL IRRIGATION DISTRICTW1 75396 Frank Sinatra Dr43514001104250 50540835-SP24 42.16
10/10/202402004507 IMPERIAL IRRIGATION DISTRICTW1 33108 Mont Safety Lt43514001104250 50887764-SP24 120.03
10/10/202402004507 IMPERIAL IRRIGATION DISTRICTW1 34249 Monterey Ave43514001104250 50488446-SP24 16.95
10/10/202402004508 IMPERIAL SPRINKLERW1 SMART IRRIGATION CONTROLLERS44001004004388 0017074840 33,565.28
10/10/202402004509 KAREN & TONY BARONEW1 Purchase of Swirly Girl (Super44001004364650 C48220 17,700.00
10/10/202402004510 KELLAR EQUIPMENTW1 BROOM SWEEPER RENTAL43430001104310 4278 13,468.75
10/10/202402004511 LOWE'S HOME CENTERS INC.W1 GRAFFITI REMOVAL SUPPLIES43915021104310 975389-092524 131.50
10/10/202402004511 LOWE'S HOME CENTERS INC.W1 COMMUNITY GARDENS44001004004618 975384-092524 164.08
10/10/202402004512 LUA, ROSA MARIAW1 ESRI 7/10-14/23 R.LUA11501001100000 CLR ADV 7/6/23 -1,803.82
10/10/2024Report Date 7Page City and Housing
Docusign Envelope ID: BC63B4D2-E359-475F-9803-0B3D5D171DD3
33
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/10/2024 - 10/10/2024
City of Palm Desert
Account Number
10/10/202402004512 LUA, ROSA MARIAW1 SEI 7/15-29/23 R.LUA11501001100000 CLR MILE 7/29/23 -14.67
10/10/202402004512 LUA, ROSA MARIAW1 SEI 7/15-29/23 R.LUA11501001100000 CLR LDG 7/29/23 -278.00
10/10/202402004512 LUA, ROSA MARIAW1 SEI 7/15-29/23 R.LUA11501001100000 CLR PRDM 7/29/23 -1,000.50
10/10/202402004512 LUA, ROSA MARIAW1 SEI 7/15-29/23 R.LUA43121011104154 PRDM 7/29/23 1,000.50
10/10/202402004512 LUA, ROSA MARIAW1 SEI 7/15-29/23 R.LUA43121011104154 LDG 7/29/23 314.98
10/10/202402004512 LUA, ROSA MARIAW1 SEI 7/15-29/23 R.LUA43121011104154 CHCKD BAG7/29/23 60.00
10/10/202402004512 LUA, ROSA MARIAW1 SEI 7/15-29/23 R.LUA43121011104154 MILEAGE 7/29/23 14.67
10/10/202402004512 LUA, ROSA MARIAW1 ESRI 7/10-14/23 R.LUA43115001104470 MILE 7/14/23 159.82
10/10/202402004512 LUA, ROSA MARIAW1 ESRI 7/10-14/23 R.LUA43120001104470 PARK 7/14/23 120.00
10/10/202402004512 LUA, ROSA MARIAW1 ESRI 7/10-14/23 R.LUA43120001104470 PRDM 7/14/23 333.00
10/10/202402004512 LUA, ROSA MARIAW1 ESRI 7/10-14/23 R.LUA43120001104470 LDG 7/14/23 1,274.82
10/10/202402004513 MARGARET SULLIVAN STUDIOW1 Rem bal of exps on Inv. 5023143090001104159 50231A 877.27
10/10/202402004514 MARINA LANDSCAPE INCW1 RTNT P117085/C46310A20600004410000 152402-03-RTNT -99.00
10/10/202402004514 MARINA LANDSCAPE INCW1 RTNT P117085/C46310A20600004410000 152402-04-RTNT -102.00
10/10/202402004514 MARINA LANDSCAPE INCW1 DW Parking Lot Landscape Proje48092004414195 152402-03 1,980.00
10/10/202402004514 MARINA LANDSCAPE INCW1 DW Parking Lot Landscape Proje48092004414195 152402-04 2,040.00
10/10/202402004515 MILLER, MIRIAMW1 REIMB BUILD CALC - BLDRS BOOK43620001104420 320538 290.80
10/10/202402004516 MUDZIMU SCULPTURE GROUPW1 2025/26 El Paseo Sculpture44002004364650 MUDZIMUC47500E 4,000.00
10/10/202402004517 NANCE, MICHELLEW1 Reimburse: Golf Cart Parade43061011104416 105566 36.85
10/10/202402004517 NANCE, MICHELLEW1 Reimburse: Golf Cart Parade43061011104416 171250 23.48
10/10/202402004518 OZZIE'S INTERNATIONALW1 R/M CITY FLEET # 65 CITY OWNED43340001104331 36854 416.82
10/10/202402004519 PALM DESERT ACE HARDWAREW1 GRAFFITI REMOVAL SUPPLIES43915021104310 247490 193.89
10/10/202402004520 PALMER ELECTRICW1 R/M ELECT - PARKVIEW43696015104195 5941 377.73
10/10/202402004521 PENTA, RYLANDW1 Civic Academy - Staples43125001104417 RPENT REIM 10.7 51.71
10/10/202402004521 PENTA, RYLANDW1 Civic Academy - Casuelas Cafe43125001104417 RPENT REIM 10.7 525.28
10/10/202402004521 PENTA, RYLANDW1 Civic Academy - Albertsons43125001104417 RPENT REIM 10.7 45.98
10/10/202402004522 PROPER SOLUTIONS INC.W1 Full Time Temporary Employee43003001104111 16394 1,348.66
10/10/2024Report Date 8Page City and Housing
Docusign Envelope ID: BC63B4D2-E359-475F-9803-0B3D5D171DD3
34
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/10/2024 - 10/10/2024
City of Palm Desert
Account Number
10/10/202402004522 PROPER SOLUTIONS INC.W1 TEMP STAFF SERVICES - PW43003001104300 16368 1,401.20
10/10/202402004523 QUINN COMPANYW1 PM 5 GENERATOR SVCS - CY #37543310001104330 WOG00020280 1,800.00
10/10/202402004523 QUINN COMPANYW1 R/M GENERATORS - CY #37543310001104330 WOG00020611 744.18
10/10/202402004523 QUINN COMPANYW1 PM 5 GENERATOR SVCS - JOSLYN43310001104340 WOG00020279 1,350.00
10/10/202402004524 RANCHO MIRAGE CHAMBER OFW1 State of the City V Mager 202443125001104430 113074 95.00
10/10/202402004525 RAYMOND KATZW1 Artist honorarium for the 202544002004364650 GALLC47500M 4,000.00
10/10/202402004526 SERGIO SAMANIEGOW1 2024-09 BOOT REIMB - SS43915001104300 0924BOOTREIMB-SS 250.00
10/10/202402004527 SHAFFER, GARYW1 SHAFFER MIL. REIMB.43125002524662 122123 74.15
10/10/202402004528 SKYLINE SAFETY AND SUPPLYW1 300 AMERICAN FLAGS AND POLES42190001104310 8705 12,891.85
10/10/202402004529 SO CAL GASW1 73510 FW City Hall43512001104340 20092710001-SP24 43.43
10/10/202402004530 SOULE, THOMASW1 TS - Cal Travel Summit - Milea43115001104417 MILEAGE 9/12/24 124.62
10/10/202402004530 SOULE, THOMASW1 TS - CalTravel Summit - LDG43120001104417 LDG 9/9/24 1,129.23
10/10/202402004530 SOULE, THOMASW1 TS - Cal Travel Summit - REG43120001104417 REG 9/9/24 1,299.00
10/10/202402004530 SOULE, THOMASW1 TS - Cal Travel Summit - PDM43120001104417 PDM 9/9/24 259.00
10/10/202402004530 SOULE, THOMASW1 TS-CalTravel Summit - PKG43120001104417 PKG 9/9/24 45.00
10/10/202402004531 SOUTHERN CALIFORNIA EDISONW1 73510 FW PARKS43514001104611 700530811124SP24 1,494.36
10/10/202402004531 SOUTHERN CALIFORNIA EDISONW1 72573 1/2 Hwy 111 Entrada43514001104614 700822737068SE24 8.31
10/10/202402004531 SOUTHERN CALIFORNIA EDISONW1 72567 Highway 111 Artist Ctr43885001104800 700773993861SP24 5,368.85
10/10/202402004531 SOUTHERN CALIFORNIA EDISONW1 (3) Desert Mirage (38601 Cook)43510002734680 700017585033SP24 18.23
10/10/202402004531 SOUTHERN CALIFORNIA EDISONW1 (4) Primrose (75530 Hovley)43510002734682 700017585033SP24 14.30
10/10/202402004531 SOUTHERN CALIFORNIA EDISONW1 (21) Monterey Meadows (73100 H43510002754680 700017585033SP24 14.29
10/10/202402004531 SOUTHERN CALIFORNIA EDISONW1 (20) The Glen (40730 M)43510002754681 700017585033SP24 14.52
10/10/202402004531 SOUTHERN CALIFORNIA EDISONW1 (18) Hovley Estates (40962 C /43510002754682 700017585033SP24 31.98
10/10/202402004531 SOUTHERN CALIFORNIA EDISONW1 (19) Sonata I (40794)43510002754683 700017585033SP24 15.45
10/10/202402004531 SOUTHERN CALIFORNIA EDISONW1 (5) Sonata II (73500 Hovley)43510002754684 700017585033SP24 73.63
10/10/202402004531 SOUTHERN CALIFORNIA EDISONW1 (7) Hovley Collection (73145 H43510002754685 700017585033SP24 55.28
10/10/202402004531 SOUTHERN CALIFORNIA EDISONW1 (8) La Paloma I (40970 A/7362543510002754686 700017585033SP24 29.04
10/10/2024Report Date 9Page City and Housing
Docusign Envelope ID: BC63B4D2-E359-475F-9803-0B3D5D171DD3
35
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/10/2024 - 10/10/2024
City of Palm Desert
Account Number
10/10/202402004531 SOUTHERN CALIFORNIA EDISONW1 (10) La Paloma II (40970 Rosar43510002754687 700017585033SP24 14.52
10/10/202402004531 SOUTHERN CALIFORNIA EDISONW1 (14) La Paloma III (40741 Sola43510002754693 700017585033SP24 14.52
10/10/202402004531 SOUTHERN CALIFORNIA EDISONW1 (11) Sandpiper (40751 / 40972)43510002754694 700017585033SP24 29.04
10/10/202402004531 SOUTHERN CALIFORNIA EDISONW1 (12) Sandpiper West (40753 / 443510002754695 700017585033SP24 29.04
10/10/202402004531 SOUTHERN CALIFORNIA EDISONW1 (13) Hovley West (40762 Hov)43510002754696 700017585033SP24 16.63
10/10/202402004531 SOUTHERN CALIFORNIA EDISONW1 (1) Canyon Cove (Calliandra)43510002764374 700017585033SP24 16.40
10/10/202402004531 SOUTHERN CALIFORNIA EDISONW1 (22) Presidents Plaza E/W43514002774373 700017585033SP24 744.70
10/10/202402004531 SOUTHERN CALIFORNIA EDISONW1 (2) Vineyards (43430 Stony)43510002784374 700017585033SP24 14.29
10/10/202402004531 SOUTHERN CALIFORNIA EDISONW1 (6) The Grove (44225 Deep Cyn)43510002814374 700017585033SP24 15.69
10/10/202402004531 SOUTHERN CALIFORNIA EDISONW1 (15) Presidents Plaza III (73143514002824373 700017585033SP24 1,171.62
10/10/202402004531 SOUTHERN CALIFORNIA EDISONW1 (23) Presidents Plaza III (73143514002824373 700017585033SP24 330.39
10/10/202402004531 SOUTHERN CALIFORNIA EDISONW1 (17) Portola Place (44221)43510002834374 700017585033SP24 14.52
10/10/202402004531 SOUTHERN CALIFORNIA EDISONW1 (9) Kaufman/Broad (73502 FS)43510002854374 700017585033SP24 15.48
10/10/202402004531 SOUTHERN CALIFORNIA EDISONW1 (16) Palm Desert CC (77925 Sta43510002994374 700017585033SP24 22.19
10/10/202402004531 SOUTHERN CALIFORNIA EDISONW1 72559 Hwy 111 Unit A43698005104195 700044643888SP24 2,427.55
10/10/202402004531 SOUTHERN CALIFORNIA EDISONW1 Street Power PEDESTALS43514001104614 700019019320SP24 3,015.32
10/10/202402004532 SOUTHWEST AQUATICSW1 SP24 R/M LAGOON - CC PARK43320011104610 09-22361 4,114.00
10/10/202402004532 SOUTHWEST AQUATICSW1 R/M WATER FEATURE ENTRADA43921011104614 09-22361 1,030.00
10/10/202402004533 SOUTHWEST BOULDER & STONEW1 R/M STREETS - YARD43320001104310 673376 72.89
10/10/202402004533 SOUTHWEST BOULDER & STONEW1 R/M STREETS - PIEROS PIZZA43320001104310 674315 224.35
10/10/202402004533 SOUTHWEST BOULDER & STONEW1 R/M STREETS - PIEROS PIZZA43320001104310 674511 387.75
10/10/202402004534 SUNLINE TRANSIT AGENCYW1 AG24 MAINTENANCE BUS SHELTERS43320001104310 INV08149 7,853.40
10/10/202402004535 T-MOBILE USA INCW1 SEP24 VEHICLE GPS MONITORING43340001104331 978220384-34 1,633.40
10/10/202402004536 TOPS N BARRICADES INC.W1 R/M STREETS - RED PAINT42190001104310 1109420 951.56
10/10/202402004537 TPX COMMUNICATIONSW1 Internet/Phone Svcs SEPT2443650001104190 181799612-0 7,292.15
10/10/202402004538 TRIPEPI SMITH & ASSOCIATES INCW1 FY 24/25 Website Hosting Servi14301001100000 13109 4,930.83
10/10/202402004538 TRIPEPI SMITH & ASSOCIATES INCW1 FY 24/25 Website Hosting Servi43090001104114 13109 559.17
10/10/2024Report Date 10Page City and Housing
Docusign Envelope ID: BC63B4D2-E359-475F-9803-0B3D5D171DD3
36
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
10/10/2024 - 10/10/2024
City of Palm Desert
Account Number
10/10/202402004539 ULINE INCW1 Cap-Office Equipment44040002524662 182737348 270.15
10/10/202402004539 ULINE INCW1 Furniture44040002524662 182663169 1,216.27
10/10/202402004540 VADER, J. PATRICIAW1 Artist honorarium for the 202544002004364650 VADERC47500N 4,000.00
10/10/202402004541 VALLEY TRACTOR AND FORKLIFTW1 R/M VEHICLES FLEET SUPPLIES43340001104331 5101 854.39
10/10/202402004541 VALLEY TRACTOR AND FORKLIFTW1 R/M VEHICLES FLEET SUPPLIES43340001104331 5110 420.29
10/10/202402004542 VAN DERMYDEN MAKUS LAWW1 Investigative Services 3149843090001104154 31498 8,687.50
10/10/202402004543 VISIT GREATER PALM SPRINGSW1 FY 24/25 VGPS Q243220001104800 CI-000407 117,316.25
10/10/202402004544 WEBSTAURANT STORE INCW1 Trash/recycle receptacles for42190002364195 102796148 5,295.75
10/10/202402004545 WESTAFW1 Advertise Call for Artists43630004364650 C24-1801 60.00
10/10/202402004546 WHITE CAP LPW1 SAFETY GLASSES42190001104310 50028374092 174.61
10/10/202402004547 WITTMAN ENTERPRISES LLCW1 SEP24 EMS BILLING SERVICES43090002304220 24090547 14,496.00
10/10/202402004548 XEROX FINANCIAL SERVICESW1 LIBR XEROX LEASE 9/14-10/1343420002524662 6291473 424.07
10/10/202402004549 XPRESS GRAPHICSW1 Measure G - Postcards/Flyer43610001104417 24-64969 133.90
10/10/202402004549 XPRESS GRAPHICSW1 Printing / Duplicating43610002524662 24-64605 177.16
10/10/202402004549 XPRESS GRAPHICSW1 Printing / Duplicating43610002524662 24-64604 404.17
10/10/202402004549 XPRESS GRAPHICSW1 Printing / Duplicating43610002524662 24-64728 163.33
10/10/202402004549 XPRESS GRAPHICSW1 2025 Calendar Print and Distrb43091011104417 24-64760 11,471.50
10/10/202402004550 ZUMAR INDUSTRIES INC.W1 SIGNAGE42190001104310 9611 1,227.60
Examined and Approved Total For Bank ID - W1
926,231.48City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
10/10/2024Report Date 11Page City and Housing
Docusign Envelope ID: BC63B4D2-E359-475F-9803-0B3D5D171DD3
37
38
CITY OF PALM DESERT
CITY CLERK DEPARTMENT
INTEROFFICE MEMORANDUM
To:
From:
Date:
BUILDING AND SAFETY DIVISION AND PLANNING DIVISION
, CITY CLERK
Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY:
_____________________________________________________
A copy of the subject ABC License Application is attached for your review and
recommendation to the City Council or to another department(s) for further action. A
response is required. Please mark the appropriate response below and return to
my office by __________________________
Responding Department: __________________________ Date:_______________
Response:
No comment – okay to present to City Council.
Refer to ______________________________________ related comments
(attach additional sheets, if necessary): _________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Other – Additional comments (attach additional sheets, if necessary):
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
The Original Fish Taco, LLC (Rubio's Fresh Mexican Grill) Ste F-1, Palm Desert, CA 92260-3938
Monday, October 14, 2024.
October 7, 2024Building and Safety
October 7, 2024
39
CITY OF PALM DESERT
CITY CLERK DEPARTMENT
INTEROFFICE MEMORANDUM
To:
From:
Date:
BUILDING AND SAFETY DIVISION AND PLANNING DIVISION
, CITY CLERK
Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY:
_____________________________________________________
A copy of the subject ABC License Application is attached for your review and
recommendation to the City Council or to another department(s) for further action. A
response is required. Please mark the appropriate response below and return to
my office by __________________________
Responding Department: __________________________ Date:_______________
Response:
No comment – okay to present to City Council.
Refer to ______________________________________ related comments
(attach additional sheets, if necessary): _________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Other – Additional comments (attach additional sheets, if necessary):
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
The Original Fish Taco, LLC (Rubio's Fresh Mexican Grill) 73399 Hwy 111 Ste F-1, Palm Desert, CA 92260-3938
Monday, October 14, 2024.
October 7, 2024Development Services: Planning
October 7, 2024
40
41
42
Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: October 24, 2024
PREPARED BY: Michelle Nance, Deputy Clerk II
SUBJECT: ADOPTION OF ORDINANCE NO. 1417 AMENDING PALM DESERT
MUNICIPAL CODE CHAPTER 5.10, SHORT TERM RENTALS
RECOMMENDATION:
Adopt Ordinance No. 1417 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA UPDATING CHAPTER 5.10 SHORT -TERM RENTALS AND
MAKING A FINDING OF EXEMPTION UNDER CEQA.”
BACKGROUND/ANALYSIS:
On October 10, 2024, the City Council unanimously introduced Ordinance No. 1417 for first
reading. This report provides for the City Council to waive further reading and adopt the
ordinance. The ordinance shall be effective 30 days from adoption.
FINANCIAL IMPACT:
There is no direct financial impact with this action.
ATTACHMENTS:
Ordinance No. 1417
43
44
ORDINANCE NO. 1417
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA UPDATING CHAPTER 5.10
SHORT-TERM RENTALS AND MAKING A FINDING OF
EXEMPTION UNDER CEQA.
City Attorney’s Summary
The purpose of this ordinance is to amend Palm Desert Municipal Code
Chapter 5.10 Short-Term Rentals to update definitions and references, to
clarify the City’s short-term rental restrictions, and to phase out off -site
short-term rental permits in Hillside Planned Residential (HPR) zone.
THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Amendment to Municipal Code. The City Council hereby adopts the
updated Palm Desert Municipal Code Chapter 5.10 Short-Term Rentals, attached
hereto as Attachment “A.”
SECTION 2. CEQA Exemption. The City Council finds that the updated short-term
rental ordinance is exempt from the California Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines Section 15061(b)(3), known as the “common sense”
exemption. This determination is based on the clear assessment that there is no
possibility the ordinance may have a significant effect on the environment. The ordinance
primarily provides administrative clarifications regarding where short -term rentals are
permitted, focusing on specific residential zoning areas without expanding land use or
initiating new developments, thereby maintaining existing environmental baselines. It
ensures operational continuity for existing short-term rentals through defined phasing out
periods for specific permits, thereby preventing abrupt changes in land use intensity. The
adjustments are administrative in nature and do not involve any construction, physical
alterations, or increases in development intensity. The ordinance reaffirms current use
regulations and does not alter existing physical environmental conditions or promote
increased development, thus qualifying for the CEQA “common sense” exemption as it
bears no potential for significant environmental impact.
SECTION 3. Severability. If any section, subsection, sentence, clause, or phrase
of this ordinance is for any reason held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining portions of this ordinance. The Ci ty Council
hereby declares that it would have passed this ordinance, and each section, subsection,
sentence, clause and phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared invalid.
45
Ordinance No. 1417 Page 2
SECTION 4. Posting and Publication. The City Clerk of the City of Palm Desert,
California, is hereby directed to publish a summary of this Ordinance in the Desert Sun,
a newspaper of general circulation, published and circulated in the City of Palm Deser t,
California, and shall be in full force and effective thirty (30) days after its adoption.
ADOPTED ON ___________________, 2024.
KARINA QUINTANILLA
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. 1417 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Desert City Council on October 10, 2024, and adopted at a
regular meeting of the City Council held on __________, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on ____________________.
ANTHONY J. MEJIA
CITY CLERK
46
Ordinance No. 1417 Page 3
Chapter 5.10 SHORT-TERM RENTALS
5.10.010 Title.
This chapter shall be referred to as the “Short-Term Rental Ordinance.”
5.10.020 Purpose.
A. The purpose of this chapter is to regulate privately-owned residential
dwellings, including those managed by homeowners’ associations, used as short-term
rental units within the city. This chapter seeks to ensure the payment and collection
transient occupancy taxes (TOT) and tourism business improvement district (TBID)
assessments, while minimizing the potential negative effects of short-term rental units
on surrounding residential neighborhoods.
B. This chapter is not intended to allow any residential property owner to
violate any private conditions, covenants, and restrictions applicable to the owner’s
property that may prohibit the owner from using his or her property as a short -term
rental unit, as defined in this chapter.
C. The city reserves the right to change the regulations provided in this
chapter at any time, including discontinuing the issuance of short -term rental unit
permits, notwithstanding any impacts to existing or future short-term permit holders.
Anyone accepting a short-term rental unit permit pursuant to this chapter acknowled ges
and accepts that possibility.
5.10.030 Definitions.
For purposes of this chapter, the following words and phrases shall have the meaning
ascribed to them by this section:
“Accessory Dwelling Unit” has the same definition as provided in PDMC Section
25.99.020 Land Use Definitions.
“Actively operating” means a short-term rental that is rented out/occupied for a
total of more than eighteen (18) days per calendar year.
Attachment “A”
47
Ordinance No. 1417 Page 4
“Apartment” has the same definition as provided in PDMC Section 25.99.020
Land Use Definitions.
“Applicable laws, rules and regulations” means any laws, rules, regulations and
codes (whether local, state, or federal) pertaining to the use and occupancy of a
privately-owned dwelling unit as a short-term rental.
“Applicant” means a host or operator applying for a new or renewal short-term
rental permit.
“Bedroom” means a private habitable room other than a kitchen, bathroom or
living room intended for sleeping that is separated from other rooms by a door, having
at least one window that meets the Emergency Escape and Rescue Openings
requirements of the California Building Code, has a built-in closet/storage area, and is
accessible to a bathroom without crossing through another bedroom.
“Casita” means a detached or attached living quarters, not permitted or restricted
as an accessory dwelling unit or junior accessory dwelling unit, which occupies not
more than one-tenth of the area of the lot on which it is situated, and is designed for use
as a bedroom or office rather than an independent living facility and may have only
limited kitchen equipment.
“City manager” means the city manager of the city, or their designee.
“Good Neighbor Brochure” means a document prepared by the city, as may be
revised from time to time that summarizes the general rules of conduct, consideration
and respect pertaining to the use and occupancy of short-term rental units.
“Guest” means any person who rents, stays at, occupies, or visits the short-term
rental unit as a transient occupant. The term “guest” includes any overnight guest
and/or any daytime guest.
“Functioning Homeowners’ Association (HOA)” means governing board of a
common interest development, formed under the Davis Sterling Act (California Civil
Code Section 4100). A Functioning HOA is characterized by the following: there is a
common area owned by the association or owners of separate interests, a declaration
and final subdivision map have been recorded; each homeowner has been conveyed a
separate interest coupled with an interest in the common area or membership in the
association; the governing board is elected by the homeowners, and the association
includes all residential properties within the recorded subdivision map. Additionally, a
Functioning HOA actively governs property uses, enforces community rules, and is
responsible for the maintenance and management of the development beyond merely
overseeing landscaped areas.
“Host” means a property owner who occupies the property during the entire
period of the short term rental.
48
Ordinance No. 1417 Page 5
“Hosting Platform” means an individual or entity that facilitates short-term rental
bookings in exchange for a fee or other compensation, either directly or indirectly, by
conducting transactions through various means.
“Junior Accessory Dwelling Unit” has the same definition as provided in PDMC
Section 25.99.020 Land Use Definitions.
“On-site short-term rental” means a short-term rental at a host’s primary
residence where the host remains on the property and resides in a bedroom or casita
throughout the guest’s stay, except during daytime or work hours.
“Off-site short-term rental” means a short-term rental where there is no host and
the operator resides off -site during the guest’s stay.
“Operator” means an owner or a property manager who offers or manages a
dwelling unit, or portion thereof, as an off -site short-term rental unit.
“Owner” means any person or entity having fee-title ownership and/or appearing
on the last equalized assessment roll of Riverside County showing controlling interest of
the short-term rental unit.
“Primary Residence” means a person’s permanent residence or usual place of
return for housing, verified by at least two of the following: driver’s license; voter
registration; tax records listing the dwelling as the person’s home; or a utility bill.
“Property” means the actual single-family house or other residential dwelling unit,
including all of its improved real property, which is used as a short -term residential
rental.
“Responsible person” means a short-term rental unit guest who is at least twenty-
five years of age and who is legally responsible for ensuring that all guests of the short -
term rental unit and/or their daytime guests comply with all applicable laws, rules and
regulations pertaining to the use and occupancy of the subject short -term rental unit.
“Short-term rental permit” means a permit, with a permit number, issued by the
City to allow on-site or off-site short-term rentals.
“Short-term rental unit” means a privately-owned residential dwelling unit, or
portion thereof unless otherwise prohibited, including a casita, that is offered or provided
to a guest by an operator for twenty seven (27) consecutive nights or less. The term
“short-term rental unit” shall not include hotels, motels, inns, timeshares, or bed and
breakfasts.
“Transient” means any person who rents, stays at, or otherwise occupies a short-
term residential unit for a period of twenty-seven (27) consecutive nights or less.
49
Ordinance No. 1417 Page 6
“Transient occupancy registration permit” means a permit that allows the use of a
privately-owned residential dwelling as a short-term rental unit pursuant to the
provisions of Chapter 3.28, Transient Occupancy Tax, respectively.
“Transient occupancy tax” means the tax levied by the city in accordance with
Chapter 3.28 of the municipal code. This tax is levied upon individuals or businesses
engaged in the rental of sleeping accommodations to the public.
“Zone” has the same definition as provided in PDMC Section 25.99.020 Land
Use Definitions.
5.10.040 Authorized agent or representative – Off-site
Short-Term Rentals.
A. An owner shall designate an operator to act on the owner’s behalf to
ensure compliance with the requirements of this chapter.
B. Notwithstanding subsection A, the owner shall not be relieved from any
personal responsibility or personal liability for noncompliance with any applicable law,
rule or regulation pertaining to the use and occupancy of the subject short -term rental
unit, regardless of whether such noncompliance was committed by the owner or
operator or the guests of the owner’s short-term rental unit or their daytime guests.
5.10.050 Permit – Types Required.
C. Short-term Rental Permit Types. An owner ,host, or operator must obtain
one of the following short-term rental permit types to advertising, renting, or otherwise
operating any short-term rental unit, and shall be responsible for complying with all
requirements of this chapter:
1. On-site short-term rental permit. As a condition of the permit, the
host shall demonstrate regular occupancy, which may be by neighbor verification or
other means sufficient, in the discretion of city manager, to show regular and continuous
owner-occupancy prior to and during each rental period.
2. Off-site short-term rental permit.
D. Transient Occupancy Registration Permit. The permit type in subsection
A, when issued, shall also serve as the transient occupancy registration permit, as
provided in Section 3.28.060, if the applicant satisfies the requirements of this Chapter
and Chapter 3.28.
50
Ordinance No. 1417 Page 7
5.10.060 Short-term rental permit for all types—
Application and processing requirements.
E. The applicant must submit the following information on an application form
provided by the city:
1. The name, address, valid email address, and telephone number of
the owner of the subject short-term rental unit.
2. The name, address, valid email address, and telephone number of
the operator of the subject short-term rental unit.
3. The address of the proposed short-term rental unit.
4. The number of bedrooms and the applicable overnight and daytime
occupancy limit of the proposed short-term rental unit.
5. Acknowledgement of receipt and inspection of a copy of the Good
Neighbor Brochure.
6. Other information the city manager deems reasonably necessary to
administer this chapter.
F. A short-term rental permit will not be granted for properties that do not
qualify under Section 5.10.070.
G. A short-term rental permit application shall be accompanied by payment of
an application processing fee established by resolution of the city council.
H. Within thirty days of a change of property ownership, the new owner shall
submit an application and requisite application fee for a new short-term rental permit, if
continued short-term rental is desired, which permit must be obtained prior to continuing
to rent the subject unit as a short-term rental unit.
I. A short-term rental permit shall not be issued or renewed if there are
unresolved city code compliance cases, outstanding city fines or fees, or city liens on
the property.
J. A short-term rental permit must be renewed annually to remain valid.
Failure to renew a short-term rental permit within thirty calendar days of the expiration
date will result in the short-term rental permit being terminated.
K. Short-term rental permit renewals are subject to any intervening changes
in this Chapter 5.10 and renewal shall be denied if the short-term rental no longer
51
Ordinance No. 1417 Page 8
qualifies under the requirements of this chapter, unless specifically exempted therefrom.
A short-term rental permit shall not be renewed if the unit has not been actively
operating in the prior calendar year. A host or operator that is denied a renewal for
failure to actively operate may apply for a new short-term rental permit, if otherwise
qualified under this chapter.
H. The city may conduct an inspection of the short-term rental unit prior to
issuing any new or renewal permit.
I. A short-term rental permit application may be denied if the applicant has
had a prior short-term rental permit suspended or revoked.
J. Within thirty (30) days of any change in information previously provided as
part of a new or renewal short-term rental permit application, the host or operator shall
provide city written notice of such change in information. This includes, but is not limited
to, change in operator, change in contact information, or any other change in material
facts pertaining to the information contained in the previously submitted short-term
rental permit application.
5.10.070 Short-term rental permit—permitted zones
and prohibited unit types.
K. On-Site Short-term Rentals
1. Permitted Residential Zones
a. Estate Residential District (RE)
b. Single-Family/Mobile Home Residential District (R-1M)
c. Single-Family Residential District (R-1)
d. Single-Family Residential District (R-2)
e. Multifamily Residential District (R-3)
f. Hillside Planned Residential District (HPR), except when
governed by a Functioning HOA and the owner is prohibited
under the current Declaration of Covenants, Conditions, and
Restrictions (CC&Rs) of the Functioning HOA to operate a
short-term rental or prohibited by State law.
g. Planned Residential District (PR), except when governed by
a Functioning HOA and the owner is prohibited under the
52
Ordinance No. 1417 Page 9
current Declaration of Covenants, Conditions and
Restrictions (CC&Rs) of the Functioning HOA to operate a
short-term rental or prohibited under State law.
h. Downtown Edge Transition Overlay (DEO)
i. Downtown Edge District (DE)
j. Downtown (D)
2. Prohibited Unit Types in all zones:
a. Apartments
b. Accessory dwelling units
c. Junior accessory dwelling units
d. Units with one bedroom or less
L. Off-Site Short-term Rentals
1. Permitted Residential Zones
a. Estate Residential District (RE)
b. Multifamily Residential District (R-3)
c. Hillside Planned Residential District (HPR), if governed by a
Functioning HOA and the owner is permitted under state law
or the current Declaration of Covenants, Conditions, and
Restrictions (CC&Rs) of the Functioning HOA to operate a
short-term rental.
d. Planned Residential District (PR), if governed by a
Functioning HOA and the owner is permitted under state law
or the current Declaration of Covenants, Conditions, and
Restrictions (CC&Rs) of the Functioning HOA to operate a
short-term rental.
e. Downtown Edge Transition Overlay (DEO)
f. Downtown Edge District (DE)
g. Downtown (D)
2. Prohibited Unit Types in all zones:
53
Ordinance No. 1417 Page 10
a. Apartments
b. Accessory dwelling units
c. Junior accessory dwelling units
5.10.080 Off-site short-term rentals prohibited in HPR
zone.
M. A new off-site short-term rental permit within the HPR zone will not be
issued.
N. Existing off-site short-term rental permits in the HPR zone may be
renewed if otherwise qualified, but all such off-site short-term rental permits shall
terminate, and such uses permanently cease operation, by December 31, 2026.
O. If an existing off-site short-term rental permit is revoked pursuant to this
chapter, and the short-term rental unit is located in the HPR zone, then a new permit will
not be issued.
5.10.090 Operational requirements for all types of
short-term rental permits.
P. While a short-term rental unit is rented, the host or operator shall be
available twenty-four hours a day, seven days a week for the purpose of responding
within thirty minutes to complaints regarding the condition, operation, or conduct of
guests of the short-term rental unit.
Q. Upon notification that the responsible person and/or any guest of the
short-term rental unit has created unreasonable noise or disturbances, engaged in
disorderly conduct, or committed violations of any applicable law, rule or regula tion
pertaining to the use and occupancy of the subject short-term rental unit, the host or
operator shall promptly respond within thirty minutes in an appropriate manner to
immediately halt or prevent a recurrence of such conduct by the responsible person
and/or any guests. Failure of the host or operator to respond to calls or complaints
regarding the condition, operation, or conduct of guests of the short-term rental unit
within thirty minutes and in an appropriate manner shall render the host or operator
subject to all administrative, legal and equitable remedies available to the city, up to and
including short-term rental permit revocation.
R. The host or operator shall post the current short-term rental permit number
on, or in, any advertisement appearing in any newspaper, magazine, brochure,
54
Ordinance No. 1417 Page 11
television trade paper, Internet website, etc., that promotes the availability or existence
of a short-term rental unit in a place or location deemed acceptable by the city manager.
In the instance of audio only advertising of the same, the short-term rental permit
number shall be read as part of any advertising. The following shall be clearly identified
in any advertisement: (1) the maximum overnight occupancy of the short-term rental
unit; (2) requirements for compliance with the city’s noise standards and regulations;
and (3) a statement that the short-term rental unit guests shall respect the neighbors’
privacy and enjoyment of their property.
S. The host or operator shall use reasonably prudent business practices to
ensure that the guests of the short-term rental unit do not create unreasonable noise in
violation of Palm Desert Municipal Code (PDMC) Chapter 9.24, Noise Control or
disturbances, engage in disorderly conduct, or violate any applicable law, rule or
regulation pertaining to the use and occupancy of the subject short-term rental unit. The
short-term rental unit shall be used in a manner that complies with all applicable laws,
rules and regulations pertaining to the use and occupancy of the subject short-term
rental unit, including Chapter 3.28 (Transient Occupancy Tax).
T. Guests of the short-term rental unit shall comply with all standards and
regulations of the PDMC, including and especially Chapter 9.24, Noise Control, and
Chapter 9.25, Multiple Responses to Loud or Unruly Parties, Gatherings or Other
Similar Events.
U. The minimum duration of a short-term rental unit is three days, two nights.
Less than three-day, two-night rentals or leases are prohibited.
V. The maximum number of overnight guests for a short-term rental unit shall
not exceed two persons per bedroom. Additional daytime guests are allowed between
the hours of seven a.m. and ten p.m., with t he additional maximum daytime guests not
to exceed two persons per bedroom with a maximum of twenty guests allowed for five
bedrooms or more. If the property is an on-site short-term rental, the host shall be
deemed to occupy at least one bedroom, which sh all reduce the number of bedrooms
available for overnight guests and reduce the total number of daytime guests permitted.
The following table illustrates the maximum number of overnight guests and daytime
guests permitted for an off-site short-term rental:
Number of Bedrooms Total of Overnight Guests Total Daytime Guests (Including Number of Overnight
Guests)
1 2 4
2 4 8
3 6 12
4 8 16
5 10 20
6 12 20
7 14 20
55
Ordinance No. 1417 Page 12
W. A short-term rental unit shall not change the residential character of the
outside appearance of the residence, either by the use of colors, materials, lighting, or
any advertising mechanism.
X. No property use shall cross over any property line.
Y. All parking associated with a short-term rental unit shall be entirely on-site,
in the garage, carport, and driveway or otherwise off of the public street.
Z. The city manager shall have the authority to impose additional conditions
on the use of any given short-term rental unit to ensure that any potential secondary
effects unique to the subject short-term rental unit are avoided or adequately mitigated.
AA. Trash and refuse shall not be left stored within public view, except in
proper containers for the purpose of collection by the city’s authorized waste hauler, and
only on scheduled trash collection days. The host or operator shall use reasonably
prudent business practices to ensure compliance with all the provisions of
Chapter 8.16 (Solid Waste) of the PDMC.
BB. Unless otherwise provided in this chapter, the host or operator shall
comply with all provisions of Chapter 3.28 of the PDMC concerning TOT, including, but
not limited to, submission of a monthly TOT return in accordance with
Section 3.28.070 of Chapter 3.28 of the PDMC, which shall be filed monthly even if the
short-term rental unit was not rented during each such month.
CC. Transient occupancy taxes shall be collected on all short-term rentals
pursuant to PDMC Chapter 3.28 (Transient Occupancy Tax). If a hosting platform does
not collect payment for the rental, hosts or operators are solely responsible for the
collection of all applicable TOT and remittance of the collected tax to the City in
accordance with Chapter 3.28 (Transient Occupancy Tax). Upon compliance with the
Greater Palm Springs Tourism Business Improvement District (TBID) authorized by the
California Streets and Highways Code Section 36600 et seq., the host or operator shall
also be responsible for collection and remittance of all TBID assessments to the City.
DD. The City will post the short-term rental unit information on the City’s
website for the public to access.
EE. A short-term rental unit may not be operated as any other commercial
home-based business.
FF. If the dwelling unit used as a short-term rental unit is subject to the rules of
a homeowners’ or condominium association, short-term rental activity must comply with
those rules, and this chapter shall not be inferred to grant any permission that
invalidates or supersedes any provisions of those homeowners’ or condominium
associations.
56
Ordinance No. 1417 Page 13
GG. The host or operator shall authorize all hosting platform(s) on which their
STR(s) is listed to provide to the City with the host’s or operator’s listing and other
information to demonstrate compliance with all provisions of this chapter.
5.10.100 Procedures for hosts, operators and guests.
Prior to occupancy of a short-term rental unit, the host or operator shall:
HH. Meet and greet the responsible person on-site or virtually and obtain their
name, address, and a copy of a valid government identification.
II. Provide the responsible person a copy of the Good Neighbor Brochure.
JJ. Provide the responsible person information about the city’s short-term
rental regulations.
KK. Require the responsible person to execute a formal acknowledgement in a
form acceptable to the city stating that he or she is legally responsible for ensuring that
all short-term rental unit guests maintain compliance with all applicable laws, rules and
regulations pertaining to the use and occupancy of the short-term rental unit. This
information shall be maintained by the host or operator for a period of three years and
be made readily available upon request of any officer of the city responsible for the
enforcement of any provision of the PDMC or any other applicable law, rule or
regulation pertaining to the use and occupancy of the short-term rental unit.
LL. Provide the responsible person with the host or operator’s twenty-four-
hour availability information.
MM. Provide the responsible person a copy of the maximum number of
overnight guests and the maximum number of daytime guests as permitted pursuant to
the chapter.
NN. Post a copy of the short-term rental permit and a copy of the Good
Neighbor Brochure in a conspicuous place within the short-term rental unit.
OO. Provide the responsible person a copy of trash pickup day and applicable
rules and regulations pertaining to leaving or storing trash on the exterior of the
property.
PP. Provide the responsible person a copy of the PDMC, Chapter 9.24, Noise
Control, and Chapter 9.25, Multiple Responses to Loud or Unruly Parties, Gatherings or
Other Similar Events.
57
Ordinance No. 1417 Page 14
QQ. Explain to the responsible person that the guests and owner may be cited
or fined by the city in accordance with this chapter and/or Chapter 9.24, Noise Control,
and Chapter 9.25, Multiple Responses to Loud or Unruly Parties, Gatherings or Other
Similar Events.
RR. Provide written notice that no radio receiver, musical instrument,
phonograph, compact disk player, loudspeaker, karaoke machine, sound amplifier, or
any machine, device or equipment that produces or reproduces any sound shall be
used outside or be audible from beyond the property boundaries of any short -term
rental unit between the hours of ten p.m. and ten a.m.
5.10.110 Recordkeeping duties.
The host or operator shall maintain for a period of three years, records in such form
as the tax administrator (as defined in, and required by, Chapter 3.28) may require to
determine the amount of TOTs or TBID assessments owed to the city. The city manager
shall have the right to inspect such records at all reasonable times. Such records shall
be maintained at the host’s or operator’s premises or shall be available for delivery to
the tax administrator within one week after request, which may be subject to the
subpoena pursuant to Section 3.28.110.
5.10.120 Violations.
SS. Additional Conditions. A violation of any provision of this chapter by any of
the guests, owner(s) or the operator shall authorize the city manager to impose
additional conditions on the use of any given short-term rental unit to ensure that any
potential additional violations are avoided.
TT. Permit Modification, Suspension and Revocation. A violation of any
provision of this chapter by any of the guests, owner(s) or the operator shall constitute
grounds for modification, suspension and/or revocation of the short-term rental permit
and/or any affiliated licenses or permits pursuant to the provisions set forth in this
chapter.
1. Whenever any host or operator fails to comply with any provision of
this chapter, the city manager upon hearing, after giving the host or operator and/or
owner ten days’ notice in writing specifying the time and place of hearing and requiring
him or her to show cause why the short-term rental permit should not be revoked, may
modify, suspend or revoke the permit held by the host or operator.
2. The city manager shall give the host or operator written notice of
the modification, suspension or revocation of the permit. The notices required in this
section may be served personally or by mail.
58
Ordinance No. 1417 Page 15
3. The city manager shall not issue a new short-term rental permit
after the revocation of a permit unless he or she is satisfied that the former holder of the
permit will comply with the provisions of this chapter and the short term rental unit
complies with Section 5.10.070. During the period of time while such a permit is
suspended, revoked or otherwise not validly in effect, the use of the dwelling as a short-
term rental unit is prohibited.
UU. Notice of Violation. The city may issue a notice of violation to any guest,
host, or operator, pursuant to this chapter, if there is any violation of this chapter
committed, caused or maintained by any of the above parties.
VV. Administrative Citation. The city may issue an administrative citation to the
property owner(s) pursuant to Chapter 8.81 (Administrative Citations) of the municipal
code if there is any violation of this chapter committed, caused or maintained. Nothing in
this section shall preclude the city from also issuing an infraction citation upon the
occurrence of the same offense on the same day to any guests, host(s) or the operator.
Unless otherwise provided herein, any person issued an administrative citation pursuant
to this chapter shall for each separate violation be subject to: (1) an administrative fine
in an amount not to exceed one thousand dollars for the first citation; (2) an
administrative fine in an amount not to exceed three thousand dollars for a second
citation issued for the same offense within a twelve-month period of the date of the first
offense; and (3) a fine in an amount not to exceed five thousand dollars and an
immediate revocation of the short-term rental permit for a period of two years for the
third citation within a twelve-month period of the date of the first offense.
WW. Notwithstanding the above, operating a short-term rental unit without a
validly issued short-term rental permit shall be subject to a fine in an amount of five
thousand dollars for the first citation and each additional citation, and the city has the
right to refuse the issuance of any new or renewed short-term rental permit for the cited
property and/or to the cited host or operator anywhere else within the city.
XX. Infraction. The city may issue an infraction citation to any guest, host or
operator, pursuant to the provisions set forth in Chapter 1.08, Citations for Code
Violations, including, but not limited to, the imposition of any and all criminal penalties
set forth therein if there is any violation of this chapter committed, caused or maintained
by any of the above parties. Unless otherwise provided herein, any person convicted of
an infraction shall, for each separate violation of this chapter be subject to: (1) a fine in
an amount not to exceed one thousand dollars for a first conviction of an offens e; (2) a
fine in an amount not to exceed three thousand dollars for a second conviction of the
same offense within a twelve-month period of the date of the first offense; and (3) a fine
in an amount not to exceed five thousand dollars for the third conviction of the same
offense within a twelve-month period of the date of the first offense.
59
Ordinance No. 1417 Page 16
YY. Public Nuisance. It shall be a public nuisance for any person to commit,
cause or maintain a violation of this chapter, which shall be subject to the provisions of
Chapter 9.24, Noise Control, and Chapter 9.25, Multiple Responses to Loud or Unruly
Parties, Gatherings or Other Similar Events.
60
From:Anthony Mejia
To:Michelle Nance
Subject:FW: Concern about STR Ordinance Changes on 10/10/24 City Council Agenda
Date:Friday, October 11, 2024 12:06:53 PM
Attachments:pdlogo aeb5f777-9f3d-40d4-9b90-9e3c0c146f24.png
emailsignature2024_50d41331-3e8d-4bf3-8f3e-be06df544be4.png
Importance:High
For second reading staff report, please include this email as an attachment.
Anthony Mejia
City Clerk
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
amejia@palmdesert.gov | 760.776.6304 | www.palmdesert.gov
From: Richard Cannone <rcannone@palmdesert.gov>
Sent: Friday, October 11, 2024 12:05 PM
To: Anthony Mejia <amejia@palmdesert.gov>
Cc: Todd Hileman <thileman@palmdesert.gov>
Subject: FW: Concern about STR Ordinance Changes on 10/10/24 City Council Agenda
Anthony, see below. Can we include this email as a public comment/backup item for the second
reading, confirming what I stated to Councilmember Harnik last night?
Richard D. Cannone, AICP
Director of Development Services
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rcannone@palmdesert.gov | 760.776.6438 | www.palmdesert.gov
From: William Choplin
Sent: Friday, October 11, 2024 12:01 PM
To: Richard Cannone <rcannone@palmdesert.gov>
Subject: Re: Concern about STR Ordinance Changes on 10/10/24 City Council Agenda
Mr. Cannone,
Thank you for the follow up. The permitted zone language for off-site PR is easy to understand. William Choplin
61
On Oct 11, 2024, at 8:15 AM, Richard Cannone <rcannone@palmdesert.gov> wrote:
Mr.Choplin, good morning. Attached are the updated STR regulations that the City Council
approved last night at the first reading/public hearing.
Thank you again for reaching out.
Best regards,
Richard
<pdlogo_aeb5f777-
9f3d-40d4-9b90-
9e3c0c146f24.png>
Richard D. Cannone, AICP
Director of Development Services
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rcannone@palmdesert.gov | 760.776.6438 | www.palmdesert.gov
From: William Choplin
Sent: Thursday, October 10, 2024 3:57 PM
To: Richard Cannone <rcannone@palmdesert.gov>
Subject: Re: Concern about STR Ordinance Changes on 10/10/24 City Council Agenda
Mr. Cannone,
Thank you for all your effort to keep me informed about your progress. Your prompt response is very much
appreciated.
Have a good evening,
William
On Oct 10, 2024, at 2:58 PM, Richard Cannone <rcannone@palmdesert.gov> wrote:
Mr. Choplin:
I just left you a voicemail. We are revising the language so that it is clear, that to
have an off-site STR you must be in a Functioning HOA that allows them.
The reason we have “units with one bedroom or less” is included as prohibited,
is because the owner must stay on site and the guest must sleep in a bedroom.
Individuals with a one-bedroom or studio could use their unit as an off-site STR
since they won’t be staying at the property.
Richard D. Cannone, AICP
62
<pdlogo_aeb5f777-
9f3d-40d4-9b90-
9e3c0c146f24.png>
Director of Development Services
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rcannone@palmdesert.gov | 760.776.6438 | www.palmdesert.gov
From: William Choplin
Sent: Thursday, October 10, 2024 1:52 PM
To: Richard Cannone <rcannone@palmdesert.gov>
Cc: Anthony Mejia <amejia@palmdesert.gov>
Subject: Re: Concern about STR Ordinance Changes on 10/10/24 City Council Agenda
Mr. Cannone,
Thank you for your voicemail and email reply to my questions.
My main concern was verifying that off-site STRs in the PR zone are only permitted with the
approval by an HOA. Same as the current STR ordinance.
My initial concern resulted from the proposed language "Not within an HOA”. It seems this
language could be interpreted as allowing an STR in residential neighborhoods without an HOA.
Lorena explained that the language is intended to allow an on-site STR without an HOA. Since it
is also under the off-site STR paragraph, it confused me. Not within an HOA may need some
clarification in the off-site language. The bullets in the off-site paragraph listing the permitted
zones is the same as the on-site list except for R1, R2 & R3. In the on-site paragraph Not within an
HOA means the property owner can get a permit for a single family home in the PR zone. Since it
reads exactly the same in the off-site paragraph, I interpreted it to have the same meaning allowing
a permit for a single family home. The language in the current STR ordinance regarding the PR
zone is more straightforward and easy to understand. It seems to me that it says the same thing.
The only other difference between the on-site and off-site paragraphs is under Prohibited Units
“Units with one bedroom or less” is included in on-site but not included in off-site.
The STR agenda item for today recommends a public hearing on this ordinance proposal. Will that
be decided at the council meeting tonight?
Thanks again for your time,
William Choplin
On Oct 10, 2024, at 12:27 PM, Richard Cannone <rcannone@palmdesert.gov>
wrote:
Mr. Choplin:
I just left you a voicemail, but also wanted to respond to your
questions below.
Currently, STRs are permitted in single-family homes in the PR zone
in the following instances:
1. It is an on-site STR, meaning the owner rents a bedroom or
63
casita while the owner remains on-site; see PDMC Section
5.10.070, “The city shall prohibit the issuance of new short-
term rental permits within the R-1 and R-2 zones, and the PR
zones under certain circumstances as described
below. These requirements do not apply to on-site owner
short-term rental permits.”
2. An off-site STR is permitted provided they have HOA
approval; see PDMC Section 5.10.070(C), “A new short-term
rental permit within the PR zones will not be issued unless
issuance of the permit is approved in writing by the
homeowners' association having jurisdiction over the
property.”
The proposed code update would still allow the two instances
above, however, for an off-site STR to be allowed it must be
governed by a Functioning HOA (see lines 51-61). An HOA that was
established solely for landscape maintenance, would not meet the
definition of a Functioning HOA and thereby would be prohibited
from having an off-site STR.
I hope that addresses your concern, but please do not hesitate to
reach me by telephone or email.
Best regards,
Richard
<pdlogosmall_72e0e3f9-
a775-4c5b-a732-
3c364ad37d3c.jpg>
Richard D. Cannone, AICP
Director of Development Services
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rcannone@palmdesert.gov | 760.776.6438 | www.palmdesert.gov
<emailsignature2024_50d41331-3e8d-4bf3-8f3e-
be06df544be4.png>
From: William Choplin
Sent: Wednesday, October 9, 2024 5:11 PM
To: Kevin Swartz <kswartz@palmdesert.gov>; Information Mail
<info@palmdesert.gov>
Subject: Concern about STR Ordinance Changes on 10/10/24 City
Council Agenda
Kevin,
I was reviewing the City Council agenda for 10/10/24 and noticed that changes to
64
the STR ordinance are being considered. You may recall I was involved in the
changes to the STR ordinance in 2020 that restricted STRs in the PR zone to HOAs
that permitted STRs. STRs in neighborhoods with single family homes were not
permitted.
I’m concerned about the description I copied from the agenda about Off-Site STRs.
Under the Permitted Residential Zones it describes the Planned Residential District
zone allows STRs
(i) Not within and HOA
(ii) Not within a Functioning HOA or
(iii) Within a Functioning HOA…
The new language seems to allow STRs in all types of housing except those
designated under Prohibited Unit Types in all zones. If the ordinance changes are
approved by the City Council, will STRs be allowed again in the single family
homes in the PR zone?
Thank you,
William Choplin
40669 Diamondback Dr
Palm Desert
Off-Site Short-term Rentals
1.
Permitted Residential Zones
a. b. c. d.
Estate Residential District (RE)
Single-Family/Mobile Home Residential District (R-1M)
Multifamily Residential District (R-3)
Planned Residential District (PR), where the short term rental unit is:
(i) Not within an HOA;
(ii) (iii)
Not within a Functioning HOA; or
Within a Functioning HOA and the owner is permitted under state law
or the current Declaration of Covenants, Conditions, and Restrictions
(CC&Rs) of the Functioning HOA to operate a short-term rental.
Prohibited Unit Types in all zones:
1. Apartments
2. Accessory dwelling units
3. Junior accessory dwelling units
Downtown Edge Transition Overlay (DEO) Downtown Edge District
(DE)
65
Downtown (D)
228. 228 5.10.080 Off-site short-term
rentals prohibited in HPR
229. 229 zone.
<Attachment to Short Term Rental Update Ordinance UPDATED.pdf>
66
Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: October 24, 2024
PREPARED BY: Michelle Nance, Deputy Clerk II
SUBJECT: ADOPTION OF ORDINANCE NO. 1418 ADDING CHAPTER 12.36 TO
TITLE 12 OF THE PALM DESERT MUNICIPAL CODE ESTABLISHING
PUBLIC RIGHT-OF-WAY VACATION PROCEDURES
RECOMMENDATION:
Adopt Ordinance No. 1418 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 12.36 TO THE PALM DESERT
MUNICIPAL CODE REGARDING PUBLIC RIGHT-OF-WAY VACATION PROCEDURES AND
MAKING FINDINGS UNDER CEQA.”
BACKGROUND/ANALYSIS:
On October 10, 2024, the City Council unanimously introduced Ordinance No. 1418 for first
reading. This report provides for the City Council to waive further reading and adopt the
ordinance. The ordinance shall be effective 30 days from adoption.
FINANCIAL IMPACT:
There is no direct financial impact with this action.
ATTACHMENTS:
Ordinance No. 1418
67
68
ORDINANCE NO. 1418
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ADDING CHAPTER 12.36 TO THE PALM
DESERT MUNICIPAL CODE REGARDING PUBLIC RIGHT -OF-WAY
VACATION PROCEDURES AND MAKING FINDINGS UNDER CEQA
WHEREAS, the vacation of public streets, highways, and public services
easements are generally governed by Division 9, Part 3 of the California Streets and
Highways Code (Sections 8300-8363); and
WHEREAS, the City of Palm Desert desires to establish local laws and procedures
for the vacation of public streets, highways, and public service easements to augment the
general provisions of the California Streets and Highways Code; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 10th
day of October 2024, hold a duly noticed public hearing to consider the Ordinance; and
WHEREAS, at the said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, the City Council did
find the following facts and reasons, which are outlined in the staff report, exist to justify
approval of said request:
THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. Addition to Municipal Code. Chapter 12.36 Procedures for Vacating
City Rights-of-Way or Portions Thereof is added to the Palm Desert Municipal Code to
read as follows:
“Chapter 12.36 PROCEDURES FOR VACATING CITY RIGHTS-OF-WAY OR
PORTIONS THEREOF
12.36.010 Statement of policy on right-of-way vacations.
The City of Palm Desert favors limited, conditional, private use of public right -of-
way property through the encroachment permit process set forth in Chapter 12.04 of this
Code and other City laws over the outright vacation of the City’s legal interest in such
property. Further, the public use of pedestrian stairway and pathway rights -of-way shall
be respected in considering requests for vacation. In certain situations, public right -of-
way vacation may be appropriate pursuant to the provisions of this Chapter.
12.36.020 Definitions
“Adoption” of a resolution includes passage or enactment of a resolution.
“City” means the City of Palm Desert.
69
Ordinance No. 1418 Page 2
“City Council” means the City Council of the City.
“City Clerk” means the City Clerk of the City.
“City Engineer” means the City Engineer or their designee.
“Director” means the Director of Development Services or their designee.
“Interested person” means the owner(s), or their authorized representative(s), of a
parcel or parcels which is/are contiguous to the part of the public right-of-way sought to
be vacated.
“Planning Commission” means the Planning Commission of the City.
“Public Body” means a city or special district as defined in Section 54775 of the
Government Code.
“Public service easement” includes all or part of, or any right in:
(a) A right-of-way, easement, or use restriction acquired for public use by
dedication or otherwise for sewers, pipelines, pole lines, electrical transmission and
communication lines, pathways, storm drains, drainage, canal, water tra nsmission lines,
light and air, and other limited use public easements other than for street or highway
purposes.
(b) An easement or right of a type described in Section 8340.
“Public utility” means a public utility as defined in Section 216 of the Public Utilities
Code.
“Street” and “highway” includes all or part of, or any right in, a state highway or
other public highway, road, street, avenue, alley, lane, driveway, place, court, trail, or
other public right-of-way or easement, or purported public street or highway, and rights
connected therewith, including, but not limited to, restrictions of access or abutters’ rights,
sloping easements, or other incidents to a street or highway.
“Vacation” means the termination of the public interest in a right -of-way (opened
or unopened), and the extinguishment of the easement for public travel that is
represented by the right-of-way.
12.36.030 Application
A. Any interested person desiring to have a public street, highway, or
public service easement vacated shall submit an application to the Director on
forms provided by the City.
B. Each application shall include the following information:
70
Ordinance No. 1418 Page 3
1. A general and legal description of the right-of-way, or
portion thereof, proposed to be vacated together with a map or plan which
illustrates the extent of the vacation in relation to the right -of-way, public
service easements, if any, and the contiguous properties.
2. An independent, written title report to determine
ownership interests in the right-of-way, or portion thereof, proposed to be
vacated, and the contiguous property or properties. The title report shall be
issued by a title insurance company licensed and admitted to conduct
business by the State of California.
3. A statement describing how the right-of-way sought to
be vacated is unnecessary for present or prospective public use.
4. A deposit of the fee required pursuant to Section
12.36.030.
5. All additional information or documentation as
required by the Director.
C. If applicable, a statement and any accompanying documentary proof
that the request for vacation is prompted by error, safety, or hardship as described
in Section 12.36.060 and is eligible for expedited review under that section.
12.36.030 Fee required.
A processing fee representing the estimated reasonable City costs to process the
application shall be deposited with the City in order for the application to be complete.
The fee amount shall be established by City Council resolution.
12.36.040 Acceptance of application – Planning Commission review.
The Director, the City Engineer, and other staff shall review the application for
completeness. The City shall seek input from the holders of any public service easements
to determine if there are any adverse effects of the requested vacation upon these public
service easements and the City may make changes or conditions to the requested
vacation accordingly. Environmental inspections and/or review, if required, shall be
conducted. Once the application is determined complete by City staff, it shall be submitted
to the City Clerk. The City Clerk shall set the matter for consideration by the Planning
Commission solely to determine if the location, purpose and extent of the vacation
conforms with the City’s General Plan under Government Code Section 65402. The date
the Planning Commission renders its determination shall initiate the proceedings for
purposes of taking the vacation request to the City Council. At the Director’s discretion,
the City may combine several vacation applications and present them to the Planning
Commission or City Council in the same proceeding. At the conclusion of the Planning
Commission proceedings, the City Clerk shall set the City Council public hearing date
and follow the procedures set forth in Section 12.36.070 and Sections 8322 and 8323 of
the California Streets and Highways Code.
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Ordinance No. 1418 Page 4
12.36.050 Appraisal required.
Unless exempt pursuant to Section 12.36.060, an independent, written appraisal
to determine the value of the right-of-way, or portion thereof, proposed to be vacated shall
be obtained by the City prior to consideration of the request to vacate by the City Council.
The right-of-way shall be valued at the same unit value of the contiguous property or
properties for its highest and best use as if both the right -of-way to be vacated and the
contiguous property or properties are vacant. That is, the appraisal shall consider the
value of the right-of-way to be vacated irrespective of the existence of any improvements
or structures. The applicant shall bear the cost of the appraisal. The City may combine
several vacation applications in order to reduce and distribute the appraisal cost among
several applicants.
12.36.060 Expedited review in instances of error, safety or hardship.
Expedited review of vacation applications means the application, once complete,
proceeds directly to the Planning Commission under Section 12.36.040 and is exempt
from the appraisal requirement under Section 12.36.050.
In order to qualify for expedited review, the application must demonstrate to the
satisfaction of the City Engineer that one or more of the following conditions exists:
A. An error exists in title to the right-of-way proposed for vacation. An
“error” is defined as a mistake in the legal description of the right -of-way, in the
chain of title to the right-of-way, or in the property boundaries of the right-of-way,
for example, by conflicts between metes and bounds descriptions, physical
monuments, recorded maps or deeds or other recorded instruments. The error
may be shown by a survey prepared at the sole cost of the applicant by a surveyor
licensed by the State of California Board of Professional Engineers, Land
Surveyors, and Geologists. The error must be described in detail and substantiated
in writing by an opinion of a title insurance company licensed to do business in t he
State of California.
B. The existence of the right-of-way proposed for vacation poses a
serious, hazardous threat to the safety of the public or to the safety of the persons
or property upon the property or properties. The safety hazards must be described
in detail and attested in writing by the applicant under penalty of perjury. An
example of a serious safety hazard would be a landslide or an imminent landslide.
C. The existence of the right-of-way proposed for vacation poses an
unreasonable hardship on the applicants if the vacation were not granted by the
City. The instances of hardship must be described in detail and attested in writing
by the applicant under penalty of perjury. An example of a hardship would be proof
of substantial economic loss and/or unreasonable restraint against alienation if the
vacation were not granted, and no other reasonable alternative exists such as
issuance of an encroachment permit.
12.36.070 City Council procedure.
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Ordinance No. 1418 Page 5
The Director shall comply with the State law procedures for vacations, including
without limitation the procedures set forth in the public streets, highways, and service
easements vacation law (California Streets and Highways Code Sections 8300 and
following). A public hearing is required before the City Council and the City Clerk shall
cause legal notice to be provided. Notice shall include mailed notice to all properties within
300 feet of the right-of-way proposed to be vacated at least two weeks’ ahead of the
public hearing date. Per the California Streets and Highways Code Section 8323 the
legislative body shall conspicuously post notices of vacation along the line of the street,
highway, or public service easement proposed to be vacated. The notices shall be posted
not more than 300 feet apart, but at least thr ee notices shall be posted. If the line of the
street, highway, or public service easement proposed to be vacated exceeds one mile in
length, the legislative body may, in lieu of posting not more than 300 feet apart, post
notices at each intersection of another street or highway with the street, highway, or public
service easement to be vacated and at one point approximately midway between each
intersection, but at least three notices shall be posted. At the Director’s discretion, the
City may combine several vacation applications and present them to the City Council in
the same proceeding.
12.36.080 Findings required.
The City Council shall not adopt a resolution approving a vacation unless it finds
as follows:
A. The right-of-way to be vacated, or portion thereof, is unnecessary for
present or prospective public use.
B. The vacation conforms to the City’s General Plan, including the
Mobility Chapter.
C. The vacation serves the public interests to a degree greater than if
the private use of the right-of-way was conferred by encroachment permit.
D. The vacation has been reviewed in conformance with the California
Environmental Quality Act and will have no environmental effects that adversely
impact the public safety or welfare.
E. Adequate consideration has been offered in exchange for vacating
the public’s interest in the affected right-of-way. The adequacy of the consideration
is not limited to monetary remuneration and is to be determined on a case -by-case
basis at the sole discretion of the City Council. The Council may consider such
factors as the appraised value of the vacated right -of-way, the use which the
applicant is to make of the vacated right -of-way, and whether the loss of the
public’s interest in the vacated right-of-way is offset by the increase in the public’s
welfare, health or safety attributable to the applicant’s combined use of the vacated
right-of-way and the properties contiguous to it.
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Ordinance No. 1418 Page 6
F. On a case-by-case basis, the City Council may determine that the
vacated right-of-way shall not be used by the applicant or its successor to satisfy
any development or building requirements associated with the contiguous parcel
or parcels, for example to increase the development potential of the contiguous
parcel or parcels, such as an increase in floor area ratio or lot coverage.
G. The vacation shall not unreasonably interfere with the viability of the
remaining right-of-way nor public service easements in proximity thereto.
H. In order to render any one or more of the findings in this section, the
City Council may impose conditions upon the vacation, including without limitation
the requirement of the applicant to pay compensation; the requirement that the
applicant release and indemnify the City from liability, including environmental
liability, and liability which may relate to neighboring properties; the requirement
that the applicant maintain the vacated property; and the requirement that the
vacation is subject to certain defined reservations and exceptions.
12.36.090 Record of vacation.
To the extent the City Council approves or conditionally approves the vacation, the
decision shall be made by resolution and shall be recorded with the Riverside County
Recorder together with any deeds or other instruments which may be required by law.
The property vacated shall not be considered surplus property of the City.”
12.36.100 Summary vacation authority.
A. The City Council may summarily vacate a street, or highway that has been
superseded by relocation unless the vacation would (1) cut off all access to a
person’s property, which prior to relocation adjoined the street or highway; or (2)
terminate a public service easement unless the easement meets the criteria for
summary vacation of a public service easement.
B. The City Council may summarily vacate when the street or highway has been
impassable for vehicular travel for 5 years and no public money has been
expended for maintenance during that period.
C. The City Council may summarily vacate an excess right -of-way of a street or
highway if it is not required for street or highway purposes.
D. The City Council may summarily vacate a portion of a street or highway if this
portion lies within property under one ownership and does not continue through
such ownership or end touching the property of another.
E. The City Council may summarily vacate a street or highway pursuant to an
agreement with the department of transportation pursuant to Streets and Highways
Code Section 100.2 to close a street or highway at or near the point of its
interception with a state freeway.
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Ordinance No. 1418 Page 7
F. The City Council may summarily vacate public service easements in any of the
following circumstances:
a. The easement has not been used for the purpose for which it was dedicated
or acquired for 5 consecutive years immediately preceding the proposed
vacation;
b. The date of dedication or acquisition is less than 5 years, and more than 1
year, immediately preceding the proposed vacation, and the easement has
not been used continuously since that date; or
c. The easement has been superseded by relocation, or determined to be
excess by the easement holder, and there are no other public facilities
located within the easement.
G. The City Council shall not summarily vacate a street, highway, or public service
easement if there are in-place public utility facilities that are in use and would be
affected by the vacation.
12.36.110 Summary vacation procedure.
A. The City Council may summarily vacate a street or highway by adopting a
resolution of vacation after a general plan consistency finding by the planning
department pursuant to California Government Code Section 65402(a).
B. The City Council is not required to hold a public hearing to summarily vacate a
street or highway.
C. The resolution of vacation must then be recorded in the Riverside County
Recorder’s office. From the date of such recording the vacation will be complete,
and the street or highway will no longer constitute a street.”
SECTION 2. Severability. If any section, subsection, clause or phrase of this
Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or
unenforceable by the decision of any court of competent juri sdiction, such decision shall
not affect the validity of the remaining portion of the Ordinance. The City Council declares
that it would have passed each section, subsection, paragraph, sentence, clause, or
phrase thereof, irrespective of the fact that any one or more section, subsection,
sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable.
SECTION 3. CEQA. The City Council hereby finds and determines that this
Ordinance is exempt from CEQA pursuant to State CEQA Guidelines section 15061(b)(3)
because it can be seen with certainty that the Ordinance would not have the potential or
possibility for causing a significant effect on the environment. Specifically, the proposed
changes to the Municipal Code are primarily technical and administrative in nature. The
Ordinance would codify procedures for vacating city rights-of-way or portions thereof. No
construction is proposed and the amendments do not constitute any project approvals. In
reviewing the Ordinance the City Council has exercised its independent judgment and
has reviewed and considered the Ordinance in light of all testimony received, both oral
and written. Therefore, based upon the entire administrative record, the City Council
hereby determines that no further environmental review is required for the Ordinance.
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Ordinance No. 1418 Page 8
SECTION 4. Publication. The City Clerk of the City of Palm Desert, California, is
hereby directed to publish a summary of this Ordinance in the Desert Sun, a newspaper
of general circulation, published and circulated in the City of Palm Desert, California, and
shall be in full force and effective thirty (30) days after its adoption.
ADOPTED ON ___________________, 2024.
KARINA QUINTANILLA
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. 1418 is a full, true, and correct copy, and was introduced
at a regular meeting of the Palm Desert City Council on October 10, 2024, and adopted
at a regular meeting of the City Council held on __________, 2024, by the following vote:
AYES: HARNIK, KELLY, NESTANDE, TRUBEE, AND QUINTANILLA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on ____________________.
ANTHONY J. MEJIA
CITY CLERK
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Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: October 24, 2024
PREPARED BY: Michelle Nance, Deputy Clerk II
SUBJECT: ADOPTION OF ORDINANCE NO. 1419 UPDATING PALM DESERT
MUNICIPAL CODE CHAPTER 2.18, BUILDING BOARD OF APPEALS
RECOMMENDATION:
Adopt Ordinance No. 1419 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, UPDATING PALM DESERT MUNICIPAL CODE CHAPTER
2.18, BUILDING BOARD OF APPEALS AND MAKING FINDINGS UNDER CEQA.”
BACKGROUND/ANALYSIS:
On October 10, 2024, the City Council unanimously introduced Ordinance No. 1419 for first
reading. This report provides for the City Council to waive further reading and adopt the
ordinance. The ordinance shall be effective 30 days from adoption.
FINANCIAL IMPACT:
There is no direct financial impact with this action.
ATTACHMENTS:
Ordinance No. 1419
77
78
ORDINANCE NO. 1419
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, UPDATING PALM DESERT MUNICIPAL CODE
CHAPTER 2.18, BUILDING BOARD OF APPEALS AND MAKING
FINDINGS UNDER CEQA
WHEREAS, Palm Desert Municipal Code (“Municipal Code”), Chapter 2.18
establishes a Building Board of Appeals; and
WHEREAS, the Building Board of Appeals is created to hear and decide appeals
of order, decisions, or determinations made by the Building Official relative to the
application and interpretation of the California Building Code and City’s local building
code; and
WHEREAS, City of Palm Desert (“City”) periodically reviews the Municipal Code
to identify areas the need updating, clarification, and revisions in accordance with state
law; and
WHEREAS, the City Council of the City of Palm Desert desires to enact the
Ordinance to make such updates, clarifications, and revisions to the Municipal Code;
and
WHEREAS, all other legal prerequisites to the presentation of this Ordinance
have occurred.
THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES ORDAIN AS
FOLLOWS:
SECTION 1. The Palm Desert Municipal Code Chapter 2.18 Building Board of
Appeals is amended to read as follows:
“Chapter 2.18 Building Board of Appeals
2.18.010. Established.
The building board of appeals and condemnation ("building board") is
hereby established for the City of Palm Desert ("City"). The provisions set
forth in Chapter 2.34 of this code shall apply to this board, except as
otherwise required by state law. If there is any conflict between this chapter
and Chapter 2.34 of this code, the provisions of this chapter shall control.
2.18.020. Purpose.
The purpose of the building board of appeals is to conduct hearings that
allow appellants to present evidence to reverse or amend a city official’s
administrative decision regarding any matter covered by Title 15 of this
code. The right to appeal applies when the objection involves the exercise
of administrative discretion or personal judgment by the city official pursuant
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Ordinance No. 1419 Page 2
to any provisions of Title 15 of this code. This board will hear appeals
related to the application of building standards, except where the city
official’s decision is ministerial and involves the strict application of objective
requirements and standards of this code and the California Building Code.
The building board may also ratify alternate materials and methods of
construction that are not specifically recognized in the California Building
Code.
2.18.030. Members.
The building board shall be comprised of five community members.
Members shall possess a thorough understanding of the California Building
Code and related city regulations and ordinances.
2.18.040. Meetings/appeal hearings.
A. The building board meetings will be scheduled as needed when letters
of appeal from building officer decisions are received.
B. The building board secretary shall collect letters of appeal and prepare
an agenda for each meeting which shall be furnished to members prior
to the meeting.
C. Requests for hearings must be scheduled at least ten days prior to such
hearing.
D. If a party of any appeal intends to submit evidence, or legal argument,
outside of the expertise of the building board, said party shall so inform
the building board secretary in writing at the time the appeal is filed.
Failure to provide such information shall be cause to prohibit the
presentation of such evidence or argument.
E. The building board shall be the judge of the qualifications of persons
appearing as expert witnesses and shall be empowered to refuse to
receive the testimony of any purported expert not so qualified.
2.18.050. Decisions.
A. In rendering its decision, the building board has no authority to waive
requirements of any code (California Building Code Section 113.2.). The
building board shall either approve, approve with modifications or den y the
appeal, and shall specify any conditions or limitations imposed.
B. The decision of the building board shall be final. The written decision shall
be sent to the appellant and shall provide that the appellant may file an
appeal with the California Building Standards Commission pursuant to
California Administrative Code Section 1-303(a).”
SECTION 2. If any section, subsection, clause or phrase of this Ordinance or any
part thereof is for any reason held to be invalid, unconstitutional, or unenforceable by
the decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portion of the Ordinance. The City Council declares that it
would have passed each section, subsection, paragraph, sentence, clause, or phrase
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Ordinance No. 1419 Page 3
thereof, irrespective of the fact that any one or more section, subsection, sentence,
clause or phrase would be declared invalid, unconstitutional or unenforceable.
SECTION 3. The City Council hereby finds and determines that this Ordinance is
exempt from CEQA pursuant to State CEQA Guidelines section 15061(b)(3) because it
can be seen with certainty that the Ordinance would not have the potential or possibility
for causing a significant effect on the environment. Specifically, the proposed changes
to the Municipal Code are primarily technical and administrative in nature. The
Ordinance would update the building board of appeals requirements and procedures.
No construction is proposed, and the amendments do not constitute any project
approvals. In reviewing the Ordinance, the City Council has exercised its independent
judgment and has reviewed and considered the Ordinance in light of all testimony
received, both oral and written. Therefore, based upon the entire administrative record,
the City Council hereby determines that no further environmental review is required for
the Ordinance.
SECTION 4. The City Clerk of the City of Palm Desert, California, is hereby
directed to publish a summary of this Ordinance in the Desert Sun, a newspaper of
general circulation, published and circulated in the City of Palm Desert, California, and
shall be in full force and effective thirty (30) days after its adoption.
ADOPTED ON ______________ 2024.
__________________________
KARINA QUINTANILLA
MAYOR
ATTEST:
_____________________________
ANTHONY J. MEJIA
CITY CLERK
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Ordinance No. 1419 Page 4
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby
certify that Ordinance No. 1419 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Desert City Council on October 10, 2024, and adopted at a
regular meeting of the City Council held on __________, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Desert, California, on ____________________.
_________________________
ANTHONY J. MEJIA
CITY CLERK
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: October 24, 2024
PREPARED BY: Randy Chavez, Deputy Public Works Director
SUBJECT: AWARD CONTRACT TO DBX, INC., OF TEMECULA, CA, FOR VITALIA
TRAFFIC SIGNAL INSTALLATION (PROJECT NO. CTS00002)
RECOMMENDATION:
1. Award a contract to DBX, Inc., of Temecula, CA, in the amount of $733,400, plus a $73,000
contingency, for the Vitalia Traffic Signal Installation.
2. Appropriate $181,223 to Account No. 2134385-4400100 from unobligated Measure A Funds.
3. Authorize the City Attorney to make necessary nonmonetary changes to the contract.
4. 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.
5. 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:
The Vitalia Traffic Signal Installation project involves installing a new traffic signal at the currently
unsignalized intersection of Gerald Ford Drive and Rembrandt Parkway. This project is
necessary due to the growth of nearby residential developments, incl uding those by Pulte
Homes and Pacific West Communities.
In addition to the traffic signal, the project includes ADA -compliant curb ramps, sidewalks, and
various infrastructure improvements aimed at enhancing accessibility and ensuring smooth
regional traffic synchronization. These upgrades will contribute to a safer and more efficient
transportation network.
The City advertised the project and received five bids by October 2, 2024, as follows:
Contractor Location Total Bid
Baker Electric, Inc. Escondido, CA $722,016.00
DBX, Inc. Temecula, CA $733,400.00
Elecnor Belco Electric, Inc. Chino, CA $772,888.00
Crosstown Electric & Data, Inc. Irwindale, CA $905,879.00
PTM General Engineering Services, Inc. Riverside, CA $917,017.00
Although Baker Electric, Inc., submitted the lowest bid, it was deemed non-responsive due to
failure to provide the required bid bond, leading to their disqualification. The lowest responsive
bid was submitted by DBX, Inc., which has been reviewed and found compliant wit h all bid
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City of Palm Desert
Vitalia Traffic Signal Installation
Page 2 of 2
requirements. The project is expected to be completed within 90 days of the Notice to Proceed,
with an anticipated completion date in February 2025.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
The Vitalia Traffic Signal Installation is part of the approved Capital Improvement Project (CIP)
List for Fiscal Year 2024-25, funded through Measure A under Account No. 2134385 -4400100.
Developers Pulte Homes and Pacific West Communities are also respons ible for contributing
their fair share to the project costs, with Pulte Homes covering 42.9% and Pacific West
Communities contributing 29.3%.
An appropriation of $181,223 is requested from unobligated Measure A Funds to cover project
expenses. However, a total of $768,465.20, less $64,600 already paid by Pacific West
Communities, will be reimbursed to Measure A Funds upon receipt of the developers'
contributions after project completion.
The table below outlines the total budget and expenses for the project:
Account Budget Project Cost Appropriation
Previous Funding $257,956.24
Current Measure A (2134385-4400100) $625,167.00
Potholing – Crosstown A46980 $13,700.00
Surveying – TKE Eng $1,250.00
Street Improvements $10,239.85
SCE Install $18,561.45
TS Poles – American $96,404.94
Design – Pac West $117,800.00
* Construction – DBX $733,400.00
* Construction – Contingency $73,000.00
Total $883,123.24 $1,064,356.24 ($181,223.00)
Pulte Homes (42.9%) $456,608.82
**Pacific West Communities (29.3%) $311,856.38
City of Palm Desert (27.8%) $295,891.03
* Current request
**includes $64,600 already paid by Pacific
ATTACHMENTS:
1. Agreement
2. Payment and Performance Bonds
3. Contractor’s Proposal
4. Vicinity Map
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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 24th day of October, 2024, by and between the
City of Palm Desert, a municipal corporation organized under the laws of the State of California
with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-
2578, (“City”) and DBX, a Corporation, with its principal place of business at 42024 Avenida
Alvarado, Suite A, Temecula, CA 92590 ("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:
Vitalia Traffic Signal Installation
Project No. CTS00002
(hereinafter referred to as “the Project”).
Contractor is an independent contractor and not an agent of the City. The Contractor and its
surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to
comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the
date stated in the City’s Notice to Proceed. The Contractor shall complete all Work
required by the Contract Documents within 90 Days from the commencement date
stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time
for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract,
subject to any additions or deductions as provided in the Contract Documents, and
including all applicable taxes and costs, the sum of SEVEN HUNDRED THIRTY
THREE THOUSAND FOUR HUNDRED DOLLARS ($733,400.00). Payment shall be
made as set forth in the General Conditions. The City will pay to Contractor
compensation based upon the prices set forth in the Bid Schedule.
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day
completion of the Project is delayed beyond the Contract Time. Because of the nature
of the Project, it would be impracticable or extremely difficult to determine the City’s
actual damages. Accordingly, in accordance with Government Code section 53069.85,
it is agreed that the Contractor will pay the City the sum of $1,000.00 for each and
every Day of delay beyond the time prescribed in the Contract Documents for finishing
the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this
is not paid, the Contractor agrees the City may deduct that amount from any money
due or that may become due the Contractor under the Contract. This Section does not
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Contract No. ___________
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Revised 01-2024
BBK 72500.00001\32374943.1
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.
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.
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Contract No. ___________
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Revised 01-2024
BBK 72500.00001\32374943.1
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
faithfully perform the Work and all of Contractor’s obligations under Co ntract.
Such costs, expenses, and damages shall include all costs, including
attorney’s fees, incurred by the indemnified parties in any lawsuit to which they
are a party.
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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:
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;
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(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.
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
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satisfied by a combination of primary and umbrella or excess insurance. Any
umbrella or excess insurance shall contain or be endorsed to contain a provision
that such coverage shall also apply on a primary and non-contributory basis for the
benefit of City before the City’s own insurance or self -insurance shall be called
upon to protect it as a named insured.
4. Products/Completed Operations Coverage. Products/completed operations
coverage shall extend a minimum of three (3) years after project completion.
Coverage shall be included on behalf of the insured for covered claims arising out
of the actions of independent contractors. If the insured is using subcontractors,
the Policy must include work performed “by or on behalf” of the insured. Policy
shall contain no language that would invalidate or remove the insurer’s duty to
defend or indemnify for claims or suits expressly excluded from coverage. Policy
shall specifically provide for a duty to defend on the part of the insurer. The City,
its officials, officers, agents, and employees, shall be included as additional
insureds under the Products and Completed Operations coverage.
5. City’s Rights of Enforcement. In the event any policy of insurance required under
this Contract does not comply with these requirements, or is canceled and not
replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary, and any premium paid by City will be promptly reimbursed by
Contractor, or City will withhold amounts sufficient to pay premium from Contractor
payments. In the alternative, City may cancel this Contract.
6. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance or is on the List of Approved Surplus Line Insurers in the
State of California, with an assigned policyholders’ Rating of A- (or higher) and
Financial Size Category Class VII (or larger) in accordance with the latest edition
of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk
Manager.
7. Waiver of Subrogation. All insurance coverage maintained or procured pursuant
to this agreement shall be endorsed to waive subrogation against the City, its
elected or appointed officers, agents, officials, employees, and volunteers, or shall
specifically allow Contractor or others providing insurance evidence in compliance
with these specifications to waive their right of recovery prior to a loss. Contractor
hereby waives its own right of recovery against the City, its elected or appointed
officers, agents, officials, employees, and volunteers and shall require similar
written express waivers and insurance clauses from each of its subcontractors.
8. Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Contractor
of non-compliance with any requirement imposes no additional obligations on the
City nor does it waive any rights hereunder.
9. Requirements Not Limiting. Requirements of specific coverage features or limits
contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverag e normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party or
insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any
type. If the Contractor maintains higher limits than the minimums shown above,
the City requires and shall be entitled to coverage for the higher limits maintained
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Contract No. ___________
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BBK 72500.00001\32374943.1
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.
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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.
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SIGNATURE PAGE TO LONG FORM CONSTRUCTION AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND DBX, 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
DBX, A CORPORATION
By:
James C. Perry
President
By:
James C. Perry
Secretary/Treasurer
Contractor’s License Number and
Classification
DIR Registration Number (if applicable)
City Clerk QC: _____
Contracts QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
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Contract No. ___________
Exhibit “C”
Revised 11-2-20
BBK 72500.00001\32374915.1
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded
to DBX, Inc., (hereinafter referred to as the “Contractor”) an agreement for Vitalia Traffic Signal
Installation (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in
the Contract Documents for the Project dated October 24, 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, DBX, 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 Seven Hundred Thirty Three Thousand Four Hundred Dollars,
($733,400.00), said sum being not less than one hundred percent (100%) of the total amount of
the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors
and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all
materials and workmanship; and shall indemnify and save harmless the City, its elected or
appointed officers, and their respective agents, officials, employees, volunteers and
representatives, as stipulated in said Contract Documents, then this obligation shall become null
and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and 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
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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 t o 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.
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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.
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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
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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
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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 October 24, 2024, has awarded to DBX, Inc., hereinafter designated as
the “Principal,” a contract for the work described as follows:
Vitalia Traffic Signal Installation (the “Project”).; and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the
Contract Documents for the Project dated October 24, 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 Seven Hundred Thirty Three Thousand
Four Hundred Dollars, ($733,400.00) lawful money of the United States of America, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of
the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or
other supplies, used in, upon, for or about the performance of the work contracted to be done, or
for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance
Code with respect to work or labor performed under the contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department or Franchise
Tax Board from the wages of employees of the contractor and his subcontractors pursuant to
Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety
or Sureties will pay for the same, in an amount not exceeding the sum herein above specified,
and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such
suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation
expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the
Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon
this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
pertaining or relating to any scheme or work of improvement herein above described, or pertaining
or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or
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
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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]
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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.
102
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
103
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
104
City of Palm Desert
CP - Capital Improvement Projects
Jess Culpeper, Director of Capital Projects
73-510 Fred Waring Drive, Palm Desert, CA 92260
[DBX, INC.] RESPONSE DOCUMENT REPORT
IFB No. CTS00002
Vitalia Traffic Signal Installation
RESPONSE DEADLINE: October 2, 2024 at 4:00 pm
Report Generated: Friday, October 4, 2024
DBX, INC. Response
CONTACT INFORMATION
Company:
DBX, INC.
Email:
dbxinc@hotmail.com
Contact:
JAMES PERRY
Address:
42024 AVENIDA ALVARADO SUITE A
TEMECULA, CA 92590
Phone:
(951) 296-9909
Website:
www.dbxincorporated.com
Submission Date:
Oct 2, 2024 11:23 AM (Pacific Time)
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Page 2
ADDENDA CONFIRMATION
No addenda issued
QUESTIONNAIRE
1. BID ACKNOWLEDGMENT*
To the City of Palm Desert, a municipal corporation, organized under the laws of the State of California, with its principal place of
business at 73-510 Fred Waring Drive, Palm Desert, California 92260.
A. In response to the Contract Documents for project number CTS00002 and in accord ance with the accompanying Instructions
to Bidders, the undersigned hereby proposes to the City to furnish all labor, technical and professional services, supervisio n,
materials and equipment, other than materials and equipment specified as furnished by the City, and to perform all operations
necessary and required to construct the Project in accordance with the provisions of the Contract Documents and any
addenda thereto, and at the prices stated opposite the respective items set forth in the Bid Schedule.
B. This Bid constitutes a firm offer to the City which cannot be withdrawn for 90 calendar days after the date set for opening of
Bids, or until a Contract is executed by the City and a third party, whichever is earlier.
C. The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any
addenda thereto; that it has carefully checked all of the words and figures shown in its Bid Schedule; that it has carefully
reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the City
will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid.
D. If awarded a Contract, the undersigned agrees to execute and deliver to the City within ten (10) Days after date of receipt of
Notice of Award, a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and
Endorsements.
E. All Bid Forms, which have been completed and executed by undersigned Bidder, are incorporated by this reference and made
a part of this Bid.
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F. The undersigned is hereby representing that it is and will be properly licensed both at the time that it submits a Bid as wel l as
at the time the Contract is awarded, if the Contract is awarded to the undersigned.
1. If Individual Contractor. Undersigned certifies that it is now licensed in accordance with the provisions of the Contractor's
License Law of the State of California; or
2. If Joint Venture. Undersigned certifies that the individual members of the joint venture are now licensed in accordance
with the provisions of the Contractor's License Law of the State of California.
I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection
with this Bid and all of the representations made herein are true and correct.
Confirmed
2. BID SCHEDULE*
IMPORTANT:
THE ELECTRONIC #BID SCHEDULE MUST BE COMPLETED BY EACH BIDDER AND PROPERLY SUBMITTED ON OPENGOV PROCUREMENT.
FAILURE TO COMPLETE THE BID SCHEDULE WILL RESULT IN AN INCOMPLETE AND NON -RESPONSIVE BID.
THE ELECTRONIC BID SCHEDULE WILL BE INCORPORATED INT O THE CONTRACT DOCUMENTS.
The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in
the related line items and no additional compensation shall be due to Contractor for the performance of the Work. All blank spaces
appearing in the Electronic Bid Schedule must be filled in. Failure to fill in any blank spaces may render the bid non-responsive.
The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the
actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured
quantities of work performed based upon the Unit Price.
If the Contract Documents specify Alternate Bid items, the City can choose to include any, all, or none of the Alternate Bid items in the
Work. If the City selects any of the Alternate Bid items, the corresponding Alternate Bid prices shall be added to or deducted from Base
Bid Price for the Work. The City can award/select Alternate Bid items at any time(s).
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I certify that I have read, understood the above statement.
Confirmed
3. BID GUARANTEE*
IF SUBMITTING AN ORIGINAL BID BOND: Please download the Bid Bond Form under #ATTACHMENTS, and Mail or hand deliver in a
sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope to
the City Clerk's Office located at 73-510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline.
IF SUBMITTING CASH OR CASHIER'S CHECK: Mail or hand deliver in a sealed and labeled envelope including the Project Number, Project
Title, and Project Due Date visible on the outside of the envelope to the City Clerk's Office located at 73 -510 Fred Waring Drive, Palm
Desert, CA 92260 before the bid submittal deadline.
IF SUBMITTING AN E-BID BOND: follow E-Bid Bond instructions.
E-Bid Bond via Surety2000 (submitted electronically under E-Bid Bond)
4. E-Bid Bond
Please enter your Bid Bond information from Surety2000 below ONLY IF YOU ARE NOT SUBMITTING A HARD COPY BID BOND, CASH, OR
CASHIER'S CHECK.
Bond ID: SCA0920253083
Vendor ID: 952458707
5. Enter Surety Company "Name" who Issued Bid Guarantee *
This information will be verified against the California Department of Insurance Website.
The Ohio Casualty Insurance Company
Click to Verify Value will be copied to clipboard
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6. DESIGNATION OF SUBCONTRACTORS*
Please download the below documents, complete, and upload.
• DESIGNATION_OF_SUBCONTRACTO...
DESIGNATION_OF_SUBCONTRACTORS.pdf
7. BIDDER INFORMATION AND EXPERIENCE FORM*
Please download the below documents, complete, and upload.
• BIDDER_INFORMATION_AND_EXPE...
BIDDER_INFORMATION_AND_EXPERIENCE_FORM_(1).pdf
8. NON-COLLUSION DECLARATION*
The undersigned declares:
I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organizat ion, or
corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder
to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone
else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, prof it, or cost
element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or
indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company,
limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does exec ute, this
declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
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Confirmed
9. PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION*
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal,
or enter into a contract to perform public work must be register ed with the Department of Industrial Relations. See
http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information.
No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with
the Department of Industrial Relations to perform public work.
Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725 .5 and 1771.1 and is
currently registered as a contractor with the Department of Industrial Relations.
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:
A. Bidder shall maintain a current DIR registration for the duration of the project.
B. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure
that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
C. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-
responsive.
Confirmed
10. Enter your California Department of Industrial Relations (DIR) Registration number*
Please enter your Public Works Contractor DIR Number. This will be verified against the state database.
1000004242
Click to Verify Value will be copied to clipboard
11. Enter your valid CA Contractors State License Board (CSLB) number*
Please enter your License Number here. This will be verified against the state database.
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240547
Click to Verify Value will be copied to clipboard
12. CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION*
I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers’
compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions
before commencing the performance of the work of this Contract.
Confirmed
13. Fleet Compliance Certification*
I hereby acknowledge that I have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the
requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation ”). I
hereby certify, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their
subcontractor(s) (“Fleet”) is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have be en
attached hereto.
14. Fleet Compliance Documentation*
Please attach supporting documentation for the selection made in the above item.
dbx,_inc._-_California_Air_Resources_Board__Off-Road_Diesel-Fueled_Fleets_Regulation.pdf
15. Type of Business*
C Corporation (if corporation, two signatures are required)
16. Type your Legal Company Name Here*
State your Company's Name Here. This will be verified against the California Secretary of State's Website.
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DBX, Inc.
Click to Verify Value will be copied to clipboard
17. How many years has Bidder’s organization been in business as a Contractor? *
58
18. List the Signatory(s) Authorized to Sign and Bind an Agreement.*
(If two (2) signatures are required, include the following information for both signatories)
A. Full Name
B. Title
C. Physical Business Address
D. Email Address
E. Phone Number
James C. Perry, President/Secretary/Treasurer
42024 Avenida Alvarado, Suite A, Temecula, CA 92590
dbxinc@hotmail.com
951-296-9909
19. Nondiscrimination Certification*
The City of Palm Desert is committed to promoting equal opportunity in its contracting activities. We ensure that all individuals
seeking to do business with the city treat contractors, subcontractors, and employees fairly, without discrimination based on race,
color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gend er, gender
identity, gender expression, sexual orientation, or membership in any other protected class.
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For any purchase exceeding $10,000, vendors must certify compliance with the City’s nondiscrimination policy (G.C. 3.30.200) before
contract award. No contract will be awarded until the contractor submits this certification.
By clicking the confirmation box below, the vendor certifies that they have read the code and agree to comply with its requirements.
Failure to comply may result in termination of any agreement entered into with the vendor.
Confirmed
PRICE TABLES
BID SCHEDULE
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Mobilization 1 LS $10,000.00 $10,000.00
2 Traffic Control 1 LS $21,000.00 $21,000.00
3 As-builts 1 LS $2,500.00 $2,500.00
4 Clearing and Grubbing 1 LS $15,000.00 $15,000.00
5 Concrete Improvements 1 LS $185,000.00 $185,000.00
6 Traffic Signal Installation 1 LS $474,900.00 $474,900.00
7 Signing and Striping 1 LS $25,000.00 $25,000.00
TOTAL $733,400.00
113
DESIGNATION OF SUBCONTRACTORS
The subcontractor(s) listed below will perform work or labor or render service to the contractor in
or about the construction of the work or improvement, or are subcontractors licensed by the State
of California who will, under subcontract to the contractor, specially fabricate and install a portion
of the work or improvement according to detailed drawings contained in the Contract Documents,
in an amount in excess of one-half of one percent (0.5%) of the contractor’s total bid.
Notwithstanding the foregoing, if the work involves the construction of streets and highways, then
the Bidder shall list each subcontractor who will perform work or labor or render service to the
Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the
Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to
provide the below requested information.
In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing
at Section 4100), Part 1, Division 2 of the California Public Contract Code, the Bidder shall
set forth below:
(a) The portion of the work to be done by the subcontractor;
(b) The name and the location of the place of business;
(c) The California contractor license number; and
(d) The DIR public works contractor registration number.
If a Bidder fails to specify a subcontractor or if a Bidder specifies more than one subcontractor for
the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified
to perform that portion of work and that it shall perform that portion itself.
Portion of
Work to be
done by
Subcontractor
Percent of
Total Base
Bid
Name of
Subcontractor
Location
of
Business
CSLB
Contractor
License
No.
DIR
Registration
Number
0.5 Bradley Brown Construction, Inc.BI 6; Auger / Foundation
10000345711008532
M.J. Directional, Inc.
960 6th St, Suite #101A Box 116Norco, CA 92860(909) 322-8445
7997 E. CHESHIRE ROADORANGE CA 92867949-278-1193
790871
BI 7:Signing and Striping
3.0
0.5
Superior Pavement Markings, Inc.5312 Cypress StCypress, CA 90630(714) 995-9100
776306
1000418354
1000001476
BI 6: Direction Drilling
114
Portion of
Work to be
done by
Subcontractor
Percent of
Total Base
Bid
Name of
Subcontractor
Location
of
Business
CSLB
Contractor
License
No.
DIR
Registration
Number
(Attach additional sheets if necessary)
BI 2; Traffic Control (Own)BI 4; Clearing and Grubbing (Own)BI 5; Concrete
25.9 VAN Engineering, Inc.24046 Clinton Keith Rd Suite 101-179Wildomar, CA 92595
1102034 2000000589
115
BIDDER INFORMATION AND EXPERIENCE FORM
A. INFORMATION ABOUT BIDDER
(Indicate not applicable (“N/A”) where appropriate.)
NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided
for all parties to the joint venture.
1.0 Name of Bidder: ___________________________________________
2.0 Type, if Entity: ___________________________________________
3.0 Bidder Address: ___________________________________________
_____________________________________________________________
_____________________________________________________________
Facsimile Number Telephone Number
_____________________________________________________________
Email Address
4.0 How many years has Bidder’s organization been in business as a Contractor?
______________________________
5.0 How many years has Bidder’s organization been in business under its present
name? ________________________
5.1 Under what other or former names has Bidder’s organization
operated?_______________________________________________
6.0 If Bidder’s organization is a corporation, answer the following:
6.1 Date of Incorporation: ________________________________
6.2 State of Incorporation: ________________________________
6.3 President’s Name: ________________________________
6.4 Vice-President’s Name(s): ________________________________
________________________________
6.5 Secretary’s Name: ________________________________
6.6 Treasurer’s Name: ________________________________
DBX, Inc.
Corporation
42024 Avenida Alvarado, Suite A
Temecula, CA 92590
951-296-9978 951-296-9909
dbxinc@hotmail.com
58 Years
N/A
12/01/1961
California
N/A
N/A
James C. Perry
James C. Perry
James C. Perry
58 Years
116
7.0 If an individual or a partnership, answer the following:
7.1 Date of Organization: ______________________________________
7.2 Name and address of all partners (state whether general or limited
partnership):
___________________________________________________________
___________________________________________________________
___________________________________________________________
8.0 If other than a corporation or partnership, describe organization and name
principals:
___________________________________________________________
___________________________________________________________
9.0 What type of work does the Bidder normally perform with its own forces?
___________________________________________________________
___________________________________________________________
10.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where,
and why:
___________________________________________________________
___________________________________________________________
11.0 Within the last five years, has any officer or partner of Bidder’s organization ever
been an officer or partner of another organization when it failed to complete a
contract? If so, attach a separate sheet of explanation:
___________________________________________________________
___________________________________________________________
12.0 List Trade References:
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
N/A
N/A
N/A
Electrical Contractor; Traffic Signals, Street Lighting, Fiber Optics
Communications; Synchronization.
No.
No.
Electrical Contractor; Traffic Signals, Street Lighting, Fiber Optics
Communications; Synchronization.
117
B. LIST OF CURRENT PROJECTS (BACKLOG)
[**Duplicate Page if needed for listing additional current projects.**]
Project Client Reference
(agency
name/contact
info)
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
$1,038,888.50
TBD
TBD
TBD
TBD
TBD
TBD
INTERSECTION IMPROVEMENTSLANDAU BLVD. & MCCALLUM WAY IntersectionImprovements
CITY OF CATHEDRAL CITY68-700 AVENIDA, LALO GUERRERO, CATHEDRAL CITY, CA 92234760-770-0319, ANDREW LEE, alee@cathedralcity.gov
TRAFFIC SIGNAL INSTALLATIONWASHINGTON AVE. & WEEPING WILLOW LANE
CITY OF MURRIETA1 TOWN SQUARE, MURRIETA, CA 92562(951) 304-2489, BRIAN STEPHENSON, BStephenson@MurrietaCA.gov
Traffic Signal Installations $583,304.00
TRAFFIC SIGNAL IMPROVEMENTS AT IMPERIAL HIGHWAY AND RUTH AVENUE
CITY OF LYNWOOD11330 BULLIS ROAD, LYNWOOD, CA 90262(310) 603-0220, MIKE FATTAHI, MFattahi@lynwoodca.gov
Traffic Signal Improvements $623,363.00
EMERGENCY FORCE ACCOUNT
CALTRANS D7 MAINTENANCE120 SOUTH SPRING ST., LOS ANGELES, CA 90012(323) 303-2279, PETER DINH, Peter.v.dinh@dot.ca.gov
Traffic Signal Improvements $4,080,000.00
MONROVIA TRAFFIC SIGNALS PROJECT (FOOTHILL/SUNSET, FOOTHILL/GRAND/CALIFORNIA AVE,HUNTINGTON/FIFTH & ARCADIA 1 INTERSECTION
CITY OF MONROVIA415 SOUTH IVY AVENUE, MONROVIA, CA 91016CHRISTOPHER CASTRUITA, ccastruita@ci.monrovia.ca.us
Traffic Signal Project $1,904,008.00
REYES ADOBE ROAD. HIGH INTENSITY ACTIVATED CROSSWALK (HAWK) REYES ADOBE RD/RAINBOW CREST ROAD; REYES ROAD/STONECREST ROAD
CITY OF AGOURA HILLS30001 LADYFACE COURT, AGOURA HILLS, CA 91301818-597-7338, KELLY FISHER, KFISHER@AGOURAHILLSCITY.ORG
High Intensity Crosswalk $771,741.00
1 of 2
118
B. LIST OF CURRENT PROJECTS (BACKLOG)
[**Duplicate Page if needed for listing additional current projects.**]
Project Client Reference
(agency
name/contact
info)
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
2 of 2
$616,047.00
TRAFFIC SIGNAL IMPROVEMENTSWARNER/ASH AND MAIN/DELAWARE
CITY OF HUNTINGTON BEACH2000 MAIN STREET, HUNTINGTON BEACH, CA 92648(714) 374-1628, BILL JANUSZ
Traffic Signal Improvements TBD $1,146,920.00
TBD
TRAFFIC SIGNAL PROJECTARROW BLVD. & CYPRESS AVE.
CITY OF FONTANA8353 SIERRA AVENUE, FONTANA, CA 92335909-350-7610, JAZMINE PENA
Traffic Signals Project TBD $1,628,816.00
SAFETY IMPROVEMENTS FOR HIGH CRASH UNSIGNALIZED INTERSECTION
CITY OF TWENTYNINE PALMS6136 ADOBE ROAD, TWENTYNINE PALMS, CA 92277760-367-6799, RICHARD PEDERSEN, CHARLESCOLLETT@CAA.INC
Safety Improvments TBD
PEDESTRIAN HYBRID BEACON SYSTEMS & MINOR CONCRETE, WINCHESTERAT HADDOCK STREET
STATE OF CALIFORNIA1727 30th STREET, MS-43, SACRAMENTO, CA 95816-7005RODOLFO CAO, 909-519-1086, Rodolfo.c.cao@dot.ca.gov
Install Pedestrian Hybrid Beacon
$372,635.00
119
C. LIST OF COMPLETED PROJECTS – LAST THREE YEARS
[**Duplicate Page if needed for listing additional completed projects.**]
Please include only those projects which are similar enough to demonstrate Bidder’s ability to
perform the required Work.
Project Client Reference
(agency
name/contact
info)
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
Traffic Signal Synchronization
City fo El Centro1275 Main Street, El Centro, CA 92243760-337-5182, Javier Luna, jluna@cityofelcentro.org
Traffic Signal Synchronization $396,730.29
City of El Cajon200 Civic Center Way, El Cajon, CA 92020619-441-1715, Raul Armenta,Rarmenta@cityofelcajon.us
Safety Improvements
MADISON AVENUE SAFETY IMPROVEMENTS
03/06/24
04/24/24
$3,888,841.56
City of Oceanside300 N. Coast Highway, Oceanside, CA 92054760-435-5115, Tam Tran, ttran@oceansideca.org
Traffic Signal Modification
SIGNAL MODIFICATIONSVISTA WAY AT VALLEY GLEN DR. &CANNON RD. AT LAKE BLVD.12/18/23 $217,950.00
City of Desert Hot Springs11999 Palm Drive, Desert Hot Springs, CA 92240760-329-6411, Michal Garvey, mgarvey@cityofdhs.orgTRAFFIC SIGNAL MODIFICATION AT PIERSON BLVD. & GOLDEN EAGLE WAY Traffic Signal Modification 12/11/23 $155,951.02
City of Loma Linda25541 barton Road, Loma Linda, CA 92354909-253-8884, JohnTrujillo, jtrujillo@lomalinda-ca.gov
Traffic Signal Improvements 11/20/23 $347,869.08
TRAFFIC SIGNAL IMPROVEMENTSCALIFORNIA ST. & CITRUS AVE.
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C. LIST OF COMPLETED PROJECTS – LAST THREE YEARS
[**Duplicate Page if needed for listing additional completed projects.**]
Please include only those projects which are similar enough to demonstrate Bidder’s ability to
perform the required Work.
Project Client Reference
(agency
name/contact
info)
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
Traffic Signal Installation Rancho California Rd and Tee Dr.
City of Temecula 41000 Main Street, Temecula, CA 92590951-308-6388, Chris White, chris.white@temeculaca.gov
Traffic Signal Installation 10/19/23 $483,035.00
County Of San Diego5560 Overland Avenue #270, San Diego, CA 92123619-340-4906, Andrei Pineda, Andrei.Pineda@sdcountyca.gov
TRAFFIC SIGNALSOLD HWY 395 AT RAINBOW GLEN ROAD AND SOUTH MISSION ROAD AT GREEN CANYON ROAD Traffic Signal Installation 03/08/23
INSTALL TRACE WIRE IN EXISTING CONDUIT ON S. MELROSE DR. BETWEEN BRANDING IRON CIRCLE & RIDGE RD
City of Vista200 Civic Center, Drive Vista, CA 92084760-643-5411, Sam Hasenin, hhasenin@cityofvista.com
Install Trace Wire 08/31/22 $4,910.00
$1,369,069.24
INSTALLATION OF NEW TRAFFIC SIGNAL AT THE INTERSECTION OF FAIR OAKS AVE AND BELLEVUE DR
City of Pasadena100 North Garfield Avenue, Pasadena, CA 91101(626) 744-7103, Elvin Jiang, ejiang@cityofpasadena.net
Installation of New Traffic Signals 08/01/22 $420,803.01
City of Temecula PO Box 9033, Temecula, CA 92589-9033951-693-3917, Jerry Gonzalez, Jerry.Gonzalez@cityoftemecula.org
Overhead Street Name Replacement, Sign Replacement Program City Wide Replacement Program City Wide 12/15/21 $54,000.00
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D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE
Personnel:
The Bidder shall identify the key personnel to be assigned to this project in a management,
construction supervision or engineering capacity.
1. List each person’s job title, name and percent of time to be allocated to this project:
2. Summarize each person’s specialized education:
3. List each person’s years of construction experience relevant to the project:
4. Summarize such experience:
Bidder agrees that personnel named in this Bid will remain on this Project until completion of all
relevant Work, unless substituted by personnel of equivalent experience and qualifications
approved in advance by the City.
James C. Perry, President/Secretary/Treasurer
Tim Seaman, Project Manager
Tim Seaman: See attached resume
James C. Perry: See attached resume
Tim Seaman: See attached resume
Tim Seaman: 34 years
James C. Perry: See attached resume
James C. Perry: 38 Years
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3.5
Resume
Jim C. Perry
42024 Avenida Alvarado, Suite A
Temecula, CA 92590
(909) 721-4028
charlesdbx@hotmail.com
Professional Experience
DBX, Inc. Temecula, California United States
Vice President, January 1984 – September, 2015
President, October 2015 - present
Construction Project Manager, January 1999 – present
• Schedule the project in logical steps and budget time required to meet deadlines.
• Prepare contracts and negotiate revisions, changes and additions to contractual
agreements with architects, consultants, clients, suppliers and subcontractors.
• Confer with supervisory personnel, owners, contractors, and design professionals
to discuss and resolve matters such as work procedures, complaints, and
construction problems
Construction Estimator, January 1990 – present
• Consult with clients, vendors, personnel in other departments or construction
foremen to discuss and formulate estimates and resolve issue.
• Analyze blueprints and other documentation to prepare time, cost, materials, and
labor estimates.
• Prepare estimates for use in selecting vendors or subcontractors.
• Confer with engineers, architects, owners, contractors and subcontractors on
changes and adjustments to cost estimates.
Construction Foreman, January 1987 – present
• Examine and inspect work progress, equipment, and construction sites to verify
safety and to ensure that specifications are met.
• Read specifications such as blueprints to determine construction requirements and
to plan procedures.
• Estimate material and worker requirements to complete jobs.
• Supervise, coordinate, and schedule the activities of construction or extractive
workers.
Education
Westminster College, Fulton, Missouri United States
Economics, Business Administration, Graduated May 1982
Additional Skills
Certified Journeyman Electrician
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Timothy W Seaman
42024 Avenida Alvarado, Suite A
Temecula, CA 92590
(951) 296-9909
Traffic Signal Electrician/Project Manager:
Professional History:
• DBX, Inc. 2020 – Present
Construction Project Manager:
Responsible for the scheduling of field personnel, equipment, overseeing field
personnel for all projects assigned.
Prepare required 3 week schedules for various projects as required. Identify
possible needed changes to projects and communicate to municipalities via RFI.
Review and communicate quantities for projects assigned. Review and correct
subcontractor invoices for assigned projects.
Provide on the job training and instruction when necessary.
Perform wiring and installation for various signal and lighting projects.
• Foreman/Superintendent 2015 – 2020
Responsible for the scheduling of field personnel, equipment, and order material,
overseeing foreman for all projects assigned.
Communicate needed traffic control plans, review traffic control plans for
correctness and submit to various municipalities
Prepare required 3 week schedules for various projects, review critical path
schedules monthly. Identifying possible needed changes to projects and
communicating to municipalities via RFI.
Review and prepare billings for projects assigned, Prepare and transmit
proposals for lighting maintenance contracts assigned, Review and correct
subcontractor invoices for assigned projects.
Provide on the job training and instruction when necessary.
Perform wiring and installation for various signal and lighting projects.
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• Foreman/Superintendent/Estimator/Project Manager, 2007 – 2015
Responsible for estimating and change order procedures, preparation of bid documents,
preparation of subcontracts, preparation of material submittals, payment submittals &
following up of payments, review AP & AR reports.
Responsible for the scheduling of field personnel, equipment, and order material,
overseeing crews for all projects, interview potential new employees.
Provide on the job training and instruction when necessary.
Perform wiring and installation for various signal and lighting projects.
• Foreman/Superintendent, 1998-2007
Colorado Licensed Master Electrician (2002)
Responsible for the scheduling of field personnel and equipment, order material, familiar
with bidding and change order procedures, overseeing crews.
Provide on the job training and instruction when necessary.
Perform wiring and installation for various signal and airport projects.
Use troubleshooting skills for signal maintenance contracts.
• Foreman, 1996-1998
Responsible for the scheduling of project and equipment I was assigned to, order material, and
overseeing crews.
• Foreman, 1990 - 1994
Laborer
Responsible for the preparation and instillation of conduit, wire, loops, and poles.
Education / Training:
Ann Arbor Public School, Ann Arbor, MI 1982
Received Diploma and GED
IEC Electrical Journeyman Apprenticeship Program 1999 - 2000
Colorado Springs, CO
IEC/ABC - Project Management for Electricians - Purdue University
Padgett Thompson - Basic Supervision Seminar
Education & Success Inc - Foreman's Training Seminar
IMSA Level 2 Certification
125
E. ADDITIONAL BIDDER’S STATEMENTS:
If the Bidder feels that there is additional information which has not been included in the
questionnaire above, and which would contribute to the qualification review, it may add that
information in a statement here or on an attached sheet, appropriately marked:
_______
N/A
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January 1, 2024
DBX, INC.
2/28/2025
225475
http://www.arb.ca.gov/doors/compliance_cert1.html
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Vicinity Map
Proposed Traffic Signal
Gerald Ford
R
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m
b
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a
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Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: October 24, 2024
PREPARED BY: Eric Ceja, Director of Economic Development
SUBJECT: APPROVE A LEASE EXTENSION WITH THE ARTIST COUNCIL
THROUGH JUNE 2030 AT 72-567 HIGHWAY 111
RECOMMENDATION:
1. Approve the Second Amendment to Lease – Contract No. C41250 with The Artist Council at
72-567 Highway 111.
2. Authorize the City Attorney to make any necessary nonmonetary changes to the agreement.
3. Authorize the City Manager to execute the agreement.
BACKGROUND/ANALYSIS:
The Artist Council (TAC) is a nonprofit organization that promotes the arts and artists of the
Coachella Valley by offering art exhibits, classes, workshops, lectures, and social gatherings.
Since 2021, TAC has occupied the City-owned building located at 72567 Highway 111, serving
as a destination for art, education, and entertainment for both residents and visitors.
On July 14, 2022, at the request of TAC, the City Council approved the First Amendment to the
Lease Agreement extending the term of the lease to June 30, 2027.
In July 2024, TAC leadership approached City staff to request an extension of the existing lease.
TAC is seeking an additional three-year extension to the lease, which is set to expire June 30,
2027. This extension would allow TAC to plan for longer-term fundraising capabilities and
programming. If approved by the City Council, the lease would be extended through June 2030.
The current lease has an annual base rent payment of $1.00 to the City, due on April 1, along
with a 23% share of the annual Common Area Maintenance (CAM) charges for the Entrada de
Paseo site. In exchange for the reduced lease rate, TAC must provide annual financial
statements to the City and offer a variety of programming outlined in Exhibit B of the approved
Lease Agreement. TAC is currently in good standing with the City.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
The City will receive a cumulative rent payment of $5 from TAC for the lease extension, covering
the remaining term and the additional three years through 2030. Additionally, TAC will continue
to pay its portion of the annual CAM charges for the Entrada de Paseo site, which are estimated
at $41,187 for calendar year 2024.
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City of Palm Desert
(2nd Amendment to Lease with TAC)
Page 2 of 2
ATTACHMENTS:
1. Second Amendment to C41250 Lease Agreement
2. Approved C41250 Lease Agreement
3. Approved First Amendment C41250 Lease Agreement
132
Contract No. C41250
SECOND AMENDMENT TO LEASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE AGREEMENT C41250 (“Second
Amendment”) is entered as of the 24th of October 2024, by and between the CITY OF
PALM DESERT (“City”), a municipal corporation and the ARTISTS COUNCIL, a
California nonprofit public benefit corporation (“Lessee”). City and Lessee are
sometimes referred to herein individually as a “Party” or collectivel y as the “Parties.”
RECITALS
A. The Parties previously entered into that certain Lease Agreement dated
April 1, 2021 (the "Agreement"), for the lease of the premises more
particularly described therein located at 72 -567 Highway 111 in the City of
Palm Desert, County of Riverside (the "Premises").
B. The Parties previously entered into a First Amendment to Lease Agreement
(“First Amendment”) dated July 14th, 2022, extending the term of the lease
to June 30, 2027.
C. The Parties now desire to amend the Agreement on the terms and
conditions as provided in this Second Amendment.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals, which are
incorporated herein by this reference, and for other good and valuable consideration, the
receipt and adequacy of which are hereby acknowledged, the Parties hereby mutually
agree as follows:
1. Amendments to Agreement. The Agreement is hereby amended in its
entirety as follows:
a. Term. The first sentence of Section 1.4(a) of the Agreement is hereby
amended to read in its entirety as follows:
"The initial term of this lease shall be for a period of nine (9) years and three
(3) months, commencing on April 1, 2021 ("Commencement Date") and ending on
June 30, 2030 ("Expiration Date")."
b. Early Termination. A new section 42 is hereby added to the lease to
read as follows:
“42. Early Termination. The City may terminate the Agreement at any time,
upon providing written notice of the City’s intent to terminate the Agreement. The
City shall give Lessee not less than ninety (90) days prior written notice of its intent
to terminate the Agreement and list the date of termination. The Lessee shall fully
vacate the property by the date of termination.”
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Contract No. C41250
2. Effectiveness of Agreement. Except as explicitly amended by this Second
Amendment, all other provisions of the Agreement remain in full force and effect and shall
govern the actions of the parties under this Second Amendment. From and after the date
of this Second Amendment, whenever the term “Agreement,” “Lease,” or “Contract”
appears in the Agreement, it shall mean the Agreement as amended by this Second
Amendment.
3. Entire Agreement. This Second Amendment and the Agreement represent
the final and entire agreement between City and Lessee regarding the subject matter
hereof and thereof, and may not be contradicted by evidence of prior, subsequent, or
contemporaneous oral agreements of the Parties.
4. Modification. No amendment or modification hereto shall be valid and
binding unless expressed in writing and executed by both Parties hereto.
5. Authority. Each individual executing this Second Amendment on behalf of
an entity represents and warrants that he or she is duly authorized to execute and deliver
this Second Amendment on its behalf.
6. Counterparts. This Second Amendment may be executed in counterparts,
each of which shall be deemed an original, but all of which together shall be deemed to
be one and the same agreement. A signed copy of this Second Amendment delivered by
facsimile, e-mail or other means of electronic transmission shall be deemed to have the
same legal effect as delivery of an original signed copy of this Agreement.
7. Severability. If any portion of this Second Amendment is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
134
Contract No. C41250
SIGNATURE PAGE FOR SECOND AMENDMENT TO CONTRACT NO. C41250
BETWEEN THE CITY OF PALM DESERT
AND THE ARTISTS COUNCIL
IN WITNESS WHEREOF, the Parties have entered into this Second Amendment
to the Lease Agreement as of the day and year first above written.
CITY OF PALM DESERT
By:
L. Todd Hilman
City Manager
ATTEST:
By:
Anthony J. Mejia
City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
ARTISTS COUNCIL
By:
Its: Chair-Elect, Artist Council
Printed Name: Uschi Wilson
By:
Its: Executive Manager
Printed Name: Annie Reutinger
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Page 1 of 4
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: October 10, 2024
PREPARED BY: Michael Rowe, City Engineer
SUBJECT: ADOPT A RESOLUTION ACCEPTING THE CITY OF PALM DESERT
STANDARD DETAILS AND DESIGN GUIDELINES
RECOMMENDATION:
1. Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING UPDATED CITY OF PALM DESERT
STANDARD DETAILS AND DESIGN GUIDELINES AND MAKING A FINDING OF
EXEMPTION UNDER CEQA”.
2. Authorize the City Manager to publish the City of Palm Desert Standard Details and Design
Guidelines on the City’s website and make it available to the public.
3. Authorize the City Manager to periodically review and update these standards as necessary
to keep up with operational and construction advancements.
BACKGROUND/ANALYSIS:
The purpose of the City of Palm Desert Standard Details and Design Guidelines (“Standards”)
is to refine the existing standards and provide additional minimum standards for the design,
materials, and methods of construction for common items of public and private infrastructure
including, but not limited to, streets, storm drains, landscaping, traffic control devices, and
streetlights.
The City adopted original standards when it incorporated in 1973, with subsequent updates in
2001, 2002, 2008, 2017 and 2019. These Standards are used by engineers, developers,
contractors, and the public to construct the infrastructure throughout the City. The proposed
modifications reflect the recommendations from various City Departments to incorporate best
practices and helping them in their daily operations. These updates will help ensure the highest
quality in public and private improvements throughout the city.
Currently, the City uses multiple sets of design details to aid in the consistency of public
infrastructure construction. However, many of the details are not aligned with the Public Works
Maintenance Department’s practices for maintaining infrastructure on a day-to-day basis. They
are also inconsistent with the General Plan and outdated relative to current industry codes and
guidelines. This has led to confusion and complications among the City, engineers, designers,
and contractors during permitting, construction, and ultimately with staff maintenance efforts.
This update not only ensures consistency but also organizes the standards into categories (see
the table below) to facilitate finding relevant information by discipline. These changes will also
improve maintenance expectations, supporting staff in their day-to-day operations.
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City of Palm Desert
Updated Standard Details and Design Guidelines
Page 2 of 4
Roadway Sections:
The City has contracted with Fehr & Peers to update the General Plan’s Mobility Element, which
includes reviewing current roadway sections and incorporating updated dimensions into the
General Plan for consistency. It is anticipated that the update will be completed by summer 2025.
Accordingly, this section will be revised next year based on the findings from the General Plan
Mobility Study and incorporated into the Standard Details and Design Guidelines.
Scope of the Standards:
The Standards do not supersede the criteria or requirements contained in the Palm Desert
Municipal Code (PDMC), General Plan, or State Building Codes. In the case of conflict, the more
stringent requirement shall apply. These Standards are not intended to be all-encompassing for
every circumstance. Some projects may require alternative designs to meet specific needs. For
example, this might include how vehicles interact with multimodal transportation within the right-
of-way, storm drain pipelines as they outlet into parks, or software updates to traffic signals along
major corridors. The Standards, along with the PDMC and General Plan, must be consulted for
potential design impacts.
Outreach and Moving Forward:
These Standards were shared with the Desert Valley Business Association and the Riverside
Chapter of the Building Industry Association on April 12, 2024. They were distributed to their
members for review with a request for comments or if desired, an invitation for a Question &
Answer meeting, by May 1, 2024. There were no comments or requests received from either
organization.
The Proposed Changes
Standard Why Needed What changed
1. General
a. Created a table of
contents and
included drafting
standard criteria
The original standards were
grouped in their own section
making access cumbersome and
confusing
This update consolidated all
groups into one set with a table
of contents for ease in obtaining
the necessary standard or detail
and added acronyms and
drafting standards to meet
today’s software.
2. Sidewalks, Driveways &
Handicap Ramps
ADA ramp criteria were updated
with the State standards in 2021.
Parkway drainage and driveways
were not consistent to
accommodate the ADA
walkways.
Updated the intersection and
driveway ADA access ramps.
3. Curb & Gutter There were not enough options
for curbs and gutters to
accommodate all street
standards.
Added a 6” option for Curb &
Gutters.
Added a Wedge Curb option for
residential use to avoid cur
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City of Palm Desert
Updated Standard Details and Design Guidelines
Page 3 of 4
cutting existing curbs to allow
for driveways.
Added a asphalt curb option in
emergency road or secondary
access applications.
4. Drainage Existing nonstandard under the
Sidewalk Drains in our City were
failing and clogging.
Drywell option was not
conducive of our Valley and its
blow sand.
Modified the area drains to
today’s standards of better
controlling nuisance flows.
Updated drywell standard to
one that is easier to construct
and maintain to help discharge
water from our retention basins
after the storm events.
5. Monuments Only one option of
monumentation was given to tie
out City streets and property.
Created standards for not only
setting the property line
monuments for the City but also
consistent documentation for
our record keeping.
6. Geometrics Standard geometric designs
were not given for cul de sac and
knuckle design allowing the
development community to use
other jurisdictions standard
designs.
Established cul-de-sac
geometry, knuckle geometry to
be consistent with Riverside
County that meets City
emergency service provider’s
needs.
7. Traffic Standard installation of signage
and traffic controller were not to
today’s standards.
Provide specification and design
criteria to meet a consistent
design and operation of City
traffic signage and signals for
Public Works operational needs.
8. Landscaping Landscaping was under its own
section and had inconsistent
material for day-to-day
maintenance needs.
Consolidated the installation of
landscape material and the
irrigation equipment to be
consistent with what we have on
the shelves in City corporate
yard to help with successful
plant survival.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
Environment Review:
The City of Palm Desert (City), in its capacity as the Lead Agency for this project, finds that the
project is exempt from CEQA since the proposed Standard s do not alter the physical
environment and qualify for a CEQA exemption under Guidelines Section 15061(b)(3) since
there is no substantial evidence that there is any possibility that the approval of these Standards
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City of Palm Desert
Updated Standard Details and Design Guidelines
Page 4 of 4
will have a significant effect on the environment. This does not consist of a project and therefore
exempt from any environmental review under CEQA.
FINANCIAL IMPACT:
There is no direct financial impact to the General Fund associated with adopting these
Standards. However, operational savings may be realized over time, through more consistent
and standardized public improvements.
ATTACHMENTS:
1. Resolution
2. City of Palm Desert Standard Details and Design Guidelines
3. Existing Standard Details
178
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING UPDATED CITY OF PALM DESERT
STANDARD DETAILS AND DESING GUDELINES AND MAKING A
FINDING OF EXEMPTION UNDER CEQA
WHEREAS, the City of Palm Desert City Council adopted Ordinance 125 in 1976 to
help the development community install roadway improvements that were consistent within
its City boundaries; and
WHEREAS, the City Engineer and Public Works Directors completed a
comprehensive update of the Roadway Standards and Specifications to ensure consistency
and the General Plan and follow best practices and to ensure consistent material for the
daily operations and maintenance of public facilities by City Staff; and
WHEREAS, over the years some of the standards were out of date and not
consistent with our General Plan; and
WHEREAS, the standards are not intended to be all inclusive and shall be used as a
design guide, thereby allowing exceptions to these standards to be considered by the City
Engineer on a case by case basis when deemed appropriate for a specific application; and
WHEREAS, City staff will update this manual periodically as needed subject to review
by the Engineering, Development Services, and Public Works Departments to ensure
standards and guidelines remain current with industry standards, address best practices, and
consider improvements recommended by the development community and other
stakeholders; and
WHEREAS, the City Council of the City of Palm Desert, California, did on its regular
meeting of October 10, 2024, consider the request by the City Engineer of the City of Palm
Desert to recommend approval of updated City of Palm Desert Standard Details and Design
Guidelines; and
WHEREAS, The City, in its capacity as the Lead Agency for this project, finds that
the project is exempt from CEQA since the proposed Standard Guidelines do not alter the
physical environment and qualify for a CEQA exemption under Guidelines Section
15061(b)(3) since there is no substantial evidence that there is any possibility that the
approval of these Standards will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
SECTION 1. Recitals. The City Council finds and determines that the recitals set
forth above are true and correct, that the recitals are incorporated herein by this reference,
and that the recitals constitute the City of Palm Desert City Council’s findings for
recommending approval of the updated City of Palm Desert Standard Details and Design
Guidelines.
179
CITY COUNCIL RESOLUTION NO.
2
Section 2. Findings. The City Council finds that the facts and reasons, which are
outlined in the staff report, sufficient to recommend approval of said request
SECTION 2. CEQA. The City, in its capacity as the Lead Agency for this project,
finds that the project is exempt from CEQA since the proposed Standard Guidelines do not
alter the physical environment and qualify for a CEQA exemption under Guidelines Section
15061(b)(3) since there is no substantial evidence that there is any possibility that the
approval of these Standards will have a significant effect on the environment.
SECTION 3. Recommendation. 1. That the City Council does hereby recommends
approval of the City of Palm Desert Standard Guidelines and Design Guidelines, attached
hereto as Exhibit A.
ADOPTED ON , 2024
.
KARINA QUINTANILLA, MAYOR
ATTEST:
ANTHONY J. MEJIA, CITY CLERK
180
CITY COUNCIL RESOLUTION NO.
3
EXHIBIT A
City of Palm Desert Standard Details and Design Guidelines
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CITY OF PALM DESERT STANDARD DETAILS
AND DESIGN GUIDELINES
INDEX -PAGE 1 OF 2
GENERAL
100 ACRONYMS AND ABBREVIATIONS
101 DRAFTING STANDARDS AND TOPOGRAPHY SYMBOLS
STREET STANDARDS
SIDEWALKS. DRIVEWAYS. & RAMPS
300 SIDEWALK
301 MEANDERING SIDEWALK
302 DG MULTIPURPOSE TRAIL
303 RESIDENTIAL DRIVEWAY APPROACH (FOR RIGHT-OF-WAY WIDTH BEHIND CURB OF 1 O' OR MORE)
304 RESIDENTIAL DRIVEWAY APPROACH (FOR CONFINED RIGHT-OF-WAY)
305 COMMERCIAL DRIVEWAY
306 SINGLE CURB RAMP
307 DUAL CURB RAMP
CURB & GUTTER
400 CURB ONLY
401 WEDGE CURB
402 ASPHALT CONCRETE BERM
403 CURB AND GUTTER
404 CROSS GUTTER
405 VALLEY GUTTER
DRAINAGE
500 UNDER SIDEWALK DRAIN
501 UNDER SIDEWALK DRAIN (CAST IN PLACE)
502 CURB DRAIN CASE A & B
503 CURB SUPPORT DETAIL
504 GUTTER DEPRESSION FOR CURB OPENING CATCH BASINS
505 MANHOLE FRAME AND COVER (LOCAL & COLLECTOR STREETS)
506 MANHOLE FRAME AND COVER (ARTERIAL & SECONDARY STREETS)
507 STANDARD DRYWELL DETAIL
508 VALVE OPERATOR WELL INSTALLATION
MEDIANS
600 TYPICAL MEDIAN CONSTRUCTION
601 RESTRICTED LEFT-TURN MEDIAN OPENING
602 MEDIAN TAPER 603 MEDIAN FLARE
MONUMENTS
700 TYPE A, B, & C MONUMENTS
701 TYPE "B" MONUMENT
702 TIE-OUT STANDARDS
703 STREET CENTERLINE MONUMENT
GEOMETRICS
800 CUL-DE-SAC (SYMMETRICAL)
801 CUL-DE-SAC (ASYMMETRICAL)
802 KNUCKLE
803 UTILITY TRENCH PAVEMENT REPLACEMENT
TRAFFIC
900 TRAFFIC LOOP DETECTOR
901 TYPE P CONTROLLER ASSEMBLY DETAIL
902 TYPE R CONTROLLER ASSEMBLY DETAIL
903 INTERCONNECT PULL BOX DETAILS
Per General Plan or Specific Plan
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DETAIL A
TYPICAL MINIMUM BENDING RADIUS
18
"
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(M
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)
2" CONDUIT
CURB FACE
2 1
2" CONDUIT UNDER
SIDEWALK OR DIRT
2 1
2" CONDUIT UNDER
SIDEWALK OR DIRT
NO. 6 PULL BOX
TOP VIEW
2"
MIN.
SIDE VIEW
DE
P
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VA
R
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S
ROUTE CONDUIT UNDER CURB & GUTTER INTO PULL BOX
COMMUNICATION PULL BOX
COMMUNICATION CONDUITS TO BE ALIGNED
45° BEND MAX.
2" CONDUIT
NO. 6 PULL BOX
2" CONDUIT
2" CONDUIT
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Page 1 of 3
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: October 24, 2024
PREPARED BY: Shawn Muir, Community Services Manager
Martin Alvarez, Director of Public Works
SUBJECT: AWARD ON-CALL CONTRACTS TO MULTIPLE VENDORS FOR PARKS
AND LANDSCAPE ENHANCEMENT (PROJECT NO. CPK00003)
RECOMMENDATION:
1. Award contracts for Parks and Landscape Enhancements to multiple vendors, in the amount
of $750,000 for a 31-month term with two one-year extension options.
2. Authorize the City Attorney to make necessary non-monetary changes to the contract.
3. Authorize the City Manager to execute the contract 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(s).
BACKGROUND/ANALYSIS:
The Parks and Landscape Enhancement project (project) is a long-term program to upgrade
landscaped public areas throughout the City to create a cohesive design palette and provide
ease of maintenance moving forward. It is a two-part project, the first of which is to develop a 5-
year Landscape Master Plan and plant palettes that complement each other. That part of the
project has been advertised under a separate Request for Proposals to provide landscape
design services. The second part of the project is to utilize on -call landscape agreements to
complete the projects outlined in the Landscape Master Plan as well as other, more immediate
landscape needs such as infill of plants in medians and parkways. Since these projects must be
prioritized to enhance the City’s public rights -of-way, the on-call landscape improvements were
prioritized.
This second part of the project was advertised for proposals through the City’s bid management
portal, OpenGov, on August 12, 2024. A mandatory pre-bid meeting took place at City Hall on
August 21, 2024, attended by City staff and ten vendors. On September 4, 2024, five proposals
were received electronically.
City staff reviewed the qualified proposals and selected all five vendors for contract awards
based on the evaluation criteria outlined in the RFP (clarity and conformance, experience,
performance, proposal content, fees and references). Staff recommend awarding contracts to
the following five vendors to expedite the number or projects needed to be implemented:
Vendor Location
AK Landscaping Indio, California
Excel Landscape, Inc. Corona, California
347
City of Palm Desert
Award On-Call Contracts to Multiple Vendors
Page 2 of 3
Horizon Professional Landscape, Inc. Coachella, California
Mariposa Landscapes, Inc. Irwindale, California
Vintage Landscape Bermuda Dunes, California
The total aggregate amount of $750,000 per fiscal year will be distributed among the five
contractors for the term of the contract. These funds were included in the Fiscal Year 2024 -25
general fund and capital improvement budgets. This approach enables the City to leverage each
vendor’s expertise for specific task orders, minimizing scheduling delays. This strategy was
previously successful in the Facilities Repairs and Improvements Project.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
Strategic Plan:
The Parks and Landscape Enhancement project is in alignment with the Parks & Recreation
strategic plan to prepare for the financial requirements of maintaining existing parks to the
highest level of service.
FINANCIAL IMPACT:
The approved Public Works and Capital Improvement Project (CIP) Budget for Fiscal Year 2024 -
25 includes $1,075,000 allocated for landscape services across various accounts. Of this
allocation, $250,000 has been designated for a five-year landscape master plan focused on
updating medians, parks, and open spaces. Of the remaining budget, the aggregate amount of
$750,000 will be accessible to the five vendors on a task order basis to carry out landscape
projects identified by City staff in FY 2024-25. Subsequent year funding will be included in the
annual budget request process and orders will be contingent upon budget approval.
The table below outlines the budget allocation and estimated expenses for each account during
FY 2024-25; however, this does not guarantee that the full amounts will be utilized or spent:
Account No. Location Budget Expenses Balance
1104610-4332001 Civic Center Park $50,000 $25,000 $25,000
1104610-4337001 Tri-Cities Sports $25,000 $25,000
1104611-4332001 Other Parks $50,000 $25,000 $25,000
1104614-4337001 Medians $750,000 $500,000 $250,000
2424595-4400100 Palm Desert Aquatic Center $50,000 $50,000
4004618-4400100 Park Improvements $100,000 $100,000
4004674-4400100 Civic Center Park Improvements $50,000 $25,000 $25,000
Total: $1,075,000 $750,000 $ 325,000
Less: 5-Year Landscape Master Plan ($250,000)
Budget Balance $ 75,000
ATTACHMENTS:
1. AK Landscaping Proposal
2. AK Landscaping Agreement, Payment and Performance Bonds
3. Excel Landscape, Inc. Proposal
348
City of Palm Desert
Award On-Call Contracts to Multiple Vendors
Page 3 of 3
4. Excel Landscape, Inc. Agreement, Payment and Performance Bonds
5. Horizon Professional Landscape, Inc. Proposal
6. Horizon Professional Landscape, Inc. Agreement, Payment and Performance Bonds
7. Mariposa Landscapes, Inc. Proposal
8. Mariposa Landscapes, Inc. Agreement, Payment and Performance Bonds
9. Vintage Landscape Proposal
10. Vintage Landscape Agreement, Payment and Performance Bonds
11. City Landscaped Areas Map
12. Palm Desert Medians Map
349
350
City of Palm Desert
PW - Operations & Maintenance
Randy Chavez, Deputy Director
73-510 Fred Waring Drive, Palm Desert, CA 92260
[AK LANDSCAPING] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-132
Parks And Landscape Enhancement Project
RESPONSE DEADLINE: September 4, 2024 at 5:00 pm
Report Generated: Tuesday, September 10, 2024
Ak landscaping Response
CONTACT INFORMATION
Company:
Ak landscaping
Email:
eric.aklandscaping@gmail.com
Contact:
Eric Arechiga
Address:
42929 madio street
Indio, CA 92201
Phone:
N/A
Website:
N/A
Submission Date:
Sep 4, 2024 3:43 PM (Pacific Time)
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Parks And Landscape Enhancement Project
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Request For Proposal - Parks And Landscape Enhancement Project
Page 2
ADDENDA CONFIRMATION
Addendum #1
Confirmed Sep 4, 2024 7:58 PM by Eric Arechiga
QUESTIONNAIRE
1. Proposal (WITHOUT COST)*
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organ ized and
include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include:
A. Cover Letter
1. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of
the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone
number authorized to negotiate Agreement terms and compensation.
B. Experience and Technical Competence
1. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s
experience with similar Service as described in this RFP.
2. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this
RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact
person.
C. Firm Staffing and Key Personnel
1. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as
well as your firm’s capacity to provide additional personnel as needed.
352
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Page 3
2. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and
responsibility of each individual.
3. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel.
4. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor
that is anticipated to perform each function.
D. Proposed Method to Accomplish the Work
1. Describe the technical and management approach to providing the Services to the City. Proposer should take into account
the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and
deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described
herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the
discussion of its proposed method to accomplish the work.
City_of_Palm_Desert_Parks_and_Landscape_Enhancement_Project_Proposal.pdf
2. Fee Proposal*
The fee proposal shall include hourly rates for all personnel for “Additional Work” (as such term is defined in the proposed Agreement
attached herein). Please provide hourly rates for the following positions at a minimum: Irrigator, Foreman, Laborer, Supervisor.
Hourly_rates_Palm_Desert.jpg
3. Non-Collusion Declaration*
The undersigned declares:
I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organizat ion, or
corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder
to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone
else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by ag reement,
communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost
353
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Parks And Landscape Enhancement Project
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Request For Proposal - Parks And Landscape Enhancement Project
Page 4
element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, d irectly or
indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent there of to
effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liabil ity company,
limited liability partnership, or any other entity, hereby represents that he or she has fu ll power to execute, and does execute, this
declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Confirmed
4. Enter your valid CA Contractors State License Board (CSLB) number*
Please enter your License Number here. This will be verified against the state database.
754934
Click to Verify Value will be copied to clipboard
5. Enter your California Department of Industrial Relations (DIR) Registration number*
Please enter your Public Works Contractor DIR Number. This will be verified against the state database.
DIR number is currently being issued
Click to Verify Value will be copied to clipboard
6. Type of Business*
S Corporation (if corporation, two signatures are required)
7. Litigation*
Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the l ast five (5)
years (or type "N/A").
354
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Page 5
N/A
8. Changes to Agreement*
The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify any
objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are
identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may effect
theCity's decision to enter into an Agreement.
N/A
9. No Deviations from the RFP*
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited
to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection o f the
proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification
provisions therein (or type "N/A").
Maximum response length: 5000 characters
N/A
10. Project Team Resumes*
Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualifications,
education, and professional licensing.
Eric_Arechiga_Resume.pdf
11. List the Signatory(s) Authorized to Sign and Bind an Agreement.*
(If two (2) signatures are required, include the following information for both signatories)
A. Full Name
B. Title
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Page 6
C. Physical Business Address
D. Email Address
E. Phone Number
A. Mike Arechiga
B. Owner/CEO
C. 42929 Madio St
D. mm.aklandscaping@verizon.net
E. 760-578-5389
A. Eric Arechiga
B. President
C. 42929 Madio St
D. Eric.Aklandscaping@gmail.com
E. 760-485-6012
12. Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accordance
with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.*
Confirmed
356
City of Palm Desert:
Landscape Enhancement
Proposal
CREATED BY:
Eric Arechiga
September 4th, 2024
PROPOSED TO:
City Of Palm Desert, CA
AK Landscape
Maintenance
Inc.
357
To: City Of Palm Desert
Address: 73510 Fred Waring Drive
Palm Desert, CA 92260
RE: Proposal For "Parks and Landscape Enhancement Project"
To Whom It May Concern,
AK Landscaping thanks you for the opportunity to present a proposal for the Parks and Landscape
Enhancement Project. AK Landscaping has a dedicated team with the knowledge and experience to
maintain and enhance the natural beauty of your landscape. AK Landscaping is a local family-owned
company since 1977. Offering a thorough set of landscape services to residential, commercial, and
municipal property. What separates our team in the industry is our expertise in our valleys climate, soils,
and plant material. Operated by our first and second generation natives who oversee every account.
Comprised of college graduates and certified professionals in both the horticultural field and turfgrass
management. Our team prepared the following proposal for the City of Palm Deserts "Parks and
Landscape Enhancement" project.
Following our review of the project, our team at AK Landscaping is confident that we can provide the best
quality of service at a competitive cost and is pleased to submit the following proposal based on the RFP
for Landscape enhancements issued August 12th, 2024.
Contact Information: Eric Arechiga
AK Landscaping Maintenance inc. Located at 42929 Madio St, Indio, CA 92201
760-485-6012
Eric.Aklandscaping@gmail.com
Sincerely,
Eric Arechiga
Project Manger
AK Landscaping Maintenance Inc.
Landscape
Enhancement
Proposal
AK Landscaping
Maintenance
Inc.
September 4th, 2024
2358
This proposal presents our services offered for the "Parks and Landscape Enhancement" project. Our
team at AK Landscaping offers a comprehensive set of landscape services within the landscape service
sector.
AK Landscaping is a first class landscape maintenance and construction company committed to
transforming and enhancing outdoor spaces into visually stunning and functional environments. We
focus on quality, sustainability, and exceptional customer service, catering to 30+ residential, commercial,
and municipal properties. Properties include the La Quinta Resort & Club, Outdoor Resort Indio,
Ironwood Country Club, etc.
Mission Statement:
Our mission is to enhance the beauty and functionality of landscape by utilizing innovative design, expert
craftsmanship, and the surrounding environment. dedication to client satisfaction. We strive to be the
leading choice for landscape services with our commitment to client satisfaction. Our team prides itself in
delivering outstanding results and fostering long-term relationships with our clients.
Services include but are not limited to the following:
Specialized Landscape Maintenance & Construction
Landscape Enhancements
Irrigation Modification, Modernization and Conservation
Landscape 3D rendering design
Tree/Palm care, Trimming service, and arborist service
Weed, Pest, and insect control
Small to Large Landscape Projects
Our team of qualified individuals is committed and dedicated to our accounts throughout the Coachella
Valley and hopes to provide you exceptional service with a commitment to excellence.
Executive Summary
Landscape
Enhancement
Proposal
AK Landscaping
Maintenance
Inc.
3359
Experience and Technical Competence
Background:
AK Landscaping was founded in 1977 with the current owner Mike taking operations in 1989. Our office
located in Indio, CA. Our current staff include over 100 qualified and experienced members. Our office is
open Monday-Friday 8am to 4pm.
Experience:
AK Landscaping has over 35 years of dedicated service in the landscape industry. Standing as a
testament of our commitment to excellence. Our extensive experience of working alongside residential,
commercial, and municipal property has enabled us to establish a strong reputation as a first class
landscape maintenance and construction business. Achieving exceptional results that exceed our clients
expectations.
Supervision, Education, & Accountability:
AK Landscaping is committed to a foundation of supervision, education, and accountability to achieve
high productivity and quality of work. Our focus on supervision plays an essential role in ensuring that all
daily operations are executed to the industries best standards and practices. Maintaining quality and
consistency throughout our work. While also allowing us to promptly resolve problems and minimize
disruptions.
At AK Landscaping we believe that education is critical in equipping employees with the necessary
technical skills and knowledge. Ongoing education ensures that team members are proficient in the
latest best practices and standards. Allowing our team to be more responsive when it comes to meeting
client expectations and needs.
Our emphasize on accountability ensure that all members of our staff are responsible for their own
performance and adhere to our established standards and expectations. Setting clear goals, measuring
performance, and addressing any deviation from these expected outcomes. All the while allowing our
team to continuously improve by holding team members accountable. Identifying areas for improvement
and implementing corrective actions. Fostering a culture of continuous improvement and higher levels of
performance and quality.
Landscape
Enhancement
Proposal
AK Landscaping
Maintenance
Inc.
4360
References
Landscape
Enhancement
Proposal
AK Landscaping
Maintenance
Inc.
La Quinta Resort and Spa: Pool Conversion #1
Description: The Pool Deck Landscaping Enhancement project aims to revitalize and beautify the
areas surrounding the pool deck to create a cohesive, inviting, and functional outdoor space. This
project will focus on enhancing both the aesthetic appeal and the usability of the poolside area,
integrating design elements that complement the existing pool structure and surrounding
environment.
Client Name: La Quinta Resort and Spa
Name: Sergo Buis-Sereth
Title: Director of property Operations/Engineering
Telephone Number: 760-238-7724
La Quinta Resort and Spa: Grove Project
Description: The Date Palm Removal and Event Space Landscaping project is designed to
revitalize an event space by removing 30 mature date palms and undertaking a comprehensive
redesign of the landscape. This project aims to create a more functional, aesthetically pleasing
environment that enhances the versatility and appeal of the event space for various functions and
activities.
Client Name: La Quinta Resort and Spa
Name: Sergo Buis-Sereth
Title: Director of property Operations/Engineering
Telephone Number: 760-238-7724
Ironwood Clubhouse Exterior Desert Conversion
Description: The Desert Landscaping Transformation project aims to convert the exterior
landscaping of the Ironwood Clubhouse into a beautiful and functional desert-themed landscape.
This transformation will embrace the natural beauty of the desert environment, enhancing the
clubhouse’s exterior with sustainable, low-maintenance design elements that complement the
surrounding landscape and create an inviting atmosphere for visitors.
Client Name: Ironwood CC Clubhouse
Name: Joshua Tanner
Title: Chief Executive Officer/ General Manager
Telephone Number:760-766-1090
5361
References
Landscape
Enhancement
Proposal
AK Landscaping
Maintenance
Inc.
Rancho Mirage Racquet Club Desert landscape Conversion
Description: The Turf Removal and Desert Landscape Conversion project at Rancho Mirage
Racquet Club aims to transform 30,000 square feet of existing turf into a sustainable and
aesthetically pleasing desert landscape. This initiative will enhance the facility's outdoor
environment by incorporating drought-tolerant and low-maintenance landscaping that aligns with
the desert climate, reduces water consumption, and improves the overall visual appeal and
functionality of the space.
Client Name: Rancho mirage Racquet Club
Name: Mike Ranco
Title: Board president
Telephone Number: 661-810-0469
6362
Firm Staffing and Key Personnel
Landscape
Enhancement
Proposal
AK Landscaping
Maintenance
Inc.
Staffing
Project Manager: Martin Arechiga
Role and Responsibilities:
Primary contact: serve as the main liaison between the City of Palm Desert and our team,
Ensuring effective communication and coordination of all tasks throughout the project.
Project oversight:Oversee all aspects of the project, Including planning, implementing, and
monitoring all task from start to finish. To ensure that he projects stays on schedule
Problem Resolution: In the event a problem arise. Address and resolve any issues or
challenges that arise during the project, working closely with City Representatives to find
solutions.
Reporting:Provide regular updates and detailed progress reports to the city on completed
tasks and upcoming milestones.
Site Supervisor: Jose Luis Martinez
Role and Responsibilities:
Field Management:Oversee day-to-day operations on-site, ensuring that all tasks are
performed according to the project plan and meet specifications.
Team Coordination:Manage field crews, assign tasks, and ensure that work is completed
efficiently and to a high standard.
Quality Control:Conduct regular inspections of work in progress to ensure adherence to
quality standards and address any issues promptly.
7363
Firm Staffing and Key Personnel
Landscape
Enhancement
Proposal
AK Landscaping
Maintenance
Inc.
Staffing
Irrigation Specialist: Julian Alvarez
Role and Responsibilities:
System Design and Installation: Design and oversee the installation of efficient irrigation
systems, ensuring proper coverage and water conservation.
Maintenance and Troubleshooting:Monitor and maintain irrigation systems,
addressing any malfunctions or issues to ensure optimal performance.
Water Management:Provide recommendations for water management strategies to align
with sustainable practices and local water regulations.
Each member brings specialized skills and experience to ensure the successful execution of the "Parks
and Landscape Enhancement" project. Their roles and responsibilities are designed to provide
comprehensive support and ensure that all aspects of the project are managed effectively.
8364
Firm Staffing and Key Personnel
Landscape
Enhancement
Proposal
AK Landscaping
Maintenance
Inc.
Key Personnel
Mike Arechiga, CEO
Mike is a proud native to the Coachella valley with 40+ years in the landscape maintenance and
construction industry. Mike founded AK landscaping in 1989 and later received his C-27 contracting
license in 1998. Since then Mike has continued to expand his organization to 100+ employees alongside
the second generation sons Eric, Michael, and Martin.
Eric Arechiga, President
Eric oversees the landscape maintenance accounts. Eric has a BA in Business Economics from California
state university of Fullerton. Eric has also attended numerous horticultural and turf grass management
classes at COD and is set to complete two associates degrees in the spring of 2025. Eric is also receiving
the following Certificates from COD:
Arborists Technician Certificate
Landscape Irrigation Technician Certificate
Pest Management Certificate
Turfgrass management Technician Certificate
Michael Arechiga, Vice President
Michael oversees landscape construction projects. Michael is a native to the Coachella valley having
grown up in Palm Desert. He has over 12 Years of landscape construction experience. Michael is involved
in overseeing business development alongside Eric Arechiga. Ensuring a strong future for the
organization and clients of AK Landscaping.
Martin Arechiga, Lead Designer
Martin is involved in overseeing the design process of landscape construction Projects. He has worked in
landscape design for 10+ years. Working alongside brothers Eric and Michael Arechiga to ensure that all
installs are visually pleasing and tolerable of our desert climate. Together they have overseen over
300,000 Square feet of desert landscape conversions since 2022.
9365
Team Organization
Landscape
Enhancement
Proposal
AK Landscaping
Maintenance
Inc.
10366
Proposed Method to Accomplish the Work
Landscape
Enhancement
Proposal
AK Landscaping
Maintenance
Inc.
Our approach is designed to meet the City's efforts to expedite task orders while meeting requirements
for installation, repairs, maintenance, and enhancements of both parks and/or landscape areas. This
approach integrates thorough planning for each individual task ordered. Our team will leverage our
expertise and experience in horticulture, landscape design, and project management to deliver high
quality results that align with the City's goals and expectations.
It is through the utilization of our diverse and qualified workforce AK landscaping is confident in meeting
the performance requirements for the services we offer. Our Full-time account manager will be
responsible for coordinating client request to crew leaders. While our experienced foreman's
responsibility will be to oversee the scheduling of task to be completed by our work teams. Our work
teams are experienced in all areas of landscape and golf maintenance.
Including the following:
irrigation maintenance, repairs, and installation
Sod Preparation and installation
Topdressing
Median landscape and assessment district Improvements
Plant material installation
Mow curb and related concrete improvements
Small - Large Landscape projects
11367
368
369
370
Contract No. ___________
1
Revised 10-2024
BBK 72500.00001\32374943.1
CITY OF PALM DESERT
MAINTENANCE SERVICES AGREEMENT
1. Parties and Date. This Agreement is made and entered into this 1st day of December,
2024, by and between the City of Palm Desert, a municipal corporation organized under the laws
of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm
Desert, California 92260-2578, (“City”) and AK Landscaping, a Corporation, with its principal
place of business at 42929 Madio Street, Indio, CA 92201 ("Vendor"). The City and Vendor are
sometimes individually referred to herein as "Party" and collectively as "Parties."
2. Recitals.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing maintenance services to public clients,
that it and its subcontractors have all necessary licenses and permits to perform the services in
the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract
any portion of the work required by this Agreement, except as expressly stated herein, without
prior written approval of City. Subcontracts, if any, shall contain a provision making them subject
to all provisions stipulated in this Agreement.
2.2 Project.
The City is a public agency of the State of California and is in need of services for the
following project:
Parks and Landscape Enhancement Project
Project No. CPK00003
(hereinafter referred to as “the Project”).
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the
City all labor, materials, tools, equipment, services, and incidental and customary work necessary
to fully and adequately supply the maintenance services necessary for the Project (“Services”).
The Services are more particularly described in Exhibit “A” attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable
local, state, and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from December 1, 2024, to June
30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option,
at its sole discretion, to renew this Agreement automatically for no more than 2 additional one-
year terms. Contractor shall complete the Services within the term of this Agreement and shall
meet any other established schedules and deadlines. The Parties may, by mutual, written
consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine the
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means, methods, and details of performing the Services subject to the requirements of this
Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Any personnel performing the Services under this Agreement on behalf of Contractor shall not be
employees of City and shall at all times be under Contractor’s exclusive direction and control.
Contractor shall pay all wages, salaries, and other amounts due such personnel in connection
with their performance of Services under this Agreement and as required by law. Contractor shall
be responsible for all reports and obligations respecting such additional personnel, including, but
not limited to social security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and
timely manner in accordance with each Task Order set forth in Exhibit “B” attached hereto and
incorporated herein by reference. Contractor represents that it has the professional and technical
personnel required to perform the Services in conformance with such conditions. Upon request
of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the
Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor
shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates Brad Chuck, Landscape
Supervisor, or his or her designee, to act as its representative for the performance of this
Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf
of the City for all purposes under this Agreement except for increasing compensation. Contractor
shall not accept direction or orders from any person other than the City’s Representative or his or
her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Eric Arechiga,
President, or his or her designee, to act as its representative for the performance of this
Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority
to represent and act on behalf of the Contractor for all purposes under this Agreement. The
Contractor’s Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means, methods, techniques, sequences, and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in
the performance of Services and shall be available to City’s staff, consultants, and other staff at
all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Contractor warrants that all employees and subcontractors
shall have sufficient skill and experience to perform the Services assigned to them. Finally,
Contractor represents that it, its employees, and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Services,
including a City Business License, and that such licenses and approvals shall be maintained
throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and
without reimbursement from the City, any services necessary to correct errors or omissions which
are caused by the Contractor’s failure to comply with the standard of care provided for herein.
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Any employee of the Contractor or its sub-contractors who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform
and complete all Services under this Agreement within the term set forth in Section 3.1.2 above
(“Performance Time”). Contractor shall perform the Services in strict accordance with any
completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or
which may be provided separately in writing to the Contractor. Contractor agrees that if the
Services are not completed within the aforementioned Performance Time and/or pursuant to any
such completion schedule or Project milestones developed pursuant to provisions of this
Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant
to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated
damages, and not as a penalty, the sum of Two-Hundred and Fifty Dollars ($250.00) per day for
each and every calendar day of delay beyond the Performance Time or beyond any completion
schedule or Project milestones established pursuant to this Agreement.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work
done, of any work omitted, or of any extra work which Contractor may be required to do or
respecting the size of any payment to Contractor during the performance of this Contract,
Contractor shall continue to perform the Work while said dispute is decided by the City. If
Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided
by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall
keep itself fully informed of and in compliance with all local, state, and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for
all violations of such laws and regulations in connection with the Services and this Agreement. All
violations of such laws and regulations shall be grounds for the City to terminate the Agreement
for cause. City is a public entity of the State of California subject to certain provisions of the Health
& Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is
stipulated and agreed that all provisions of the law applicable to the public contracts of a
municipality are a part of this Agreement to the same extent as though set forth herein and will be
complied with.
3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully
complies with all requirements and restrictions of state and federal law respecting the employment
of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time and shall require all subconsultants and sub -
subconsultants to comply with the same. Contractor certifies that it has not committed a violation
of any such law within the five (5) years immediately preceding the date of execution of this
Agreement and shall not violate any such law at any time during the term of the Agreement.
3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Workers’ Compensation or to undertake self-insurance
in accordance with the provisions of that Code and agrees to comply with such provisions before
commencing the performance of the Services.
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3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer, and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination. Contractor shall comply with all relevant provisions of City’s Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in
effect or hereinafter enacted.
3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws,
rules and regulations in furnishing or using equipment and/or providing services, including, but
not limited to, emissions limits and permitting requirements imposed by the California Air
Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and
requirements’ application to “portable equipment”, which definition is considered by CARB to
include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against
any fines or penalties imposed by CARB or any other governmental or regulatory agency for
violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others
for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.5 Water Quality Management and Compliance. To the extent
applicable, Contractor’s Services must account for, and fully comply with, all local, state and
federal laws, rules and regulations that may impact water quality compliance, including, without
limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300);
the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency and the State Water Resources
Control Board; the City’s ordinances regulating discharges of storm water; and any and all
regulations, policies, or permits issued pursuant to any such authority regulating the discharge of
pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or
surface water in the State. Failure to comply with the laws, regulations and policies described in
this Section is a violation of law that may subject Contractor to penalties, fines, or additional
regulatory requirements.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Contractor’s
indemnification of City, and prior to commencement of the Services, Contractor shall obtain,
provide, and maintain at its own expense during the term of this Agreement, policies of insurance
of the type and amounts described below and in a form that is satisfactory to City.
(A) General Liability Insurance. Contractor shall maintain
commercial general liability insurance with coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must includ e
contractual liability that has not been amended. Any endorsement restricting standard ISO
“insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Contractor arising out of or in connection
with Work to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
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accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant
will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
(C) Umbrella or Excess Liability Insurance. Contractor may opt to
utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury, and property damage liability
coverage at least as broad as the primary coverages set forth above, including commercial
general liability and employer’s liability. Such policy or policies shall include the following terms
and conditions:
(a) A drop-down feature requiring the policy to
respond if any primary insurance that would
otherwise have applied proves to be uncollectible in
whole or in part for any reason;
(b) Pay on behalf of wording as opposed to
reimbursement;
(c) Concurrency of effective dates with primary
policies; and
(d) Policies shall “follow form” to the underlying
primary policies.
(e) Insureds under primary policies shall also be
insureds under the umbrella or excess policies.
(D) Workers’ Compensation Insurance. Contractor shall maintain
Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with
limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed
officers, and their respective agents, officials, employees, volunteers, and representatives.
(E) Fidelity Coverage. Reserved.
(F) Cyber Liability Insurance. Reserved.
a) Liability arising from the theft, dissemination
and/or use of confidential or personally identifiable information; including credit monitoring and
regulatory fines arising from such theft, dissemination, or use of confidential information.
b) Network security liability arising from the
unauthorized use of, access to, or tampering with computer systems.
c) Liability arising from the failure of technology
products (software) required under the contract for Vendor to properly perform the services
intended.
d) Electronic Media Liability arising from personal
injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-
linking or framing, and infringement or violation of intellectual property rights.
e) Liability arising from the failure to render
professional services.
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If coverage is maintained on a claims-made basis, Contractor shall maintain such coverage for
an additional period of three (3) years following termination of the Agreement.
(G) Pollution Liability Insurance. Environmental Impairment Liability
Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to
the City providing coverage for liability arising out of sudden, accidental, and gradual pollution
and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the
aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the
policy as “covered operations”. The policy shall provide coverage for the hauling of waste from
the Project site to the final disposal location, including non-owned disposal sites.
3.2.11.2 Other Provisions and Requirements.
(A) Proof of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers’ compensation. Insurance certificates and endorsements
must be approved by City’s Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required insurance policies, at
any time.
(B) Duration of Coverage. Contractor shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the work hereunder by
Contractor, his/her agents, representatives, employees, or subconsultants.
(C) Primary/Non-Contributing. Coverage provided by Contractor
shall be primary and any insurance or self-insurance procured or maintained by City shall not be
required to contribute with it. The limits of insurance required herein may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary
and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance
shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of
insurance required under this Agreement does not comply with these specifications, or is
canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will
withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City
may cancel this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by
an insurance company currently authorized by the Insurance Commissioner to transact business
of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger)
in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by
the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its
elected or appointed officers, and their respective agents, officials, employees, volunteers, and
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representatives, or shall specifically allow Contractor or others providing insurance evidence in
compliance with these specifications to waive their right of recovery prior to a loss. Contractor
hereby waives its own right of recovery against the City, its elected or appointed officers, and their
respective agents, officials, employees, volunteers, and representatives, and shall require similar
written express waivers and insurance clauses from each of its subcontractors.
(G) Enforcement of Contract Provisions (non estoppel). Contractor
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Contractor of non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to a given
issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for the higher limits maintained
by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
(I) Notice of Cancellation. Contractor agrees to oblige its insurance
agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except
for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(J) Additional Insured Status. General liability, automobile liability,
and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to
provide that the City, its elected or appointed officers, and their respective agents, officials,
employees, volunteers, and representatives, shall be additional insureds under such policies. This
provision shall also apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of the
coverages required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
(L) Separation of Insureds. A severability of interests provision must
apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to
each insured against whom claim is made or suit is brought, except with respect to the insurer’s
limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(M) Pass Through Clause. Contractor agrees to ensure that its sub-
consultants, sub-contractors, and any other party involved with the Project who is brought onto or
involved in the project by Contractor, provide the same minimum insurance coverage and
endorsements required of Contractor. Contractor agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contractor agrees that upon request, all agreements with
consultants, subcontractors, and others engaged in the Project will be submitted to City for review.
(N) City’s Right to Revise Specifications. The City or its Risk
Manager reserves the right at any time during the term of the contract to change the amounts and
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types of insurance required by giving the Contractor ninety (90) days advance written notice of
such change. If such change results in cost to the Contractor, the City and Contractor may
renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the
change shall go into effect immediately and require no advanced written notice.
(O) Self-Insured Retentions. Any self-insured retentions must be
declared to and approved by City. City reserves the right to require that self-insured retentions be
eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply
with these specifications unless approved by City.
(P) Timely Notice of Claims. Contractor shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from Contractor’s
performance under this Agreement, and that involve or may involve coverage under any of the
required liability policies.
(Q) Additional Insurance. Contractor shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the work.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its Services, the Contractor shall at all times
be in compliance with all applicable local, state and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to the nature of the
work and the conditions under which the work is to be performed. Safety precautions, where
applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.2.13 Bonds.
3.2.13.1 Performance Bond. If required by law or otherwise specifically
requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor
shall execute and provide to City concurrently with this Agreement a Performance Bond in the
amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form
provided or approved by the City. If such bond is required, no payment will be made to Contractor
until it has been received and approved by the City.
3.2.13.2 Payment Bond. If required by law or otherwise specifically
requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor
shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount
of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or
approved by the City. If such bond is required, no payment will be made to Contractor until it has
been received and approved by the City.
3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become
insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the
affected bond within ten (10) days of receiving notice from City. In the event the surety or
Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written
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notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least
ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due
or will be made under this Agreement until any replacement bonds required by this Section are
accepted by the City. To the extent, if any, that the total compensation is increased in accordance
with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds
to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to
the City. To the extent available, the bonds shall further provide that no change or alteration of
the Agreement (including, without limitation, an increase in the total compensation, as referred to
above), extensions of time, or modifications of the time, terms, or conditions of payment to the
Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City
may terminate this Agreement for cause.
3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety
insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety
must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and
satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these
requirements, the insurer will be considered qualified if it is in conformance with Section 995.660
of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.14 Accounting Records. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Contractor shall allow a representative of City during normal business
hours to examine, audit, and make transcripts or copies of such records and any other documents
created pursuant to this Agreement. Contractor shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.2.15 Work Sites.
3.2.15.1 Inspection of Site. Contractor shall visit sites where Services are
to be performed and shall become acquainted with all conditions affecting the Services prior to
commencing the Services. Contractor shall make such examinations as it deems necessary to
determine the condition of the work sites, its accessibility to materials, workmen and equipment,
and to determine Contractor’s ability to protect existing surface and subsurface improvements.
No claim for allowances–time or money–will be allowed as to such matters after commencement
of the Services.
3.2.15.2 Field Measurements. Contractor shall make field measurements,
verify field conditions, and shall carefully compare such field measurements and conditions and
other information known to Contractor with the Contract, including any plans, specifications, or
scope of work before commencing Services. Errors, inconsistencies, or omissions discovered
shall be reported to the City immediately and prior to performing any Services or altering the
condition.
3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor
encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic
wastes, hazardous substances and hazardous materials as defined in California state or federal
law at the site which have not been rendered harmless, the Contractor shall immediately stop
work at the affected area and shall report the condition to the City in writing. The City shall contract
for any services required to directly remove and/or abate PCBs, hazardous substances, other
toxic wastes, and hazardous materials, and shall not require the Contractor to subcontract for
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such services. The Services in the affected area shall not thereafter be resumed except by written
agreement of the City and Contractor.
3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage
which may arise out of the nature of the Services agreed to herein, or from the action of the
elements, or from any unforeseen difficulties which may arise or be encountered in the
prosecution of the Services until the same is fully completed and accepted by City.
3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for
purposes of this Section shall be deemed to include unauthorized work which has not been
removed and any non-conforming materials incorporated into the work) to be of good quality and
free from any defective or faulty material and workmanship. Contractor agrees that for a period of
one year (or the period of time specified elsewhere in the Agreement or in any guarantee or
warranty provided by any manufacturer or supplier of equipment or materials incorporated into
the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10)
days after being notified in writing by the City of any defect in the Services or non-conformance
of the Services to the Agreement, commence and prosecute with due diligence all Services
necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act
sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its
sole cost and expense, repair and replace any portions of the work (or work of other contractors)
damaged by its defective Services or which becomes damaged in the course of repairing or
replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct
defective work shall be reinstated for an additional one (1) year period, commencing with the date
of acceptance of such corrected work. Contractor shall perform such tests as the City may require
to verify that any corrective actions, including, without limitation, redesign, repairs, and
replacements comply with the requirements of the Agreement. All costs associated with such
corrective actions and testing, including the removal, replacement, and reinstitution of equipment
and materials necessary to gain access, shall be the sole responsibility of the Contractor. All
warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any
portion of the work, whether express or implied, are deemed to be obtained by Contractor for the
benefit of the City, regardless of whether or not such warranties and guarantees have been
transferred or assigned to the City by separate agreement and Contractor agrees to enforce such
warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails
to perform its obligations under this Section, or under any other warranty or guaranty under this
Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and
replace any defective or non-conforming work and any work damaged by such work or the
replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to
fully reimburse the City for any expenses incurred hereunder upon demand.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit
“C” attached hereto and incorporated herein by reference. The maximum compensation for
Services to be provided pursuant to each approved Task Order shall be set forth in the relevant
Task Order. The total compensation, in the aggregate, shall not exceed Seven Hundred Fifty
Thousand Dollars ($750,000) without written approval of the City Council or City Manager, as
applicable.
3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices
which provides a detailed description of the Services and hours rendered by Contractor. City shall,
within thirty (30) days of receiving such statement, review the statement and pay all non-disputed
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and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from
the last date of provided Services or termination of this Agreement and failure by the Contractor
to submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not
constitute acceptance of any Services completed by Contractor. The making of final payment
shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.3.2.1 Retainer. From each approved progress estimate, five percent (5%) will be
deducted and retained by the City, and the remainder will be paid to Contractor. All Agreement
retainage shall be released and paid to the Contractor and subcontractors pursuant to California
Public Contract Code Section 7107. Contractor shall furnish City with labor and material releases
from all subcontractors performing work on, or furnishing materials for, the work governed by this
Agreement prior to final payment by City.
3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress
payment an amount necessary to protect City from loss because of: (1) stop payment notices as
allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums
representing expenses, losses, or damages as determined by the City, incurred by the City for
which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled
to recover from Contractor under the terms of the Agreement or pursuant to state law, including
Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums
from a progress payment shall not constitute a waiver of the City's right to such sums.
3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.5 Extra Work. At any time during the term of this Agreement, City may request
that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is
determined by City to be necessary for the proper completion of the Project, but which the parties
did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor
shall not perform, nor be compensated for, Extra Work without written authorization from City’s
Representative.
3.3.6 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing
wage rates and the performance of other requirements on “public works” and “maintenance”
projects. If the Services are being performed as part of an applicable “public works” or
“maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is
$15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall
provide Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Contractor shall make copies of the prevailing rates of per
diem wages for each craft, classification or type of worker needed to execute the Services
available to interested parties upon request and shall post copies at the Contractor’s principal
place of business and at the Project site. Contractor shall defend, indemnify, and hold the City,
its elected or appointed officers, and their respective agents, officials, employees, volunteers and
representatives free and harmless from any claim or liability arising out of any failure or alleged
failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and
all subcontractors to comply with all California Labor Code provisions, which include but are not
limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of
apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4
and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors
and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll
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records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to
work performed on a public works project that is exempt pursuant to the small project exemption
specified in Labor Code Section 1771.4.
3.3.7 Registration/DIR Compliance. If the Services are being performed as part of
an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or
more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all
subcontractors performing such Services must be registered with the Department of Industrial
Relations. Contractor shall maintain registration for the duration of the Project and require the
same of any subcontractors, as applicable. This Project may also be subject to compliance
monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s
sole responsibility to comply with all applicable registration and labor compliance requirements.
Any stop orders issued by the Department of Industrial Relations against Contractor or any
subcontractor that affect Contractor’s performance of Services, including any delay, shall be
Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Contractor caused delay and shall not be compensable by the City. Contractor
shall defend, indemnify, and hold the City, its elected or appointed officers, and their respective
agents, officials, employees, volunteers, and representatives free and harmless from any claim
or liability arising out of stop orders issued by the Department of Industrial Relations against
Contractor or any subcontractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate
the whole or any part of this Agreement at any time and without cause by giving written notice to
Contractor of such termination, and specifying the effective date thereof, at least seven (7) days
before the effective date of such termination. Upon termination, Contractor shall be compensated
only for those Services which have been adequately rendered to City, and Contractor shall be
entitled to no further compensation. Contractor may not terminate this Agreement except for
cause.
3.4.2 Conflict of Interest. The Contractor covenants that any and all relationships
with construction firms that may submit bids for projects developed under this agreement will
require full disclosure of any direct or indirect conflicts of interest, financial interests, relationships,
and the nature of any relationships with any related project bid submitters; and that any violation
of this provision may result in the immediate termination of the Agreement
3.4.3 Effect of Termination. If this Agreement is terminated as provided herein, City
may require Contractor to provide all finished or unfinished information of any kind prepared by
Contractor in connection with the performance of Services under this Agreement. Contractor shall
be required to provide such document and other information within fifteen (15) days of the request.
3.4.4 Additional Services. In the event this Agreement is terminated in whole or in
part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
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Contractor: AK Landscaping
42929 Madio Street
Indio, CA 92201
ATTN: Eric Arechiga, President
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Brad Chuck, Landscape Supervisor
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their
respective agents, officials, employees, volunteers and representatives free and harmless from
any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses,
liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or
equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or
persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining
to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials,
officers, employees, subcontractors, consultants or agents in connection with the performance of
the Services, the Project or this Agreement, including without limitation the payment of all expert
witness fees, attorneys’ fees and other related costs and expenses except such Claims caused
by the sole or active negligence or willful misconduct of the City.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with
counsel of City’s choosing and at Contractor’s own cost, expense, and risk, any and all Claims
covered by this section that may be brought or instituted against the City, its elected or appointed
officers, and their respective agents, officials, employees, volunteers and representatives. In
addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered
against the City, its elected or appointed officers, and their respective agents, officials, employees,
volunteers, and representatives as part of any such claim, suit, action, or other proceeding.
Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or
appointed officers, and their respective agents, officials, employees, volunteers, and
representatives as part of any such claim, suit, action, or other proceeding. Such reimbursement
shall include payment for City’s attorney’s fees and costs, including expert witness fees.
Contractor shall reimburse the City, its elected or appointed officers, and their respective agents,
officials, employees, volunteers, and representatives, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and
shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its
elected or appointed officers, and their respective agents, officials, employees, volunteers, and
representatives.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall
be governed by the laws of the State of California. Venue shall be in Riverside County. In addition
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to any and all Agreement requirements pertaining to notices of and requests for compensation or
payment for extra work, disputed work, claims and/or changed conditions, Contractor must
comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing
any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based
upon the Government Code claims shall be limited to those matters that remain unresolved after
all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have
been followed by Contractor. If no such Government Code claim is submitted, or if any
prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor
shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of this
Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other
contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer,
either directly or by operation of law, this Agreement or any interest herein without the prior written
consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates
or transferees shall acquire no right or interest by reason of such attempted assignment,
hypothecation or transfer.
3.5.8 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not
workdays. All references to Contractor include all personnel, employees, agents, and
subcontractors of Contractor, except as otherwise specified in this Agreement. All references to
the City include its elected or appointed officers, and their respective agents, officials, employees,
volunteers, and representatives except as otherwise specified in this Agreement. The captions of
the various articles and paragraphs are for convenience and ease of reference only, and do not
define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.9 Amendment; Modification. No supplement, modification or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel or otherwise.
3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in
Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed
by the Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
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3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not
paid, nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer, or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings, or agreements. This Agreement may only be modified by a writing signed by both
parties.
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SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND AK LANDSCAPING
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
AK LANDSCAPING, A CORPORATION
By:
Mike Arechiga
CEO
By:
Eric Arechiga
President
754934
Contractor’s License Number and
Classification
DIR Registration Number (if applicable)
City Clerk QC: _____
Contracts QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
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Exhibit “A”
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BBK 72500.00001\32374915.1
EXHIBIT “A”
SCOPE OF SERVICES
The Proposer to be knowledgeable in the installation, repair, and maintenance of the following
park and landscape items:
Landscape and Irrigation maintenance, repair, and installation
Sod preparation and installation
Topdressing of sports turf
Park amenities material installation (sand volleyball courts, baseball infields, etc.)
Minor playground repairs
Park site furnishing repairs and installation
Medians landscape improvements
Assessment Districts improvements
Tree and shrub planting
Mow curb and related concrete repairs
Installation of cobble and inorganics
Proper traffic control as defined in the WATCH handbook
Small scale landscape projects
The scope of services is not limited to the items listed above. In addition, more detailed work
may be required, such as installation and programming of Smart Controllers, troubleshooting
faulty irrigation wires, repairing and programming two-wire irrigation systems, leveling and
grading, and other specialty work associated with park and landscape maintenance
The City intends to award the contract as a 3-year agreement with an option of (2) one-year
extensions, subject to funding availability and City Council approval. The Agreement shall not
exceed Seven Hundred Fifty Thousand Dollars ($750,000.00) per fiscal year for performance of
said Services.
No Services shall be performed by the Contractor unless authorized by the City and by a fully
executed Task Order.
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EXHIBIT “B” TASK ORDER FORM SAMPLE
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Exhibit “B”
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EXHIBIT “B” TASK ORDER FORM SAMPLE
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Exhibit “C”
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BBK 72500.00001\32374915.1
EXHIBIT “C”
COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above
may be increased or reduced each year at the time of renewal, but any increase shall not exceed
the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties. The
City and Contractor may review the CPI on an annual basis and recommend adjustments to the
City Manager or City Council for approval. Any increase shall not exceed the Consumer Price
Index.
The maximum compensation for Services to be provided pursuant to each Task Order shall be
set forth in the relevant Task Order. The total compensation, in the aggregate, shall not exceed
Seven Hundred Fifty Thousand Dollars ($750,000) without written approval of the City Council
or City Manager, as applicable.
Pricing schedule is as follows:
Position Hourly Rate
Irrigator $55.00
Foreman $60.00
Laborer $50.00
Supervisor $75.00
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded
to AK Landscaping, (hereinafter referred to as the “Contractor”) an agreement for Parks and
Landscape Enhancement Project (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in
the Contract Documents for the Project dated December 1, 2024, (hereinafter referred to as
“Contract Documents”), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms
thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, AK Landscaping, 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 Seven Hundred Fifty Thousand Dollars, ($$750,000), said sum
being not less than one hundred percent (100%) of the total amount of the Contract, for which
amount well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all
materials and workmanship; and shall indemnify and save harmless the City, its elected or
appointed officers, and their respective agents, officials, employees, volunteers and
representatives, as stipulated in said Contract Documents, then this obligation shall become null
and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship,
Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder
shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s
rights or the Contractor or Surety’s obligations under the Contract, law, or equity, including, but
not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or
shall promptly, at the City’s option:
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(1) Take over and complete the Project in accordance with all terms and conditions in the
Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
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.
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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
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do so must be attached hereto.
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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
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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
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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 October 24, 2024, has awarded to AK Landscaping, hereinafter
designated as the “Principal,” a contract for the work described as follows:
Parks and Landscape Enhancement 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 December 1, 2024, (“Contract Documents”), the terms
and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the Surety
on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety,
are held and firmly bound unto the City in the penal sum of Seven Hundred Fifty Thousand Dollars,
($750,000) lawful money of the United States of America, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of
the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or
other supplies, used in, upon, for or about the performance of the work contracted to be done, or
for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance
Code with respect to work or labor performed under the contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department or Franchise
Tax Board from the wages of employees of the contractor and his subcontractors pursuant to
Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety
or Sureties will pay for the same, in an amount not exceeding the sum herein above specified,
and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such
suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation
expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the
Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon
this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
pertaining or relating to any scheme or work of improvement herein above described, or pertaining
or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or
modification of any terms of payment or extension of the time for any payment pertaining or
397
Contract No. ___________
Revised 10-2024
BBK 72500.00001\32374915.1
relating to any scheme or work of improvement herein above described, nor by any rescission or
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or
subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to
recover under any such contract or agreement or under the bond, nor by any fraud practiced by
any person other than the claimant seeking to recover on the bond and that this bond be construed
most strongly against the Surety and in favor of all persons for whose benefit such bond is given,
and under no circumstances shall Surety be released from liability to those for whose benefit such
bond has been given, by reason of any breach of contract between the owner or City and original
contractor or on the part of any obligee named in such bond, but the sole conditions of recovery
shall be that claimant is a person described in Section 9100 of the Civil Code, and has n ot 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]
398
Contract No. ___________
Revised 10-2024
BBK 72500.00001\32374915.1
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.
399
Contract No. ___________
Revised 10-2024
BBK 72500.00001\32374915.1
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
400
Contract No. ___________
Revised 10-2024
BBK 72500.00001\32374915.1
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
401
402
City of Palm Desert
PW - Operations & Maintenance
Randy Chavez, Deputy Director
73-510 Fred Waring Drive, Palm Desert, CA 92260
[EXCEL LANDSCAPE INC.] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-132
Parks And Landscape Enhancement Project
RESPONSE DEADLINE: September 4, 2024 at 5:00 pm
Report Generated: Tuesday, September 10, 2024
Excel Landscape Inc. Response
CONTACT INFORMATION
Company:
Excel Landscape Inc.
Email:
marty@excellandscape.com
Contact:
Marty Fox
Address:
1185 Magnolia Ave. Ste E400
Corona, CA 92879
Phone:
N/A
Website:
N/A
Submission Date:
Sep 3, 2024 2:57 PM (Pacific Time)
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Parks And Landscape Enhancement Project
[EXCEL LANDSCAPE INC.] RESPONSE DOCUMENT REPORT
Request For Proposal - Parks And Landscape Enhancement Project
Page 2
ADDENDA CONFIRMATION
Addendum #1
Confirmed Sep 3, 2024 7:25 PM by Marty Fox
QUESTIONNAIRE
1. Proposal (WITHOUT COST)*
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organ ized and
include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include:
A. Cover Letter
1. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of
the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone
number authorized to negotiate Agreement terms and compensation.
B. Experience and Technical Competence
1. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s
experience with similar Service as described in this RFP.
2. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this
RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact
person.
C. Firm Staffing and Key Personnel
1. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as
well as your firm’s capacity to provide additional personnel as needed.
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Parks And Landscape Enhancement Project
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Request For Proposal - Parks And Landscape Enhancement Project
Page 3
2. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and
responsibility of each individual.
3. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel.
4. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor
that is anticipated to perform each function.
D. Proposed Method to Accomplish the Work
1. Describe the technical and management approach to providing the Services to the City. Proposer should take into account
the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and
deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described
herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the
discussion of its proposed method to accomplish the work.
Proposal_Final.pdf
2. Fee Proposal*
The fee proposal shall include hourly rates for all personnel for “Additional Work” (as such term is defined in the proposed Agreement
attached herein). Please provide hourly rates for the following positions at a minimum: Irrigator, Foreman, Laborer, Supervisor.
Fee_Proposal.pdf
3. Non-Collusion Declaration*
The undersigned declares:
I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organizat ion, or
corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder
to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone
else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by ag reement,
communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost
405
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RFP No. 2024-RFP-132
Parks And Landscape Enhancement Project
[EXCEL LANDSCAPE INC.] RESPONSE DOCUMENT REPORT
Request For Proposal - Parks And Landscape Enhancement Project
Page 4
element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, d irectly or
indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent there of to
effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liabil ity company,
limited liability partnership, or any other entity, hereby represents that he or she has fu ll power to execute, and does execute, this
declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Confirmed
4. Enter your valid CA Contractors State License Board (CSLB) number*
Please enter your License Number here. This will be verified against the state database.
694553
Click to Verify Value will be copied to clipboard
5. Enter your California Department of Industrial Relations (DIR) Registration number*
Please enter your Public Works Contractor DIR Number. This will be verified against the state database.
1000007099
Click to Verify Value will be copied to clipboard
6. Type of Business*
S Corporation (if corporation, two signatures are required)
7. Litigation*
Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5)
years (or type "N/A").
406
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RFP No. 2024-RFP-132
Parks And Landscape Enhancement Project
[EXCEL LANDSCAPE INC.] RESPONSE DOCUMENT REPORT
Request For Proposal - Parks And Landscape Enhancement Project
Page 5
N/A
8. Changes to Agreement*
The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify any
objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are
identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may effect
theCity's decision to enter into an Agreement.
N/A
9. No Deviations from the RFP*
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited
to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection o f the
proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification
provisions therein (or type "N/A").
Maximum response length: 5000 characters
N/A
10. Project Team Resumes*
Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualifications,
education, and professional licensing.
RESUME_JASON.pdf
11. List the Signatory(s) Authorized to Sign and Bind an Agreement.*
(If two (2) signatures are required, include the following information for both signatories)
A. Full Name
B. Title
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Request For Proposal - Parks And Landscape Enhancement Project
Page 6
C. Physical Business Address
D. Email Address
E. Phone Number
Joe Alfaro
President
710 Rimpau St., Corona CA 92879
joe@excellandscape.com
951-735-9650
12. Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accord ance
with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.*
Confirmed
408
1
REQUEST FOR PROPOSAL
Prepared by:
Project No. 2024-RFP-132
2024 PARKS AND LANDSCAPE ENHANCEMENT PROJECT
409
2
INDEX
EXPERIENCE & TECHNICAL COMPETENCE 2
STAFFING & KEY PERSONNEL 3
METHOD TO ACCOMPLISH WORK 4
BONDING & BANK LETTERS 5
COVER LETTER 1
410
3
September 4, 2024
City of Palm Desert
73510 Fred Waring Dr.
Palm Desert, CA 92260-2578
Re: Request for Proposal for Parks and landscape enhancement project.
Dear Evaluation Committee,
I would like to thank you for the opportunity to submit our proposal for the above project. In the following pages please
find all the information you requested.
Excel Landscape has been providing quality landscape maintenance for municipal customers for more than 40 years. We
have a history of long term relationships with those customers, some for more than 20 years. We pride ourselves on those
relationships.
We feel that our experience with the City in other projects and our local pool of resources will be a benefit to the city. We
hope you will agree and allow us the opportunity to help with the park and landscape enhancement project.
Upon execution of the contract we will provide certificates of insurance for General Liability, Automotive and Workers
Compensation, along with Performance, Labor and Material Bonds.
Respectfully,
Jose Alfaro
Jose Alfaro, President
411
4
CURRENT OPERATIONS
SERVICES
CURRENT PROJECTS
REFERENCES
EXPERIENCE & TECHNICAL COMPETENCE
QUALIFICATIONS
PERSONNEL
EQUIPMENT
EXPERIENCE
412
5
QUALIFICATIONS
Licensed Pest Control Advisor
Licensed Pest Control Operator
Licensed Pest Control Applicator
CLCA “Expert” Certified Water Manager
Certified Recycled Water Supervisor
Insured With Best Rated “A”
First National Insurance Company of America
CLIA Certified Water Auditor
OSHA Compliant
State & Federal Labor Law Compliant
Certified Arborist #496
DIR Registration 1000007099
Licensed Contractor 694553 C-27 C-61/D-49
413
6
COMPANY PERSONNEL
Excel Landscape takes pride in our loyal staff and strives to
provide a work environment that encourages long-term employment, which is
why we continue to provide opportunities for the improvement and
advancement of our employees.
This is reflected in the low turnover of our staff in an industry where just the opposite is
typical. This is an advantage to our larger customers on projects that have permanent
full time crews, as the employees become familiar with specific requirements. Staff are
trained in the safety aspect of high traffic areas. Bi-weekly tailgate meetings are held
featuring safety as the number one focus.
F ol lowi ng is a list of o ur key personnel.
* Reclaimed Water Certified
PROJECT MANAGERS
24 Years QAL, Water Manager, *
Rainmaster & Calsense Certified
16 Years
QAL, Water Manager, Auditor & *
Jose Alfaro Jr.
24 Years
QAC, Auditor & * Hector Lopez
37 Years
Landscape Designer, QAC, Auditor & * Marty Fox
Jason Alfaro
SUPERVISORS
13 Years
Jorge Gasca* 14 Years
23 Years Gerardo Cardenas
26 Years Oscar Farias
25 Years
26 Years Arturo Serrato
13 Years Jesus Quintero
25 Years Genaro Villalpando*
OWNER/GENERAL MANGER
45 Years
PCA, QAL & Auditor Jose Alfaro Luis Silva
32 Years Vostok Bernal
Justino Murillo
414
7
224 Drivers, Operators and
Laborers
Martimiano Santiago
MECHANICS
13 Years Antonio Gaona
3 Years Felipe Martinez
2 Years Alfredo Hurtado
FOREMEN
CERTIFIED ARBORIST
30 Years
#496 Jim Borer
IR RIGATION TECHNIC IANS
26 Years Jesus Camarillo
15 Years Jesus Alferez
8 Years Ceasar Castro
7 Years Jose Anguiano
12 Years Rigoberto Chavez
11 Years Refugio Cruz
13 Years Ismael Morales
24 Years Roberto Cruz
7 Years Juan Aparicio
9 Years Jose Anguiano
6 Years Jose Garcia
8 Years Victor Ortiz
12 Years Carlos Fernandez
Emiliano Ceballos* 24 Years
4 Years Jose Aguilera
6 Years Jorge Gonzalez
9 Years Juan Vasquez
7 Years Gaudencio Mejia
6 Years Juan Franco
7 Years Jamie Moreno
7 Years Jesus Jimenez
5 Years Benjamin Miranda
5 Years Eliseo Gomez
6 Years Rigoberto Herrera*
2 Years
6 Years Filiberto Agulera
415
8
EQUIPMENT LIST COMPANY WIDE
Excel Landscape possesses a large variety of equipment. This
includes back up equipment at each service yard. If a piece of
equipment should fail we have a tow truck to pick up and deliver as soon
as called upon. This ensures uninterrupted service to our customers. (4) full
time mechanics work under the direction of the fleet manager to ensure
maintenance and repairs are done regularly and in a timely manner.
Tractors & Skid Steers 14
Tractor Specialty Attachments 21
· Aerators
· Aeravator
· Augers
· Bush Hogs
· Forklifts
· Power Rakes
· Rototilers
· Spreaders
· Sprayers
· Top Dressers
· TR3 Power Rake
· Turf Vacs
· Vrisimo Flailmower
Managers/Supervisors Trucks 20
Crew Trailers 62 Crew Trucks 86
Riding and Walk Behind Mowers 72
Blowers, Hedge Trimmers, Edgers & Weed Eaters 500+
Dump Trucks 12
Irrigation Technicians Trucks 19
416
9
Has been providing quality landscape
services in Southern California for over 45 years,
specializing in large scale municipal
maintenance.
Excel Landscape
Excel has completed a renovation of a 15
acre sports park with (2) soft ball fields, a
walking track, passive turf areas and the
conversion of (5) acres of turf to drought
tolerant plant material, that we re-designed for
the City of Murrieta.
Excel Landscape
designed and installed
Demonstration Gardens for (2)
local water agencies.
Recently we completed a contract with the
Inland empire Utilities Agency where we
maintained an award winning water wise
landscape at their Headquarters in Chino.
Excel Landscape designs, Instal ls and
maintains a large variety of landscape
projects.
Excel has designed and installed a new dog
park and a passive park for the City of
Claremont.
We currently maintain a
variety of parkways,
medians, slopes, open
space, parks with ball
fields, soccer fields and
synthetic turf fields for (13)
local agencies. This
includes many acres of
water wise and drought
tolerant plant material.
Currently we maintain over 100 acres of
drought tolerant landscape for the City of
Indio.
417
10
CURRENT OPERATIONS
SERVICES
· Maintenance
· Irrigation Management & Conversions
· Fertilization & Chemical Application
· Pest & Disease Control
· Sports Turf Management
· Synthetic Turf Maintenance
· Ball Field Maintenance
· Blue Line Stream Maintenance
· Equestrian Park Maintenance New Fuel Efficient Manager & Supervisor Trucks
· Water Wise Landscape Management
Blue Line Stream Low Water Use Irrigation Synthetic Turf Care
Irrigation Service Trucks Ball Field Prep Large Scale Mowing
· Design & Installation
418
11
REFERENCES
A COMPANY IS ONLY AS GOOD AS THE
RECOMMENDATIONS OF ITS CLIENTS
419
12
CITY OF ENCINITAS
1990-Present
760.633.2755 Ms. Annette Saul
asaul@encinitasca.gov
1990-2012, 2017-Present
909.399.5431
CITY OF CLAREMONT
Mr. Richard Hecker
rhecker@ci.claremont.ca.us
2001-Present
951.955.6652
COUNTY OF RIVERSIDE
Mr. Mike Franklin Mr. Mike Franklin
MFrqanklin@RIVco.org
1994-Present
951.461.6124
CITY OF MURRIETA
Mr. George Moring
GMoring@murrietaca.gov
CITY OF CHINO HILLS
1990-Present
909.3642802 Mr. Sean O’Conner
Soconnor@chinohills.org
CITY OF YUCAIPA
2013-Present
909.797.2489 Mr. Steve Frenken
Sfrenken@yucaipa.org
CITY LAKE ELSINORE
1997-Present
951.674.5170
Mr. Chris Erickson
cerickson@lake-elsinore.org
2012-Present
760.346.0611
CITY OF PALM DESERT
Mr. Randy Chavez
rchavez@cityofpalmdesert.org
REFERENCES
CITY OF INDIO
2008-Present
760.391.4199
Mr. Mike Edgar
Medgar@indio.org
420
13
CURRENT PROJECTS
Ongoing
Maintenance
Contracts
75 of work with
Public Agencies 38%
Projects similar to the City of Palm Desert
CITY OF MURRIETA
One Town Square
Murrieta CA
951.461.6124
· 46 parks
· 4 sports parks
· Equestrian Center
· All City Facilities
· Totaling over 700 acres
Mr. George Moring
421
14
CITY OF CLAREMONT
1616 Monte Vista
Claremont CA
909.309.5431
· 19 Parks
· 5 Ball Fields
· 9 Soccer Fields
· 2 Community Centers
· Down Town Village
· City Hall
· Cemetery
· Totaling Over 200
Acres
Mr. Richard Hecker
505 S. Vulcan Ave.
Encinitas, CA 92024
760.633.2747
· 20 Parks over 100 Acres
· Over 40 miles of Trails
· 10 miles of Streetscapes
· Over 40 Acres of Beaches
CITY OF ENCINETAS
Ms. Annette Saul
422
15
CITY OF CHINO HILLS
1400 City Center Dr.
Chino Hills CA
909.364.2802
· (27) Neighborhood Parks
· (2) Dog Parks
· Slopes, Medians & Park-
ways
· Totaling Over 200 Acres
Mr. Sean O’Conner
CITY OF INDIO
100 Civic Center Mall
Indio CA
760.391.4199
· 15 Parks
· 4 Sports Complexes
· 6 Ball Fields
· 10 Soccer Fields
· 18 Basins
· Parkways & Medians
Totaling Over 100
Acres
Mr. Mike Edgar
423
16
STAFFING & KEY PERSONNEL
STAFFING
STAFFING FOR THIS CONTRACT
424
17
STAFFING
Available as needed
PROJECT/QUALITY CONTOL MANAGER
· Licensed C-27, C-61/D49
· Licensed QAL
· CLCA Certified Water Manager
· Certified Irrigation Auditor
· Q.W.E.L
· Reclaimed Water Certified
16 Years Experience
909.208.9269 Jason Alfaro
GENERAL MANAGER
45 Years Experience
909.208.9901 Jose Alfaro
· CLCA Certified Water Manager
· Licensed PCA
· Licensed QAL
· Water Auditor
· Hardscape installation/renovations
· Irrigation up-grades
CONSTRUCTION CREW
Miguel Ramos 20 Years Experience
+(1) Laborer
· Landscape installation/renovation/conversion
· Irrigation conversions/retro fit
· Sports field renovations
LANDSCAPE IMPROVEMENT CREW
26 Years Experience
+(2) Laborer Jose Padilla
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18
STAFFING FOR THIS CONTRACT
Excel Landscape understands this is a
performance based contract. We will add
resources when and where necessary to
comply with the contract requirements.
13 Years Experience Luis Silva
SUPERVISOR
· Over see all daily and weekly tasks
· Assist with compleƟon of all contractual obligaƟons
· Meet with City inspectors as needed to go over concerns
regarding maintenance
IRRIGATION TECH
4 Years Experience Jose Aguilera
· Inspect, adjust and repair irrigaƟon
FOREMAN
4 Years Experience Caesar Castro
· Over see all daily and weekly tasks
· Assist with compleƟon of all contractual obligaƟons
· Meet with City inspectors as needed to go over con-
cerns regarding maintenance
426
19
EQUIPMENT FOR THIS CONTRACT
QUALITY CONTROL PLAN
EMERGENCY RESPONSE
SAFTEY PLAN
PROJECT OVERVIEW
MANAGEMENT PLAN
METHOD TO ACCOMPLISH WORK
427
20
PROJECT OVERVIEW
MANAGEMENT PLAN
Excel Landscape has maintained landscaping at Civic Center and completed work
on Tropical Hilary damage. We were recently awarded the maintenance of the
(15) Housing Authority properties. Our extensive knowledge and understanding of the
current landscape, irrigation, and budget constraints has given us the experience
necessary to help with the Park and Landscape Enhancement Project for the City.
Jason Alfaro, will be the Project Manager. He will coordinate with City Staff, and is
in charge of all aspects of the contract. He oversees the area supervisor, on site
foreman, irrigation tech, onsite and crewed staff. He will prepare proposals and
coordinate all the work.
Luis Sliva will be the supervisor, he is responsible for all onsite and crewed staff,
irrigation technician and specialty crews along with all scheduling. He will immedi-
ately respond to any City requests.
Caesar Castro, will be the Foreman. He will coordinate with City Staff, and is in
charge of all on-site aspects of the contract. He oversees all the on-site and
crewed staff.
Jose Aguilera, will be the irrigation technician. He will be in charge of all visual and
operational irrigation testing. He will make as needed repairs.
A major advantage Excel Landscape has, is we are already working on a similar
contract thus no time is necessary to gear up and prepare for this contract. Please
see the following staffing & equipment we will continue and add to this contract.
428
21
Following is a variety of possible equipment we have available
DUMP TRUCK 1
· 1 ton dump truck, to pick up green-waste and litter
generated from maintenance operations and renovation.
EQUIPMENT FOR PARKS & LANDSCAPE ENHANCEMENT
Irrigation Service Truck Maintenance Truck
· Small portable compact chipper
· Used to turn chippings into mulch
TRACK DRIVEN CHIPER 1
TURF RENOVATION, if applicable
Aeravator Turf Vac Top Dresser Vrisimo Flail
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22
SPORTS FIELD RENOVATIONS, if applicable
Sports Field Turf
Infield Renovations—if applicable
Annual process:
· Sod cut infield turf to re-establish clean edge
· Re-grade build up of brick dust at outfield edge
· Use the TR3 & Harley Power Rake to break through hard pan
· Eliminate hard and soft spots to achieve a consistent and even depth. The machine auto levels and
leaves a consistent smooth surface. This will eliminate the need for costly new brick dust, saving City
money for other projects.
Ball Field Renovation
430
23
QUALITY CONTROL PLAN
Excel Landscape
Hires & trains the right people.
Quality People Produce
Quality Results
Manager
· Office staff is available Monday – Friday, 7:00 a.m. to 4:30 p.m.
· The same phone number is used during business and after hours to ensure
clients are able to receive assistance 24 hours a day.
· Client needs are communicated through the chain of command to ensure
quick and efficient responses.
· All crews carry cell phone communication for rapid response to requests.
TRAINING
· Is an experienced QAL, Irrigation Auditor and Irrigation Manager.
· Attends outside training sessions to ensure licenses and certifications are current.
Staff
· Are rigorously screened to find the best match for each of our job positions.
· Are trained according to appropriate skill and job level. This ensures that
each member of the team can safely and competently complete their
assigned tasks.
· Bi-Weekly “tailgate” meetings are provided by “in-house experts” in the
areas of Chemical application, irrigation auditing, and irrigation
management.
· Topics are scheduled a year in advance and cover areas such as OSHA
safety standards, industry techniques, irrigation practices and new
technology. Topics are adjusted as needs or regulations change.
COMMUNICATION
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24
· Project areas are photographed to document a starting point. Recognize
areas of need, record improvement as the project progresses, and provide
visual aid for improvement plans and alternatives.
· Staff is trained on issues related to each specific project and the clients
expectations are conveyed to crews.
· Each staff member responsible for the project is cross trained in all tasks so ill
calls and vacations are covered. This ensures consistency of quality
throughout the project.
NEW PROJECT MANAGEMENT
· The owner of Excel Landscape is involved in the day-to-day operations.
· Each project is managed by a project manager and a supervisor.
· Project sites are routinely inspected and a punch list is generated.
· The punch list is discussed with the appropriate staff, along with a location
map and completion date expectation.
· The project manager and supervisor are responsible for ensuring the punch
list is completed, quality is consistent, and work is done according to
company and City required standards.
· All projects are reviewed by our water auditor to review utility use. This
information is used to develop a water budget for all metered areas to
ensure efficient use. Staff then read the meters and track the water use on a
monthly basis. An improvement plan is developed and discussed with the
client for any area that does not meet the calculated budget expectation.
· Excel employs their own mechanics to ensure vehicles and equipment are
serviced, maintained, and function appropriately.
CURRENT PROJECT MANAGEMENT
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25
· Office staff is available Monday through Friday from 7:00 a.m. to 4:30 p.m.
· The same phone is answered 24 hours a day to handle emergency
situations.
· Office staff maintains cellular contact with all personnel to provide quick
and efficient communication.
· We maintain a service yard very close to the City to expedite response time.
· We have a Project Manager, (1) Supervisors, (1) Foreman and (1) Irrigation
Technician all with separate vehicles that are in close proximity to the city
that could respond immediately to any emergency or natural disaster dur-
ing business hours.
· After hours (1) individual is on call to address any emergency 24 hours a day
7 days per week.
EMERGENCY RESPONSE
· Excel Landscape considers safety the number one issue.
· We have bi-weekly tailgate meetings in which safety is the focus. All
employees are trained in-house by our own “experts in their field”. This
includes PCA, QAL, QAC, Irrigation Auditors and Irrigation Managers.
· These meetings are scheduled and topics such as OSHA safety standards,
Industry techniques, irrigation practices and new technology are
discussed.
· Items are decided by our management team at one of their training
meetings. Topics are chosen and scheduled for a year at a time, but may
be adjusted as needs or regulations arise.
· All managers are required to attend outside training sessions to keep all
licenses and certificates current.
· Each employee is trained with the information appropriate to their skill level.
Employees are trained on each piece of equipment as to appropriate use,
safety precautions and maintenance.
· We employ our own mechanics to assure proper maintenance intervals on
all equipment from weed eaters to tractors to trucks and trailers. This level of
detail is crucial to insure all equipment is running at peak level.
· Each truck has a yellow beacon on the roof that is in operation each time
the truck is stopped.
· They also have signs and cones for use in high traffic areas. The cones are
used each time the truck is parked. The signs are used while working in the
median at the start of the median and cones placed along the curb at 60’
intervals throughout the work area. Each service yard has a sign board for
use when a lane closure is needed.
SAFETY PLAN
433
26
BANK & BONDING LETTERS
434
27 435
28
October 26th 2023
436
FEE PROPOSAL
Standard Labor: $45.00 /HR
Foreman Labor: $65.00 /HR
Irrigation Labor: $75.00 /HR
Supervisor Labor: $95.00 /HR
Material Cost + 15%
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Jason Alfaro
24155 Adams Ave., Murrieta, CA, (909) 208-9269
OBJECTIVE:
To continue to grow Excel Landscape as a company that our customers can depend on
to provide quality landscape service and build long-lasting relationships with all of our
customers.
EDUCATION:
September 1995 - Murrieta Valley High School
June 1998
August 1998 - Mount San Jacinto Collage
June 1999
September 2008 - UCR Extension
December 2009 Turf Management Certificate Program
EXPERIENCE:
May 2004 - EXCEL LANDSCAPE, Corona, Ca.
Present Project Manager
July 1999 - The Image Zone, Murrieta, Ca.
May 2004 Graphic Designer / Printing press operator
PROFESSIONAL CERTIFICATES:
C27, C61/D49 California Contractors License
Q.A.L. Qualified Applicator License
Q.W.E.L Qualified Water Efficient Landscaper
C.W.M CLCA Certified Water Manager
C.I.A. IA Certified Water Auditor
REFERENCES:
Available upon request.
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CITY OF PALM DESERT
MAINTENANCE SERVICES AGREEMENT
1. Parties and Date. This Agreement is made and entered into this 1st day of December,
2024, by and between the City of Palm Desert, a municipal corporation organized under the laws
of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm
Desert, California 92260-2578, (“City”) and Excel Landscape, Inc., a Corporation, with its
principal place of business at 1185 Magnolia Avenue, Suite E400, Corona, CA 92879
("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and
collectively as "Parties."
2. Recitals.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing maintenance services to public clients,
that it and its subcontractors have all necessary licenses and permits to perform the services in
the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract
any portion of the work required by this Agreement, except as expressly stated herein, without
prior written approval of City. Subcontracts, if any, shall contain a provision making them subject
to all provisions stipulated in this Agreement.
2.2 Project.
The City is a public agency of the State of California and is in need of services for the
following project:
Parks and Landscape Enhancement Project
Project No. CPK00003
(hereinafter referred to as “the Project”).
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the
City all labor, materials, tools, equipment, services, and incidental and customary work necessary
to fully and adequately supply the maintenance services necessary for the Project (“Services”).
The Services are more particularly described in Exhibit “A” attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable
local, state, and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from December 1, 2024, to June
30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option,
at its sole discretion, to renew this Agreement automatically for no more than 2 additional one-
year terms. Contractor shall complete the Services within the term of this Agreement and shall
meet any other established schedules and deadlines. The Parties may, by mutual, written
consent, extend the term of this Agreement if necessary to complete the Services.
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3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine the
means, methods, and details of performing the Services subject to the requirements of this
Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Any personnel performing the Services under this Agreement on behalf of Contractor shall not be
employees of City and shall at all times be under Contractor’s exclusive direction and control.
Contractor shall pay all wages, salaries, and other amounts due such personnel in connection
with their performance of Services under this Agreement and as required by law. Contractor shall
be responsible for all reports and obligations respecting such additional personnel, including, but
not limited to social security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and
timely manner in accordance with each Task Order set forth in Exhibit “B” attached hereto and
incorporated herein by reference. Contractor represents that it has the professional and technical
personnel required to perform the Services in conformance with such conditions. Upon request
of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the
Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor
shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates Brad Chuck, Landscape
Supervisor, or his or her designee, to act as its representative for the performance of this
Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf
of the City for all purposes under this Agreement except for increasing compensation. Contractor
shall not accept direction or orders from any person other than the City’s Representative or his or
her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Jose Alfaro,
President, or his or her designee, to act as its representative for the performance of this
Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority
to represent and act on behalf of the Contractor for all purposes under this Agreement. The
Contractor’s Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means, methods, techniques, sequences, and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in
the performance of Services and shall be available to City’s staff, consultants, and other staff at
all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Contractor warrants that all employees and subcontractors
shall have sufficient skill and experience to perform the Services assigned to them. Finally,
Contractor represents that it, its employees, and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Services,
including a City Business License, and that such licenses and approvals shall be maintained
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throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and
without reimbursement from the City, any services necessary to correct errors or omissions which
are caused by the Contractor’s failure to comply with the standard of care provided for herein.
Any employee of the Contractor or its sub-contractors who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform
and complete all Services under this Agreement within the term set forth in Section 3.1.2 above
(“Performance Time”). Contractor shall perform the Services in strict accordance with any
completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or
which may be provided separately in writing to the Contractor. Contractor agrees that if the
Services are not completed within the aforementioned Performance Time and/or pursuant to any
such completion schedule or Project milestones developed pursuant to provisions of this
Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant
to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidat ed
damages, and not as a penalty, the sum of Two-Hundred and Fifty Dollars ($250.00) per day for
each and every calendar day of delay beyond the Performance Time or beyond any completion
schedule or Project milestones established pursuant to this Agreement.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work
done, of any work omitted, or of any extra work which Contractor may be required to do or
respecting the size of any payment to Contractor during the performance of this Contract,
Contractor shall continue to perform the Work while said dispute is decided by the City. If
Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided
by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall
keep itself fully informed of and in compliance with all local, state, and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for
all violations of such laws and regulations in connection with the Services and this Agreement. All
violations of such laws and regulations shall be grounds for the City to terminate the Agreement
for cause. City is a public entity of the State of California subject to certain provisions of the Health
& Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is
stipulated and agreed that all provisions of the law applicable to the public contracts of a
municipality are a part of this Agreement to the same extent as though set forth herein and will be
complied with.
3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully
complies with all requirements and restrictions of state and federal law respecting the employment
of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time and shall require all subconsultants and sub -
subconsultants to comply with the same. Contractor certifies that it has not committed a violation
of any such law within the five (5) years immediately preceding the date of execution of this
Agreement and shall not violate any such law at any time during the term of the Agreement.
3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Workers’ Compensation or to undertake self-insurance
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in accordance with the provisions of that Code and agrees to comply with such provisions before
commencing the performance of the Services.
3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer, and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination. Contractor shall comply with all relevant provisions of City’s Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in
effect or hereinafter enacted.
3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws,
rules and regulations in furnishing or using equipment and/or providing services, including, but
not limited to, emissions limits and permitting requirements imposed by the California Air
Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and
requirements’ application to “portable equipment”, which definition is considered by CARB to
include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against
any fines or penalties imposed by CARB or any other governmental or regulatory agency for
violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others
for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.5 Water Quality Management and Compliance. To the extent
applicable, Contractor’s Services must account for, and fully comply with, all local, state and
federal laws, rules and regulations that may impact water quality compliance, including, without
limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300);
the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency and the State Water Resources
Control Board; the City’s ordinances regulating discharges of storm water; and any and all
regulations, policies, or permits issued pursuant to any such authority regulating the discharge of
pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or
surface water in the State. Failure to comply with the laws, regulations and policies described in
this Section is a violation of law that may subject Contractor to penalties, fines, or additional
regulatory requirements.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Contractor’s
indemnification of City, and prior to commencement of the Services, Contractor shall obtain,
provide, and maintain at its own expense during the term of this Agreement, policies of insurance
of the type and amounts described below and in a form that is satisfactory to City.
(A) General Liability Insurance. Contractor shall maintain
commercial general liability insurance with coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must include
contractual liability that has not been amended. Any endorsement restricting standard ISO
“insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Contractor arising out of or in connection
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with Work to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant
will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
(C) Umbrella or Excess Liability Insurance. Contractor may opt to
utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury, and property damage liability
coverage at least as broad as the primary coverages set forth above, including commercial
general liability and employer’s liability. Such policy or policies shall include the following terms
and conditions:
(a) A drop-down feature requiring the policy to
respond if any primary insurance that would
otherwise have applied proves to be uncollectible in
whole or in part for any reason;
(b) Pay on behalf of wording as opposed to
reimbursement;
(c) Concurrency of effective dates with primary
policies; and
(d) Policies shall “follow form” to the underlying
primary policies.
(e) Insureds under primary policies shall also be
insureds under the umbrella or excess policies.
(D) Workers’ Compensation Insurance. Contractor shall maintain
Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with
limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed
officers, and their respective agents, officials, employees, volunteers, and representatives.
(E) Fidelity Coverage. Reserved.
(F) Cyber Liability Insurance. Reserved.
a) Liability arising from the theft, dissemination
and/or use of confidential or personally identifiable information; including credit monitoring and
regulatory fines arising from such theft, dissemination, or use of confidential information.
b) Network security liability arising from the
unauthorized use of, access to, or tampering with computer systems.
c) Liability arising from the failure of technology
products (software) required under the contract for Vendor to properly perform the services
intended.
d) Electronic Media Liability arising from personal
injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-
linking or framing, and infringement or violation of intellectual property rights.
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e) Liability arising from the failure to render
professional services.
If coverage is maintained on a claims-made basis, Contractor shall maintain such coverage for
an additional period of three (3) years following termination of the Agreement.
(G) Pollution Liability Insurance. Environmental Impairment Liability
Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to
the City providing coverage for liability arising out of sudden, accidental, and gradual pollution
and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the
aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the
policy as “covered operations”. The policy shall provide coverage for the hauling of waste from
the Project site to the final disposal location, including non-owned disposal sites.
3.2.11.2 Other Provisions and Requirements.
(A) Proof of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers’ compensation. Insurance certificates and endorsements
must be approved by City’s Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required insurance policies, at
any time.
(B) Duration of Coverage. Contractor shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the work hereunder by
Contractor, his/her agents, representatives, employees, or subconsultants.
(C) Primary/Non-Contributing. Coverage provided by Contractor
shall be primary and any insurance or self-insurance procured or maintained by City shall not be
required to contribute with it. The limits of insurance required herein may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary
and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance
shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of
insurance required under this Agreement does not comply with these specifications, or is
canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will
withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City
may cancel this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by
an insurance company currently authorized by the Insurance Commissioner to transact business
of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger)
in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by
the City’s Risk Manager.
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(F) Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its
elected or appointed officers, and their respective agents, officials, employees, volunteers, and
representatives, or shall specifically allow Contractor or others providing insurance evidence in
compliance with these specifications to waive their right of recovery prior to a loss. Contractor
hereby waives its own right of recovery against the City, its elected or appointed officers, and their
respective agents, officials, employees, volunteers, and representatives, and shall require similar
written express waivers and insurance clauses from each of its subcontractors.
(G) Enforcement of Contract Provisions (non estoppel). Contractor
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Contractor of non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to a given
issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for the higher limits maintained
by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
(I) Notice of Cancellation. Contractor agrees to oblige its insurance
agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except
for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(J) Additional Insured Status. General liability, automobile liability,
and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to
provide that the City, its elected or appointed officers, and their respective agents, officials,
employees, volunteers, and representatives, shall be additional insureds under such policies. This
provision shall also apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of the
coverages required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
(L) Separation of Insureds. A severability of interests provision must
apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to
each insured against whom claim is made or suit is brought, except with respect to the insurer’s
limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(M) Pass Through Clause. Contractor agrees to ensure that its sub-
consultants, sub-contractors, and any other party involved with the Project who is brought onto or
involved in the project by Contractor, provide the same minimum insurance coverage and
endorsements required of Contractor. Contractor agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contractor agrees that upon request, all agreements with
consultants, subcontractors, and others engaged in the Project will be submitted to City for review.
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(N) City’s Right to Revise Specifications. The City or its Risk
Manager reserves the right at any time during the term of the contract to change the amounts and
types of insurance required by giving the Contractor ninety (90) days advance written notice of
such change. If such change results in cost to the Contractor, the City and Contractor may
renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the
change shall go into effect immediately and require no advanced written notice.
(O) Self-Insured Retentions. Any self-insured retentions must be
declared to and approved by City. City reserves the right to require that self-insured retentions be
eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply
with these specifications unless approved by City.
(P) Timely Notice of Claims. Contractor shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from Contractor’s
performance under this Agreement, and that involve or may involve coverage under any of the
required liability policies.
(Q) Additional Insurance. Contractor shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the work.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its Services, the Contractor shall at all times
be in compliance with all applicable local, state and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to the nature of the
work and the conditions under which the work is to be performed. Safety precautions, where
applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.2.13 Bonds.
3.2.13.1 Performance Bond. If required by law or otherwise specifically
requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor
shall execute and provide to City concurrently with this Agreement a Performance Bond in the
amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form
provided or approved by the City. If such bond is required, no payment will be made to Contractor
until it has been received and approved by the City.
3.2.13.2 Payment Bond. If required by law or otherwise specifically
requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor
shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount
of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or
approved by the City. If such bond is required, no payment will be made to Contractor until it has
been received and approved by the City.
3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become
insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the
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affected bond within ten (10) days of receiving notice from City. In the event the surety or
Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written
notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least
ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due
or will be made under this Agreement until any replacement bonds required by this Section are
accepted by the City. To the extent, if any, that the total compensation is increased in accordance
with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds
to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to
the City. To the extent available, the bonds shall further provide that no change or alteration of
the Agreement (including, without limitation, an increase in the total compensation, as referred to
above), extensions of time, or modifications of the time, terms, or conditions of payment to the
Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City
may terminate this Agreement for cause.
3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety
insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety
must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and
satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these
requirements, the insurer will be considered qualified if it is in conformance with Section 995.660
of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.14 Accounting Records. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Contractor shall allow a representative of City during normal business
hours to examine, audit, and make transcripts or copies of such records and any other documents
created pursuant to this Agreement. Contractor shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.2.15 Work Sites.
3.2.15.1 Inspection of Site. Contractor shall visit sites where Services are
to be performed and shall become acquainted with all conditions affecting the Services prior to
commencing the Services. Contractor shall make such examinations as it deems necessary to
determine the condition of the work sites, its accessibility to materials, workmen and equipment,
and to determine Contractor’s ability to protect existing surface and subsurface improvements.
No claim for allowances–time or money–will be allowed as to such matters after commencement
of the Services.
3.2.15.2 Field Measurements. Contractor shall make field measurements,
verify field conditions, and shall carefully compare such field measurements and conditions and
other information known to Contractor with the Contract, including any plans, specifications, or
scope of work before commencing Services. Errors, inconsistencies, or omissions discovered
shall be reported to the City immediately and prior to performing any Services or altering the
condition.
3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor
encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic
wastes, hazardous substances and hazardous materials as defined in California state or federal
law at the site which have not been rendered harmless, the Contractor shall immediately stop
work at the affected area and shall report the condition to the City in writing. The City shall contract
for any services required to directly remove and/or abate PCBs, hazardous substances, other
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toxic wastes, and hazardous materials, and shall not require the Contractor to subcontract for
such services. The Services in the affected area shall not thereafter be resumed except by written
agreement of the City and Contractor.
3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage
which may arise out of the nature of the Services agreed to herein, or from the action of the
elements, or from any unforeseen difficulties which may arise or be encountered in the
prosecution of the Services until the same is fully completed and accepted by City.
3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for
purposes of this Section shall be deemed to include unauthorized work which has not been
removed and any non-conforming materials incorporated into the work) to be of good quality and
free from any defective or faulty material and workmanship. Contractor agrees that for a period of
one year (or the period of time specified elsewhere in the Agreement or in any guarantee or
warranty provided by any manufacturer or supplier of equipment or materials incorporated into
the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10)
days after being notified in writing by the City of any defect in the Services or non-conformance
of the Services to the Agreement, commence and prosecute with due diligence all Services
necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act
sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its
sole cost and expense, repair and replace any portions of the work (or work of other contractors)
damaged by its defective Services or which becomes damaged in the course of repairing or
replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct
defective work shall be reinstated for an additional one (1) year period, commencing with the date
of acceptance of such corrected work. Contractor shall perform such tests as the City may require
to verify that any corrective actions, including, without limitation, redesign, repairs, and
replacements comply with the requirements of the Agreement. All costs associated with such
corrective actions and testing, including the removal, replacement, and reinstitution of equipment
and materials necessary to gain access, shall be the sole responsibility of the Contractor. All
warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any
portion of the work, whether express or implied, are deemed to be obtained by Contractor for the
benefit of the City, regardless of whether or not such warranties and guarantees have been
transferred or assigned to the City by separate agreement and Contractor agrees to enforce such
warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails
to perform its obligations under this Section, or under any other warranty or guaranty under this
Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and
replace any defective or non-conforming work and any work damaged by such work or the
replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to
fully reimburse the City for any expenses incurred hereunder upon demand.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit
“C” attached hereto and incorporated herein by reference. The maximum compensation for
Services to be provided pursuant to each approved Task Order shall be set forth in the relevant
Task Order. The total compensation, in the aggregate, shall not exceed Seven Hundred Fifty
Thousand Dollars ($750,000) without written approval of the City Council or City Manager, as
applicable.
3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices
which provides a detailed description of the Services and hours rendered by Contractor. City shall,
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within thirty (30) days of receiving such statement, review the statement and pay all non-disputed
and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from
the last date of provided Services or termination of this Agreement and failure by the Contractor
to submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not
constitute acceptance of any Services completed by Contractor. The making of final payment
shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.3.2.1 Retainer. From each approved progress estimate, five percent (5%) will be
deducted and retained by the City, and the remainder will be paid to Contractor. All Agreement
retainage shall be released and paid to the Contractor and subcontractors pursuant to California
Public Contract Code Section 7107. Contractor shall furnish City with labor and material releases
from all subcontractors performing work on, or furnishing materials for, the work governed by this
Agreement prior to final payment by City.
3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress
payment an amount necessary to protect City from loss because of: (1) stop payment notices as
allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums
representing expenses, losses, or damages as determined by the City, incurred by the City for
which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled
to recover from Contractor under the terms of the Agreement or pursuant to state law, including
Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums
from a progress payment shall not constitute a waiver of the City's right to such sums.
3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.5 Extra Work. At any time during the term of this Agreement, City may request
that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is
determined by City to be necessary for the proper completion of the Project, but which the parties
did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor
shall not perform, nor be compensated for, Extra Work without written authorization from City’s
Representative.
3.3.6 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing
wage rates and the performance of other requirements on “public works” and “maintenance”
projects. If the Services are being performed as part of an applicable “public works” or
“maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is
$15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall
provide Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Contractor shall make copies of the prevailing rates of per
diem wages for each craft, classification or type of worker needed to execute the Services
available to interested parties upon request and shall post copies at the Contractor’s principal
place of business and at the Project site. Contractor shall defend, indemnify, and hold the City,
its elected or appointed officers, and their respective agents, officials, employees, volunteers and
representatives free and harmless from any claim or liability arising out of any failure or alleged
failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and
all subcontractors to comply with all California Labor Code provisions, which include but are not
limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of
apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4
and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors
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and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll
records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to
work performed on a public works project that is exempt pursuant to the small project exemption
specified in Labor Code Section 1771.4.
3.3.7 Registration/DIR Compliance. If the Services are being performed as part of
an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or
more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all
subcontractors performing such Services must be registered with the Department of Industrial
Relations. Contractor shall maintain registration for the duration of the Project and require the
same of any subcontractors, as applicable. This Project may also be subject to compliance
monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s
sole responsibility to comply with all applicable registration and labor compliance requirements.
Any stop orders issued by the Department of Industrial Relations against Contractor or any
subcontractor that affect Contractor’s performance of Services, including any delay, shall be
Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Contractor caused delay and shall not be compensable by the City. Contractor
shall defend, indemnify, and hold the City, its elected or appointed officers, and their respective
agents, officials, employees, volunteers, and representatives free and harmless from any claim
or liability arising out of stop orders issued by the Department of Industrial Relations against
Contractor or any subcontractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate
the whole or any part of this Agreement at any time and without cause by giving written notice to
Contractor of such termination, and specifying the effective date thereof, at least seven (7) days
before the effective date of such termination. Upon termination, Contractor shall be compensated
only for those Services which have been adequately rendered to City, and Contractor shall be
entitled to no further compensation. Contractor may not terminate this Agreement except for
cause.
3.4.2 Conflict of Interest. The Contractor covenants that any and all relationships
with construction firms that may submit bids for projects developed under this agreement will
require full disclosure of any direct or indirect conflicts of interest, financial interests, relationships,
and the nature of any relationships with any related project bid submitters; and that any violation
of this provision may result in the immediate termination of the Agreement
3.4.3 Effect of Termination. If this Agreement is terminated as provided herein, City
may require Contractor to provide all finished or unfinished information of any kind pre pared by
Contractor in connection with the performance of Services under this Agreement. Contractor shall
be required to provide such document and other information within fifteen (15) days of the request.
3.4.4 Additional Services. In the event this Agreement is terminated in whole or in
part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
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Contractor: Excel Landscape, Inc.
1185 Magnolia Avenue, Suite E400
Corona, CA 92879
ATTN: Jose Alfaro, President
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Brad Chuck, Landscape Supervisor
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their
respective agents, officials, employees, volunteers and representatives free and harmless from
any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses,
liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or
equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or
persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining
to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials,
officers, employees, subcontractors, consultants or agents in connection with the performance of
the Services, the Project or this Agreement, including without limitation the payment of all expert
witness fees, attorneys’ fees and other related costs and expenses except such Claims caused
by the sole or active negligence or willful misconduct of the City.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with
counsel of City’s choosing and at Contractor’s own cost, expense, and risk, any and all Claims
covered by this section that may be brought or instituted against the City, its elected or appointed
officers, and their respective agents, officials, employees, volunteers and representatives . In
addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered
against the City, its elected or appointed officers, and their respective agents, officials, employees,
volunteers, and representatives as part of any such claim, suit, action, or other proceeding.
Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or
appointed officers, and their respective agents, officials, employees, volunteers, and
representatives as part of any such claim, suit, action, or other proceeding. Such reimbursement
shall include payment for City’s attorney’s fees and costs, including expert witness fees.
Contractor shall reimburse the City, its elected or appointed officers, and their respective agents,
officials, employees, volunteers, and representatives, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and
shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its
elected or appointed officers, and their respective agents, officials, employees, volunteers, and
representatives.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall
be governed by the laws of the State of California. Venue shall be in Riverside County. In addition
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to any and all Agreement requirements pertaining to notices of and requests for compensation or
payment for extra work, disputed work, claims and/or changed conditions, Contractor must
comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing
any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based
upon the Government Code claims shall be limited to those matters that remain unresolved after
all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have
been followed by Contractor. If no such Government Code claim is submitted, or if any
prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor
shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of this
Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other
contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer,
either directly or by operation of law, this Agreement or any interest herein without the prior written
consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates
or transferees shall acquire no right or interest by reason of such attempted assignment,
hypothecation or transfer.
3.5.8 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not
workdays. All references to Contractor include all personnel, employees, agents, and
subcontractors of Contractor, except as otherwise specified in this Agreement. All references to
the City include its elected or appointed officers, and their respective agents, officials, employees,
volunteers, and representatives except as otherwise specified in this Agreement. The captions of
the various articles and paragraphs are for convenience and ease of reference only, and do not
define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.9 Amendment; Modification. No supplement, modification or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel or otherwise.
3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in
Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed
by the Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
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3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not
paid, nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer, or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings, or agreements. This Agreement may only be modified by a writing signed by both
parties.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND EXCEL LANDSCAPE, 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
EXCEL LANDSCAPE, INC., A
CORPORATION
By:
Jose Alfaro
President
By:
Marty Fox
Secretary
694553
Contractor’s License Number and
Classification
1000007099
DIR Registration Number (if applicable)
City Clerk QC: _____
Contracts QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
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Exhibit “A”
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EXHIBIT “A”
SCOPE OF SERVICES
The Proposer to be knowledgeable in the installation, repair, and maintenance of the following
park and landscape items:
Landscape and Irrigation maintenance, repair, and installation
Sod preparation and installation
Topdressing of sports turf
Park amenities material installation (sand volleyball courts, baseball infields, etc.)
Minor playground repairs
Park site furnishing repairs and installation
Medians landscape improvements
Assessment Districts improvements
Tree and shrub planting
Mow curb and related concrete repairs
Installation of cobble and inorganics
Proper traffic control as defined in the WATCH handbook
Small scale landscape projects
The scope of services is not limited to the items listed above. In addition, more detailed work
may be required, such as installation and programming of Smart Controllers, troubleshooting
faulty irrigation wires, repairing and programming two-wire irrigation systems, leveling and
grading, and other specialty work associated with park and landscape maintenance
The City intends to award the contract as a 3-year agreement with an option of (2) one-year
extensions, subject to funding availability and City Council approval. The Agreement shall not
exceed Seven Hundred Fifty Thousand Dollars ($750,000.00) per fiscal year for performance of
said Services.
No Services shall be performed by the Contractor unless authorized by the City and by a fully
executed Task Order.
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EXHIBIT “B” TASK ORDER FORM SAMPLE
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Exhibit “B”
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EXHIBIT “B” TASK ORDER FORM SAMPLE
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Exhibit “C”
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EXHIBIT “C”
COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above
may be increased or reduced each year at the time of renewal, but any increase shall not exceed
the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties. The
City and Contractor may review the CPI on an annual basis and recommend adjustments to the
City Manager or City Council for approval. Any increase shall not exceed the Consumer Price
Index.
The maximum compensation for Services to be provided pursuant to each Task Order shall be
set forth in the relevant Task Order. The total compensation, in the aggregate, shall not exceed
Seven Hundred Fifty Thousand Dollars ($750,000) without written approval of the City Council
or City Manager, as applicable.
Pricing schedule is as follows:
Position Hourly Rate
Standard Labor $45.00
Foreman Labor $65.00
Irrigation Labor $75.00
Supervisor Labor $95.00
Material Cost +15 %
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded
to Excel Landscape, Inc., (hereinafter referred to as the “Contractor”) an agreement for Parks
and Landscape Enhancement Project (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in
the Contract Documents for the Project dated December 1, 2024, (hereinafter referred to as
“Contract Documents”), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms
thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, Excel Landscape, 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 Seven Hundred Fifty Thousand Dollars, ($$750,000), said sum
being not less than one hundred percent (100%) of the total amount of the Contract, for which
amount well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all
materials and workmanship; and shall indemnify and save harmless the City, its elected or
appointed officers, and their respective agents, officials, employees, volunteers and
representatives, as stipulated in said Contract Documents, then this obligation shall become null
and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship,
Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder
shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s
rights or the Contractor or Surety’s obligations under the Contract, law, or equity, including, but
not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or
shall promptly, at the City’s option:
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(1) Take over and complete the Project in accordance with all terms and conditions in the
Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
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]
460
Contract No. ___________
Revised 10-2024
BBK 72500.00001\32374915.1
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.
461
Contract No. ___________
Revised 10-2024
BBK 72500.00001\32374915.1
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
462
Contract No. ___________
Revised 10-2024
BBK 72500.00001\32374915.1
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
463
Contract No. ___________
Revised 10-2024
BBK 72500.00001\32374915.1
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 October 24, 2024, has awarded to Excel Landscape, Inc., hereinafter
designated as the “Principal,” a contract for the work described as follows:
Parks and Landscape Enhancement 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 December 1, 2024, (“Contract Documents”), the terms
and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the Surety
on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety,
are held and firmly bound unto the City in the penal sum of Seven Hundred Fifty Thousand Dollars,
($750,000) lawful money of the United States of America, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of
the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or
other supplies, used in, upon, for or about the performance of the work contracted to be done, or
for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance
Code with respect to work or labor performed under the contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department or Franchise
Tax Board from the wages of employees of the contractor and his subcontractors pursuant to
Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety
or Sureties will pay for the same, in an amount not exceeding the sum herein above specified,
and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such
suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation
expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the
Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon
this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
pertaining or relating to any scheme or work of improvement herein above described, or pertaining
or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or
modification of any terms of payment or extension of the time for any payment pertaining or
464
Contract No. ___________
Revised 10-2024
BBK 72500.00001\32374915.1
relating to any scheme or work of improvement herein above described, nor by any rescission or
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or
subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to
recover under any such contract or agreement or under the bond, nor by any fraud practiced by
any person other than the claimant seeking to recover on the bond and that this bond be construed
most strongly against the Surety and in favor of all persons for whose benefit such bond is given,
and under no circumstances shall Surety be released from liability to those for whose benefit such
bond has been given, by reason of any breach of contract between the owner or City and original
contractor or on the part of any obligee named in such bond, but the sole conditions of recovery
shall be that claimant is a person described in Section 9100 of the Civil Code, and has n ot 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]
465
Contract No. ___________
Revised 10-2024
BBK 72500.00001\32374915.1
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.
466
Contract No. ___________
Revised 10-2024
BBK 72500.00001\32374915.1
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
467
Contract No. ___________
Revised 10-2024
BBK 72500.00001\32374915.1
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
468
Contract No. ___________
Revised 10-2024
BBK 72500.00001\32374915.1
469
470
City of Palm Desert
PW - Operations & Maintenance
Randy Chavez, Deputy Director
73-510 Fred Waring Drive, Palm Desert, CA 92260
[HORIZON PROFESSIONAL LANDSCAPE INC] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-132
Parks And Landscape Enhancement Project
RESPONSE DEADLINE: September 4, 2024 at 5:00 pm
Report Generated: Tuesday, September 10, 2024
HORIZON PROFESSIONAL LANDSCAPE INC Response
CONTACT INFORMATION
Company:
HORIZON PROFESSIONAL LANDSCAPE INC
Email:
horizon4900@msn.com
Contact:
RAFAEL MENDOZA
Address:
48727 CHARLTON PEAK ST
COACHELLA, CA 92236
Phone:
(760) 333-9371
Website:
N/A
Submission Date:
Sep 3, 2024 1:54 PM (Pacific Time)
471
[HORIZON PROFESSIONAL LANDSCAPE INC] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-132
Parks And Landscape Enhancement Project
[HORIZON PROFESSIONAL LANDSCAPE INC] RESPONSE DOCUMENT REPORT
Request For Proposal - Parks And Landscape Enhancement Project
Page 2
ADDENDA CONFIRMATION
Addendum #1
Confirmed Aug 27, 2024 7:47 PM by Rafael Mendoza
QUESTIONNAIRE
1. Proposal (WITHOUT COST)*
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organ ized and
include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include:
A. Cover Letter
1. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of
the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone
number authorized to negotiate Agreement terms and compensation.
B. Experience and Technical Competence
1. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s
experience with similar Service as described in this RFP.
2. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this
RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact
person.
C. Firm Staffing and Key Personnel
1. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as
well as your firm’s capacity to provide additional personnel as needed.
472
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Parks And Landscape Enhancement Project
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Request For Proposal - Parks And Landscape Enhancement Project
Page 3
2. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and
responsibility of each individual.
3. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel.
4. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor
that is anticipated to perform each function.
D. Proposed Method to Accomplish the Work
1. Describe the technical and management approach to providing the Services to the City. Proposer should take into account
the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and
deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described
herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the
discussion of its proposed method to accomplish the work.
Palm_Desert_Proposal_Presentation.docx
2. Fee Proposal*
The fee proposal shall include hourly rates for all personnel for “Additional Work” (as such term is defined in the proposed Agreement
attached herein). Please provide hourly rates for the following positions at a minimum: Irrigator, Foreman, Laborer, Supervisor.
Fee_Proposal_2024.docx
3. Non-Collusion Declaration*
The undersigned declares:
I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organizat ion, or
corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder
to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone
else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by ag reement,
communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost
473
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RFP No. 2024-RFP-132
Parks And Landscape Enhancement Project
[HORIZON PROFESSIONAL LANDSCAPE INC] RESPONSE DOCUMENT REPORT
Request For Proposal - Parks And Landscape Enhancement Project
Page 4
element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, d irectly or
indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent there of to
effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liabil ity company,
limited liability partnership, or any other entity, hereby represents that he or she has fu ll power to execute, and does execute, this
declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Confirmed
4. Enter your valid CA Contractors State License Board (CSLB) number*
Please enter your License Number here. This will be verified against the state database.
799029
Click to Verify Value will be copied to clipboard
5. Enter your California Department of Industrial Relations (DIR) Registration number*
Please enter your Public Works Contractor DIR Number. This will be verified against the state database.
1000534321
Click to Verify Value will be copied to clipboard
6. Type of Business*
S Corporation (if corporation, two signatures are required)
7. Litigation*
Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5)
years (or type "N/A").
474
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RFP No. 2024-RFP-132
Parks And Landscape Enhancement Project
[HORIZON PROFESSIONAL LANDSCAPE INC] RESPONSE DOCUMENT REPORT
Request For Proposal - Parks And Landscape Enhancement Project
Page 5
N/A
8. Changes to Agreement*
The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify any
objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are
identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may effect
theCity's decision to enter into an Agreement.
N/A
9. No Deviations from the RFP*
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited
to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection o f the
proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification
provisions therein (or type "N/A").
Maximum response length: 5000 characters
N/A
10. Project Team Resumes*
Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualifications,
education, and professional licensing.
Resumes.docx
11. List the Signatory(s) Authorized to Sign and Bind an Agreement.*
(If two (2) signatures are required, include the following information for both signatories)
A. Full Name
B. Title
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Parks And Landscape Enhancement Project
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Request For Proposal - Parks And Landscape Enhancement Project
Page 6
C. Physical Business Address
D. Email Address
E. Phone Number
Rafael Mendoza
President
48727 Charlton Peak St.
horizon4900@msn.com
(760) 333-9371
Eric Mendoza Lee
Vice-President
48727 Charlton Peak
Eric.HorizonPL@outlook.com
(760) 485-4737
12. Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accordance
with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.*
Confirmed
476
1
HORIZON
PROFESSIONAL
LANDSCAPE INC.
“Standing where others aim…”
LIC: 799029
COACHELLA. CA
PHONE: (760) 333-8349
477
2
Cover Letter:
Horizon Professional landscape Inc. is a company dedicated to landscape
services, established in 2001. We have been operating for 23 years in the
Coachella Valley, performing landscape construction, redesigns, and general
maintenance. Our center of operation is the city of Palm Desert, making us
available to address any issues or concerns in a brief period.
Horizon has been a part of several projects around the city of Palm Desert
and is currently maintaining two of the Landscape Maintenance Areas. We have
crews set up at different areas, that we can assign to certain upcoming projects,
each consisting of a foreman on site.
Respectfully,
__________________
Rafael Mendoza, President
48727 Charlton Peak St
CN: (760) 333-9371
478
3
Experience:
We have completed several projects for the city of Palm Desert and are
comfortable working with the city inspectors and staff.
Below are examples of jobs completed.
Project Client Description of
Bidder’s Work
Completion Date
DESERT WILLOW,
COUNTRY CLUB DR
REHABILITATION
CITY OF PALM DESERT LANDSCAPE UPGRADE 12/2020
WASHINGTON RAMP
CALSENSE
CONTROLLER
CITY OF PALM DESERT UPGRADING OF
CONTROLLER AND
VALVES
07/2021
DESERT WILLOW GOLF
CART BRIDGE REPAIR
CITY OF PALM DESERT REMOVE AND
REPLACE ALL WOOD
STRUCTURE
01/2021
FREEDOM PARK PICKLE
BALL COURT
IMPROVEMENTS
CITY OF PALM DESERT LANDSCAPE
IMPROVEMENTS
04/2020
SUNBURST RV
STORAGE
GUY EVANS LANDSCAPE
CONSTRUCTON
01/27/2023
Desert Willow
Perimeter
Landscape and
Lighting
Rehabilitation
Phase 2 Project
CITY OF PALM DESERT LANDSCAPE UPGRADE 08/2023
479
4
Staff:
Rafael Mendoza, President
I am a certified Landscape Technician and received training in tree
pruning. I hold a QAL category B for Pesticides, as well as a Pesticide
Business License.
Eric Mendoza Lee, Irrigation Technician, Pesticide Applicator
Eric is a Landscape technician in training, assisting in irrigation repairs
and concerns. He is our Herbicide applicator and holds a QAL Category
B.
Julian Gonzalez, Foreman
Julian is our Foreman, he has over 20 years of experience with Horizon,
maintaining our commercial areas and projects.
Vicente Ayala, Foreman Back-up/Crew
Vicente has been working at Horizon Professional Landscape Inc for
over 19 years as a Foreman Back-up and crew helper.
Daniel Aguayo, Crew
Daniel has been with the company for 5 years now. He has been
maintaining areas of Palm Desert since before joining us, making him
very familiar with the jobsites.
Emilio Parada, Foreman
He has over 20 years of experience with Horizon, maintaining our
commercial areas and projects.
480
5
Proposed Method to accomplish work:
HORIZON PROFESSIONAL LANDSCAPE INC has done work for
the City of Palm Desert since 2002. We know and understand the
expectations of the city. We have met the standards of the tasks.
Our company would like to participate in projects of $20,000.00
or less. Jobs we could do within a month.
481
Fee Proposal:
Supervisor: $65.00 hr
Irrigator: $65.00 hr
Foreman: $60.00 hr
Laborer: $45.00 hr
482
Rafael Mendoza, Supervisor/Irrigation
Tech/Pesticide Licensed
-Over 30 years in the Landscape industry.
-Worked for large companies as a field
supervisor and Project Manager, in charge
of six crews, maintaining commercial
projects and a tree pruning crew.
-Experience in customer satisfaction, sales,
and Landscape Design.
-Certified Landscape Technician
-Trained in tree pruning
-QAL for landscape management.
-Over 30 years of experience in Irrigation.
483
Eric Mendoza Lee,
Supervisor, Irrigation/Spray Tech
-3 years of experience in landscape
management.
-Enrolled in school to become a Certified
Landscape Technician.
-Qualified Applicator License Category B for
Landscape Management.
484
Julian Gonzalez, Foreman
-Over 30 years of experience in Landscape Management
485
Vicente Ayala, Foreman
-19 years of experience as a Foreman
Back-up and crew helper with the
company.
486
Daniel Aguayo, Crew
-Over 6 years of experience in
landscape management with our
company.
487
Emilio Parada, Foreman
He has over 20 years of experience with Horizon, maintaining our
commercial areas and projects.
488
Contract No. ___________
1
Revised 10-2024
BBK 72500.00001\32374943.1
CITY OF PALM DESERT
MAINTENANCE SERVICES AGREEMENT
1. Parties and Date. This Agreement is made and entered into this 1st day of December,
2024, by and between the City of Palm Desert, a municipal corporation organized under the laws
of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm
Desert, California 92260-2578, (“City”) and Horizon Professional Landscape, Inc., a
Corporation, with its principal place of business at 48727 Charlton Peak Street, Coachella, CA
92236 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party"
and collectively as "Parties."
2. Recitals.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing maintenance services to public clients,
that it and its subcontractors have all necessary licenses and permits to perform the services in
the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract
any portion of the work required by this Agreement, except as expressly stated herein, without
prior written approval of City. Subcontracts, if any, shall contain a provision making them subject
to all provisions stipulated in this Agreement.
2.2 Project.
The City is a public agency of the State of California and is in need of services for the
following project:
Parks and Landscape Enhancement Project
Project No. CPK00003
(hereinafter referred to as “the Project”).
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the
City all labor, materials, tools, equipment, services, and incidental and customary work necessary
to fully and adequately supply the maintenance services necessary for the Project (“Services”).
The Services are more particularly described in Exhibit “A” attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable
local, state, and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from December 1, 2024, to June
30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option,
at its sole discretion, to renew this Agreement automatically for no more than 2 additional one-
year terms. Contractor shall complete the Services within the term of this Agreement and shall
meet any other established schedules and deadlines. The Parties may, by mutual, written
consent, extend the term of this Agreement if necessary to complete the Services.
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3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine the
means, methods, and details of performing the Services subject to the requirements of this
Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Any personnel performing the Services under this Agreement on behalf of Contractor shall not be
employees of City and shall at all times be under Contractor’s exclusive direction and control.
Contractor shall pay all wages, salaries, and other amounts due such personnel in connection
with their performance of Services under this Agreement and as required by law. Contractor shall
be responsible for all reports and obligations respecting such additional personnel, including, but
not limited to social security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and
timely manner in accordance with each Task Order set forth in Exhibit “B” attached hereto and
incorporated herein by reference. Contractor represents that it has the professional and technical
personnel required to perform the Services in conformance with such conditions. Upon request
of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the
Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor
shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates Brad Chuck, Landscape
Supervisor, or his or her designee, to act as its representative for the performance of this
Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf
of the City for all purposes under this Agreement except for increasing compensation. Contractor
shall not accept direction or orders from any person other than the City’s Representative or his or
her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Rafael
Mendoza, President, or his or her designee, to act as its representative for the performance of
this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full
authority to represent and act on behalf of the Contractor for all purposes under this Agreement.
The Contractor’s Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means, methods, techniques, sequences, and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in
the performance of Services and shall be available to City’s staff, consultants, and other staff at
all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Contractor warrants that all employees and subcontractors
shall have sufficient skill and experience to perform the Services assigned to them. Finally,
Contractor represents that it, its employees, and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Services,
including a City Business License, and that such licenses and approvals shall be maintained
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throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and
without reimbursement from the City, any services necessary to correct errors or omissions which
are caused by the Contractor’s failure to comply with the standard of care provided for herein.
Any employee of the Contractor or its sub-contractors who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform
and complete all Services under this Agreement within the term set forth in Section 3.1.2 above
(“Performance Time”). Contractor shall perform the Services in strict accordance with any
completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or
which may be provided separately in writing to the Contractor. Contractor agrees that if the
Services are not completed within the aforementioned Performance Time and/or pursuant to any
such completion schedule or Project milestones developed pursuant to provisions of this
Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant
to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidat ed
damages, and not as a penalty, the sum of Two-Hundred and Fifty Dollars ($250.00) per day for
each and every calendar day of delay beyond the Performance Time or beyond any completion
schedule or Project milestones established pursuant to this Agreement.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work
done, of any work omitted, or of any extra work which Contractor may be required to do or
respecting the size of any payment to Contractor during the performance of this Contract,
Contractor shall continue to perform the Work while said dispute is decided by the City. If
Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided
by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall
keep itself fully informed of and in compliance with all local, state, and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for
all violations of such laws and regulations in connection with the Services and this Agreement. All
violations of such laws and regulations shall be grounds for the City to terminate the Agreement
for cause. City is a public entity of the State of California subject to certain provisions of the Health
& Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is
stipulated and agreed that all provisions of the law applicable to the public contracts of a
municipality are a part of this Agreement to the same extent as though set forth herein and will be
complied with.
3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully
complies with all requirements and restrictions of state and federal law respecting the employment
of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time and shall require all subconsultants and sub -
subconsultants to comply with the same. Contractor certifies that it has not committed a violation
of any such law within the five (5) years immediately preceding the date of execution of this
Agreement and shall not violate any such law at any time during the term of the Agreement.
3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Workers’ Compensation or to undertake self-insurance
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in accordance with the provisions of that Code and agrees to comply with such provisions before
commencing the performance of the Services.
3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer, and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination. Contractor shall comply with all relevant provisions of City’s Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in
effect or hereinafter enacted.
3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws,
rules and regulations in furnishing or using equipment and/or providing services, including, but
not limited to, emissions limits and permitting requirements imposed by the California Air
Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and
requirements’ application to “portable equipment”, which definition is considered by CARB to
include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against
any fines or penalties imposed by CARB or any other governmental or regulatory agency for
violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others
for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.5 Water Quality Management and Compliance. To the extent
applicable, Contractor’s Services must account for, and fully comply with, all local, state and
federal laws, rules and regulations that may impact water quality compliance, including, without
limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300);
the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency and the State Water Resources
Control Board; the City’s ordinances regulating discharges of storm water; and any and all
regulations, policies, or permits issued pursuant to any such authority regulating the discharge of
pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or
surface water in the State. Failure to comply with the laws, regulations and policies described in
this Section is a violation of law that may subject Contractor to penalties, fines, or additional
regulatory requirements.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Contractor’s
indemnification of City, and prior to commencement of the Services, Contractor shall obtain,
provide, and maintain at its own expense during the term of this Agreement, policies of insurance
of the type and amounts described below and in a form that is satisfactory to City.
(A) General Liability Insurance. Contractor shall maintain
commercial general liability insurance with coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must include
contractual liability that has not been amended. Any endorsement restricting standard ISO
“insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Contractor arising out of or in connection
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with Work to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant
will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
(C) Umbrella or Excess Liability Insurance. Contractor may opt to
utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury, and property damage liability
coverage at least as broad as the primary coverages set forth above, including commercial
general liability and employer’s liability. Such policy or policies shall include the following terms
and conditions:
(a) A drop-down feature requiring the policy to
respond if any primary insurance that would
otherwise have applied proves to be uncollectible in
whole or in part for any reason;
(b) Pay on behalf of wording as opposed to
reimbursement;
(c) Concurrency of effective dates with primary
policies; and
(d) Policies shall “follow form” to the underlying
primary policies.
(e) Insureds under primary policies shall also be
insureds under the umbrella or excess policies.
(D) Workers’ Compensation Insurance. Contractor shall maintain
Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with
limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed
officers, and their respective agents, officials, employees, volunteers, and representatives.
(E) Fidelity Coverage. Reserved.
(F) Cyber Liability Insurance. Reserved.
a) Liability arising from the theft, dissemination
and/or use of confidential or personally identifiable information; including credit monitoring and
regulatory fines arising from such theft, dissemination, or use of confidential information.
b) Network security liability arising from the
unauthorized use of, access to, or tampering with computer systems.
c) Liability arising from the failure of technology
products (software) required under the contract for Vendor to properly perform the services
intended.
d) Electronic Media Liability arising from personal
injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-
linking or framing, and infringement or violation of intellectual property rights.
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e) Liability arising from the failure to render
professional services.
If coverage is maintained on a claims-made basis, Contractor shall maintain such coverage for
an additional period of three (3) years following termination of the Agreement.
(G) Pollution Liability Insurance. Environmental Impairment Liability
Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to
the City providing coverage for liability arising out of sudden, accidental, and gradual pollution
and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the
aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the
policy as “covered operations”. The policy shall provide coverage for the hauling of waste from
the Project site to the final disposal location, including non-owned disposal sites.
3.2.11.2 Other Provisions and Requirements.
(A) Proof of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers’ compensation. Insurance certificates and endorsements
must be approved by City’s Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required insurance policies, at
any time.
(B) Duration of Coverage. Contractor shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the work hereunder by
Contractor, his/her agents, representatives, employees, or subconsultants.
(C) Primary/Non-Contributing. Coverage provided by Contractor
shall be primary and any insurance or self-insurance procured or maintained by City shall not be
required to contribute with it. The limits of insurance required herein may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary
and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance
shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of
insurance required under this Agreement does not comply with these specifications, or is
canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will
withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City
may cancel this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by
an insurance company currently authorized by the Insurance Commissioner to transact business
of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger)
in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by
the City’s Risk Manager.
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(F) Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its
elected or appointed officers, and their respective agents, officials, employees, volunteers, and
representatives, or shall specifically allow Contractor or others providing insurance evidence in
compliance with these specifications to waive their right of recovery prior to a loss. Contractor
hereby waives its own right of recovery against the City, its elected or appointed officers, and their
respective agents, officials, employees, volunteers, and representatives, and shall require similar
written express waivers and insurance clauses from each of its subcontractors.
(G) Enforcement of Contract Provisions (non estoppel). Contractor
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Contractor of non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to a given
issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for the higher limits maintained
by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
(I) Notice of Cancellation. Contractor agrees to oblige its insurance
agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except
for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(J) Additional Insured Status. General liability, automobile liability,
and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to
provide that the City, its elected or appointed officers, and their respective agents, officials,
employees, volunteers, and representatives, shall be additional insureds under such policies. This
provision shall also apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of the
coverages required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
(L) Separation of Insureds. A severability of interests provision must
apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to
each insured against whom claim is made or suit is brought, except with respect to the insurer’s
limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(M) Pass Through Clause. Contractor agrees to ensure that its sub-
consultants, sub-contractors, and any other party involved with the Project who is brought onto or
involved in the project by Contractor, provide the same minimum insurance coverage and
endorsements required of Contractor. Contractor agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contractor agrees that upon request, all agreements with
consultants, subcontractors, and others engaged in the Project will be submitted to City for review.
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(N) City’s Right to Revise Specifications. The City or its Risk
Manager reserves the right at any time during the term of the contract to change the amounts and
types of insurance required by giving the Contractor ninety (90) days advance written notice of
such change. If such change results in cost to the Contractor, the City and Contractor may
renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the
change shall go into effect immediately and require no advanced written notice.
(O) Self-Insured Retentions. Any self-insured retentions must be
declared to and approved by City. City reserves the right to require that self-insured retentions be
eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply
with these specifications unless approved by City.
(P) Timely Notice of Claims. Contractor shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from Contractor’s
performance under this Agreement, and that involve or may involve coverage under any of the
required liability policies.
(Q) Additional Insurance. Contractor shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the work.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its Services, the Contractor shall at all times
be in compliance with all applicable local, state and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to the nature of the
work and the conditions under which the work is to be performed. Safety precautions, where
applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.2.13 Bonds.
3.2.13.1 Performance Bond. If required by law or otherwise specifically
requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor
shall execute and provide to City concurrently with this Agreement a Performance Bond in the
amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form
provided or approved by the City. If such bond is required, no payment will be made to Contractor
until it has been received and approved by the City.
3.2.13.2 Payment Bond. If required by law or otherwise specifically
requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor
shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount
of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or
approved by the City. If such bond is required, no payment will be made to Contractor until it has
been received and approved by the City.
3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become
insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the
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affected bond within ten (10) days of receiving notice from City. In the event the surety or
Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written
notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least
ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due
or will be made under this Agreement until any replacement bonds required by this Section are
accepted by the City. To the extent, if any, that the total compensation is increased in accordance
with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds
to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to
the City. To the extent available, the bonds shall further provide that no change or alteration of
the Agreement (including, without limitation, an increase in the total compensation, as referred to
above), extensions of time, or modifications of the time, terms, or conditions of payment to the
Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City
may terminate this Agreement for cause.
3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety
insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety
must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and
satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these
requirements, the insurer will be considered qualified if it is in conformance with Section 995.660
of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.14 Accounting Records. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Contractor shall allow a representative of City during normal business
hours to examine, audit, and make transcripts or copies of such records and any other documents
created pursuant to this Agreement. Contractor shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.2.15 Work Sites.
3.2.15.1 Inspection of Site. Contractor shall visit sites where Services are
to be performed and shall become acquainted with all conditions affecting the Services prior to
commencing the Services. Contractor shall make such examinations as it deems necessary to
determine the condition of the work sites, its accessibility to materials, workmen and equipment,
and to determine Contractor’s ability to protect existing surface and subsurface improvements.
No claim for allowances–time or money–will be allowed as to such matters after commencement
of the Services.
3.2.15.2 Field Measurements. Contractor shall make field measurements,
verify field conditions, and shall carefully compare such field measurements and conditions and
other information known to Contractor with the Contract, including any plans, specifications, or
scope of work before commencing Services. Errors, inconsistencies, or omissions discovered
shall be reported to the City immediately and prior to performing any Services or altering the
condition.
3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor
encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic
wastes, hazardous substances and hazardous materials as defined in California state or federal
law at the site which have not been rendered harmless, the Contractor shall immediately stop
work at the affected area and shall report the condition to the City in writing. The City shall contract
for any services required to directly remove and/or abate PCBs, hazardous substances, other
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toxic wastes, and hazardous materials, and shall not require the Contractor to subcontract for
such services. The Services in the affected area shall not thereafter be resumed except by written
agreement of the City and Contractor.
3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage
which may arise out of the nature of the Services agreed to herein, or from the action of the
elements, or from any unforeseen difficulties which may arise or be encountered in the
prosecution of the Services until the same is fully completed and accepted by City.
3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for
purposes of this Section shall be deemed to include unauthorized work which has not been
removed and any non-conforming materials incorporated into the work) to be of good quality and
free from any defective or faulty material and workmanship. Contractor agrees that for a period of
one year (or the period of time specified elsewhere in the Agreement or in any guarantee or
warranty provided by any manufacturer or supplier of equipment or materials incorporated into
the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10)
days after being notified in writing by the City of any defect in the Services or non-conformance
of the Services to the Agreement, commence and prosecute with due diligence all Services
necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act
sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its
sole cost and expense, repair and replace any portions of the work (or work of other contractors)
damaged by its defective Services or which becomes damaged in the course of repairing or
replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct
defective work shall be reinstated for an additional one (1) year period, commencing with the date
of acceptance of such corrected work. Contractor shall perform such tests as the City may require
to verify that any corrective actions, including, without limitation, redesign, repairs, and
replacements comply with the requirements of the Agreement. All costs associated with such
corrective actions and testing, including the removal, replacement, and reinstitution of equipment
and materials necessary to gain access, shall be the sole responsibility of the Contractor. All
warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any
portion of the work, whether express or implied, are deemed to be obtained by Contractor for the
benefit of the City, regardless of whether or not such warranties and guarantees have been
transferred or assigned to the City by separate agreement and Contractor agrees to enforce such
warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails
to perform its obligations under this Section, or under any other warranty or guaranty under this
Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and
replace any defective or non-conforming work and any work damaged by such work or the
replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to
fully reimburse the City for any expenses incurred hereunder upon demand.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit
“C” attached hereto and incorporated herein by reference. The maximum compensation for
Services to be provided pursuant to each approved Task Order shall be set forth in the relevant
Task Order. The total compensation, in the aggregate, shall not exceed Seven Hundred Fifty
Thousand Dollars ($750,000) without written approval of the City Council or City Manager, as
applicable.
3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices
which provides a detailed description of the Services and hours rendered by Contractor. City shall,
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within thirty (30) days of receiving such statement, review the statement and pay all non-disputed
and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from
the last date of provided Services or termination of this Agreement and failure by the Contractor
to submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not
constitute acceptance of any Services completed by Contractor. The making of final payment
shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.3.2.1 Retainer. From each approved progress estimate, five percent (5%) will be
deducted and retained by the City, and the remainder will be paid to Contractor. All Agreement
retainage shall be released and paid to the Contractor and subcontractors pursuant to California
Public Contract Code Section 7107. Contractor shall furnish City with labor and material releases
from all subcontractors performing work on, or furnishing materials for, the work governed by this
Agreement prior to final payment by City.
3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress
payment an amount necessary to protect City from loss because of: (1) stop payment notices as
allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums
representing expenses, losses, or damages as determined by the City, incurred by the City for
which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled
to recover from Contractor under the terms of the Agreement or pursuant to state law, including
Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums
from a progress payment shall not constitute a waiver of the City's right to such sums.
3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.5 Extra Work. At any time during the term of this Agreement, City may request
that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is
determined by City to be necessary for the proper completion of the Project, but which the parties
did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor
shall not perform, nor be compensated for, Extra Work without written authorization from City’s
Representative.
3.3.6 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing
wage rates and the performance of other requirements on “public works” and “maintenance”
projects. If the Services are being performed as part of an applicable “public works” or
“maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is
$15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall
provide Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Contractor shall make copies of the prevailing rates of per
diem wages for each craft, classification or type of worker needed to execute the Services
available to interested parties upon request and shall post copies at the Contractor’s principal
place of business and at the Project site. Contractor shall defend, indemnify, and hold the City,
its elected or appointed officers, and their respective agents, officials, employees, volunteers and
representatives free and harmless from any claim or liability arising out of any failure or alleged
failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and
all subcontractors to comply with all California Labor Code provisions, which include but are not
limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of
apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4
and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors
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and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll
records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to
work performed on a public works project that is exempt pursuant to the small project exemption
specified in Labor Code Section 1771.4.
3.3.7 Registration/DIR Compliance. If the Services are being performed as part of
an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or
more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all
subcontractors performing such Services must be registered with the Department of Industrial
Relations. Contractor shall maintain registration for the duration of the Project and require the
same of any subcontractors, as applicable. This Project may also be subject to compliance
monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s
sole responsibility to comply with all applicable registration and labor compliance requirements.
Any stop orders issued by the Department of Industrial Relations against Contractor or any
subcontractor that affect Contractor’s performance of Services, including any delay, shall be
Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Contractor caused delay and shall not be compensable by the City. Contractor
shall defend, indemnify, and hold the City, its elected or appointed officers, and their respective
agents, officials, employees, volunteers, and representatives free and harmless from any claim
or liability arising out of stop orders issued by the Department of Industrial Relations against
Contractor or any subcontractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate
the whole or any part of this Agreement at any time and without cause by giving written notice to
Contractor of such termination, and specifying the effective date thereof, at least seven (7) days
before the effective date of such termination. Upon termination, Contractor shall be compensated
only for those Services which have been adequately rendered to City, and Contractor shall be
entitled to no further compensation. Contractor may not terminate this Agreement except for
cause.
3.4.2 Conflict of Interest. The Contractor covenants that any and all relationships
with construction firms that may submit bids for projects developed under this agreement will
require full disclosure of any direct or indirect conflicts of interest, financial interests, relationships,
and the nature of any relationships with any related project bid submitters; and that any violation
of this provision may result in the immediate termination of the Agreement
3.4.3 Effect of Termination. If this Agreement is terminated as provided herein, City
may require Contractor to provide all finished or unfinished information of any kind pre pared by
Contractor in connection with the performance of Services under this Agreement. Contractor shall
be required to provide such document and other information within fifteen (15) days of the request.
3.4.4 Additional Services. In the event this Agreement is terminated in whole or in
part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
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Contractor: Horizon Professional Landscape, Inc.
48727 Charlton Peak Street
Coachella, CA 92236
ATTN: Rafael Mendoza, President
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Brad Chuck, Landscape Supervisor
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their
respective agents, officials, employees, volunteers and representatives free and harmless from
any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses,
liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or
equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or
persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining
to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials,
officers, employees, subcontractors, consultants or agents in connection with the performance of
the Services, the Project or this Agreement, including without limitation the payment of all expert
witness fees, attorneys’ fees and other related costs and expenses except such Claims caused
by the sole or active negligence or willful misconduct of the City.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with
counsel of City’s choosing and at Contractor’s own cost, expense, and risk, any and all Claims
covered by this section that may be brought or instituted against the City, its elected or appointed
officers, and their respective agents, officials, employees, volunteers and representatives. In
addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered
against the City, its elected or appointed officers, and their respective agents, officials, employees,
volunteers, and representatives as part of any such claim, suit, action, or other proceeding.
Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or
appointed officers, and their respective agents, officials, employees, volunteers, and
representatives as part of any such claim, suit, action, or other proceeding. Such reimbursement
shall include payment for City’s attorney’s fees and costs, including expert witness fees.
Contractor shall reimburse the City, its elected or appointed officers, and their respective agents,
officials, employees, volunteers, and representatives, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and
shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its
elected or appointed officers, and their respective agents, officials, employees, volunteers, and
representatives.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall
be governed by the laws of the State of California. Venue shall be in Riverside County. In addition
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to any and all Agreement requirements pertaining to notices of and requests for compensation or
payment for extra work, disputed work, claims and/or changed conditions, Contractor must
comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing
any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based
upon the Government Code claims shall be limited to those matters that remain unresolved after
all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have
been followed by Contractor. If no such Government Code claim is submitted, or if any
prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor
shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of this
Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other
contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer,
either directly or by operation of law, this Agreement or any interest herein without the prior written
consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates
or transferees shall acquire no right or interest by reason of such attempted assignment,
hypothecation or transfer.
3.5.8 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not
workdays. All references to Contractor include all personnel, employees, agents, and
subcontractors of Contractor, except as otherwise specified in this Agreement. All references to
the City include its elected or appointed officers, and their respective agents, officials, employees,
volunteers, and representatives except as otherwise specified in this Agreement. The captions of
the various articles and paragraphs are for convenience and ease of reference only, and do not
define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.9 Amendment; Modification. No supplement, modification or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel or otherwise.
3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in
Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed
by the Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
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3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not
paid, nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer, or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings, or agreements. This Agreement may only be modified by a writing signed by both
parties.
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SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND HORIZON PROFESSIONAL LANDSCAPE, 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
HORIZON PROFESSIONAL LANDSCAPE,
INC. A CORPORATION
By:
Rafael Mendoza
President
By:
Eric Mendoza Lee
Secretary
799029
Contractor’s License Number and
Classification
1000534321
DIR Registration Number (if applicable)
City Clerk QC: _____
Contracts QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
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Exhibit “A”
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BBK 72500.00001\32374915.1
EXHIBIT “A”
SCOPE OF SERVICES
The Proposer to be knowledgeable in the installation, repair, and maintenance of the following
park and landscape items:
Landscape and Irrigation maintenance, repair, and installation
Sod preparation and installation
Topdressing of sports turf
Park amenities material installation (sand volleyball courts, baseball infields, etc.)
Minor playground repairs
Park site furnishing repairs and installation
Medians landscape improvements
Assessment Districts improvements
Tree and shrub planting
Mow curb and related concrete repairs
Installation of cobble and inorganics
Proper traffic control as defined in the WATCH handbook
Small scale landscape projects
The scope of services is not limited to the items listed above. In addition, more detailed work
may be required, such as installation and programming of Smart Controllers, troubleshooting
faulty irrigation wires, repairing and programming two-wire irrigation systems, leveling and
grading, and other specialty work associated with park and landscape maintenance
The City intends to award the contract as a 3-year agreement with an option of (2) one-year
extensions, subject to funding availability and City Council approval. The Agreement shall not
exceed Seven Hundred Fifty Thousand Dollars ($750,000.00) per fiscal year for performance of
said Services.
No Services shall be performed by the Contractor unless authorized by the City and by a fully
executed Task Order.
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EXHIBIT “B” TASK ORDER FORM SAMPLE
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Exhibit “B”
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EXHIBIT “B” TASK ORDER FORM SAMPLE
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Exhibit “C”
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BBK 72500.00001\32374915.1
EXHIBIT “C”
COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above
may be increased or reduced each year at the time of renewal, but any increase shall not exceed
the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties. The
City and Contractor may review the CPI on an annual basis and recommend adjustments to the
City Manager or City Council for approval. Any increase shall not exceed the Consumer Price
Index.
The maximum compensation for Services to be provided pursuant to each Task Order shall be
set forth in the relevant Task Order. The total compensation, in the aggregate, shall not exceed
Seven Hundred Fifty Thousand Dollars ($750,000) without written approval of the City Council
or City Manager, as applicable.
Pricing schedule is as follows:
Position Hourly Rate
Irrigator $65.00
Foreman $60.00
Laborer $45.00
Supervisor $65.00
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded
to Horizon Professional Landscape, Inc., (hereinafter referred to as the “Contractor”) an
agreement for Parks and Landscape Enhancement Project (hereinafter referred to as the
“Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in
the Contract Documents for the Project dated December 1, 2024, (hereinafter referred to as
“Contract Documents”), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms
thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, Horizon Professional Landscape, Inc., the undersigned
Contractor and _____________________________________________ as Surety, a corporation
organized and duly authorized to transact business under the laws of the State of Califo rnia, are
held and firmly bound unto the City in the sum of Seven Hundred Fifty Thousand Dollars,
($$750,000), said sum being not less than one hundred percent (100%) of the total amount of the
Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all
materials and workmanship; and shall indemnify and save harmless the City, its elected or
appointed officers, and their respective agents, officials, employees, volunteers and
representatives, as stipulated in said Contract Documents, then this obligation shall become null
and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship,
Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder
shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s
rights or the Contractor or Surety’s obligations under the Contract, law, or equity, including, but
not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or
shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the
Contract Documents; or
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(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term
“balance of the contract price” as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California
and federal law and make available as work progresses sufficient funds to pay the
cost of completion of the Project, less the balance of the contract price, including
other costs and damages for which Surety may be liable. The term “balance of the
contract price” as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any
amount previously paid by the City to the Contractor and any other set offs
pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which
may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid
from Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City’s objection to Contractor’s further participation in the completion of the
Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract Documents or to the Project to be
performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the Contract
Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845
of the California Civil Code.
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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.
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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
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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
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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 October 24, 2024, has awarded to Horizon Professional Landscape,
Inc., hereinafter designated as the “Principal,” a contract for the work described as follows:
Parks and Landscape Enhancement 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 December 1, 2024, (“Contract Documents”), the terms
and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the Surety
on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety,
are held and firmly bound unto the City in the penal sum of Seven Hundred Fifty Thousand Dollars,
($750,000) lawful money of the United States of America, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of
the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or
other supplies, used in, upon, for or about the performance of the work contracted to be done, or
for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance
Code with respect to work or labor performed under the contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department or Franchise
Tax Board from the wages of employees of the contractor and his subcontractors pursuant to
Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety
or Sureties will pay for the same, in an amount not exceeding the sum herein above specified,
and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such
suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation
expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the
Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon
this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
pertaining or relating to any scheme or work of improvement herein above described, or pertaining
or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or
modification of any terms of payment or extension of the time for any payment pertaining or
514
Contract No. ___________
Revised 10-2024
BBK 72500.00001\32374915.1
relating to any scheme or work of improvement herein above described, nor by any rescission or
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or
subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to
recover under any such contract or agreement or under the bond, nor by any fraud practiced by
any person other than the claimant seeking to recover on the bond and that this bond be construed
most strongly against the Surety and in favor of all persons for whose benefit such bond is given,
and under no circumstances shall Surety be released from liability to those for whose benefit such
bond has been given, by reason of any breach of contract between the owner or City and original
contractor or on the part of any obligee named in such bond, but the sole conditions of recovery
shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been
paid the full amount of his claim and that Surety does hereby waive notice of any such change,
extension of time, addition, alteration or modification herein mentioned and the provisions of
sections 2819 and 2845 of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
515
Contract No. ___________
Revised 10-2024
BBK 72500.00001\32374915.1
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.
516
Contract No. ___________
Revised 10-2024
BBK 72500.00001\32374915.1
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
517
Contract No. ___________
Revised 10-2024
BBK 72500.00001\32374915.1
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
518
City of Palm Desert
PW - Operations & Maintenance
Randy Chavez, Deputy Director
73-510 Fred Waring Drive, Palm Desert, CA 92260
[MARIPOSA LANDSCAPES, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-132
Parks And Landscape Enhancement Project
RESPONSE DEADLINE: September 4, 2024 at 5:00 pm
Report Generated: Tuesday, September 10, 2024
Mariposa Landscapes, Inc. Response
CONTACT INFORMATION
Company:
Mariposa Landscapes, Inc.
Email:
estimating@mariposa-ca.com
Contact:
Larry Rudd
Address:
6232 SANTOS DIAZ ST
Irwindale, CA 91702
Phone:
(626) 960-0196 Ext: 2730
Website:
www.mariposa-ca.com
Submission Date:
Sep 4, 2024 8:32 AM (Pacific Time)
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[MARIPOSA LANDSCAPES, INC.] RESPONSE DOCUMENT REPORT
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Parks And Landscape Enhancement Project
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Request For Proposal - Parks And Landscape Enhancement Project
Page 2
ADDENDA CONFIRMATION
Addendum #1
Confirmed Aug 28, 2024 3:54 PM by Larry Rudd
QUESTIONNAIRE
1. Proposal (WITHOUT COST)*
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organ ized and
include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include:
A. Cover Letter
1. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of
the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone
number authorized to negotiate Agreement terms and compensation.
B. Experience and Technical Competence
1. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s
experience with similar Service as described in this RFP.
2. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this
RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact
person.
C. Firm Staffing and Key Personnel
1. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as
well as your firm’s capacity to provide additional personnel as needed.
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2. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and
responsibility of each individual.
3. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel.
4. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor
that is anticipated to perform each function.
D. Proposed Method to Accomplish the Work
1. Describe the technical and management approach to providing the Services to the City. Proposer should take into account
the scope of the Services, and general functions required. Include a draft firs t year schedule of tasks, milestones, and
deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described
herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the
discussion of its proposed method to accomplish the work.
Proposal_(Without_Cost).pdf
2. Fee Proposal*
The fee proposal shall include hourly rates for all personnel for “Additional Work” (as such term is defined in the prop osed Agreement
attached herein). Please provide hourly rates for the following positions at a minimum: Irrigator, Foreman, Laborer, Supervis or.
Fee_Proposal.pdf
3. Non-Collusion Declaration*
The undersigned declares:
I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organizat ion, or
corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder
to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone
else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by ag reement,
communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost
521
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Parks And Landscape Enhancement Project
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Request For Proposal - Parks And Landscape Enhancement Project
Page 4
element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, d irectly or
indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent there of to
effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liabil ity company,
limited liability partnership, or any other entity, hereby represents that he or she has fu ll power to execute, and does execute, this
declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Confirmed
4. Enter your valid CA Contractors State License Board (CSLB) number*
Please enter your License Number here. This will be verified against the state database.
592268
Click to Verify Value will be copied to clipboard
5. Enter your California Department of Industrial Relations (DIR) Registration number*
Please enter your Public Works Contractor DIR Number. This will be verified against the state database.
1000005079
Click to Verify Value will be copied to clipboard
6. Type of Business*
S Corporation (if corporation, two signatures are required)
7. Litigation*
Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5)
years (or type "N/A").
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8. Changes to Agreement*
The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify any
objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are
identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may effect
theCity's decision to enter into an Agreement.
N/A
9. No Deviations from the RFP*
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP in cluding, but not limited
to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection o f the
proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification
provisions therein (or type "N/A").
Maximum response length: 5000 characters
N/A
10. Project Team Resumes*
Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualifications,
education, and professional licensing.
Team_Resume.pdf
11. List the Signatory(s) Authorized to Sign and Bind an Agreement.*
(If two (2) signatures are required, include the following information for both signatories)
A. Full Name
B. Title
C. Physical Business Address
D. Email Address
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E. Phone Number
A. Terry Noriega
B. President
C. 6232 Santos Diaz St., Irwindale, CA 91702
D. terry@mariposa-ca.com
E. (626) 960-0196
A. Antonio Valenzuela
B. Secretary
C. 6232 Santos Diaz St., Irwindale, CA 91702
D. antonio@mariposa-ca.com
E. (626) 960-0196
12. Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accordance
with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.*
Confirmed
525
The City of Palm Desert
Parks and Landscape Enhancement Project 2024-RFP-132
Bid Due: September 4, 2024, at 5:00 pm
526
527
Our Core Values – Safety • Teamwork • Quality • Integrity Page 3
Table of contents
Cover Letter .................................................................................................................................... 2
Experience and Technical Competence .......................................................................................... 4
References .................................................................................................................................... 11
Firm Staffing and Key Personnel ................................................................................................... 12
Proposed Method to Accomplish the Work ................................................................................. 17
Fee Proposal .................................................................................................................................. 24
“We blend Nature and Craftsmanship
to create ultimate outdoor settings and extremely
satisfied customers”
528
Our Core Values – Safety • Teamwork • Quality • Integrity Page 4
Experience and Technical Competence
Background/Introduction
Mariposa is a landscape contractor working in both Southern California and Arizona.
With our staff experience and dedicated professionals, we have developed a long history of excellence
performing work on hundreds of landscape construction, maintenance and tree care projects. Our
presence in the Coachella Valley area has allow us to be an expert in Desert Landscape maintenance. With
an additional branch office established in the area, Mariposa is able to showcase our expertise with
increase efficiency.
Current areas of operation.
Highlights
Over 45 years in business
Contractor’s license in two states
Over 800 employees
Insured – $1 million workers comp, $2 million in aggregate general liability
$100 million in bonding capacity
Over 95 awards for project excellence
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Our Core Values – Safety • Teamwork • Quality • Integrity Page 5
Company Values
Safety This is the primary foundation of our company. We emphasize “safety first” on every worksite
and in all our training programs. Our employees are taught to be aware of, and responsible for,
safety at all times. We strive to prevent injuries and accidents, as well as provide a safe
environment for staff and customers alike.
Teamwork We work together, seeking input from all team members to organize our efforts for the greater
good. We always remain open to change, embracing new methods and techniques to achieve
the highest levels of quality and efficiency. We are considerate of team members, provide
support, and encourage their growth, resulting in the ultimate outcome for the team.
Quality We are committed to bringing the best possible quality for our customers and their properties
and projects. We provide prompt service, expert workmanship, and superior products. We take
pride in meeting or exceeding expectations. Our ultimate goal is to deliver excellent value for
our clients’ investment.
Integrity We are honest and open in our communications, building deep trust and confidence in all of
our relationships. We value the dedication and contribution of each person. The overall well-
being of our employees, customers and vendors is important to us.
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Our Core Values – Safety • Teamwork • Quality • Integrity Page 6
Proposer Identification
Legal Name: Mariposa Landscapes, Inc.
Street/Mailing Address: 6232 Santos Diaz St., Irwindale, CA 91702
Telephone Number: (626) 960-0196
Fax Number: (626) 960-8477
Email Address: estimating@mariposa-ca.com
President: Terry Noriega
California Corporation: C1469653
California Employer ID: 368-4753-1
Date Incorporated: October 2, 1989
Licenses & Certificates
Contractors State License: 592268 C27, A, C61/D49
Qualified Applicators License: 103864 ABCDEFH
Pest Control Adviser License: 74416 ABCDEG
Pest Control Business License: 30977
Irwindale Business License: 000538
Supplier Clearinghouse MBE: 94HS0050
City of Los Angeles MBE: 561730
City of Los Angeles LBE: 37858
LA County MBE: 89126
LA Co. Agricultural Pest Control 1000279
Certified Arborist: WE-1182A
Minority Business Enterprise
MBE Certification, File No. CCA-7150 for the City of Los Angeles, The Women and Minority Business Enterprise
Clearing house has audited and verified our eligibility as a MBE pursuant to the California Public Utilities Commission
General Order 156.
Financial Resources
Mariposa has been capable of meeting all financial obligations for over 45 years. A strong balance sheet supports
$100 Million bonding capacity.
Green Waste Processing Capability
Mariposa Landscapes, Inc. has a recycling program for green waste and paper products. We implement this
program at our local offices and at all job sites. Mariposa currently uses hybrid vehicles and electric equipment
where required. Mariposa notifies all project managers of the green initiatives prior to the award of contract.
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Our Core Values – Safety • Teamwork • Quality • Integrity Page 7
Our Services
Landscape Construction
Site Preparation, Demolition, Grading and Drainage.
Irrigation Systems Installation, Repairs & Upgrades.
Computerized Irrigation Central Control Systems.
Irrigation Pump Installation.
Native Plant Restoration and Habitat Rehabilitation.
Park construction and Athletic Field installations.
Tree, Shrub, & Ground-cover planting.
Hardscape Construction
Concrete Poured-in-Place, Stamped and Seat Walls.
Flagstone, Tile, Masonry and Block Walls.
Drainage and Overhead Construction.
Water Feature Pond Installation & Repair.
Monuments and Signage.
Low Voltage Lighting Design and Installation.
Landscape Maintenance
Private, Commercial, Public Works and Homeowner
Associations
Large Scale Mowing Operations
Comprehensive Irrigation Planning & Management.
Environmentally Friendly Integrated Pest Management.
Year-round Fertilization Application.
Baseball Field Prep and Athletic Turf Maintenance.
Porter Services and Color Design.
Parking Lot Sweeping
Tree Care
On-site Diagnosis and Tree Work Recommendations
Consultative Services with Certified Arborists.
Development of Long-term Tree Care Programs.
Large-scale Tree Trimming Removal.
Diagnosis/Treatment of Tree Diseases and Pest Problems.
Stump Grinding and Disposal of Trimmings.
GIS Tree mapping and asset management
Certified Workers & Comprehensive Insurance Coverage.
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Our Core Values – Safety • Teamwork • Quality • Integrity Page 8
WATER CONSERVATION
Our performance backs our promises
CHADWICK APARTMENTS
Maintain an attractive landscape with less water.
Our Certified technicians can evaluate your irrigation and provide practical
recommendations.
We offer weather-driven irrigation controllers and drought-tolerant landscape
conversions. Our computerized tracking system allow us to quickly diagnose
and fix problems, saving you water and money.
“ Thank you for helping us
get through the drought.
Your staff worked hard to
meet our water reduction
goals while keeping our
sites aesthetically
pleasing.”
-CITY OF GLENDALE
DESIGN IMPLEMENTATION
Bringing your vision to life
We partner with you to achieve a common goal success.
From simple to complex projects, we coordinate our vast
array of services to create the project you envision.
Award-winning craftsmanship, in depth knowledge and
high standards of professionalism are applied to every
level of work.
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Our Core Values – Safety • Teamwork • Quality • Integrity Page 9
Office Locations
Corporate Headquarters
6232 Santos Diaz Street
Irwindale, CA 91702
Phone 626 960-0196
Fax 626 960-8477
Our crew will be dispatched from a local branch office in Bermuda Dunes. The office location is about 6 miles away
from the proposed sites.
Los Angeles County
15529 Arrow Highway
Irwindale, CA 91706
Phone 626 960-0397
Fax 626 960-3809
Orange County
1107 E. Walnut St
Santa Ana, CA 92701
Phone 626 960-0196
Fax 626 960-8477
San Bernardino County
11093 Almond Avenue
Fontana, CA 92335
Phone 909 429-2546
Fax 909 429-2749
Riverside County
13333 S. Central Ave
Chino, CA 91710
Phone 626 960-0196
Fax 626 960-8477
L.A. – South Bay
1650 W 130th St
Gardena, CA 90248
Phone 626 960-0196
Fax 626 960-8477
North L.A. & Ventura
4790 E. Los Angeles Ave.
Somis, CA 93066
Phone (800) 794-9458
Fax 805-386-4140
Palm Springs
78355 Darby Rd
Bermuda Dunes, CA 92203
Phone 626 960-0196
Fax 626 960-8477
San Diego County
1833 Oceanside Blvd.
Oceanside, CA 92054
Phone 626 960-0196
Fax 626 960-8477
Arizona
7677 N. 67th Avenue
Glendale, AZ 85301
Phone 623 463-2200
Fax 623 463-2223
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Our Core Values – Safety • Teamwork • Quality • Integrity Page 10
Organization Memberships & Staff Certifications
We are dedicated to having the best-trained workforce in the industry. As members of the California Landscape
Contractors Association, we participate in the training programs offered by this industry organization. The CLCA
sponsors a rigorous “hands-on” test administered under actual field conditions. With only a 20% first time pass rate,
only the best workers are able to obtain the designation of CLT or Certified Landscape Technician. Many of the
managers and supervisors in our company have the CLT designation. No other contractor of our size and diversity in
Southern California has achieved this many certifications.
We are members of the following organizations:
CACM (California Association of Community Managers)
CAI Orange County (Community Association Institute)
CAI Los Angeles (Community Associations Institute)
CAI Greater Inland Empire (Community Association Institute)
CAI Coachella Valley (Community Association Institute)
ASA (American Subcontractors Association)
BIA Southern California (Building Industry Association)
BIA Orange County (Building Industry Association)
BOMA IE (Building Owners and Managers Association)
CLCA (California Landscape Contractors Association)
ISA (International Society of Arboriculture)
CAPCA (California Association of Pest Control Advisors)
Licensing and Certifications
California Contractor License 592268 C27-Landscaping, Class A-Engineering
Certified Arborists on staff
Certified Tree Workers on staff
Tree Work – Line Clearance Certified
Tree Work – Line Clearance Certified Instructor
Certified Playground Equipment Inspectors
Certified Water Auditor
Certified Backflow Inspectors
Licensed Pest Control Company/Pest Control Advisor
Certified Pest Control Applicators on staff
Corporate Tax I.D. Number: 95-4245898 California Corporate Tax I.D.: C1469653
California State Contractor’s License Number: 592268 A, C-27 DIR Number: 1000005079
Pest Control Advisor’s License: 74416 MBE Clearinghouse #: 20000326
Pest Control Business License: 30977 LA County LBE (LABAVN): 106243
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Our Core Values – Safety • Teamwork • Quality • Integrity Page 11
References
Here at Mariposa Landscapes, Inc. we take pride in our work and thrive on keeping our company as one of
the most recommended in the industry. Our steady record of customer satisfaction has allowed us to
maintain positive relationships with our clients.
City of Banning Term: 2022 - 2024
Landscape Maintenance Services for City Properties and Medians
Scope includes turf management, shrub bed maint., tree care, pruning,
fertilization, weed and pest control, irrigation repair and maintenance,
mowing, and edging.
$140,807 Per Yr.
Carl,
City of Desert Hot Springs Term: 2019-Current
Landscape Maintenance and Operation for LMD and DD for Zone 1 & Zone 2
Landscape Maintenance: Weed removal, chemical weed control, plant
replacement, fertilization, hedge pruning/trimming, irrigation maintenance,
irrigation repair, irrigation system testing, trash/debris pick-up, clearing walk
ways.
$188,136 Per Yr.
Nicholas Haecker, Public Works
Director
(661) 902-9987 nhaecker@cityofdhs.org
Coachella Valley Water District Term: 2019-Current
Landscaping Maintenance Services
Landscape Maintenance: Plant litter and trash control, weed/pest control,
plant maintenance, tree maintenance, hardscape and decomposed granite
planter areas, and irrigation system maintenance.
$476,160 Per Yr.
Mike Munoz, Landscape Supervisor (760) 578-6471 mmunoz@cvwd.org
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Our Core Values – Safety • Teamwork • Quality • Integrity Page 12
Firm Staffing and Key Personnel
Management Organizational Chart
Management Staff Experience
Terry Noriega – President
45+ years of experience in landscape installation and maintenance
B.S. in Ornamental Horticulture: California State Polytechnic University, Pomona
California Contractors Licenses: C-27, A, C61/D49 and C-31
Pest Control Advisor in 6 Categories
Qualified Pest Control Applicator in 7 Categories
Certified Landscape Technician in Ornamental and Turf Maintenance
ISA Certified Arborist WE-1182A
Arizona Contractor’s License: ROC178088 K-21
Arizona Qualifying Party License: 8263
Arizona Pest Control Business License: 8246
President
Terry Noriega
Finance
Controller
Theresa Lu
Human Resources
HR Manager
Brandon Huang
Sales
VP Sales & Marketing
Larry Rudd
Corporate Resources
Manager
Saul Ruiz
Operations
VP Operations
Antonio Valenzuela
Maintenance
Division Manager
Luis Valenzuela
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Our Core Values – Safety • Teamwork • Quality • Integrity Page 13
Antonio Valenzuela – VP Operations
Over 30 years of experience in landscape maintenance and irrigation
troubleshooting
Pest Control Qualified Applicator in 3 Categories
Certified Landscape Technician in Ornamental and Turf Maintenance
Certified Landscape Professional
Backflow Certification in Los Angeles County
Landscape Water Auditor: Cal Poly SLO
Past affiliation – Certified Playground Inspector
Larry Rudd – V.P. of Sales and Marketing
46 years in landscape installation and maintenance
B.S. in Business Management, University of Phoenix
Certified Landscape Technician: All Categories
WaterSense Certified
Arizona Certified Landscape Professional
American Green Zone Alliance – Electric Equipment
CPR Safety Trained
Associate instructor Cal Poly Pomona, Cal State Fullerton
Alex Del Valle – Risk Control Manager
Over 13 years of experience working in the safety industry
Certified OSHA 30
Certified AHA CPR and First Aid
Certified Forklift Instructor
Roberto Del Valle – Safety Coordinator
Over 16 years of experience working in the safety industry
Certified OSHA 8, 10, 16, and 30
Certified AHA CPR and First Aid Instructor
Certified Forklift Instructor
Certified Claims Adjuster
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Our Core Values – Safety • Teamwork • Quality • Integrity Page 14
Dennis Jones – Tree Care Regional Division Manager
Over 20 years of experience in Arbor Care
BS Degree in Urban Forestry, Cal Poly San Luis Obispo
International Society of Arboriculture Certified Arborist WE-5700A
ISA Qualified Tree Risk Assessment
TCIA Certified Tree Safety Professional 843
Qualified Applicator License – 108771, Categories B, C & F
Wildlife Protector Certification
Notary Public
Luis Valenzuela – Landscape Maintenance Division Manager
Over 25 years of experience in landscape and construction operations
Qualified Applicator License, Category B
Certified Landscape Technician, Irrigation
ISA Certified Arborist WE-8713A
Certification – Effective Business Leadership & Development – PDC/GCC
Andres Perez – Bermuda Dunes Area Manager
Over 25 years of experience in the landscape industry
Qualified Applicator License, Category B
Certified Landscape Technician, Irrigation
Certificate – Irrigation Design
Certificate – Irrigation Troubleshooting
CVAG Overseeding Certificate
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Maintenance Division Organization & Experience
Key Personnel for Palm Desert
Andres Perez
Bermuda Dunes Area Manager
P. (760) 321-2107
C. (626) 392-3050
E. Andres@mariposa-ca.com
Andres will be the person in-charge responsible for project management,
communication with account managers and primary contact with the City of Palm
Desert.
Andres has been working for Mariposa Landscapes since 1996. He has over 25 years of work experience
conducting and overseeing Public Works, Commercial and Residential landscape maintenance work. With
a vast experience in all aspects of irrigation: maintaining, repairing and diagnosis in Palm Desert region.
Andres is responsible for all aspects of project management, emphasizing safety, high quality work,
operational efficiency, and exemplary customer service. He also conducts walk-throughs to ensure that
punch lists are completed and institutes improvements to enhance the quality of work.
Certifications:
o Over 25 years of experience in the landscape industry
o Qualified Applicator License: Category B
o Certified Landscape Technician: Irrigation
o Certificate – Irrigation Design
o Certificate – Irrigation Troubleshooting
o CVAG Overseeding Certificate
Division Manager
Luis Valenzuela
Area Manager
Irwindale
Area Manager
Santa Ana
Area Manager
Bermuda Dunes
Andres Perez
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Our Core Values – Safety • Teamwork • Quality • Integrity Page 16
Team Organization
Here’s our preliminary team setup for the Parks and Landscape Enhancement Project. Andres will be
taking the lead on our management team, ensuring everything runs smoothly. He’ll be supported by
several specialized crews, each with expertise in different tasks and responsibilities assigned to various
aspects of the project.
Number Personnel/ Category Tasks Personnel
1 Area Manager Management Andres Perez
1 Account Manager Field Management TBD
1 Maintenance Crew Assigned Project TBD
1 Construction Crew Assigned Project TBD
Subcontractor
Mariposa Landscapes will not be utilizing any subcontractor.
Our company consist of numerous experts that qualify to provide specialties work without the
introduction of subcontractor. With this, Mariposa is able to provide highest quality work for the City of
Palm Desert.
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Proposed Method to Accomplish the Work
We intend to execute this contract in accordance with the City of Palm Desert’s requirements as outlined in the
proposal documents. All projects listed in the scope of services are well within our professional capabilities.
Our standard work hours are Monday to Friday, from 6 am to 2:30 pm. However, we are flexible and will adjust our
crew’s schedule as approved by the City’s representative. Our crew will begin their day from our nearest yard in
Bermuda Dunes, located approximately 6 miles away.
Our account managers will meet with the city representative to inspect and discuss the assigned tasks for the
projects. During these meetings, we will submit a brief report and schedule for the city representative to review and
approve.
Each morning, our crew will commence the assigned tasks for the day. They will be particularly mindful of safety
measures and noise levels, especially when working in residential neighborhoods. Mariposa will create a schedule
aimed at providing services during periods of low foot traffic when necessary.
Our crew foreperson will be an English-speaking gardener, ensuring clear communication on-site for these assigned
projects. All communications will be directed to our account managers and discussed with the city representative.
Project sites will be visited according to the schedule outlined in the provided RFP. All tasks will be completed as per
the specified frequency and scheduled times.
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Our Core Values – Safety • Teamwork • Quality • Integrity Page 18
Quality Control Program
We perform internal quality control on our work to free up our contract monitor or client representative (be it a
Public Works Inspector or Property Manager) so that he or she will have a reduced work load. This creates a positive
environment for everyone involved and enhances our client relationships. Our main philosophy behind quality
control is summed up in one statement “Plan your work and work your plan.” Therefore, the work is to be planned
and monitored in the following ways:
Monthly Work Schedules
The Mariposa Account Manager will submit Monthly Work Schedules describing maintenance operations of all areas
contained within this contract and when the work, including trimming, pruning and applications of
chemicals/fertilizers will be accomplished. Other work will include the removing and/or replacing of landscape
materials within the scope of this Contract. The work may include landscape renovations of planted areas and/or
turf areas. The Account Manager will develop the Monthly Work Plans and submit them to the client representative
by the agreed date of the previous month prior to the regular monthly meeting. The Monthly Work Plan will
correlate with the Annual Work Schedule in a more detailed form. After the plan is approved at the regular monthly
meeting the Monthly Schedule Evaluation Form will be completed with the client representative to evaluate the
performance of the current month. The Mariposa Supervisor is responsible for creating and submitting these
reports.
Account Manager/Client Meeting Work Quality Evaluations
A critical aspect of the work is communication. Timely and accurate schedules address a lot of this; however, there is
another important aspect that is sometimes overlooked: interpretations of quality. What is beautiful to some is not
to others, this is why specifications are written. However, there is always some level of interpretation that can vary
from person to person. The goal is to have the Mariposa Account Manager and the client representative both
interpreting the expectations of the specifications in the same way. The way we accomplish this is through a graded
evaluation of every aspect of the landscape on a site by the Mariposa Supervisor and the client representative. This
evaluation is performed prior to the regular client representative meeting by the Mariposa Supervisor. When the
regular meeting takes place, this same form is given to the client representative to evaluate the exact same items as
the Mariposa Account Manager previously graded. Any differences in evaluation that the client representative has of
the same work item or area that were graded by the Mariposa Supervisor are addressed immediately and clarified.
The frequency of these evaluations and number of work items evaluated can vary based on the work scope. Please
see the sample form provided.
Action Item Lists
Even with jobs that go perfectly there are always items that come up during walk-through inspections. These items
may have nothing to do with work quality but may be requests for improvement, additional work or notations of
concern, etc. One of the key aspects of an action item list is a target completion date. This is included for every item
on our form. The Mariposa Account Manager is committed to completion of a requested activity at an agreed upon
date. This is in writing; it’s quick and easy to fill out. The client representative will have confidence that we will keep
our promises because they are documented. Our goal is “Promises made are promises kept.” Please see the sample
form provided.
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Our Core Values – Safety • Teamwork • Quality • Integrity Page 19
Work Quality Evaluation Form
Mariposa Landscapes, Inc.
SITE INSPECTION EVALUATION FORM
Inspection Date:Job:
Job Number:
Client Representative:
ML CR ML CR
1.TURF 6.HARDSCAPE AREAS
A Color of turf acceptable A Free of trash/debris
B Turf texture, no thin/bare areas B Free of weeds in cracks
C Free of trash/debris C Standing water
D Irrigation leaks visible D Safety issues reported
E Over or under watering 7.IRRIGATION
F Dry spots A Controllers working
2.GROUND COVER/SHRUB AREAS B Controllers programmed properly
A Free of trash/debris C Schedules submitted/updated
B Free of weeds D Valves working properly
C Mulch evenly distributed E Valves leaking
D Irrigation leaks visible F Backflow(s) on
E Groundcover trimming G Backflow(s) Leaking
3.TREES/SHRUBS H Meter readings (if in scope) up-to-date
A Health/vigor I Water usage analysis up-to-date
B Trimmed per scheduled cycle 8.L.V. LIGHTING (if applies)
C Pruned correctly for species A System has power
D Walkway shrub clearance B Timer/photocell working
E Walkway tree clearance C Bulbs working
F Disease & insects controlled D Fixtures clean
G Irrigation leaks visible E Fixtures broken
H Over or under watering F Fixtures aimed properly
I Trees staked properly 9.WATER FEATURES (if applies)
4.ANNUAL COLOR/POTS A Power/working properly
A Annual flowers healthy B Leaks
B Bed/Pots free of trash/debris C Cleaned of debris at inlets
C No missing annual color plants 10.OTHER (if applies)
D Disease & insects controlled A Dog mess cleaned up
E Irrigation leaks visible B Dog stations replenished
F Over or under watering C Trash cans dumped & new liners
5.D.G. PATHS & OPEN AREAS D Play equipment clean
A Free of trash/debris E Ramadas/picnic tables/BBQs clean
B Weeds managed/controlled F Response time on call-outs
C Erosion areas repaired G General safety issues reported
ML CR
OVERALL RATING: Per the above individual ratings, pleas provide an overall rating from 1 to 10
Mariposa Account Manager Signature/Date (ML)Client Representative Signature/Date (CL)
Please give a rating of 1-10 on the following items (1 = unacceptable and 10 being perfect)
Only enter ratings for items that are applicable to this project (blank = Not Applicable at this time)
Mariposa Account Manager
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Action Items Form
Mariposa Landscapes, Inc.
ACCOUNT MANAGER INSPECTION ACTION ITEMS
Job:
Today's Date:Job Number:
Resolution
Date
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Mariposa Account Manager Signature/Date Client Representative Signature/Date
ACTION ITEMS
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Our Core Values – Safety • Teamwork • Quality • Integrity Page 21
Proposer’s Green Initiative and Environmental Sensitivity
Mariposa Landscapes, Inc. uses every effort to implement “green”
environment and energy conservation measures.
Our company has a recycling program for green waste and paper
products. We implement this program at our local offices and at all
job sites.
Mariposa currently uses hybrid vehicles and is researching and
looking forward to obtaining hybrid equipment to be used on our
contracts. We strive to be as environmentally conscientious as
possible and are expanding our operations to achieve this goal.
We have been certified by the American Green Zone Alliance –
Sustainable Land Care Certification (Electric Equipment). This puts
us at the cutting edge of industry knowledge in selecting cost effective options related to the latest in commercial
grade electric small equipment as well as mowers.
Mariposa works with all clients to assure optimum water usage where possible. With hundreds of ET “Smart”
Controller installations over the years, we can assess a property for water savings, create a solution and correctly
program these newer irrigation control devices for optimum savings.
In addition to these and other Green Initiatives, we are also committed to leading the industry in minimizing any
potential negative impact on the environment.
The key points of its strategy to achieve this are:
Minimize waste by evaluating operations and ensuring they are as efficient as possible.
Minimize toxic emissions through the selection and use of its fleet and equipment.
Actively promote recycling both internally and amongst its customers and suppliers.
Meet or exceed all the environmental legislation that relates to the Company.
Adhere to all local codes and ordinances regarding water conservation.
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Our Core Values – Safety • Teamwork • Quality • Integrity Page 22
Integrated Pest Management
Integrated pest management (IPM) is an ecosystem-based strategy that focuses on long-term prevention of pests or
their damage through a combination of techniques such as biological control, habitat manipulation, modification of
cultural practices, and use of resistant varieties. Pesticides are used only after monitoring indicates they are needed
according to established guidelines, and treatments are made with the goal of removing only the target organism.
Pest control materials are selected and applied in a manner that minimizes risks to human health, beneficial and
non-target organisms, and the environment.
Biological control
Biological control is the use of natural enemies—predators, parasites, pathogens, and competitors—to control pests
and their damage. Though Mariposa does not introduce any beneficial organisms into the environment, we do
identify and encourage their presence.
Cultural controls
Cultural controls are practices that reduce pest establishment, reproduction, dispersal, and survival. For example,
changing irrigation practices can reduce pest problems, since too much water can increase root disease and weeds.
Mechanical and physical controls
Mechanical and physical controls kill a pest directly or make the environment unsuitable for it. Traps for rodents are
examples of mechanical control. Physical controls include mulches for weed management, steam sterilization of the
soil for disease management, or barriers such as screens to keep birds or insects out.
Chemical control
Chemical control is the use of pesticides. Mariposa Landscapes uses pesticides only when needed and in
combination with other approaches for more effective, long-term control. Also, pesticides are selected and applied
in a way that minimizes their possible harm to people and the environment. With IPM we use the most selective
pesticide that will do the job and be the safest for other organisms and for air, soil, and water quality.
Step 2
Prevention
Step 3
Observation
Step 4
Intervention
Step 5
Evaluation
& Planning
Step 1
Knowledge
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Our Core Values – Safety • Teamwork • Quality • Integrity Page 23
Job Startup and Transition Schedule
Contract Executed or an Official Notice to Proceed
On new contracts we typically purchase trucks and equipment, so we cannot initiate purchases until we have a
signed commitment. Quicker startups that are 30 days or less may be an issue with supply chain delays. We prefer a
60 to 90 day start for our procurement. During this period, before the Job Start, we may have one or more meetings
with the client to meet the management staff and go over a preliminary schedule of work. We also use this interim
time to prepare more detailed maps of the areas with measurements so we can pre-order the materials we will
need (fertilizer, IPM material for weed control and other consumables.)
Job Start
On day 1 our crews will have detailed maps of the areas along with task lists and the initial schedule. Our
management is heavily involved in logistics during this time. We also go through the irrigation systems with our
technicians to perform our initial evaluation. If we find anything that is broken, inoperative or neglected, we create a
detailed list with repair pricing and a completion schedule for the customer.
30 Day Evaluation
At 30 days we have a special evaluation meeting with the customer. There are always aspects of every job that
cannot be completely spelled out in the work scope and specifications like, custom timelines, work sequences and
specific area needs. We go over the experience so far and identify what is working well and what needs adjustment.
The customer gets an action plan for any adjustments with timeline commitments from us along with the initial
irrigation system inspection.
60 Day Evaluation
At 60 days we anticipate operations to be going smoothly and meeting expectations. We perform a customer survey
to assess the customer’s perception of the experience related to the proposal process, transition to operations and
the actual performance on the job. Our goal is to receive the highest score possible from our clients and provide
complete customer satisfaction.
90 Day Evaluation
At 90 days the customer receives a survey with one question on it “Would you recommend Mariposa Landscapes to
other customers right now?” Our goal is to receive an enthusiastic “Yes” to this question.
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Our Core Values – Safety • Teamwork • Quality • Integrity Page 24
Fee Proposal
Please provide hourly rates for the following positions at a minimum: Irrigator, Foreman, Laborer,
Supervisor.
Maintenance Rates:
Laborer: $44.55
Irrigator: $68.60
Foreman: $61.06
Supervisor: 76.80
Construction Rates:
Laborer $109.73
Tender $43.71
Operator $129.17
Cement Mason $115.70
We are providing both Maintenance and Landscape rates because there is construction in the scope of
work.
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Our Core Values – Safety • Teamwork • Quality • Integrity Page 2
Key Personnel for Palm Desert
Andres Perez
Bermuda Dunes Area Manager
P. (760) 321-2107
C. (626) 392-3050
E. Andres@mariposa-ca.com
Andres will be the person in-charge responsible for project management,
communication with account managers and primary contact with the City of Palm
Desert.
Andres has been working for Mariposa Landscapes since 1996. He has over 25 years of work experience
conducting and overseeing Public Works, Commercial and Residential landscape maintenance work. With
a vast experience in all aspects of irrigation: maintaining, repairing and diagnosis in Palm Desert region.
Andres is responsible for all aspects of project management, emphasizing safety, high quality work,
operational efficiency, and exemplary customer service. He also conducts walk-throughs to ensure that
punch lists are completed and institutes improvements to enhance the quality of work.
Certifications:
o Over 25 years of experience in the landscape industry
o Qualified Applicator License: Category B
o Certified Landscape Technician: Irrigation
o Certificate – Irrigation Design
o Certificate – Irrigation Troubleshooting
o CVAG Overseeding Certificate
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CITY OF PALM DESERT
MAINTENANCE SERVICES AGREEMENT
1. Parties and Date. This Agreement is made and entered into this 1st day of December,
2024, by and between the City of Palm Desert, a municipal corporation organized under the laws
of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm
Desert, California 92260-2578, (“City”) and Mariposa Landscapes, Inc., a Corporation, with its
principal place of business at 6232 Santos Diaz Street, Irwindale, CA 91702 ("Vendor"). The
City and Vendor are sometimes individually referred to herein as "Party" and collectively as
"Parties."
2. Recitals.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing maintenance services to public clients,
that it and its subcontractors have all necessary licenses and permits to perform the services in
the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract
any portion of the work required by this Agreement, except as expressly stated herein, without
prior written approval of City. Subcontracts, if any, shall contain a provision making them subject
to all provisions stipulated in this Agreement.
2.2 Project.
The City is a public agency of the State of California and is in need of services for the
following project:
Parks and Landscape Enhancement Project
Project No. CPK00003
(hereinafter referred to as “the Project”).
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the
City all labor, materials, tools, equipment, services, and incidental and customary work necessary
to fully and adequately supply the maintenance services necessary for the Project (“Services”).
The Services are more particularly described in Exhibit “A” attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable
local, state, and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from December 1, 2024, to June
30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option,
at its sole discretion, to renew this Agreement automatically for no more than 2 additional one-
year terms. Contractor shall complete the Services within the term of this Agreement and shall
meet any other established schedules and deadlines. The Parties may, by mutual, written
consent, extend the term of this Agreement if necessary to complete the Services.
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3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine the
means, methods, and details of performing the Services subject to the requirements of this
Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Any personnel performing the Services under this Agreement on behalf of Contractor shall not be
employees of City and shall at all times be under Contractor’s exclusive direction and control.
Contractor shall pay all wages, salaries, and other amounts due such personnel in connection
with their performance of Services under this Agreement and as required by law. Contractor shall
be responsible for all reports and obligations respecting such additional personnel, including, but
not limited to social security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and
timely manner in accordance with each Task Order set forth in Exhibit “B” attached hereto and
incorporated herein by reference. Contractor represents that it has the professional and technical
personnel required to perform the Services in conformance with such conditions. Upon request
of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the
Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor
shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates Brad Chuck, Landscape
Supervisor, or his or her designee, to act as its representative for the performance of this
Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf
of the City for all purposes under this Agreement except for increasing compensation. Contractor
shall not accept direction or orders from any person other than the City’s Representative or his or
her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Terry Noriega,
President, or his or her designee, to act as its representative for the performance of this
Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority
to represent and act on behalf of the Contractor for all purposes under this Agreement. The
Contractor’s Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means, methods, techniques, sequences, and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in
the performance of Services and shall be available to City’s staff, consultants, and other staff at
all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Contractor warrants that all employees and subcontractors
shall have sufficient skill and experience to perform the Services assigned to them. Finally,
Contractor represents that it, its employees, and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Services,
including a City Business License, and that such licenses and approvals shall be maintained
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throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and
without reimbursement from the City, any services necessary to correct errors or omissions which
are caused by the Contractor’s failure to comply with the standard of care provided for herein.
Any employee of the Contractor or its sub-contractors who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform
and complete all Services under this Agreement within the term set forth in Section 3.1.2 above
(“Performance Time”). Contractor shall perform the Services in strict accordance with any
completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or
which may be provided separately in writing to the Contractor. Contractor agrees that if the
Services are not completed within the aforementioned Performance Time and/or pursuant to any
such completion schedule or Project milestones developed pursuant to provisions of this
Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant
to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidat ed
damages, and not as a penalty, the sum of Two-Hundred and Fifty Dollars ($250.00) per day for
each and every calendar day of delay beyond the Performance Time or beyond any completion
schedule or Project milestones established pursuant to this Agreement.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work
done, of any work omitted, or of any extra work which Contractor may be required to do or
respecting the size of any payment to Contractor during the performance of this Contract,
Contractor shall continue to perform the Work while said dispute is decided by the City. If
Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided
by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall
keep itself fully informed of and in compliance with all local, state, and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for
all violations of such laws and regulations in connection with the Services and this Agreement. All
violations of such laws and regulations shall be grounds for the City to terminate the Agreement
for cause. City is a public entity of the State of California subject to certain provisions of the Health
& Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is
stipulated and agreed that all provisions of the law applicable to the public contracts of a
municipality are a part of this Agreement to the same extent as though set forth herein and will be
complied with.
3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully
complies with all requirements and restrictions of state and federal law respecting the employment
of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time and shall require all subconsultants and sub -
subconsultants to comply with the same. Contractor certifies that it has not committed a violation
of any such law within the five (5) years immediately preceding the date of execution of this
Agreement and shall not violate any such law at any time during the term of the Agreement.
3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Workers’ Compensation or to undertake self-insurance
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in accordance with the provisions of that Code and agrees to comply with such provisions before
commencing the performance of the Services.
3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer, and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination. Contractor shall comply with all relevant provisions of City’s Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in
effect or hereinafter enacted.
3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws,
rules and regulations in furnishing or using equipment and/or providing services, including, but
not limited to, emissions limits and permitting requirements imposed by the California Air
Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and
requirements’ application to “portable equipment”, which definition is considered by CARB to
include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against
any fines or penalties imposed by CARB or any other governmental or regulatory agency for
violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others
for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.5 Water Quality Management and Compliance. To the extent
applicable, Contractor’s Services must account for, and fully comply with, all local, state and
federal laws, rules and regulations that may impact water quality compliance, including, without
limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300);
the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency and the State Water Resources
Control Board; the City’s ordinances regulating discharges of storm water; and any and all
regulations, policies, or permits issued pursuant to any such authority regulating the discharge of
pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or
surface water in the State. Failure to comply with the laws, regulations and policies described in
this Section is a violation of law that may subject Contractor to penalties, fines, or additional
regulatory requirements.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Contractor’s
indemnification of City, and prior to commencement of the Services, Contractor shall obtain,
provide, and maintain at its own expense during the term of this Agreement, policies of insurance
of the type and amounts described below and in a form that is satisfactory to City.
(A) General Liability Insurance. Contractor shall maintain
commercial general liability insurance with coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must include
contractual liability that has not been amended. Any endorsement restricting standard ISO
“insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Contractor arising out of or in connection
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with Work to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant
will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
(C) Umbrella or Excess Liability Insurance. Contractor may opt to
utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury, and property damage liability
coverage at least as broad as the primary coverages set forth above, including commercial
general liability and employer’s liability. Such policy or policies shall include the following terms
and conditions:
(a) A drop-down feature requiring the policy to
respond if any primary insurance that would
otherwise have applied proves to be uncollectible in
whole or in part for any reason;
(b) Pay on behalf of wording as opposed to
reimbursement;
(c) Concurrency of effective dates with primary
policies; and
(d) Policies shall “follow form” to the underlying
primary policies.
(e) Insureds under primary policies shall also be
insureds under the umbrella or excess policies.
(D) Workers’ Compensation Insurance. Contractor shall maintain
Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with
limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed
officers, and their respective agents, officials, employees, volunteers, and representatives.
(E) Fidelity Coverage. Reserved.
(F) Cyber Liability Insurance. Reserved.
a) Liability arising from the theft, dissemination
and/or use of confidential or personally identifiable information; including credit monitoring and
regulatory fines arising from such theft, dissemination, or use of confidential information.
b) Network security liability arising from the
unauthorized use of, access to, or tampering with computer systems.
c) Liability arising from the failure of technology
products (software) required under the contract for Vendor to properly perform the services
intended.
d) Electronic Media Liability arising from personal
injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-
linking or framing, and infringement or violation of intellectual property rights.
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e) Liability arising from the failure to render
professional services.
If coverage is maintained on a claims-made basis, Contractor shall maintain such coverage for
an additional period of three (3) years following termination of the Agreement.
(G) Pollution Liability Insurance. Environmental Impairment Liability
Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to
the City providing coverage for liability arising out of sudden, accidental, and gradual pollution
and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the
aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the
policy as “covered operations”. The policy shall provide coverage for the hauling of waste from
the Project site to the final disposal location, including non-owned disposal sites.
3.2.11.2 Other Provisions and Requirements.
(A) Proof of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers’ compensation. Insurance certificates and endorsements
must be approved by City’s Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required insurance policies, at
any time.
(B) Duration of Coverage. Contractor shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the work hereunder by
Contractor, his/her agents, representatives, employees, or subconsultants.
(C) Primary/Non-Contributing. Coverage provided by Contractor
shall be primary and any insurance or self-insurance procured or maintained by City shall not be
required to contribute with it. The limits of insurance required herein may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary
and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance
shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of
insurance required under this Agreement does not comply with these specifications, or is
canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will
withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City
may cancel this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by
an insurance company currently authorized by the Insurance Commissioner to transact business
of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger)
in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by
the City’s Risk Manager.
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(F) Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its
elected or appointed officers, and their respective agents, officials, employees, volunteers, and
representatives, or shall specifically allow Contractor or others providing insurance evidence in
compliance with these specifications to waive their right of recovery prior to a loss. Contractor
hereby waives its own right of recovery against the City, its elected or appointed officers, and their
respective agents, officials, employees, volunteers, and representatives, and shall require similar
written express waivers and insurance clauses from each of its subcontractors.
(G) Enforcement of Contract Provisions (non estoppel). Contractor
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Contractor of non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to a given
issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for the higher limits maintained
by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
(I) Notice of Cancellation. Contractor agrees to oblige its insurance
agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except
for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(J) Additional Insured Status. General liability, automobile liability,
and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to
provide that the City, its elected or appointed officers, and their respective agents, officials,
employees, volunteers, and representatives, shall be additional insureds under such policies. This
provision shall also apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of the
coverages required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
(L) Separation of Insureds. A severability of interests provision must
apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to
each insured against whom claim is made or suit is brought, except with respect to t he insurer’s
limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(M) Pass Through Clause. Contractor agrees to ensure that its sub-
consultants, sub-contractors, and any other party involved with the Project who is brought onto or
involved in the project by Contractor, provide the same minimum insurance coverage and
endorsements required of Contractor. Contractor agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contractor agrees that upon request, all agreements with
consultants, subcontractors, and others engaged in the Project will be submitted to City for review.
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(N) City’s Right to Revise Specifications. The City or its Risk
Manager reserves the right at any time during the term of the contract to change the amounts and
types of insurance required by giving the Contractor ninety (90) days advance written notice of
such change. If such change results in cost to the Contractor, the City and Contractor may
renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the
change shall go into effect immediately and require no advanced written notice.
(O) Self-Insured Retentions. Any self-insured retentions must be
declared to and approved by City. City reserves the right to require that self-insured retentions be
eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply
with these specifications unless approved by City.
(P) Timely Notice of Claims. Contractor shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from Contractor’s
performance under this Agreement, and that involve or may involve coverage under any of the
required liability policies.
(Q) Additional Insurance. Contractor shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the work.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its Services, the Contractor shall at all times
be in compliance with all applicable local, state and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to the nature of the
work and the conditions under which the work is to be performed. Safety precautions, where
applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.2.13 Bonds.
3.2.13.1 Performance Bond. If required by law or otherwise specifically
requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor
shall execute and provide to City concurrently with this Agreement a Performance Bond in the
amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form
provided or approved by the City. If such bond is required, no payment will be made to Contractor
until it has been received and approved by the City.
3.2.13.2 Payment Bond. If required by law or otherwise specifically
requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor
shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount
of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or
approved by the City. If such bond is required, no payment will be made to Contractor until it has
been received and approved by the City.
3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become
insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the
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affected bond within ten (10) days of receiving notice from City. In the event the surety or
Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written
notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least
ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due
or will be made under this Agreement until any replacement bonds required by this Section are
accepted by the City. To the extent, if any, that the total compensation is increased in accordance
with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds
to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to
the City. To the extent available, the bonds shall further provide that no change or alteration of
the Agreement (including, without limitation, an increase in the total compensation, as referred to
above), extensions of time, or modifications of the time, terms, or conditions of payment to the
Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City
may terminate this Agreement for cause.
3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety
insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety
must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and
satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these
requirements, the insurer will be considered qualified if it is in conformance with Section 995.660
of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.14 Accounting Records. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Contractor shall allow a representative of City during normal business
hours to examine, audit, and make transcripts or copies of such records and any other documents
created pursuant to this Agreement. Contractor shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.2.15 Work Sites.
3.2.15.1 Inspection of Site. Contractor shall visit sites where Services are
to be performed and shall become acquainted with all conditions affecting the Services prior to
commencing the Services. Contractor shall make such examinations as it deems necessary to
determine the condition of the work sites, its accessibility to materials, workmen and equipment,
and to determine Contractor’s ability to protect existing surface and subsurface improvements.
No claim for allowances–time or money–will be allowed as to such matters after commencement
of the Services.
3.2.15.2 Field Measurements. Contractor shall make field measurements,
verify field conditions, and shall carefully compare such field measurements and conditions and
other information known to Contractor with the Contract, including any plans, specifications, or
scope of work before commencing Services. Errors, inconsistencies, or omissions discovered
shall be reported to the City immediately and prior to performing any Services or altering the
condition.
3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor
encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic
wastes, hazardous substances and hazardous materials as defined in California state or federal
law at the site which have not been rendered harmless, the Contractor shall immediately stop
work at the affected area and shall report the condition to the City in writing. The City shall contract
for any services required to directly remove and/or abate PCBs, hazardous substances, other
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toxic wastes, and hazardous materials, and shall not require the Contractor to subcontract for
such services. The Services in the affected area shall not thereafter be resumed except by written
agreement of the City and Contractor.
3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage
which may arise out of the nature of the Services agreed to herein, or from the action of the
elements, or from any unforeseen difficulties which may arise or be encountered in the
prosecution of the Services until the same is fully completed and accepted by City.
3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for
purposes of this Section shall be deemed to include unauthorized work which has not been
removed and any non-conforming materials incorporated into the work) to be of good quality and
free from any defective or faulty material and workmanship. Contractor agrees that for a period of
one year (or the period of time specified elsewhere in the Agreement or in any guarantee or
warranty provided by any manufacturer or supplier of equipment or materials incorporated into
the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10)
days after being notified in writing by the City of any defect in the Services or non-conformance
of the Services to the Agreement, commence and prosecute with due diligence all Services
necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act
sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its
sole cost and expense, repair and replace any portions of the work (or work of other contractors)
damaged by its defective Services or which becomes damaged in the course of repairing or
replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct
defective work shall be reinstated for an additional one (1) year period, commencing with the date
of acceptance of such corrected work. Contractor shall perform such tests as the City may require
to verify that any corrective actions, including, without limitation, redesign, repairs, and
replacements comply with the requirements of the Agreement. All costs associated with such
corrective actions and testing, including the removal, replacement, and reinstitution of equipment
and materials necessary to gain access, shall be the sole responsibility of the Contractor. All
warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any
portion of the work, whether express or implied, are deemed to be obtained by Contractor for the
benefit of the City, regardless of whether or not such warranties and guarantees have been
transferred or assigned to the City by separate agreement and Contractor agrees to enforce such
warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails
to perform its obligations under this Section, or under any other warranty or guaranty under this
Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and
replace any defective or non-conforming work and any work damaged by such work or the
replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to
fully reimburse the City for any expenses incurred hereunder upon demand.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit
“C” attached hereto and incorporated herein by reference. The maximum compensation for
Services to be provided pursuant to each approved Task Order shall be set forth in the relevant
Task Order. The total compensation, in the aggregate, shall not exceed Seven Hundred Fifty
Thousand Dollars ($750,000) without written approval of the City Council or City Manager, as
applicable.
3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices
which provides a detailed description of the Services and hours rendered by Contractor. City shall,
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within thirty (30) days of receiving such statement, review the statement and pay all non-disputed
and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from
the last date of provided Services or termination of this Agreement and failure by the Contractor
to submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not
constitute acceptance of any Services completed by Contractor. The making of final payment
shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.3.2.1 Retainer. From each approved progress estimate, five percent (5%) will be
deducted and retained by the City, and the remainder will be paid to Contractor. All Agreement
retainage shall be released and paid to the Contractor and subcontractors pursuant to California
Public Contract Code Section 7107. Contractor shall furnish City with labor and material releases
from all subcontractors performing work on, or furnishing materials for, the work governed by this
Agreement prior to final payment by City.
3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress
payment an amount necessary to protect City from loss because of: (1) stop payment notices as
allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums
representing expenses, losses, or damages as determined by the City, incurred by the City for
which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled
to recover from Contractor under the terms of the Agreement or pursuant to state law, including
Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums
from a progress payment shall not constitute a waiver of the City's right to such sums.
3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.5 Extra Work. At any time during the term of this Agreement, City may request
that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is
determined by City to be necessary for the proper completion of the Project, but which the parties
did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor
shall not perform, nor be compensated for, Extra Work without written authorization from City’s
Representative.
3.3.6 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing
wage rates and the performance of other requirements on “public works” and “maintenance”
projects. If the Services are being performed as part of an applicable “public works” or
“maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is
$15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall
provide Contractor with a copy of the prevailing rates of per diem wa ges in effect at the
commencement of this Agreement. Contractor shall make copies of the prevailing rates of per
diem wages for each craft, classification or type of worker needed to execute the Services
available to interested parties upon request and shall post copies at the Contractor’s principal
place of business and at the Project site. Contractor shall defend, indemnify, and hold the City,
its elected or appointed officers, and their respective agents, officials, employees, volunteers and
representatives free and harmless from any claim or liability arising out of any failure or alleged
failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and
all subcontractors to comply with all California Labor Code provisions, which include but are not
limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of
apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4
and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors
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and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll
records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to
work performed on a public works project that is exempt pursuant to the small project exemption
specified in Labor Code Section 1771.4.
3.3.7 Registration/DIR Compliance. If the Services are being performed as part of
an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or
more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all
subcontractors performing such Services must be registered with the Department of Industrial
Relations. Contractor shall maintain registration for the duration of the Project and require the
same of any subcontractors, as applicable. This Project may also be subject to compliance
monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s
sole responsibility to comply with all applicable registration and labor compliance requirements.
Any stop orders issued by the Department of Industrial Relations against Contractor or any
subcontractor that affect Contractor’s performance of Services, including any delay, shall be
Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Contractor caused delay and shall not be compensable by the City. Contractor
shall defend, indemnify, and hold the City, its elected or appointed officers, and their respective
agents, officials, employees, volunteers, and representatives free and harmless from any claim
or liability arising out of stop orders issued by the Department of Industrial Relations against
Contractor or any subcontractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate
the whole or any part of this Agreement at any time and without cause by giving written notice to
Contractor of such termination, and specifying the effective date thereof, at least seven (7) days
before the effective date of such termination. Upon termination, Contractor shall be compensated
only for those Services which have been adequately rendered to City, and Contractor shall be
entitled to no further compensation. Contractor may not terminate this Agreement except for
cause.
3.4.2 Conflict of Interest. The Contractor covenants that any and all relationships
with construction firms that may submit bids for projects developed under this agreement will
require full disclosure of any direct or indirect conflicts of interest, financial interests, relationships,
and the nature of any relationships with any related project bid submitters; and that any violation
of this provision may result in the immediate termination of the Agreement
3.4.3 Effect of Termination. If this Agreement is terminated as provided herein, City
may require Contractor to provide all finished or unfinished information of any kind prepared by
Contractor in connection with the performance of Services under this Agreement. Contractor shall
be required to provide such document and other information within fifteen (15) days of the request.
3.4.4 Additional Services. In the event this Agreement is terminated in whole or in
part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
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Contractor: Mariposa Landscapes, Inc.
6232 Santos Diaz Street
Irwindale, CA 91702
ATTN: Terry Noriega, President
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Brad Chuck, Landscape Supervisor
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their
respective agents, officials, employees, volunteers and representatives free and harmless from
any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses,
liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or
equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or
persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining
to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials,
officers, employees, subcontractors, consultants or agents in connection with the performance of
the Services, the Project or this Agreement, including without limitation the payment of all expert
witness fees, attorneys’ fees and other related costs and expenses except such Claims caused
by the sole or active negligence or willful misconduct of the City.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with
counsel of City’s choosing and at Contractor’s own cost, expense, and risk, any and all Claims
covered by this section that may be brought or instituted against the City, its elected or appointed
officers, and their respective agents, officials, employees, volunteers and representatives . In
addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered
against the City, its elected or appointed officers, and their respective agents, officials, employees,
volunteers, and representatives as part of any such claim, suit, action, or other proceeding.
Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or
appointed officers, and their respective agents, officials, employees, volunteers, and
representatives as part of any such claim, suit, action, or other proceeding. Such reimbursement
shall include payment for City’s attorney’s fees and costs, including expert witness fees.
Contractor shall reimburse the City, its elected or appointed officers, and their respective agents,
officials, employees, volunteers, and representatives, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and
shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its
elected or appointed officers, and their respective agents, officials, employees, volunteers, and
representatives.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall
be governed by the laws of the State of California. Venue shall be in Riverside County. In addition
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to any and all Agreement requirements pertaining to notices of and requests for compensation or
payment for extra work, disputed work, claims and/or changed conditions, Contractor must
comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing
any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based
upon the Government Code claims shall be limited to those matters that remain unresolved after
all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have
been followed by Contractor. If no such Government Code claim is submitted, or if any
prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor
shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of this
Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other
contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer,
either directly or by operation of law, this Agreement or any interest herein without the prior written
consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates
or transferees shall acquire no right or interest by reason of such attempted assignment,
hypothecation or transfer.
3.5.8 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not
workdays. All references to Contractor include all personnel, employees, agents, and
subcontractors of Contractor, except as otherwise specified in this Agreement. All references to
the City include its elected or appointed officers, and their respective agents, officials, employees,
volunteers, and representatives except as otherwise specified in this Agreement. The captions of
the various articles and paragraphs are for convenience and ease of reference only, and do not
define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.9 Amendment; Modification. No supplement, modification or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel or otherwise.
3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in
Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed
by the Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
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3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not
paid, nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer, or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings, or agreements. This Agreement may only be modified by a writing signed by both
parties.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND MARIPOSA LANDSCAPES, 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
MARIPOSA LANDSCAPES, INC., A
CORPORATION
By:
Terry Noriega
President
By:
Antonio Valenzuela
Secretary
592268
Contractor’s License Number and
Classification
1000005079
DIR Registration Number (if applicable)
City Clerk QC: _____
Contracts QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
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Exhibit “A”
Revised 10-2024
BBK 72500.00001\32374915.1
EXHIBIT “A”
SCOPE OF SERVICES
The Proposer to be knowledgeable in the installation, repair, and maintenance of the following
park and landscape items:
Landscape and Irrigation maintenance, repair, and installation
Sod preparation and installation
Topdressing of sports turf
Park amenities material installation (sand volleyball courts, baseball infields, etc.)
Minor playground repairs
Park site furnishing repairs and installation
Medians landscape improvements
Assessment Districts improvements
Tree and shrub planting
Mow curb and related concrete repairs
Installation of cobble and inorganics
Proper traffic control as defined in the WATCH handbook
Small scale landscape projects
The scope of services is not limited to the items listed above. In addition, more detailed work
may be required, such as installation and programming of Smart Controllers, troubleshooting
faulty irrigation wires, repairing and programming two-wire irrigation systems, leveling and
grading, and other specialty work associated with park and landscape maintenance
The City intends to award the contract as a 3-year agreement with an option of (2) one-year
extensions, subject to funding availability and City Council approval. The Agreement shall not
exceed Seven Hundred Fifty Thousand Dollars ($750,000.00) per fiscal year for performance of
said Services.
No Services shall be performed by the Contractor unless authorized by the City and by a fully
executed Task Order.
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Exhibit “B”
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BBK 72500.00001\32374915.1
EXHIBIT “B” TASK ORDER FORM SAMPLE
568
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Exhibit “B”
Revised 10-2024
BBK 72500.00001\32374915.1
EXHIBIT “B” TASK ORDER FORM SAMPLE
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Exhibit “C”
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BBK 72500.00001\32374915.1
EXHIBIT “C”
COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above
may be increased or reduced each year at the time of renewal, but any increase shall not exceed
the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties. The
City and Contractor may review the CPI on an annual basis and recommend adjustments to the
City Manager or City Council for approval. Any increase shall not exceed the Consumer Price
Index.
The maximum compensation for Services to be provided pursuant to each Task Order shall be
set forth in the relevant Task Order. The total compensation, in the aggregate, shall not exceed
Seven Hundred Fifty Thousand Dollars ($750,000) without written approval of the City Council
or City Manager, as applicable.
Pricing schedule is as follows:
Maintenance Rates
Position Hourly Rate
Irrigator $68.60
Foreman $61.06
Laborer $44.55
Supervisor $76.80
Construction Rates
Position Hourly Rate
Laborer $109.73
Tender $43.71
Operator $129.17
Cement Mason $115.70
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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 Mariposa Landscapes, Inc., (hereinafter referred to as the “Contractor”) an agreement for
Parks and Landscape Enhancement Project (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in
the Contract Documents for the Project dated December 1, 2024, (hereinafter referred to as
“Contract Documents”), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms
thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, Mariposa Landscapes, 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 Seven Hundred Fifty Thousand Dollars, ($$750,000), said sum
being not less than one hundred percent (100%) of the total amount of the Contract, for which
amount well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all
materials and workmanship; and shall indemnify and save harmless the City, its elected or
appointed officers, and their respective agents, officials, employees, volunteers and
representatives, as stipulated in said Contract Documents, then this obligation shall become null
and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship,
Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder
shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s
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rights or the Contractor or Surety’s obligations under the Contract, law, or equity, including, but
not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or
shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the
Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
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]
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BBK 72500.00001\32374915.1
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.
573
Contract No. ___________
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BBK 72500.00001\32374915.1
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 instrum ent.
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
574
Contract No. ___________
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BBK 72500.00001\32374915.1
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
575
Contract No. ___________
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BBK 72500.00001\32374915.1
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 October 24, 2024, has awarded to Mariposa Landscapes, Inc.,
hereinafter designated as the “Principal,” a contract for the work described as follows:
Parks and Landscape Enhancement 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 December 1, 2024, (“Contract Documents”), the terms
and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the Surety
on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety,
are held and firmly bound unto the City in the penal sum of Seven Hundred Fifty Thousand Dollars,
($750,000) lawful money of the United States of America, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of
the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or
other supplies, used in, upon, for or about the performance of the work contracted to be done, or
for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance
Code with respect to work or labor performed under the contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department or Franchise
Tax Board from the wages of employees of the contractor and his subcontractors pursuant to
Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety
or Sureties will pay for the same, in an amount not exceeding the sum herein above specified,
and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such
suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation
expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the
Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon
this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
pertaining or relating to any scheme or work of improvement herein above described, or pertaining
or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or
modification of any terms of payment or extension of the time for any payment pertaining or
576
Contract No. ___________
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BBK 72500.00001\32374915.1
relating to any scheme or work of improvement herein above described, nor by any rescission or
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or
subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to
recover under any such contract or agreement or under the bond, nor by any fraud practiced by
any person other than the claimant seeking to recover on the bond and that this bond be construed
most strongly against the Surety and in favor of all persons for whose benefit such bond is given,
and under no circumstances shall Surety be released from liability to those for whose benefit such
bond has been given, by reason of any breach of contract between the owner or City and original
contractor or on the part of any obligee named in such bond, but the sole conditions of recovery
shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been
paid the full amount of his claim and that Surety does hereby waive notice of any such change,
extension of time, addition, alteration or modification herein mentioned and the provisions of
sections 2819 and 2845 of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
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Contract No. ___________
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BBK 72500.00001\32374915.1
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.
578
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BBK 72500.00001\32374915.1
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identit y 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
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BBK 72500.00001\32374915.1
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
580
City of Palm Desert
PW - Operations & Maintenance
Randy Chavez, Deputy Director
73-510 Fred Waring Drive, Palm Desert, CA 92260
[VINTAGE LANDSCAPE] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-132
Parks And Landscape Enhancement Project
RESPONSE DEADLINE: September 4, 2024 at 5:00 pm
Report Generated: Tuesday, September 10, 2024
Vintage Landscape Response
CONTACT INFORMATION
Company:
Vintage Landscape
Email:
brentf@thevintageco.com
Contact:
Brent Fries
Address:
78755 Darby Road
Bermuda Dunes, CA 92203
Phone:
(760) 289-9222
Website:
www.vintagelandscape.com
Submission Date:
Sep 1, 2024 7:50 PM (Pacific Time)
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[VINTAGE LANDSCAPE] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-132
Parks And Landscape Enhancement Project
[VINTAGE LANDSCAPE] RESPONSE DOCUMENT REPORT
Request For Proposal - Parks And Landscape Enhancement Project
Page 2
ADDENDA CONFIRMATION
Addendum #1
Confirmed Aug 30, 2024 7:26 PM by Brent Fries
QUESTIONNAIRE
1. Proposal (WITHOUT COST)*
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organ ized and
include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include:
A. Cover Letter
1. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of
the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone
number authorized to negotiate Agreement terms and compensation.
B. Experience and Technical Competence
1. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s
experience with similar Service as described in this RFP.
2. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this
RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact
person.
C. Firm Staffing and Key Personnel
1. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as
well as your firm’s capacity to provide additional personnel as needed.
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Parks And Landscape Enhancement Project
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Page 3
2. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and
responsibility of each individual.
3. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel.
4. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor
that is anticipated to perform each function.
D. Proposed Method to Accomplish the Work
1. Describe the technical and management approach to providing the Services to the City. Proposer should take into account
the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and
deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described
herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the
discussion of its proposed method to accomplish the work.
City_of_Palm_Desert_-_Parks_and_Landscape_Enhancement_Services.pdf
2. Fee Proposal*
The fee proposal shall include hourly rates for all personnel for “Additional Work” (as such term is defined in the proposed Agreement
attached herein). Please provide hourly rates for the following positions at a minimum: Irrigator, Foreman, Laborer, Supervisor.
City_of_PD_Enhancement_Contract_-_Labor_Costs.pdf
3. Non-Collusion Declaration*
The undersigned declares:
I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organizat ion, or
corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder
to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone
else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by ag reement,
communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost
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Page 4
element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, d irectly or
indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent there of to
effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liabil ity company,
limited liability partnership, or any other entity, hereby represents that he or she has fu ll power to execute, and does execute, this
declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Confirmed
4. Enter your valid CA Contractors State License Board (CSLB) number*
Please enter your License Number here. This will be verified against the state database.
647984
Click to Verify Value will be copied to clipboard
5. Enter your California Department of Industrial Relations (DIR) Registration number*
Please enter your Public Works Contractor DIR Number. This will be verified against the state database.
1000001926
Click to Verify Value will be copied to clipboard
6. Type of Business*
S Corporation (if corporation, two signatures are required)
7. Litigation*
Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5)
years (or type "N/A").
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Page 5
N/A
8. Changes to Agreement*
The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify any
objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are
identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may effect
theCity's decision to enter into an Agreement.
N/A
9. No Deviations from the RFP*
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited
to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection o f the
proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification
provisions therein (or type "N/A").
Maximum response length: 5000 characters
N/A
10. Project Team Resumes*
Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualifications,
education, and professional licensing.
City_of_Palm_Desert_-_Team_Resume_and_Qualifications.pdf
11. List the Signatory(s) Authorized to Sign and Bind an Agreement.*
(If two (2) signatures are required, include the following information for both signatories)
A. Full Name
B. Title
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Request For Proposal - Parks And Landscape Enhancement Project
Page 6
C. Physical Business Address
D. Email Address
E. Phone Number
A. Kyle Gritters
B. CEO
C. 78755 Darby Rd, Bermuda Dunes, CA 92203
D. kyleg@thevintageco.com
E. (805) 720-7269
A. David Smith
B. President
C. 78755 Darby Rd, Bermuda Dunes, CA 92203
D. davids@thevintageco.com
E. (760) 772-3673
12. Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accordance
with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.*
Confirmed
586
Olive- Crest
City of Palm Desert
Parks and Landscape
Enhancement Services
Company Profile & Qualifications
for Landscape Services
1587
August 30th, 2024
Brad Chuck
City of Palm Desert
RE: Parks and Landscape Enhancement Services
Thank you for the opportunity to submit our proposal for landscape enhancement projects for City of
Palm Desert. Vintage is incredibly appreciative to be part of this process. As shown during the tenure
of our Landscape Maintenance Contract, Vintage has the knowledge, expertise and experience to
maintain your landscape environment and would appreciate the opportunity to provide services to
further enhance the beauty, functionality and value of the City of Palm Desert.
Vintage Associates is a local family-owned company currently operated by the second generation who
is personally involved in every account. Vintage is unique in the landscape industry because of the
complete range of services offered to our customers. Subsidiary branches of Vintage Associates
include:
•Vintage Landscape with Tree Division and Water Management
•Vintage Nursery
•Vintage Outdoors (Landscape Design, Enhancements & Construction)
The company profile attached includes detailed information about Vintage Associates, key personnel,
and service practices.
Sincerely,
Kyle Gritters
CEO
C.C. David Smith
2588
Table of Contents
1.Vintage Associates Company History. . . . . . . . . . . . . . . . . . . . . . . . . [Pg. 4]
2.Experience and Technical Competence. . . . . . . . . . . . . . . . . . . . . . [Pg. 5-6]
3.References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .[Pg. 7-8]
4.Company’s Organization & Qualifications . . . . . . . . . . . . . . . . . [Pg. 10-16]
5.Firm Staffing and Key Personnel. . . . . . . . . . . . . . . . . . . . . [Pg. 11, 12 & 15]
6.Equipment List. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Pg. 17-18]
7.Labor Costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .[Pg. 19]
8.Proposed Method to Accomplish Work. . . . . . . . . . . . . . . . . . . .[Pg. 20-21]
3589
History of Vintage Associates
Vintage Associates is the Coachella Valley’s only full-service landscape resource
company. Vintage started business in the Coachella Valley as Steven Burt and Associates
in 1992. The company’s first maintenance contract began in 1992 with the addition of
Silver Sands Racquet Club in Palm Desert, where we worked for over twenty
years. Additionally, the partners purchased Vintage Nursery on Darby Road in Bermuda
Dunes in 1992. With the addition of the nursery, the company could provide desert
acclimated shrubs and trees to their customers and other contractors.
In 1994, Al Hollinger joined Steve Burt and in 1995 started TreeRite – Certified Arborists.
Al emphasized following ISA standards with TreeRite.
In 2001, Vintage Associates created a construction division which has morphed into
Vintage Outdoors, to help customers enhance their landscape through beautification
projects, irrigation upgrades, and more.
In 2002, Steve Burt invited Greg Gritters to work with him to help him grow his company
and lend his corporate experience.Greg came with almost 25 years of experience in
energy development and operations as an engineer working for the Unocal oil company.
In 2009, in response to the serious water issues facing the Coachella Valley, Greg
achieved certification by the Irrigation Association and became a registered EPA
WaterSense Partner.The WaterRite division was created to help homeowner
associations, commercial accounts and homeowners optimize their irrigation systems
and reduce their water bills following the implementation of tiered water rates by the
Coachella Valley Water District. In 2022 the company achieved Expert Water
Management status through CLCA.
In 2015, Kyle Gritters relocated his family to the Coachella Valley to start the succession
plan of his father Greg. With more design experience than operations, Kyle spent the
first three years working in every field position of the company.
At the end of 2018 David Smith, the nephew of the founding partners of the company,
joined Kyle as a partner to further strengthen the Nursery and Construction divisions of
the company.
4590
Vintage Associates’ experience in the Coachella Valley is unrivaled. Vintage team
members comprise of certified landscape professionals in the horticultural field with
over 100 years of combined experience, with dedication to our customers within the
Coachella Valley. The experience held by Vintage Associates includes the following:
• 30 years of experience providing Landscape Maintenance to HOAs
•20 years of experience providing Landscape Maintenance to Municipalities
•30 years of experience providing Landscape Construction & Enhancement Services
•Expert Level Water Managers from CLCA in the Inland Empire
• Emphasis on natural pruning of shrubs and professional tree care to enhance the
beauty and ensure the landscape looks like the architect designed
•History of maintaining long-term relationships with customers (over 20 years) and
our employees (30 years)
Experience and Technical Competence
5591
Certified Personnel
•BS Ornamental Horticulturist – 1
•AA Turfgrass Management – 2
•Certified Arborists – 6
•ISA Tree Risk Assessor – 2
•State Licensed Qualified Pesticide Applicators – 11
•Water Management – CLCA Expert Manager Status
•Certified Landscape Irrigation Auditors – 1
•Certified Water Managers – 2
•Certified Irrigation Technician – 1
•Certified Equipment Operator – 4
•Maxicom and Site control operators – 5
•College of the Desert – Certificate of Achievement
(Turfgrass, Pesticide Management, Arborist, Landscape &
Irrigation) – 4
6592
References
Maintenance
Desert Horizons Country Club – 23 years
P.O. Box 12710 Palm Desert, CA 92210
Association General Manager: Victor Santos Cisneros
(760) 340-5501 ext. 103
Indian Wells Tennis Gardens – 23 years
78200 Miles Avenue Indian Wells, CA 92210
Director of Facilities – Dave Sahl
(760) 200-8461
PGA West Fairways – 21 years
The Management Trust
80265 Signature Way La Quinta, CA 92253
(760) 862-6334
Andalusia – 17 years
The Management Trust
81570 Carboneras La Quinta, CA 92253
Association Manager: Kari Martin
(760) 777-1009
City of Indian Wells – 16 years
44-950 Eldorado Dr. Indian Wells, CA 92210
Field Manager: Mihai Dan
(760) 777-7621
Santa Rosa Cove – 23 years
49-991 Eisenhower La Quinta, CA 92253
Association Manager: Dave Scott
(760) 777-7621
7593
References
Construction and Enhancements
Sensei Porcupine Creek (Current)
Stephen Sampson | (530) 304-9788
Installation of all Plant & Tree material,
Irrigation, Palms and Boulders
Coachella Lakes (Current)
Jeff Coulter | (480) 703-0631
Landscape Refresh and Irrigation Retrofit
Chaparral Country Club (Current)
Dave Capra |
Berm Reduction and Irrigation Retrofit
The Garden Fellowship Church (Current)
Christian Sly | (760) 470-0472
New Landscape Installation
8594
9595
Vintage Corporate Organization
Greg Gritters
CFO
David Smith
President
Rick Valdez
Outdoors Manager
Kyle Gritters
CEO
Jasmine Meza
HR Manager
Heather Kambe
Employee Investment
Al Hollinger
Vintage Chief
Octavio Garcia Employee/Business
Development
Joe Elkins
Finance & BS
Leo Meza
Branch Manager
Rafael Esquivel
Branch Manager
Bruce Brown
Branch Manager
Cesar Tejeda
Nursery Supervisor
10596
Greg Gritters
CFO
•BS Chemical Engineering, USC
•MBA, Thunderbird School of Management
•QAL, Certified Water Manager
•25 years International Asset and Project
Management
•22 years Experience in Landscape Industry
Kyle Gritters
CEO/PARTNER
•BA Applied Design
•9 years Experience in the Landscape Industry, QAL
David Smith
PRESIDENT/PARTNER
•BS Business Administration
•26 Years experience in the landscape industry
•ISA Certified Arborist, ISA Tree Risk Assessment
Qualified
11597
Alan Hollinger
Chief Horticulturalist
•BS Ornamental Horticulture, Cal Poly
Pomona
•QAL, Certified Arborist, Instructor College
of the Desert
•36 years experience
Rafael Esquivel
Account Manager
•COD Certified Landscape & Irrigation
•QAL
•ISA Certified Arborist
•31 years of experience
Bruce Brown
Account Manager
•AS in Turf Grass Management
•QAL
•ISA Certified Arborist
•31 years of experience
Leo Meza
Account Manager
•AA Turfgrass Management
•QAL
•ISA Certified Arborist
•ISA Tree Risk Assessment Qualification
•IQ4 Expert
•21 years of experience
HOA Proposal 12598
TreeRite
Recognized Leaders in Arboriculture:
-Big Horn Country Club
-PGA West Fairways
-Indian Wells Tennis Gardens
-Sensei Porcupine Creek
Arborists on Staff:
Al Hollinger, ISA Certified Arborist
Leo Meza, ISA Certified Arborist, Tree Risk Assessor
David Smith, ISA Certified Arborist, Tree Risk Assessor
Bruce Brown, ISA Certified Arborist
Rob Downing, ISA Certified Arborist
Rafael Esquivel, ISA Certified Arborist
Equipment:
•4 Boom trucks (2@70’ and 1@60’)
•5 Vermeer chippers
•Stump Grinder
13599
14600
Vintage Outdoors
Rick Valdez
Construction Manager
•30 years of Landscape Construction and
Installation Services
Brent Fries
Enhancement Manager
•Landscape Design and Enhancement
Services
Luis Manzo
Project Manager
Daniel Lara
Project Manager
15601
Vintage Outdoors
30 Full-Time Employees
Services Provided:
-Landscape Irrigation Audits, Repairs and Installation
-Tree and Shrub Planting
-Turf Conversions
-Turf Preparation and Installation
-Landscape Improvements & Beautification
-Landscape Design & Renderings
-Artificial Turf Installation
-Concrete Mow Curb Installation
-Tree and Palm Removal, Relocation and Installation
-Large Construction Installation Projects
Operating Equipment:
-Sod Cutter
-Trencher
-Mini Excavator
-Compact Track Loader (Skid Steer)x2
-Kubota Utility Tractor
16602
Vintage Landscape Equipment
Boom Truck
Supervisor Truck
Dump Truck
17
Greenwaste Truck
Chipper truck
Irrigator Truck
603
Vintage Landscape Equipment
Sod Cutter
18
Kubota Utility TractorKubota Mini Excavator
Trencher
CAT Skid SteerKubota Mini Track Loader
604
19
Labor Costs for Extra Work
Supervisor $55.00/hr
Irrigator $45.00/hr
Foreman $45.00/hr
Laborer $35.00/hr
Equipment Operator $50.00/hr
605
20
Proposed Methods to Accomplish Work
When it comes to Project Management, our Landscape Professionals possess the
knowledge and organization to meet the schedule of tasks and deadlines. Vintage
Associates’ main goal is to conduct our work in a, safe, professional and efficient manner.
Below are some aspects of how we manage our projects:
-Assess the Project with the team. Identify the right Supervisor / Project Manager
-Identification of Risks or Challenges
-Create Project Blueprint (Scope, Budget, Timeline, etc.)
-Job walks before and after Project
-Open and honest communication internally and with customer
-Documentation from Start to Finish
-Daily Check-ins with Supervisor performing the Project
-Encourage employees to be Innovative and voice New Ideas
-Use of Project Management applications to stay Organized and on Schedule
606
Example of Project Management Tool
607
Labor Costs for Extra Work
Supervisor $55.00/hr
Irrigator $45.00/hr
Foreman $45.00/hr
Laborer $35.00/hr
Equipment Operator $50.00/hr
608
9609
Certified Personnel
•BS Ornamental Horticulturist – 1
•AA Turfgrass Management – 2
•Certified Arborists – 6
•ISA Tree Risk Assessor – 2
•State Licensed Qualified Pesticide Applicators – 11
•Water Management – CLCA Expert Manager Status
•Certified Landscape Irrigation Auditors – 1
•Certified Water Managers – 2
•Certified Irrigation Technician – 1
•Certified Equipment Operator – 4
•Maxicom and Site control operators – 5
•College of the Desert – Certificate of Achievement
(Turfgrass, Pesticide Management, Arborist, Landscape &
Irrigation) – 4
6610
Vintage Corporate Organization
Greg Gritters
CFO
David Smith
President
Rick Valdez
Outdoors Manager
Kyle Gritters
CEO
Jasmine Meza
HR Manager
Heather Kambe
Employee Investment
Al Hollinger
Vintage Chief
Octavio Garcia Employee/Business
Development
Joe Elkins
Finance & BS
Leo Meza
Branch Manager
Rafael Esquivel
Branch Manager
Bruce Brown
Branch Manager
Cesar Tejeda
Nursery Supervisor
10611
Greg Gritters
CFO
•BS Chemical Engineering, USC
•MBA, Thunderbird School of Management
•QAL, Certified Water Manager
•25 years International Asset and Project
Management
•22 years Experience in Landscape Industry
Kyle Gritters
CEO/PARTNER
•BA Applied Design
•9 years Experience in the Landscape Industry, QAL
David Smith
PRESIDENT/PARTNER
•BS Business Administration
•26 Years experience in the landscape industry
•ISA Certified Arborist, ISA Tree Risk Assessment
Qualified
11612
Alan Hollinger
Chief Horticulturalist
•BS Ornamental Horticulture, Cal Poly
Pomona
•QAL, Certified Arborist, Instructor College
of the Desert
•36 years experience
Rafael Esquivel
Account Manager
•COD Certified Landscape & Irrigation
•QAL
•ISA Certified Arborist
•31 years of experience
Bruce Brown
Account Manager
•AS in Turf Grass Management
•QAL
•ISA Certified Arborist
•31 years of experience
Leo Meza
Account Manager
•AA Turfgrass Management
•QAL
•ISA Certified Arborist
•ISA Tree Risk Assessment Qualification
•IQ4 Expert
•21 years of experience
HOA Proposal 12613
TreeRite
Recognized Leaders in Arboriculture:
-Big Horn Country Club
-PGA West Fairways
-Indian Wells Tennis Gardens
-Sensei Porcupine Creek
Arborists on Staff:
Al Hollinger, ISA Certified Arborist
Leo Meza, ISA Certified Arborist, Tree Risk Assessor
David Smith, ISA Certified Arborist, Tree Risk Assessor
Bruce Brown, ISA Certified Arborist
Rob Downing, ISA Certified Arborist
Rafael Esquivel, ISA Certified Arborist
Equipment:
•4 Boom trucks (2@70’ and 1@60’)
•5 Vermeer chippers
•Stump Grinder
13614
14615
Vintage Outdoors
Rick Valdez
Construction Manager
•30 years of Landscape Construction and
Installation Services
Brent Fries
Enhancement Manager
•Landscape Design and Enhancement
Services
Luis Manzo
Project Manager
Daniel Lara
Project Manager
15616
Contract No. ___________
1
Revised 10-2024
BBK 72500.00001\32374943.1
CITY OF PALM DESERT
MAINTENANCE SERVICES AGREEMENT
1. Parties and Date. This Agreement is made and entered into this 1st day of December,
2024, by and between the City of Palm Desert, a municipal corporation organized under the laws
of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm
Desert, California 92260-2578, (“City”) and Vintage Landscape, a Corporation, with its principal
place of business at 78755 Darby Road, Bermuda Dunes, CA 92203 ("Vendor"). The City and
Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. Recitals.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing maintenance services to p ublic clients,
that it and its subcontractors have all necessary licenses and permits to perform the services in
the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract
any portion of the work required by this Agreement, except as expressly stated herein, without
prior written approval of City. Subcontracts, if any, shall contain a provision making them subject
to all provisions stipulated in this Agreement.
2.2 Project.
The City is a public agency of the State of California and is in need of services for the
following project:
Parks and Landscape Enhancement Project
Project No. CPK00003
(hereinafter referred to as “the Project”).
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the
City all labor, materials, tools, equipment, services, and incidental and customary work necessary
to fully and adequately supply the maintenance services necessary for the Project (“Services”).
The Services are more particularly described in Exhibit “A” attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable
local, state, and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from December 1, 2024, to June
30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option,
at its sole discretion, to renew this Agreement automatically for no more than 2 additional one-
year terms. Contractor shall complete the Services within the term of this Agreement and shall
meet any other established schedules and deadlines. The Parties may, by mutual, written
consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine the
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Contract No. ___________
2
Revised 10-2024
BBK 72500.00001\32374943.1
means, methods, and details of performing the Services subject to the requirements of this
Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Any personnel performing the Services under this Agreement on behalf of Contractor shall not be
employees of City and shall at all times be under Contractor’s exclusive direction and control.
Contractor shall pay all wages, salaries, and other amounts due such personnel in connection
with their performance of Services under this Agreement and as required by law. Contractor shall
be responsible for all reports and obligations respecting such additional personnel, including, but
not limited to social security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and
timely manner in accordance with each Task Order set forth in Exhibit “B” attached hereto and
incorporated herein by reference. Contractor represents that it has the professional and technical
personnel required to perform the Services in conformance with such conditions. Upon request
of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the
Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor
shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates Brad Chuck, Landscape
Supervisor, or his or her designee, to act as its representative for the performance of this
Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf
of the City for all purposes under this Agreement except for increasing compensation. Contractor
shall not accept direction or orders from any person other than the City’s Representative or his or
her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Kyle Gritters,
CEO, or his or her designee, to act as its representative for the performance of this Agreement
(“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent
and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s
Representative shall supervise and direct the Services, using his best skill and attention, and shall
be responsible for all means, methods, techniques, sequences, and procedures and for the
satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in
the performance of Services and shall be available to City’s staff, consultants, and other staff at
all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Contractor warrants that all employees and subcontractors
shall have sufficient skill and experience to perform the Services assigned to them. Finally,
Contractor represents that it, its employees, and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Services,
including a City Business License, and that such licenses and approvals shall be maintained
throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and
without reimbursement from the City, any services necessary to correct errors or omissions which
are caused by the Contractor’s failure to comply with the standard of care provided for herein.
Any employee of the Contractor or its sub-contractors who is determined by the City to be
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Contract No. ___________
3
Revised 10-2024
BBK 72500.00001\32374943.1
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform
and complete all Services under this Agreement within the term set forth in Section 3.1.2 above
(“Performance Time”). Contractor shall perform the Services in strict accordance with any
completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or
which may be provided separately in writing to the Contractor. Contractor agrees that if the
Services are not completed within the aforementioned Performance Time and/or pursuant to any
such completion schedule or Project milestones developed pursuant to provisions of this
Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant
to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidat ed
damages, and not as a penalty, the sum of Two-Hundred and Fifty Dollars ($250.00) per day for
each and every calendar day of delay beyond the Performance Time or beyond any completion
schedule or Project milestones established pursuant to this Agreement.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work
done, of any work omitted, or of any extra work which Contractor may be required to do or
respecting the size of any payment to Contractor during the performance of this Contract,
Contractor shall continue to perform the Work while said dispute is decided by the City. If
Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided
by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall
keep itself fully informed of and in compliance with all local, state, and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for
all violations of such laws and regulations in connection with the Services and this Agreement. All
violations of such laws and regulations shall be grounds for the City to terminate the Agreement
for cause. City is a public entity of the State of California subject to certain provisions of the Health
& Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is
stipulated and agreed that all provisions of the law applicable to the public contracts of a
municipality are a part of this Agreement to the same extent as though set forth herein and will be
complied with.
3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully
complies with all requirements and restrictions of state and federal law respecting the employment
of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time and shall require all subconsultants and sub -
subconsultants to comply with the same. Contractor certifies that it has not committed a violation
of any such law within the five (5) years immediately preceding the date of execution of this
Agreement and shall not violate any such law at any time during the term of the Agreement.
3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Workers’ Compensation or to undertake self-insurance
in accordance with the provisions of that Code and agrees to comply with such provisions before
commencing the performance of the Services.
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3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer, and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination. Contractor shall comply with all relevant provisions of City’s Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in
effect or hereinafter enacted.
3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws,
rules and regulations in furnishing or using equipment and/or providing services, including, but
not limited to, emissions limits and permitting requirements imposed by the California Air
Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and
requirements’ application to “portable equipment”, which definition is considered by CARB to
include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against
any fines or penalties imposed by CARB or any other governmental or regulatory agency for
violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others
for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.5 Water Quality Management and Compliance. To the extent
applicable, Contractor’s Services must account for, and fully comply with, all local, state and
federal laws, rules and regulations that may impact water quality compliance, including, without
limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300);
the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency and the State Water Resources
Control Board; the City’s ordinances regulating discharges of storm water; and any and all
regulations, policies, or permits issued pursuant to any such authority regulating the discharge of
pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or
surface water in the State. Failure to comply with the laws, regulations and policies described in
this Section is a violation of law that may subject Contractor to penalties, fines, or additional
regulatory requirements.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Contractor’s
indemnification of City, and prior to commencement of the Services, Contractor shall obtain,
provide, and maintain at its own expense during the term of this Agreement, policies of insurance
of the type and amounts described below and in a form that is satisfactory to City.
(A) General Liability Insurance. Contractor shall maintain
commercial general liability insurance with coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must include
contractual liability that has not been amended. Any endorsement restricting standard ISO
“insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Contractor arising out of or in connection
with Work to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
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accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant
will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
(C) Umbrella or Excess Liability Insurance. Contractor may opt to
utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury, and property damage liability
coverage at least as broad as the primary coverages set forth above, including commercial
general liability and employer’s liability. Such policy or policies shall include the following terms
and conditions:
(a) A drop-down feature requiring the policy to
respond if any primary insurance that would
otherwise have applied proves to be uncollectible in
whole or in part for any reason;
(b) Pay on behalf of wording as opposed to
reimbursement;
(c) Concurrency of effective dates with primary
policies; and
(d) Policies shall “follow form” to the underlying
primary policies.
(e) Insureds under primary policies shall also be
insureds under the umbrella or excess policies.
(D) Workers’ Compensation Insurance. Contractor shall maintain
Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with
limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed
officers, and their respective agents, officials, employees, volunteers, and representatives.
(E) Fidelity Coverage. Reserved.
(F) Cyber Liability Insurance. Reserved.
a) Liability arising from the theft, dissemination
and/or use of confidential or personally identifiable information; including credit monitoring and
regulatory fines arising from such theft, dissemination, or use of confidential information.
b) Network security liability arising from the
unauthorized use of, access to, or tampering with computer systems.
c) Liability arising from the failure of technology
products (software) required under the contract for Vendor to properly perform the services
intended.
d) Electronic Media Liability arising from personal
injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-
linking or framing, and infringement or violation of intellectual property rights.
e) Liability arising from the failure to render
professional services.
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If coverage is maintained on a claims-made basis, Contractor shall maintain such coverage for
an additional period of three (3) years following termination of the Agreement.
(G) Pollution Liability Insurance. Environmental Impairment Liability
Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to
the City providing coverage for liability arising out of sudden, accidental, and gradual pollution
and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the
aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the
policy as “covered operations”. The policy shall provide coverage for the hauling of waste from
the Project site to the final disposal location, including non-owned disposal sites.
3.2.11.2 Other Provisions and Requirements.
(A) Proof of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers’ compensation. Insurance certificates and endorsements
must be approved by City’s Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required insurance policies, at
any time.
(B) Duration of Coverage. Contractor shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the work hereunder by
Contractor, his/her agents, representatives, employees, or subconsultants.
(C) Primary/Non-Contributing. Coverage provided by Contractor
shall be primary and any insurance or self-insurance procured or maintained by City shall not be
required to contribute with it. The limits of insurance required herein may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary
and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance
shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of
insurance required under this Agreement does not comply with these specifications, or is
canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will
withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City
may cancel this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by
an insurance company currently authorized by the Insurance Commissioner to transact business
of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger)
in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by
the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its
elected or appointed officers, and their respective agents, officials, employees, volunteers, and
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representatives, or shall specifically allow Contractor or others providing insurance evidence in
compliance with these specifications to waive their right of recovery prior to a loss. Contractor
hereby waives its own right of recovery against the City, its elected or appointed officers, and their
respective agents, officials, employees, volunteers, and representatives, and shall require similar
written express waivers and insurance clauses from each of its subcontractors.
(G) Enforcement of Contract Provisions (non estoppel). Contractor
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Contractor of non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to a given
issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for the higher limits maintained
by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
(I) Notice of Cancellation. Contractor agrees to oblige its insurance
agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except
for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(J) Additional Insured Status. General liability, automobile liability,
and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to
provide that the City, its elected or appointed officers, and their respective agents, officials,
employees, volunteers, and representatives, shall be additional insureds under such policies. This
provision shall also apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of the
coverages required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
(L) Separation of Insureds. A severability of interests provision must
apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to
each insured against whom claim is made or suit is brought, except with respect to t he insurer’s
limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(M) Pass Through Clause. Contractor agrees to ensure that its sub-
consultants, sub-contractors, and any other party involved with the Project who is brought onto or
involved in the project by Contractor, provide the same minimum insurance coverage and
endorsements required of Contractor. Contractor agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contractor agrees that upon request, all agreements with
consultants, subcontractors, and others engaged in the Project will be submitted to City for review.
(N) City’s Right to Revise Specifications. The City or its Risk
Manager reserves the right at any time during the term of the contract to change the amounts and
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types of insurance required by giving the Contractor ninety (90) days advance written notice of
such change. If such change results in cost to the Contractor, the City and Contractor may
renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the
change shall go into effect immediately and require no advanced written notice.
(O) Self-Insured Retentions. Any self-insured retentions must be
declared to and approved by City. City reserves the right to require that self-insured retentions be
eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply
with these specifications unless approved by City.
(P) Timely Notice of Claims. Contractor shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from Contractor’s
performance under this Agreement, and that involve or may involve coverage under any of the
required liability policies.
(Q) Additional Insurance. Contractor shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the work.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its Services, the Contractor shall at all times
be in compliance with all applicable local, state and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to the nature of the
work and the conditions under which the work is to be performed. Safety precautions, where
applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.2.13 Bonds.
3.2.13.1 Performance Bond. If required by law or otherwise specifically
requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor
shall execute and provide to City concurrently with this Agreement a Performance Bond in the
amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form
provided or approved by the City. If such bond is required, no payment will be made to Contractor
until it has been received and approved by the City.
3.2.13.2 Payment Bond. If required by law or otherwise specifically
requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor
shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount
of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or
approved by the City. If such bond is required, no payment will be made to Contractor until it has
been received and approved by the City.
3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become
insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the
affected bond within ten (10) days of receiving notice from City. In the event the surety or
Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written
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notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least
ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due
or will be made under this Agreement until any replacement bonds required by this Section are
accepted by the City. To the extent, if any, that the total compensation is increased in accordance
with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds
to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to
the City. To the extent available, the bonds shall further provide that no change or alteration of
the Agreement (including, without limitation, an increase in the total compensation, as referred to
above), extensions of time, or modifications of the time, terms, or conditions of payment to the
Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City
may terminate this Agreement for cause.
3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety
insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety
must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and
satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these
requirements, the insurer will be considered qualified if it is in conformance with Section 995.660
of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.14 Accounting Records. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Contractor shall allow a representative of City during normal business
hours to examine, audit, and make transcripts or copies of such records and any other documents
created pursuant to this Agreement. Contractor shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.2.15 Work Sites.
3.2.15.1 Inspection of Site. Contractor shall visit sites where Services are
to be performed and shall become acquainted with all conditions affecting the Services prior to
commencing the Services. Contractor shall make such examinations as it deems necessary to
determine the condition of the work sites, its accessibility to materials, workmen and equipment,
and to determine Contractor’s ability to protect existing surface and subsurface improvements.
No claim for allowances–time or money–will be allowed as to such matters after commencement
of the Services.
3.2.15.2 Field Measurements. Contractor shall make field measurements,
verify field conditions, and shall carefully compare such field measurements and conditions and
other information known to Contractor with the Contract, including any plans, specifications, or
scope of work before commencing Services. Errors, inconsistencies, or omissions discovered
shall be reported to the City immediately and prior to performing any Services or altering the
condition.
3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor
encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic
wastes, hazardous substances and hazardous materials as defined in California state or federal
law at the site which have not been rendered harmless, the Contractor shall immediately stop
work at the affected area and shall report the condition to the City in writing. The City shall contract
for any services required to directly remove and/or abate PCBs, hazardous substances, other
toxic wastes, and hazardous materials, and shall not require the Contractor to subcontract for
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such services. The Services in the affected area shall not thereafter be resumed except by written
agreement of the City and Contractor.
3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage
which may arise out of the nature of the Services agreed to herein, or from the action of the
elements, or from any unforeseen difficulties which may arise or be encountered in the
prosecution of the Services until the same is fully completed and accepted by City.
3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for
purposes of this Section shall be deemed to include unauthorized work which has not been
removed and any non-conforming materials incorporated into the work) to be of good quality and
free from any defective or faulty material and workmanship. Contractor agrees that for a period of
one year (or the period of time specified elsewhere in the Agreement or in any guarantee or
warranty provided by any manufacturer or supplier of equipment or materials incorporated into
the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10)
days after being notified in writing by the City of any defect in the Services or non-conformance
of the Services to the Agreement, commence and prosecute with due diligence all Services
necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act
sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its
sole cost and expense, repair and replace any portions of the work (or work of other contractors)
damaged by its defective Services or which becomes damaged in the course of repairing or
replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct
defective work shall be reinstated for an additional one (1) year period, commencing with the date
of acceptance of such corrected work. Contractor shall perform such tests as the City may require
to verify that any corrective actions, including, without limitation, redesign, repairs, and
replacements comply with the requirements of the Agreement. All costs associated with such
corrective actions and testing, including the removal, replacement, and reinstitution of equipment
and materials necessary to gain access, shall be the sole responsibility of the Contractor. All
warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any
portion of the work, whether express or implied, are deemed to be obtained by Contractor for the
benefit of the City, regardless of whether or not such warranties and guarantees have been
transferred or assigned to the City by separate agreement and Contractor agrees to enforce such
warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails
to perform its obligations under this Section, or under any other warranty or guaranty under this
Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and
replace any defective or non-conforming work and any work damaged by such work or the
replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to
fully reimburse the City for any expenses incurred hereunder upon demand.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit
“C” attached hereto and incorporated herein by reference. The maximum compensation for
Services to be provided pursuant to each approved Task Order shall be set forth in the relevant
Task Order. The total compensation, in the aggregate, shall not exceed Seven Hundred Fifty
Thousand Dollars ($750,000) without written approval of the City Council or City Manager, as
applicable.
3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices
which provides a detailed description of the Services and hours rendered by Contractor. City shall,
within thirty (30) days of receiving such statement, review the statement and pay all non-disputed
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and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from
the last date of provided Services or termination of this Agreement and failure by the Contractor
to submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not
constitute acceptance of any Services completed by Contractor. The making of final payment
shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.3.2.1 Retainer. From each approved progress estimate, five percent (5%) will be
deducted and retained by the City, and the remainder will be paid to Contractor. All Agreement
retainage shall be released and paid to the Contractor and subcontractors pursuant to California
Public Contract Code Section 7107. Contractor shall furnish City with labor and material releases
from all subcontractors performing work on, or furnishing materials for, the work governed by this
Agreement prior to final payment by City.
3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress
payment an amount necessary to protect City from loss because of: (1) stop payment notices as
allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums
representing expenses, losses, or damages as determined by the City, incurred by the City for
which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled
to recover from Contractor under the terms of the Agreement or pursuant to state law, including
Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums
from a progress payment shall not constitute a waiver of the City's right to such sums.
3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.5 Extra Work. At any time during the term of this Agreement, City may request
that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is
determined by City to be necessary for the proper completion of the Project, but which the parties
did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor
shall not perform, nor be compensated for, Extra Work without written authorization from City’s
Representative.
3.3.6 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing
wage rates and the performance of other requirements on “public works” and “maintenance”
projects. If the Services are being performed as part of an applicable “public works” or
“maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is
$15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall
provide Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Contractor shall make copies of the prevailing rates of per
diem wages for each craft, classification or type of worker needed to execute the Services
available to interested parties upon request and shall post copies at the Contractor’s principal
place of business and at the Project site. Contractor shall defend, indemnify, and hold the City,
its elected or appointed officers, and their respective agents, officials, employees, volunteers and
representatives free and harmless from any claim or liability arising out of any failure or alleged
failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and
all subcontractors to comply with all California Labor Code provisions, which include but are not
limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of
apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4
and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors
and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll
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records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to
work performed on a public works project that is exempt pursuant to the small project exemption
specified in Labor Code Section 1771.4.
3.3.7 Registration/DIR Compliance. If the Services are being performed as part of
an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or
more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all
subcontractors performing such Services must be registered with the Department of Industrial
Relations. Contractor shall maintain registration for the duration of the Project and require the
same of any subcontractors, as applicable. This Project may also be subject to compliance
monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s
sole responsibility to comply with all applicable registration and labor compliance requirements.
Any stop orders issued by the Department of Industrial Relations against Contractor or any
subcontractor that affect Contractor’s performance of Services, including any delay, shall be
Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Contractor caused delay and shall not be compensable by the City. Contractor
shall defend, indemnify, and hold the City, its elected or appointed officers, and their respective
agents, officials, employees, volunteers, and representatives free and harmless from any claim
or liability arising out of stop orders issued by the Department of Industrial Relations against
Contractor or any subcontractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate
the whole or any part of this Agreement at any time and without cause by giving written notice to
Contractor of such termination, and specifying the effective date thereof, at least seven (7) days
before the effective date of such termination. Upon termination, Contractor shall be compensated
only for those Services which have been adequately rendered to City, and Contractor shall be
entitled to no further compensation. Contractor may not terminate this Agreement except for
cause.
3.4.2 Conflict of Interest. The Contractor covenants that any and all relationships
with construction firms that may submit bids for projects developed under this agreement will
require full disclosure of any direct or indirect conflicts of interest, financial interests, relationships,
and the nature of any relationships with any related project bid submitters; and that any violation
of this provision may result in the immediate termination of the Agreement
3.4.3 Effect of Termination. If this Agreement is terminated as provided herein, City
may require Contractor to provide all finished or unfinished information of any kind prepared by
Contractor in connection with the performance of Services under this Agreement. Contractor shall
be required to provide such document and other information within fifteen (15) days of the request.
3.4.4 Additional Services. In the event this Agreement is terminated in whole or in
part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
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Contractor: Vintage Landscape
78755 Darby Road
Bermuda Dunes, CA 92203
ATTN: Kyle Gritters, CEO
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Brad Chuck, Landscape Supervisor
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their
respective agents, officials, employees, volunteers and representatives free and harmless from
any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses,
liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or
equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or
persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining
to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials,
officers, employees, subcontractors, consultants or agents in connection with the performance of
the Services, the Project or this Agreement, including without limitation the payment of all expert
witness fees, attorneys’ fees and other related costs and expenses except such Claims caused
by the sole or active negligence or willful misconduct of the City.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with
counsel of City’s choosing and at Contractor’s own cost, expense, and risk, any and all Claims
covered by this section that may be brought or instituted against the City, its elected or appointed
officers, and their respective agents, officials, employees, volunteers and representatives. In
addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered
against the City, its elected or appointed officers, and their respective agents, officials, employees,
volunteers, and representatives as part of any such claim, suit, action, or other proceeding.
Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or
appointed officers, and their respective agents, officials, employees, volunteers, and
representatives as part of any such claim, suit, action, or other proceeding. Such reimbursement
shall include payment for City’s attorney’s fees and costs, including expert witness fees.
Contractor shall reimburse the City, its elected or appointed officers, and their respective agents,
officials, employees, volunteers, and representatives, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and
shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its
elected or appointed officers, and their respective agents, officials, employees, volunteers, and
representatives.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall
be governed by the laws of the State of California. Venue shall be in Riverside County. In addition
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to any and all Agreement requirements pertaining to notices of and requests for compensation or
payment for extra work, disputed work, claims and/or changed conditions, Contractor must
comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing
any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based
upon the Government Code claims shall be limited to those matters that remain unresolved after
all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have
been followed by Contractor. If no such Government Code claim is submitted, or if any
prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor
shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of this
Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other
contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer,
either directly or by operation of law, this Agreement or any interest herein without the prior written
consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates
or transferees shall acquire no right or interest by reason of such attempted assignment,
hypothecation or transfer.
3.5.8 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not
workdays. All references to Contractor include all personnel, employees, agents, and
subcontractors of Contractor, except as otherwise specified in this Agreement. All references to
the City include its elected or appointed officers, and their respective agents, officials, employees,
volunteers, and representatives except as otherwise specified in this Agreement. The captions of
the various articles and paragraphs are for convenience and ease of reference only, and do not
define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.9 Amendment; Modification. No supplement, modification or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel or otherwise.
3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in
Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed
by the Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
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3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not
paid, nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer, or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings, or agreements. This Agreement may only be modified by a writing signed by both
parties.
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SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND VINTAGE LANDSCAPE
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
VINTAGE LANDSCAPE, A CORPORATION
By:
Kyle Gritters
CEO
By:
David Smith
Secretary
647984
Contractor’s License Number and
Classification
1000001926
DIR Registration Number (if applicable)
City Clerk QC: _____
Contracts QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
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Exhibit “A”
Revised 10-2024
BBK 72500.00001\32374915.1
EXHIBIT “A”
SCOPE OF SERVICES
The Proposer to be knowledgeable in the installation, repair, and maintenance of the following
park and landscape items:
Landscape and Irrigation maintenance, repair, and installation
Sod preparation and installation
Topdressing of sports turf
Park amenities material installation (sand volleyball courts, baseball infields, etc.)
Minor playground repairs
Park site furnishing repairs and installation
Medians landscape improvements
Assessment Districts improvements
Tree and shrub planting
Mow curb and related concrete repairs
Installation of cobble and inorganics
Proper traffic control as defined in the WATCH handbook
Small scale landscape projects
The scope of services is not limited to the items listed above. In addition, more detailed work
may be required, such as installation and programming of Smart Controllers, troubleshooting
faulty irrigation wires, repairing and programming two-wire irrigation systems, leveling and
grading, and other specialty work associated with park and landscape maintenance
The City intends to award the contract as a 3-year agreement with an option of (2) one-year
extensions, subject to funding availability and City Council approval. The Agreement shall not
exceed Seven Hundred Fifty Thousand Dollars ($750,000.00) per fiscal year for performance of
said Services.
No Services shall be performed by the Contractor unless authorized by the City and by a fully
executed Task Order.
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Exhibit “B”
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BBK 72500.00001\32374915.1
EXHIBIT “B” TASK ORDER FORM SAMPLE
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Exhibit “B”
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BBK 72500.00001\32374915.1
EXHIBIT “B” TASK ORDER FORM SAMPLE
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Exhibit “C”
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BBK 72500.00001\32374915.1
EXHIBIT “C”
COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above
may be increased or reduced each year at the time of renewal, but any increase shall not exceed
the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties. The
City and Contractor may review the CPI on an annual basis and recommend adjustments to the
City Manager or City Council for approval. Any increase shall not exceed the Consumer Price
Index.
The maximum compensation for Services to be provided pursuant to each Task Order shall be
set forth in the relevant Task Order. The total compensation, in the aggregate, shall not exceed
Seven Hundred Fifty Thousand Dollars ($750,000) without written approval of the City Council
or City Manager, as applicable.
Pricing schedule is as follows:
Position Hourly Rate
Irrigator $45.00
Foreman $45.00
Laborer $35.00
Equipment Operator $50.00
Supervisor $55.00
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded
to Vintage Landscape, (hereinafter referred to as the “Contractor”) an agreement for Parks and
Landscape Enhancement Project (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in
the Contract Documents for the Project dated December 1, 2024, (hereinafter referred to as
“Contract Documents”), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms
thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, Vintage Landscape, 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 Seven Hundred Fifty Thousand Dollars, ($$750,000), said sum
being not less than one hundred percent (100%) of the total amount of the Contract, for which
amount well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all
materials and workmanship; and shall indemnify and save harmless the City, its elected or
appointed officers, and their respective agents, officials, employees, volunteers and
representatives, as stipulated in said Contract Documents, then this obligation shall become null
and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship,
Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder
shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s
rights or the Contractor or Surety’s obligations under the Contract, law, or equity, including, but
not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or
shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the
Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
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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 th e
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.
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BBK 72500.00001\32374915.1
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.
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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
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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
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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 October 24, 2024, has awarded to Vintage Landscape, hereinafter
designated as the “Principal,” a contract for the work described as follows:
Parks and Landscape Enhancement 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 December 1, 2024, (“Contract Documents”), the terms
and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the Surety
on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety,
are held and firmly bound unto the City in the penal sum of Seven Hundred Fifty Thousand Dollars,
($750,000) lawful money of the United States of America, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of
the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or
other supplies, used in, upon, for or about the performance of the work contracted to be done, or
for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance
Code with respect to work or labor performed under the contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department or Franchise
Tax Board from the wages of employees of the contractor and his subcontractors pursuant to
Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety
or Sureties will pay for the same, in an amount not exceeding the sum herein above specified,
and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such
suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation
expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the
Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon
this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
pertaining or relating to any scheme or work of improvement herein above described, or pertaining
or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or
modification of any terms of payment or extension of the time for any payment pertaining or
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relating to any scheme or work of improvement herein above described, nor by any rescission or
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or
subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to
recover under any such contract or agreement or under the bond, nor by any fraud practiced by
any person other than the claimant seeking to recover on the bond and that this bond be construed
most strongly against the Surety and in favor of all persons for whose benefit such bond is given,
and under no circumstances shall Surety be released from liability to those for whose benefit such
bond has been given, by reason of any breach of contract between the owner or City and original
contractor or on the part of any obligee named in such bond, but the sole conditions of recovery
shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been
paid the full amount of his claim and that Surety does hereby waive notice of any such change,
extension of time, addition, alteration or modification herein mentioned and the provisions of
sections 2819 and 2845 of the California Civil Code.
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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.
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BBK 72500.00001\32374915.1
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
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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
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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
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City of Palm Desert, County of Riverside, California State Parks, Esri,
TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS,
Landscape
Palm Desert City Boundary
7/30/2024
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Sources: Esri, DeLorme,
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CITY MAINTAINED
PRIVATELY MAINTAINED
RANCHO MIRAGE
CITY OF PALM DESERT
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: October 24, 2024
PREPARED BY: Nick Melloni, AICP, Principal Planner
SUBJECT: INTRODUCTION OF AN ORDINANCE TO AMEND SECTIONS OF TITLE
27 GRADING OF THE PALM DESERT MUNICIPAL AND MAKING A
FINDING OF EXEMPTION UNDER CEQA
RECOMMENDATION:
Introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, UPDATING SECTIONS OF TITLE 27 GRADING AND MAKING
A FINDING OF EXEMPTION UNDER CEQA.”
EXECUTIVE SUMMARY
Adopting staff’s recommendation will pass the proposed ordinance amend ing sections of Title
27, also known as the City’s Grading Ordinance, to second reading. The current Grading
Ordinance, originally adopted in 1976, has been amended sporadically since that time. The
proposed ordinance will implement new requirements such as finished grade sensitive transition
requirement which will limit grade elevations of new development adjacent to existing residential
developments, and stockpiling grading requirements to require permittees enter into agreements
and provide securities, including bonds or cash deposits, with the City. Future amendments will
include a comprehensive amendment to the Grading Ordinance, followed by the adoption of a
Unified Development Code (“UDC”), which is expected to occur within the next 18 to 24 months.
These efforts will further integrate the Grading Ordinance with the Subdivision and Zoning Titles.
BACKGROUND
Title 27 (“Grading Ordinance”) of the Palm Desert Municipal Code (“PDMC”) establishes
regulations for grading in the incorporated areas of the City of Palm Desert. The general purpose
of the Grading Ordinance is to safeguard life, limb, property, and the public welfare by regulating
grading and controlling the quality of water runoff on private and public property within the City.
The current Grading Ordinance was originally adopted by the City in 1976 and has been
sporadically amended approximately seven times with the most recent major amendment
occurring in 1987. Changes in City staffing, unclear procedures, outdated verbiage, and new
state laws for housing necessitate a comprehensive update to the Grading Ordinance.
On September 12, 2024, during the City Council Study Session, City staff presented
recommended policy updates which would affect Title 26 (Subdivision Ordinance) and the
Grading Ordinance. Recommended policy updates to the grading ordinance included the
following:
Establish a grading pad elevation transition standard for infill developments, adjacent to
existing residential which limits the height of new finished pads to 5’-0” above existing
grade of the existing developments within 100 feet of the project’s property line with
exceptions for master planned communities.
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Require permitting for temporary stockpiling which establishes requirements that follow
current best practices.
ANALYSIS
The proposed ordinance will generally make updates to implement the finished grade sensitive
height transition standards, make agreements and securities mandatory for stockpiling to assure
work is completed in a timely manner, or provide an option for the City to remediate, if necessary.
The proposed amendments also include appu rtenant definitions to support the policies for
finished grade height.
Section 1 through 6 – Chapter 25.08 - Definitions
These sections add or amend terms used in the ordinance in support of the proposed finished
grade transition standard. These terms include “abut”, “building pad”, and definitions for the
“existing”, “finished” and “natural grade” of a site.
Section 7 – Section 27.12.048 - Finished Grade Transition Standard
The intent of this section is to establish design standards for sensitive transition of finished grade
for new development which abuts existing residential development. This standard will require
new developments to limit height of increased finished grade to five feet above the existing grade
at the property boundary, within 100 feet of an existing residential development.
This section would apply to new development adjacent to existing residential de velopments, and
are increasing the grade. Exceptions can be made for master planned projects, if the grade is
necessary for public health and safety and public welfare, or the site topography prevents
alternative designs with lower pads.
Section 8 - 27.28.155 Stockpiling
This change will add a requirement that all stockpiling requires agreements and securities ,
including bonds or cash deposits, to ensure the work is completed and provide for site
restoration, if the City must complete it. Additionally, all references to mining have been removed
since this activity is not allowed.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
Public Input:
A ten-day public hearing notice for this item was posted in the Desert Sun newspaper on Friday,
October 11, 2024. No comments have been submitted to City staff regarding this action.
Environment Review:
The proposed Ordinance is a Project pursuant to the requirements of the California
Environmental Quality Act. The proposed Ordinance is exempt from further environmental
review under CEQA pursuant to State CEQA Guidelines Section 15061(b)(3) because it can be
seen with certainty that the Ordinance would not have the potential or possibility for causing a
significant effect on the environment. Specifically, the proposed changes to the Municipal Code
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Title 27 – Grading Ordinance Amendment
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are primarily technical and administrative in nature. No construction is proposed, and the
amendments do not constitute any project approvals.
FINANCIAL IMPACT:
The is no direct financial impact to the General Fund with this action.
ATTACHMENTS:
1. Draft City Council Ordinance
2. Attachment “A”
3. Public Hearing Notice
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ORDINANCE NO. 2024- _______
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.
THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Amendment to Municipal Code. The City Council hereby adopts the
updated sections of the Palm Desert Municipal Code Title 27 Grading, attached hereto
as Attachment “A.”
SECTION 2. CEQA Exemption. The City Council finds and determines tha t the
proposed ordinance amendment qualifies for exemption from the California
Environmental Quality Act (CEQA) for the “common sense” exemption under Section
15061(b)(3). The ordinance introduces procedures specifically designed to safeguard
environmental interests without authorizing physical changes. There is no possibility of
a significant environmental impact. The ordinance primarily addresses administrative
processes and regulatory guidance, without permitting construction activities, physical
alterations, or increases in development density. It refines regulatory compliance and
oversight rather than promoting physical development. Importantly, no specific grading
projects are approved under this ordinance; any such project would require a separate
environmental review in compliance with CEQA. Thus, the ordinance is procedural in
nature, reinforcing environmental protection and ensuring it bears no potential for
significant environmental impact, supporting its qualification for the CEQA “common
sense” exemption.
SECTION 3. Severability. If any section, subsection, sentence, clause, or phrase
of this ordinance is for any reason held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining portions of this ordinance . The City Council
hereby declares that it would have passed this ordinance, and each section, subsection,
sentence, clause and phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared i nvalid.
SECTION 4. Posting and Publication. The City Clerk of the City of Palm Desert,
California, is hereby directed to publish this Ordinance in the Desert Sun, a newspaper of
general circulation, published and circulated in the City of Palm Desert, California, and
shall be in full force and effective thirty (30) days after its adoption.
ADOPTED ON ___________________, 2024.
KARINA QUINTANILLA
MAYOR
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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 _________, 2024, and adopted at a
regular meeting of the City Council held on __________, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on ____________________.
ANTHONY J. MEJIA
CITY CLERK
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1
ATTACHMENT “A”
GRADING ORDINANCE AMENDMENT
SECTION 1. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code Section 27.08.015 Abut is hereby added as follows:
27.08.015 Abut
“Abut” means two, or greater, adjoining parcels of property with a common property line.
Properties separated by a public street right -of-way will not generally be considered
adjoining.
SECTION 2. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code Section 27.08.027 Building Pad is hereby added as follows:
27.08.027 Building Pad
“Building pad” means the level padded yard area created through grading for a building
site and other ancillary uses. Areas with slopes of five to one or flatter are considered
level padded yard areas. Driveways providing access to the building pad are not included
as part of the total permitted level pad area.
SECTION 3. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code Section 27.08.130 Grade is hereby repealed and replaced as follows:
27.08.130 Grade
“Grade” means the vertical location of the ground surface.
SECTION 4. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code Section 27.08.132 Grade, Existing is hereby added as follows:
27.08.132 Grade, Existing
“Grade, Existing” or “Existing Grade” means the ground surface prior to grading.
SECTION 5. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code Section 27.08.134 Grade, Finished is hereby added as follows:
27.08.134 Grade, Finished
“Grade, Finished” or “Finished Grade” means the final grade of the site which conforms
to the approved plan.
SECTION 6. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code Section 27.08.136 Grade, Natural is hereby added as follows:
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27.08.136 Grade, Natural
“Grade, natural” or "Natural grade" means the ground surface unaltered by artificial
means.
SECTION 7. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code Section 27.12.048 Finished Grade Transition Standard is hereby added as
follows:
27.12.048 Finished Grade Transition Standard
A. Intent. The intent of this section is to establish design standards for sensitive
transition of finished grade for new development which abuts exist ing residential
development.
B. Finished grade height restriction. Where a proposed development proposes to
establish a finished grade which exceeds the elevation of the natural or existing
grade of a site which abuts a residential development that is occupied at the time
of application submittal, the maximum finished grade within one -hundred
horizontal feet of the common property shall not exceed five -feet as established by
a vertical measurement from the approved finished grade at the common property
line with the abutting residential development, except in the following instances:
1. Master Planned Communities. The existing residential development and
proposed development were approved by the City at the same time in a master
plan, precise plan, specific plan, tentative map, or other phased land use
approval.
2. Environmental and Hazard Mitigation. A higher finished grade elevation is
necessary to in order to mitigate anticipated adverse environmental effects,
and/or hazards to public health and safety, which ca nnot otherwise be mitigated
by other means upon justification provided by the project applicant. An
applicant shall take all necessary measures to minimize the finished grade and
enhance the design of the transition area.
3. Site Topography. Due to the presence of significant topography on a site
including, but not limited to hillside slopes in excess of 10%, thereby making a
lower finished pad elevation is not feasible.
SECTION 8. Amendment to Palm Desert Municipal Code. Palm Desert
Municipal Code Section 27.28.155 Stockpiling and mining is hereby repealed and
replaced as follows:
27.28.155 Stockpiling.
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A. Stockpiling of appropriate fill material will be allowed for a period no longer than six
months with a six-month extension for a maximum of twelve months under the following
conditions:
1. The applicant shall have an approved grading plan;
2. The applicant shall enter into an agreement with the City, upon forms approved
by the City Attorney, and the applicant shall provide securities for potential site
restoration in an amount to be determined by the City Engineer;
3. Should the city have a construction project which necessitates stockpi ling, the
stockpiled material shall be removed upon completion of the project.
4. All material stockpiled shall be maintained in such a manner as to not cause a
public nuisance. The applicant shall agree to take any corrective action necessary
to eliminate the public nuisance. In the event any required corrective action is not
accomplished by the applicant, the city will use its forces or a contractor to
accomplish the remedial action. The cost of such remedial action, including
attorney’s fees and costs, shall be the responsibility of the property owner.
B. Permits for stockpiling will be in the form of a standard city grading permit.
659
660
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
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO CONSIDER ADOPTION OF AN
ORDINANCE AMENDING TITLE 27 – GRADING OF THE PALM DESERT MUNICIPAL CODE
AND MAKING FINDINGS UNDER THE CALIFORNIA ENVIRONEMNTAL QUALITY ACT
(CEQA)
The City of Palm Desert (City), in its capacity as the Lead Agency for this project, has determined
the action is exempt pursuant to CEQA Guidelines section 15061(b)(3).
PROJECT LOCATION: Citywide
PROJECT DESCRIPTION: The action to be considered is an ordinance which will amend the
entirety of Title 27 of the Palm Desert Municipal Code regarding procedures and requirements for
grading.
PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Desert,
California, will hold a Public Hearing on Thursday, October 24, 2024. 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 lease rate and
licensing requires 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
October 11, 2024 CITY OF PALM DESERT, CALIFORNIA
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: October 24, 2024
PREPARED BY: Nick Melloni, AICP, Principal Planner
SUBJECT: RESOLUTION ESTABLISHING AN ANNUAL LEASE RATE FOR DINING
DECKS AND LICENSING REQUIREMENTS FOR USE OF PUBLIC
RIGHT-OF-WAY FOR OUTDOOR DINING DECKS AND MAKING
FINDINGS
RECOMMENDATION:
1. Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ADOPTING AN ANNUAL LEASE RATE FOR DINING
DECKS AND LICENSING REQUIREMENTS FOR USE OF PUBLIC RIGHT -OF-WAY
FOR OUTDOOR DINING DECKS.”
2. Authorize the City Attorney to make necessary non -monetary changes to the contract.
3. Authorize the City Manager to execute the license agreements with dining deck operators
and any other documents necessary to effectuate this action.
BACKGROUND/ANALYSIS:
The proposed resolution will establish requirements for all temporary outdoor dining deck within
the public right-of-way to pay an annual license fee and enter into license agreements with the
City. This requirement will go into effect after the existing Temporary Use Permit (TUP) approval
expires in May 2025. The proposed annual lease rate is $7.08 per square foot of deck area. The
proposed annual lease rate is based upon 25% of the blended lease rate ($28.31/SF) per the
City Council’s action on May 23, 2024.
The license agreement establishes terms and conditions by which the operators may use the
right-of-way. The fee and license requirement will remain in effect for the duration of the Dining
Deck Program. This action implements the previous direction of the City Council.
At the November 16, 2023, City Council meeting, the City Council took action on the following:
Extended the City’s Dining Deck program through June 30, 2026
Adopted updates to the Outdoor Dining Deck Design Guidelines
Directed staff to study the development of a licensing agreement for use of the public
right-of-way.
On April 11, 2024, the City Council held a study session to review right-of-way use options and
discuss the timing of the El Paseo Street and Sidewalk Rehabilitation Project. Staff presented
options for potential lease rates based on market lease rates for commercial properties in areas
around El Paseo, San Pablo Avenue, and Highway 111. The City Council selected a “blended”
lease rate, which combined market lease rates in these areas, amounting to $28.31, and directed
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City staff to meet with dining deck operators to gather feedback on the rate and El Pase o
Rehabilitation Project schedule.
On April 29, 2024, City staff hosted an open meeting with dining deck operators to discuss the
proposed lease rate and El Paseo project schedule. The operators expressed concern over the
methodologies for the proposed annual lease rates and timing of the rehabilitation project.
At the May 23, 2024, City Council Regular Meeting, two actions were taken:
Action 1 passed unanimously and directed City staff to:
1. Phase the El Paseo Street Rehabilitation Project into two separate projects to take place
over two consecutive summers beginning Summer 2024.
2. Allow El Paseo dining deck operators to maintain current operations through May 2025,
subject to approval of an annual temporary use permit with removal of the dining decks
prior to Phase Two of the El Paseo Street Rehabilitation Project.
Action 2 passed on a 3-2 vote, to direct City staff to:
1. Establish a License Agreement for dining deck use of the public right -of-way.
2. Implement an annual lease blended rate of 25% for businesses.
If adopted, the resolution will require operators to execute the agreement and pay the annual
lease rate as a condition of approval for the City’s issuance of a new Temporary Use Permit
(TUP). This requirement will go into effect June 1, 2025, and terminate June 30, 2026.
The table below provides an estimate of the annual fees based on existing dining decks:
Table 1 – Existing Dining Deck Lease Rate Estimates
Restaurant Name Estimated Square Footage of
Existing Deck
Estimated Annual Lease
Rate: $7.08/sq ft/year
Armando’s Bar and Grill 899 $6,365
Daily Grill 254 $1,799
Kitchen 86 635 $4,496
Mamma Gina’s Ristorante 554 $3,923
Piero’s Pizza Vino 318 $2,252
Sweet Basil 597 $4,227
The Fix 856 $6,061
Little Bar 432 $3,058
If the dining deck lease rate exceeds the rate paid by a restaurant operator pays to lease their
building space, the resolution provides a “relief” for a reduced rate: the restaurant operator may
provide proof of a lease agreement, entered legally with the ir landlord on, or prior to January 1,
2024, to the City for review. The City may reduce the dining deck rate to an amount equal to the
rate paid by the restaurant to lease their building space. Additionally, the license agreement
provides an option for operators to submit payment of the fee as an annual lump sum or in two
semi-annual payments.
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Legal Review:
This report has been reviewed by the City Attorney’s Office.
Environment Review:
Adoption of the fee is not a “Project” as defined by the California Environmental Quality Act
(CEQA) as defined by CEQA Guidelines Section 15378(b)(4). This action will establish a
framework for administration and fee collection for future applications which may be submitted
for temporary dining decks.
Public Notification:
Public notice was conducted for this item in accordance with the provisions of Government Code
(Gov. Code), Section 66018. A ten-day public hearing notice was published on October 11, 2024,
in The Desert Sun newspaper. In accordance with the requirements of Gov. Code Section
6062a, a second publication was posted in The Desert Sun on October 18, 2024. Copies of the
notices were provided to each dining deck operator. Additionally, City staff provided drafts of the
use fee and license agreement and met with each dining deck operator to answer questions,
comments or provide clarifications of the requirements.
Staff provided an informational flier to each of the dining deck operators, and subsequently met
with them, and provided email correspondence regarding the fees. The operators did not voice
opposition or major questions.
One question was raised regarding the need for automobile insurance as a part of the license
agreement. This type of insurance is required due to the higher likelihood of the decks be ing
struck by an automobile as they are located within right-of-way.
FINANCIAL IMPACT:
Based on current estimates of deck square footage, collection of the annual lease rate may
generate up to $32,178 to the General Fund in Fiscal Year 2025-26. The total may vary
depending on the existing operators’ decision to continue utilizing dining decks and/or changes
in total area of each respective deck.
The estimated staff time for each annual temporary use permit (TUP) is approximately 10 hours,
this estimate includes staff review by Development Services, Economic Development, and
Public Works, as well as quarterly inspections by the Code Compliance Division. Per City Council
Resolution No. 2012-37, the cost per hour of planner staff time is $138, resulting in a minimum
cost of $1,380 per TUP. The current TUP application costs $87 per request. Annual lease rate
fees will cover City costs.
ATTACHMENTS:
1. Draft Resolution
2. Dining Deck License Agreement
3. Hearing Notice(s)
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RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING AN ANNUAL LEASE RATE FOR
DINING DECKS AND LICENSING REQUIREMENTS FOR USE OF
PUBLIC RIGHT-OF-WAY FOR OUTDOOR DINING DECKS
WHEREAS, in 2020 the City of Palm Desert (“City”) created an Outdoor Dining
Deck Program (“Program”) allowing restaurants to obtain Temporary Use Permits
(TUPs) for outdoor dining; and
WHEREAS, several TUPs have been issued to businesses using the public right-
of-way for outdoor dining (El Paseo and Highway 111 Frontage Road); and
WHEREAS, on November 16, 2023, the City Council of the City of Palm Desert
(“City Council”) took action to extend the City's Dining Deck program through June 30,
2026, adopting updates to the Outdoor Dining Deck Design Guidelines and permitting
requirements; and
WHEREAS, the City Council directed staff to explore the development of a
licensing agreement for the use of the public right-of-way; and
WHEREAS, City staff proposed three separate options for possi ble lease
methodologies for the use of the public right-of-way based on market lease rates, and
the City Council discussed a possible right-of-way use rates; and
WHEREAS, City Council recommends an annual lease rate of 25% of the market
rate, based on a blended rate presented at the May 23, 2024 City Council Meeting, for
the remaining duration of the Program; and
WHEREAS, if the selected dining deck lease rate exceeds the rate a restaurant
operator pays to lease their building space, the City Council may consider reducing the
rate upon the operator providing proof of a lease agreement entered into on or before
January 1, 2024; and
WHEREAS, the administration of the Program and the use of public right -of-way
for dining decks require the City to expend resources, including staff time, and incur
costs associated with the management, oversight, and maintenance of public property
being utilized for private commercial purposes; and
WHEREAS, the adoption of a lease rate is necessary to offset the costs incurred
by the City in administering the Program and to ensure that appropriate compensation is
received for the use of public property.
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Resolution No. 2024- ____
2
WHEREAS, the City Council of the City of Palm Desert, California, did on August
22nd, 2024, hold a duly noticed public hearing to consider the proposal and continued
the item to a date uncertain; and
WHEREAS, the City Council of the City of Palm Desert, California, did on
October 24th, 2024, hold a duly noticed public hearing to consider the proposal; and
WHEREAS, at the said public hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be heard, the City
Council did find the following facts and reasons, which are outlined in the staff report,
exist to justify approval of said request:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals
are true and correct and are incorporated herein as substantive findings of this
Resolution.
SECTION 2. Adoption of Annual Lease Rate. The City Council hereby adopts an
annual lease rate of $7.08 per square foot for outdoor dining decks located within the
public right-of-way (“Lease Rate”). Restaurant operators are required to enter into a
licensing agreement for the use of the public right-of-way (“Licensees”), which will
include the annual Lease Rate of $7.08 per square foot.
SECTION 3. Rate Adjustment Relief. If the adopted Lease Rate exceeds the
square foot rate paid by a restaurant operator for their building space, the City may
reduce the Lease Rate upon the restaurant operator providing proof of such lease
agreement dated on or before January 1, 2024.
SECTION 4. Effective Date. This Resolution shall be effective immediately upon
adoption.
SECTION 5. Certification. The City Clerk shall certify to the passage and
adoption of this resolution and enter it into the book of original Resolutions.
ADOPTED ON this 24th day of October, 2024.
KARINA QUINTANILLA
MAYOR
ATTEST:
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Resolution No. 2024- ____
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ANTHONY J. MEJIA
CITY CLERK
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Resolution No. 2024- ____
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I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2024-____ is a full, true, and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Desert on ____________, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Desert, California, on ___________________, 2024.
_______________
ANTHONY J. MEJIA
CITY CLERK
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LICENSE AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND [LICENSEE]
PARTIES AND DATE
This License Agreement (“Agreement”) is entered into as of _____________, 2024 (“Effective
Date”) by and between the City of Palm Desert, a California municipal corporation (“City”) and
[Licensee], a [Entity Description], (the “Licensee”). The City and Licensee are sometimes
hereinafter individually referred to as “Party” and hereinafter collectively referred to as the
“Parties.”
RECITALS
A. The City owns that certain real property, within the public Right-of-Way near the
Licensee’s place of business at _________________________, in the City of Palm
Desert, County of Riverside, State of California (the “Property”), which is more
particularly described in Exhibit A (Property Description).
B. The Licensee requested temporary access to the property for purposes of maintaining an
outdoor dining area for its patrons, which is more particularly described in Section 3
(Permitted Activities).
C. The City desires to accommodate the Licensee’s request, subject to the terms and
conditions set forth in this Agreement.
TERMS
Now therefore, in consideration of the mutual covenants and obligations of the Parties herein
contained, and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties agree as follows:
1. License.
1.1. Grant. The City hereby grants to the Licensee, and the Licensee’s representatives
and agents, a revocable, non-transferable, non-exclusive license to access the
Property for the limited purpose of conducting the Permitted Activities described
in Section 3 (Permitted Activities) (“License”). The Parties hereby acknowledge
and agree that use of the Property by Licensee, as set forth in this Agreement, is
with the consent of the City and shall be considered permissive.
1.2. No Transfer of Interest. Nothing in this Agreement shall be interpreted as, or
otherwise deemed to be, a transfer or conveyance of any interest in the Property
whatsoever between the City and the Licensee. The Parties hereby acknowledge
and agree that nothing in the Agreement shall be interpreted as an agreement for
the lease or other use of the Property by Licensee.
1.3. License Fee. The Licensee shall pay to the City $7.08 per square foot of dining
deck space as established by City Council Resolution ____________. Within 10
days of the Effective Date of this Agreement, Licensee shall pay the first year’s
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license fee, prorated the remaining months of the calendar year. Beginning on
January 1st of the following year, Licensee shall remit the entire year’s license fee
either as a lump sum payment or in two (2) semi-annual payments submitted to
the City no greater than six (6) months apart.
2. Term. The term of this License shall commence on the Effective Date and shall, unless
otherwise modified, continue until the earlier of the City’s termination of the Temporary
Outdoor Dining Deck program or _______________________ per Section 11
(Termination, Default, and Restoration).
3. Permitted Activities and Other Uses.
3.1. Permitted Activities. Licensee is authorized to conduct the following activities on
the Property (“Permitted Activities”):
3.1.1. Maintain or establish an outdoor dining deck/outdoor dining area with a
footprint approved by the City through a Temporary Use Permit.
3.1.2. Serve food and beverages within the outdoor dining area. Alcoholic
beverages may be served in these areas with ABC approval. Alcoholic
beverages may not leave the permitted outdoor dining area.
3.2. Time. All Permitted Activities are limited to the time of __________________
daily.
3.3. Other Uses. The Licensee shall not use the Property for any other purposes
whatsoever, except as authorized by subsequent written agreement signed by the
City.
4. Required Approvals and Compliance.
4.1. Required Approvals. The use of the property by the Licensee for Permitted
Activities pursuant to this Agreement is subject to Licensee obtaining, at its sole
cost and expense, and maintaining throughout the term of this License, all
approvals and permits required by any federal, state, or local government agency,
including the City Approvals listed in Section 4.2 (City Approvals) (“Required
Approvals”).
4.2. City Approvals. The Licensee must apply for and obtain the following approvals
from the City (“City Approvals”):
4.2.1. Temporary Use Permit – Outdoor Business Expansion
4.2.2. Building Department & Fire Marshal Permits if tents utilized greater than
400 square feet
4.2.3. Building Department & Fire Marshal Permits if electrical lighting utilized
4.3. City Review. The City does not make any representation that it will issue or
otherwise assist in the issuance of any Required Approval. The City shall have no
obligation or liability to verify whether Licensee has obtained all Required
Approvals.
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4.4. Compliance. The Licensee’ rights under this Agreement shall be conditioned
upon, and Licensee shall, at their sole cost and expense, comply with each and
every federal, state and local law, regulation, standard, court decision, ordinance,
rule, code, order, decree, directive, guideline, permit and permit condition,
together with any declaration of covenants, conditions and restrictions that are
recorded in any official or public records with respect to the Property or any
portion thereof, each as currently existing and as amended, enacted, issued or
adopted from time to time, that are applicable to the Permitted Activities and the
Property. Notwithstanding any other provision of this Agreement, the City
reserves the right to remove or require the Licensee to remove the outdoor dining
deck if it is deemed, in the City’s sole discretion, to pose a safety hazard. The
determination of a safety hazard may be based on, but is not limited to,
inspections, reported incidents, or changes in local safety regulations. If the City
determines that the dining deck must be removed for safety reasons, the City shall
provide written notice to the Licensee specifying the nature of the hazard and the
required actions to rectify it. The Licensee shall have ten (10) days from the date
of the notice to remove the dining deck or address the safety concerns to the
satisfaction of the City. If the Licensee fails to comply within the specified time,
the City may proceed with the removal of the dining deck. All costs associated
with such removal shall be the responsibility of the Licensee and shall be
reimbursed to the City upon demand.
5. Standard of Performance. All Permitted Activities shall be performed in accordance with
the highest standards and practices in the industry.
6. Hazardous Materials. The Licensee shall not under any circumstances store or bring onto
the Property any Hazardous Materials. As used in this Agreement, the term “Hazardous
Material” means any substance, material or waste which is (1) defined as a “hazardous
waste,” “hazardous material,” hazardous substance,” “extremely hazardous waste,” or
“restricted hazardous waste” under any provision of California law; (2) petroleum or
petroleum products; (3) asbestos; (4) polychlorinated biphenyls; (5) radioactive materials;
(6) designated as a “hazardous substance” pursuant to Section 311 of the Clean Water
Act, 33 U.S.C. section 1251 et seq. (33 U.S.C. §1321) or listed pursuant to Section 307 of
the Clean Water Act (33 U.S.C. §1317); (7) defined as a “hazardous substance: pursuant
to the Resource Conservation and Recovery Act, 42 U.S.C. section 6901 et seq. (42
U.S.C. §6903) or its implementing regulations; (8) defined as a “hazardous substance”
pursuant to Section 101 of the Comprehensive Environmental Response, Compensation
and Liability Act, 42 U.S.C. section 9601 et seq. (42 U.S.C. §9601); or (9) determined by
California, federal or local governmental authority to be capable of posing a risk of injury
to health, safety or property.
7. No Duty to Warn. The City has no duty to inspect the Property and no duty to warn the
Licensee or any person of any other latent or patent defect, condition or risk that might be
incurred in entering the Property. The Licensee has inspected or will inspect the Property
and hereby accept the condition of the Property “AS IS.” The Licensee acknowledges
that neither the City, nor any employee, agent or representative of the City, has made
representations or warranties concerning the condition of the Property. All persons
entering the Property under this Agreement do so at their own risk.
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8. Liability for Damage. With respect to Licensee’ rights under this Agreement, the
Licensee shall be responsible for any damage done to any person, or to the Property or
any other real or personal property, caused by the Licensee, their officers, directors,
employees, agents, independent contractors, insurers, lenders, representatives, successors
or permitted assigns of the Licensee, and the other users.
9. Insurance. Each Licensee shall maintain in effect during the entire term of this
Agreement each of the following:
9.1. Insurance Coverage.
9.1.1. Comprehensive General Liability. Comprehensive General Liability
Insurance which affords coverage including completed operations and
contractual liability, with limits of liability of not less than $2,000,000 per
occurrence and $4,000,000 annual aggregate for liability arising out of
Licensee performance of this Agreement. The limits shall be provided by
either a single primary policy or combination of policies. If limits are
provided with excess and/or umbrella coverage the limits combined with
the primary will equal the minimum limits set forth above. If written with
an aggregate, the aggregate shall be double the each occurrence limit.
Such insurance shall be endorsed to:
9.1.1.1.Name the City of Palm Desert and its employees, representatives,
officers and agents (collectively hereinafter “City and City
Personnel”) as additional insured for claims arising out of
Licensee’ performance of this Agreement.
9.1.1.2.Provide that the insurance is primary and non-contributing with
any other valid and collectible insurance or self-insurance available
to City.
9.1.2. Automobile Liability Insurance. Automobile Liability Insurance with a
limit of liability of not less than $1,000,000 each occurrence and
$2,000,000 annual aggregate. The limits shall be provided by either a
single primary policy or combination of policies. If limits are provided
with excess and/or umbrella coverage the limits combined with the
primary will equal the minimum limits set above. Such insurance shall
include coverage for all “owned,” “hired” and “non-owned” vehicles, or
coverage for “any auto.” Such insurance shall be endorsed to:
9.1.2.1.Name the City and City Personnel as additional insured for claims
arising out of Licensee performance of this Agreement.
9.1.2.2.Provide that the insurance is primary and non-contributing with
any other valid and collectible insurance or self-insurance available
to City.
9.1.3. Workers’ Compensation Insurance. Workers’ Compensation Insurance in
accordance with the Labor Code of California and covering all employees
of the Licensee providing any service in the performance of this
agreement. Such insurance shall be endorsed to: Waive the insurer’s right
of Subrogation against the City and City Personnel.
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9.2. Evidence of Insurance. The Licensee shall provide to City a Certificate(s) of
Insurance evidencing such coverage together with copies of the required policy
endorsements at least fifteen (15) business days prior to the expiration of any
policy. Coverage shall not be suspended, voided, cancelled, reduced in coverage
or in limits, non-renewed, or materially changed for any reason, without thirty
(30) days prior written notice thereof given by the insurer to City by U.S. mail, or
by personal delivery, except for nonpayment of premiums, in which case ten (10)
days prior notice shall be provided.
9.3. Endorsements.
9.3.1. Valid Endorsements. A statement on an insurance certificate will not be
accepted in lieu of the actual endorsement. Insurance policies shall not be
in compliance if they include any limiting provision or endorsement that
has not been submitted to the City for approval.
9.3.2. Additional Insured Endorsements Additional Insured Endorsements shall
not:
9.3.2.1.Be limited to “Ongoing Operations.”
9.3.2.2.Exclude “Contractual Liability.”
9.3.2.3.Restrict coverage to the “Sole” liability of Licensee.
9.3.2.4.Contain any other exclusion contrary to the Agreement.
9.4. Acceptability of Insurers. Each policy shall be from a company with current A.M.
Best’s rating of A VII or higher and authorized to do business in the State of
California or approved in writing by the City.
10. Liens.
10.1. No Liens Due to Licensee’s Activities. Licensee shall not permit to be placed
against the Property, or any part thereof, any design professionals’, mechanics’,
materialmen’s, contractors’ or subcontractors’ liens due to Licensee’s
construction activities thereon or use thereof. Licensee shall indemnify, defend
and hold the City harmless from all liability for any and all liens, claims and
demands, together with the costs of defense and reasonable attorneys’ fees,
related to same.
10.2. Failure to Defend. In addition to, and not in limitation of, the City’s other rights
and remedies under this Agreement, should Licensee fail either to discharge any
lien or claim related to Licensee’ construction activities on or use of the Property
or to bond for any lien or claim to the reasonable satisfaction of the City, or to
indemnify, hold harmless and defend the City from and against any loss, damage,
injury, liability or claim arising out of Licensee use of the Property, then the City,
at its option, may elect to pay any lien, claim, loss, demand, inju ry, liability or
damages, or settle or discharge any action or satisfy any judgment and all costs,
expenses and attorneys’ fees incurred in doing so shall be paid to the City by
Licensee upon written demand, together with interest thereon at the rate of ten
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percent (10%) per annum from the date incurred or paid through and including the
date of payment by Licensee.
11. Termination, Default, and Restoration.
11.1. Termination Without Cause. This Agreement may be terminated by either Party
without cause by giving fourteen (14) days’ written notice to the other Party.
11.2. Termination for Cause. In addition to the rights described in Section 11.1
(Termination Without Cause), the City shall have the right to terminate this
Agreement immediately upon the Licensee’ Default.
11.2.1. Default. “Default” means the failure of the Licensee to perform or
violation of any term, condition, covenant or agreement of this
Agreement, and the continuation of such failure or violation for a period
of ten (10) days after the City shall have given the Licensee written notice
specifying the same, or in the case of a situation in which the default
cannot reasonably be cured within ten (10) days, if the Licensee shall not
promptly, within ten (10) days after receipt of such notice, commence to
remedy the situation by a means that can reasonably be expected to
remedy the situation within a reasonable period of time, not to exceed
thirty (30) days from the notice of Default, and diligently pursue the same
to completion.
11.2.2. Termination and Removal of Licensee’s Property. In the event of any
Default by Licensee, including expiration of any applicable cure period,
the City may terminate the Agreement and remove Licensee and their
property from the Property by any lawful means available in law or equity.
11.3. Restoration of Land to Original Condition. Upon termination of the Agreement,
the Licensee shall be responsible for removing all improvements the Licensee
placed upon the land, unless the City elects in writing to accept some or all of said
improvements. Any improvements accepted by the City will be at no cost to the
City. The Licensee shall promptly initiate and exercise due diligence in removing
said improvements until all improvements have been removed, which shall be
completed within not more than thirty (30) days following termination of this
Agreement.
11.4. Effect of Termination. Termination of this Agreement shall in no way prejudice
any of the rights and remedies available to the City at law or in equity, and the
Licensee acknowledge and agree that all of the o bligations and responsibilities of
Licensee under this Agreement shall continue and survive such termination.
12. Miscellaneous.
12.1. Indemnification.
12.1.1. Indemnification of the City by the Licensee. The Licensee shall defend,
indemnify and hold the City, its elected and appointed officials, officers,
employees, and agents (the “Indemnified Parties”) free and harmless from
any and all liability from loss, damage, or injury to property or persons,
including wrongful death, in any manner arising out of or incident to acts,
omissions, and/or operations by the Licensee, its officials, officers,
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personnel, employees, contractors, and/or subcontractors as well as its
contractors’ and/or subcontractors’ officials, officers, employees, and
agents. Further, the Licensee shall defend at its own expense, including
attorneys’ fees, the Indemnified Parties in any legal action based upon
such acts, omissions and/or operations.
12.1.2. The Licensee’s Obligations. The Licensee’s obligations under this Section
12.1 (Indemnification) shall apply to all damages and claims for damages
of every kind suffered, or alleged to have been suffered, regardless of
whether or not the City has prepared, supplied, or approved any plans or
for the uses allowed by this Agreement, and regardless of whether or not
such insurance policies shall have been determined to be applicable to any
of such damages or claims for damages.
12.1.3. The City’s Rights. The City does not and shall not waive any rights
against the Licensee that the City may have under the indemnification
provision in this Section 12.1 (Indemnification) because of the City’s
acceptance of any security deposits or insurance policies.
12.1.4. Survival. The indemnification provision in this Section 12.1
(Indemnification) shall survive the termination or expiration of thi s
Agreement.
12.2. Attorneys’ Fees. If any legal action or proceeding arising out of or relating to this
Agreement is brought by either party to this Agreement, the prevailing party shall
be entitled to receive from the other party, in addition to any other relief that may
be granted, the reasonable attorneys’ fees, costs, and expenses incurred in the
action or proceeding by the prevailing party.
12.3. Governing Law and Venue. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Riverside County.
12.4. Waiver. The City’s failure to insist upon strict compliance with any provision of
this Agreement or to exercise any right or privilege provided herein, or the City’s
waiver of any breach hereunder, shall not relieve the Licensee of any of its
obligations hereunder, whether of the same or similar type. The foregoing shall be
true whether the City’s actions are intentional or unintentional. Further, the
Licensee agrees to waive as a defense, counterclaim, or setoff any and all defects,
irregularities, or deficiencies in the authorization, execution, or performance of
this Agreement as well as any laws, rules, regulations, ordinances, or resolutions
of the City with regard to this Agreement.
12.5. Supplement, Modification, and Amendment. No supplement, modification,
and/or amendment of this Agreement shall be binding unless executed in writing
and signed by both Parties.
12.6. Assignment or Transfer.
12.6.1. No Assignment without the City’s Consent. The Licensee shall not assign,
hypothecate, or transfer, either directly or by operation of law, this
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Agreement or any interest herein without prior written consent of the City.
Any attempt to do so shall be null and void, and any assignee,
hypothecatee, or transferee shall acquire no right or interest by reason of
such attempted assignment, hypothecation, or transfer. Unless specifically
stated to the contrary in the City’s written consent, any assignment,
hypothecation, or transfer shall not release or discharge the Licensee from
any duty or responsibility under this Agreement.
12.6.2. Merger. The transfer of a majority of the ownership interests in the
Licensee, however accomplished, and whether in a single transaction or in
a series of related or unrelated transactions, or the merger of the Licensee
into any other entity in which the Licensee is not the surviving entity, or
the sale of all or substantially all of the Licensee’s assets, shall be deemed
an assignment of the Licensee’s rights hereunder subject to the
requirements of Section 12.6.1 (No Assignment without the City’s
Consent).
12.7. Construction, References, and Captions.
12.7.1. Simple Construction. It being agreed the Parties or their agents have
participated 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.
12.7.2. Section Headings. Section headings contained in this Agreement are for
convenience only and shall not have an effect in the construction or
interpretation of any provision.
12.7.3. Calendar Days. Any term referencing time, days, or period for
performance shall be deemed calendar days and not business days.
12.7.4. References to the City. All references to the City shall include, but shall
not be limited to, City Council, City Manager, City Attorney, City
Engineer, or any of their authorized representatives. The City shall have
the sole and absolute discretion to determine which public body, public
official or public employee may act on behalf of the City for any particular
purpose.
12.7.5. References to the Licensee. All references to the Licensee shall include all
officials, officers, personnel, employees, agents, contractors, and
subcontractors of Licensee, except as otherwise specified in this
Agreement.
12.8. Notices. All notices to be given hereunder shall be in writing and may be made
either by personal delivery or by registered or certified mail, postage prepaid,
return receipt requested. Mailed notices shall be addressed to the parties at the
addresses listed below. Notices delivered personally will be deemed
communicated as of actual receipt; mailed notices will be deemed communicated
as of two (2) days after mailing.
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To City: To Licensee:
City of Palm Desert
73-510 Fred Waring Dr.
Palm Desert, CA 92260
Attn: ________________
____________________
____________________
____________________
Attn:________________
12.9. Entire Agreement and Severability.
12.9.1. Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements, either written or oral, express
or implied.
12.9.2. Severability. The invalidity in whole or in part of any provision of this
Agreement shall not void or affect the validity of any other provision of
this Agreement.
12.10. Binding Effect.
12.10.1. The Parties. Each and all of the terms and conditions of this Agreement
shall be binding on and shall inure to the benefit of the Parties, and their
successors, heirs, personal representatives, or assigns.
12.10.2. Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
12.10.3. Recordation. The Licensee acknowledges and agrees that the City may
cause a copy of this Agreement to be recorded in the Riverside County
Recorder’s Office.
12.10.4. Not Authorization to Assign. This Section 12.10 (Binding Effect) shall
not be construed as an authorization for any Party to assign any right or
obligation under this agreement other than as provided in Section 12.6
(Assignment or Transfer).
Signatures on next page.
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SIGNATURE PAGE TO LICENSE AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND [LICENSEE]
In witness thereof, the Parties here to have executed this Agreement:
City of Palm Desert [Licensee]
By: _________________________________
By: _________________________________
Todd Hileman
City Manager
NAME,
POSITION
ATTEST:
By: _________________________________
By: _________________________________
Anthony Mejia
City Clerk
NAME,
POSITION
APPROVED AS TO FORM:
By: _________________________________
Isra Shah
City Attorney
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EXHIBIT A
PROPERTY DESCRIPTION
To be included.
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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
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO CONSIDER ADOPTING AN
ANNUAL LEASE RATE FOR DINING DECKS AND LICENSING REQUIREMENTS FOR USE
OF PUBLIC RIGHT-OF-WAY FOR OUTDOOR DINING DECKS
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 action is not a “Project” as
defined by CEQA Guidelines Section 15378(b)(4).
PROJECT LOCATION: Citywide
PROJECT DESCRIPTION: The item is to be considered is an action to adopt an annual lease
rate and license agreement requirements for existing temporary outdoor dining decks to use the
public-right-of-way.
PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Desert,
California, will hold a Public Hearing on Thursday, October 24, 2024. 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 lease rate and
licensing requires 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
October 11, 2024 and CITY OF PALM DESERT, CALIFORNIA
October 18, 2024
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: October 24, 2024
PREPARED BY: Richard D. Cannone, AICP, Development Services Director
SUBJECT: INTRODUCTION OF AN ORDINANCE UPDATING PALM DESERT
MUNICIPAL CODE CHAPTER 5.11, DISCLOSURES UPON TRANSFER
OF RESIDENTIAL PROPERTY AND MAKING FINDINGS UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
RECOMMENDATION:
Hold a public hearing and introduce an ordinance entitled, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING PALM DESERT
MUNICIPAL CODE CHAPTER 5.11, DISCLOSURES UPON TRANSFER OF RESIDENTIAL
PROPERTY AND MAKING FINDINGS UNDER CEQA.”
BACKGROUND/ANALYSIS:
Recently, issues have arisen regarding the purchasing of homes for short -term rental (STR)
purposes, particularly concerning the misrepresentation of dens as legal bedrooms. To address
this, staff have sent notifications to the California Desert Association of Realtors®, homeowner
associations (HOAs), and sales offices within HOA communities. These communications
emphasize that a legal bedroom must have a properly sized window or door that opens directly
to a public street, alley, yard, or court. Rooms that do not meet this requirement, such as those
adjacent to enclosed atriums, are classified as “dens” and cannot be marketed as bedrooms.
Sellers of residential properties are required to provide certain statutory disclosu res under
Section 1102.6 of the California Civil Code. Additionally, the California Civil Code §1102.6a
allows cities and counties to require sellers to present a local transfer disclosure statement that
includes local requirements. It’s important to note that there are statutory exceptions, such as
foreclosure sales and sales by fiduciaries.
On February 10, 2022, the City Council adopted Ordinance 1375, which amended various
sections of the Palm Desert Municipal Code (PDMC) concerning public notifications of
development projects. This included the introduction of Chapter 5.11, which mandates that
sellers of single-family residential properties deliver a real estate transfer disclosure to
prospective buyers, informing them of likely development in the area through a provided weblink
and phone number.
To enhance public awareness, staff propose adding the following language to the disclosure:
2. Buyer is advised that the property is subject to the City of Palm Desert’s
short term rental regulations contained in Chapter 5.04 of the Palm Desert
Municipal Code and is advised to review the City of Palm Desert’s website
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City of Palm Desert
PDMC Chapter 5.11 Update
Page 2 of 2
regarding short term rentals. The website can be accessed at
https://www.palmdesert.gov/our-city/departments/planning/short-term-rentals.
This weblink includes the STR regulations, information confirming your bedroom count, and how
to obtain a permit.
Regarding enforcement, California Civil Code §1102.13 states that failure to comply with transfer
disclosure requirements does not invalidate the property transfer. However, individuals who
willfully or negligently fail to fulfill these duties may be liable for actual damages suffered by the
buyer. Thus, if a seller neglects to provide a required local disclosure, the buyer may have
recourse under Civil Code Section 1102.13.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
Public Input:
A ten-day public hearing notice for this item was posted in the Desert Sun newspaper on Friday,
October 11, 2024. No comments have been received by City staff regarding this action.
Environment Review:
The proposed Ordinance is exempt from further environmental review under CEQA pursuant to
State CEQA Guidelines Section 15061(b)(3), known as the “common sense” exemption. This
determination is based on the clear assessment that there is no possibility the ordinance may
have a significant effect on the environment. The ordinance provides an additional residential
disclosure without expanding land use or initiating new developments, thereby ma intaining
existing environmental baselines and prevents abrupt changes in land use intensity. The
ordinance reaffirms current use regulations and does not alter existing physical environmental
conditions or promote increased development, thus qualifying fo r the CEQA “common sense”
exemption as it bears no potential for significant environmental impact.
FINANCIAL IMPACT:
None
ATTACHMENTS:
1. Ordinance
2. Ordinance Attachment A
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ORDINANCE NO. 2024- ________
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.
City Attorney’s Summary
The purpose of this ordinance is to amend Palm Desert Municipal Code
Chapter 5.11 Disclosure Upon Transfer of Residential Propertius to include
an additional disclosure statement notifying buyers of the City’s short-term
rental regulations.
THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Amendment to Municipal Code. The City Council hereby adopts
the updated Palm Desert Municipal Code Chapter 5.11 Disclosure Upon Transfer of
Residential Propertius, attached hereto as Attachment “A.”
SECTION 2. CEQA Exemption. The City Council finds that the updated short-
term rental ordinance is exempt from the California Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines Section 15061(b)(3), known as the “common sense”
exemption. This determination is based on the clear assessment that there is no
possibility the ordinance may have a significant effect on the environment. The ordinance
provides an additional residential disclosure without expanding land use or initiating new
developments, thereby maintaining existing environmental baselines and prevents abrupt
changes in land use intensity. The ordinance reaffirms current use regulations and does
not alter existing physical environmental conditions or promote increased d evelopment,
thus qualifying for the CEQA “common sense” exemption as it bears no potential for
significant environmental impact.
SECTION 3. Severability. If any section, subsection, sentence, clause, or phrase
of this ordinance is for any reason held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining portions of this ordinance. The City Council
hereby declares that it would have passed this ordinance, and each section, subsection,
sentence, clause and phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 4. Posting and Publication. The City Clerk of the City of Palm Desert,
California, is hereby directed to publish this Ordinance in the Desert Sun, a newspaper of
general circulation, published and circulated in the City of Palm Desert, California, and
shall be in full force and effective thirty (30) days after its adoption.
ADOPTED ON ___________________, 2024.
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KARINA QUINTANILLA
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 _________, 2024, and adopted at a
regular meeting of the City Council held on __________, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on ____________________.
ANTHONY J. MEJIA
CITY CLERK
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ATTACHMENT “A”
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ATTACHMENT “A”
CHAPTER 5.11
DISCLOSURES UPON TRANSFER OF RESIDENTIAL PROPERTY
§ 5.11.010. Statement required.
A. Pursuant to Civil Code Section 1102.6a, in addition to those disclosures required by Civil
Code Section 1102.6, the seller of any single-family residential property located within the
city shall deliver to the prospective buyer a real estate transfer disclosure statement
containing the following statement:
"Know Your Neighborhood: The City of Palm Desert maintains a website that provides
important information on potential development throughout the City. The City recommends
that you visit the website as part of your consideration in buying a home in the City.
The website can be accessed at https://www.cityofpalmdesert.org/departments/planning.
Alternatively, you can call the City's Development Services Department at (760) 346 -0611,
ext. 483."
B. The real estate transfer disclosure statement required by this chapter shall be delivered at the
same time as those disclosures required by Civil Code Section 1102.6 or as soon as
practicable thereafter.
C. For purposes of this section:
1. "City" means the city of Palm Desert, California.
2. "Single-family residential property" means either of the following: (a) real property
improved with one to four dwelling units, including any leasehold exceeding one year's
duration of such; (b) a unit in a residential stock cooperative, condominium, or planned
unit development; or (c) a mobile home or manufactured home when offered for sale or
sold through a real estate broker pursuant to Business and Professions Code Section
10131.6.
3. "Seller" means a transferor in a real property transaction, and includes an owner who
lists real property with a licensee, whether or not a transfer results, or who receives an
offer to purchase real property of which he or she is the owner from a licensee on behalf
of another. "Seller" includes both a vendor and lessor of real property.
4. "Buyer" means a transferee in a real property transaction, and includes a person who
executes an offer to purchase real property from a seller through a licensee, whether or
not a transfer results, or who seeks the services of a licensee in more than a casual,
transitory, or preliminary manner, with the object of entering into a real property
transaction. "Buyer" includes a purchaser, vendee, or lessee of real property.
§ 5.11.020. Form of statement.
The real estate transfer disclosure statement required by this chapter shall be in the following form
in accordance with Civil Code Section 1102.6a:
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LOCAL OPTION
REAL ESTATE TRANSFER DISCLOSURE STATEMENT
THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN
THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
DESCRIBED AS . THIS STATEMENT IS A DISCLOSURE OF THE
CONDITION OF THE ABOVE-DESCRIBED PROPERTY IN COMPLIANCE WITH
ORDINANCE NO. OF THE PALM DESERT CITY CODE AS OF ,
20 . IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR REAL
ESTATE LICENSEE(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION,
AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE
PRINCIPAL(S) MAY WISH TO OBTAIN.
I
SELLER'S INFORMATION
The Seller discloses the following information with the knowledge that even though this is
not a warranty, prospective Buyers may rely on this information in deciding whether and on
what terms to purchase the subject property. Seller hereby authorizes any real estate licensee(s)
representing any principal(s) in this transaction to provide a copy of this statement to any person
or entity in connection with any actual or anticipated sale of the property.
THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER(S) AS
REQUIRED BY THE CITY OF PALM DESERT, AND ARE NOT THE
REPRESENTATIONS OF THE REAL ESTATE LICENSEE(S), IF ANY. THIS
INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY
CONTRACT BETWEEN THE BUYER AND SELLER.
1. Know Your Neighborhood: The City of Palm Desert maintains a website that provides
important information on potential development throughout the City. The City recommends
that you visit the website as part of your consideration in buying a home in the City. The
website can be accessed at https://www.cityofpalmdesert.org/departments/planning.
2. Buyer is advised that the property is subject to the City of Palm Desert’s short term rental
regulations contained in Chapter 5.04 of the Palm Desert Municipal Code, and is advised to
review the City of Palm Desert’s website regarding short term rentals. The website can be
accessed at https://www.palmdesert.gov/our-city/departments/planning/short-term-rentals.
Alternatively, you can call the City's Development Services Department at (760) 346-0611, ext.
483.
Seller certifies that the information herein is true and correct to the best of the Seller's knowledge
as of the date signed by the Seller.
Seller Date
Seller Date
II
BUYER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS
OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A
CONTRACT BETWEEN BUYER AND SELLER(S) WITH RESPECT TO ANY ADVICE/
INSPECTIONS/DEFECTS.
I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT.
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Buyer Date
Buyer Date
A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF
YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY."
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