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Post-Meeting Agenda Package - Palm Desert City Council - Regular Meeting_Nov14_2024
PALM DESERT CITY COUNCIL REGULAR MEETING POST-MEETING AGENDA Thursday, November 14, 2024 Closed Session 3:15 p.m.; Regular Session 4:00 p.m. Council Chamber, City Hall 73-510 Fred Waring Drive Palm Desert, California This is a joint meeting of the Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Palm Desert Housing Authority and the Palm Desert Board of Library Trustees. Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting allowing public access via teleconference or in person, and up to two Councilmembers may attend remotely. WATCH THE MEETING LIVE: Watch the City Council meeting live at the City’s website: www.palmdesert.gov under the “Council Agenda” link at the top of the homepage, or on the City's YouTube Channel. OPTIONS FOR PARTICIPATING IN THIS MEETING: If unable to attend the meeting in person, you may choose from the following options: OPTION 1: VIA EMAIL Send your comments by email to: CityClerk@palmdesert.gov. Emails received prior to 10:00 a.m. on the day of the City Council meeting will be made part of the record and distributed to the City Council. Emails will not be read aloud at the meeting. OPTION 2: LIVE VIA ZOOM Access via palmdesert.gov/zoom or zoom.us, click “Join Meeting” and enter Webinar ID 833 6744 9572. 1. OPTION 3: LIVE VIA TELEPHONE (213) 338-8477 and enter Meeting ID 833 6744 9572 followed by #.1. Indicate that you are a participant by pressing # to continue.2. During the meeting, press *9 to add yourself to the queue and wait for the City Clerk to announce your name/phone number. Press *6 to unmute your line and limit your comments to three minutes. 3. Pages 1.CALL TO ORDER - CLOSED SESSION - 3:15 P.M. 2.PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY This time has been set aside for members of the public to address the City Council on items contained only on the Closed Session Agenda within the three- minute time limit. Speakers may utilize one of the three options listed on the first page of this agenda. 3.RECESS TO CLOSED SESSION 4.CLOSED SESSION AGENDA RECOMMENDATION: The following items were considered in closed session: 4.a Closed Session Meeting Minutes: October 10, 2024 4.b Conference with Legal Counsel regarding Existing Litigation pursuant to Government Code Section 54956.9(d)1 VillasPD, LLC v City of Palm Desert Case number: CVPS2404242 5.ROLL CALL - REGULAR MEETING - 4:00 P.M. 6.PLEDGE OF ALLEGIANCE Mayor Pro Tem Harnik 7.INSPIRATION Mayor Quintanilla 8.REPORT OF CLOSED SESSION City Attorney Shah 9.AWARDS, PRESENTATIONS, AND APPOINTMENTS 9.a RECOGNITION - CIVIC ACADEMY PARTICIPANTS 10.CITY MANAGER COMMENTS 10.a LIBRARY GRAND OPENING 10.b SPAY/NEUTER CLINIC UPDATE 11.MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION 12.NONAGENDA PUBLIC COMMENTS This time has been set aside for the public to address the City Council on issues that are not on the agenda for up to three minutes. Speakers may utilize one of the three options listed on the first page of the agenda. Because the Brown Act does not allow the City Council to act on items not listed on the agenda, members may briefly respond or refer the matter to staff for a report and recommendation at a future meeting. Palm Desert City Council Meeting Agenda [DATE] 2 13.CONSENT CALENDAR All matters listed on the Consent Calendar are considered routine and may be approved by one motion. The public may comment on any items on the Consent Agenda within the three-minute time limit. Individual items may be removed by the City Council for a separate discussion. RECOMMENDATION: To approve the consent calendar as presented. 13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES 9 RECOMMENDATION: Approve the Minutes of October 24, 2024. 13.b APPROVAL OF WARRANT REGISTERS 19 RECOMMENDATION: Approve the warrant registers issued for the period 10/17/2024 to 11/1/2024. 13.c RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE LICENSES 69 RECOMMENDATION: Receive and file the application for Alcoholic Beverage License for: Palm Desert Local Mart, Inc. (Local Mart) - 45-200 PORTOLA AVE 321 Palm Desert 13.d ACCEPTANCE A RESIGNATION FROM THE FINANCE COMMITTEE 73 RECOMMENDATION: With regret, accept the resignation of Jake Wuest from the Finance Committee, effective December 31, 2024. 13.e AUTHORIZATION OF JOSLYN CENTER AGREEMENT WITH PALM DESERT WAVE HOUSE FOR PARKING LOT USE AND CONSTRUCTION AND INSTALLATION OF PICKLEBALL COURT 75 RECOMMENDATION: Authorize Palm Desert Wave House, LLC, Parking Lot Use Agreement pursuant to Article 5 of Contract No. C36520, Lease Agreement between the Cove Communities Senior Association and the City of Palm Desert. 1. Authorize the City Attorney to make any necessary non-monetary changes to the Parking Lot Use Agreement. 2. Authorize the construction and installation of a pickleball court pursuant to Article 6 of Contract No. C36520, Lease Agreement between the Cove Communities Senior Association and the City of Palm Desert 3. Palm Desert City Council Meeting Agenda [DATE] 3 13.f AWARD CONSTRUCTION SERVICES AGREEMENT WITH MOHAWK COMMERCIAL, INC., FOR FLOOR COVERINGS AT PALM DESERT HOUSING AUTHORITY PROPERTIES 111 RECOMMENDATION: Authorize the use of Mohawk Commercial, Inc., an Omnia Partners (“Omnia”) national government cooperative contract holder for flooring and outdoor surfaces solutions, contract 2020002149, at the Palm Desert Housing Authority pursuant to Section 3.30.160(E) of the Palm Desert Municipal Code. 1. Award a Short-Form Construction Contract with Mohawk Commercial, Inc., for procurement and installation of floor coverings and related supplies and services at the Authority’s properties for a term of one (1) year, with an option to renew for up to four additional one-year terms, in an annual amount not to exceed $175,000 annually. 2. Authorize the Executive Director to execute the agreement, take any necessary actions to facilitate execution of agreement with Mohawk Commercial, Inc., and execute any documents necessary to effectuate the actions taken herewith. 3. 13.g ACCEPT CONTRACT NO. C43860 WITH VECTOR RESOURCES, INC., FOR THE SECURITY CAMERA INSTALLATION AS COMPLETE, AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION (PROJECT NO. MFA00015) 159 RECOMMENDATION: Accept the Security Camera Installation Project as completed in accordance with the contract specifications. 1. Authorize the Mayor to execute and the City Clerk to file the Notice of Completion. 2. 13.h APPROVE OUT-OF-STATE TRAVEL FOR THE PUBLIC AFFAIRS MANAGER TO PROMOTE THE PALM DESERT FOOD AND WINE FESTIVAL 163 RECOMMENDATION: Authorize out-of-state travel for the Public Affairs Manager to participate in a media event in New York City, New York, on January 21, 2025, promoting the Palm Desert Food & Wine Festival at the James Beard Platform in conjunction with Palm Springs Life and Visit Greater Palm Springs. Palm Desert City Council Meeting Agenda [DATE] 4 13.i ADOPT RESOLUTION APPROVING FINAL TRACT MAP NO. 37506-3 AND AGREEMENTS 165 RECOMMENDATION: Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF FINAL TRACT MAP 37506-3.” 1. Note: This item may be pulled from the agenda if the final attachments are not provided by Tuesday, November 12, 2024. 13.j AWARD A CONTRACT TO R DEPENDABLE CONSTRUCTION, INC., FOR ADA UPGRADES AT THE STATE BUILDING (PROJECT NO. MFA00011) 313 RECOMMENDATION: Award a contract to R Dependable Construction, Inc., of San Bernardino, California, for ADA Upgrades at the State Building in the amount of $279,900, plus a $28,000 contingency. 1. Authorize the City Attorney to make necessary nonmonetary changes to the contract. 2. Authorize the City Manager to execute the agreement and written requests for change orders up to the contingency amount, amendments, and 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 authorize the City Clerk to file the NOC upon satisfactory completion of the Project. 4. 13.k AWARD A CONTRACT TO HERMANN DESIGN GROUP FOR DEVELOPENT OF A LANDSCAPE MASTER PLAN AND CONSTRUCTION SUPPORT SERVICES (PROJECT NO. CPK00003) 355 RECOMMENDATION: Award a Professional Services Agreement with Hermann Design Group, of Palm Desert, California, for development of a Landscape Master Plan (LMP) in the amount of $41,585 plus $8,415 in contingency for unforeseen circumstances. 1. Authorize extra work associated with design and construction support services to implement the plan with Hermann Design Group in an amount not to exceed $200,000 per fiscal year for a 31-month term, with two one-year extension options. 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. Palm Desert City Council Meeting Agenda [DATE] 5 14.ACTION CALENDAR The public may comment on individual Action Items within the three-minute time limit. Speakers may utilize one of the three options listed on the first page of the agenda. 14.a RESOLUTION AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE PALM DESERT TRANSACTION AND USE TAX – 5 YEAR SPENDING PLAN AND PRIORITIES AND EXECUTE THE NECESSARY AGREEMENTS FOR THE ADMINISTRATION AND IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX 417 RECOMMENDATION: Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE PALM DESERT TRANSACTIONS AND USE TAX – 5 YEAR SPENDING PLAN AND PRIORITIES AND EXECUTE THE NECESSARY AGREEMENTS FOR THE ADMINISTRATION AND IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX.” 1. Authorize the City Manager to execute all documents necessary to effectuate the actions taken herewith and amend the terms of staffing as may be necessary from time to time to respond to immediate community needs. 2. 15.PUBLIC HEARINGS The public may comment on individual Public Hearing Items within the three- minute time limit. The applicant or appellant will be provided up to five minutes to make their presentation. Speakers may utilize one of the three options listed on the first page of this agenda. 15.a INTRODUCTION OF AN ORDINANCE TO AMEND CHAPTER 12.04 – ENCROACHMENTS, OF THE PALM DESERT MUNICIPAL CODE, AND MAKING A FINDING OF EXEMPTION UNDER CEQA 441 RECOMMENDATION: Introduce an Ordinance entitled “AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, TO AMEND CHAPTER 12.04 – ENCROACHMENTS, OF THE PALM DESERT MUNICIPAL CODE, AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” Palm Desert City Council Meeting Agenda [DATE] 6 15.b ADDENDUM TO THE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) 2018 FEE SCHEDULE UPDATE NEXUS REPORT AND ADOPT THE TUMF INFLATION ADJUSTMENT AND REVISED FEE SCHEDULE FOR CALENDAR YEAR 2025 451 RECOMMENDATION: Hold a noticed consolidated public hearing and receive public testimony; and 1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING AN ADDENDUM TO THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS’ TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) 2018 FEE SCHEDULE UPDATE NEXUS REPORT AND ADOPTING THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS EXECUTIVE COMMITTEE’S TUMF INFLATION ADJUSTMENT AND REVISED FEE SCHEDULE FOR CALENDAR YEAR 2025 APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF PALM DESERT.” 2. 15.c INTRODUCTION OF AN ORDINANCE TO AMEND SECTION 25.34.030 ACCESSORY DWELLING UNITS OF THE PALM DESERT MUNICIPAL AND MAKING A FINDING OF EXEMPTION UNDER CEQA 517 RECOMMENDATION: Introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 25.34.030 RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND MAKING A FINDING OF EXEMPTION UNDER CEQA” 16.INFORMATION ITEMS 17.ADJOURNMENT Palm Desert City Council Meeting Agenda [DATE] 7 18.PUBLIC NOTICES Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated office for inspection of records in connection with this meeting is the Office of the City Clerk, Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda items considered in open session, and documents provided to a majority of the legislative bodies are available for public inspection at City Hall and on the City’s website at www.palmdesert.gov by clicking “Council Agenda” at the top of the page. Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the city will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible. AFFIDAVIT OF POSTING I, Michelle Nance, 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 [DATE] 8 1 Study Session of the Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, and Board of Library Trustees Minutes October 24, 2024, 3:30 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 24, 2024, at 3:31 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: UPDATE ON THE PALM SPRINGS INTERNATIONAL AIRPORT MASTER PLAN Palm Springs Airport Commissioner, Kevin Wiseman, Palm Springs International Airport stakeholder lead, Mark Waier, and Palm Springs International Airport Marketing and Communication Specialist, Jake Ingrassia, narrated a PowerPoint presentation and responded to City Council inquiries. 3. ADJOURNMENT The City Council adjourned the Study Session at 3:59 p.m. Respectfully submitted, _________________________ Michelle Nance Deputy Clerk II _________________________ Anthony J. Mejia, MMC City Clerk/Secretary 9 10 1 Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, and Board of Library Trustees Regular Meeting Minutes October 24, 2024, 4:00 p.m. Present: Mayor Karina Quintanilla, Mayor Pro Tem Jan Harnik, Councilmember Kathleen Kelly, Councilmember Gina Nestande, Councilmember Evan Trubee 1. CALL TO ORDER A Regular Meeting of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, October 24, 2024, at 4:10 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE Mayor Quintanilla led the Pledge of Allegiance. 4. INSPIRATION Mayor Pro Tem Harnik provided words of inspiration. 5. AWARDS, PRESENTATIONS, AND APPOINTMENTS Mayor Quintanilla presented a proclamation to Dr. Ezequiel Bonillas in celebration of Hispanic Heritage Month. 5.a AWARDS: MINI MUSTER ART CONTEST Mayor Quintanilla presented certificates to the Mini Muster art contest winners. 5.b INDIGENOUS PEOPLE PROCLAMATION Mayor Quintanilla presented a proclamation to Dr. Roseanne Rosenthal of California Indian Nations College. 6. CITY MANAGER COMMENTS 6.a SHERIFF DEPARTMENT UPDATE Lt. Porras provided an update and responded to City Council inquiries. 6.b 2024 DESERT WILLOW FIRECLIFF GOLF COURSE RENOVATION Public Works Director Alvarez provided an update and responded to City Council inquiries. 7. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmembers reported on their attendance at various meetings and events. 11 2 8. NON-AGENDA PUBLIC COMMENTS Mike Morsch, Palm Desert resident, spoke regarding Mayor Quintanilla's comments regarding the Patriot Store. Barbara Wasserkrug, Palm Desert resident, encouraged residents to attend an upcoming informational event at the Desert Cities Baptist Church in Palm Desert. Brad Anderson, Rancho Mirage resident, spoke in opposition to Desert Healthcare District Measure AA and Palm Desert Measure G on the upcoming November ballot. 9. CONSENT CALENDAR Motion by: Councilmember Trubee Seconded by: Mayor Pro Tem Harnik To approve the consent calendar as presented. Motion Carried (5 to 0) 9.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES Motion by: Councilmember Trubee Seconded by: Mayor Pro Tem Harnik Approve the Minutes of October 10, 2024. Motion Carried 9.b APPROVAL OF WARRANT REGISTERS Motion by: Councilmember Trubee Seconded by: Mayor Pro Tem Harnik Approve the warrant registers issued for the period 9/30/2024 to 10/10/2024. Motion Carried 9.c RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE LICENSES Motion by: Councilmember Trubee Seconded by: Mayor Pro Tem Harnik 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 Motion Carried 12 3 9.d ADOPTION OF ORDINANCE NO. 1417 AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 5.10, SHORT TERM RENTALS Motion by: Councilmember Trubee Seconded by: Mayor Pro Tem Harnik 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.” Motion Carried 9.f ADOPTION OF ORDINANCE NO. 1419 UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 2.18, BUILDING BOARD OF APPEALS Motion by: Councilmember Trubee Seconded by: Mayor Pro Tem Harnik 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.” Motion Carried 9.h APPROVE A LEASE EXTENSION WITH THE ARTIST COUNCIL THROUGH JUNE 2030 AT 72-567 HIGHWAY 111 Motion by: Councilmember Trubee Seconded by: Mayor Pro Tem Harnik 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. Motion Carried 9.i ADOPT A RESOLUTION 2024-077 ACCEPTING THE CITY OF PALM DESERT STANDARD DETAILS AND DESIGN GUIDELINES Motion by: Councilmember Trubee Seconded by: Mayor Pro Tem Harnik 1. Adopt Resolution 2024-077 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”. 13 4 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. Motion Carried 9.j AWARD ON-CALL CONTRACT NUMBERS C48520 A-E TO MULTIPLE VENDORS FOR PARKS AND LANDSCAPE ENHANCEMENT (PROJECT NO. CPK00003) Motion by: Councilmember Trubee Seconded by: Mayor Pro Tem Harnik 1. Award contract numbers C48520 A-E 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). Motion Carried 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 Brad Anderson, Rancho Mirage resident, spoke in opposition to the proposed Ordinance. Motion by: Councilmember Nestande Seconded by: Councilmember Trubee 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.” Motion Carried (5 to 0) 14 5 9.g AWARD CONTRACT NO. C48310 TO DBX, INC., OF TEMECULA, CA, FOR VITALIA TRAFFIC SIGNAL INSTALLATION (PROJECT NO. CTS00002) Project Manager, Ryan Lamb, responded to City Council inquiries. Motion by: Councilmember Nestande Seconded by: Councilmember Trubee 1. Award contract no. C48310 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. Motion Carried (5 to 0) 10. ACTION CALENDAR None. 11. PUBLIC HEARINGS 11.a INTRODUCTION OF AN ORDINANCE NO. 1420 TO AMEND SECTIONS OF TITLE 27 GRADING OF THE PALM DESERT MUNICIPAL AND MAKING A FINDING OF EXEMPTION UNDER CEQA Principal Planner Melloni narrated a PowerPoint presentation and responded to City Council inquiries. Mayor Quintanilla opened and closed the public hearing, there being no one desiring to speak. Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik Introduce Ordinance No. 1420 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING SECTIONS OF TITLE 27 GRADING AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” Motion Carried (5 to 0) 15 6 11.b RESOLUTION 2024-078 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 Mayor Quintanilla opened the public hearing. Principal Planner Melloni presented a PowerPoint presentation and answered questions from the City Council. Discussion ensued relative to whether to postpone a decision on the licensing requirements and lease fees until Spring 2025 when the City may have more information on whether the State will extend the key provisions of the Dining Deck Program. Following discussion, it was agreed to move forward with a decision on the licensing requirements and lease fees at this time. In addition, the City Council directed staff to allow any interested restaurant to apply for a dining deck permit after completion of the El Paseo street improvement project. Mayor Quintanilla closed the public hearing, there being no one desiring to speak. Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik 1. Adopt Resolution No. 2024-078 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. Motion Carried (5 to 0) 11.c INTRODUCTION OF AN ORDINANCE NO. 1421 UPDATING PALM DESERT MUNICIPAL CODE CHAPTER 5.11, DISCLOSURES UPON TRANSFER OF RESIDENTIAL PROPERTY AND MAKING FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Mayor Quintanilla opened the public hearing. Development Services Director Cannone summarized the staff report and responded to City Council inquiries. Brad Anderson, Rancho Mirage resident, spoke in opposition to proposed Ordinance. Mayor Quintanilla closed the public hearing, there being no other member of the public wishing to speak. 16 7 Motion by: Councilmember Kelly Seconded by: Councilmember Trubee Introduce Ordinance No. 1421 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.” Motion Carried (5 to 0) 12. INFORMATION ITEMS None. 13. ADJOURNMENT The City Council adjourned at 5:38 p.m. Respectfully submitted, _________________________ Michelle Nance Deputy Clerk II _________________________ Anthony J. Mejia, MMC City Clerk/Secretary 17 18 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 10/17/2024 - 10/17/2024 City of Palm Desert Account Number 10/17/202400002874 A+ WINDOW & GUTTER CLEANINGW1 R/M BLDGS - FS #3343310002304220 9279 125.00 10/17/202400002875 ALLIANT INSURANCE SERVICES INCW1 Oct Concerts Insurance43061011104416 2834208 1,976.00 10/17/202400002876 AVENU MUNISERVICES LLCW1 STARS SVCS 2024/25 2ND QTR43093001104159 INV06-019555 1,139.63 10/17/202400002877 BEST BEST & KRIEGER LLPW1 MONTHLY RETAINER THRU 8/2443015001104120 1007190 26,743.00 10/17/202400002877 BEST BEST & KRIEGER LLPW1 REIMB LGL THRU 8/2443015001104121 1007190 7.00 10/17/202400002877 BEST BEST & KRIEGER LLPW1 REIMB LGL THRU 8/2443015001104121 1007189 78.74 10/17/202400002877 BEST BEST & KRIEGER LLPW1 ADDT'L MONTHLY LGL THRU 8/2443015001104121 1007189 49,877.49 10/17/202400002877 BEST BEST & KRIEGER LLPW1 PERSONNEL LGL 8/2443016001104121 1007191 2,424.20 10/17/202400002877 BEST BEST & KRIEGER LLPW1 Library LGL SVC 8/2443090002524662 1007189 632.70 10/17/202400002877 BEST BEST & KRIEGER LLPW1 Aug 23 Wthr Evnt lgl svc 8/2442191004004159 1007189 552.78 10/17/202400002878 BURRTECW1 Tax Roll Payment22826006100000 INV-08-27-2024 72,086.32 10/17/202400002878 BURRTECW1 Franchise Fee22826006100000 INV-08-27-2024 -2,883.45 10/17/202400002878 BURRTECW1 Admin Fee22826006100000 INV-08-27-2024 -1,099.46 10/17/202400002878 BURRTECW1 Recycle Fee22826006100000 INV-08-27-2024 -3,873.86 10/17/202400002878 BURRTECW1 Vehicle Impact Fee22826006100000 INV-08-27-2024 -2,955.54 10/17/202400002879 C V A GW1 SEP 2024 TUMF22825006100000 PDTUMF092024 34,319.87 10/17/202400002880 COACHELLA VALLEY CONSERVATIONW1 SEP 2024 MSHCP22808006100000 PDMSHCP092024 20,220.00 10/17/202400002880 COACHELLA VALLEY CONSERVATIONW1 LESS1% ADMIN FEE22808006100000 PDMSHCP092024 -202.20 10/17/202400002881 CORNERSTONE RESTAURANT SUPPLY &W1 ELECTRIC CONVECTION OVEN44001002424549 INV003457 19,021.56 10/17/202400002881 CORNERSTONE RESTAURANT SUPPLY &W1 FROZEN DRINK MACHINE44001002424549 INV003457 3,130.14 10/17/202400002881 CORNERSTONE RESTAURANT SUPPLY &W1 ELECTRIC CONVECTION OVEN44001002424549 INV003457 0.01 10/17/202400002882 DECKARD TECHNOLOGIES INCW1 STR Monitoring-SEP 2443090001104422 1741 5,783.33 10/17/202400002883 ENTERPRISE FM TRUSTW1 234LD4 MAINTENANCE43340001104331 FBN5154557 136.25 10/17/202400002883 ENTERPRISE FM TRUSTW1 22V3PJ MAINTENANCE43340001104331 FBN5154557 111.83 10/17/202400002883 ENTERPRISE FM TRUSTW1 22V3QC MAINTENANCE43340001104331 FBN5154557 110.20 10/17/202400002883 ENTERPRISE FM TRUSTW1 22V3RD MAINTENANCE43340001104331 FBN5154557 107.97 10/17/202400002883 ENTERPRISE FM TRUSTW1 22V458 MAINTENANCE43340001104331 FBN5154557 111.83 10/17/2024Report Date 1Page City and Housing Docusign Envelope ID: 4D384B88-AD8F-4D58-A734-801109792EF4 19 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 10/17/2024 - 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10/17/2024 City of Palm Desert Account Number 10/17/202402004566 CASH, PETTYW1 MEETING REFRESHMENTS43125001104422 PC051024 50.00 10/17/202402004566 CASH, PETTYW1 DECALS FOR LOBBY42110001104470 PC0925242 4.84 10/17/202402004566 CASH, PETTYW1 ARC WATER & TRAYS43063001104470 PC062424 24.24 10/17/202402004566 CASH, PETTYW1 CLARION LUNCH43125001104470 PC092524 143.33 10/17/202402004567 CASH, PETTY-W1 Packing tape supplies42110002524662 09.10.24VONNEGUT 28.86 10/17/202402004567 CASH, PETTY-W1 Office Fatigue Mat42110002524662 08.20.24 HANCOCK 21.54 10/17/202402004567 CASH, PETTY-W1 DVD/CD Plastic boxes42112002524662 08.22.24VONNEGUT 51.18 10/17/202402004567 CASH, PETTY-W1 2 ACRYLIC CARAFES43900002524662 09.25.24 SHAFFER 43.08 10/17/202402004568 CEJA, ERICW1 IEDC 2024 9/18/2443115001104430 EC - MIL 9.18.24 16.08 10/17/202402004568 CEJA, ERICW1 IEDC 2024 9/18/2443120001104430 EC - LDG 9.18.24 350.00 10/17/202402004568 CEJA, ERICW1 IEDC 2024 9/18/2443120001104430 EC - PRD 9.18.24 79.00 10/17/202402004568 CEJA, ERICW1 IEDC 2024 9/18/2443120001104430 EC - PRK 9.18.24 120.00 10/17/202402004569 CHRISTOPHER GERRYW1 APWA PW Conf 9/7/24-9/11/2443120001104300 MEALS9/7-11 333.00 10/17/202402004569 CHRISTOPHER GERRYW1 APWA PW Conf 9/7/24-9/11/2443120001104300 LODGING9/7-11 1,094.79 10/17/202402004569 CHRISTOPHER GERRYW1 APWA PW Conf 9/7/24-9/11/2443120001104300 PARKING9/7-11 120.00 10/17/202402004569 CHRISTOPHER GERRYW1 APWA PW Conf 9/7/24-9/11/2443120001104300 AIRFARE9/7-11 427.95 10/17/202402004569 CHRISTOPHER GERRYW1 APWA PW Conf 9/7/24-9/11/2443120001104300 MISC9/7-11 80.00 10/17/202402004569 CHRISTOPHER GERRYW1 APWA PW Conf 9/7/24-9/11/2443120001104300 TAXI9/7-11 68.90 10/17/202402004569 CHRISTOPHER GERRYW1 APWA PW Conf 9/7/24-9/11/2443120001104300 DATA9/7-11 44.85 10/17/202402004570 COACHELLA VALLEY ASSOCIATIONW1 CVAG PM 10 ST SWEEPING PROGRAM43630002384515 CV24350-24 12,771.45 10/17/202402004571 COACHELLA VALLEY WATER DIST.W1 (A) 1057 City Hall43510001104340 315187847714SP24 259.04 10/17/202402004571 COACHELLA VALLEY WATER DIST.W1 (B) 1057 Portola CC43510001104344 315187847714SP24 434.13 10/17/202402004571 COACHELLA VALLEY WATER DIST.W1 1093 CIVIC CENTER PARK43510001104610 315245847772SP24 5,188.59 10/17/202402004571 COACHELLA VALLEY WATER DIST.W1 1054 CITY PARKS43510001104611 315181847708SP24 3,740.00 10/17/202402004571 COACHELLA VALLEY WATER DIST.W1 1055 ST MEDIANS "5"43510001104614 315183847710SP24 8,260.08 10/17/202402004571 COACHELLA VALLEY WATER DIST.W1 10528 Entrada /Eric Johnson43510001104614 317287849814SP24 632.31 10/17/202402004571 COACHELLA VALLEY WATER DIST.W1 1141 AQUATIC CENTER43510002424549 512541849896SP24 771.10 10/17/2024Report Date 8Page City and Housing Docusign Envelope ID: 4D384B88-AD8F-4D58-A734-801109792EF4 26 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 10/17/2024 - 10/17/2024 City of Palm Desert Account Number 10/17/202402004571 COACHELLA VALLEY WATER DIST.W1 10560 HAYSTACK43510002764374 330551849952SP24 3,204.51 10/17/202402004571 COACHELLA VALLEY WATER DIST.W1 10561 HAYSTACK43510002764374 330559849954SP24 3,109.17 10/17/202402004571 COACHELLA VALLEY WATER DIST.W1 (3) 1056 Presidents Plaza43510002774373 315185847712SP24 1,703.78 10/17/202402004571 COACHELLA VALLEY WATER DIST.W1 (5) 1056 Presidents Plaza43510002774373 315185847712SP24 793.23 10/17/202402004571 COACHELLA VALLEY WATER DIST.W1 (1) 1056 Vineyards43510002784374 315185847712SP24 45.64 10/17/202402004571 COACHELLA VALLEY WATER DIST.W1 (7) 1056 Vineyards43510002784374 315185847712SP24 123.64 10/17/202402004571 COACHELLA VALLEY WATER DIST.W1 (4) 1056 The Grove43510002814374 315185847712SP24 187.87 10/17/202402004571 COACHELLA VALLEY WATER DIST.W1 (2) 1056 Presidents Plaza 343510002824373 315185847712SP24 159.89 10/17/202402004571 COACHELLA VALLEY WATER DIST.W1 (8) 1056 Presidents Plaza 343510002824373 315185847712SP24 75.54 10/17/202402004571 COACHELLA VALLEY WATER DIST.W1 (6) 1056 Portola Place43510002834374 315185847712SP24 54.74 10/17/202402004571 COACHELLA VALLEY WATER DIST.W1 (1) 1161 - 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CITY HALL43310001104340 5546 4,510.34 10/17/202402004607 KINCAID INDUSTRIES INCW1 R/M PLUMBING - CC PARK43310001104610 5527 703.37 10/17/202402004607 KINCAID INDUSTRIES INCW1 R/M PLUMBING - CC PARK43310001104610 5530 945.25 10/17/202402004607 KINCAID INDUSTRIES INCW1 R/M PLUMBING - HOVLEY43310001104611 5516 1,052.15 10/17/202402004607 KINCAID INDUSTRIES INCW1 R/M PLUMBING - FS #7143310002304220 5521 494.69 10/17/2024Report Date 11Page City and Housing Docusign Envelope ID: 4D384B88-AD8F-4D58-A734-801109792EF4 29 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 10/17/2024 - 10/17/2024 City of Palm Desert Account Number 10/17/202402004607 KINCAID INDUSTRIES INCW1 R/M PLUMBING - FS #7143310002304220 5522 300.00 10/17/202402004607 KINCAID INDUSTRIES INCW1 R/M PLUMBING - FS #3343310002304220 5537 925.79 10/17/202402004607 KINCAID INDUSTRIES INCW1 R/M PLUMBING - AQUATIC CTR43311012424549 5517 972.97 10/17/202402004607 KINCAID INDUSTRIES INCW1 R/M PLUMBING - 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FIRE STATIONS43310002304220 AA10066578 71.92 10/17/202402004610 LOCK SHOP INC.W1 DOOR LOCK SRV - PARKVIEW43696015104195 J100887 1,227.87 10/17/202402004610 LOCK SHOP INC.W1 GATE LOCKS42190001104330 BB10560795 171.26 10/17/202402004611 LOWE'S HOME CENTERS INC.W1 R/M TRAFFIC SUPPLIES43325001104250 989369-100124 206.45 10/17/202402004611 LOWE'S HOME CENTERS INC.W1 R/M BLDG SUPPLIES - CITY HALL42190001104340 975977-092524 6.33 10/17/202402004612 MAXWELL SECURITY SERVICESW1 OC24 AFTER-HOURS ALARM RESP43090001104340 2410181 400.00 10/17/202402004613 MMASCW1 Lets Talk Tues43125001104430 11168 10.00 10/17/202402004614 MOLLER'S GARDEN CENTERW1 PLANT MATERIAL43320011104610 586698 139.32 10/17/202402004614 MOLLER'S GARDEN CENTERW1 PLANT MATERIAL43320011104610 586714 73.31 10/17/202402004614 MOLLER'S GARDEN CENTERW1 ROSES - GARDEN43320011104611 575971 796.68 10/17/202402004615 NUTRIEN AG SOLUTIONS INCW1 GRASS SEED HAYSTACK GREENBELT43321002764374 55712803 13,037.75 10/17/202402004616 OMEGA INDUSTRIAL SUPPLIES INCW1 GRAFFITI REMOVAL SUPPLIES43915021104310 159392 702.71 10/17/202402004617 OZZIE'S INTERNATIONALW1 R/M CITY FLEET # 085 LEASE43340001104331 36647 911.97 10/17/2024Report Date 12Page City and Housing Docusign Envelope ID: 4D384B88-AD8F-4D58-A734-801109792EF4 30 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 10/17/2024 - 10/17/2024 City of Palm Desert Account Number 10/17/202402004618 PALM DESERT ACE HARDWAREW1 SMALL TOOLS42190001104340 247528 15.07 10/17/202402004618 PALM DESERT ACE HARDWAREW1 SUPPLIES - DOG PARK42190001104610 247602 20.22 10/17/202402004618 PALM DESERT ACE HARDWAREW1 SUPPLIES42190001104610 247491 17.23 10/17/202402004618 PALM DESERT ACE HARDWAREW1 R/M BLDGS - CITY HALL42190001104340 247631 54.91 10/17/202402004618 PALM DESERT ACE HARDWAREW1 R/M BLDG MATERIALS43310001104340 247654 69.97 10/17/202402004618 PALM DESERT ACE HARDWAREW1 R/M BLDG MATERIALS43310001104340 247658 21.54 10/17/202402004618 PALM DESERT ACE HARDWAREW1 SUPPLIES - UNIV GARDENS43910001104611 247590 28.33 10/17/202402004618 PALM DESERT ACE HARDWAREW1 small tools42110001104134 247468 34.47 10/17/202402004619 PALMER ELECTRICW1 R/M ELECT - HOVLEY SOCCER43325011104611 5974 853.44 10/17/202402004619 PALMER ELECTRICW1 R/M ELECT - IHUB43950004254430 5923 2,457.63 10/17/202402004619 PALMER ELECTRICW1 R/M ELECT - IHUB43950004254430 5947 1,581.92 10/17/202402004619 PALMER ELECTRICW1 R/M ELECT - ENTRADA DEL PASEO43921011104614 5888 6,576.46 10/17/202402004620 PARKHOUSE TIRE INC.W1 TIRES FLEET #270 OWNED43340001104331 2030240852 486.72 10/17/202402004621 PBK ARCHITECTS INCW1 SEP24 SVCS - FS 3344002002304220 PP#01 9,300.00 10/17/202402004621 PBK ARCHITECTS INCW1 SEP24 SVCS - FS 7144002002304220 PP#01 9,300.00 10/17/202402004622 PERRY, MELANIEW1 2024-10 OPENGOV CONF - MILEAGE43115001104300 1024MP-MILEAGE 16.04 10/17/202402004622 PERRY, MELANIEW1 2024-10 OPENGOV CONF - PARKING43120001104300 1024MP-PARKING 8.00 10/17/202402004622 PERRY, MELANIEW1 2024-10 OPENGOV CONF - BAGGAGE43120001104300 1024MP-BAGGAGE 125.00 10/17/202402004622 PERRY, MELANIEW1 2024-10 OPENGOV CONF - LODGING43120001104300 1024MP-LODGING 846.75 10/17/202402004622 PERRY, MELANIEW1 2024-10 OPENGOV CONF - MEALS43120001104300 1024MP-MEALS 280.00 10/17/202402004622 PERRY, MELANIEW1 2024-10 OPENGOV CONF - TRANSP43120001104300 1024M-TRANSP 82.95 10/17/202402004623 PORTOLA PALMS HOMEOWNERSW1 NOV24 HOA FEES PPMP#7343370008734195 NOV24 1922815 297.00 10/17/202402004624 PORTOLA PALMS HOMEOWNERSW1 NOV24 HOA FEES PPMHP #12943370008734195 NOV24 1922585 297.00 10/17/202402004625 PPG ARCHITECTURAL FINISHESW1 GRAFFITI REMOVAL SUPPLIES43915021104310 972220004008 80.65 10/17/202402004626 PROPER SOLUTIONS INC.W1 Temp Employee Ser 09/20/2443090001104430 16395 597.92 10/17/202402004626 PROPER SOLUTIONS INC.W1 0927-Christine J. Admin Temp43003001104150 16422 1,706.40 10/17/202402004626 PROPER SOLUTIONS INC.W1 9/6/24 Christine J. Admin Temp43003001104150 16340 1,258.47 10/17/2024Report Date 13Page City and Housing Docusign Envelope ID: 4D384B88-AD8F-4D58-A734-801109792EF4 31 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 10/17/2024 - 10/17/2024 City of Palm Desert Account Number 10/17/202402004626 PROPER SOLUTIONS INC.W1 9/13/24Christine J. Admin Temp43003001104150 16367 1,706.40 10/17/202402004626 PROPER SOLUTIONS INC.W1 9/20/24Christine J. Admin Temp43003001104150 16396 1,706.40 10/17/202402004627 Quality Office Furnishings IncW1 New furniture for library buil44001004524136 13111.1_2439-CPD 58,118.89 10/17/202402004628 RAYMOND KATZW1 Artist honorarium for the 202544002004364650 KATZC47500P 4,000.00 10/17/202402004629 RENCH, CHRIS J.W1 Artist honorarium for the 202544002004364650 RENCHC47500I 4,000.00 10/17/202402004630 Riverside County OfficeW1 State of County, Temecula43120001104430 10627037519 50.00 10/17/202402004631 SAFEWAY SIGN CO.W1 STREET SIGNS42190001104310 57652 5,716.68 10/17/202402004632 SHOCKLEY, TIMOTHYW1 Artist honorarium for the 202544002004364650 SHOCKLEYC47500L 4,000.00 10/17/202402004633 SILLERS INSTITUTEW1 CLASS A LIC/AIR BRAKE ENDORSEM43120001104310 1202 4,500.00 10/17/202402004634 SKYLINE SAFETY AND SUPPLYW1 SUPPLIES - ELECTROLYTES42190001104611 8720 224.56 10/17/202402004635 SO CAL GASW1 74605 42nd Ave SHOP43512001104330 05382896149-OC24 45.96 10/17/202402004636 SOULE, THOMASW1 Palm Springs Pulse:AdFed 10/1543125001104417 TSOULE REIM 46.36 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 iHUB SCE Oct '24-corrected43950004254430 700423102627OC24 4,139.34 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 PD Srv Area 19 LS-1-E43514001104250 700400365524SP24 2,934.31 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 (14) SHEPHERD N/O CHINOOK43514001104250 700413950271SP24 14.50 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 (16) A STREET S/O 42ND43514001104250 700413950271SP24 27.91 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 (21) DAISY/SHEPARD43514001104250 700413950271SP24 13.95 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 (28) ALPINE / SHEPHERD43514001104250 700413950271SP24 13.95 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 (29) (Shepard Lane / Scholar L43514001104250 700413950271SP24 27.91 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 (32) (Jeri Lane)43514001104250 700413950271SP24 14.50 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 (33) SHEPHERD /PORTOLA43514001104250 700413950271SP24 14.50 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 (34) PETUNIA ll (Windflower/Sh43514001104250 700413950271SP24 13.95 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 (35) COLLEGE VIEW lll (Acad/Sh43514001104250 700413950271SP24 13.95 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 Traffic lamps LS-243514001104250 700524045271SP24 340.02 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 Street lites LS-343514001104250 600001510277SP24 7,247.65 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 42991 1/2 San Pablo43514001104250 700653799848SP24 150.88 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 42993 1/2 San Pablo43514001104250 700653808235SP24 14.16 10/17/2024Report Date 14Page City and Housing Docusign Envelope ID: 4D384B88-AD8F-4D58-A734-801109792EF4 32 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 10/17/2024 - 10/17/2024 City of Palm Desert Account Number 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 73510 FW City Hall43514001104340 700116008610SP24 23,324.09 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 45480 Portola CC43514001104344 700418878578SP24 2,840.86 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 73710 FW Pumpstation43514001104610 700169234934SP24 13,325.44 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 35981 1/2 - 7600 1/2 COLLEGE43514001104611 700871754303SP24 90.89 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 43980 1/2 San Pablo Rd43514001104614 700339281893SP24 13,962.48 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 43556 1/2 San Pablo43514001104614 700654070741SP24 228.15 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 73751 Magnesia Falls Dr POOL43514002424549 700019219986SP24 16,197.97 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 (6) PARKVIEW ESTATES43514002724374 700413950271SP24 441.28 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 (7) DESERT MIRAGE/COOK43514002734680 700413950271SP24 70.53 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 (8) SANDCASTLES43514002734681 700413950271SP24 160.48 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 (12) HOVLEY/HEMMINGWAY43514002734682 700413950271SP24 19.09 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 (25) DIAMONDBACK43514002754643 700413950271SP24 13.95 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 (1) MONTEREY / MEAD. 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10/17/2024 City of Palm Desert Account Number 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 (30) SUNDANCE W (Kokopelli / S43514002874681 700413950271SP24 13.95 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 (26) PETUNIA I (Petunia / Shep43514002874682 700413950271SP24 13.95 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 (27) PETUNIA I (W Petunia/Shep43514002874682 700413950271SP24 13.95 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 (31) SUNDANCE E (Chinook / She43514002874683 700413950271SP24 14.50 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 (11) PALM DESERT C.C.43514002994374 700413950271SP24 2,484.05 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 (15) MICHIGAN / CA43514002994374 700413950271SP24 101.91 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 73710 FW Dr Ste 11643514005104195 700339417188SP24 371.45 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 73720 FW STE 100A43514005104195 700066496069SP24 3,141.24 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 73710 FW STE20043514005104195 700835292306SP24 2,253.79 10/17/202402004637 SOUTHERN CALIFORNIA EDISONW1 73710 FW STE20443696015104195 700905148268SP24 500.32 10/17/202402004638 SUPERIOR READY MIX CONCRETEW1 R/M CONCRETE - 40112 SAGEWOOD43320001104310 450598 469.80 10/17/202402004638 SUPERIOR READY MIX CONCRETEW1 R/M CONCRETE - GF / MONTEREY43320001104310 450665 1,137.85 10/17/202402004639 T-MOBILE USA INCW1 Sheriff Area Dump-T24155011243042001104210 9579920717 400.00 10/17/202402004640 THE RAMSAY GROUPW1 FY24/25 CDBG ADMIN SEP 202443090002204800 INV #3 3,800.00 10/17/202402004641 TOWNSEND PUBLIC AFFAIRS INCW1 24/25 Grant Writing-July 202443090001104159 21920 9,000.00 10/17/202402004641 TOWNSEND PUBLIC AFFAIRS INCW1 24/25 Grant Writing - Aug 202443090001104159 22073 9,000.00 10/17/202402004641 TOWNSEND PUBLIC AFFAIRS INCW1 24/25 Grant Writing-Sept 202443090001104159 22220 9,000.00 10/17/202402004641 TOWNSEND PUBLIC AFFAIRS INCW1 24/25 Grant Writing-Oct 202443090001104159 22369 9,000.00 10/17/202402004642 ULINE INCW1 Library office supplies42110002524662 183520375 371.58 10/17/202402004643 VICTOR'S GATES FENCE & WELDINGW1 R/M FENCE - COLUMBINE43320001104310 231 1,780.00 10/17/202402004644 WATERLINE TECHNOLOGIES INCW1 CHEMICALS - AQUATIC CENTER42111002424549 5710941 1,439.11 10/17/202402004644 WATERLINE TECHNOLOGIES INCW1 CHEMICALS - AQUATIC CENTER42111002424549 5707587 1,541.90 10/17/202402004644 WATERLINE TECHNOLOGIES INCW1 CHEMICALS - AQUATIC CENTER42111002424549 5709844 2,317.71 10/17/202402004645 WAXIEW1 JANITORIAL SUPPLIES42190001104340 82743273 474.14 10/17/202402004646 WHITING, RUSSELLW1 Artist honorarium for the 202544002004364650 WHITINGC47500R 4,000.00 10/17/202402004647 WILLDAN ENGINEERINGW1 Plan Review & Insp - AUG 2443010001104420 002-32688 15,471.81 10/17/202402004648 XPRESS GRAPHICSW1 Measure G mailer43093001104159 24-64676 12,429.70 10/17/2024Report Date 16Page City and Housing Docusign Envelope ID: 4D384B88-AD8F-4D58-A734-801109792EF4 34 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 10/17/2024 - 10/17/2024 City of Palm Desert Account Number 10/17/202402004648 XPRESS GRAPHICSW1 SIGNS - DOG PARKS42190001104611 24-64600 85.52 10/17/202402004649 ZUMAR INDUSTRIES INC.W1 STREET SIGNAGE42190001104310 9694 653.79 Examined and Approved Total For Bank ID - 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10/18/2024 City of Palm Desert Account Number 10/17/202493501011 US BANK P-CARD 9350WR 7587-EB Social Media43120002524662 9530 10/11/2024 457.68 Examined and Approved Total For Bank ID - WR 8,473.76City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 10/18/2024Report Date 2Page City and Housing Docusign Envelope ID: BE97409C-3FE5-4C7A-B57F-92112637E9C2 38 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 10/14/2024 - 10/18/2024 City of Palm Desert Account Number 10/18/202439881765 PUBLIC EMPLOYEES' RETIREMENTWR Health Premium Emp 10/202421608001100000 100000017680322 224,134.94 10/18/202439881765 PUBLIC EMPLOYEES' RETIREMENTWR Health Premium CC 10/202421608001100000 100000017680322 7,454.83 10/18/202439881765 PUBLIC EMPLOYEES' RETIREMENTWR EMP ADJ 10/202421608001100000 100000017680322 6,449.01 10/18/202439881765 PUBLIC EMPLOYEES' RETIREMENTWR Health Premium Retiree 10/202441190005764192 100000017680322 15,957.96 10/18/202470106608 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 10/09/2421626001100000 6547049 7,581.24 10/18/202470106608 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 10/09/2410292006100000 6547049 7,581.24 10/18/202470106608 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 10/09/2421622006100000 6547049 -7,581.24 10/18/202473784275 P E R SWR PERS 26565 10/04/202421611001100000 100000017670348 63,759.17 10/18/202473784275 P E R SWR Rounding 26565 10/04/202441115001104150 100000017670348 0.47 10/18/202473866439 Empower Retirement LLCWR Deferred Comp PayDay 010/09/2410293006100000 1229884259 22,806.11 10/18/202473866439 Empower Retirement LLCWR DEFERRED COMP PAYDAY 10/09/2421621006100000 1229884259 -4,490.00 10/18/202473866439 Empower Retirement LLCWR DEFERRED COMP PAYDAY 10/09/2421621001100000 1229884259 4,490.00 10/18/202473866439 Empower Retirement LLCWR Deferred Comp PayDay 010/09/2421623001100000 1229884259 22,806.11 10/18/202473866439 Empower Retirement LLCWR DEFERRED COMP PAYDAY 10/09/2410291006100000 1229884259 4,490.00 10/18/202473866439 Empower Retirement LLCWR Deferred Comp PayDay 010/09/2421623006100000 1229884259 -22,806.11 10/18/202473866801 Empower Retirement LLCWR 401-A Retire PayDay: 10/09/2410292016100000 1229886508 16,910.45 10/18/202473866801 Empower Retirement LLCWR 401-A Retire PayDay: 10/09/2421622011100000 1229886508 16,910.45 10/18/202473866801 Empower Retirement LLCWR 401-A Retire PayDay: 10/09/2421622016100000 1229886508 -16,910.45 10/18/202474023202 STATE OF CALIFORNIAWR PIT W/H PD: 10/09/202421602001100000 8039723 25,567.08 10/18/202474065312 P E R SWR Rounding 1105 10/04/202441115001104150 100000017670288 0.25 10/18/202474065312 P E R SWR PERS 1105 10/04/202421611001100000 100000017670288 54,724.03 10/18/202476823052 STERLING ADMINISTRATIONWR FSA HEALTH CARE 10/09/202421616001100000 813770 3,291.66 10/18/202476823052 STERLING ADMINISTRATIONWR FSA DEPENDANT CARE 10/09/202421616001100000 813770 1,229.99 10/18/202478853991 DEPARTMENT OF THE TREASURYWR Federal W/H P/D 10/09/202421601001100000 93165296 61,699.05 10/18/202478853991 DEPARTMENT OF THE TREASURYWR SocialSec W/H P/D 10/09/202421601011100000 93165296 1,237.66 10/18/202478853991 DEPARTMENT OF THE TREASURYWR Medicare W/H P/D 10/09/202421603001100000 93165296 18,185.57 10/18/2024Report Date 3Page City and Housing Docusign Envelope ID: BE97409C-3FE5-4C7A-B57F-92112637E9C2 39 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 10/14/2024 - 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Services43900001104190 694 33,320.00 10/24/202402004704 PETE'S AUTOMOTIVE SERVICE INCW1 R/M FLEET - HIST FIRE TRUCK43340001104331 54111 4,150.62 10/24/202402004705 PROPER SOLUTIONS INC.W1 1004- Christine J. Admin Temp43003001104150 16450 1,685.07 10/24/202402004705 PROPER SOLUTIONS INC.W1 Full Time Temporary Employee43003001104111 16421 1,401.20 10/24/2024Report Date 9Page City and Housing Docusign Envelope ID: 7E2C0B8D-27AE-4467-83CB-5A46D1A3B544 49 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 10/24/2024 - 10/24/2024 City of Palm Desert Account Number 10/24/202402004705 PROPER SOLUTIONS INC.W1 1011- Christine J. Admin Temp43003001104150 16474 1,706.40 10/24/202402004706 QUADIENT LEASING USA INCW1 8/1/-10/31/24 N22111079 Lease43420001104159 Q15286490001 466.02 10/24/202402004707 QUINTANILLA, KARINAW1 Quintanilla Mileage 09.202443115001104110 QUINT MILE 09.24 23.99 10/24/202402004708 R.D.O. EQUIPMENT COMPANYW1 R/M FLEET #008 CITY OWNED43340001104331 W3343945 370.62 10/24/202402004709 RETAIL COACH LLCW1 Retail Mkt Analysis - Instl 1143090001104430 5398 4,583.33 10/24/202402004710 Riverside County OfficeW1 RiveCnty Econ Summit Ceja 12/543120001104430 10708312379 60.00 10/24/202402004711 SERVPROW1 TO0010761- City Hall- SFA0000344001004504161 5275832 26,741.00 10/24/202402004712 SIGNATURE TINTW1 SIGNS - FREEDOM / UNIVERSITY43325011104611 2160 301.70 10/24/202402004713 SOUTHERN CALIFORNIA EDISONW1 72573 1/2 Hwy 111 Entrada43514001104614 700822737068SP24 8.31 10/24/202402004713 SOUTHERN CALIFORNIA EDISONW1 TRAFFIC SIGNALS TC-143514001104250 600001002544SP24 9,543.16 10/24/202402004713 SOUTHERN CALIFORNIA EDISONW1 74705 42nd PED43514001104330 700117253442SE24 4,474.43 10/24/202402004713 SOUTHERN CALIFORNIA EDISONW1 CC Park - San Pablo43514001104610 700167703344SP24 8,098.45 10/24/202402004713 SOUTHERN CALIFORNIA EDISONW1 CC Park - San Pablo43514001104610 700167703344OC24 7,603.78 10/24/202402004713 SOUTHERN CALIFORNIA EDISONW1 73510 FW PARKS AL-243514001104611 700383536327OC24 4,467.76 10/24/202402004713 SOUTHERN CALIFORNIA EDISONW1 (1) 73710 / 73720 FW STE43514005104195 700485107855SP24 10,844.79 10/24/202402004713 SOUTHERN CALIFORNIA EDISONW1 (2) 73710 FW Dr DR2 / HM143696015104195 700485107855SP24 562.72 10/24/202402004713 SOUTHERN CALIFORNIA EDISONW1 (3) 73720 FW Dr HM43696025104195 700485107855SP24 707.16 10/24/202402004714 SPERIDIAN TECHNOLOGIES LLCW1 Solution Checkpoint 3 Signoff43900001104190 34786 108,180.00 10/24/202402004715 STERLING ADMINISTRATIONW1 SEP24 Admin Fees43090001104154 801783 171.50 10/24/202402004716 SUPERIOR READY MIX CONCRETEW1 R/M CONCRETE - CORPORATE43320001104310 451078 497.30 10/24/202402004717 THERMAL TRUCK AND RVW1 R/M FLEET #101 CITY OWNED43340001104331 27575 160.00 10/24/202402004717 THERMAL TRUCK AND RVW1 R/M FLEET #087 LEASE43340001104331 27576 306.53 10/24/202402004717 THERMAL TRUCK AND RVW1 R/M DOT INSP #011 CITY OWNED43340001104331 27581 240.00 10/24/202402004718 TKE ENGINEERING INCW1 TO009850 SVS 7/01/24-08/31/2443311008714195 2024-1179 20,272.50 10/24/202402004719 U S POSTMASTERW1 FY 24/25 BRIGHTSIDE NEWSLTR PO43026001104417 BRIGHTSIDE NOV24 7,626.90 10/24/202402004720 UNIFIRST CORPORATIONW1 INDUSTRIAL UNIFORM RENTAL42140001104310 2200171137 206.85 10/24/202402004720 UNIFIRST CORPORATIONW1 INDUSTRIAL UNIFORM RENTAL42140001104310 2200183542 157.27 10/24/2024Report Date 10Page City and Housing Docusign Envelope ID: 7E2C0B8D-27AE-4467-83CB-5A46D1A3B544 50 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 10/24/2024 - 10/24/2024 City of Palm Desert Account Number 10/24/202402004720 UNIFIRST CORPORATIONW1 INDUSTRIAL UNIFORM RENTAL42140001104310 2200176276 231.94 10/24/202402004720 UNIFIRST CORPORATIONW1 INDUSTRIAL UNIFORM RENTAL42140001104310 2200173762 279.07 10/24/202402004720 UNIFIRST CORPORATIONW1 INDUSTRIAL UNIFORM RENTAL42140001104310 2200185852 156.35 10/24/202402004721 UNITED RENTALSW1 ONE WALK-BEHIND CONCRETE PLANE44045001104310 235317719-001 5,319.62 10/24/202402004721 UNITED RENTALSW1 ONE 10" WALK-BEHIND GRINDER44045001104310 235318065-001 8,386.18 10/24/202402004722 WATERLINE TECHNOLOGIES INCW1 CHEMICALS - AQUATIC CENTER42111002424549 5712175 575.39 10/24/202402004723 WEST COAST SAND & GRAVEL INCW1 SAND - FREEDOM VOLLEYBALL CTS43320011104611 766086 3,097.26 10/24/202402004724 XEROX FINANCIAL SERVICESW1 2TX101725 9/20-10/19 Lease43420001104190 6299083 203.81 10/24/202402004724 XEROX FINANCIAL SERVICESW1 9/29-10/28 Copier Lease43420001104190 6321500 2,851.42 10/24/202402004725 XPRESS GRAPHICSW1 COMM ENGAGEMENT - PALMA44001002204649 24-65292 248.30 Examined and Approved Total For Bank ID - W1 3,177,755.62City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 10/24/2024Report Date 11Page City and Housing Docusign Envelope ID: 7E2C0B8D-27AE-4467-83CB-5A46D1A3B544 51 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 10/24/2024 - 10/24/2024 City of Palm Desert Account Number 10/24/202400002547 WILLDAN FINANCIAL SERVICESW3 CDIAC Report PA2 FY23/2443090007034195 010-59877 300.00 Examined and Approved Total For Bank ID - W3 300.00City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 10/24/2024Report Date 12Page Successor Agency Docusign Envelope ID: 7E2C0B8D-27AE-4467-83CB-5A46D1A3B544 52 Amount PaidInvoiceTransaction DescAccount NumberVendor Name Golf Course Capital441 Check Number 10/25/2024 - 10/25/2024 Checks Written City of Palm Desert Check ID DW GREENS/TEE BOX RENO /-54,737.445329-RTNT20600004410000AMERICAN LANDSCAPE INC00002938W1 DW GREENS/TEE BOX RENO /1,094,748.59532948092004414195AMERICAN LANDSCAPE INC00002938W1 Examined and ApprovedExamined and ApprovedAudited and Found Correct Director of Finance City Manager 1,040,011.15Golf Course CapitalFund Mayor or Mayor Pro-Tem 10/25/2024Report Date 1Page City and Housing Docusign Envelope ID: 5C1F3EBB-EF21-4238-92C1-25ADF57099CC 53 54 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 10/31/2024 - 10/31/2024 City of Palm Desert Account Number 10/31/202400002939 A+ WINDOW & GUTTER CLEANINGW1 R/M BLDGS - HENDERSON43698005104195 9295 1,720.00 10/31/202400002940 Amazon Capital Services Inc.W1 September Supplies42110002524662 13LF-N314-3NHL 28.76 10/31/202400002940 Amazon Capital Services Inc.W1 Program September Supplies43900002524662 1D9N-VGDM-PKHQ 1,346.35 10/31/202400002940 Amazon Capital Services Inc.W1 Program September Supplies43900002524662 1L91-TMY9-9F4R 620.41 10/31/202400002940 Amazon Capital Services Inc.W1 Program September Supplies43900002524662 13MD-4V9R-RYRC 36.16 10/31/202400002940 Amazon Capital Services Inc.W1 Special programs Equipment44040002524662 1MXC-VKKP-1GTG 867.73 10/31/202400002940 Amazon Capital Services Inc.W1 ITEMS FOR STREETS / TRAFFIC42110001104300 1K9J-QFHX-WVDW 158.61 10/31/202400002940 Amazon Capital Services Inc.W1 ERGO MOUSE42110001104300 1LJM-CQWF-44N4 58.15 10/31/202400002940 Amazon Capital Services Inc.W1 ERGO DESK EXTENSION42110001104300 1NC3-7NMG-17HD 64.64 10/31/202400002940 Amazon Capital Services Inc.W1 ERGO DESK CHAIR44040001104300 1NMJ-19NP-7649 187.47 10/31/202400002940 Amazon Capital Services Inc.W1 KITCHEN APPLIANCES44040002304220 11JC-TXR4-317C 659.43 10/31/202400002941 BMW MOTORCYCLE OF RIVERSIDEW1 24/25 POLICE MTRCYCLE REP/MAIN43340001104210 6037003 1,031.58 10/31/202400002941 BMW MOTORCYCLE OF RIVERSIDEW1 24/25 POLICE MTRCYCLE REP/MAIN43340001104210 6037007 282.67 10/31/202400002942 BRODART COW1 Library Book vendor to purchas42112002524662 B6875977 25.01 10/31/202400002942 BRODART COW1 Library Book vendor to purchas42112002524662 B6875974 49.78 10/31/202400002942 BRODART COW1 Library Book vendor to purchas42112002524662 B6876048 2,264.90 10/31/202400002942 BRODART COW1 Library Book vendor to purchas42112002524662 B6875883 321.95 10/31/202400002942 BRODART COW1 Library Book vendor to purchas42112002524662 B6875950 79.97 10/31/202400002942 BRODART COW1 Library Book vendor to purchas42112002524662 B6875986 399.98 10/31/202400002942 BRODART COW1 Library Book vendor to purchas42112002524662 B6875979 69.12 10/31/202400002942 BRODART COW1 Library Book vendor to purchas42112002524662 B6856701 1,976.71 10/31/202400002942 BRODART COW1 Library Book vendor to purchas42112002524662 B6866688 70.34 10/31/202400002942 BRODART COW1 Library Book vendor to purchas42112002524662 B6866570 161.87 10/31/202400002942 BRODART COW1 Library Book vendor to purchas42112002524662 B6866568 885.05 10/31/202400002942 BRODART COW1 Library Book vendor to purchas42112002524662 B6866569 85.52 10/31/202400002942 BRODART COW1 Library Book vendor to purchas42112002524662 B6866177 22.65 10/31/202400002942 BRODART COW1 Library Book vendor to purchas42112002524662 B6866620 1,505.31 10/31/2024Report Date 1Page Docusign Envelope ID: 7B6DF855-FA94-4814-AE01-AFBDB109BB8F 55 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 10/31/2024 - 10/31/2024 City of Palm Desert Account Number 10/31/202400002942 BRODART COW1 Library Book vendor to purchas42112002524662 B6866624 14.94 10/31/202400002942 BRODART COW1 Library Book vendor to purchas42112002524662 B6866670 94.68 10/31/202400002942 BRODART COW1 Library Book vendor to purchas42112002524662 B6866580 518.13 10/31/202400002943 CITY EMPLOYEES ASSOCIATES LLCW1 PDEO DUES through 10/202421613001100000 PDEOOCTOBER24 1,535.00 10/31/202400002944 COUNTY OF RIVERSIDE ANIMAL SERVICESW1 Licensing Revenue JUL 2434117001100000 AN0000002990 -2,605.00 10/31/202400002944 COUNTY OF RIVERSIDE ANIMAL SERVICESW1 Licensing Revenue AUG 2434117001100000 AN0000003007 -2,295.00 10/31/202400002944 COUNTY OF RIVERSIDE ANIMAL SERVICESW1 Shelter Care JUL 2443090001104230 AN0000002990 32,518.60 10/31/202400002944 COUNTY OF RIVERSIDE ANIMAL SERVICESW1 Field Services ACO JUL 2443090001104230 AN0000002990 22,760.40 10/31/202400002944 COUNTY OF RIVERSIDE ANIMAL SERVICESW1 Field Services ACO/OT JUL 2443090001104230 AN0000002990 1,463.29 10/31/202400002944 COUNTY OF RIVERSIDE ANIMAL SERVICESW1 Licensing Admin Fee JUL 2443090001104230 AN0000002990 1,282.55 10/31/202400002944 COUNTY OF RIVERSIDE ANIMAL SERVICESW1 O&M JUL 2443090001104230 AN0000002990 438.48 10/31/202400002944 COUNTY OF RIVERSIDE ANIMAL SERVICESW1 Shelter Care AUG 2443090001104230 AN0000003007 8,175.52 10/31/202400002944 COUNTY OF RIVERSIDE ANIMAL SERVICESW1 Field Services ACO AUG 2443090001104230 AN0000003007 23,899.20 10/31/202400002944 COUNTY OF RIVERSIDE ANIMAL SERVICESW1 Field Services ACO/OT AUG 2443090001104230 AN0000003007 3,126.55 10/31/202400002944 COUNTY OF RIVERSIDE ANIMAL SERVICESW1 Licensing Admin Fee AUG 2443090001104230 AN0000003007 1,490.00 10/31/202400002944 COUNTY OF RIVERSIDE ANIMAL SERVICESW1 O&M AUG 2443090001104230 AN0000003007 262.20 10/31/202400002945 DEBTBOOKW1 Debtbook Renw 7/01/25-8/15/2514301001100000 DB2006207 916.67 10/31/202400002945 DEBTBOOKW1 Debtbook Renw 8/15/24-6/30/2543620011104190 DB2006207 10,083.33 10/31/202400002946 HR GREEN PACIFIC INCW1 SEP24 SVC-CC ACCESS STUDY44001004524136 179923 1,518.00 10/31/202400002946 HR GREEN PACIFIC INCW1 Broadband Study 8/202443090001104430 179222 3,930.00 10/31/202400002947 LUCAS COLOR CARDW1 Library cards Sales Tax20702002520000 70627 -71.63 10/31/202400002947 LUCAS COLOR CARDW1 Library cards invoice43610002524662 70627 924.24 10/31/202400002947 LUCAS COLOR CARDW1 Library cards Sales Tax43610002524662 70627 71.63 10/31/202400002948 MIDWEST TAPE LLCW1 FY 24/25 CATALOGING & DVD SVCS42112002524662 506183134 416.63 10/31/202400002949 PUB Construction IncW1 TO004290 - CC DOG PARK44001004004674 305436 85,538.70 10/31/202400002950 PYE BAKERW1 R/M ALARM - CORPYARD43090001104330 5342486 231.25 10/31/202400002950 PYE BAKERW1 R/M ALARM - CORPYARD43090001104330 5342565 165.00 10/31/2024Report Date 2Page Docusign Envelope ID: 7B6DF855-FA94-4814-AE01-AFBDB109BB8F 56 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 10/31/2024 - 10/31/2024 City of Palm Desert Account Number 10/31/202400002951 RHYTHM TECH PRODUCTIONS LLCW1 AV Svs for Concert 10/31/2443061011104416 147610312024 3,000.00 10/31/202400002952 RICHARD KENNEDY ARCHITECTS INCW1 SEP 2024 SVCS- LIBRARY FACILIT44001004524136 1006 19,995.00 10/31/202400002953 STAPLES BUSINESS ADVANTAGEW1 WHITEBOARD42110001104470 6014342311 47.40 10/31/202400002953 STAPLES BUSINESS ADVANTAGEW1 FOLDERS42110001104422 6014342313 67.76 10/31/202400002954 ADKINS, MICHAELW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 1,413.55 10/31/202400002955 ALLEN, FRANKW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 218.36 10/31/202400002956 AVERY, ANNW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 480.54 10/31/202400002957 BASSLER, THOMASW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 554.47 10/31/202400002958 BISHOP, ROBERTW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 517.51 10/31/202400002959 BLYTHE, BARBARAW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 187.20 10/31/202400002960 BO CHENW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 523.56 10/31/202400002961 BRADLEY, DEBRAW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 742.39 10/31/202400002962 BROWN, MICHAELW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 730.85 10/31/202400002963 CANALES, CHRISTINAW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 471.21 10/31/202400002964 CECHIN, TERRYW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 711.31 10/31/202400002965 CEHR, DAVIDW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 554.47 10/31/202400002966 CICCHINI, SUZANNEW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 1,066.96 10/31/202400002967 CONLON, PATRICK C.W1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 554.47 10/31/202400002968 CRAWFORD, DANNYW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 1,810.13 10/31/202400002969 CROY, HOMERW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 369.65 10/31/202400002970 DARLING, GLORIAW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 218.36 10/31/202400002971 HOLLINGER, DIANEW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 554.47 10/31/202400002972 DIERCKS, MARKW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 125.84 10/31/202400002973 DOYLE, KARENW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 696.15 10/31/202400002974 DRELL, PHILIP D.W1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 554.47 10/31/202400002975 ESPINOZA, JOSE LUISW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 2,088.61 10/31/202400002976 FANNING, JODIW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 1,022.98 10/31/2024Report Date 3Page Docusign Envelope ID: 7B6DF855-FA94-4814-AE01-AFBDB109BB8F 57 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 10/31/2024 - 10/31/2024 City of Palm Desert Account Number 10/31/202400002977 FERGUSON, JAMES C.W1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 924.70 10/31/202400002978 FLINT, DAVIDW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 189.25 10/31/202400002979 FOLKERS, RICHARD J.W1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 218.36 10/31/202400002980 GARCIA, MIGUELW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 730.85 10/31/202400002981 GARNER, PAGEW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 1,078.51 10/31/202400002982 GAUGUSH, CORAW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 554.47 10/31/202400002983 GLICKMAN, DEBORAH SCHWARTZW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 1,579.45 10/31/202400002984 GODFREY, BEN ORRINW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 554.47 10/31/202400002985 GOMEZ, DONNAW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 1,066.96 10/31/202400002986 GRANCE, RUSSELLW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 934.71 10/31/202400002987 GREENWOOD, MARKW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 1,579.45 10/31/202400002988 GRIFFIN, ROSALVAW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 295.55 10/31/202400002989 HENDERSON, RHONDAW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 878.22 10/31/202400002990 HERMANN, DAVIDW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 1,474.16 10/31/202400002991 HERNANDEZ, ANTHONYW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 730.85 10/31/202400002992 HERNANDEZ, CARLOSW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 1,579.45 10/31/202400002993 HOLTZ, GREGGW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 554.47 10/31/202400002994 JOHNSON, SONDRAW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 554.47 10/31/202400002995 JOY, PHILLIP E.W1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 531.31 10/31/202400002996 JUDY, JANINE MARIEW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 203.80 10/31/202400002997 KARIMI, BASHIER AHMADW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 218.36 10/31/202400002998 KILPATRICK, SHAWNW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 1,602.54 10/31/202400002999 KLASSEN, RACHELLE D.W1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 1,066.96 10/31/202400003000 KNIGHT, SPENCERW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 554.47 10/31/202400003001 KNUTSON, LAURELW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 129.30 10/31/202400003002 LEAL, DIANAW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 1,017.22 10/31/202400003003 LEON, PATRICIAW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 730.85 10/31/2024Report Date 4Page Docusign Envelope ID: 7B6DF855-FA94-4814-AE01-AFBDB109BB8F 58 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 10/31/2024 - 10/31/2024 City of Palm Desert Account Number 10/31/202400003004 LONGMAN, ELIZABETH M.W1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 174.69 10/31/202400003005 MCBRIDE, CRAIGW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 218.36 10/31/202400003006 MCCARTHY, JUSTINW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 443.58 10/31/202400003007 METZ, THOMASW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 1,576.12 10/31/202400003008 MONROE, TONYAW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 730.85 10/31/202400003009 MOORE, JANETW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 1,579.45 10/31/202400003010 MOORE, RUTH ANNW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 730.85 10/31/202400003011 NEELY, MICHAELW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 554.47 10/31/202400003012 NIEMCZAK, JAYW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 101.60 10/31/202400003013 O'REILLY, MONICAW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 1,060.17 10/31/202400003014 OSBORN, LINDAW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 218.36 10/31/202400003015 PONDER, HARTW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 141.41 10/31/202400003016 PRUSINOWSKI, KARENW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 480.54 10/31/202400003017 REAM, LISAW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 345.55 10/31/202400003018 RIDDLE, FRANKIEW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 742.39 10/31/202400003019 ROCHA, GRACE L.W1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 817.47 10/31/202400003020 ROSAS, SERGIOW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 1,066.96 10/31/202400003021 RUSSELL, LINDAW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 641.75 10/31/202400003022 SCULLY, PATRICIA H.W1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 218.36 10/31/202400003023 CHRISTIANSEN, SHARONW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 730.85 10/31/202400003024 SMITH, STEPHEN R.W1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 554.47 10/31/202400003025 STANLEY, JANEW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 342.19 10/31/202400003026 SZYMANSKI, BETTYW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 1,209.23 10/31/202400003027 TOWNSEND, ALANAW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 247.48 10/31/202400003028 TUCKER, RONW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 471.21 10/31/202400003029 WALKER, DELW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 344.81 10/31/202400003030 WEIL, CHIN-YUW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 471.21 10/31/2024Report Date 5Page Docusign Envelope ID: 7B6DF855-FA94-4814-AE01-AFBDB109BB8F 59 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 10/31/2024 - 10/31/2024 City of Palm Desert Account Number 10/31/202400003031 WELLER, DENIW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 554.47 10/31/202400003032 WHITE, BRYCEW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 203.80 10/31/202400003033 WILCOX, DARINW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 356.00 10/31/202400003034 WITTE, LOCKW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 1,070.56 10/31/202400003035 WOHLMUTH, JOHNW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 745.87 10/31/202400003036 ZAMARRIPA, AARONW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 730.85 10/31/202400003037 ZAMORA, FLORENTINO G.W1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 369.43 10/31/202400003038 ZATARAIN, ABELW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 1,022.98 10/31/202400003039 ZATARAIN, GERARDOW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 1,066.96 10/31/202402004726 ADVANTEC CONSULTING ENGINEERSW1 DESIGN SRVS - COOK TRAFFIC SIG50009112134385 9803-0277-12 1,335.00 10/31/202402004727 ALPHA MEDIA LLCW1 Concerts in The Park - Oct2443222001104417 785357-1 540.00 10/31/202402004728 AMERICAN HERITAGE POOL CORP.W1 RTNT 24251355/A4788020600008710000 1959-RTNT -1,386.51 10/31/202402004728 AMERICAN HERITAGE POOL CORP.W1 Las Serenas Pool/Deck Improvem43311008714195 1959 27,730.18 10/31/202402004729 AMERICAN RIGHT-OF-WAY INCW1 VITALIA TRAFFIC SIGNAL POLES50009112134385 35 94,554.94 10/31/202402004730 ANSER ADVISORY MANAGEMENT LLCW1 SEP24 SVCS50004552324370 27646 777.50 10/31/202402004731 BECERRA, ROBERTW1 2024-10 BOOTS REIMB - RB43915001104300 1022BOOTREIMB-RB 88.00 10/31/202402004732 BEDROSIAN, PATRICKW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 203.80 10/31/202402004733 BUREAU VERITAS NORTH AMERICAW1 Plan Review & Insp - AUG 2443010001104420 RI 24045254 48,815.62 10/31/202402004734 CAL STRIPE INCW1 STREET / BIKE LANE STRIPING43320002134315 24029-04 88,299.80 10/31/202402004735 CASC ENGINEERING ANDW1 MS4 / NPDES SUPPORT44001001104396 0052027 1,957.50 10/31/202402004735 CASC ENGINEERING ANDW1 MS4 / NPDES SUPPORT44001001104396 0052136 5,859.75 10/31/202402004736 CEJA, ERICW1 Mile Reimb - E.Ceja StofCnty43115001104430 10242024ECEJAMIL 85.76 10/31/202402004737 CHARTER COMMUNICATIONSW1 OC24 73571 MAGNESIA FALLS-PDAC43650002424549 189329001101424 259.75 10/31/202402004738 CITY OF RANCHO MIRAGEW1 Joslyn Center Wifi and Signage44040001104159 144 1,868.30 10/31/202402004739 CLARION ASSOCIATES LLCW1 Unified Develop Code-AUG 2443005001104470 9857 8,865.14 10/31/202402004740 COACHELLA VALLEY WATER DIST.W1 Bertain A - Landscape Univ Pk43510001104611 830049443846OC24 539.42 10/31/202402004740 COACHELLA VALLEY WATER DIST.W1 Bertain A1 - Fountain Univ43510001104611 830047443842OC24 26.08 10/31/2024Report Date 6Page Docusign Envelope ID: 7B6DF855-FA94-4814-AE01-AFBDB109BB8F 60 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 10/31/2024 - 10/31/2024 City of Palm Desert Account Number 10/31/202402004740 COACHELLA VALLEY WATER DIST.W1 Nichols Dr - Univ PK43510001104611 822075444102OC24 115.84 10/31/202402004740 COACHELLA VALLEY WATER DIST.W1 74350 College Dr - Univ PK43510001104611 762703889274OC24 15.05 10/31/202402004740 COACHELLA VALLEY WATER DIST.W1 1149 ST MEDIANS NORTH43510001104614 586651849912OC24 249.87 10/31/202402004740 COACHELLA VALLEY WATER DIST.W1 iHUB CVWD Oct 202443950004254430 720041309104OC24 66.02 10/31/202402004741 CONTINENTAL LIFE INSURANCE COMPANYW1 EMS 12/9/21 Ref Run 21-69329534124002300000 CLI6675561 82.37 10/31/202402004742 COSTUME SPECIALISTS INCW1 Costume for grand opening prog43900002524662 SH13968 380.00 10/31/202402004743 CVRMW1 5 Shelter beds - September43090002254212 7268 3,750.00 10/31/202402004744 DANIEL HURTADOW1 Mileage RUASI9/12-9/13 D.Hurta43115001104211 RUASI 09.12.24 144.72 10/31/202402004745 DATA TICKET INCW1 Citation Processing-SEP 2443090001104422 170953 426.85 10/31/202402004746 DAVIS, LORIW1 Poet Laureate for City Events.43092004364650 5 875.00 10/31/202402004747 DEPARTMENT OF JUSTICEW1 24/25 BLOOD ALCOHOL ANALYSIS D43904001104210 772322 140.00 10/31/202402004747 DEPARTMENT OF JUSTICEW1 24/25 BLOOD ALCOHOL ANALYSIS D43904001104210 772436 70.00 10/31/202402004748 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - FS #3343310002304220 254533 177.29 10/31/202402004748 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - FS #7143310002304220 254328 256.12 10/31/202402004748 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - STATE BLDG43696025104195 254596 859.48 10/31/202402004748 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - STATE BLDG43696025104195 254597 247.50 10/31/202402004748 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - STATE BLDG43696025104195 254598 148.50 10/31/202402004748 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - FS #3343310002304220 254313 232.59 10/31/202402004749 DESERT COMMUNITY COLLEGE DISTRICTW1 Lib.Annual Lease7/1/24-6/30/2543450002524662 2025-3 112,313.00 10/31/202402004749 DESERT COMMUNITY COLLEGE DISTRICTW1 LDSCP REIMB - Vintage 23343843450002524662 2025-3 -9,000.00 10/31/202402004749 DESERT COMMUNITY COLLEGE DISTRICTW1 LDSCP REIMB - WAC 21471243450002524662 2025-3 -7,852.40 10/31/202402004750 DESERT NAPA AUTO PARTSW1 R/M VEHICLE SUPPLIES43340001104331 100165 153.33 10/31/202402004751 DESERT TREE SPRAYINGW1 AG24 RODENT/GOPHER CNTRL- CC43320011104610 3328 310.00 10/31/202402004751 DESERT TREE SPRAYINGW1 GOPHER/RODENT CONTROL - PARKS43320011104611 3328 305.00 10/31/202402004751 DESERT TREE SPRAYINGW1 RODENT/GOPHER CONTROL - GARDEN43910001104611 3328 90.00 10/31/202402004751 DESERT TREE SPRAYINGW1 RODENT/GOPHER CONTROL - ENTRAD43921011104614 3328 140.00 10/31/202402004751 DESERT TREE SPRAYINGW1 RODENT/GOPHER CONTROL - K/B43321002854374 3328 90.00 10/31/2024Report Date 7Page Docusign Envelope ID: 7B6DF855-FA94-4814-AE01-AFBDB109BB8F 61 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 10/31/2024 - 10/31/2024 City of Palm Desert Account Number 10/31/202402004752 DISCOVER PRODUCTS INCW1 RR2024-07-26-02043042001104210 IN2407251434SRW 44.00 10/31/202402004753 EISENHOWER MEDICAL CENTERW1 24/252st Pmt Const of EE Child43883004004800 C45450YR2 1,000,000.00 10/31/202402004754 ENGINEERING RESOURCESW1 SEP24 SVCS44001002354270 60805 16,592.05 10/31/202402004754 ENGINEERING RESOURCESW1 SEP24 SVCS - HAYSTACK50004544204370 60768 7,010.00 10/31/202402004755 FENSKE, CHARLESW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 554.47 10/31/202402004756 FRIENDS OF THE DESERTW1 TRAIL MGMT / MAINTENANCE43092001104610 492 25,000.00 10/31/202402004757 FRONTIER COMMUNICATIONS INCW1 D/U CIRCUIT FRED WARING43650001104159 7605686932-1024 76.62 10/31/202402004757 FRONTIER COMMUNICATIONS INCW1 PHONE SVC43060011104211 7608629848-1024 174.25 10/31/202402004757 FRONTIER COMMUNICATIONS INCW1 TRAFFIC SIGNAL LINE SVC43650001104250 7603459146-1024 76.62 10/31/202402004757 FRONTIER COMMUNICATIONS INCW1 PCC PHONE SRV43650001104344 7605682560-1024 184.73 10/31/202402004757 FRONTIER COMMUNICATIONS INCW1 VALLEY CRIMESTOPPERS HOTLINE43914002294210 7603417867-1024 199.78 10/31/202402004757 FRONTIER COMMUNICATIONS INCW1 EP PHONE SVC43695002714491 7606749012-1024 143.70 10/31/202402004757 FRONTIER COMMUNICATIONS INCW1 PARKVIEW BLDG ALARM SRV43696015104195 7603468393-1024 193.84 10/31/202402004757 FRONTIER COMMUNICATIONS INCW1 PARKVIEW BLDG PHONE SRV43696015104195 7606741960-1024 125.45 10/31/202402004757 FRONTIER COMMUNICATIONS INCW1 PARKVIEW BLDG FIRE ALARM43696015104195 7607791904-1024 115.98 10/31/202402004757 FRONTIER COMMUNICATIONS INCW1 PARKVIEW BLDG ALARM SRV43696015104195 7608361142-1024 122.77 10/31/202402004757 FRONTIER COMMUNICATIONS INCW1 STATE BLDG INTERNET SRV43696025104195 3101746165-1024 67.98 10/31/202402004757 FRONTIER COMMUNICATIONS INCW1 HENDERSON BLDG PHONE SRV43698005104195 7607766715-1024 311.47 10/31/202402004758 GLS USW1 Shipment 2 Riverside County DA43660001104150 5383000 3.80 10/31/202402004759 HAMMER PLUMBING AND PUMPINGW1 CAHUILLA RESTROOM PUMP SRV43310001104611 33742-1 395.00 10/31/202402004760 HF&H CONSULTANTS LLCW1 Jul24 Solid waste, recycling43090002364195 9721427 8,263.00 10/31/202402004761 HORIZON LIGHTING INC.W1 ELECT/LIGHTING - FS #7143310002304220 366578 5,105.54 10/31/202402004762 IFORM MEDIAW1 Bench Artwrk43092004364650 16745-BENCHE 1,550.00 10/31/202402004763 INTERNATIONAL PAVING SERVICES INCW1 RTNT 24251399 / C4825020600004000000 36157-RTNT -14,824.90 10/31/202402004763 INTERNATIONAL PAVING SERVICES INCW1 Civic Center Parking Lot Slurr50009144004161 36157 277,319.00 10/31/202402004763 INTERNATIONAL PAVING SERVICES INCW1 CO #1 Add'l costs for asphalt50009144004161 36157 19,179.00 10/31/202402004764 Jesus GardunoW1 2024-10 BOOTS REIMB - JG43915001104300 1022BOOTREIMB-JG 182.03 10/31/2024Report Date 8Page Docusign Envelope ID: 7B6DF855-FA94-4814-AE01-AFBDB109BB8F 62 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 10/31/2024 - 10/31/2024 City of Palm Desert Account Number 10/31/202402004765 JOE GONSALVES & SON CORPW1 Nov24 Retainer for legal43090001104112 162012 3,000.00 10/31/202402004766 JR THOMAS GOLF CARS INCW1 R/M GOLF CART43340001104331 42488 338.95 10/31/202402004767 LOCK SHOP INC.W1 DOOR LOCK SRV - HOVLEY PARK43310001104611 M323621 130.00 10/31/202402004767 LOCK SHOP INC.W1 DOOR LOCK SRV - HOVLEY PARK43310001104611 J100909 156.55 10/31/202402004768 LOWE'S HOME CENTERS INC.W1 SHOP SUPPLIES42190001104330 994927-100324 66.75 10/31/202402004769 MATRIX CONSULTING GROUP LTDW1 FLEET VEHICLE STUDY44030005304310 1143-24 #5 18,880.00 10/31/202402004770 MERCHANTS BUILDINGW1 EXTRA JANITORIAL SRVS43326001104340 832143 375.00 10/31/202402004770 MERCHANTS BUILDINGW1 EXTRA JANITORIAL SRV - FREEDOM43310001104611 832144 750.00 10/31/202402004770 MERCHANTS BUILDINGW1 EXTRA JANITORIAL SRVS - PDAC43311012424549 832135 350.00 10/31/202402004770 MERCHANTS BUILDINGW1 EXTRA JANITORIAL SRVS - STATE43696025104195 832134 365.00 10/31/202402004771 NAI CONSULTING INCW1 SEP24 SVS-ELDORADO REHAB43320002134311 2024-04.02 10,200.00 10/31/202402004772 ORIENTAL TRADING COMPANY INCW1 Special Programs43900002524662 73321629201 314.93 10/31/202402004772 ORIENTAL TRADING COMPANY INCW1 Special Programs43900002524662 73321629202 37.70 10/31/202402004773 PALM DESERT SR DEVELOPMENT LPW1 RELEASE MAINT BOND R5428622801006100000 PG18-0014 5,096.07 10/31/202402004774 PALMER ELECTRICW1 R/M ELECT - PALMA PARK43325011104611 5753 250.93 10/31/202402004774 PALMER ELECTRICW1 R/M ELECT - HOVLEY PARK43325011104611 5874 715.83 10/31/202402004774 PALMER ELECTRICW1 R/M ELECT - FREEDOM PARK43325011104611 6005 1,171.32 10/31/202402004774 PALMER ELECTRICW1 R/M ELECT - UNIV MEDIANS43325011104614 5857 968.67 10/31/202402004774 PALMER ELECTRICW1 R/M ELECT - PDAC43311012424549 5762 616.43 10/31/202402004774 PALMER ELECTRICW1 R/M ELECT - CIVIC CENTER PARK43321001104610 6013 1,977.54 10/31/202402004774 PALMER ELECTRICW1 R/M ELECT - CIVIC CENTER PARK43321001104610 6018 1,353.77 10/31/202402004774 PALMER ELECTRICW1 R/M ELECT - PDAC43311012424549 6006 691.27 10/31/202402004774 PALMER ELECTRICW1 R/M ELECT - PDAC43311012424549 6014 251.82 10/31/202402004774 PALMER ELECTRICW1 R/M ELECT - STATE BLDG43696025104195 6012 1,007.28 10/31/202402004775 PARTY LIFE PHOTO BOOTH LLCW1 Deposit. Photo booth. grand op43900002524662 288286-000139 300.00 10/31/202402004776 PATTON DOOR & GATEW1 R/M OVERHEAD DOORS - FS #3343310002304220 96750 150.00 10/31/202402004776 PATTON DOOR & GATEW1 R/M OVERHEAD DOORS - FS #3343310002304220 96952 2,400.00 10/31/2024Report Date 9Page Docusign Envelope ID: 7B6DF855-FA94-4814-AE01-AFBDB109BB8F 63 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 10/31/2024 - 10/31/2024 City of Palm Desert Account Number 10/31/202402004777 PENTA, RYLANDW1 Civic Academy 10/21/2443125001104417 CIVIC ACADE REIN 401.37 10/31/202402004777 PENTA, RYLANDW1 Civic Academy 10/21/2443125001104417 CIVIC ACADE10.21 104.63 10/31/202402004778 RETAIL MARKETING SERVICESW1 Shopping Cart Retrieval-SEP 2443090001104422 193592 620.00 10/31/202402004778 RETAIL MARKETING SERVICESW1 Shopping Cart Retrieval-AUG 2443090001104422 193153 530.00 10/31/202402004779 RIVERSIDE COUNTY SHERIFF-PSECW1 24/25 COP RADIO OPERATIONS SVC43042001104210 PE0000002116 126.99 10/31/202402004779 RIVERSIDE COUNTY SHERIFF-PSECW1 FY 24/25 Radio Operations Citi43060011104211 PE0000002115 736.56 10/31/202402004780 SEAWRIGHT CUSTOM PRECAST INCW1 SN COMM GARDEN PLANTER BOXES44001004004618 4211 60,283.97 10/31/202402004781 SERVPROW1 TO0010670- STATE BUILDING WRCB44001005104361 5275356 160,000.00 10/31/202402004782 SO CAL GASW1 45480 Portola Avenue43512001104344 16752512422-OC24 27.61 10/31/202402004782 SO CAL GASW1 44400 Town Ctr Wy - FS#3343512002304220 06242756002-OC24 154.05 10/31/202402004782 SO CAL GASW1 73995 Country Club Dr - FS#7143512002304220 13562662000-OC24 80.41 10/31/202402004782 SO CAL GASW1 73200 Mesa View Dr. - FS#6743512002304220 05412483009-OC24 66.08 10/31/202402004782 SO CAL GASW1 73751 Magnesia Falls - POOL43512002424549 13149517933-OC24 184.46 10/31/202402004782 SO CAL GASW1 72559 Hwy 111-Henderson43698005104195 08946430827-OC24 14.79 10/31/202402004783 SOULE, THOMASW1 Mile Las Vegas Souven 9/20/2443115001104417 MILE 9/17/24 TSO 3.35 10/31/202402004783 SOULE, THOMASW1 LDG Las Vegas Souven- 9/20/2443120001104417 LDG 9/17/24 TSOU 417.00 10/31/202402004783 SOULE, THOMASW1 AIr Las Vegas Souvenir-9.20.2443120001104417 AIR 9/17/24 TSOU 266.97 10/31/202402004783 SOULE, THOMASW1 PRDM Las Vegas Souven- 9/20/2443120001104417 PDM 9/17/24 TSOU 241.50 10/31/202402004784 SOUTH COAST AQMDW1 AQMD FEE FY13/14 FS#3343640001104330 2718942 124.89 10/31/202402004785 T-MOBILE USA INCW1 Sheriff Timing Ad. T24256012143042001104210 9581760029 50.00 10/31/202402004785 T-MOBILE USA INCW1 Sherriff Timing Ad. T24232001743042001104210 9581145416 165.00 10/31/202402004785 T-MOBILE USA INCW1 Sheriff Timing Ad. T24232001743042001104210 9581145415 165.00 10/31/202402004785 T-MOBILE USA INCW1 Sheriff Timing Ad. T24155011243042001104210 9572545322 50.00 10/31/202402004786 T-MOBILE USA INCW1 OCT24 VEHICLE GPS MONITORING43340001104331 978220384 1,429.40 10/31/202402004787 TKE ENGINEERING INCW1 SEP24 SVCS-MTN VIEW RETN BASIN42191001104159 2024-1202 31,432.50 10/31/202402004787 TKE ENGINEERING INCW1 AUG24 SVCS-MTN VIEW RETN BASIN42191001104159 2024-1178 19,000.50 10/31/202402004788 TOPS N BARRICADES INC.W1 DECALS43310001104330 1109761 755.00 10/31/2024Report Date 10Page Docusign Envelope ID: 7B6DF855-FA94-4814-AE01-AFBDB109BB8F 64 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 10/31/2024 - 10/31/2024 City of Palm Desert Account Number 10/31/202402004789 TORRES, FRANCISCOW1 2024-10 BOOTS REIMB - FT43915001104300 1022BOOTREIMB-FT 206.85 10/31/202402004790 TRI STAR CONTRACTING II INCW1 TO009265- Cook Street- SDS000042191001104159 040624G 140,000.00 10/31/202402004791 URBAN, LIBERTYW1 Reimburse for FSA-health21616001100000 2401220REIMB 40.00 10/31/202402004792 WATERLINE TECHNOLOGIES INCW1 CHEMICALS - AQUATIC CENTER42111002424549 5711986 1,370.58 10/31/202402004792 WATERLINE TECHNOLOGIES INCW1 CHEMICALS - AQUATIC CENTER42111002424549 5712953 1,130.73 10/31/202402004793 WILLDAN ENGINEERINGW1 Plan Review & Insp - SEP 2443010001104420 002-33042 25,495.38 10/31/202402004794 WRIGHT, BARBARAW1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 218.36 10/31/202402004795 XPRESS GRAPHICSW1 Printing / Duplicating43610002524662 24-65415 476.88 10/31/202402004795 XPRESS GRAPHICSW1 Library dedication sign43610002524662 24-65210 90.84 10/31/202402004796 YRIGOYEN, DAVID L.W1 RETIREE HEALTH STIPEND Nov-2441190005764192 11/1/2024 554.47 Examined and Approved Total For Bank ID -W1 2,526,833.88City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 10/31/2024Report Date 11Page Docusign Envelope ID: 7B6DF855-FA94-4814-AE01-AFBDB109BB8F 65 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 10/31/2024 - 10/31/2024 City of Palm Desert Account Number 10/31/202400002548 IS PALM DESERT LPW3 November 2024 Sewer Rent Pymt43740007034121 NOV2024 11,639.40 Examined and Approved Total For Bank ID -W3 11,639.40City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 10/31/2024Report Date 12Page Docusign Envelope ID: 7B6DF855-FA94-4814-AE01-AFBDB109BB8F 66 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 10/28/2024 - 11/1/2024 City of Palm Desert Account Number 10/30/202431944929 P E R SWR PERS - 1105 10/31/202421611001100000 100000017670329 615.32 10/30/202431944929 P E R SWR Rounding - 1105 10/31/202441115001104150 100000017670329 0.01 10/30/202432454942 P E R SWR Rounding - 26565 10/31/202441115001104150 100000017670392 0.04 10/30/202432454942 P E R SWR PERS - 26565 10/31/202421611001100000 100000017670392 2,432.08 10/30/202450764349 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 10/11/2421626001100000 6677877 233.76 10/30/202450764349 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 10/11/2410292006100000 6677877 233.76 10/30/202450764349 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 10/11/2421622006100000 6677877 -233.76 10/30/202451328319 DEPARTMENT OF THE TREASURYWR Federal W/H P/D 10/23/202421601001100000 51074156 59,946.59 10/30/202451328319 DEPARTMENT OF THE TREASURYWR SocialSec W/H P/D 10/23/202421601011100000 51074156 1,249.60 10/30/202451328319 DEPARTMENT OF THE TREASURYWR Medicare W/H P/D 10/23/202421603001100000 51074156 17,960.15 10/30/202456102364 STERLING ADMINISTRATIONWR FSA HEALTH CARE 10/23/202421616001100000 8148822 3,251.66 10/30/202456102364 STERLING ADMINISTRATIONWR FSA DEPENDANT CARE 10/23/202421616001100000 8148822 1,229.99 10/30/202460225611 Empower Retirement LLCWR DEFERRED COMP PAYDAY 10/23/2421621001100000 1233649623 4,490.00 10/30/202460225611 Empower Retirement LLCWR Deferred Comp PayDay 10/23/2421623001100000 1233649623 23,656.32 10/30/202460225611 Empower Retirement LLCWR DEFERRED COMP PAYDAY 10/23/2410291006100000 1233649623 4,490.00 10/30/202460225611 Empower Retirement LLCWR Deferred Comp PayDay 10/23/2410293006100000 1233649623 23,656.32 10/30/202460225611 Empower Retirement LLCWR DEFERRED COMP PAYDAY 10/23/2421621006100000 1233649623 -4,490.00 10/30/202460225611 Empower Retirement LLCWR Deferred Comp PayDay 10/23/2421623006100000 1233649623 -23,656.32 10/30/202460394321 Empower Retirement LLCWR 401-A Retire PayDay: 10/23/2421622016100000 1233651437 -16,907.58 10/30/202460394321 Empower Retirement LLCWR 401-A Retire PayDay: 10/23/2410292016100000 1233651437 16,907.58 10/30/202460394321 Empower Retirement LLCWR 401-A Retire PayDay: 10/23/2421622011100000 1233651437 16,907.58 10/30/202461505299 STATE OF CALIFORNIAWR PIT W/H PD: 10/11/202421602001100000 8045021 106.58 10/30/202461644619 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 10/23/2421626001100000 6903274 7,577.48 10/30/202461644619 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 10/23/2410292006100000 6903274 7,577.48 10/30/202461644619 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 10/23/2421622006100000 6903274 -7,577.48 10/30/202467996758 P E R SWR PERS 26565 10/18/202421611001100000 100000017670378 61,956.69 10/30/202467996758 P E R SWR Rounding 26565 10/18/202441115001104150 100000017670378 0.47 11/01/2024Report Date 1Page City and Housing Docusign Envelope ID: 8240A516-6969-41F2-B916-C483D36B5E43 67 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 10/28/2024 - 11/1/2024 City of Palm Desert Account Number 10/30/202467997142 P E R SWR Rounding 1105 10/18/202441115001104150 100000017670307 0.24 10/30/202467997142 P E R SWR PERS 1105 10/18/202421611001100000 100000017670307 55,430.36 10/30/202468004969 STATE OF CALIFORNIAWR PIT W/H PD: 10/23/202421602001100000 8059866 25,084.23 10/30/202468783124 DEPARTMENT OF THE TREASURYWR Federal W/H P/D 10/11/202421601001100000 91263302 879.96 10/30/202468783124 DEPARTMENT OF THE TREASURYWR Medicare W/H P/D 10/11/202421603001100000 91263302 461.64 10/30/202473357696 TRANSAMERICA EMPLOYEE BENEFITSWR Supplmental Ins 10-31-2421616001100000 2505518938 707.54 10/30/202473357696 TRANSAMERICA EMPLOYEE BENEFITSWR Supplmental Ins 10-31-2421616001100000 2505518938 300.14 Examined and Approved Total For Bank ID - WR 284,478.43City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 11/01/2024Report Date 2Page City and Housing Docusign Envelope ID: 8240A516-6969-41F2-B916-C483D36B5E43 68 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: From: Date: BUILDING AND SAFETY DIVISION AND PLANNING DIVISION MICHELLE NANCE, DEPUTY CITY CLERK Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: _____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________ Responding Department: __________________________ Date: ________________ Response: No comment – okay to present to City Council. Refer to ______________________________________ - related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ PALM DESERT LOCAL MART INC (Local Mart) 745-200 PORTOLA AVE 321 Palm Desert 92260 Monday, November 4, 2024. October 28, 2024Development Services: Planning 4 October 28, 2024 69 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): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ PALM DESERT LOCAL MART INC (Local Mart) 745-200 PORTOLA AVE 321 Palm Desert 92260 Monday, November 4, 2024. October 28, 2024Building and Safety October 28, 2024 70 Department of Alcoholic Beverage Control State of California APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE A BC 2 11 (6/99) TO:Department of Alcoholic Beverage Control 34-160 GATEWAY DR. STE 120 File Number: 663599 Receipt Number: 2943600 Geogra phical Code : 3318 PALM DESERT, CA 92211 (760) 324-2027 Copi es Mailed Date: October 21, 2024 Issued Date: DISTRICT SERVING LOCATION: PALM DESERT First Owner: Name of Bu s iness: PALM DESERT LOCAL MART INC LOCAL MART Location of Business: County Is Premises inside city limits Mailin g Address :(If different from premi se s address) Type of licen se(s): Transferor's license/name : License Type 2 1 -O ff-Sale Ge neral License Type Applicati on Fee 2 1 -O ff-Sa le General 45-200 PORTOLA AVE 321 PALM DESERT, CA 92260-4431 RIVERSIDE Yes 45200 PORTOLA AVE PALM DESERT, CA 92260-4431 21 Transaction Type Master ORI y Transaction Description Fee Code A DD PRI MARY LI CENSE T YP E NA ANNUAL FEE NA Have you ev er been convicted of a felony ? No Census Tract: 0451.17 Dropping Partner: Yes Secondary LT And Coun1 Dup Date Fee 0 09/27 /24 $18,635.00 0 10/21/2 4 $949 .00 Total $19,584.00 Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulation s of the Department pertaining to th e Act? o No ST A T E OF CALIFORNIA County of RIVERSIDE Date : September 27 , 2024 Applicant Name(s) PALM DESERT LOCAL MART fN C ***Priority Winner Rank #9*** 0 (""') ..... N o:> pa :i: --.. N ' " ~~. ·-· ..;.. Or m :• tft • ?:), -,, G 71 72 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: November 14, 2024 PREPARED BY: Erika Castellano, Senior Administrative Assistant SUBJECT: ACCEPTANCE A RESIGNATION FROM THE FINANCE COMMITTEE RECOMMENDATION: With regret, accept the resignation of Jake Wuest from the Finance Committee , effective December 31, 2024. BACKGROUND/ANALYSIS: On July 1, 2024, Jake Wuest was reappointed to the Finance Committee with a term ending on June 30, 2028. On October 16, 2024, Mr. Wuest informed the City that he will no longer be a Palm Desert resident as of December 31, 2024, with his resignation to be effective that date. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: There is no fiscal impact associated with this action. 73 74 Page 1 of 4 CITY OF PALM DESERT STAFF REPORT MEETING DATE: November 14, 2024 PREPARED BY: Ivan Tenorio, Homeless and Supportive Services Manager SUBJECT: AUTHORIZATION OF JOSLYN CENTER AGREEMENT WITH PALM DESERT WAVE HOUSE FOR PARKING LOT USE AND CONSTRUCTION AND INSTALLATION OF PICKLEBALL COURT RECOMMENDATION: 1. Authorize Palm Desert Wave House, LLC, Parking Lot Use Agreement p ursuant to Article 5 of Contract No. C36520, Lease Agreement between the Cove Communities Senior Association and the City of Palm Desert. 2. Authorize the City Attorney to make any necessary non -monetary changes to the Parking Lot Use Agreement. 3. Authorize the construction and installation of a pickleball court pursuant to Article 6 of Contract No. C36520, Lease Agreement between the Cove Communities Senior Association and the City of Palm Desert BACKGROUND/ANALYSIS: On November 16, 2017, the City Council approved a 20-year land lease agreement with the Cove Communities Senior Association for the City-owned Joslyn Center site, located at 73750 Catalina Way. The site includes the Joslyn Center, its grounds, and the parking area. The lease agreement indicates that City Council authorization is needed when there is a deviation from the original terms or new improvements are proposed. The lease provides parking exclusively for the Joslyn Center. However, Palm Desert Wave House, LLC, has approached the Joslyn Center to utilize the parkin g lot during non-business hours to support viewing of the Palm Desert Wave House during Modernism Week. Additionally, the Joslyn Center plans to install a pickleball court to respond to member requests. The staff report includes a request for authorization of both items. 75 City of Palm Desert Authorize of Palm Desert Wave House Agreement Page 2 of 4 Parking Lot Use Agreement The proposed Parking Lot Use Lease Agreement grants Palm Desert Wave House, LLC, access to the parking area at 73750 Catalina Way, Palm Desert, CA 92260, as permitted under Article 5: Parking Area of the Cove Communities Senior Association Agreement. This agreement will be effective from November 14, 2024, to November 14, 2025. Following the initial term, the agreement will automatically renew on November 14 of each subsequent year for an additional one (1) year term, unless terminated earlier pursuant to Section 12, or otherwise extended in writing by the Parties. Parking Fees $250 per event for the east lot $500 per event for both east and south lots Annual increase of $25 Palm Desert Wave House will utilize the south and east parking lots after 5:00 PM as outlined in this Agreement. Additionally, the Licensee will provide the Joslyn Center with a minimum of one week’s notice prior to the commencement of any events . This agreement offers several benefits: Alignment with City goals: Supports Modernism Week, held from February 13-23, 2025, by enhancing cultural initiatives. Community engagement: Promotes the Joslyn Center as a historical site, fostering community pride and tourism. Revenue generation: Estimated revenue of $1,000 annually to support Joslyn Center operations without affecting regular business activities. The Joslyn Center is not responsible for parking area security; this responsibility falls to the Licensee, who must also maintain and repair the lot if damages occur during its use. The Joslyn Center shall coordinate with the Licensee to ensure compliance with any additional security measures required by the City. 76 City of Palm Desert Authorize of Palm Desert Wave House Agreement Page 3 of 4 Pickleball Court City Council approval is necessary to authorize court installation, as landlord consent is required for property improvements. The Joslyn Center requests authorization to proceed with both fundraising efforts and the construction of the court. Per the Cove Communities Senior Association Agreement, Article 6: Alterations, the Tenant cannot make major structural alterations withou t the Landlord's consent. The total project cost is estimated at $143,750, with $51,833.75 already raised through fundraising efforts. The Joslyn Center has begun preliminary fundraising efforts to ensure that the necessary resources are ready for the proposed pickleball court project, should it receive City Council approval. While the project has not yet been formally approved, the Joslyn Center, in collaboration with its staff, has worked to secure commitments from potential donors who have expressed interest in supporting the project. This proactive approach is intended to prepare the Joslyn Center to respond promptly to member requests and to avoid delays in funding if the proposal is approved, without committing any funds or initiating construction un til formal approval is granted. To proceed with the authorization and fundraising, it is also important to note that the Joslyn Center has been actively working with the City’s Development Services Department to finalize the court’s details. The Joslyn Center has provided the court's dimensions, plans for relocating landscaping, and information regarding the distance from neighboring properties. The authorization will include a deadline of June 30, 2026, for the Joslyn Center to raise the remaining funds required for the project. If the necessary funds are not secured within this timeframe, the City reserves the right to cancel the authorization. Upon successful fundraising, City staff will receive a detailed report on how the funds were utilized and the impact of the project. Once approvals are obtained, installation can occur within 12 weeks. 77 City of Palm Desert Authorize of Palm Desert Wave House Agreement Page 4 of 4 The Joslyn Center has launched a comprehensive fundraising strategy, which includes: Naming rights of each court Soliciting donations through the newsletter and journal Reaching out to potential sponsors This approach aims to engage local residents and secure the remaining $91,916.25 needed to complete the project. In addition, Joslyn Center staff will attend a fundraiser in November to further their efforts towards meeting the fundraising goal. Upon approval, the project will follow the City’s permit process, including outreach to neighbors to ensure community support. This initiative aims to enhance recreational opportunities while maintaining compliance with City regulations. FINANCIAL IMPACT: There is no financial impact to the City’s General Fund associated with this action ATTACHMENTS: 1. Parking Lot Use Agreement 2. Pickleball Court Bid 3. Pickleball Court Measurements 4. Joslyn Center Fundraising Memo 5. Joslyn Center Lease Agreement 6. Resolution Joslyn-Wave House 78 PARKING LOT USE AGREEMENT This Parking Lot Use Agreement (“Agreement”) is entered into as of November 14, 2024 (“Effective Date”) by and between the COVE COMMUNITIES SENIOR ASSOCIATION dba JOSLYN CENTER, a California nonprofit corporation ("Owner"), and PALM DESERT WAVE HOUSE, LLC, a California limited liability company ("Licensee"). Owner and Licensee are at times referred to herein individually as “Party” and collectively as “Parties.” RECITALS: A. Owner owns that certain real property located at 73750 Catalina Way, Palm Desert, CA 92260 (“Property”). B. Owner operates the JOSLYN CENTER, which is located near Licensee’s property. C. Licensee owns real property at 73697 Santa Rosa Way, Palm Desert, CA 92260, and conducts a variety of community events on this property, also known as the Desert Wave. D. Licensee has requested the right to use that certain portion of the Owner’s Property consisting of a parking lot (“Parking Area”). E. Owner recognizes that the Palm Desert Wave House and the events held there are beneficial to the Palm Desert community as a whole and that the revenue from rent for its parking spaces is beneficial to its operations. F. Owner is willing to permit Licensee to rent parking spaces in its Parking Area pursuant to the terms and conditions set forth in this Agreement. AGREEMENT: NOW THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein as though set forth in full, and in consideration of the mutual promises and covenants set forth in this agreement, the parties agree as follows: 1. Grant of License. Owner grants to the Licensee a limited, revocable, non-exclusive license (“License”) to use the Parking Area for the permitted uses specified in Section 2 during the Term. Licensee shall have no right to use any other portion of the Property unless otherwise stated in writing. 2. Uses. Licensee shall have the non-exclusive right to use the Parking Area for passenger vehicle parking during events at the Palm Desert Wave House (“Desert Wave”), including for Licensee’s employees, vendors and members of the public. The Parking Area shall not be used for overnight parking unless expressly authorized by Owner in writing. 3. Term. The term of this Agreement (“Term”) shall commence as of the Effective Date and shall continue until November 14, 2025. Following the expiration of this initial Term, the 79 agreement will automatically renew on November 14th of each subsequent year for an additional one (1) year term (a “Renewal Term”), unless terminated earlier pursuant to Section 12, or otherwise extended in writing by the Parties. 4. Limitations to Agreement. Licensee’s use of the Parking Lot shall not be exclusive. Owner shall have the right to use the parking lot for its own purposes, which shall take priority over the Licensee’s right of use. 4.1. Licensee shall request use of the Parking Lot, in writing, at least one (1) week in advance. The notice shall indicate the date and time of use and the number of spaces requested. 4.2. Licensee understands that the Owner uses its Parking Lot from 8AM-5PM Monday-Friday, and on a limited basis until 5 PM on weekends. Licensee understands that its requests for parking spaces during Owner’s business hours are subject to availability as determined solely by the Owner. 4.3. Owner agrees to make the Parking Lot available to the Licensee after 5PM and at other times when it is not needed for the Owner’s business operations. The Licensee shall use the Parking Lot solely for Palm Desert Wave House event parking. 5. Agreement Fee. It is mutually agreed that the Licensee or its authorized agent shall pay the Owner Two Hundred Fifty Dollars ($250.00) for east parking lot use only per event, and Five Hundred Dollars ($500.00) for both east and south parking lot use per event. 5.1. The Owner shall be paid at least 48 hours before the date of the rental based on the lot or lots requested. 5.2. The lot fee will increase $25 annually upon each renewal of this Agreement. 6. Security. Owner shall have no obligation to provide security (including, but not limited to, lighting) for the Parking Area. Any security for the Parking Area shall be the sole responsibility of Licensee at Licensee’s sole cost and expense. 7. Owner Obligations. Owner shall provide the Parking area fully paved, striped, and otherwise ready for use as a parking lot on the Effective Date. 8. Licensee Obligations. 8.1. Limit Use. Licensee shall ensure that the Parking Area is used only for Palm Desert Wave House events, and that no vehicles are left in the lot overnight. Furthermore, Licensee agrees that in the event that a vehicle is left in the Parking Area overnight, Owner may request that the vehicle be towed pursuant to Section 8.7 of this Agreement, or have the vehicle towed and removed from Owner’s lot at the vehicle owner’s expense. Owner may utilize the Parking Area at any time consistent with this Agreement. 8.2. Notice of Use. Licensee shall ensure the Owner is provided with one (1) week notice prior to all scheduled events that require parking use. See Section 4. 8.3. No Alterations. Licensee shall not make any alterations in or to the Parking Area without the prior written consent of the Owner. 8.4. Damage. During the Term, Licensee shall be responsible to repair any damage to the Parking Area arising solely from or connected to Licensee’s use of the Parking Area. 80 8.5. No Nuisance or Waste. Licensee shall not commit, suffer, or permit any nuisance or waste, environmental waste, damage, or destruction to occur in or about the Parking Area and shall not permit the use of the Parking Area for any illegal or immoral purpose. During the Term Licensee shall comply with all federal, state, and local laws, regulations, and ordinances and the terms of this Agreement concerning the Parking Lot and use of the Parking Lot. 8.6. No Repair on Vehicles. Licensee shall not permit any vehicle to be subject to repair and maintenance in the Parking Area. 8.7. Towing. Licensee shall be responsible for towing any vehicles which are parked in the Parking Area without Licensee’s consent or authorization. 9. Owner’s Right to Inspect. Owner, through its employees or agents, shall have the right to enter upon the Parking Area at all reasonable times during the Term of this Agreement for the purpose of inspecting the same and making such repairs as Owner may deem desirable, upon providing Licensee with reasonable advance notice, whenever practicable. 10. Assignment and Subletting. Licensee may not assign its rights under this Agreement in whole or in part, nor sublet the Parking Area or any portion of the Parking Area to any party without the prior written consent of Owner; provided Licensee shall have the right to assign or sublet (without Owner’s consent) to an affiliated entity of Licensee or any successor in-interest by way of acquisition, merger or similar event. Notwithstanding the foregoing, Licensee may charge its employees for use of a parking space in the Parking Area. 11. Covenants Against Discrimination. Licensee covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. 12. Indemnification. To the fullest extent permitted by law, Licensee shall defend, indemnify and hold Owner, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Licensee or anyone it allows to use the Parking Area in connection with this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. 13. Termination. This License may be terminated by either Party, with or without cause, by providing written notice of termination to the other Party at least thirty (30) days before the last agreed upon rental. Such termination will be effective thirty (30) days after such notice is received or last agreed upon rental has concluded. 14. Duties upon Termination. Upon termination of this Agreement, Licensee, at its sole expense, shall be solely responsible to perform the following: 14.1. Licensee shall clean and restore the Parking Area to a condition similar to that existing prior to the Effective Date, subject to reasonable wear and tear. 81 14.2. Remove all personal property on the Parking Area including, but not limited to, removal of all vehicles. 14.3. Should Licensee fail to vacate the Parking Area in a clean and undamaged condition and remove all personal property, Owner may arrange for the cleaning and/or repair of the Parking Area and the removal of personal property, the cost of which will be immediately reimbursed by Licensee. 14.4. The Parties’ obligations under Section 9 (and all general provisions of this Agreement) shall survive termination of this Agreement. 15. Notices. All notices required or permitted under this Agreement shall be in writing and shall be served on the Parties at the addresses set forth below. Any such notices shall, unless otherwise provided herein, be given or served (i) by depositing the same in the United States mail, postage paid, certified, and addressed to the party to be notified, with return receipt requested, (ii) by overnight delivery using a nationally recognized overnight courier, or (iii) by personal delivery. Except for documents that require original signatures, documents pertaining to this Agreement, including annual renewals (section 3) rent increase notices (section 3) and Licensee’s Requests to use the Parking Lot (section 4) may be signed electronically and delivered by email. Notices deposited in the mail in the manner hereinabove described shall be effective upon receipt or rejection of such notice. A Party’s address may be changed by written notice to the other Party. To Licensee: Palm Desert Wave House LLC. ℅ Stayner Architects, 4362 Melrose Avenue, Los Angeles, CA 90029 Email: Inquiries@the-desert-wave.com With a Copy to: Gilbert A. Stayner 3908 Dixie Canyon Avenue Sherman Oaks, CA 91423 Email: Inquiries@the-desert-wave.com To Owner: Cove Community Senior Association dba-Joslyn Center 73750 Catalina way Palm Desert, CA 92260 Attn: Dr. Jay Seller, Executive Director Email: jays@joslyncenter.org With a Copy to: City of Palm Desert Attn: City Manager’s Office 73-750 Fred Waring Dr. Palm Desert, Ca 92260 82 16. General Provisions. 16.1. Attorneys’ Fees. In any action between the Parties hereto, seeking enforcement of any of the terms and provisions of this Agreement, or in connection with the Parking Area, the prevailing party in such action shall be entitled to have and to recover from the other party its reasonable attorneys' fees and other reasonable expenses in connection with such action or proceeding, in addition to its recoverable court costs. 16.2. Governing Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California with regard to conflicts of laws principles or rules. Any legal action to interpret or enforce any term or conditions of this Agreement shall be brought in the Superior Court of California or the County of Riverside. 16.3. No Waiver. No delay or omission by either Party in exercising any right or power accruing upon the compliance or failure of performance by the other Party under the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either Party of a breach of any of the covenants, conditions or agreements hereof to be performed by the other Party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions hereof. 16.4. Modifications and Amendment. In order to be effective, any modification or amendment of this Agreement shall be made by written instrument or endorsement thereon and in each such instance executed on behalf of both Parties. 16.5. Severability. If any term, provision, condition or covenant of this Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument, or the application of such term, provisions, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 16.6. Final Agreement. This Agreement contains the entire understanding and agreement of the Parties with respect to the subject matter of this Agreement and all prior or contemporaneous agreements, understandings, representations and statements shall be of no force or effect. 16.7. Construction. This Agreement shall be construed according to its fair meaning as if prepared by all Parties to this Agreement. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. 16.8. Execution in Counterparts. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on all Parties hereto, notwithstanding that all Parties are not signatories to the original or the same counterpart. 16.9. Non-Liability of Officials or Employees. No officer, official or employee of 83 Owner shall be personally liable for any obligations under the terms of this Agreement. 17. Insurance Requirements: The Licensee, and/or its Agents or Vendors at its sole cost and expense, shall purchase, maintain and keep in force during the term of this Agreement the following insurance issued by underwriters “admitted” by the California Commission and rated “A” or “B’ by Best Key Rating Guide: 17.1. Certificate Of Workers’ Compensation Insurance as required by the statutory laws of the State labor code. 17.2. Certificate of General Liability Insurance with accompanying “Additional Insured” and “Waiver of Subrogation” endorsement documents. All endorsements shall clearly state the policy number. 17.3. Commercial General Liability policies shall include endorsements naming the Joslyn Center, its Officers, Agents, Members, volunteers and Employees as additional insured. Endorsements for General Liability shall state that the Licensee’s/Agents/Vendors’ insurance is “primary” and that the Owner is “non-contributory.” Or, copies of the complete policy which states the equivalent may be submitted in their entirety. 17.4. Minimum Requirements-General Liability Insurance: One million dollars ($1,000,000) each occurrence (combined single limit) One million dollars ($1,000,000) for personal injury liability Two million dollars ($2,000,000) in the aggregate 18. Entire Agreement and Amendment: The Agreement, including all exhibits and referenced documents, constitutes the entire Agreement of the parties with respect to the matters contained herein. No modification of or amendments to the agreement shall be effective unless such modification or amendment is in writing and signed by both parties hereto. Any prior agreements or representations, either written or oral, relating to the subject matter of the Agreement, are of no force or effect. [Signature Page on the Following Page] 84 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date: OWNER: Cove Community Senior Association, dba Joslyn Center By: LICENSEE: Palm Desert Wave House, LLC By: 85 86 87 88 Pickleball Court Measurements Current space 89 90 Pickleball Campaign The Joslyn Center 73750 Catalina Way Palm Desert, CA 92260 Pickleball Campaign We are planning the addition of three outdoor pickleball courts to accommodate the growing popularity of the sport among our members. Currently, our indoor court in the auditorium sees high demand, with more than 20 to 30 members frequently waiting to play as only four players can be on the court at a time. We anticipate that these new courts will not only meet this demand but also attract new members, offering the opportunity to join a "pickleball club" for just a $30 annual membership. Key highlights of the fund raising campaign include: •Naming rights are available for each of the three courts with one already pledged by a board member for $45k. •We have surplus reserve funds available to start the project, which will be replenished through sponsorship contributions. •Sponsor recognition will be featured on court fencing, our website, member magazine, pickleball collateral, press releases, and more. •A grassroots campaign among pickleball players has raised $6,833.75. •Future revenue streams include pickleball tournament fees and court rentals, like our rental of the Arthur Newman Theatre. •In addition, we are currently scheduling meetings with local foundations to explore potential grant support for the project. Total cost of courts: $143,750 Total Funds raised: $51,833.75 91 92 CONTRACT NO. C36520 LEASE AGREEMENT 73750 CATALINA WAY, PALM DESERT, CA (APN 627-111-028) THIS LEASE ("Lease") is made and entered into by and between the City of Palm Desert, a California charter city, ("Landlord"), and the Cove Communities Senior Association, a non-profit corporation dba The Joslyn Center ("Tenant") dated November 16, 2017. Landlord and Tenant are sometimes referred to individually as "Party" and collectively as "Parties." RECITALS WHEREAS, on May 5, 1982, Landlord and Tenant's predecessor, Palm Desert Seniors Association, entered into an agreement to lease the unimproved land located at the northwest corner of Catalina Way and San Pascual Avenue in the City of Palm Desert, California 92260 ("City"), as legally described in Exhibit "A" ("Land") and, WHEREAS, over the past thirty years, Tenant has occupied the Land and constructed various improvements on it, including buildi�gs, and now owns the Joslyn Center buildings on the Land ("Center"), as shown in the'Sifo Plan as Exhibit "B"; and, WHEREAS, Landlord desires to lease the Land to Tenant and Tenant desires to hire the Land from Landlord. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties hereto agree as follows: ARTICLE 1 LAND Landlord, subject to the terms hereafter set forth, shall lease to Tenant the Land, as legally described in Exhibit "A," which is attached hereto and incorporated herewith. The Land includes the land under the Center, the Grounds, and the Parking Area as shown on the Site Plan in Exhibit "B," which is attached hereto and incorporated herewith. The Grounds include all common areas and landscaped areas on the Land that are used by the Center, their employees, agents, customers, volunteers, visitors, and other invitees. The Parking Area includes all parking spaces, parking areas, driveways and sidewalks. 93 94 95 96 97 98 99 100 101 102 103 104 105 106 RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE PALM DESERT WAVE HOUSE AGREEMENT FOR THE USE OF THE JOSLYN CENTER PARKING LOT AND THE CONSTRUCTION OF A PICKLEBALL COURT WHEREAS, the City of Palm Desert entered into a 20-year land lease agreement on November 16, 2017, with the Cove Communities Senior Association for the Joslyn Center, located at 73750 Catalina Way, Palm Desert, California, covering the center, its grounds, and the parking area; and WHEREAS, present facts and historical information as to why the City Council will make the findings; and WHEREAS, Palm Desert Wave House, LLC, has requested permission to use the Joslyn Center parking lot during non-business hours for events, including those held during Modernism Week; and WHEREAS, the Cove Communities Senior Association has proposed the construction of a pickleball court on the Joslyn Center site to meet the increased demand for recreational opportunities by the center’s members; and WHEREAS, the City of Palm Desert seeks to promote cultural, recreational, and economic initiatives through partnerships such as the one with Palm Desert Wave House, LLC, and the Joslyn Center; and WHEREAS, the Parking Lot Use Agreement outlines parking fees, maintenance responsibilities, and terms aligned with the City’s goals of enhancing community engagement, historical preservation, and revenue generation; and WHEREAS, the pickleball court project, estimated at $143,750, will rely on fundraising efforts until June 30, 2026, as stipulated by the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. THE CITY COUNCIL HEREBY AUTHORIZES THE PARKING LOT USE AGREEMENT BETWEEN PALM DESERT WAVE HOUSE, LLC, AND THE COVE COMMUNITIES SENIOR ASSOCIATION, ALLOWING THE USE OF THE JOSLYN CENTER PARKING LOT UNDER THE TERMS SPECIFIED IN THE AGREEMENT. SECTION 2. THE CITY COUNCIL AUTHORIZES THE PARKING LOT USE AGREEMENT BETWEEN PALM DESERT WAVE HOUSE, LLC, AND THE COVE COMMUNITIES SENIOR ASSOCIATION, ALLOWING THE USE OF THE JOSLYN CENTER PARKING LOT AS PER THE AGREEMENT’S TERMS. SECTION 3. THE CITY COUNCIL AUTHORIZES THE CONSTRUCTION OF A PICKLEBALL COURT AT THE JOSLYN CENTER, CONTINGENT UPON THE SUCCESSFUL COMPLETION OF FUNDRAISING EFFORTS BY JUNE 30, 2026. SHOULD THE REQUIRED FUNDS NOT BE RAISED WITHIN THIS TIMEFRAME, THE CITY RESERVES THE RIGHT TO RESCIND THE AUTHORIZATION. 107 SECTION 4. THE CITY ATTORNEY IS AUTHORIZED TO MAKE NON- MONETARY MODIFICATIONS TO THE PARKING LOT USE AGREEMENT AS NECESSARY. SECTION 5. UPON APPROVAL, THE CITY AND THE JOSLYN CENTER WILL CONDUCT PUBLIC OUTREACH TO NEIGHBORING PROPERTIES TO GATHER COMMUNITY INPUT BEFORE PROCEEDING WITH CONSTRUCTION. ADOPTED ON , 2024. ATTEST: KARINA QUINTANILLA MAYOR ANTHONY J. MEJIA CITY CLERK 108 Resolution No. 2024 _______________________________________________ Page 2 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024- is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on , 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 109 110 Page 1 of 2 PALM DESERT HOUSING AUTHORITY STAFF REPORT MEETING DATE: November 14, 2024 PREPARED BY: Celina Cabrera, Management Analyst SUBJECT: AWARD CONSTRUCTION SERVICES AGREEMENT WITH MOHAWK COMMERCIAL, INC., FOR FLOOR COVERINGS AT PALM DESERT HOUSING AUTHORITY PROPERTIES RECOMMENDATION: 1. Authorize the use of Mohawk Commercial, Inc., an Omnia Partners (“Omnia”) national government cooperative contract holder for flooring and outdoor surfaces solutions, contract 2020002149, at the Palm Desert Housing Authority pursuant to Section 3.30.160(E) of the Palm Desert Municipal Code. 2. Award a Short-Form Construction Contract with Mohawk Commercial, Inc., for procurement and installation of floor coverings and related supplies and services at the Authority’s properties for a term of one (1) year, with an option to renew for up to four additional one- year terms, in an annual amount not to exceed $175,000 annually. 3. Authorize the Executive Director to execute the agreement, take any necessary actions to facilitate execution of agreement with Mohawk Commercial, Inc., and execute any documents necessary to effectuate the actions taken herewith. BACKGROUND/ANALYSIS: On average, Palm Desert Housing Authority (“Authority”) replaces damaged, deteriorated, or inefficient flooring in approximately 20% of its total units annually. Flooring products typically replaced include vinyl, carpet, carpet tile, tile, underlayment, padding, adhesives, and more. Mohawk Commercial, Inc., is a national government cooperative contract holder with Omnia, offering floor coverings and related supplies at the government cooperative rate. Omnia satisfies the City’s bidding requirements pursuant to Section 3.30.160(E) of the Palm Desert Municipal Code, which allows for exceptions to the procurement process when a competitive bid has been conducted by another public agency. A copy of the Omnia contract number 2020002149 is available in the City Clerk’s office. The Authority is currently under contract with Sid’s Carpet Barn, Inc., for these same services. Adding Mohawk Commercial will provide additional flexibility and improve efficiencies in addressing flooring needs as they arise at the Authority’s properties. Legal Review: This report has been reviewed by the City Attorney’s Office. 111 Palm Desert Housing Authority Mohawk Commercial, Inc. for Palm Desert Housing Authority Flooring Page 2 of 2 Appointed Body Recommendation: The Housing Commission will review this recommendation at its regular meeting on November 13, 2024. Upon request, a verbal report will be provided at the Au thority’s regular meeting on November 14, 2024. FINANCIAL IMPACT: Funds for this agreement are included in the Housing Authority’s Fiscal Year 2024-25 Annual Budget, allocated across the appropriate Authority accounts for each propert y. This action will have no financial impact to the General Fund. ATTACHMENTS: 1. Omnia Partners Participation Letter- Mohawk Commercial, Inc. 2. Draft Agreement 3. Draft Bonds 112 5001 Aspen Grove, Franklin, TN 37067 October 3rd, 2024 To Whom It May Concern: Palm Desert Housing Authority submitted a participation form and was accepted as a member of OMNIA Partners on September 26th, 2012. The OMNIA Partners Participation Number assigned to the Palm Desert Housing Authority is: 4001732. Palm Desert Housing Authority is currently participating in OMNIA Partners Contracts with Lowes Home Centers, Inc., Home Depot U.S.A., Inc., HD Supply Facilities Maintenance, Sherwin- Williams, The Garland Company, Inc., Waxie Sanitary Supply, Quill Corporation. Palm Desert Housing Authority has requested access to utilize Mohawk Carpet Distribution, L.P. contract number 2020002149 Systemwide Flooring. Palm Desert Housing Authority has been granted access to utilize Mohawk Carpet Distribution, L.P. Contract 2020002149, pending their board approval. Your dedicated Member Development Manager is Caitlin Nee. Caitlin may be reached at 615-639-1651, or at caitlin.nee@omniapartners.com. Thank you for your participation with OMNIA Partners. Sincerely, Bishop Theroff Manager, Member Services 113 114 Contract No. ___________ 1 PALM DESERT HOUSING AUTHORITY SHORT FORM CONSTRUCTION CONTRACT 1. Parties and Date. This Agreement is made and entered into this 14th day of November, 2024, by and between the Palm Desert Housing Authority, 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, (“Authority”) and Mohawk Commercial, Inc., a Delaware Corporation, with its principal place of business at 160 S. Industrial Blvd ("Vendor"). The Authority and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Recitals. 2.1 Authority. Authority is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose. 2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the Authority on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing Procurement and Installation of Floor Coverings and Related Supplies, Equipment and Services related construction services to public clients, that it and its employees or 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 Authority. 2.3 Project. The Authority is a public agency of the State of California and is in need of services for the following project: Procurement and Installation of Floor Coverings and Related Supplies, Equipment and Services Project (hereinafter referred to as “the Project”). 2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, Performance and Payment Bonds as required by the Contract. 3. Terms. 3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications, and documents therein, and attachments and addenda thereto: • Services/Schedule (Exhibit “A”) • Plans and Specifications (Exhibit “B”) • Special Conditions (Exhibit “C”) • Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”) 3.1.1 Precedence. To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, 115 Contract No. ___________ 2 scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor. 3.1.2 Term. The term of this Agreement shall be from October 1, 2024, to June 30, 2025, unless earlier terminated as provided herein. The Authority shall have the unilateral option, at its sole discretion, to renew this Agreement for no more than four 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 Service. 3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the Authority all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference. 3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the Authority (“Change Order”). 3.2.1.1 Change Orders. Changes to the Contract Time (as defined in Section 3.3) or Total Contract Price shall be in the form of a written Change Order, either signed or otherwise agreed to by both parties in writing. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the Authority for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, mark-ups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Nothing herein shall prevent the Parties from agreeing to a lump sum cost. (A) Changes Ordered By Authority. Authority may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined 116 Contract No. ___________ 3 within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined. (B) Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined. 3.2.2 Substitutions/”Or Equal”. Pursuant to Public Contract Code section 3400(b), the Authority may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal”. Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the Authority may have adopted certain uniform standards for certain materials, processes, and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process, or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process, or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor. The Authority has the complete and sole discretion to determine if a material, process, or article is an “or equal” material, process or article that may be substituted. Data require d to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process, or article. Failure to submit all the required substantiating data, including the signed affidavit, to the Authority in a timely fashion will result in the rejection of the proposed substitution. Contractor shall bear all of the Authority’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process, or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400. 3.3 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract within an agreed upon time period for the Work 117 Contract No. ___________ 4 and subject to standard manufacturing lead times, beginning the effective date of the work order approval (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the Authority and agreed to by Contractor. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the Authority will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Authority as fixed and liquidated damages the sum of Five Hundred Dollars ($500.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule, or Project milestones established pursuant to the Contract. 3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by competent workmen in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work 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 Work, including a Authority Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. Contractor shall perform, at its own cost and expense and without reimbursement from the Authority, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the Authority to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the Authority, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work. 3.5 Control and Payment of Subordinates; Contractual Relationship. Authority retains Contractor on an independent contractor basis and Contractor is not an employee of Authority. Any additional personnel performing the work governed by this Contract on behalf of Contractor 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 under this Contract 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, and workers’ compensation insurance. 3.6 Authority’s Basic Obligation. Authority agrees to engage and does hereby engage Contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the Authority shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below-referenced compensation in accordance with compensation provisions set forth in the Contract. 118 Contract No. ___________ 5 3.7 Compensation and Payment. 3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, Authority agrees to pay Contractor the Total Contract Price One Hundred Seventy Five Thousand and 00/100 Dollars ($175,000.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written Change Orders approved and signed in advance by the Authority. 3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, Authority will arrange for payment of the Total Contract Price upon completion and approval by Authority of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, Authority will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the Authority an itemized application for payment in the format supplied by the Authority indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the Authority may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the Authority and in such detail and form as the Authority shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments. Contractor shall submit its final invoice to Authority within thirty (30) days from the last date of the Work or termination in accordance with this Contract and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment. 3.7.3 Prompt Payment. Authority shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. No progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers, or others. 3.7.4 Contract Retentions. NOT APPLICABLE 3.7.5 Other Retentions. In addition to Contract retentions, the Authority may deduct from each progress payment an amount necessary to protect Authority from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the Authority in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the Contract Time; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by Authority during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the Authority, incurred by the Authority for which Contractor is liable under the Contract; and (11) any other sums which the Authority is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the Authority to deduct any of these sums from a progress payment shall not constitute a waiver of the Authority’s right to such sums. 119 Contract No. ___________ 6 3.7.6 Substitutions for Contract Retentions. NOT APPLICABLE 3.7.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract. 3.7.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the Authority at the time of payment. To the extent that title has not previously been vested in the Authority by reason of payments, full title shall pass to the Authority at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free, and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the Authority, nor relieve Contractor from the responsibility to strictly comply with the Contract and shall not relieve Contractor of responsibility for any loss of or damage to items. 3.7.9 Labor and Material Releases. Contractor shall furnish Authority with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by Authority. 3.8 Labor 3.8.1 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. Since the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor agrees to fully comply with such Prevailing Wage Laws. Authority shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. 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 Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify, and hold the Authority and their respective officers, agents, 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. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates. 3.8.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is 120 Contract No. ___________ 7 determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law. 3.8.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1- 1/2) times the basic rate for that worker. 3.8.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to Authority, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the DIR on a week ly basis and in the format prescribed by the DIR, which may include electronic submission. 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. 3.8.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. 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. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. 121 Contract No. ___________ 8 3.8.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, 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 subject to any applicable liquidated damages and shall not be compensable by the Authority. Contractor shall defend, indemnify, and hold the Authority and their respective officers, agents, 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. 3.9 Performance of Work; Jobsite Obligations. 3.9.1 Water Quality Management and Compliance. 3.9.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work 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); local 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. 3.9.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area, or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing, and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site. 3.9.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage Authority, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs. 122 Contract No. ___________ 9 3.9.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom. 3.9.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify, and hold harmless the Authority and their respective directors, officers, agents, employees, volunteers, and representatives for any alleged violations. In addition, Authority may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or rela ted to Contractor’s failure to comply with the Permit. 3.9.1.6 Reservation of Right to Defend. Authority reserves the right to defend any enforcement action brought against the Authority for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the Authority for the costs (including the Authority’s attorney’s fees) associated with, any settlement reached between the Authority and the relevant enforcement entity. 3.9.1.7 Training. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.9.1. Contractor further warrants that it, its employees, and subcontractors will receive adequate training, as determined by Authority, regarding the requirements of the laws, regulations and policies described in paragraph 3.9.1 as they may relate to the Work provided under this Contract. Upon request, Authority will provide the Contractor with a list of training programs that meet the requirements of this paragraph. 3.9.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, 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 as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site. 3.9.3 Laws and Regulations. 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 Contract or the Work, including all Cal/OSHA requirements, and shall give 123 Contract No. ___________ 10 all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule, or regulation, it shall promptly notify the Authority in wr iting. Any necessary changes shall be made by written Change Order. If Contractor performs any work knowing it to be contrary to such laws, rules, and regulations and without giving written notice to the Authority, Contractor shall be solely responsible for all costs arising therefrom. Authority 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 Contract to the same extent as though set forth herein and will be complied with. 3.9.4 Permits and Licenses. Contractor shall be responsible for securing Authority permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any Authority permits, Contractor shall pay the Authority’s business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project. 3.9.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for Authority’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, t he plan shall be prepared by a registered civil or structural engineer. 3.9.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify Authority of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by Authority; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, Authority shall promptly investigate the conditions to determine whether a Change Order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute. 3.9.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, Authority shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of Authority to provide for rem oval or relocation of such utility facilities. 3.9.8 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 124 Contract No. ___________ 11 (CARB). Although CARB limits and requirements are broader, Contractor shall specifically be aware of their application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify Authority 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 Contract. 3.9.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the Contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling. 3.9.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters. 3.9.11 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 Documents before commencing activities. Errors, inconsistencies, or omissions discovered shall be reported to the Authority immediately and prior to performing any work or altering the condition. 3.9.12 Removal of Waste and Debris. Contractor shall remove at its own expense all rubbish and waste materials resulting from its operations, including any material that may fall in swimming pools, lagoons, or other water features. If on private property, Contractor must obtain permission from the property owner prior to removing debris. All debris must be removed before the end of the day unless otherwise directed by Authority or Authority’s agent. 3.9.13 Notifications to Authority and Residents. The Contractor shall acknowledge that the Authority provides forty-eight (48) hours’ notice in advance of the start of any Work that is to occur at any residential unit. Contractor shall provide sufficient notice to the Authority before beginning any such Work so that the Authority may provide timely notice to residents. 3.9.14 Paths of Travel. Pedestrian paths of travel must be maintained free of obstructions and hazardous conditions, except where the condition is necessary for completion of the Work. To the extent any portion of the Work requires obstructing pedestrian paths of travel, the Work shall be performed so as to minimize the extent of the obstruction. Where Contractor’s operations may create hazardous conditions to pedestrian paths of travel, appropriate signing and barricades shall be installed to safely route pedestrians around the impacted area. The Authority shall be given at least 48-hours’ notice prior to the creation of any condition affecting pedestrian paths of travel. 3.10 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify Authority in writing and shall fu rnish all labor and material releases required by this Contract. Authority shall thereupon inspect the Work. If the Work is not acceptable to the Authority, the Authority shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request 125 Contract No. ___________ 12 a re-inspection by the Authority. Once the Work is acceptable to Authority, Authority shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which Authority may be authorized or directed by law to retain. 3.11 Claims; Government Code Claim Compliance. 3.11.1 Except as otherwise provided in this Contract, if any dispute shall arise between the Authority and Contractor regarding performance of the Work, or any alleged change in the Work, Contractor shall timely perform the disputed work and shall give written notice of a claim for additional compensation for the work to the Authority within three (3) days after commencement of the disputed work. Contractor’s failure to give written notice within the three (3)-day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed work and shall constitute a waiver of the right to further pursue the claim under the Contract or at law. 3.11.1.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with all applicable law, including but not limited to these statutes. 3.11.1.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor for: (A) An adjustment to the time for completion including, without limitation, for relief from damages or penalties for delay assessed by the Authority; (B) Payment by the Authority of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled; or (C) An amount the payment of which is disputed by the Authority. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a Change Order, or otherwise failed to follow any procedures contained in the Contract Documents. 3.11.1.3 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes any and all requirements of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than thirty (30) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the Authority and shall include on its first page the following words in 16 -point capital font: “THIS IS A CLAIM.” The Claim shall include all the information and documents necessary to substantiate the Claim, including but not limited to those identified below. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by Contract Documents. Failure to follow such contractual requirements shall bar any Claims or subsequent proceedings for compensation or payment thereon. 126 Contract No. ___________ 13 3.11.1.4 Supporting Documentation. The Contractor shall submit all claims in the following format: (A) Summary description of Claim including basis of entitlement, merit and amount of time or money requested, with specific reference to the Contract Document provisions pursuant to which the Claim is made (B) List of documents relating to claim: (1) Specifications (2) Drawings (3) Clarifications (Requests for Information) (4) Schedules (5) Other (C) Chronology of events and correspondence (D) Narrative analysis of claim merit (E) Analysis of Claim cost, including calculations and supporting documents (F) Time impact analysis in CPM format 3.11.1.5 Authority’s Response. Upon receipt of a Claim pursuant to this Section, the Authority shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the Authority issues its written statement. (A) If the Authority needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the Authority’s governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the Authority shall have up to three (3) days following the next duly publicly noticed meeting of the Authority’s governing body after the 45 -day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (B) Within 30 days of receipt of a Claim, the Authority may request in writing additional documentation supporting the Claim or relating to defenses or Claims the Authority may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the Authority and the Contractor. The Authority’s written response to the Claim, as further documented, shall be submitted to the Contractor within 30 days (if the Claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater. 3.11.1.6 Meet and Confer. If the Contractor disputes the Authority’s written response, or the Authority fails to respond within the time prescribed, the Contractor may so notify the Authority, in writing, either within 15 days of receipt of the Authority’s response or 127 Contract No. ___________ 14 within 15 days of the Authority’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the Authority shall schedule a meet and confer conference within 30 days for settlement of the dispute. 3.11.1.7 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the Authority shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the Authority issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the Authority and the Contractor sharing the associated costs equally. The public entity and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the parties agree to select a mediator at a later time. (A) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (B) For purposes of this Section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Section. (C) Unless otherwise agreed to by the Authority and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (D) The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation unless a new unrelated Claim arises after mediation is completed. 3.11.1.8 Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a Claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a Claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference. 3.11.1.9 Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less: (A) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. 128 Contract No. ___________ 15 The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. (B) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party. 3.11.1.10 Government Code Claim Procedures. (A) This Section does not apply to tort claims and nothing in this Section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code. (B) In addition to any and all requirements of the Contract Documents pertaining to notices of and requests for adjustment to the Contract Time, Contract Price, or compensation or payment for additional work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the Authority. (C) 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 adjustment of the Contract Time or Contract Price for additional work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If Contractor does not comply with the Government Code claim procedure or the prerequisite contractual requirements, Contractor may not file any action against the Authority. (D) A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to Contractor or that should reasonably by known to Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted. 3.11.1.11 Non-Waiver. The Authority’s failure to respond to a Claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the Claim being deemed rejected in its entirety and shall not constitute a waiver of any rights under this Section. 3.12 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties 129 Contract No. ___________ 16 which may arise or be encountered in the prosecution of the Work, except for exclusions listed in Contractor’s bid proposal, until the same is fully completed and accepted by Authority. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the Authority may terminate this Contract pursuant to the termination provisions provided herein; provided, however, that the Authority needs to provide Contractor with only one (1) day advanced written notice. 3.13 Indemnification. 3.13.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the Authority and their respective officers, agents, 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 Contractor’s services, the Project or this Contract, 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 Authority. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the Authority or the Authority’s agents, servants, or independent contractors who are directly responsible to the Authority, or for defects in design furnished by those persons. 3.13.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of Authority’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 Authority and their respective officers, agents, employees, volunteers and representatives. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the Authority and their respective officers, agents, employees, volunteers, and representatives as part of any such claim, suit, action, or other proceeding. Contractor shall also reimburse the Authority for the cost of any settlement paid by the Authority and their respective officers, agents, employees, volunteers, and representatives as part of any such claim, suit, action, or other proceeding. Such reimbursement shall include payment for Authority’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse the Authority and their respective officers, agents, 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 Contract, and shall not be restricted to insurance proceeds, if any, received by the Contractor, the Authority and their respective officers, agents, employees, volunteers and representatives. 3.14 Insurance. 3.14.1 Minimum Requirements. Without limiting Contractor’s indemnification of the Authority, 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 the Authority. 130 Contract No. ___________ 17 3.14.1.1 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, and a $2,000,000 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. 3.14.1.2 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. 3.14.1.3 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, automobile 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 in the event that 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; (D) Policies shall “follow form” to the underlying primary policies; and (E) Insureds under primary policies shall also be insureds under the umbrella or excess policies. 3.14.1.4 Workers’ Compensation Insurance. Contractor may 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 Authority, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the Authority and their respective officers, agents, employees, volunteers, and representatives. 3.14.1.5 Pollution Liability Insurance [Reserved] 3.14.1.6 Builder’s Risk Insurance. [RESERVED] 3.14.2 Other Provisions or Requirements 131 Contract No. ___________ 18 3.14.2.1 Proof of Insurance. Contractor shall provide certificates of insurance to Authority 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 Authority’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Authority at all times during the term of this contract. 3.14.2.2 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 Authority and their respective officers, agents, employees, volunteers, and representatives shall continue as additional insureds under such policies. 3.14.2.3 Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by Authority 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 Authority before the Authority’s own insurance or self insurance shall be called upon to protect it as a named insured. 3.14.2.4 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 Authority and their respective officers, agents, employees, volunteers, and representatives shall be included as additional insureds under the Products and Completed Operations coverage. 3.14.2.5 Authority’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, Authority has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by Authority will be promptly reimbursed by Contractor, or Authority will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, Authority may cancel this Contract. 3.14.2.6 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 Authority’s Risk Manager. 3.14.2.7 Waiver of Subrogation. All insurance coverage maintained or 132 Contract No. ___________ 19 procured pursuant to this agreement shall be endorsed to waive subrogation against the Authority and their respective officers, agents, 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 Authority and their respective officers, agents, employees, volunteers, and representatives and shall require similar written express waivers and insurance clauses from each of its subcontractors. 3.14.2.8 Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the Authority to inform Contractor of non-compliance with any requirement imposes no additional obligations on the Authority nor does it waive any rights hereunder. 3.14.2.9 Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a g iven 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. 3.14.2.10 Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide the Authority 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. 3.14.2.11 Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability policies shall provide or be endorsed to provide that the Authority and their respective officers, agents, employees, volunteers, and representatives 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. 3.14.2.12 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 Authority and approved of in writing. 3.14.2.13 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. 3.14.2.14 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 Authority for review. 133 Contract No. ___________ 20 3.14.2.15 Authority’s Right to Revise Requirements. The Authority 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 Authority and Contractor may renegotiate Contractor’s compensation. If the Authority reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. 3.14.2.16 Self-Insured Retentions. Any self-insured retentions are fully the responsibility of Contractor. 3.14.2.17 Timely Notice of Claims. Contractor shall give Authority 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. 3.14.2.18 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. 3.15 Bond Requirements. 3.15.1 Payment Bond. If required by law or otherwise specifically requested by Authority in Exhibit “C” and Exhibit “F” attached hereto and incorporated herein by reference, Contractor shall execute and provide to Authority concurrently with this Contract a Payment Bond in an amount required by the Authority and in a form provided or approved by the Authority. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the Authority. 3.15.2 Performance Bond. If specifically requested by Authority in Exhibit “C” and Exhibit “F” attached hereto and incorporated herein by reference, Contractor shall execute and provide to Authority concurrently with this Contract a Performance Bond in an amount required by the Authority and in a form provided or approved by the Authority. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the Authority. 3.15.3 Bond Provisions. Should, in the Authority’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from the Authority. 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 Authority, 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 Contract until any replacement bonds required by this Section are accepted by the Authority. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the Authority, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the Authority. If Contractor fails to furnish any required bond, the Authority may terminate the Contract for cause. 3.15.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer 134 Contract No. ___________ 21 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 Authority. 3.16 Warranty. Contractor warrants all Work under the Contract (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 in accordance with Contractor’s applicable written products and services warranties, which are hereby incorporated by reference. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or i n 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 Authority of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the Authority 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 Work 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-year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the Authority may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. 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 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 Authority, regardless of whether or not such warranties and guarantees have been transferred or assigned to the Authority by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the Authority. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, or to provide the same, comparable or higher quality products to resolve defective Work, to the reasonable satisfaction of the Authority, the Authority 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 Authority for any expenses incurred hereunder upon demand. 3.17 Employee/Labor Certifications. 3.17.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract. 3.17.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, 135 Contract No. ___________ 22 but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 3.17.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same. 3.18 General Provisions. 3.18.1 Authority’s Representative. The Authority hereby designates the Jessica Gonzales, Housing Manager, or his or her designee, to act as its representative for the performance of this Contract (“Authority’s Representative”). Authority’s Representative shall have the power to act on behalf of the Authority for all purposes under this Contract except for increasing the Total Contract Price. Contractor shall not accept direction or orders from any person other than the Authority’s Representative or his or her designee. 3.18.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications, and experience of its proposed representative who shall be subject to the review and approval of the Authority (“′Contractor’s Representative”). Following approval by the Authority, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the Authority, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the Authority, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the Authority’s written approval. 3.18.3 Termination. This Contract may be terminated by the Authority at any time, either with or without cause, by giving Contractor three (3) days advance written notice. In the event of termination by the Authority for any reason other than the fault of Contractor, the Authority shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, the Authority may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset the Authority’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, the Authority may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. If this Contract is terminated as provided, the Authority may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials, or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.18.4 Contract Interpretation. Should any question arise regarding the 136 Contract No. ___________ 23 meaning or import of any of the provisions of this Contract or written or oral instructions from the Authority, the matter shall be referred to the Authority’s Representative, whose decision shall be binding upon Contractor. 3.18.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the Authority all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the Authority tender final payment to Contractor, without further acknowledgment by the Parties. 3.18.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: Contractor: Mohawk Commercial, Inc. 160 S Industrial Blvd Calhoun, GA 30701 Attn: Brandi Purkey Authority: Palm Desert Housing Authority 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 ATTN: Jessica Gonzales, Housing Manager Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.18.7 Time of Essence. Time is of the essence in the performance of this Contract. 3.18.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of the Authority. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, Authority may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee. 3.18.9 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. 3.18.10 Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Riverside, State of California. 137 Contract No. ___________ 24 3.18.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original. 3.18.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract. 3.18.13 Solicitation. 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 Contract. 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 Contract. For breach or violation of this warranty, the Authority shall have the right to terminate this Contract without liability. 3.18.14 Conflict of Interest. 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 Contract. 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 Contract. For breach or violation of this warranty, the Authority shall have the right to rescind this Contract without liability. For the term of this Contract, no director, official, officer or employee of the Authority, during the term of his or her service with the Authority, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. 3.18.15 Certification of License. 3.18.15.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature. 3.18.15.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826. 3.18.16 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party. 3.18.17 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Contract may only be modified by a writing signed by both Parties. 3.18.18 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party unless such waiver is specifically specified in writing. 138 Contract No. ___________ 25 3.18.19 Authority’s Right to Employ Other Contractors. The Authority reserves right to employ other contractors in connection with this Project or other projects. 3.18.20 Federal Provisions. Reserved. [Signatures on Next Page] 139 Contract No. ___________ 26 SIGNATURE PAGE TO SHORT FORM CONSTRUCTION AGREEMENT BY AND BETWEEN THE PALM DESERT HOUSING AUTHORITY AND MOHAWK COMMERCIAL, INC. IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. PALM DESERT HOUSING AUTHORITY By: L. Todd Hileman Executive Director Attest: By: Anthony J. Mejia Secretary Approved as to form: By: Isra Shah Best Best & Krieger LLP Special Council CONTRACTOR By: Its: President______________________ Printed Name: Mike Gallman_____________ By: Its: VP Finance ____________________ Printed Name: Alex Munhoz_____________ _____________________ Contractor’s License Number and Classification ______________________ DIR Registration Number (if applicable) City Clerk QC: _____ Contracts QC: _____ Insurance: Initial Review _____ Final Approval ____ Bonds: _____ 140 Contract No. ___________ EXHIBIT “A” SERVICES / SCHEDULE This agreement includes and hereby incorporates in full by reference the Scope of Services as provided in the OMNIA Partners Purchasing Alliance Agreement for Flooring Products and Installation Services Contract No. 2020002149, with Mohawk Commercial, Inc., (“the Piggyback Contract”), and the respective Request for Proposal issued June 24, 2019, and any amendments thereof. 141 Contract No. ______________ EXHIBIT “B” PLANS AND SPECIFICATIONS This agreement includes and hereby incorporates in full by reference the Scope of Services as provided in the OMNIA Partners Purchasing Alliance Agreement for Flooring Products and Installation Services Contract No. 2020002149, with Mohawk Commercial, Inc., (“the Piggyback Contract”), and the respective Request for Proposal issued June 24, 2019, and any amendments thereof. 142 Contract No. ______________ EXHIBIT “C” SPECIAL CONDITIONS ARTICLE 1. BONDS Concurrently with this Contract, the Contractor shall deliver to the Authority four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the Authority and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Authority. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price. 143 EXHIBIT “D” CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract. Contractor By: _________________________ Signature _________________________ Name (Print) _________________________ Title (Print) 144 Contract No. ___________ Rev 10-19 72500.00001\32375220.1 Exhibit “E” PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/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. Contractor 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.1 Name of Contractor: _________________________________ DIR Registration Number: _____________________________ DIR Registration Expiration: ____________________________ Small Project Exemption: _____ Yes or _____ No Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges: 1. Contractor shall maintain a current DIR registration for the duration of the project. 2. Contractor 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. 3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive. Name of Contractor: ______________________________________ Signature: __________________________________________________ Name and Title: _________________________________________ Dated: ______________________________________________________ 1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” 145 146 EXHIBIT “F” PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the Palm Desert Housing Authority (hereinafter designated as the “Authority”), by action taken or a resolution passed November 14, 2024 has awarded to Mohawk Commercial, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows: Procurement and Installation of Floor Coverings and Related Supplies, Equipment and Services (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated November 14, 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 Authority in the penal sum of ___________________________ Dollars ($___________________) 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 Authority 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. 147 Contract No. ___________ Rev 10-19 72500.00001\32375220.1 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 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 Authority 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 FOLLOWING PAGE] 148 Contract No. ___________ Rev 10-19 72500.00001\32375220.1 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__). (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. (Attach Attorney-in-Fact Certificate) Title 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. 149 Contract No. ___________ Rev 10-19 72500.00001\32375220.1 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 150 Contract No. ___________ Rev 10-19 72500.00001\32375220.1 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 151 Contract No. ___________ Rev 10-19 72500.00001\32375220.1 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. PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the Palm Desert Housing Authority (hereinafter referred to as “Authority”) has awarded to Mohawk Commercial, Inc., (hereinafter referred to as the “Contractor”) an agreement for Procurement and Installation of Floor Coverings and Related Supplies (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated November 14, 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, ___________________________ 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 Authority in the sum of _______________________________ Dollars ($________________), 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 Authority, its officers and agents, 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 Authority, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the Authority 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 Authority’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 Authority to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the Authority’s option: 152 Contract No. ___________ Rev 10-19 72500.00001\32375220.1 (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or 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 Authority, 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 Authority under the Contract and any modification thereto, less any amount previously paid by the Authority to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the Authority 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 Authority under the Contract and any modification thereto, less any amount previously paid by the Authority to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the Authority 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 Authority, when declaring the Contractor in default, notifies Surety of the Authority’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 FOLLOWING PAGE] 153 Contract No. ___________ Rev 10-19 72500.00001\32375220.1 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__). (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. (Attach Attorney-in-Fact Certificate) Title 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. 154 Contract No. ___________ Rev 10-19 72500.00001\32375220.1 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 155 Contract No. ___________ Rev 10-19 72500.00001\32375220.1 NOTE: This acknowledgment is to be completed for Contractor/Principal. 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 156 Contract No. ___________ Rev 10-19 72500.00001\32375220.1 157 158 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: November 14, 2024 PREPARED BY: Kevin Swartz, Project Manager Randy Chavez, Deputy Director of Public Works SUBJECT: ACCEPT CONTRACT NO. C43860 WITH VECTOR RESOURCES, INC., FOR THE SECURITY CAMERA INSTALLATION AS COMPLETE, AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION (PROJECT NO. MFA00015) RECOMMENDATION: 1. Accept the Security Camera Installation Project as completed in accordance with the contract specifications. 2. Authorize the Mayor to execute and the City Clerk to file the Notice of Completion. BACKGROUND/ANALYSIS: On August 25, 2022, the City Council awarded Contract No. C43860 to Vector Resources, Inc., in the amount of $206,039.29, with an additional $20,000 contingency, for the installation of security cameras at City Hall, the Corporation Yard, and the Parkview Building. During the project, a change order of $19,936.47 was executed to cover the inst allation of additional data and cabling at the Parkview Building, utilizing the full contingency fund. The contractor completed the camera installation on April 24, 2024. However, staff continued working with the contractor to finalize the software program and complete training. On August 16, 2024, the software and training were confirmed as complete, and all work met the contract requirements. FINANCIAL IMPACT: There is no further financial impact associated with this action. ATTACHMENTS: 1. Notice of Completion 159 160 C:\Program Files\eSCRIBE\TEMP\16503773345\16503773345,,,01 Notice of Completion.docx To be recorded with the Riverside County Recorder on or within 15 days after completion and acceptance by the City Council. NO RECORDING FEE PER SECTION 6103 OF THE GOVERNMENT CODE. APN 000-000-000 R/W NOTICE OF COMPLETION (Cal. Civ. Code § 9200 et seq. – Public Works) NOTICE IS HEREBY GIVEN: 1. That the interest or estate stated in paragraph 3 herein in the real property herein described is SOLELY OWNED by the CITY OF PALM DESERT, A MUNICIPAL CORPORATION, a political subdivision of the State of California, and whose address is 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA, 92260. 2. That the full name and address of the owner of said interest or estate is set forth in the preceding paragraph. 3. That the nature of the title of the stated owner, as set forth in paragraph 1, is FEE. 4. That on the day of August 16, 2024, work of improvement described as Security Camera Installation Project, Project No. MFA00015 Contract No. C43860, on the real property herein described was completed. 5. That the name of the original contractor, if any, for said work of improvement was: Vector Resources, Inc. dba VectorUSA. 6. That the real property herein referred to is situated in the City of Palm Desert, County of Riverside, State of California, and is described as Palm Desert City Hall (73510 Fred Waring Drive, Palm Desert, CA 92260), The City Corporation Yard (74605 and 74705 42nd Avenue, Palm Desert, CA 92211), and Parkview Building (73710 Fred Waring Drive, Palm Desert, CA 92260). CITY OF PALM DESERT A MUNICIPAL CORPORATION Date: By: _____________________________ Karina Quintanilla, Mayor When recorded, return to: Office of the City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 VERIFICATION STATE OF CALIFORNIA } } ss COUNTY OF RIVERSIDE } On , 2024, before me, Anthony J. Mejia, City Clerk of the City of Palm Desert, personally appeared Karina Quintanilla, Mayor of the City of Palm Desert, a Municipal Corporation, and acknowledged to me that the City of Palm Desert executed the same. ______________________ Anthony J. Mejia, City Clerk Rev. February 2024 161 162 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: November 14, 2024 PREPARED BY: Thomas Soule, Public Affairs Manager SUBJECT: APPROVE OUT-OF-STATE TRAVEL FOR THE PUBLIC AFFAIRS MANAGER TO PROMOTE THE PALM DESERT FOOD AND WINE FESTIVAL RECOMMENDATION: Authorize out-of-state travel for the Public Affairs Manager to participate in a media event in New York City, New York, on January 21, 2025, promoting the Palm Desert Food & Wine Festival at the James Beard Platform in conjunction with Palm Springs Life and Visit Greater Palm Springs. BACKGROUND/ANALYSIS: Palm Springs Life has once again leveraged its relationship with the James Beard Foundation to host a dinner by prominent chefs from the Palm Desert area for key media representatives at the James Beard Platform in New York City to promote Palm Desert Food & Wine. Visit Greater Palm Springs supports this annual media dinner, which provides an excellent opportunity to gain national exposure for one of Palm Desert’s signature events. The media outlets that participated in last year’s dinner at the James Bear Platform included The Wall Street Journal, Fodor’s, Good Morning America, The Today Show, Lonely Planet, and the New York Post. The opportunity to have face-to-face interactions with these outlets and others is difficult to recreate in any other context without spending a great deal of time and money, making this an economical way to seek PR exposure and build awareness of the Palm Desert brand. Exposure to national media outlets can help boost awareness of the Palm Desert Food & Wine Festival, drawing potential tourists from around the country. Increased attendance would positively impact local businesses, generate additional revenue, and contribute to the local economy. Although the Palm Desert Food & Wine Festival is well represented at this event, because the dinner at the James Beard Platform is coordinated by Visit Greater Palm Springs, there's a natural emphasis on Greater Palm Springs rather than on Palm Desert specifically. Having a representative from the City in attendance ensures that Palm Desert is highlighted in conversations with the journalists in attendance as a tourism destination in and of itself. This also provides the opportunity to follow up with those journalists directly in the future. These media outlets are typically hard to reach, so personal contact at this event has a greater likelihood of leading to future coverage than the usual route of cold calling or emailing the same publications. 163 City of Palm Desert Public Affairs Manager Out-of-State Travel Page 2 of 2 Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There’s no cost for a City representative to attend the dinner, limiting the financial impact to travel costs. Funds in an amount not to exceed $1,500 are available for this purpose in Account No. 1104417-4312000. 164 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: November 14, 2024 PREPARED BY: Carlos Flores, AICP, Principal Planner SUBJECT: ADOPT RESOLUTION APPROVING FINAL TRACT MAP NO. 37506-3 AND AGREEMENTS RECOMMENDATION: 1. Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF FINAL TRACT MAP 37506-3.” Note: This item may be pulled from the agenda if the final attachments are not provided by Tuesday, November 12, 2024. BACKGROUND/ANALYSIS: On November 2017, the Palm Desert City Council adopted Ordinance No. 1312, approving the University Neighborhood Specific Plan (UNSP). This specific plan established the allowable density and development standards for a 400-acre area bound by Gerald Ford Drive to the north, Portola Avenue to the west, Cook Street to the east, and Frank Sinatra Drive to the South. On November 20, 2018, the Palm Desert Planning Commission (Commission) adopted Resolution No. 2745, approving Vesting Tentative Tract Map 37506 (VTTM 37506) for a 174 - acre, 1069-unit residential subdivision within the UNSP, generally known as University Park. This approval included a Master Precise Plan, which establishes standards and design guidelines for the tract, including minimum required lot standards, and established five (5) planning areas and public park locations, as shown in Figure 1. VTTM 37506 was approved as a phased map, with future Final Tract Maps to be approved by planning area. (Continued on following page) 165 City of Palm Desert Final Tract Map No. 37506-3 Page 2 of 3 Figure 1 – University Park Planning Areas On January 14, 2021, the City Council adopted Resolution No. 2021 -01, approving Final Tract Map 37506-1 for Planning Area 1 and approved an agreement for the exchange of real property for public parks within University Park. On September 15, 2022, City Council adopted Resolution No. 2022-79, approving Final Tract Map 37506-2 for Planning Area 3. Planning Area 2, a 40.4-acre portion of the 174-acre subdivision, includes 146 residential lots and 12 non-residential lots for a community park, open space, a retention basin, and a well site. On October 17, 2023, the Commission adopted Resolution No. 2846, which approved TTM23- 0004/VTTM 37506, Amendment No. 3 to revise pad elevations and adjust lot lines within Planning Area 2 of the University Park Subdivision. Final Tract Map 37506-3 (FTM 37506-3) is a proposal by Meritage Homes (Applicant) to finalize a phased portion of Tract Map 37506 for Planning Area 2. FTM 37506-3 meets the application requirements of the Subdivision Map Act and the City’s ordinances. FTM 37506-3 has been deemed technically correct by the City Engineer and the Conditions of Approval from Planning Commission Resolution Nos. 2745 and 2846 have been satisfied. University Park has approved and recorded Covenants, Conditions, and Restrictions (CC&Rs) for the Homeowner’s Association that documents the maintenance obligations of the development. The Applicant has submitted documentation to include Planning Area 3 within the existing CC&Rs and is working with City staff and the City Attorney’s office on any required CC&R amendments . FTM 37506-3 includes a total gross area of 36.4-acres and includes 146 residential lots, public streets, open space lots, and a well site within Planning Area 2. The Subdivision Improvement 166 City of Palm Desert Final Tract Map No. 37506-3 Page 3 of 3 Agreements and Grading Agreement with associated bonds were submitted by the applicant to guarantee the completion of construction of all improvements, both private and public. The public parks within Planning Area 2 are not a part of this Final Map and are established as legal lots. Construction of these parks are the obligation of the Applicant, and a Parks Improvement Agreement with associated bonds has been submitted as part of this approval. Lot R of Tract Map 37506-3 will be dedicated in fee for public purposes to the Coachella Valley Water District for well site purposes. City is to verify quit claim deed documents ar e recorded prior to recordation of this map. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no direct impact to the General Fund with this action. However, once the proposed public streets and parks are completed and accepted, their long -term maintenance will be the responsibility of the City of Palm Desert. ATTACHMENTS: 1. Resolution No. 2024- 2. Planning Commission Resolution No. 2745 3. Planning Commission Resolution No. 2846 4. Final Tract Map 37506-3 5. Grading Agreement 6. Grading Bonds 7. Subdivision Improvement Agreement 8. Subdivision Improvement Bonds 9. Parks Improvement Agreement 10. Parks Bond 167 168 RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP 37506-3. WHEREAS, Tract Map 37506-3 conforms to the requirements of the Subdivision Map Act and City Ordinances; and WHEREAS, the Final Subdivision Map of Tract Map 3 7506-3 has been approved by the City Engineer as a phased map and securities have been posted for this phase. Final Subdivision Map of Tract 37506-3 includes 146 single family residential lots, 9 lots for public streets, 10 lots for private open space, and 1 lot for a well site (36.396 acres); and WHEREAS, parks improvement agreements and securities have been provided for construction of public parks within Planning Area 2 of University Park; and WHEREAS, the Final Subdivision Map of Tract Map 37506-3, has met the Conditions of Approval for this project (Planning Commission Resolutions 2745 and 2846). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Final Subdivision Map of Parcel Map 37506-3, City of Palm Desert, California, is hereby approved as the official map of said tract, subject to the conditions of the Tentative Map. SECTION 3. The Director of Development Services is directed to process the Parcl Map for recording upon receipt of the required payment of all fees. SECTION 4. Effective Date. This Resolution shall take effect immediately upon this adoption. 169 Resolution No. 2024- Page 2 ADOPTED ON ________________________. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024- is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on __________________ by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ________________. ANTHONY J. MEJIA CITY CLERK 170 171 172 173 174 175 176 177 178 179 180 PLANNING COMMISSION RESOLUTION NO. 2846 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO VESTING TENTATIVE TRACT NO. 37506 FOR REVISIONS TO APPROVED BUILDING PAD ELEVATIONS AND PARCEL LINE BOUNDARIES WTHIN PLANNING AREA 2 OF THE UNIVERSITY PARK SUBDIVISION AND FINDING THE PROJECT IS CONSISTENT WITH THE UNIVERSITY NEIGHBORHOOD SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT CASE NO. TTM23-0004/VTTM AMENDMENT NO. 3 WHEREAS, University Park Investors, LLC ("Applicant"), submitted applications for an Environmental Assessment (EA) and Tentative Tract Map (TTM) to amend Vesting Tentative Tract Map 37506 by adjusting parcel boundaries within the map and building pad elevations; and WHERAS, on November 10, 2016, the City Council adopted Resolution No. 2016-86, which certified an Environmental Impact Report (EIR)for a comprehensive update to the Palm Desert General Plan and the University Neighborhood Specific Plan (UNSP); and WHEREAS, on November 20, 2018, the Planning Commission adopted Resolution No. 2745, approving the Vesting Tentative Tract Map 37506 and University Park Master Plan and adopting an addendum to the Palm Desert General Plan EIR; and WHEREAS, the Project site has a land use designation of Town Center Neighborhood in the Palm Desert General Plan adopted on November 10, 2016, and is within the UNSP; and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State California Environmental Quality Act (CEQA) Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) and the City of Palm Desert's ("City's") Local CEQA Guidelines, the City is the lead agency for the Project; and WHEREAS, pursuant to the requirements of the CEQA, the State Guidelines for Implementation of CEQA (State CEQA Guidelines), and the City of Palm Desert CEQA Implementation Requirements, the City of Palm Desert Development Services Department has determined that the Project substantially conforms with the previously prepared EIR Addendum approved for the Project as the amendment does not create additional lots or modify the boundary of the approved subdivision and conforms with all applicable requirements of the UNSP, and no further environmental review is necessary. WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of October 2023, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above-noted Project request; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request: 181 PLANNING COMMISSION RESOLUTION NO. 2846 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. Findings. In accordance with Palm Desert Municipal Code (PDMC) Section 26.20.100 the following findings are required in approving a proposed subdivision: 1. That the density of the proposed subdivision is consistent with the applicable General Plan and specific plans. In 2017, the City Council adopted an update to the General Plan and concurrently adopted the UNSP. Both plans identified approximately 400 acres of vacant land bounded by Gerald Ford Drive to the north, Portola Avenue to the west, Cook Street to the east, and Frank Sinatra to the south as a unique development opportunity that can capitalize on synergies between a mixed housing neighborhood with strong pedestrian and bicycle connectivity to California State University San Bernardino Palm Desert (CSUSBPD). As proposed, the Project provides eight (8) distinct housing product types, including alley-loaded homes, apartments, attached townhomes, and detached single-family homes connected by open space, sidewalks, and trails. The subdivision of the project areas proposes tree-lined public streets, open spaces, pedestrian and bicycle connectivity, and roadways designed for lower vehicle speeds and implements and fulfills the goals of the UNSP. The UNSP identified 2,618 dwelling units within the project area. The Project site, representing nearly one-half (%) of the UNSP project boundary, is subdivided to accommodate 1,069 dwelling units for a density of approximately six (6) dwelling units per acre. The density of the Project is consistent with the General Plan and UNSP designation for the Neighborhood Low designation, which allows four to eight (4-8) dwelling units per acre (see Pages 4-18 of the UNSP). The amendment to Vesting Tentative Tract Map 37506 (VTTM 37506) to adjust building pad elevation heights and lot line adjustments does not create additional lots; therefore, the density of the proposed subdivision remains consistent with the applicable General Plan and the UNSP. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The amendment to adjust building pad elevation heights and lot line adjustments to the VTTM 37506 were reviewed by all pertinent departments and agencies and concluded that it does not change the design and improvements of the tract map, which were previously reviewed by the Planning/Land Development Division, Fire Department, and Public Works Department for consistency with the General Plan, UNSP, and emergency services. Lot sizes, street and utility improvements, 2 I 182 PLANNING COMMISSION RESOLUTION NO. 2846 circulation patterns, and drainage improvements meet all requirements of the General Plan and the UNSP. All perimeter streets are in conformance with the General Plan and modifications to the surrounding roadways that will improve vehicle circulation in the vicinity. 3. That the site is physically suitable for this type of development. The4 .4- r portion of the 174+-acre site is suitable for the proposed0aceppP development. Environmental, cultural, traffic, and other special studies were prepared for the UNSP, and an addendum to the EIR was prepared to address the specifics of the Project. No environmental issues were identified that would indicate that development in this area would be unsuitable. In addition, existing residential and commercial developments in the vicinity have successfully constructed similar types of development, and no obstacles to the development of those surrounding subdivisions were experienced. The amendment to Vesting Tentative Tract Map 37506 to adjust building pad elevation heights and lot line adjustments remains consistent with the originally approved project; therefore, the site continues to be physically suitable for the development. 4. That the site is physically suitable for the proposed density of development. The Project site is surrounded by planned residential and commercial developments to the south, east, west, and north. As proposed, the site layout and distribution of residential densities at a rate of approximately six (6) dwelling units per acre are consistent with surrounding development and the UNSP. The amendment to VTTM 37506 to adjust building pad elevation heights and lot line adjustments does not affect the original density of the project; therefore, the density of the proposed subdivision remains physically suitable for the proposed density of the development. 5. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantial and unavoidable injury to fish or wildlife or their habitat. For purposes of the CEQA, an EIR was prepared and adopted by the City Council as part of the General Plan Update and UNSP. In addition, an addendum to the EIR has been prepared for the Project to address project-specific impacts that were not previously addressed by the EIR. The addendum to the EIR did not identify any new impacts created by the proposed Project. The design of the Project will not cause substantial environmental damage or injure fish or wildlife or their habitat since the surrounding area has been developed, with similar densities and limited wildlife is present at the site. Environmental studies performed at the site did not identify any endangered or sensitive species. In addition, the Project will pay into the Coachella Valley Multi-Species Habitat Conservation Fund for the development of raw land. The amendment to VTTM 37506 to adjust building pad elevation heights and lot line adjustments does not present a change that will impact the previously analyzed environmental assessments for this Project. 3 183 PLANNING COMMISSION RESOLUTION NO. 2846 6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. The design and layout of the tract map are in compliance with all grading, drainage, vehicle access, pedestrian, bicycle connectivity, and parking requirements. The property will be developed in accordance with the Uniform California Building Code. Grade changes and utility easements are accommodated by the buildings, street layout, and open space provided throughout the Project site. Pedestrian access is provided to adjoining land uses via sidewalks and other pedestrian walkways, and the distributed open space contributes to a healthy community and neighborhood. The amendment to VTTM 37506 to adjust building pad elevation heights and lot line adjustments does not substantially affect the design of the subdivision or the type of improvements that will cause a serious public health problem. 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The proposed Project will utilize and enhance existing drainage and utility distribution easements located within the Project site. Improvements related to drainage will be provided to ensure the Project area accommodates 100 percent of the 100-year storm. The surrounding perimeter City streets are built out to the General Plan designation, and the developer will make modifications to surrounding streets to accommodate Project access. Pedestrian connections and open space are provided throughout the Project area, and enhanced pedestrian trails are provided within the Project site. The amendment to VTTM 37506 to adjust building pad elevation heights and lot line adjustments does not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. SECTION 3. Project Approval. The Planning Commission hereby approves Case No(s) TTM23-0004/VTTM 37506 Amendment No. 3, subject to the findings and Conditions of Approval attached herein as Exhibit "A." SECTION 4. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City's office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Richard D. Cannone, AICP, the Secretary to the Palm Desert Planning Commission, is the custodian of the record of proceedings. SECTION 5. Execution of Resolution. The Chairperson of the Planning Commission signs this Resolution, and the Secretary to the Commission shall attest and certify the passage and adoption thereof. SECTION 6. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. 4 184 PLANNING COMMISSION RESOLUTION NO. 2846 ADOPTED ON October 17, 2023. JoeP" to;Oc!20..202111:10 PDT) JOSEPH PRADETTO CHAIRPERSON ATTEST: RICHARD D. CANNONE, AICP SECRETARY I, Richard D. Cannone. AICP, Secretary of the City of Palm Desert, hereby certify that Resolution No. is a full, true, and correct copy, and was duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on October 17, 2023, by the following vote: AYES: GREENWOOD, HOLT, and PRADETTO NOES: NONE ABSENT: GREGORY ABSTAIN: NONE RECUSED: DELUNA IN WITNESS WHEREOF, I have hereunto5pt my hand and affixed the official seal of the City of Palm Desert, California, on October; 2023. RICHARD D. CANNONE, AICP SECRETARY 5 185 PLANNING COMMISSION RESOLUTION NO. 2846 EXHIBIT A CONDITIONS OF APPROVAL CASE NO. TTM23-00041VTTM 37506 Amendment No. 3 PLANNING DIVISION: 1. The development of the property shall conform substantially with exhibits on file with the Development Services Department, except as modified by the following conditions. Any variation from the approved plans must be reviewed and approved by the Planning Division prior to the building permit issuance and may require review and approval by the Planning Commission and/or City Council. 2. The Applicant agrees that in the event of any administrative, legal, or equitable action instituted by a third party challenging the validity of any of the procedures leading to the adoption of these Project Approvals for the Project or the Project Approvals themselves, the Developer and City each shall have the right, in their sole discretion, to elect whether or not to defend such action. The Developer, at its sole expense, shall defend, indemnify, and hold harmless the City (including its agents, officers, and employees)from any such action, claim, or proceeding with counsel chosen by the City, subject to the Developer's approval of counsel, which shall not be unreasonably denied, and at the Developer's sole expense. If the City is aware of such an action or proceeding, it shall promptly notify the Developer and cooperate in the defense. The Developer, upon such notification, shall deposit with the City sufficient funds in the judgment of the City Finance Director to cover the expense of defending such action without any offset or claim against said deposit to assure that the City expends no City funds. If both Parties elect to defend, the Parties hereby agree to affirmatively cooperate in defending said action and to execute a joint defense and confidentiality agreement in order to share and protect the information under the joint defense privilege recognized under applicable law. As part of the cooperation in defending an action, City and Developer shall coordinate their defense in order to make the most efficient use of legal counsel and to share and protect information. The Developer and City shall each have sole discretion to terminate its defense at any time. The City shall not settle any third-party litigation of Project approvals without the Developer's consent, which consent shall not be unreasonably withheld, conditioned, or delayed unless the Developer materially breaches this indemnification requirement. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein, which are in addition to the approved development standards listed in the PDMC and state and federal statutes now in force, or which hereafter may be in force. 4. All conditions of Planning Commission Resolution No. 2745 shall remain in effect, except as modified by conditions herein. 6 186 PLANNING COMMISSION RESOLUTION NO. 2846 LAND DEVELOPMENT DIVISION/PUBLIC WORKS DEPARTMENT: 5. The following plan is hereby referenced: Revised VTTM 37506 (University Park Area 2), prepared by Michael Baker International and dated August 2023. 6. All conditions approved with Planning Case No. PP 18-0005 shall be valid and in effect unless superseded by these conditions of approval. 7. Revisions shown on the referenced exhibit shall supersede the lot configuration and building pad elevations contained on the approved VTTM 37506 (University Park Area 2) for applicable lots. 8. It is assumed that the easements shown on the referenced exhibit are shown correctly and include all the easements that encumber the subject property. A current preliminary title report and vesting deed for the site shall be submitted during the technical plan review. 9. The Applicant shall secure approval from all, if any, easement holders for all grading and improvements which are proposed over the respective easement or provide evidence that the easement has been relocated, quitclaimed, vacated, abandoned, easement holder cannot be found, or is otherwise of no effect. Should such approvals or alternate actions regarding the easements not be provided and approved by the City, the Applicant may be required to amend or revise the proposed site configuration as may be necessary. 10.After recordation, a digital (pdf) copy of the recorded map shall be submitted to the City. END OF CONDITIONS OF APPROVAL 7 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 PARKS IMPROVEMENT AGREEMENT DATE OF AGREEMENT: ________ , 20_ NAME OF SUBDIVIDER: Meritage Homes of California, Inc. (Referred to as "SUBDIVIDER"). NAME OF SUBDIVISION: Tract Map No. 37506-3 ----�------- No. of Lots: 145 residential lots, 12 no n-residential (Referred to as "SUBDIVISION") For complete legal description see Exhibit "B" a_ttached hereto. TENTATIVE MAP RE SOLUTION OF APPROVAL NO.: 2745 (Referred to as "Resolution of Approval") IMPROVEMENT PLANS APPROVED ON: TBD ------------- (TM No: 37506) (Referred to as Impr ovement Plans) ES TIMATED TOTAL COST OF IM PROVEMENT S: $1,617,319 SURETY: BO ND NOS: 024280699 -------------------- SURE TY: Liber ty Mutual Insurance Com pany -OR IRREVOCABLE STAND-BY LETTER OF CREDIT NO. FINANCIAL INSTITUTION: ------- ---------------- -OR - CASH/CERTIFICATE OF DEPOS IT, AGREEMENT DATED: ____ _ FINANCIAL INSTITUTION: ----------- 223 This Agreement is made and entered into by and between the City of Palm Desert, a municipal corporation of the State of California, he reinafter referred to as "CITY'', and the SUBDIVIDER. RE CITALS A.SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed SUBDIVISION pursuant to provisions of the Subdivision Map Act of the State of California and the CITY's ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY's ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws." B.A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference. C.The Subdivision Laws establish as a condition precedent to the approval of a final map that SUBDIVIDER must have complied with the Resolution of Approval and must have either (a) completed, in compliance with CITY standards, all of the improvements and land development work required by the Subdivision Laws or the Resolution of Approval or (b) have entered into a secured agreement with CITY to complete the improvements and land development within a period of time specified by CITY. The public improvement work (excluding park improvements and grading) required by the Resolution of Approval and the Subdivision Laws is subject to a separate secured agreement between SUBDIVIDER and CITY (i.e., Subdivision Improvement Agreement), and the required grading work is subject to a separate secured agreement between SUBDIVIDER and CITY (i.e., Grading Only Agreement).- 2 - 2688894 224 D.In consideration of the approval of a final map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby SUBDIVIDER promises to install and complete, at SUBDIVIDER's own expense, all of the parks improvement work required by the Subdivision Laws, the Resolution of Approval, and the Improvement Plans in connection with the proposed SUBDIVISION. SUBDIVIDER has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City Attorney. E.Complete Improvement Plans for the construction, installation, and completion of the parks improvements have been prepared by SUBDIVIDER and approved by the City Engineer. As used in this Agreement, "City Engineer" means the City Engineer of CITY, or if there is no City Engineer, then such other CITY official then performing the functions of the City Engineer. The Improvement Plans numbered as referenced previously in this Agreement are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Engineer. F.An estimate of the cost for construction of the parks improvements and performing land development work in connection with the improvements according to the Improvement Plans has been made and has been approved by the City Engineer. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G.CITY has adopted standards for the construction and installation of parks improvements within the CITY. The Improvement Plans have been prepared in conformance with CITY standards in effect on the date of the Resolution of Approval. NOW, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows: - 3 -2688894 225 2688894 1.SUBDIVIDER's Obligation to Construct Improvements. SUBDIVIDER shall: a.Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. b.Commence and complete at SUBDIVIDER's own expense, the parks improvement work in Tract Map 37506-3, required by the Resolution of Approval in conformance with approved Improvement Plans within the time frames provided by Section 22, unless a time extension is granted by the CITY as authorized in Section (22); provided however, that the improvements shall not be deemed to be completed until accepted by City Council as provided in Section (17)herein. c.Furnish the necessary materials for completion of the parks improvements in conformity with the Improvement Plans. d.Acquire, or pay the cost of acquisition by CITY, and dedicate all rights-of-way, easements and other interests in real property for construction and installation of the public improvements, free and clear of all liens and encumbrances. The SUBDIVIDER's obligations with regard to acquisition by CITY of off-site rights-of way, easements and other interests in real property shall be subject to a separate agreement between SUBDIVIDER and CITY. SUBDIVIDER shall also be responsible for obtaining any public or private sanitary sewer, domestic water, drainage, and/or utility easements or authorization to accommodate the SUBDIVISION. 2.Acquisition and Dedication of Easements or Rights-of-Way. If any of the parks improvements contemplated by this Agreement are to be constructed or installed on land not owned by CITY or SUBDIVIDER, no construction or installation shall be commenced before: - 4 - 226 2688894 a.The offer of dedication to CITY of appropriate rights-of-way, easements or other interests in real property, and appropriate authorization from the property owner to allow construction or installation of the improvements or work, or b.The dedication to, and acceptance by, CITY of appropriate rights of-way, easements or other interests in real property, as determined by the City Engineer, or c.The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with the order of possession. Nothing in this Section (2) shall be construed as authorizing or granting an extension of time to SUBDIVIDER. 3.Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER's performance by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: a.to assure faithful performance of this Agreement in regard to said parks improvements in an amount of 100% of the estimated cost of the parks improvements; and b.to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials for the parks improvements required to be constructed and installed pursuant to this Agreement in an amount of 100% of the estimated cost of the parks improvements and conforming to the requirements of Section 25 of this Agreement (concerning prevailing wages) and Section 9554 of the California Civil Code (to the extent that a subject contract involves an expenditure in an amount subject to, and a - 5 - 227 2688894 contractor deemed to be a direct contractor under, Section 9550 of the California Civil Code), and which amount of such security shall be incre ased automatically by the SUBDIVIDER upon an increase in the cost of construction of the parks improvements or any of them, such that the payment bond(s) at all times shall be in an amount not less than 100% of the sum of the total amount payable pursuant to any construction contract(s) relating to the parks improvements and the estimated cost of any improvements not yet subject to a construction contract, and if the SUBDIVIDER fails to so increase the amount of the security in connection with such an increase in construction costs of the parks improvements, the SUBDIVIDER shall provide the additional security within thirty (30) days after receiving demand from the City Engineer therefor; and c.to guarantee or warranty the parks improvements work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the improvements; and The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security docu ments referenced on page 1 of this Agre ement are incorporated into this Agreement by this reference. If any security is replaced by another app roved security, the replacement shall : 1) comply with all the requirements for se curity in this Agreement; 2) be provided to the City Engineer to be filed with the City Clerk and, upon filing, 3) shall be deemed to have been made a part of and incorporated into this Agreement. Upon provision of a replacement security with the City Engineer and filing of a replacement security with the City Clerk, the former secur ity may be released. - 6 -228 2688894 4.Alterations to Improvement Plans. a.Any changes, alterations or additions to the Improvement Plans not exceeding ten percent (10%) of the original estimated cost of the improvements, which are mutually agreed upon by CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for faithful performance as required by Section (3) of this Agreement for one hundred percent (100%) of the total estimated cost of the improvements as changed, altered, or amended, minus any completed partial releases allowed by Section (6) of this Agreement. b.Any changes, alterations or additions to the Improvement Plans, which are mutually agreed upon by CITY and SUBDIVIDER, shall not relieve the security given to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials for the improvements required to be constructed and installed pursuant to this Agreement. In the event of any changes, alterations, or additions that increase the estimated cost of the improvement above the original estimated cost of the improvement, SUBDIVIDER shall provide security to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials for the improvements required to be constructed and installed pursuant to this Agreement as required by Section (3) of this Agreement for one hundred percent (100%) of the total estimated cost of the improvements as changed, altered, or amended, minus any completed partial releases allowed by Section (6) of this Agreement. - 7 - 229 5. 6. 2688894 c.The SUBDIVIDER shall construct the improvements in accordance with CITY standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement, when necessary to protect the public safety or welfare or comply with applicable state or federal la w or CITY zoning ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. Inspection. SUB DIVIDER shall at all times maintain proper facilities and safe access for inspection of the parks improvements by CITY inspectors. Upon completion of the work, SUB DIVIDER may request a final inspection by the City Engineer, or the City Engineer's authorized representative. If the City Engineer, or the designated representative, determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the compl etion of the parks improvements to the City Council. No impr o vements shall be finally accepted by the City Council unless all aspects of the work have been in spected and completed in accordance with the Imp rovement Plans. When applica ble law requires an inspe ction to be made by City at a particular stage of the work of constructing and installing such improvements, CITY shall be given timely notice of SUBDIV IDER's readiness for such insp ection and SUBDI VIDER shall not proceed with additional work until the inspection has been made and the work approved . SUBDIVIDER shall bear all costs of inspection and certification. No improvements shall be deemed completed until accepted by the City Council pursuant to Section (17)herein. Release of Securities. The securities required by this Agreement shall be released as follo wing: a.Security given for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and - 8 - 230 2688894 acceptance of the act or work, subject to the provisions of subsection (b) hereof. b.The City Engineer may release a portion of the security given for faithful performance of improvement work as the improvement progresses upon application thereof by the SUBDIVIDER; provided, however, that no such release shall be for an amount less than twenty-five percent (25%) of the total improvement security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than fifty percent (50%) of the total improvement security given for faithful performance until final completion and acceptance of the improvement work. In no event shall the City Engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement. c.Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, at the date that is the latest of (i) six (6) months after completion and acceptance of the work, (ii) fifteen (15) days following the expiration of the applicable statutory period in which any person may bring suit against the surety(ies) on a payment bond as set forth in Sections 8609 or 9558 of the California Civil Code, or (iii) fifteen (15) days following the expiration of the applicable statutory period in which any person may record a lien pursuant to Sections 8412 or 8414 of the California Civil Code, be reduced to an amount equal to no less than 125% of the total claimed by all claimants for whom liens or suit have been filed and of which notice has been given to the CITY, plus an amount reasonably determined by the City Engineer to be required to - 9 - 231 7. 8. 2688894 assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. d.No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in Section (10), the warranty period shall not commence until formal final acceptance of all the work and impro vements by the City Council. e.CITY may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. Injury to Public Improvements, Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or repair or have replaced or repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monument which are destroyed or damaged as a result of any work under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by CITY or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. Permits. SUBDIVIDER shall, at SUBDIVIDER's expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. -10 -232 2688894 9.Default of SUBDIVIDER. a.Default of SUBDIVIDER shall include, but not be limited to, (1)SUBDIVIDER's failure to timely commence construction of this Agreement; (2)SUBDIVIDER's failure to timely complete construction of the improvements; (3)SUBDIVIDER's failure to timely cure any defect in the improvements; (4)SUBDIVIDER's failure to perform substantial construction work for a period of twenty (20) calendar days after commencement of the work; (5)SUBDIVIDER's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (6)SUBDIVIDER's failure to perform any other obligation under this Agreement. b.CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER's obligations under this Agreement. CITY shall have the right, subject to this Section, to draw upon or utilize the appropriate security to mitigate CITY's damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the improvements and, therefore, CITY's damages for -11 - 233 2688894 SUBDIVIDER's default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the parks improvements in accordance with the improvement plans and specifications contained herein. In the event of SUBDIVIDER's default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty (20) days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDI VIDER, and SUBDIVIDER's surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby. In such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plants and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. c.Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this subsection (c) is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER's breach shall be in the discretion of CITY. d.In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations,-12 -234 2688894 including but not limited to fees and charges of architects, engineers, attorneys, other professionals, and court costs. e.The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. 10.Warranty. With respect to any equipment required to be installed pursuant to the Improvement Plans, SUBDIVIDER shall provide such equipment warranties as specified by the Improvement Plans, or if not specified therein, as approved by the City Engineer as consistent with industry standards for the type and quality of equipment specified in the Improvement Plans or, or if not specified therein, of comparable equipment on City-constructed parks. SUBDIVIDER shall guarantee or warranty the work done pursuant to this Agreement for a period of one year after final formal acceptance of the SUBDIVISION by the City Council against any defective work or labor done or defective materials furnished. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY, at CITY's option, to perform the work twenty (20) days after mailing written notice of default to SUBDIVIDER and to SUB DIVIDER's surety, and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs or-13 -235 2688894 replacement or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11.SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER's agents, contractors or subcontractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDE R'S obligations under this Agreement. 12.Injury to Work. Until such time as the improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all improvements required by this Agreement are fully completed and accepted by CITY, SUBDIVIDER will be responsible for the care, maintenance of, and any damage to such improvements. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13.Environmental Warranty. Prior to the acceptance of any dedications or improvements by CITY, SUBDIVIDER shall certify and warrant that neither the property to be dedicated nor SUBDIVIDER is in violation of any environmental law and neither the property to be dedicated nor the SUBDIVIDER is subject to any existing, pending or threate ned investigation by any federal, state or local governmental authority under or in connection with environmental law. Neither SUBDIVIDER nor any third party will use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any hazardous substance except in compliance with all applicable environmental laws. SUBDIVIDER has not caused or pem,itted the release of, and has no knowledge of the release or presence of, any hazardous substance on the property to be dedicated or -14 - 236 2688894 the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. SUBDIVIDER's prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated. SUBDIVIDER shall give prompt written notice to CITY at the address set forth herein of: a.Any proceeding or investigation by any federal, state or local governmental authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated; b.Any claims made or threatened by any third party against CITY or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and, c.SUBDIVIDER's discovery of any occurrence or condition on any property adjoining in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any res trictions on its ownership, occupancy, use for the purpose for which is it is intended, transferability or suit under any environmental law. 14.Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 15.SUBDIVIDER'S Obligation to Warn Public During Construction. Until formal final acceptance of the improvements, SUBDIVIDER shall give - 15 - 237 2688894 good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. 16.Vesting of Ownership. Upon formal final acceptance of the work by CITY and recordation of the Resolution of Acceptance of Public Improvements, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 17.Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the City Engineer after final completion and inspection of all improvements. The City Council shall act upon the Engineer's recommendation within sixty (60)days from the date the City Engineer certifies that the work has been finally completed, as provided in Section (6). Such acceptance shall not constitute a waiver of defects by CITY. 18.Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents, or employees, contractors and subcontractors in the performance of this Agreement. SUBDIVIDER further agrees to protect, defend, indemnify and hold harmless CITY, its officials, boards and commissions, and members thereof agents and empl oyees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of SUBDIVIDER, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability, or loss arising out of the sole active negligence of the CITY, its officials, boards, commissions, the members thereof, agents, and employees, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the improvements. This-16 -238 2688894 239 the project approvals themselves, or the terms of those approvals, including the failure to include specific terms, SUBDIVIDER and CITY each shall have the right, in their sole discretion, to elect whether or not to defend such action. SUBDIVIDER, at its sole expense, shall defend, indemnify, and hold harmless the CITY (including its agents, officers, and employees) from any such action, claim, damages, or proceeding of whatever nature with counsel chosen by the CITY, subject to SUBDIVIDER's approval of counsel, which shall not be unreasonably denied, and at SUBDIVIDER's sole expense. If the CITY is aware of such an action or proce eding, it shall promptly notify SUBDIVIDER and cooperate in the defense. SUBDIVIDER, upon such notification, shall deposit sufficient funds in the judgment of the CITY's Finance Director to cover the expense of defending such action without any offset or claim against said deposit to assure that the CITY expends no CITY funds. If both parties to this Agreement elect to defend, the parties hereby agree to affirmatively cooperate in defending the said action and to execute a joint defense and confidentiality agreement in order to share and protect information, under the joint defense privilege recognized under the applicable law. As part of the cooperation in defending an action, CITY and SUBDIVIDER shall coordinate their defense in order to make the most efficient use of legal counsel and to share and protect information. SUBDIVIDER and CITY shall each have sole discretion to terminate its defense at any time. CITY shall not settle any third party litigation arising from the Resolution of Approval, or the project approvals set forth therein, without SUBDIVIDER's consent, which consent shall not be unreasonably withheld, conditioned or delayed unless SUBDIVIDER materially breaches this indemnification requirement. SUBDIVIDER shall reimburse CITY for all costs and expenses (including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs) incurred by CITY in enforcing the provisions of this Section. 2688894 19.Personal Nature of SUBDIVIDER'S Obligations. All of SUBDIVIDER's -18 - 240 2688894 obligations under this Agreement are and shall remain the personal obligations of SUBDIVIDER notwithstanding a transfer of all or any part of the property within the SUBDIVISION subject to this Agreement, and SUBDIVIDER shall not be entitled to assign its obligations under this Agreement to any transferee of all or any part of the property within the SUBDIVISION or to any other third party without the express written consent of CITY. If the CITY does consent to a transfer of this Agreement and the transferee assumes all of SUBDIVIDER's obligations so transferred, SUBDIVIDER shall be released of its transferred obligations hereunder, all as more specifically provided in an agreement to be entered into in connection with such transfer and in form and substance acceptable to the City Attorney. 20.Sale or Disposition of SUBDIVISION. Seller or other SUBDIVIDER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Section (18) for the work or improvement done by SUBDIVIDER. 21.Time of the Essence. Time is of the essence in the performance of this Agreement. 22.Time for Commencement of Work; Time Extensions. SUBDIVIDER shall commence substantial construction of the improvements required by this Agreement not later than the issuance of the 100th Certificate of Occupancy by the City's Building Department for Tract 37506-3, and the improvements shall be completed within 12 months. In the event good cause exists as determined by the City Engineer and Public Works Director, the time for commencement of construction or completion of the improvements hereunder may be extended for a period or periods not -19 - 241 2688894 exceeding a total of two (2) additional years. The extension shall be executed in writing by the City Engineer and Public Works Director. Any such extension may be granted without notice to SUBDIVIDER's surety and shall not affect the validity of this Agreement or release the surety or sureties on any security given for this Agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, act of God, or by storm or inclement weather, strikes, boycotts or similar political actions which prevents the conducting of work, which SUBDIVIDER could not have reasonably foreseen and, furthermore, were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for and extension of the time for completion. As a condition of such extension, the City Engineer may require SUBDIVIDER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. 23.No Vesting of Rights. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER's rights with respect to any change in any zoning or building law or ordinance. 24.Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States mail. Notices shall be addressed as follows unless a written change of address is filed with the City: -20- 242 2688894 Notice to CITY: Notice to SUBDIVIDER: Notice to SURETY: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Public Works Director Meritage Homes of California, Inc. 5 Peters Canyon Road, Suite 310 Irvine, CA 92606 Attn: Efrem Joelson 25.Compliance With Laws: Labor Code Provisions. SUBDIVIDER, its agents, employees, contractors and subcontractors shall comply with all federal, state and local laws in the performance of the improvements and land development work required by this Agreement. The CITY hereby states pursuant to Section 1781 of the California Labor Code ("Labor Code") that the construction by the SUBDIVIDER of any public improvements required by the Conditions of Approval (as defined hereinbelow) is "public work" (as defined in, and within the meaning of, Section 1720 of the Labor Code) to which Section 1771 of the Labor Code applies. While acknowledging but without expressing any concurrence with the position stated in the foregoing sentence, the SUBDIVIDER hereby agrees that it shall (i) require the construction of all park public improvements required by the Conditions of Approval to be performed as -21 - 243 2688894 244 2688894 to pay prevailing wages and to comply with all applicable prevailing wage laws pursuant to California Labor Code Sections 1720 et seq. and implementing regulations of the California Department of Industrial Relations. SUBDIVIDER shall indemnify, defend, protect and hold harmless City, its agents, elected officials, officers, employees and independent consultants from and against any third party claim, cause of action, administrative or judicial proceeding or enforcement action of any kind arising out of or resulting from SUBDIVIDER or its contractors and subcontractors' alleged or actual failure to comply with prevailing wage laws. In addition, the SUBDIVIDER agrees to require any person or entity to whom the SUBDIVIDER sells the property within the SUBDIVISION to comply with this Section 25. Notwithstanding the foregoing, the CITY and the SUBDIVIDER agree that (x)this Agreement is not intended to be a public works contract; (y) the subject public improvements are of local and not state-wide concern, and (z)the foregoing shall not in any way imply or be construed to mean that this Agreement or the subject public improvements constitute a public work for any purpose other than to assure compliance with the Labor Code. 26.Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 27.Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. -23 - 245 2688894 28.Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. 29.Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into in the terms of this Agreement. 30.Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. 31.Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California. 32.Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement shall be in the County of Riverside, State of California. [signature page follows] -24 - 246 IN WITNESS WHEREOF, this Agreement is executed by the parties as of the date here inabove first written; by CITY, by and through its Mayor. SUBDIVIDER: MERITAGE HOMES OF CALIFORNIA, INC., : Y Califo � Name: Nicholas Emsiek Title: Division President 1zation of SUBDIVIDER's Name: Elliot Mann Title: West Region President (Proper Notarization of SUBDIVIDER's signature is required and shall be attached) APPROVED AS TO FORM: ISRA SHAH, CITY ATTORNEY 2688894 CITY OF PALM DESERT By: ------------ KARINA QUINTANILLA, MAYOR ATTEST: ANTHONY J. MEJIA, CITY CLERK 247 ACKNOWLEDGEMENT 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 } } ss. County of --=O�-r-=-O\..:..t.Y)-L.:::....%i.-:e=----} On • Oc+o \]er , Cc, , 20-1:.:1, before me, A blh-eu..J So..) ct z.a. r- , a Notary Public, personally appeared ;' · o • , 'e , who proved to me on the basis of satisfactory evidence to be the person.(8-) whose name�) 1s subscribed to the within instrument and acknowledged to me that�tl:tey executed the same i� authorized capacity�, and that by �taeir signature(� on the instrument the perso�, or the entity upon behalf of which the person� acted, executed the instrument. I certify under PENAL TY 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 ::? l __ 248 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accurac y, or validity of that document. State of California } County of _____ O_ra_n _g=-e _____ _ on __ O_c_t o_b _e _r_3_1_,_2_0_2_4 ___ before me, ___ A_n_d_re_w_S_a_la _z_a_r _, _N_o_ta_ry_P_u_b_l_ic ____ , Date Here Insert Name and Title of the Officer personally appeared ____________ E_l _li_o_t _M _a_n_n _____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence� be the perso� whose namets@re subscribed to the within instrument and acknow�ed to me that�.me-/tAey executed the same in@.4:ler.4fteir authorized capacity�). and that by�·�/their signature'8)' on the instrument the person'8), or the entity upon behalf of which the person(s) acted, executed the instrument. •••••••• ANDREW SALAZAR 1Notary Public • California Orange County � Commission# 2365034 - y Comm. Expires Jul 10, 2025 Place Notary Seal and/or Stamp Above I certify under PENAL TY 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 --�-..,z:::::;:»=-:....,.���---------- Signature of Notary Public OPTIONAL Completing this information con deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document ___________________________ _ Document Date: _____________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: □Corporate Officer -Title(s): ______ _□Partner -□ Limited □ General□Individual □Attorney in Fact□Trustee □Guardian or Conservator□Other: Signer is Representing: _________ _ Signer's Name: □Corporate Officer -Title(s): _______ _□Partner -□ Limited □ General□Individual □Attorney in Fact□Trustee □Guardian or Conservator□Other: Signer is Representing: _________ _ 08800�00�•�li:8§:88l] �:o:o�:o:9�:00:88@ ©2019 National Notary Association 249 EXHIBIT A ESTIMATED COST OF WORK PURSUANT TO PARKS IMPROVEMENT PLANS [see attached] 250 EXHIBIT B LEGAL DESCRIPTION 251 252 253 254 255 256 257 258 RADFORD DRIVE BUCKLEY DRIVE WA R R E N D R I V E TERRAZZO LOOP (373.93') R1 (L2)R3 LO T " N " LOT "E" LO T " S " LOT "B" LO T " B " LO T " C " LOT "D" LO T " D " LOT "T" LO T " G " LOT "O" LO T " Q " NOT A PART LOT "I" LOT "P" 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 34 35 36 3738394041424344 45 46 47 48 49 50 51 52 53 54 55 56 57 60 61 62 63 64 65 66 67 68 69 70 71 72 73 76 77 78 84 85 86 87 88 89 90 91 92 93 9495969798 100 103 104 105 106 10 7 108 109 110 111 112 113 114 115 117 120 121122 123 124 125 126 127 128 12 9 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 LOT "K" ∆ = 2 5 1 ' 0 6 " = 1 0 5 0 0 ' = 5 2 2 5 6 ' (R) PRC (R) PRC LO T " J " 75 80 79 82 81 59 58 LOT "E" 33LO T " H " (302.93') R1 R2 (C 2 )R 1 ( C3) 83 74 5 LO T " L " (L4)R1 (L 5 ) R 1 R2(L6) (L 3 ) R 1 , R 3 (∆ = 0 9 4 1 ' 3 5 " R = 3 1 2 . 0 0 ' = 5 2 9 . 0 1 ' ) R 1 \A 1 ; 7 5 ' \A 1 ; 7 5 ' (C 4 )R 1 (L7)R1 (C 5)R 1 (L 8 ) R 1 (L1)R1 54 . 0 0 ' (C 1)R 1 ,R3 (6 3 . 4 5 ' ) R 3 (∆= 6 9 2 8 ' 5 5 " R = 1 0 0 0 .0 0 ' = 1 2 1 2 .6 9 ')R 1 ( R ) P R C (R) 71.00' 86 . 0 0 ' 75 . 0 0 ' (∆=9 2 2 0 ' 2 0 " R = 9 2 5 .0 0 ' =1 4 9 0 . 5 ' )R1 (∆=9 2 2 0 ' 2 0 " R =1 0 0 0 .0 0 ' =1 6 1 1 .62 ' )R1 WELL SITE ( ∆ = 0 8 1 1 ' 0 8 " R = 3 1 6 5 . 0 0 ' = 4 5 2 . 1 ' ) R 1 (L 1 3 ) (L14) (L16) (L17)(L18) (L19) (L20) (L23) (L 2 4 ) R 2 (C ) R2 (L 1 1 ) R2 119 (L 1 2 ) R1 LO T " A " (C 9) R2 R2 (C8) LOT "M" (R) C 1 0 (C 1 2 ) R2 R2 CITY PARK DOC. NO. 2021-0239079 REC. 04/16/2021, O.R. R2 (C1 3) R2 R2 R2 (L15) R2(C 1 4)R2 R2 R2 (L25) (L26)R2 (L27) (L29) (L30) (C1 9)R2 ( C 1 8 ) R2 (L22)R2 (C 1 ) R2 ( C 1 5)R2 (C 2 1 ) R2 (C 2 0 ) R2 R2 (C 1 6 ) R2 (C 2 2 ) R2 R2 (L 2 8 ) R 2 R2 R2 R2 (L21)R2 R2 101118 CITY PARK DOC. NO. 2021-0239079 REC. 04/16/2021, O.R. LOT "R" R2 (L 1 0 ) R2 NO T A P A R T R1 (L 9 ) 21 7 . 7 2 ' C 2 3 (C 2 4 ) R2 R1 LOT "F" (C 1 1) J.N. 2497 SHEET 3 OF 11 SHEETS SEE SHEETS 4 THROUGH 11 FOR DETAILED LOT DIMENSIONS INDICATES SHEET NUMBER INDICATES LAST RESIDENTIAL NUMBER# 29 28 32 33 (PUBLIC STREET) GERALD FORD DRIVE BA S I S O F B E A R I N G S (P U B L I C S T R E E T ) PO R T O L A A V E N U E COLLEGE DRIVE 1 (1675.99') R1 (2049.92') R1 4 3 2 1 2 (1 6 6 6 . 3 8 ' ) R 1 CURVE DATA NO.DELTA RADIUS LENGTH (C1)1035.00'410.82' (C2)1335.00'379.98' (C3)46.00'69.90'R1 R1 R1,R3 LINE DATA NO.BEARING LENGTH (L1)20.25' (L2)181.44' (L3)334.28' (L4)251.00' (L5)217.72' (L6)N 89%%D56'07" E 80.00' R1 R2 R1 R1,R3 R1 GE R A L D F O R D DR I V E TR A C T M A P N O . 3 7 5 0 6 - 1 M . B . 4 7 6 / 5 1 - 6 2 TRACT MAP NO. 37506-2 M.B. 486/11-23 4 5 6 11 8 9 10 11 CA M E R O N P L A C E CROMWELL LANE CLINE PARKWAY TROUSDALE DRIVE TR O U S D A L E D R I V E CL I N E P A R K W A Y A 42' PA C I F I C A V E N U E 4 3 (C4)1297.00'449.97'R1 (C5)997.00'395.74'R1 (L7)251.00'R1 (L8)314.95'R1 UN I V E R S I T Y PA R K D R I V E TE C H N O L O G Y DR I V E PARCEL MAP NO. 31730 M.B. 211/63-75 \A1;38' S.F.N. 6 5 5 6 6 (P U B L I C S T R E E T ) (P U B L I C S T R E E T ) COLLEGEDRIVE(PUBLIC STREET) R3 DOHENY PARKWAY DEDICATED AND ACCEPTED 75' R/W PER P.M.B. NO. 31730 211/63-75 PARCEL 4 P.M.B. 211/63-75 PARCEL "A" P.M.W. NO. 06-01 CA M E R O N P L A C E 4 5 30' 30' (N 89%%D56'07" E) \A1;54'\A1;54' 0'0'300' SCALE 1"=150' 150'450'600' ABANDONED HEREON # DEDICATED AND ACCEPTED 54' R/W PER P.M.B. NO. 31730 211/63-75 DEDICATED AND ACCEPTED 38' R/W PER P.M.B. NO. 31730 211/63-75 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 37506-3 BEING A SUBDIVISION OF A PORTION OF PARCELS 4, 5 AND 6 OF PARCEL MAP NO. 31730, AS SHOWN BY MAP ON FILE IN BOOK 211, AT PAGES 63 THROUGH 75, INCLUSIVE, OF MAPS, AND PARCEL A OF P.M.W. NO. 06-01, AS SHOWN ON DOC. NO. 2006-0668994, REC. 9/8/2006, O.R., LOCATED IN SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M. C6 00%%D36'05"3165.00'33.23' (C7)90%%D00'00"15.00'23.56' (C8)90%%D00'00"15.00'23.56' (C9)328.00'271.29' C10 09%%D28'38"1335.00'220.82' (C11)272.00'80.25' (C12)39%%D45'34"20.00'13.88' (C13)228.00'19.58' (C14)63%%D39'55"20.00'22.22' (C15)172.00'34.14' (C16)15.00'19.55' (C17)90%%D00'00"15.00'23.56' (C19)68%%D14'14"487.00'580.00' (C21)90%%D00'00"15.00'23.56' (C22)15.00'19.50' L9 N 89%%D56'07" E 16.00' (L10)91.33' (L12)333.86' (L13)159.66' (L14)72.10' (L15)21.41' (L16)136.77' (L17)128.67' (L18)20.00' (L19)72.84' (L20)78.40' (L21)31.76' (L22)165.00' (L23)N 85%%D34'35" E 31.23' (L24)88.70' (L11)118.06' R2 R2 (L25)10.47' (L26)84.82' (L27)36.52' (L28)110.00' (L29)N 08%%D03'36" W 37.50' (L30)78.60' (C18)88%%D28'16"15.00'23.16' (C20)92%%D39'51"15.00'24.26' PARCEL 5 P.M.B. 211/63-75 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 LO T " A " PA C I F I C A V E N U E (L 5 ) R 1 C6 ABANDONED HEREON N 8 9 % % D 2 7 ' 4 8 " W ( R ) ABANDONED HEREON SE E D E T A I L " A " AT R I G H T DETAIL "A" {NOT TO SCALE} PARCEL 6 P.M.B. 211/63-75 C23 997.00'56.88' \A 1 ; 3 8 ' \A 1 ; 3 8 ' (L 1 0 ) R 2 (C24)06%%D49'51"1335.00'159.16'R1 ( R ) CROMWELL LANE CAMERON PLACE 259 LO T " J " CAMERON PLACE TR O U S D A L E D R I V E 71 LO T " B " CLINE PARKWAY LOT "T" LO T " E " LOT "L" LO T " K " 6,896 S.F. 6,139 S.F. 6,999 S.F. 6,999 S.F. 10,342 S.F. 12,583 S.F. 6,243 S.F. 5,500 S.F. 5,000 S.F. 5,000 S.F. 7,132 S.F. 7,319 S.F. 5,347 S.F. 5,227 S.F. 5,227 S.F. 7,061 S.F. 7,767 S.F. 8,761 S.F. 7,857 S.F. 7,339 S.F. 7,902 S.F. 7,667 S.F. 5,837 S.F. 5,463 S.F. 5,923 S.F. 9,231 S.F. 8,953 S.F. 5,286 S.F. 5,693 S.F. 6,698 S.F. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 68 69 70 71 72 73 74 75 76 77 78 79 136 137 146 101.11' 99.33' N 3 8 % % D 3 5 ' 1 2 " W 10 0 . 1 5 ' N 3 8 % % D 3 5 ' 1 2 " W 10 0 . 0 0 ' N 3 8 % % D 3 5 ' 1 2 " W 10 0 . 0 0 ' 11 1 . 3 3 ' 13 6 . 0 4 ' N 3 8 % % D 3 5 ' 1 2 " W 13 3 . 1 0 ' N 3 8 % % D 3 5 ' 1 2 " W 12 0 . 4 5 ' N 3 8 % % D 3 5 ' 1 2 " W 12 3 . 8 7 ' 10 6 . 9 7 ' 10 2 . 9 1 ' 60 . 9 0 ' 63.48' 54.45' 12 0 . 0 0 ' 12 0 . 0 0 ' 12 0 . 0 0 ' 12 0 . 0 0 ' 124.32' 79.93' 55 . 0 0 ' 20 . 0 0 ' 50 . 0 0 ' 50 . 0 0 ' 28 . 2 7 ' 132.11' ∆=1 1 0 9 ' 4 2 " R =12 2 1 .0 0 ' =2 3 .8 6 ' ∆=1 1 0 0 ' 4 5 " R =1 1 6 5 .0 0 ' =2 2 3 .9 2 ' (L 1 ) R 3 10.00' 10 4 . 5 7 ' L2 87 . 9 1 ' L3 ∆=1 5 6 ' 1 9 " R =1 0 4 5 .0 0 ' =32 .1 8 ' L4 L5 (R) L6 L8 L9 L1 0 73 . 6 7 ' 10 . 2 3 ' (R) PRC (R) ( R ) ( R ) (R) (R) PCC N 69%%D58'06" W ( R ) ( R ) ( R ) P R C ( R ) (R) (R) PRC ( R ) P R C (R) PRC (R) ( R ) ( R ) P R C L1 1 ∆= 2 5 1 ' 0 6 " R = 1 0 5 . 0 0 ' = 5 2 2 . 5 6 ' 15 8 . 0 0 ' C 5 C 1 0 C 1 5 C2 2 C2 8 C2 9 C 3 0 C 3 1 C32 C3 3 C3 4 C 3 5 C 3 6 C3 C 4 3 ( R ) ( R ) (R) LOT "Q"42 . 4 0 ' 55 . 0 0 ' 57 . 0 0 ' 30 . 4 9 ' 14 . 8 9 ' 55 . 0 0 ' 20 . 0 0 ' 50 . 0 0 ' 45 . 0 0 ' \A 1 ; 2 8 ' \A 1 ; 2 8 ' \A1;28' \A1;28' \A 1 ; 3 8 ' COLLEGE DRIVE ∆=1 5 5 ' 2 5 " =32 3 . ' 38 . 0 0 ' (∆=2 2 4 4 ' 3 3 " R =9 9 .0 0 ' =3 9 5 . 4 ')R 1 (L 1 2 ) R 1 C 4 2 ∆=1 9 2 8 ' 2 6 " =3 3 8 .8 6 ' C 4 1 C 6 C 4 C 3 C 3 8 C 4 4 C 3 9 C 4 0 26 . 9 0 ' 54 . 6 3 ' 28 . 0 0 ' 28 . 0 0 ' 28 . 0 0 ' 28.00' 28.00' \A1;28' \A1;28' 28.00'28.00' 28.00' 43 . 8 0 ' 42 . 2 5 ' C 4 C 4 6 ∆=1 3 0 9 ' 1 9 " =2 3 .9 2 ' ∆=1 6 2 5 ' 2 6 " R =1 1 9 3 .0 0 ' =3 4 1 .9 ' C9 C 1 C 1 8 C 1 9 C2 0 C 2 1 C 2 6 C2 5 C2 4 C2 3 C 1 2 C 1 3 C 1 4 C 1 6 C2 C 4 5 C 1 C C 2 C 8 ∆= 2 0 4 ' 2 1 " = 5 0 . 9 4 ' C 4 8 C 1 1 C 4 9 L1 3 (∆=2 2 4 4 ' 3 3 " R =1 0 3 5 .0 0 ' = 4 1 0 .8 2 ')R 1 ,R3 J.N. 2497 SHEET 4 OF 11 SHEETS 0'80' SCALE 1"=40' 40'120'160' LINE DATA NO.BEARING LENGTH L1 63.45' L2 86.06' L3 45.66' L4 39.52' L5 20.00' L6 35.06' 51.17' L8 N 69%%D35'13" W 27.33' L9 44.67' L10 46.21' L11 237.91' 69 79 0. 0 4 6 A C . (O P E N SP A C E ) 0.921 AC. (OPEN SPACE) 0.314 AC. (OPEN SPACE) 5' PUE 14 5' PUE 5' PUE 5' PUE 5' PUE 5' PUE SEE SHEET 2 FOR EASEMENT NOTES SEE SHEET 3 FOR SURVEYOR'S NOTES, AND BOUNDARY DIMENSIONS SEE SHEET 5 PARCEL MAP NO. 31730 M.B. 211/63-75 L12 334.28' 6 (P U B L I C S T R E E T ) 2. 1 0 4 A C . (PUBLIC STREET)0.347 AC. (PUBLIC STREET) SE E S H E E T 9 SE E S H E E T 1 1 CURVE DATA NO.DELTA RADIUS LENGTH C1 1205.00'41.71' C2 1261.00'49.59' C3 1261.00'69.88' C4 25.00'30.60' C5 53.00'64.87' C6 81.00'99.14' C7 05%%D52'11"81.00'8.30' C8 81.00'44.50' C9 29%%D14'27"81.00'41.34' C10 81.00'5.00' C11 82%%D22'44"81.00'116.46' C12 81.00'27.94' C13 81.00'45.22' C14 81.00'43.30' C15 82%%D22'44"53.00'76.20' C16 82%%D22'44"25.00'35.94' C17 1165.00'61.49' C18 1165.00'61.49' C19 1165.00'53.94' C20 1165.00'47.00' C21 92%%D08'34"15.00'24.12' C22 1221.00'97.34' C23 1221.00'50.00' C24 1221.00'50.00' C25 1221.00'40.52' C26 88%%D00'23"15.00'23.04' C27 06%%D17'38"543.00'59.65' C28 543.00'40.86' C29 1045.00'53.24' C30 1045.00'48.38' C31 1045.00'55.16' C32 1045.00'55.16' C33 05%%D57'35"1045.00'108.70' C34 00%%D21'32"1045.00'6.55' C35 1105.00'56.87' C36 00%%D46'45"1075.00'14.62' C37 543.00'194.06' C38 1261.00'258.81' C39 1233.00'379.35' C40 1233.00'294.63' C41 1105.00'423.34' C42 515.00'1084.92' C43 515.00'223.78' C44 1205.00'370.74' C45 1035.00'28.00' C46 1193.00'41.51' C47 1193.00'44.62' IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 37506-3 BEING A SUBDIVISION OF A PORTION OF PARCELS 4, 5 AND 6 OF PARCEL MAP NO. 31730, AS SHOWN BY MAP ON FILE IN BOOK 211, AT PAGES 63 THROUGH 75, INCLUSIVE, OF MAPS, AND PARCEL A OF P.M.W. NO. 06-01, AS SHOWN ON DOC. NO. 2006-0668994, REC. 9/8/2006, O.R., LOCATED IN SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M. C48 997.00'56.88' 2. 7 1 0 A C . C49 81.00'73.16' L13 60.84' 260 CROMWELL LANE TR O U S D A L E D R I V E 20 81 LO T " B " CA M E R O N P L A C E LOT "F" LO T " E " LO T " Q " 5,227 S.F. 5,227 S.F. 5,227 S.F. 5,227 S.F. 5,247 S.F. 5,231 S.F. 5,024 S.F. 5,474 S.F. 5,569 S.F. 5,725 S.F. 6,811 S.F. 6,560 S.F. 6,140 S.F. 5,521 S.F. 8,161 S.F. 7,414 S.F. 7,061 S.F. 7,767 S.F. 8,953 S.F. 7,510 S.F. 8,457 S.F. 5,813 S.F. 5,909 S.F. 5,909 S.F. 14 15 16 17 18 19 20 21 22 23 24 61 62 63 64 65 66 67 68 69 70 78 79 80 81 82 83 84 85 86 106.76' 103.70' N 88%%D55'01" E 101.07' N 88%%D50'30" E (R) 100.00' 100.00' 100.00' 100.00' 100.00' 100.00' 142.25' 130.70' 118.21' 56 . 7 7 ' 55 . 6 8 ' 64 . 5 6 ' 82 . 9 2 ' 94 . 1 0 ' 103.26' 107.50' 107.50' 123.93' 117.83' N 89%%D53'45" W 110.43' N 89%%D53'45" W 110.42' ∆ = 4 4 2 9 ' 2 " R = 5 2 . 0 0 ' = 4 4 4 . 1 6 ' ∆ = 2 5 1 ' 0 6 " R = 1 0 5 . 0 0 ' = 5 2 2 . 5 6 ' L1 L2 L3 10.26' ∆ = 1 9 4 0 ' 0 9 " R = 4 8 . 0 0 ' = 1 6 . 1 8 ' ∆ = 2 0 2 8 '3 5 " R = 5 4 3 . 0 0 ' = 1 9 4 . 0 6 ' 11.58' 98.79' 4.92' 105.44' L6 62.09' 41 . 4 0 ' 45 . 6 4 ' 37 . 0 3 ' 50 . 0 1 ' 57 . 4 9 ' N 89%%D46'47" E (R) N 86%%D07'22" E (R) ( R ) P R C ( R ) P R C N 88%%D33'54" W (R) (R) (R) (R) (R) N 68%%D26'46" E (R) N 88%%D40'44" W (R) PRC (R) PRC N 69%%D58'06" W ( R ) N 83%%D02'54" E (R) PRC ( R ) ( R ) ∆ = 2 0 4 ' 2 1 " = 5 0 . 9 4 ' (R) N 86%%D54'39" E (R) PRC ∆ = 4 4 2 9 ' 2 " R = 6 0 0 . 0 0 ' = 4 6 5 . 9 1 ' ∆ = 4 4 2 9 ' 2 " R = 6 2 8 . 0 0 ' = 4 8 . 6 5 ' L8 ∆ = 6 8 1 4 ' 1 4 " R = 4 8 . 0 0 ' = 5 8 0 . 0 0 ' C 9 C 2 4 C 3 0 C 3 1 C 3 4 C 3 5 C 3 6 C 3 C 3 8 C 3 9 C 4 0 C 4 1 C 4 2 C 4 3 C 4 4 C 5 3 C 5 4 ∆ = 4 6 5 ' 4 4 " = 5 8 . 1 ' C 2 9 C 5 5 L4 L5 C 2 6 \A 1 ; 2 8 ' \A 1 ; 2 8 ' \A1;28' \A1;28' \A1;28' \A1;28' \A1;28' \A1;28' ( R ) \A1;28' \A1;28' GE R A L D F O R D D R I V E ( ∆ = 9 2 2 0 ' 2 0 " R = 9 2 5 . 0 0 ' = 1 4 9 0 . 5 ' ) R 1 \A1;75' \A1;75' ( ∆ = 9 1 0 3 ' 5 9 " R = 1 0 0 0 . 0 0 ' = 1 5 8 9 . 4 1 ' ) R 1 20 . 2 6 ' 50 . 0 1 ' C ∆ = 2 1 5 ' 0 3 " R = 1 1 0 5 . 0 0 ' = 4 2 3 . 3 4 ' C 4 6 C 4 5 C 8 ∆ = 1 3 ' 4 1 " R = 1 2 3 3 . 0 0 ' = 3 9 . 3 5 ' N 8 9 % % D 2 9 ' 0 2 " W ( R ) R = 1 5 . 0 0 ' C 2 3 ∆ = 1 2 0 4 2 ' 0 6 " R = 5 1 5 . 0 0 ' = 1 0 8 4 . 9 2 ' ∆ = 4 5 3 ' 0 9 " R = 5 4 3 . 0 0 ' = 4 5 3 . 8 2 ' ∆ = 1 3 ' 4 1 " R = 1 2 0 5 . 0 0 ' = 3 0 . 4 ' C 5 2 C 5 0 C 5 1 C 4 9 C 4 8 C 4 48 . 5 5 ' 31 . 9 8 ' 28 . 0 0 ' 28.00'28.00' 28 . 0 0 ' 28 . 0 0 ' 28.00' 28.00' 28.00' C 5 6 C 5 ∆ = 5 6 4 3 ' 3 1 " = 5 0 9 . 8 ' ∆ = 2 4 5 3 '4 6 " = 2 2 3 . 8 ' 41.34' 66.54' 42.28' ∆ = 1 3 4 1 ' 2 " = 2 9 4 . 6 3 ' C 5 8 C 5 9 C 6 0 C 2 2 C 2 1 C 1 8 C 1 C 1 6 C 1 1 C 1 2 C 1 0 C 6 C 3 C 2 C 1 C 5 ( ∆ = 9 2 2 0 ' 2 0 " R = 1 0 0 0 . 0 0 ' = 1 6 1 1 . 6 2 ' ) R 1 C 2 5 C2 C 3 2 C 4 C 1 9 C 2 0 C3 3 C 1 3 C 1 4 C 1 5 C 2 8 N 8 9 % % D 2 9 ' 1 0 " W ( R ) R = 4 8 7 . 0 0 ' P C C 13 J.N. 2497 SHEET 5 OF 11 SHEETS 0'80' SCALE 1"=40' 40'120'160' CURVE DATA NO.DELTA RADIUS LENGTH C1 628.00'49.03' C2 628.00'48.86' C3 628.00'19.84' C4 06%%D04'20"572.00'60.62' C5 06%%D04'20"572.00'60.62' C6 572.00'38.59' C7 1261.00'44.15' C8 1261.00'85.01' C9 00%%D04'31"1205.00'1.58' C10 1205.00'54.58' C11 1205.00'54.74' C12 1205.00'54.53' C13 1205.00'54.53' C14 1205.00'54.54' C15 1205.00'54.53' C16 1261.00'40.98' C17 1261.00'49.15' C18 1261.00'49.21' C19 05%%D16'39"543.00'50.02' C20 05%%D16'40"543.00'50.02' C21 05%%D16'40"543.00'50.02' C22 06%%D28'01"543.00'61.29' C23 487.00'88.86' C24 08%%D50'22"543.00'83.77' C25 543.00'43.92' C26 05%%D14'11"543.00'49.63' C27 88%%D04'08"15.00'23.06' C28 88%%D04'07"15.00'23.06' C29 328.00'61.60' C30 300.00'56.35' C31 272.00'51.09' C32 85%%D34'49"15.00'22.40' C33 85%%D34'49"15.00'22.40' C34 95%%D13'37"15.00'24.93' C35 95%%D13'37"15.00'24.93' C36 05%%D16'39"650.50'59.92' C37 650.50'47.45' C38 05%%D16'40"650.50'59.92' C39 650.50'48.19' C40 650.50'18.59' C41 650.50'49.32' C42 1105.00'50.01' C43 1105.00'50.00' C44 1105.00'50.00' C45 1105.00'50.00' C46 1105.00'50.20' C47 1105.00'50.05' C48 1105.00'50.01' C49 00%%D50'21"1105.00'16.19' C50 06%%D09'05"895.00'96.09' C51 895.00'38.96' C52 895.00'57.12' C53 644.65'41.96' C54 1261.00'258.81' LINE DATA NO.BEARING LENGTH L1 80.53' L2 80.53' L3 80.53' L4 25.20' L5 25.20' L6 128.64' 87.04' L8 115.06' 0. 9 2 1 A C . (O P E N S P A C E ) C55 39%%D40'31"650.50'450.45' LO T " J " 61 85 0.287 AC. 2. 1 0 4 A C . 5' PUE 5' PUE 5' PUE 5' PUE 5' PUE 5' PUE SEE SHEET 2 FOR EASEMENT NOTES SEE SHEET 3 FOR SURVEYOR'S NOTES, AND BOUNDARY DIMENSIONS SEE SHEET 6 SEE SHEET 4 SE E S H E E T 8 5 (P U B L I C S T R E E T ) (PUBLIC STREET) (P U B L I C S T R E E T ) 2. 7 1 0 A C . (P U B L I C S T R E E T ) SE E S H E E T 1 1 C56 515.00'39.73' C57 515.00'39.73' C58 1233.00'84.73' C59 1233.00'41.56' C60 1233.00'41.56' IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 37506-3 BEING A SUBDIVISION OF A PORTION OF PARCELS 4, 5 AND 6 OF PARCEL MAP NO. 31730, AS SHOWN BY MAP ON FILE IN BOOK 211, AT PAGES 63 THROUGH 75, INCLUSIVE, OF MAPS, AND PARCEL A OF P.M.W. NO. 06-01, AS SHOWN ON DOC. NO. 2006-0668994, REC. 9/8/2006, O.R., LOCATED IN SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M. NO T A P A R T (P U B L I C P A R K ) 24 261 DOHENY PARKWAY TROUSDALE LO T " E " LO T " G " LOT "U" LO T " H " LO T " Q " LOT "R" 5,725 S.F. 5,923 S.F. 6,272 S.F. 7,344 S.F. 7,024 S.F. 7,532 S.F. 8,521 S.F. 8,057 S.F. 7,734 S.F. 7,048 S.F. 7,102 S.F. 7,080 S.F. 6,984 S.F. 5,909 S.F. 5,909 S.F. 5,909 S.F. 5,915 S.F. 6,893 S.F. 7,111 S.F. 6,810 S.F. 6,506 S.F. 23 24 25 26 27 28 29 30 31 32 3351 52 53 54 55 56 57 58 59 60 61 62 63 84 85 86 87 88 89 90 91 92 13 3 . 5 8 ' 11 0 . 0 0 ' 28 . 0 4 ' 107.50' 107.50' 107.50' 10 7 . 5 0 ' 12 6 . 4 6 ' 13 0 . 2 3 ' 132.18' 132.53' 131.27' ∆= 4 4 29 ' 2 " R = 5 2 .0 0 ' = 4 4 4 .1 6 ' ∆= 4 4 29 ' 2 " R = 6 0 0 .0 0 ' = 4 6 5 .9 1 ' ∆= 4 4 29 ' 2 " R = 6 2 8 .0 0 ' = 4 8 . 6 5 ' 10.76' 115.67' L1 L2 ∆= 9 5 ' 3 9 " = 1 8 . 2 '∆= 4 5 3 ' 0 9 " R= 5 43 .0 0 ' = 4 53 .82 ' L3 L4 ( R ) L5 L6 L8 57 . 5 7 ' ∆= 4 6 5 ' 4 4 " = 5 8 .1 ' 6,917 S.F. 7,534 S.F. 7,900 S.F. 8,334 S.F. 8,774 S.F. 8,700 S.F. 8,480 S.F. 8,754 S.F. 131.21' 50.30' 50.30' 56.39' 63 . 2 0 ' 62 . 0 6 ' L9 L1 0 60 . 8 9 ' 57 . 9 1 ' ( R ) (R) R=653.00' ( R ) R = 1 0 2 8 . 0 0 ' (R) PRC (R) ( R ) (R) (R) N 68%%D26'46" E (R) (R) ( R ) ( R ) ( R ) P R C (R) R=650.50' ( R ) R = 9 7 2 . 0 0 ' ( R ) L1 1 C 1 1 C 1 9 C2 C2 8 C2 9 C3 0 C3 1 C3 2 C3 3 C 3 6C3 C 3 8 C 3 9 C 4 0 C 41 C 4 2 C 4 3 C 4 4 C 4 5 C 4 6 C 4 C 48 C 4 9 C 5 0 C 5 1 C 5 2 C 5 3 C5 4 C 5 5 C5 6 C 1 6 C 1 5 C1 4 C1 3 C 12 23.12' 49.55' C 3 5 C2 C 1 50.00' 50.00' 26.43' C3 C5 C 6 C C 8 C 9 LOT "B" CLINE PARKWAY \A1;28' \A1;28'\A 1 ; 2 8 ' \A 1 ; 2 8 ' \A1;28' \A1;28' \A 1 ; 2 8 ' \A 1 ; 2 8 ' \A 1 ; 7 5 ' GERALD FORD DRIVE (∆= 9 2 2 0 ' 2 0 " R = 9 2 5 . 0 0 ' = 1 4 9 0 . 5 ' ) R 1 (∆= 92 2 0 ' 2 0 " R = 1 0 0 0 .0 0 ' = 1 6 1 1 .62 ' )R1 DR I V E 28 . 0 0 ' 28 . 0 0 ' 28.00' 28.00' 28.00' 28.00' 28 . 0 0 ' 28 . 0 0 ' 115.92' 121.06' 147.11' 141.50' 151.65' 16 1 . 2 9 ' 16 6 . 8 7 ' 17 2 . 3 4 ' 17 7 . 8 1 ' C 2 5 C 2 4 C 23 C22 C2 1 C2 0 C 2 6 C 1 8 C 1 C 3 4 C 4 41 . 3 4 ' C5 C 5 8 ∆=12 0 42 ' 0 6 " R = 5 1 5 .0 0 ' = 1 08 4 .92 ' ∆= 5 6 43 ' 31 " = 5 0 9 .8 ' ∆=3 9 0 4 ' 4 9 " =3 5 1 .2 ' C5 9 43.00'43 . 0 0 ' 43 . 9 3 ' C 1 0 J.N. 2497 SHEET 6 OF 11 SHEETS 0'80' SCALE 1"=40' 40'120'160' CURVE DATA NO.DELTA RADIUS LENGTH C1 06%%D20'46"572.00'63.36' C2 05%%D58'49"572.00'59.70' C3 628.00'23.57' C4 628.00'50.01' C5 628.00'50.01' C6 628.00'49.25' C7 628.00'50.01' C8 628.00'50.01' C9 628.00'48.54' C10 628.00'48.49' C11 572.00'33.13' C12 572.00'41.85' C13 06%%D04'20"572.00'60.62' C14 06%%D04'20"572.00'60.62' C15 06%%D04'21"572.00'60.62' C16 06%%D04'20"572.00'60.62' C17 05%%D55'54"543.00'56.22' C18 543.00'42.52' C19 08%%D50'21"543.00'83.77' C20 543.00'42.35' C21 05%%D17'00"543.00'50.07' C22 05%%D16'40"543.00'50.02' C23 05%%D16'40"543.00'50.02' C24 05%%D16'40"543.00'50.02' C25 85%%D34'50"15.00'22.40' C26 85%%D34'49"15.00'22.40' C27 05%%D24'38"1028.00'97.08' C28 1028.00'37.66' C29 1028.00'59.42' C30 05%%D24'38"1000.00'94.43' C31 05%%D24'38"972.00'91.79' C32 972.00'35.10' C33 972.00'56.69' C34 93%%D19'06"15.00'24.43' C35 90%%D00'00"15.00'23.56' C36 653.00'291.38' C37 05%%D55'54"653.00'67.60' C38 06%%D30'31"653.00'74.18' C39 653.00'48.48' C40 653.00'56.23' C41 39%%D40'31"650.50'450.45' C42 06%%D21'57"650.50'72.27' C43 05%%D32'33"650.50'62.93' C44 05%%D17'00"650.50'59.98' C45 650.50'55.65' C46 05%%D16'40"650.50'59.92' C47 650.50'46.74' C48 650.50'46.58' C49 05%%D16'40"650.50'59.92' C50 650.50'46.65' C51 05%%D16'40"650.50'59.92' C52 650.50'46.94' C53 543.00'328.49' C54 600.00'465.91' C55 572.00'411.04' C56 628.00'487.65' LINE DATA NO.BEARING LENGTH L1 53.76' L2 72.67' L3 58.44' L4 99.78' L5 58.44' L6 54.00' 97.93' L8 54.93' L9 60.81' L10 61.72' L11 115.06' 0. 9 2 1 A C . (O P E N S P A C E ) \p x s m 1 ; ( P U B L I C S T R E E T ) (P U B L I C S T R E E T ) \p x s m 1 ; ( P U B L I C S T R E E T ) 84 23 92 SEE SHEET 2 FOR EASEMENT NOTES SEE SHEET 3 FOR SURVEYOR'S NOTES, AND BOUNDARY DIMENSIONS 5' PUE 5' PUE 5' PUE 5' PUE 5' PUE SE E S H E E T 7 SEE SHEET 7 SEE SHEET 5 SEE SHEET 8 2.104 AC. 0.308 AC. 2. 7 1 0 A C . \p x s m 1 ; ( P U B L I C S T R E E T ) SE E S H E E T 1 1 SEE SHEET 11 C57 515.00'39.73' C58 515.00'39.72' C59 600.00'34.75' IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 37506-3 BEING A SUBDIVISION OF A PORTION OF PARCELS 4, 5 AND 6 OF PARCEL MAP NO. 31730, AS SHOWN BY MAP ON FILE IN BOOK 211, AT PAGES 63 THROUGH 75, INCLUSIVE, OF MAPS, AND PARCEL A OF P.M.W. NO. 06-01, AS SHOWN ON DOC. NO. 2006-0668994, REC. 9/8/2006, O.R., LOCATED IN SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M. 262 LOT "N" LOT "E" LOT "B" LOT "O" LOT "I" 5,400 S.F. 5,400 S.F. 5,400 S.F. 5,400 S.F. 5,400 S.F.5,405 S.F.5,028 S.F.5,500 S.F.5,700 S.F.5,501 S.F.7,658 S.F. 6,865 S.F.6,879 S.F.6,034 S.F.6,034 S.F.6,567 S.F.7,015 S.F. 7,344 S.F. 7,024 S.F. 7,259 S.F. 6,506 S.F. 6,296 S.F. 6,159 S.F. 5,963 S.F.5,507 S.F.5,266 S.F.6,271 S.F. 34 35 36 37 38394041424344 45 46 47 48 49 50 51 52 53 54 55 90 91 92 93 94 95969798 10 0 . 3 8 ' 10 0 . 0 0 ' 10 0 . 0 0 ' 10 0 . 0 0 ' 10 0 . 0 0 ' 10 0 . 0 0 ' 10 0 . 0 0 ' 10 0 . 0 0 ' 10 0 . 0 0 ' 10 0 . 0 0 ' 12 0 . 6 8 ' 12 0 . 6 8 ' 12 0 . 6 8 ' 12 0 . 6 8 ' 12 6 . 8 8 ' 13 1 . 5 5 ' 13 4 . 6 0 ' 13 5 . 8 9 ' 11 0 . 0 0 ' 11 0 . 0 0 ' 11 0 . 0 0 ' 10 5 . 9 1 ' 10 5 . 3 2 ' 10 5 . 3 2 ' 58.00'57.00'50.00'50.00' 60.00'50.00'54.49' 44.49'57.00'55.00'46.44' ∆=2 4 2 ' 2 5 " R =2 8 .0 0 ' =3 5 2 .0 4 ' ∆=4 4 2 9 ' 2 " R =6 2 8 .0 0 ' =4 8 .6 5 ' ∆=4 1 1 0 ' 2 1 " R =5 2 .0 0 ' =4 1 1 .0 4 ' 12.93' ∆=3 4 3 9 '3 9 " R =5 4 3 .0 0 ' =3 2 8 .4 9 ' ∆=1 5 5 0 ' 4 1 " =1 4 2 .4 2 ' ∆=3 9 0 4 ' 4 9 " =3 5 1 .2 ' (L 2 ) R 1 92 . 3 1 ' 12 . 8 7 ' L3(R)∆=4 4 2 9 ' 2 " R =6 0 0 .0 0 ' =4 6 5 .9 1 ' L4 L5 L6 22 9 . 0 0 ' 138.00'164.99' (R) ( R ) ( R ) 90 . 3 2 ' 95 . 6 8 ' ( R ) ( R ) N 89%%D56'07" E (R) (R) ( R ) ( R ) ( R ) (R) 302.71' ∆=9 5 '3 9 " = 1 8 .2 ' ∆=1 2 0 4 2 '0 6 " R =5 1 5 .0 0 ' =1 0 8 4 .9 2 ' C 1 C 2 C 3 C 4 C 5 C 6 C C 8 C 9 C 1 0 C1 1 C1 2 C 1 3 C 1 4 C 1 C3 4 C35 C 3 C 3 8 C 3 9 C 4 0 C 4 1 C 4 2 C 4 3 C 4 4 C 4 5 C 4 6 C 4 (L10)R1 C 1 5 C 1 6 44.49'57.00'55.00'46.44'C 1 8 C 1 9 C 2 0 C 2 1 33.00'57.00'50.00'50.00' 45.00'50.00'26.99' 49 8 . 0 8 ' LOT "O" L8 \A 1 ; 2 8 ' \A 1 ; 2 8 ' \A 1 ; 2 8 ' \A 1 ; 2 8 ' \A1;28'\A1;28' \A 1 ; 2 8 ' \A 1 ; 2 8 ' \A1;54' \A1;54' PA C I F I C A V E N U E C 3 3 C 3 2 38.00' 43 . 0 0 ' 62 7 . 0 8 ' 21 7 . 7 2 ' (L 1 ) R 1 0.22' 11.04' 20.79' LOT "P" 50.51' L9 C 2 3C24 C 2 5 C 2 6 C 2 C 2 8 C3 6 C 2 9 C 3 0 28 . 0 0 ' 28.00'28.00' 28 . 0 0 ' 28.00' 28 . 0 0 ' 43.00'43.00' 43 . 0 0 ' LO T " S " C 3 1 L11 C 2 2 TROUSDALE DRIVE CLINE PARKWAY J.N. 2497 SHEET 7 OF 11 SHEETS 0'80' SCALE 1"=40' 40'120'160' CURVE DATA NO.DELTA RADIUS LENGTH C1 26%%D35'03"181.00'83.98' C2 181.00'73.46' C3 181.00'10.52' C4 00%%D19'28"728.00'4.12' C5 728.00'58.03' C6 728.00'57.98' C7 728.00'57.98' C8 728.00'57.97' C9 728.00'57.98' C10 728.00'57.98' C11 90%%D00'00"25.00'39.27' C12 90%%D00'00"53.00'83.25' C13 90%%D00'00"81.00'127.23' C14 81.00'49.46' C15 81.00'67.24' C16 81.00'10.54' C17 00%%D19'28"628.00'3.56' C18 628.00'50.06' C19 628.00'50.01' C20 628.00'50.01' C21 628.00'50.01' C22 628.00'50.01' C23 628.00'50.01' C24 572.00'44.97' C25 06%%D07'29"572.00'61.14' C26 06%%D15'00"572.00'62.40' C27 05%%D53'41"572.00'58.85' C28 06%%D04'20"572.00'60.62' C29 543.00'23.02' C30 05%%D17'53"543.00'50.21' C31 05%%D21'54"543.00'50.84' C32 05%%D29'03"543.00'51.97' C33 05%%D40'00"543.00'53.70' C34 90%%D00'00"15.00'23.56' C35 90%%D00'00"15.00'23.56' C36 90%%D00'00"15.00'23.56' C37 653.00'48.49' C38 00%%D51'56"653.00'9.87' C39 653.00'38.63' C40 653.00'291.38' C41 653.00'22.52' C42 05%%D29'03"653.00'62.50' C43 05%%D40'00"653.00'64.58' C44 653.00'47.55' C45 653.00'47.96' C46 653.00'44.94' C47 653.00'46.22' LINE DATA NO.BEARING LENGTH L1 217.72' L2 N 89%%D56'07" E 16.00' L3 17.86' L4 61.97' L5 31.83' L6 N 89%%D56'07" E 80.00' N 89%%D56'07" E 86.00' L8 161.06' L9 71.05' L10 20.25' SEE SHEET 2 FOR EASEMENT NOTES SEE SHEET 3 FOR SURVEYOR'S NOTES, AND BOUNDARY DIMENSIONS 1.133 AC. (OPEN SPACE) 2.104 AC. 5' PUE 5' PUE 5' PUE 5' PUE 5' PUE 5' PUE \pxqc;{\W0.9;0.247 AC. (OPEN SPACE)} 37 6 . 8 6 ' SEE SHEET 11 SEE SHEET 10 SE E S H E E T 6 SEE SHEET 6 (PUBLIC STREET) (PUBLIC STREET) 2.710 AC. 2.307 AC. (OPEN SPACE) SEE SHEET 11 SEE SHEET 8 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 37506-3 BEING A SUBDIVISION OF A PORTION OF PARCELS 4, 5 AND 6 OF PARCEL MAP NO. 31730, AS SHOWN BY MAP ON FILE IN BOOK 211, AT PAGES 63 THROUGH 75, INCLUSIVE, OF MAPS, AND PARCEL A OF P.M.W. NO. 06-01, AS SHOWN ON DOC. NO. 2006-0668994, REC. 9/8/2006, O.R., LOCATED IN SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M. (N 89%%D56'07" E) L5 (L10)R10.22' (302.93')R1 DETAIL "A" {NOT TO SCALE} 302.71 LOT "P" LOT "N" 0. 2 6 1 A C . CA M E R O N P L A C E L11 N 89%%D56'07" E 56.00' 263 CR O M W E L L L A N E CA M E R O N P L A C E 107 115 LO T " C " LO T " D " LOT "G" NOT A PART NOT A PART LOT "I" 8,057 S.F. 7,734 S.F. 5,909 S.F. 5,909 S.F. 5,909 S.F. 5,915 S.F. 6,893 S.F. 7,111 S.F. 6,810 S.F. 6,057 S.F. 5,446 S.F. 4,950 S.F. 6,171 S.F. 5,939 S.F. 4,950 S.F. 4,950 S.F. 5,453 S.F. 6,276 S.F. 5,990 S.F. 6,652 S.F. 7,906 S.F. 9,631 S.F. 7,693 S.F. 6,600 S.F. 6,623 S.F. 6,904 S.F. 8,431 S.F. 5,261 S.F. 5,225 S.F. 5,225 S.F. 5,225 S.F. 5,225 S.F. 5,382 S.F. 5,933 S.F. 5,756 S.F. 56 57 85 86 87 88 89 90 99 100 101 102 103 104 105 106 107 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 87.37' N 89%%D56'07" E 90.00' N 89%%D56'07" E 90.00' 90 . 0 0 ' 90 . 0 0 ' 90 . 0 0 ' 88 . 4 4 ' N 89%%D56'07" E 130.48' N 89%%D56'07" E 121.79' N 89%%D56'07" E 120.00' N 89%%D56'07" E 120.00' 124.71' N 89%%D56'07" E 95.00' N 89%%D56'07" E 95.00' N 89%%D56'07" E 95.00' N 89%%D56'07" E 95.00' N 89%%D56'07" E 95.00' 95.69' 57 . 6 8 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 48 . 4 5 ' 40 . 2 9 ' 73 . 6 9 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 47 . 1 5 ' 55.00' 55.00' 55.00'4.02' 43 . 4 3 ' ∆= 1 2 0 42 ' 0 6 " R = 5 1 5 .0 0 ' = 1 0 8 4 . 9 2 ' ∆=3 9 0 4 ' 4 9 " =3 5 1 .2 ' ∆ = 6 2 3 4 ' 0 1 " R = 3 2 8 . 0 0 ' = 3 5 8 .1 8 ' ∆ = 6 2 3 4 ' 0 1 " R = 3 0 0 . 0 0 ' = 3 2 . 6 0 ' ∆ = 6 2 3 4 ' 0 1 " R = 2 2 . 0 0 ' = 29 .02 ' L1 ∆= 5 6 43 ' 3 1 " = 5 0 9 . 8 ' L2(R) 62.10' L3 ∆ = 6 2 3 4 ' 0 1 " R = 2 2 8 . 0 0 ' = 2 4 8 .9 8 ' ∆ = 6 2 3 4 ' 0 1 " R = 2 0 0 .0 0 ' = 2 1 8 . 4 0 ' ∆= 6 2 3 4 ' 0 1 " R = 1 2 .0 0 ' =1 8 .82 ' 37 6 . 8 6 ' 138.00'164.99' 40 . 7 6 ' 5.42' (L8)R2 6.23' 13.77' (L9)R2 (L10)R2 (L11)R2 (L 1 2 ) R 2 (L 1 3 ) R 2 6.33' 29.12' L14 ( R ) ( R ) (R) N 83%%D08'50" W (R) (R) (R) L15 (R) PCC (R) R=477.00' ( R ) R = 1 5 . 0 0 ' (L17)R2 (R) N 8 9 % % D 2 9 ' 1 0 " W ( R ) P C C 55 . 0 0 ' 55 . 0 0 ' C 5 C 6 C C 8C9 C 1 0 C 1 3 C 2 2 C 2 3 C 2 4 C 3 0 C 3 2 C3 3 C 4 2 C3 1 27 . 1 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 55 . 0 0 ' 43 . 3 3 ' C 3 C 2 C 1 C 1 8 16 . 2 3 ' 55 . 0 0 ' 15 . 8 7 ' C 2 5 C 2 6 C 2 L6 C 2 9 C 2 8 16 . 3 7 ' 55 . 0 0 ' 15 . 7 3 ' C 2 1 C 1 9 55.00' 55.00' 31.15' C 1 5 C 1 4 C12 C 4 3 L4 LO T " B " \A1;28'\A1;28' \A 1 ; 2 8 ' \A 1 ; 2 8 ' \A1;28' \A1;28' \A 1 ; 2 8 ' \A 1 ; 2 8 ' L16 (C 1) R2 (C3 6)R 2 (C 1 6)R 2 (C 3 )R 2 (72.10') R2 (72.84') R2 (C 2 0)R2 (C4 0) R 2 (C 4 1 ) R 2 (∆= 6 8 1 4 ' 1 4 " R= 48 .0 0 ' = 5 8 0 .0 0 ' ) R2 (C 3 8)R 2 (C 3 9 )R 2 7.78' ( R ) 8,473 S.F. N 66%%D26'02" E (R) ( R ) C 4 5 C 4 6 C 4 28 . 0 0 ' 27 . 8 9 ' 28.00' 28.00' C 3 5 (C 1 1)R 2 C 4 C 4 8 C 4 9 44 . 8 5 ' 44 . 9 6 ' ∆=1 5 5 0 ' 4 1 " =1 4 2 .4 2 ' ∆=2 3 1 4 ' 0 8 " =2 0 8 .8 5 ' 43.00' 43 . 0 0 ' 28.00' 28 . 0 0 ' 28.00' 28.00' 28 . 0 0 ' 44.96' C 5 0 43.00' \A1;28' L5 ( R ) L1 8 ( R ) J.N. 2497 0'80' SCALE 1"=40' 40'120'160' SHEET 8 OF 11 SHEETS SEE SHEET 2 FOR EASEMENT NOTES SEE SHEET 3 FOR SURVEYOR'S NOTES, AND BOUNDARY DIMENSIONS CURVE DATA NO.DELTA RADIUS LENGTH (C1)272.00'80.25' C2 272.00'76.05' C3 272.00'16.13' C4 90%%D00'00"15.00'23.56' C5 90%%D00'00"15.00'23.56' C6 487.00'90.25' C7 487.00'86.95' C8 487.00'88.86' C9 300.00'113.24' C10 95%%D13'37"15.00'24.93' (C11)88%%D28'16"15.00'23.16' C12 06%%D45'21"15.00'1.77' C13 272.00'102.67' C14 272.00'67.23' C15 272.00'35.44' (C16)228.00'19.58' C17 228.00'52.81' C18 09%%D22'37"228.00'37.31' C19 172.00'83.14' (C20)172.00'34.14' C21 172.00'70.55' C22 428.00'118.36' C23 400.00'110.62' C24 372.00'102.87' C25 05%%D14'42"428.00'39.18' C26 428.00'55.72' C27 428.00'23.46' C28 372.00'50.64' C29 08%%D02'43"372.00'52.23' C30 95%%D13'38"15.00'24.93' C31 15.00'6.24' C32 15.00'18.69' C33 96%%D29'48"15.00'25.26' C34 15.00'1.00' (C35)92%%D39'51"15.00'24.26' (C36)63%%D39'55"20.00'22.22' (C37)39%%D45'34"20.00'13.88' (C38)90%%D00'00"15.00'23.56' (C39)15.00'19.55' (C40)15.00'19.50' (C41)90%%D00'00"15.00'23.56' C42 477.00'102.61' LINE DATA NO.BEARING LENGTH L1 N 89%%D56'07" E 86.00' L2 128.64' L3 17.13' L4 26.08' L5 71.05' L6 26.20' 46.18' (L8)N 83%%D08'50" W 20.00' (L9)21.41' (L10)N 85%%D34'35" E 31.23' (L11)31.76' (L12)N 08%%D03'36" W 37.50' (L13)36.52' L14 N 89%%D56'07" E 18.99' L15 35.45' L16 26.54' (L17)10.47' L18 99.78' SEE DETAIL "A" BELOW C43 10.00'13.55' 5' PUE 5' PUE 5' PUE 5' PUE 5' PUE (PUBLIC PARK) (PUBLIC PARK) 0.102 AC. (OPEN SPACE) 0. 9 7 1 A C . (PUBLIC STREET) SEE SHEET 9 SEE SHEET 9 SE E S H E E T 6 SEE SHEET 7 SE E S H E E T 1 0 SE E S H E E T 1 0 2. 1 0 4 A C . 1. 4 2 0 A C . (P U B L I C S T R E E T ) (P U B L I C S T R E E T ) C34 C33 (C35)R2 (84.82')R2 99 NOT A PART DETAIL "A" {NOT TO SCALE} (PUBLIC PARK) C44 C44 08%%D31'10"15.00'2.23' 66.54' C7 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 R2 C45 175.90'83.68' C46 175.90'63.58' C47 228.00'55.55' R2 C48 05%%D15'53"515.00'47.32' C49 05%%D13'38"515.00'46.98' C50 05%%D13'37"515.00'46.98' CLINE PARKWAY CL I N E PA R K W A Y IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 37506-3 BEING A SUBDIVISION OF A PORTION OF PARCELS 4, 5 AND 6 OF PARCEL MAP NO. 31730, AS SHOWN BY MAP ON FILE IN BOOK 211, AT PAGES 63 THROUGH 75, INCLUSIVE, OF MAPS, AND PARCEL A OF P.M.W. NO. 06-01, AS SHOWN ON DOC. NO. 2006-0668994, REC. 9/8/2006, O.R., LOCATED IN SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M. (L17)R2 L6 (R) R=15.00' (R) R=487.00' (R) CITY PARK DOC. NO. 2021-0239079 REC. 04/16/2021, O.R. CITY PARK DOC. NO. 2021-0239079 REC. 04/16/2021, O.R. 264 LO T " J " CROMWELL LANE CAMERON PLACE 107 LO T " B " LOT "C" LOT "D" CLINE PARKWAY LO T " T " NOT A PART LOT "M" 6,896 S.F. 6,139 S.F. 6,999 S.F. 5,463 S.F. 5,923 S.F. 4,950 S.F. 4,950 S.F. 5,453 S.F. 6,276 S.F. 8,254 S.F. 6,407 S.F. 6,024 S.F. 5,990 S.F. 5,990 S.F. 6,652 S.F. 7,906 S.F. 5,933 S.F. 6,001 S.F. 5,756 S.F. 5,285 S.F. 5,286 S.F. 5,286 S.F. 5,286 S.F. 5,285 S.F. 5,286 S.F. 5,693 S.F. 7,677 S.F. 7,008 S.F. 6,744 S.F. 6,621 S.F. 6,600 S.F. 6,600 S.F. 6,600 S.F. 6,600 S.F. 6,698 S.F. 1 2 3 76 77 105 106 107 108 109 110 111 112 113 114 115 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 96 . 1 0 ' 96 . 1 0 ' 11 2 . 2 5 ' 96 . 1 0 ' 10 8 . 9 0 ' 96 . 1 0 ' 10 8 . 9 0 ' 96 . 1 0 ' 10 8 . 9 0 ' 96 . 1 0 ' 11 1 . 4 5 ' 96 . 1 0 ' 12 3 . 2 0 ' 61.48' 68.56' 55.00' 55.00' 55.00' 55.00' 57.91' 20.04' 55.00' 55.00' 12 0 . 0 0 ' 12 0 . 0 0 ' 12 0 . 0 0 ' 12 0 . 0 0 ' 12 0 . 0 0 ' 12 1 . 1 3 ' 12 4 . 5 1 ' 13 1 . 6 2 ' 55.00' 55.00' 55.00' 55.00' 52.43' 10.10' 14 9 . 5 6 ' 87 . 9 1 ' L1 ( R ) L2 ∆= 6 2 3 4 ' 0 1 " R =3 2 8 .0 0 ' =3 5 8 .1 8 ' ∆= 6 2 3 4 ' 0 1 " R =3 0 0 .0 0 ' =3 2 .6 0 ' ∆= 62 3 4 ' 0 1 " R =2 2 .0 0 ' =2 9 .0 2 ' ∆ = 1 9 4 0 '0 9 " R = 4 8 . 0 0 ' = 1 6 . 1 8 ' L3 L4 62.09' L5 13.64' L8 7.70'18.61' N 28%%D16'51" E (R) PCC N 28%%D29'38" E (R) PCC ( R ) ( R ) ( R ) ( R ) (R) (R) ( R ) ( R ) P C C ( R ) ( R ) ( R ) ( R ) (R) N 28%%D38'35" E (R) PRC ( R ) ( R ) C 1 C 2 C 3 C 8 C9 C 1 5 C 1 6 C 1 C 1 9 C 2 3 C 2 C2 8 C2 9 C 3 0 C 3 2 C 3 3 C 3 4 C 3 5 C 3 6 C 3 C 3 8 C 3 9 20.95' 55.00' 55.00' 24.13' 55.00' 55.00' 55.00' 55.00' 55.00' 55.00' 30.82' 34.90' 55.00' 55.00' 55.00' 55.00' 55.00' 20.04' 55.00' 14.22' 96 . 1 0 ' C10 C4 C18 15 8 . 0 0 ' ∆=0 9 2 8 ' 3 8 " =2 2 0 .8 2 ' COLLEGE DRIVE \A 1 ; 2 8 ' \A1;28' \A1;28' \A 1 ; 2 8 ' \A 1 ; 2 8 ' \A 1 ; 2 8 ' \A 1 ; 2 8 ' \A 1 ; 3 8 ' L6 \A 1 ; 2 8 ' (∆=1 6 1 8 ' 2 9 " R =1 3 3 5 .0 0 ' =3 9 .9 8 ')R 1 (R) 38 . 0 0 ' ∆ = 1 2 0 4 2 ' 0 6 " R = 5 1 5 . 0 0 ' = 1 0 8 4 . 9 2 ' C 4 2 C 4 3 C 4 4 ( R ) (∆=1 9 5 2 '3 9 " R =1 2 9 .0 0 ' =4 4 9 .9 ')R 1 (C 4 5)R 1 C 2 6 ( R ) C 4 6 C 3 1 43 . 8 0 ' 42 . 2 5 ' C 4 C 4 8 C 4 0 C 5 28.00' 28 . 0 0 ' 28 . 0 0 ' 28.00' 28.00' C 4 9 ∆ = 2 4 5 3 '4 6 " = 2 2 3 . 8 ' 44.96' 28 . 0 0 ' C2 5 C 2 4 C 2 2 C 2 1 C 2 0 C 12 C 1 1 C C 1 3 C 1 4 C 6 (C 4 1)R 1 ,R 3 J.N. 2497 SHEET 9 OF 11 SHEETS 0'80' SCALE 1"=40' 40'120'160' CURVE DATA NO.DELTA RADIUS LENGTH C1 11.00'16.83' C2 92%%D08'35"15.00'24.12' C3 15.00'18.46' C4 15.00'5.66' C5 1193.00'68.06' C6 1165.00'22.89' C7 1221.00'27.16' C8 88%%D00'22"15.00'23.04' C9 15.00'19.01' C10 15.00'4.03' C11 05%%D24'04"328.00'30.92' C12 09%%D46'35"328.00'55.97' C13 272.00'48.40' C14 272.00'76.19' C15 487.00'88.86' C16 95%%D13'37"15.00'24.93' C17 68%%D24'40"15.00'17.91' C18 26%%D48'57"15.00'7.02' C19 328.00'123.81' C20 328.00'26.61' C21 09%%D50'11"328.00'56.31' C22 328.00'40.89' C23 300.00'113.24' C24 08%%D02'36"228.00'32.01' C25 228.00'51.72' C27 39%%D45'34"20.00'13.88' C28 175.90'83.68' C29 175.90'52.37' C30 175.90'31.30' C32 06%%D32'50"175.90'20.10' C33 477.00'101.36' C34 1345.00'55.58' C35 1345.00'55.29' C36 1345.00'55.11' C37 1345.00'55.02' C38 62%%D34'01"200.00'218.40' C39 62%%D34'01"228.00'248.98' LINE DATA NO.BEARING LENGTH L1 4.00' L2 86.06' L3 45.66' L4 128.64' L5 17.13' L6 21.41' N 68%%D48'06" E 26.31' L8 26.27' SEE SHEET 2 FOR EASEMENT NOTES SEE SHEET 3 FOR SURVEYOR'S NOTES, AND BOUNDARY DIMENSIONS C40 1193.00'341.97' 5' PUE 5' PUE 5' PUE 5' PUE 5' PUE 5' PUE 0.971 AC. TRACT MAP NO. 37506-2 M.B. (C41)1035.00'410.82'R1, R3 SE E S H E E T 1 0 SEE SHEET 8 SE E S H E E T 4 SEE SHEET 8 S.F.N. (PUBLIC STREET) 2. 1 0 4 A C . (P U B L I C S T R E E T ) SE E S H E E T 4 C42 00%%D54'45"1035.00'16.48' C43 1035.00'42.56' C44 1035.00'351.78' 1.420 AC. (PUBLIC STREET) 6 (C45)997.00'395.74'R1 (PUBLIC STREET) C26 997.00'56.88' C31 09%%D24'50"1345.00'220.99' 115 C46 997.00'338.86' 0.140 AC. (OPEN SPACE) 0. 0 7 7 A C . (O P E N SP A C E ) C47 1193.00'44.62' C48 1193.00'41.52' C49 05%%D13'37"515.00'46.98' IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 37506-3 BEING A SUBDIVISION OF A PORTION OF PARCELS 4, 5 AND 6 OF PARCEL MAP NO. 31730, AS SHOWN BY MAP ON FILE IN BOOK 211, AT PAGES 63 THROUGH 75, INCLUSIVE, OF MAPS, AND PARCEL A OF P.M.W. NO. 06-01, AS SHOWN ON DOC. NO. 2006-0668994, REC. 9/8/2006, O.R., LOCATED IN SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M. 265 CAMERON PLACE 11 5 LOT "A" LOT "C" NOT A PART NOT A PART 7, 9 0 6 S . F . 8, 4 7 3 S . F . 9, 6 3 1 S . F . 7, 6 9 3 S . F . 6,600 S.F. 5, 2 6 1 S . F . 5, 2 2 5 S . F . 5, 2 2 5 S . F . 5, 2 2 5 S . F . 5, 2 2 5 S . F . 5, 3 8 2 S . F . 5, 9 3 3 S . F . 6, 0 0 1 S . F . 5, 7 5 6 S . F . 5, 2 8 5 S . F . 5, 2 8 6 S . F . 5, 2 8 6 S . F . 7, 0 0 8 S . F . 6, 7 4 4 S . F . 11 4 11 511 6 11 7 122 123 124 125 126 127 128 129 13 0 13 1 13 2 13 3 138 13 9 14 0 (L1)R1 ∆=6 2 3 4 '0 1 " R =3 2 8 .0 0 ' =3 5 8 .1 8 ' ∆=6 2 3 4 '0 1 " R =3 0 0 .0 0 ' =3 2 .6 0 ' ∆=6 2 3 4 '0 1 "R =2 2 .0 0 ' =2 9 . 0 2 ' (L2)R2 L3 L5 376.86' 13 8 . 0 0 ' (118.06')R2 43.00' ( R ) P R C N 89%%D56'07" E ( R ) C 4 ( R ) LOT "I" CL I N E P A R K W A Y LO T " B " \A 1 ; 2 8 ' \A 1 ; 2 8 ' \A 1 ; 2 8 ' \A 1 ; 2 8 ' \A 1 ; 3 8 ' \A1;38' (∆ = 1 6 1 8 '2 9 " R = 1 3 3 5 . 0 0 ' = 3 9 . 9 8 ')R 1PACIFIC AVENUE COLLEGE DRIVE 38 . 0 0 ' C 5 217.72' 28' (∆ = 5 1 6 '1 3 " R = 1 2 9 . 0 0 ' = 1 2 9 6 . 42 ')R 1 (∆ = 1 9 5 2 '3 9 " = 4 49 . 9 ')R 1 (∆=0 9 4 1 ' 3 5 " R =3 1 2 .0 0 ' =5 2 9 .0 1 ')R 1 (∆=0 3 5 ' 0 3 " =4 1 8 .9 5 ')R2 (∆=0 8 1 1 ' 0 8 " R =3 1 6 5 .0 0 ' =4 5 2 .1 ')R 1 (∆ = 0 6 49 '5 1 " = 1 5 9 . 1 6 ')R 2 (C 1 )R 1 &R 2 (L4)R2 ( C 2)R2 54 . 0 0 ' (∆=4 2 3 '2 2 " =2 1 .2 9 ')R 2 (C 3 )R 2 (R) PRC N 89%%D27'48" W ( R ) ( R ) J.N. 2497 SHEET 10 OF 11 SHEETS 0'160' SCALE 1"=80' 80'240'320' CURVE DATA NO.DELTA RADIUS LENGTH (C1)46.00'69.90' (C2)90%%D00'00"15.00'23.56' (C3)90%%D00'00"15.00'23.56' C4 90%%D00'00"15.00'23.56' LINE DATA NO.BEARING LENGTH (L1)N 89%%D56'07" E 16.00' (L2)91.33' L3 161.06' (L4)N 89%%D56'07" E 80.00' L5 N 89%%D56'07" E 86.00' SEE SHEET 2 FOR EASEMENT NOTES SEE SHEET 3 FOR SURVEYOR'S NOTES, AND BOUNDARY DIMENSIONS LO T " I " \pxqc;0.076 AC. LO T " M " 2. 1 0 4 A C . R1 R1 TRACT MAP NO. 37506-1 M.B. 476/51-62 TRACT MAP NO. 37506-2 M.B. 486/11-23 1 SEE SHEET 8 SEE SHEET 9 \pxqc;(PUBLIC STREET) \pxqc;(PUBLIC STREET) (PUBLIC STREET) 1.420 AC. \p x q c ; ( P U B L I C S T R E E T ) (P U B L I C S T R E E T ) C5 00%%D36'05"3165.00'33.22' R2 R2 R2 R2 THE PURPOSE OF THIS SHEET IS TO DIMENSION LOT "A". IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 37506-3 BEING A SUBDIVISION OF A PORTION OF PARCELS 4, 5 AND 6 OF PARCEL MAP NO. 31730, AS SHOWN BY MAP ON FILE IN BOOK 211, AT PAGES 63 THROUGH 75, INCLUSIVE, OF MAPS, AND PARCEL A OF P.M.W. NO. 06-01, AS SHOWN ON DOC. NO. 2006-0668994, REC. 9/8/2006, O.R., LOCATED IN SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M. \pxqc;(PUBLIC PARK) \pxqc;(PUBLIC PARK) CITY PARK DOC. NO. 2021-0239079 REC. 04/16/2021, O.R. 266 LO T " J " LOT "N" ST R E E T " D " STREET "D"ST R E E T " C " ST R E E T " G " LOT "E" STREET "F" ST R E E T " E " LO T " E " STREET "E" 20 71 81 99 107 115 LO T " A " LOT "B" LO T " B " LO T " C " STREET "E" LOT "D" LO T " D " ST R E E T " B " STREET "B" LOT "F" LOT "E" LO T " E " ST R E E T " E " LO T " G " LOT "O"LOT "R" LO T " Q " LOT "T" LOT "S" LOT "R" LOT "I" LOT "P" 6,865 S.F. 6,879 S.F. 6,034 S.F. 6,034 S.F. 6,567 S.F. 7,015 S.F.7,344 S.F.7,024 S.F.7,259 S.F.7,532 S.F.8,521 S.F. 8,057 S.F. 7,734 S.F. 7,048 S.F. 7,102 S.F. 7,080 S.F. 6,984 S.F. 6,811 S.F. 6,560 S.F. 6,140 S.F. 5,521 S.F. 8,161 S.F. 7,414 S.F. 7,061 S.F. 7,767 S.F. 8,761 S.F. 7,857 S.F. 7,339 S.F. 9,231 S.F. 8,953 S.F. 7,510 S.F. 8,457 S.F. 5,813 S.F. 5,909 S.F. 5,909 S.F. 5,909 S.F. 5,909 S.F. 5,909 S.F. 5,915 S.F. 6,893 S.F. 7,111 S.F.6,810 S.F.6,506 S.F.6,296 S.F.6,159 S.F. 5,963 S.F. 5,507 S.F. 5,266 S.F. 6,271 S.F. 6,057 S.F. 5,446 S.F. 4,950 S.F. 6,171 S.F. 5,939 S.F.4,950 S.F.4,950 S.F.5,453 S.F.6,276 S.F. 8,254 S.F.6,407 S.F.6,024 S.F.5,990 S.F.5,990 S.F.6,652 S.F.7,906 S.F. 8,473 S.F. 9,631 S.F. 7,693 S.F. 6,600 S.F. 6,623 S.F. 6,904 S.F. 8,431 S.F. 5,261 S.F. 5,225 S.F. 5,225 S.F. 5,225 S.F. 5,225 S.F. 5,382 S.F. 5,933 S.F. 6,001 S.F. 11 12 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 29 30 31 3233 343536 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 78 79 80 81 82 83 84 85 86 87 88 89 9091929394 95 96 97 98 99 100 101 102 103 104 105 106 107 108109110111112113114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 ∆=4 5 2 2 '3 6 " =3 2 .5 ' L1 L2 L3 20.79'11.04' ∆=3 4 0 8 '1 8 "R =9 1 5 . 0 0 ' =5 4 5 .1 8 ' ∆= 2 0 4 ' 2 1 " R= 1 0 5 .0 0 ' = 5 0 .9 4 ' L4 L6 L1 0 L11 L13 L1 4 ( R ) 17 7 . 8 1 ' 19 1 . 5 4 ' C 2 C 3 C 4 C 5 L1 6 ( R ) L17 L18 L19 20 . 0 0 ' 65.77' C 6 ( R ) ( R ) (R) ( R ) ( R ) (R) PRC L9 L12 ( R ) P R C 302.71' (∆=9 2 2 0 '2 0 " R =9 2 5 .0 0 ' =1 4 9 0 .5 ')R 1 \A 1 ; 7 5 ' GERALD FORD DRIVE 0.22' L8 C 1 L5 ∆= 4 6 5 ' 4 4 " = 5 8 .1 ' (373.93')R1 (∆=9 2 2 0 '2 0 "R =1 0 0 0 . 0 0 '=1 6 1 1 .6 2 ')R 1 ∆=2 4 2 '2 5 "R =2 8 . 0 0 '=3 5 2 .0 4 ' ∆= 21 5 ' 03 " R= 1 1 0 5 .0 0 ' = 42 3 .3 4 ' N 86%%D07'22" E (R) (R) ( R ) LOT "H" 0'160' SCALE 1"=80' 80'240'320' SHEET 11 OF 11 SHEETS J.N. 2497 LOT "N" 28 . 0 4 ' 14 . 3 2 ' L1 4 17 7 . 8 1 ' 19 1 . 5 4 ' 20.00' CURVE DATA NO.DELTA RADIUS LENGTH C1 06%%D09'05"895.00'96.09' C2 628.00'183.96' C3 628.00'20.00' C4 628.00'112.90' C5 628.00'51.06' C6 26%%D35'03"181.00'83.98' LINE DATA NO.BEARING LENGTH L1 61.97' L2 103.56' L3 31.83' L4 132.11' L5 44.67' L6 81.53' 46.21' L8 115.06' L9 118.80' L10 61.72' L11 60.81' L12 125.26' L13 156.98' L14 205.85' L16 100.00' L17 85.77' L18 93.56' L19 12.87' L13 L13 ∆=4 5 2 2 '3 6 " =3 2 .5 ' 65.77'∆=4 6 5 ' 4 4 " = 5 8 .1 ' LOT "R" LO T " H " LOT "P" LOT "Q" 33 DETAIL "A" {NOT TO SCALE} SEE DETAIL "A" AT BOTTOM 2.307 AC. (OPEN SPACE) 0.611 AC. (WELL SITE) 0.247 AC. (OPEN SPACE) 1.133 AC. (OPEN SPACE) 0.088 AC. (OPEN SPACE) 0. 9 2 1 A C . (O P E N SP A C E ) A 42' (∆=9 2 2 0 ' 2 0 " R =9 2 5 .0 0 ' =1 4 9 0 .5 ')R 1 SEE SHEET 4 SEE SHEET 6 SE E S H E E T 5 SEE SHEET 2 FOR EASEMENT NOTES SEE SHEET 3 FOR SURVEYOR'S NOTES, AND BOUNDARY DIMENSIONS 4 THE PURPOSE OF THIS SHEET IS TO DIMENSION LOTS "H", "O", "P", "Q" AND "R" IN THEIR ENTIRETY. IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 37506-3 BEING A SUBDIVISION OF A PORTION OF PARCELS 4, 5 AND 6 OF PARCEL MAP NO. 31730, AS SHOWN BY MAP ON FILE IN BOOK 211, AT PAGES 63 THROUGH 75, INCLUSIVE, OF MAPS, AND PARCEL A OF P.M.W. NO. 06-01, AS SHOWN ON DOC. NO. 2006-0668994, REC. 9/8/2006, O.R., LOCATED IN SECTION 33, TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M. 0.611 AC. (WELL SITE) 0.247 AC. (OPEN SPACE) 0.921 AC. (OPEN SPACE)0. 0 8 8 A C . (O P E N S P A C E ) SEE DETAIL "A" ON SHEET 7 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: November 14, 2024 PREPARED BY: Kevin Swartz, Project Manager Chris Gerry, Senior Project Manager Randy Chavez, Deputy Director of Public Works SUBJECT: AWARD A CONTRACT TO R DEPENDABLE CONSTRUCTION, INC., FOR ADA UPGRADES AT THE STATE BUILDING (PROJECT NO. MFA00011) RECOMMENDATION: 1. Award a contract to R Dependable Construction, Inc., of San Bernardino, California, for ADA Upgrades at the State Building in the amount of $279,900, plus a $28,000 contingency. 2. Authorize the City Attorney to make necessary nonmonetary changes to the contract. 3. Authorize the City Manager to execute the agreement and written requests for change orders up to the contingency amount, amendments, and 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 authorize the City Clerk to file the NOC upon satisfactory completion of the Project. BACKGROUND/ANALYSIS: On January 26, 2023, the City awarded a contract to Marks Architects, Inc., for architectural design and structural engineering services at the Parkview Office Complex, which included the adjacent State Building. The scope of work covered exterior and interior design improvements, building assessments, and cost evaluations, with a focus on energy efficiency, ADA compliance, structural integrity, and tenant improvements. The study identified several ADA upgrades needed for the State Building, resulting in the design of the State Building ADA Upgrades project. This project aims to ensure accessible paths of travel from the parking lot to building entrances and upgrade restrooms to meet current accessibility standards. Although the original project bid and contract were titled “ADA Upgrades for Parkview Office Complex,” the actions now focus solely on the State Building, as the Parkview Building upgrades have been cancelled. The project was advertised on September 17, 2024, and three bids were received by October 17, 2024, as follows: Contractor Location Total Bid R Dependable Construction, Inc. San Bernardino, CA $279,900 We R Builders, Inc. Glendale, CA $325,000 MLC Constructors, Inc. Corona, CA $336,137 313 City of Palm Desert ADA Upgrades at the State Building Page 2 of 2 R Dependable Construction, Inc., submitted the lowest responsive bid, which has been reviewed and confirmed to be fully compliant with all bid requirements. Although the project was originally advertised as ADA Upgrades for Parkview Office Complex (Project No. CDA00001), it has been renamed to ADA Upgrades at the State Building (Project No. MFA00011). The project is scheduled for completion within 90 days after the issuance of the Notice to Proceed, which is expected in early December. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: Funds totaling $7,700,000 were allocated in the approved Capital Improvement Project (CIP) List for Fiscal Year 2024-25 under OC Enterprise Account No. 5104361-4400100 for improvements to both the Parkview and State Buildings. To date, costs for both projects amount to $2,554,024.80, leaving a balance of $4,277 ,948.20. Of that balance, $2,507,994.20 is specifically available for the State Building Improvements Project, inclusive of the ADA upgrades. The ADA upgrade bid, including contingency totals $307,900, which falls well within the Engineer’s estimate at $350,000. Description Parkview Bldg. State Bldg. Total Budget - 5104361-4400100 $2,850,000 $4,850,000 $7,700,000 Less: TI Improvements – ServPro C44620D $602,548.80 $602,548.80 Reroof – Garland C44600 $1,181,557.00 $1,181,557.00 *Design – Marks Architect C44660 $907,400.00 $235,000.00 $1,142,400.00 *Design Contingency – Marks C44660 $135,000.00 $15,000.00 $150,000.00 TO005939 Parkview – Ste 201/212 $37,646.00 $37,646.00 **ADA Upgrades – R Dependable $279,900.00 $279,900.00 **ADA Upgrades - Contingency $28,000.00 $28,000.00 Budget Balance: $1,769,954.00 $2,507,994.20 $4,277,948.20 * Includes architectural design and engineering services in Parkview Office Complex and the State Building. ** Current request ATTACHMENTS: 1. Agreement 2. Payment and Performance Bonds 3. Contractor’s Proposal 4. Vicinity Map 314 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 14th day of November, 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 R Dependable Construction, a Corporation, with its principal place of business at 1019 West 3rd Street, Suite B, San Bernardino, CA 92410 ("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: ADA Upgrades at the State Building Project No. MFA00011 (hereinafter referred to as “the Project”). 73-720 Fred Waring Drive 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 Calendar 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 Contrac t, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of TWO HUNDRED SEVENTY NINE THOUSAND NINE HUNDRED DOLLARS AND NO CENTS ($279,900.00). 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 315 Contract No. ___________ 2 Revised 01-2024 BBK 72500.00001\32374943.1 is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor. ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following: Notice Inviting Bids Instructions to Bidders Bid Forms Bid Acknowledgement Bid Schedule Bid Guarantee Designation of Subcontractors Information Required of Bidders Non-Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor DIR Registration Certification Performance Bond Payment (Labor and Materials) Bond Contract for Construction General Conditions Special Conditions Specifications Addenda Construction Plans and Drawings Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9 Standard Plans of the City of Palm Desert, latest edition Standard Plans for Public Works Construction, latest edition Caltrans Standard Specifications, latest edition, Except Division 1 Caltrans Standard Plans, latest edition California Manual on Traffic Control Devices for Streets and Highways (CAMUTCD), latest edition Work Area Traffic Control Handbook, latest edition Reference Specifications Approved and fully executed Change Orders Permits Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. 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. 316 Contract No. ___________ 3 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. 317 Contract No. ___________ 4 Revised 01-2024 BBK 72500.00001\32374943.1 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; 318 Contract No. ___________ 5 Revised 01-2024 BBK 72500.00001\32374943.1 (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 319 Contract No. ___________ 6 Revised 01-2024 BBK 72500.00001\32374943.1 satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured. 4. Products/Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage. 5. City’s Rights of Enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract. 6. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. 7. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors. 8. Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 9. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverag e 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 320 Contract No. ___________ 7 Revised 01-2024 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. 321 Contract No. ___________ 8 Revised 01-2024 BBK 72500.00001\32374943.1 18. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 19. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. ARTICLE 9. FALSE CLAIMS. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [SIGNATURES ON FOLLOWING PAGE] 322 Contract No. ___________ 9 Revised 01-2024 BBK 72500.00001\32374943.1 SIGNATURE PAGE TO LONG FORM CONSTRUCTION AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND R DEPENDABLE CONSTRUCTION, 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 R DEPENDABLE CONSTRUCTION, A CORPORATION By: Rosemary Padilla Chief Executive Officer By: Rosemary Padilla Chief Financial Officer Contractor’s License Number and Classification DIR Registration Number (if applicable) City Clerk QC: _____ Contracts QC: _____ Insurance: _____ Initial Review _____ Final Approval _____ Bonds 323 324 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 R Dependable Construction, Inc., (hereinafter referred to as the “Contractor”) an agreement for ADA Upgrades at the State Building (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated November 14, 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, R Dependable Construction, 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 Two Hundred Seventy Nine Thousand Nine Hundred Dollars, ($279,900.00), 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 325 Contract No. ___________ (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in def ault, 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] 326 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. 327 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 328 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 329 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 November 14, 2024, has awarded to R Dependable Construction, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows: ADA Upgrades at the State Building (the “Project”).; and WHEREAS, the work to be performed by the Principal is more particularly set forth in t he Contract Documents for the Project dated November 14, 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 Two Hundred Seventy Nine Thousand Nine Hundred Dollars, ($279,900.00) 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 330 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] 331 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. 332 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 333 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 334 City of Palm Desert CP - Capital Improvement Projects Jess Culpeper, Director of Capital Projects 73-510 Fred Waring Drive, Palm Desert, CA 92260 [R DEPENDABLE CONST INC] RESPONSE DOCUMENT REPORT IFB No. CDA00001 ADA Upgrades for Parkview Office Complex RESPONSE DEADLINE: October 17, 2024 at 2:00 pm Report Generated: Monday, October 21, 2024 R DEPENDABLE CONST INC Response CONTACT INFORMATION Company: R DEPENDABLE CONST INC Email: estimating@rdpconstinc.com Contact: Rosemary Padilla Address: 1019 W. 3RD ST. Suite "B" SAN BERNARDINO, CA 92410 Phone: (909) 381-2310 Website: N/A Submission Date: Oct 16, 2024 10:47 AM (Pacific Time) 335 [R DEPENDABLE CONST INC] RESPONSE DOCUMENT REPORT IFB No. CDA00001 ADA Upgrades for Parkview Office Complex [R DEPENDABLE CONST INC] RESPONSE DOCUMENT REPORT PUBLIC WORKS - ADA Upgrades for Parkview Office Complex 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 CDA00001 and in accordance 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. 336 [R DEPENDABLE CONST INC] RESPONSE DOCUMENT REPORT IFB No. CDA00001 ADA Upgrades for Parkview Office Complex [R DEPENDABLE CONST INC] RESPONSE DOCUMENT REPORT PUBLIC WORKS - ADA Upgrades for Parkview Office Complex Page 3 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 INTO 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). 337 [R DEPENDABLE CONST INC] RESPONSE DOCUMENT REPORT IFB No. CDA00001 ADA Upgrades for Parkview Office Complex [R DEPENDABLE CONST INC] RESPONSE DOCUMENT REPORT PUBLIC WORKS - ADA Upgrades for Parkview Office Complex Page 4 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. Hard Copy Original Bid Bond (delivered before bid submittal deadline) 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: No response submitted Vendor ID: No response submitted 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 (Surety) - Diamond Valley Insurance Services, Inc (Broker) Click to Verify Value will be copied to clipboard 338 [R DEPENDABLE CONST INC] RESPONSE DOCUMENT REPORT IFB No. CDA00001 ADA Upgrades for Parkview Office Complex [R DEPENDABLE CONST INC] RESPONSE DOCUMENT REPORT PUBLIC WORKS - ADA Upgrades for Parkview Office Complex Page 5 6. DESIGNATION OF SUBCONTRACTORS* Please download the below documents, complete, and upload. • DESIGNATION_OF_SUBCONTRACTO... RDP_-_DESIGNATION_OF_SUBCONTRACTORS.pdf 7. BIDDER INFORMATION AND EXPERIENCE FORM* Please download the below documents, complete, and upload. • BIDDER_INFORMATION_AND_EXPE... RDP_-_BIDDER_INFORMATION_AND_EXPERIENCE_FORM.pdf 8. NON-COLLUSION DECLARATION* The undersigned declares: I am an authorized representative of my company, the party making the foregoing Bid, to certify the following. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organizat ion, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited 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 agreeme nt, 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, d irectly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged info rmation 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 suc h 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 full power to exec ute, 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. 339 [R DEPENDABLE CONST INC] RESPONSE DOCUMENT REPORT IFB No. CDA00001 ADA Upgrades for Parkview Office Complex [R DEPENDABLE CONST INC] RESPONSE DOCUMENT REPORT PUBLIC WORKS - ADA Upgrades for Parkview Office Complex Page 6 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. 1000002054 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. 340 [R DEPENDABLE CONST INC] RESPONSE DOCUMENT REPORT IFB No. CDA00001 ADA Upgrades for Parkview Office Complex [R DEPENDABLE CONST INC] RESPONSE DOCUMENT REPORT PUBLIC WORKS - ADA Upgrades for Parkview Office Complex Page 7 944088 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 does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto. 14. Fleet Compliance Documentation* Please attach supporting documentation for the selection made in the above item. RDP_-_FLEET_COMPLIANCE_DOCUMENTATION.pdf 15. Type of Business* S Corporation (if corporation, two signatures are required) 16. Type your Legal Company Name Here* State your Company's Name Here. This will be verified against the California Secretary of State's Website. R DEPENDABLE CONST INC Click to Verify Value will be copied to clipboard 341 [R DEPENDABLE CONST INC] RESPONSE DOCUMENT REPORT IFB No. CDA00001 ADA Upgrades for Parkview Office Complex [R DEPENDABLE CONST INC] RESPONSE DOCUMENT REPORT PUBLIC WORKS - ADA Upgrades for Parkview Office Complex Page 8 17. How many years has Bidder’s organization been in business as a Contractor? * 14 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 ROSEMARY PADILLA / PRESIDENT - 1019 W. 3RD STREET, SAN BERNARDINO, CA 92410 - estimating1@rdpconstinc.com - (909)381- 2310 ROSEMARY PADILLA / SECRETARY - 1019 W. 3RD STREET, SAN BERNARDINO, CA 92410 - estimating1@rdpconstinc.com - (909)381- 2310 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 fai rly, without discrimination based on race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gend er, gender identity, gender expression, sexual orientation, or membership in any other protected class. For any purchase exceeding $10,000, vendors must certify compliance with the City’s nondiscrimination policy (G.C. 3.30.200) before contract award. No contract will be awarded until the contractor submits this certification. By clicking the confirmation box below, the vendor certifies that they have read the code and agree to comply with its requirements. Failure to comply may result in termination of any agreement entered into with the vendor. Confirmed 342 [R DEPENDABLE CONST INC] RESPONSE DOCUMENT REPORT IFB No. CDA00001 ADA Upgrades for Parkview Office Complex [R DEPENDABLE CONST INC] RESPONSE DOCUMENT REPORT PUBLIC WORKS - ADA Upgrades for Parkview Office Complex Page 9 PRICE TABLES SITE MANAGEMENT Line Item Description Quantity Unit of Measure Unit Cost Total 1 Mobilization 1 LS $19,600.00 $19,600.00 2 Traffic Control 1 LS $7,500.00 $7,500.00 3 Remove Concrete Improvements 1 LS $25,000.00 $25,000.00 4 Construct Concrete Improvements 1 LS $195,000.00 $195,000.00 5 Water Closet Improvements 1 LS $7,800.00 $7,800.00 6 Tile Improvements 1 LS $10,000.00 $10,000.00 7 Other ADA Improvements 1 LS $15,000.00 $15,000.00 TOTAL $279,900.00 343 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 N/A 344 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) 345 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: ________________________________ R DEPENDABLE CONST INC S CORPORATION 1019 W. 3RD ST. SAN BERNARDINO, CA 92410 (909)453-0429 (909)381-2310 estimating@rdpconstinc.com 14 14 N/A 9/11/2009 CALIFORNIA ROSEMARY PADILLA ROSEMARY PADILLA ROSEMARY PADILLA ROSEMARY PADILLA 346 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 ALL TRADES OTHER THAN FIRE ALARM & FIRE PROTECTION NO NO FBM - FOUNDATION BUILDING MATERIALS - DRYWALL, ACT CEILINGS WALTERS ELECTRIC - ELECTRICAL SUPPLIES/EQUIPMENT, LIGHTING WINNELSON, FERGUSON - PLUMBING FIXTURES/SUPPLIES ROBERTSONS - CONCRETE , DALTILE - TILE 347 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 P1415-VETERANS AND FIRST RESPONDERS MEMORIAL PLAZA City of Beaumont DOUG STORY 951-572-3235 dstory@beaumontca.gov Remodel/Renovations of the existing Veterans and First Responders Memorial Plaza CONCRETE SITE WORK 11/01/2024 $1,499,350.00 CUPCCAA Washington MPR Beam Repairs RIVERSIDE USD JAMES STUPPY 951-313-2269 jstuppy@riversideunified.org RENOVATION REPAIRS ELECTRICAL MECHANICAL/HVAC ROOFING/ CARPENTRY 10/30/2024 $129,000.00 348 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 15710-15718 RAUSCH ROAD BUILDING AND SITE IMPROVEMENTS CITY OF INDUSTRY Gerry Perez 626-945-0527 GPerez@cnc-eng.com TENANT IMPROVEMENTS/ RENOVATION/REMODEL CONCRETE SITE WORK DOORS & FRAMES, HANDRAIL 08/09/2023 $2,181,788.58 RIALTO USD DISTRICT OFFICE REPAIRS RIALTO USD RICARDO G. SALAZAR 909-644-5702 rsalazar@rialtousd.org TENANT IMPROVEMENTS/ RENOVATION/REMODEL CONCRETE ADA REPAIRS SITE WORK CONCRETE DEMO 12/15/2023 $207,642.00 PSUSD Bid No. 03-23; DAC Office Additions PALM SPRINGS USD Nathaniel Rodriguez 760.534.5559 nrodriguez@psusd.us TENANT IMPROVEMENTS/ RENOVATION/REMODEL 04/08/23 $340,000.00 Bid No. 2324-35 Lewis Elementary School Demo Existing Portable, Concrete Foundations and Set New CIP CONCRETE SIDEWALKS, CURBS, FOUNDATIONS, DEMO GRADING, EARTHWORK Downey USD GARY ELIAS 626-524-2986 gelias@dusd.net 08/02/2024 $931,758.26 349 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. CARLOS CORONA - LABORER,CEMENT MASON JORGE L. BRAVO - LABORER,CEMENT MASON,CARPENTER MARIO BRAVO - FOREMAN,PLUMBER,CARPENTER FILEMON RIOS-PAINTER , JOE PADILLA - SUPERINTENDENT , JULIO CASTILLO-FLOORING, TILE CARLOS CORONA-SAFETY TRAINING, APPRENTICESHIP JULIO CASTILLO- SAFETY TRAINING, APPRENTICESHIP MARIO BRAVO - SAFETY TRAINING, EPOXY FLOORING, TERRAZIO CERTIFICATIONS FILEMON RIOS- SAFETY TRAINING, PAINTER APPRENTICESHIP, EPOXY FLOORING, POLISHED CONCRETE CERT. CARLOS CORONA- 20 + YEARS JULIO CASTILLO- 20 + YEARS MARIO BRAVO - 20 + YEARS, FILEMON RIOS- 15 YEARS, , MARIO DE LA ROCHA- 20 + YEARS ALL OF THE PERSONELL LISTED HAVE WORKED FOR R DEPENDABLE CONST INC MOST OF OUR WORK, SPECIALIZING , RENOVATIONS, REMODELS, AND REPAIRS FOR MANY YEARS. WE SELF PERFORM IN TENANT IMPROVEMANTS, JOE PADILLA - BUILDING TRADES JOE PADILLA - 40 YEARS 350 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: _______ R DEPENDABLE CONST INC HAS BEEN WORKING WITH CITIES, SCHOOL DISTRICTS, AND VARIOUS GOVERNMENT AGENCIES FOR MANY YEARS ON MULTIPLE SIMILAR PROJECTS, SELF PERFORMING MOST OF THE WORK, KEEPING COSTS LOW TO PROVIDE FAIR COMPETATIVE BIDS. 351 352 Vicinity Map Proposed Project Area Fred Waring S a n P a s c u a l 353 354 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: November 14, 2024 PREPARED BY: Shawn Muir, Community Services Manager Martin Alvarez, Director of Public Works SUBJECT: AWARD A CONTRACT TO HERMANN DESIGN GROUP FOR DEVELOPENT OF A LANDSCAPE MASTER PLAN AND CONSTRUCTION SUPPORT SERVICES (PROJECT NO. CPK00003) RECOMMENDATION: 1. Award a Professional Services Agreement with Hermann Design Group, of Palm Desert, California, for development of a Landscape Master Plan (LMP) in the amount of $41,585 plus $8,415 in contingency for unforeseen circumstances. 2. Authorize extra work associated with design and construction support services to implement the plan with Hermann Design Group in an amount not to exceed $200,000 per fiscal year for a 31-month term, with two one-year extension options. 3. Authorize the City Attorney to make necessary nonmonetary changes to the contract. 4. 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. BACKGROUND/ANALYSIS: Landscape Master Plan Development Over the years, different styles have been incorporated into the City of Palm Desert’s median landscapes, leading to noticeable inconsistencies. In response, city staff is developing a Landscape Master Plan (LMP) to bring consistency and enhance both the aesthetic and environmental integrity of the City's streetscapes, open spaces, and approximately 300 acres of medians. This initiative addresses a growing need for uniformity and cohesion in the city’s landscape design, particularly as various areas have shown signs of decline due to evolving weather patterns and climate conditions. Creating a LMP offers a tactical approach in alignment with the strategic master plan to address these challenges. By establishing a cohesive vision of one landscape palette with three tiers of quality for the city's landscape, the City of Palm Desert aims to improve the overall quality of life for its residents and visitors by showcasing the City’s unique desert flora. This plan will provide guidelines for plant selection, irrigation practices, and maintenance strategies . Extra Work Upon the completion of the LMP (4 months), City staff intend to move forward with development of construction documents and bidding to implement the LMP. These extra services were included in the scope of work, and proposers were asked to provide hourly ra tes for the positions involved. The extra work services include development of landscape construction plans and construction support services. This will allow staff to implement the LMP without delay and 355 City of Palm Desert Award Contract to Hermann Design Group Page 2 of 3 provide a seamless transition between planning, desi gn, and construction of priority medians and landscaped areas. Request for Proposals The project was advertised for proposals through the City’s bid management portal, OpenGov, on September 11, 2024. A mandatory pre-proposal meeting was held at City Hall on September 19, 2024, attended by City staff and three vendors. At the pre-proposal meeting, staff discussed the project needs with the prospective proposers, including the development of the five -year LMP and the support services needed to implement the plan, such as development of construction documents and bid support services. On October 2, 2024, three proposals were received electronically which included a fee proposal for development of the five-year LMP and hourly rates for the subsequent work. The fee proposals for development of the LMP are listed below: Recommendation City staff reviewed the qualified proposals and selected Hermann Design Group based on the evaluation criteria outlined in the RFP, which included clarity and conformance, experience, performance, proposal content, fees, and references. Departments and staff who have collaborated with Hermann Design Group have commended the firm for its design efficiency, clear communication, responsiveness to concerns, effective problem -solving, adherence to deadlines, and relevant experience with City projects, including the Design Services for the Greens/Tee Box Renovation and Turf Reduction at Desert Willow Golf Resort. Staff recommends awarding a professional services agreement to Hermann Design Group in the amount of $41, 585 plus $8,415 in contingency for the development of the five-year LMP. Additionally, staff is requesting extra work not to exceed $200,000 to support implementation of the plan, including construction planning, construction administration, construction support, and design services. Hermann Design Group has provided a fee schedule for this work as follows: Vendor Location Amount Hermann Design Group Palm Desert, California $41,585 In-Site Landscape Architecture, Inc. San Diego, California $82,580 Spurlock Landscape Architects San Diego, California $91,642 Service Hourly Rate Principal Landscape Architect / Principal Planner $195 Construction Manager $165 Landscape Architect $150 Project Manager / Associate $135 Irrigation Designer $135 Senior Designer $125 Professional Staff / Specification Writer $105 Designer $95 Draftsperson $85 Administrative Staff $75 356 City of Palm Desert Award Contract to Hermann Design Group Page 3 of 3 Legal Review: This report has been reviewed by the City Attorney’s Office. Strategic Plan: The Landscape Master Plan Development project is in alignment with the Parks & Recreation strategic plan to prepare for the financial requirements of maintaining existing landscape and parks to the highest level of service. FINANCIAL IMPACT: The approved Public Works Operating Budget and Capital Improvement Project (CIP) List for Fiscal Year 2024-25 includes $1,075,000 for landscape services across various accounts. City staff have designated $250,000 for landscape enhancement support services. Staff will budget accordingly during the annual budget approval process for future years and expenditures will be contingent upon budget approval; therefore , there is no additional financial impact on the general fund. The table below outlines the estimated budget allocation and expenses for each account during FY 2024-25; however, this does not limit the use of funds to these accounts, nor does it guarantee that the full amounts will be utilized or spent: Account No. Location Budget Task Orders 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 *Landscape Master Plan, Contingency and Implementation -($250,000) Budget Balance $75,000 *Current request ATTACHMENTS: 1. Professional Services Agreement 2. Hermann Design Group Proposal 357 358 Contract No. ___________ 1 Revised 01-2024 BBK 72500.00001\32374915.1 CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. Parties and Date. This Agreement is made and entered into this 14th day of November, 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 Hermann Design Group a Corporation, with its principal place of business at 77899 Wolf Road, Suite 102, Palm Desert, CA 92211 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Recitals. 2.1 Project. The City is a public agency of the State of California and is in need of professional services for the following project: Landscape Master Plan Development Project Project No. CPK00003 (hereinafter referred to as “the Project”). 2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant is duly licensed and has the necessary qualifications to provide such services. 3. Terms. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from November 14, 2024, to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 2 additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall 359 Contract No. ___________ 2 Revised 01-2024 BBK 72500.00001\32374915.1 pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Chris Hermann, Principal Landscape Architect Hermann, CFO and Managing Director 3.2.5 City's Representative. The City hereby designates Shawn Muir, Community Services Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Kristin Hermann, Managing Director, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling 360 Contract No. ___________ 3 Revised 01-2024 BBK 72500.00001\32374915.1 necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 361 Contract No. ___________ 4 Revised 01-2024 BBK 72500.00001\32374915.1 3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the 362 Contract No. ___________ 5 Revised 01-2024 BBK 72500.00001\32374915.1 effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives. (E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (F) Fidelity Coverage. (RESERVED) (G) Cyber Liability Insurance. (RESERVED) If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for an additional period of three (3) years f ollowing termination of the Agreement. 3.2.11.2 Other Provisions or Requirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of al l required insurance policies, at any time. (B) Duration of Coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. 363 Contract No. ___________ 6 Revised 01-2024 BBK 72500.00001\32374915.1 (C) Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self - insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants. (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. 364 Contract No. ___________ 7 Revised 01-2024 BBK 72500.00001\32374915.1 (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. 365 Contract No. ___________ 8 Revised 01-2024 BBK 72500.00001\32374915.1 § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies of this Section. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Master Plan Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Forty-One Thousand Five Hundred Eighty Five Dollars ($41,585) without written approval of the City Council or City Manager, as applicable. Extra work for implementation of the Master Plan shall also be paid at the rates set forth in Exhibit “C” and shall not exceed Two Hundred Thousand Dollars $200,000 in aggregate 3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "C" of this Agreement. 3.3.4 Travel Expenses. In accordance with Government Code section 53232.2(c), the Internal Revenue Service rates for reimbursement of travel, meals, lodging, and other actual and necessary expenses as established in Publication 463, or any successor publication, shall be used to determine reimbursement rates for Consultant. Travel in business class, first class or any category on any flight above the coach/economy level will not be reimbursed. 3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, 366 Contract No. ___________ 9 Revised 01-2024 BBK 72500.00001\32374915.1 Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 367 Contract No. ___________ 10 Revised 01-2024 BBK 72500.00001\32374915.1 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. 3.6.1.4 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Hermann Design Group 77-899 Wolf Road, Suite, 102 Palm Desert, CA 92211 ATTN: Chris Hermann, President/CEO City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 ATTN: Shawn Muir, Community Services Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, 368 Contract No. ___________ 11 Revised 01-2024 BBK 72500.00001\32374915.1 specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents, and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment, or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 369 Contract No. ___________ 12 Revised 01-2024 BBK 72500.00001\32374915.1 3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 3.6.5 [Reserved] 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives. 370 Contract No. ___________ 13 Revised 01-2024 BBK 72500.00001\32374915.1 3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. 3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers, and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 371 Contract No. ___________ 14 Revised 01-2024 BBK 72500.00001\32374915.1 3.6.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE] 372 Contract No. ___________ 15 Revised 01-2024 BBK 72500.00001\32374915.1 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND HERMANN DESIGN GROUP IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF PALM DESERT By: L. Todd Hileman City Manager Attest: By: Anthony J. Mejia City Clerk Approved as to form: By: Isra Shah Best Best & Krieger LLP City Attorney HERMANN DESIGN GROUP, A CORPORATION By: Chris Hermann President/CEO By: Jose Estrada Vice President City Clerk QC: _____ Contract QC: _____ Insurance: _____ Initial Review _____ Final Approval 373 Contract No. ___________ Exhibit “A” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT “A” SCOPE OF SERVICES The City of Palm Desert is soliciting proposals to provide design and construction services for a five-year landscape master plan (LMP) consisting of one landscape palette with three tiers of quality and related equipment and materials. The successful proposer will work with City staff to prioritize landscape areas for improvement and determine which tier quality will be utilized in each area. The deliverable for this project is a master plan that may be implemented in a variety of locations at City staff discretion. In addition, areas prioritized for new landscape construction or remediation will require 100% landscape construction plans and the potential for construction support services. 1. LMP design for City's consideration will addresses all landscape goals, streetscapes, 15 park and recreational facilities, open spaces & parks, and approximately 300 acres of medians. The City specifically would like to address medians located on the following streets: Cook Street, Monterey Avenue, Country Club Drive, and Washington Street. 2. LMP design services may include, but are not limited to: 1. Research, Investigation, Design, Planning or Programming Services 2. Site Analysis 3. Design Services and Construction Documents 4. Construction Administration 5. Bid tabulation 3. Preliminary design requirements for the plan will be compiled from information provided by City staff. The Consultant shall use the information as a basis to establish the detailed plan requirements and functional relationships required for development of a definitive design program. The plan requirements that determine the design of the LMP project shall be a product of the Consultant's detailed analysis and research of the needs and requirements of the project with direction provided by City. 4. Consultant shall be responsible for the completeness and accuracy of all services rendered under this contract and correct all errors of omission or commission on the drawings, specifications and all other documents notwithstanding prior to acceptance by the City. 5. Consultants shall be available to accept plans for the City on an as-needed basis and be able to meet deadlines for the completion. Inability to meet the City's schedule as required, may result in not awarding the Consultant the particular project or future projects under this contract. 374 Contract No. ___________ Exhibit “B” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT "B" SCHEDULE OF SERVICES The term of this Agreement shall be from November 14, 2024, to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than Two (2) additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. Prospectively, the City anticipates the schedule of work as follows: Notice to Proceed (NTP): November 2024 Assessment and Data Collection: Month 1 from NTP Analysis: Month 2 from NTP Preliminary Landscape Master Plan Phase: Month 3 from NTP Final Landscape Master Plan Phase: Month 4 from NTP 375 Contract No. ___________ Exhibit “C” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT "C" COMPENSATION The total compensation, for the Master Plan and Extra Work to Implement the Plan in the aggregate, shall not exceed Two Hundred and Forty-One Thousand Five Hundred and Eighty- Five Dollars ($241,585) without written approval of the City Council or City Manager, as applicable. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino-Ontario, CA. 376 City of Palm Desert PW - Operations & Maintenance Randy Chavez, Deputy Director 73-510 Fred Waring Drive, Palm Desert, CA 92260 [HERMANN DESIGN GROUP] RESPONSE DOCUMENT REPORT RFP No. 2024-RFP-134 Landscape Master Plan Development Project RESPONSE DEADLINE: October 2, 2024 at 5:00 pm Report Generated: Thursday, October 3, 2024 Hermann Design Group Response CONTACT INFORMATION Company: Hermann Design Group Email: kristin@hdg-inc.com Contact: Kristin Hermann Address: 77-899 Wolf Road Suite 102 Palm Desert, CA 92211 Phone: (760) 777-9131 Website: http://hdg-inc.com Submission Date: Oct 2, 2024 2:36 PM (Pacific Time) 377 [HERMANN DESIGN GROUP] RESPONSE DOCUMENT REPORT RFP No. 2024-RFP-134 Landscape Master Plan Development Project [HERMANN DESIGN GROUP] RESPONSE DOCUMENT REPORT Request For Proposal - Landscape Master Plan Development Project Page 2 ADDENDA CONFIRMATION Addendum #1 Confirmed Oct 2, 2024 2:09 PM by Kristin Hermann 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. 378 [HERMANN DESIGN GROUP] RESPONSE DOCUMENT REPORT RFP No. 2024-RFP-134 Landscape Master Plan Development Project [HERMANN DESIGN GROUP] RESPONSE DOCUMENT REPORT Request For Proposal - Landscape Master Plan Development 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. Work_Proposal_-_City_of_Palm_Desert_Landscape_MP_2024.pdf 2. Fee Proposal* Please provide a lump-sum, not-to-exceed fee proposal for the scope of Services. The fee proposal shall include hourly rates for all personnel for “Additional Work”. Please provide hourly rates for the following positions. These may vary based upon the propser's capabilities. • Landscape Architects - Design outdoor spaces, incorporating plants, structures, and water features. • Landscape Designers - Focus on residential or smaller-scale projects, often with a more aesthetic approach. • Urban Planners - Help integrate landscape designs within broader city planning initiatives. • Environmental Consultants - Assess environmental impacts and ensure compliance with regulations. • Civil Engineers - Collaborate on the structural aspects of landscape projects, such as drainage and grading. • Horticulturists - Provide expertise on plant selection, growth, and maintenance. • Landscape Technicians - Assist with site preparation, planting, and maintenance tasks. • Project Managers - Oversee project timelines, budgets, and team coordination. • Surveyors - Measure land and help define property boundaries for projects. 379 [HERMANN DESIGN GROUP] RESPONSE DOCUMENT REPORT RFP No. 2024-RFP-134 Landscape Master Plan Development Project [HERMANN DESIGN GROUP] RESPONSE DOCUMENT REPORT Request For Proposal - Landscape Master Plan Development Project Page 4 Fee_Proposal_-_City_of_Palm_Desert_Landscape_MP_2024.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, organization, 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 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 full 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. SAM.gov* Please enter your legal entity name for SAM.gov verification. Hermann Design Group, Inc. Click to Verify Value will be copied to clipboard 380 [HERMANN DESIGN GROUP] RESPONSE DOCUMENT REPORT RFP No. 2024-RFP-134 Landscape Master Plan Development Project [HERMANN DESIGN GROUP] RESPONSE DOCUMENT REPORT Request For Proposal - Landscape Master Plan Development Project Page 5 5. Type of Business* S Corporation (if corporation, two signatures are required) 6. 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"). N/A 7. 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 affect theCity's decision to enter into an Agreement. N/A 8. 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"). N/A 9. Project Team Resumes* Submit resumes of all key personnel/support staff that will produce work product for the Service s. Describe their qualifications, education, and professional licensing. ECH_Resume.pdf JE_Resume.pdf 381 [HERMANN DESIGN GROUP] RESPONSE DOCUMENT REPORT RFP No. 2024-RFP-134 Landscape Master Plan Development Project [HERMANN DESIGN GROUP] RESPONSE DOCUMENT REPORT Request For Proposal - Landscape Master Plan Development Project Page 6 OG_Resume.pdf 10. 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 Eugene Christopher Hermann III, CEO/President, 77899 Wolf Road, Suite 102, Palm Desert, CA 92211 chris@hdg-inc.com 760-777- 9131, x101 Kristin Moore Hermann, CFO/Managing Director, 77899 Wolf Road, Suite 102, Palm Desert, CA 92211 kristin@hdg-inc.com 760-777- 9131, x102 11. Conflict of Interest Disclosure* The proposer understands that any and all relationships with construction firms that may submit bids for project s developed under this agreement will require full disclosure of any direct or indirect conflicts of interest, financial interests, relationshi ps, 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 Confirmed 12. Certification of Proposal* The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accordance with the Request for P roposal (RFP), and to be bound by the terms and conditions of the RFP. Confirmed 382 October 2, 2024 CITY OF PALM DESERT 2024-RFP-134 LANDSCAPE MASTER PLAN DEVELOPMENT PROJECT WORK PROPOSAL 77899 WOLF ROAD, SUITE 102 PALM DESERT, CA 92211 (760) 777-9131 (PHONE) (760) 777-9132 (FAX) WWW.HDG-INC.COM 383 HE R M A N N D E S I G N G R O U P PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 COVER LETTER OCTOBER 2, 2024 VIA OPENGOV.COM PORTAL Melanie Slater Management Specialist City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 RE: Request for Proposal - 2024-RFP-134 - Landscape Master Plan Development Dear Melanie, On behalf of Hermann Design Group (HDG), I am pleased to present this proposal to provide landscape design solutions to refresh older medians and standardize landscapes, hardscape, and plant material for a cohesive aesthetic and ease of maintenance throughout the city. The team will provide design themes and produce presentation materials for staff, City Council, and agency approval. Since 2015, our team has established an excellent working relationship with the City on many projects, and we look forward to continuing our role as your landscape architects for this project. The HDG team has just completed a very similar assignment for the City of La Quinta which was awarded the 2024 Project of Merit Award by APWA for Traffic, Mobility and Beautification. Details of this effort can be found in our project examples portion of the proposal. Additionally, The City of Indio is under construction with the HDG designs of several medians on Highway 111 and the Jefferson Street Overpass. If you have any questions, please feel free to contact me via my office phone at (760) 777-9131 (extension 101) or my cell phone at (760) 774-5070. My email address is chris@hdg-inc.com. The individuals authorized to negotiate with the District and sign contracts on behalf of the firm are Kristin Hermann and me. By signing below I attest that all information submitted within the qualifications is true and correct. Best regards, E. Chris Hermann, PLA President / CEO 77899 Wolf Road, Suite 102 Palm Desert CA, 92211 (760) 777-9131 (Phone) (760) 777-9132 (Fax) 384 EXPERIENCE AND TECHNICAL COMPETENCE 385 HE R M A N N D E S I G N G R O U P PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 1 Hermann Design Group, Inc. was founded in 1995 in Palm Desert, California as Hermann & Associates. Our founding philosophy was to create a firm by which we are able to work on unique projects and allow for Mr. Hermann to lead the design process and build relationships with clients that will last for a lifetime. We evaluate our clients’ distinct needs and desires through creative thinking, and we provide the right solutions for individual projects. Our design solutions always consider the sustainability of our valuable environment. At Hermann Design Group, we are committed to wisely omitting water, also known as the “WOW” factor, with the goal of creating a positive impact on the environment from start to finish. We create sustainable design by strategically incorporating native and drought-tolerant horticulture and “smart” irrigation, in addition to utilizing local resources for materials to minimize environmental impacts. Hermann Design Group provides the following landscape architecture and planning services to assist public agencies and private developers in the design of outdoor environments and facilities, including: Hermann Design Group is a healthy firm financially with no issues that would affect our ability to complete our obligations to our clients. We are profitable and strategic about our growth so that we will remain a successful enterprise. Additionally, Hermann Design Group certifies that the firm and its principals are in good standing with all applicable licensing boards and is eligible to contract with any federal, state, or local public agency. HDG is certified as a Small Business through the State of California No. 1788893. • Playgrounds, Parks, and Recreation Facilities • Golf Courses • Natural and Historic Sites • Streetscapes/Transportation • Commercial/Retail/Industrial • Hotels • Interpretative Landscape Design • Master Planned Communities • Creative Signage & Way Finding • Placemaking Experiences INCORPORATED April 2009 (California S-Corporation) PRESIDENT/CEO Chris Hermann STAFF Eight Full-Time; Two Part-Time Employees FORMERLY Hermann & Associates (Sole Proprietorship 1995-2009) OFFICE LOCATIONS Palm Desert / Riverside / San Diego HOURS OF OPERATION Monday – Friday 8:00 a.m. to 5:00 p.m. WEBSITE www.hdg-inc.com HERMANN DESIGN GROUP FIRM PROFILE 386 HE R M A N N D E S I G N G R O U P PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 2 PROJECT EXPERIENCE HDG prepared a multi-year plan for turf removal and landscape improvements in the North La Quinta Landscape and Lighting District. Approximately ten acres of turf were removed saving over 25,373,049 gallons of water per year for median and parkway areas surrounding 11 communities. Existing trees that were healthy have been preserved using an irrigation technique that has proven to be 100% successful in the desert heat where trees were accustomed to surface water from turf and converted to deep watering. All shrubs were placed on individual drip emitters and flow sensors, master valves, and the Rainbird IQ system for controller programming. Both cellular and radio service are used to daisy-chain the controller together for control by the City. The landscape design utilizes a “desert oasis” palette and plant spacing is grouped for easier maintenance. The creative use of three rock sizes and colors with boulder accents creates interest, contrast, and movement in the ground plane. For every three trees removed, a new tree was installed. Median design included the used of date palms to enhance neighborhood entries and create a cohesive connection to surrounding streets. The project required research of existing utility providers, applications for turf removal rebates from the water district, and surveying existing conditions in the field to establish demolition and removal plans. In addition to design and working drawings, the City required HDG to prepare all City bid documents, bid schedules, and provide field observation services. CITY OF LA QUINTA / ON-CALL SERVICES CLIENT:City of La Quinta CLIENT ADDRESS:74-495 Calle Tampico La Quinta, CA 92253 CONTACT’S NAME:Bryan McKinney CONTACT’S TITLE:Public Works Director/City Engineer CONTACT’S NO.:(760) 777-7045 CONTACT’S EMAIL:bmckinney@La-Quinta.org ESTIMATED VALUE: TIMESPAN: $10,000,000 Eight Years PROJECTS COMPLETED TO DATE: • Cactus Flower, 2024 • Marbella/Sierra Del Rey, 2023 • Desert Pride, 2023 • Rancho Ocotillo, 2021 • La Quinta Highlands, 2019 • Acacia Parkway, Median, and Retention Basins, 2018 • Quinterra Parkway and Retention Basin, 2018 • La Quinta Del Oro Entry, 2016 • Avenue 52 Parkway Demonstration Area, 2015 387 HE R M A N N D E S I G N G R O U P PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 3 PROJECT EXPERIENCE CITY OF LA QUINTA – MEDIANS, STREETSCAPES, AND PARKWAYS COMPLETED PROJECT COMPLETION YEAR AND PROJECT VALUE ACACIA:2018 $489,000 QUINTERRA:2019 $615,000 HIGHLANDS:2019 $722,000 SILVERROCK VENUE SITE:2021 $6,000,000 CACTUS FLOWER:2024 $2,035,000 388 HE R M A N N D E S I G N G R O U P PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 4 PROJECT EXPERIENCE PROJECT DESCRIPTIONS CITY OF INDIO ON-CALL SERVICES PARK MASTER PLANNING AND IMPROVEMENT PROJECTS CLIENT:City of Indio CLIENT ADDRESS:100 Civic Center Mall Indio, CA 92201 CONTACT’S NAME:Tim Wassil, P.E. CONTACT’S TITLE:Director of Public Works CONTACT’S TELEPHONE:(760) 625-1801 CONTACT’S EMAIL:twassil@Indio.org CONTRACT DURATION:2016 to Present ▪Water Play Restoration ▪Playground Surfacing Enhancements ▪Play Area Replacement ▪Shade Structure Replacement ▪Site Analysis and Surveying ▪Design ▪Cost Estimating ▪Construction and Bidding Documents INDIO SPORTS PARK MASTER PLAN & PHASE I FINAL DESIGN/CONSTRUCTION 2020 - 2025 Site Analysis, Community Outreach, Workshops, Master Planning, Design Development, Cost Estimating, Construction and Bidding Documents. Phase I is currently under construction and HDG is providing construction management and administration services for the project. CENTER STAGE / THE LIVING ROOM - MASTER PLAN & FINAL DESIGN 2021 - 2023 Master Planning, Design Development, Lead Consultant, Cost Estimating, Construction and Bidding Documents. Construction observation services provided during construction. HWY 111, INDIO BLVD., AND JEFFERSON OVERPASS MEDIAN ENHANCEMENTS 2021 - 2024 Preliminary planning and design, construction and bidding documents. Construction observation services during construction. MILES AVENUE DOG PARK 2022-2023 Preliminary planning and design, construction documents. Construction observation services provided during construction. DR. CARREON PARK AND DOWNTOWN INDIO SCULPTURE INSTALLMENTS 2019 AND 2021 Hardscape, landscape, and lighting elements to create an inviting element for the sculptures provided to the City by Goldenvoice. TEEN CENTER SPORTS COURT REHABILITATION 2021 Construction documents for sports court resurfacing and related landscape design. PK 1707 PARK RENOVATIONS 2019 389 HE R M A N N D E S I G N G R O U P PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 5 PROJECT EXPERIENCE CITY OF INDIO ON-CALL SERVICES PARK MASTER PLANNING AND IMPROVEMENT PROJECTS COMPLETION DATE & VALUE: MILES AVENUE PARK MASTER PLANNING AND PH I DESIGN Value Completion Date $1,150,000 2017 HRPP PARKS Value Burr Park Dr. Carreon Park Hjorth Park Station 87 Dog Park Completion Date $200,000 $315,000 $150,000 $1,150,000 2016 DOMINGUEZ PARK Value Completion Date $225,000 2018 PK 1707 PARK RENOVATIONS Value Completion Date $542,000 2019 DR. CARREON PARK STATION 87 DOG PARK 390 HE R M A N N D E S I G N G R O U P PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 6 PROJECT EXPERIENCE CITY OF INDIO MEDIAN IMPROVEMENTS CLIENT:City of Indio CLIENT ADDRESS:100 Civic Center Mall Indio, CA 92201 CONTACT’S NAME:Tim Wassil, P.E. CONTACT’S TITLE:Director of Public Works CONTACT’S TELEPHONE:(760) 625-1801 CONTACT’S EMAIL:twassil@Indio.org CONTRACT DURATION:2021 - Present HIGHWAY 111, INDIO BLVD., AND JEFFERSON OVERPASS MEDIAN ENHANCEMENTS 2021 - 2024 HDG prepared the designs for five medians along Highway 111 and one at Jefferson and Indio Blvd. that folllowed and established theme for the entire corridor; the Highway 111 medians are currently under construction while Jefferson/Indio Blvd. has been completed. HDG also designed the Jefferson Overpass median that is currently under construction. The design of the overpass median provides a unique rock design to allow for significant date palm planting, metal sculptures, lighting and city signage. Plans included master planning and construction documents that were bid within the budget. 391 HE R M A N N D E S I G N G R O U P PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 7 PROJECT EXPERIENCE DINAH SHORE MEDIAN IMPROVEMENTS CLIENT:City of Rancho Mirage CLIENT ADDRESS:69-825 Highway 111 CONTACT’S NAME:Bill Enos CONTACT’S TITLE:City Engineer CONTACT’S TELEPHONE & FAX:760-770-3224 (t) CONTACT’S EMAIL:bille@ranchomirageca.gov PROJECT COMPLETION DATE & VALUE: Project Value Completion Date $174,000 2017 BEFORE AFTER As part of our on-call landscape architectural services for the City of Rancho Mirage, HDG provide design services for the median improvements for Dinah Shore Drive from Plumley Road to Da Vall Drive. The improvement area was approximately 348,480 square feet of landscape and hardscape. These medians were designed without planting and uses cobble, crushed rock and pavers in a creative pattern to cover the median area that varied in width from 3’ to 15’. 392 HE R M A N N D E S I G N G R O U P PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 8 PROJECT EXPERIENCE CITY OF PALM DESERT ON-CALL SERVICES COMPLETION DATE & VALUE: DESERT WILLOW FIRECLIFF GOLF COURSE TEES, GREENS AND TURF REMOVAL Value Completion Date $4,350,000 2024 DESERT WILLOW PARKING AREA (LANDSCAPE AND IRRIGATION) Value Completion Date $225,000 2024 CAHUILLA HILLS PARK Value Anticipated Completion Date $1,410,000 2025 DESERT WILLOW FIRECLIFF COURSE RENOVATION HOLE 1 BEFORE HOLE 1 AFTER HOLE 10 AFTER 393 HE R M A N N D E S I G N G R O U P PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 9 SELECTED REFERENCES CITY OF INDIO 100 Civic Center Mall Indio, CA 92201 Tim Wassil Director of Public Works twassil@indio.org (760) 625-1801 Project Descriptions: • Median Rehabilitation • Jefferson Street Overpass CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 Bryan McKinney Public Works Director/City Engineer bmckinney@LaQuintaCA.gov (760) 777-7045 Project Descriptions: • L&L District Master Plan • L&L District Final Design CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 Martin Alvarez Director of Public Works malvarez@palmdesert.org (760) 776-6467 Project Descriptions: • On-Call Services CITY OF INDIAN WELLS 44-950 El Dorado Drive Indian Wells, CA 92210 Chris Freeland City Manager cfreeland@indianwells.com (760) 346-2489 Project Descriptions: • Golf Pavilion Master Plan • Landscape Ordinance Update • Indian Wells Park (with Desert Rec) 394 FIRM STAFFING AND ORGANIZATION 395 HE R M A N N D E S I G N G R O U P PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 10 Chris is a graduate of the Pennsylvania State University and has over 40 years of experience resolving the challenges of designing in the Inland Empire and desert environment, and he is a CLARB Certified Landscape Architect. Before moving to the Coachella Valley in 1994, he was a principal at RHA Landscape Architects-Planners in Riverside, a firm he had been with for nearly ten years. Chris is the Lead Designer and Client Relationship Manager on all projects. CHRIS HERMANN – PRESIDENT / CEO PRINCIPAL-IN-CHARGE / LEAD DESIGNER (PALM DESERT OFFICE) Jose is a graduate of Cal Poly Pomona with a Bachelor of Science in Landscape Architecture with a career focus on irrigation design. He has been an integral part of Hermann Design Group since 1999. His extensive experience in the preparation of construction documents and field work experience allows for a complete design process from the schematic level to final design. Jose is bilingual, speaking both English and Spanish, making him invaluable in the field, as well as translating during public input workshops or community meetings. JOSE ESTRADA – VICE PRESIDENT PRINCIPAL / DIRECTOR OF IRRIGATION DESIGN (RIVERSIDE OFFICE) Kristin heads up our quality assurance program and coordinates the diverse facets of each project. She served as the construction administrator on the Rancho Mirage Community Park Expansion, acting as a liaison between the City and the contractor from bid opening through final walk through. She is currently assisting in the construction administration for the Indio Sports Park Phase I construction. Kristin will provide plan checking, specification writing, and bid document preparation. Additionally, Kristin heads our “back office” and takes care of financial and contractual elements. KRISTIN HERMANN – CFO / MANAGING DIRECTOR QUALITY CONTROL / SPECIFICATIONS (PALM DESERT OFFICE) In his tenure at Hermann Design Group, Opus has become a key designer and indispensable leader with project management skills. Opus is a Cal Poly San Luis Obispo graduate who combines his understanding of plant material, maintenance, horticulture experience, and natural artistic talent with invaluable technical skill. He has comprehensive experience designing streetscapes, parks, and trailheads, in addition to residential/commercial landscapes. Opus is responsible for HDG CAD operations and systems management, providing guidance and mentorship to emerging designers. ARMANDO “OPUS” GARZA – ASSOCIATE SENIOR DESIGNER / PROJECT MANAGER (PALM DESERT OFFICE) FIRM STAFFING 396 HE R M A N N D E S I G N G R O U P PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 11 CESAR DELGADO DESIGNER (RIVERSIDE OFFICE) Based in the Riverside office, Cesar joined Hermann Design Group as a designer in 2021. Upon graduating from Cal Poly Pomona with a Bachelor of Science in Landscape Architecture, Cesar has exhibited a natural inclination toward producing hand graphics, employing graphic design tools, and developing renderings. With a strong aptitude for artistry and bringing a project’s vision to life, Cesar has made meaningful contributions to the master plan community and multiple housing developments at HDG. Additionally, he is bilingual in Spanish and English. ULICES CISNEROS DESIGNER (PALM DESERT OFFICE) Ulices joined the HDG team as a designer in 2022 with an Associate of Science in Horticulture and a Bachelor of Science in Landscape Architecture from Cal Poly Pomona. Ulices successfully applies his knowledge of horticulture, acquired through both formal education and direct experience in the landscaping industry, to develop site plans and landscape designs. Prior to joining HDG, he worked as a designer at Ray Martin Design Corp and TKD Landscape Architecture, gaining considerable experience using various software programs such as AutoCAD, LandFX, SketchUp, Lumion, and Adobe Creative Suite. Ulices’ fluency in Spanish and English facilitates communication between HDG and their stakeholders, consultants, and community members. FIRM STAFFING FRANCISCO SANCHEZ DESIGNER (PALM DESERT OFFICE) Joining as a designer in 2020, Francisco quickly proved to be a vital asset to Hermann Design Group. With a Bachelor of Science in Landscape Architecture from Cal Poly Pomona and a demonstrated proficiency in 3D, color, and perspective renderings, Francisco has contributed to a diverse range of projects at HDG. While focusing primarily on residential design, he also plays a role in supporting project managers and senior designers on municipal projects. Fluent in both Spanish and English, Francisco has enhanced the ability to communicate effectively with Spanish-speaking communities in the Southern California region. Francisco is also a member of The City of Palm Desert Architectural Review Committee. PAMELA FONSECA DESIGNER/DRAFTSPERSON (RIVERSIDE OFFICE) Based in the Riverside office, Pamela recently joined our firm in early December 2023. Upon graduating from Cal Poly Pomona with a Bachelor of Science in Landscape Architecture in 2020, Pamela worked several years as a landscape designer specializing in 3D modeling for a pool contractor in San Dimas. Her passion for designing sustainable and functional landscapes brought her to Hermann Design Group. Pamela is bilingual in both Spanish and English, and she has exhibited a keen design sense in her time with us. Pamela is currently pursuing her Certification in Landscape Irrigation at Mt. San Antonio College. 397 HE R M A N N D E S I G N G R O U P PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 12 ORGANIZATION CITY OF PALM DESERT Our management team for this project consists of Chris Hermann, Principal -in-Charge and lead designer. Opus Garza will serve as project manager with Jose Estrada serving as director of irrigation design. Kristin Hermann handles all financial responsibilities of HDG including contracts, invoicing, and collections The key personnel and principals will not be replaced without prior consent from the City of Palm Desert. 398 SCOPE OF SERVICES 399 HE R M A N N D E S I G N G R O U P PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 13 SCOPE OF SERVICES PROJECT CONSIDERATIONS The City is concerned about the large variety of planting and hardscape themes in medians and would like to create an overall five-year master plan for creating consistency in the design with three tiers of installation and the intent of reducing maintenance. Priority areas include Highway 111, Cook Street, Monterey Avenue, Country Club Drive and Washington Street. In addition, the planting palette for the master plan needs to consider ideas for plant replacements in the 15 park and recreational facilities. The city has one of the best guides available in any jurisdiction for planting and maintenance available for reference, and it should be reviewed as part of the process of establishing new planting designs. HDG has taken the time to do some initial research in preparation of the proposal and observed the use of grey granite cobble, stamped concrete, baja cresta cobble, boulders that reflect the surrounding mountains colors, mexican river cobble, colored glass, and flagstone. The use of a variety palm trees is prevalent and should be maintained as part of the planting theme. There are a variety of shade trees including Quercus virginana, Acacia species, Tipuana tipu, Cercidium species, Prosposis species, Caeselpinia cacalota, and Ebenopsis ebano. There are others, however, the city should consider the use of shade trees can be retained to help reduce heat islands on paved areas as well as sequester carbon emissions. During the pre-proposal meeting staff indicated that Baja Park should be reviewed. It is overgrown, and there are some unique desert plant species to consider in the master planning effort. Staff has also been installing new landscape on Cook Street and the Magnesia Falls median was recently completed. We will establish the plant palette and theme for the project would be to prepare typical design schemes for portions of each area of study with three different concepts or tiers. Tier one would be the highest level of landscape improvements and should include cobble, decomposed granite (dg), boulders, desert accents, shrubs, trees, and lighting. Tier two may step down to a lower quantity of shrubs and desert accents, use of dg, cobble, and trees. Tier three could be trees, desert accents, and dg. The city-wide median maintenance map will be used to establish tier locations, and HDG will create a five-year master plan that can be used for implementation. 400 HE R M A N N D E S I G N G R O U P PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 14 SCOPE OF SERVICES PROJECT CONSIDERATIONS COBBLE, ROCK, DECOMPOSED GRANITE, PALMS AND SHADE TREES ELEPHANT TREE - BAJA PARK FLAGSTONE, ROCK, BOULDERS SHADE TREE Cook Street, Monterey Avenue , Country Club Drive, and Washington Street medians cover over 15 miles with a variety of colors of rock, boulders, decomposed granite, and planting. The establishment of planting choices should include saving unique species. 401 HE R M A N N D E S I G N G R O U P PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 15 SCOPE OF SERVICES I. MASTER PLANNING Typical landscape master plan designs of approximately 1200 lineal feet of each of the medians of Cook Street, Monterey Avenue, Country Club Drive and Washington Street will be provided. A. Project Kick-off Meeting – The project team and city staff will meet to review project scope, programming budgets and design objective. B. Drone Flight - We will utilize the services of a drone and mapping company to document existing conditions from an aerial view and scale it for base sheet development. This will be for over the entire length of each median (approximately 15 miles). This will assist in expanded studies and provide base information for future construction drawings and budgeting for construction. C. Site Visit – The project team will review existing site conditions, document existing plant material and hardscape areas. D. Data Collection – We will perform all necessary data collection that will include research and gathering/reviewing existing City records. E. Base Sheets – We will develop base sheets with 1200 lineal feet of median for each condition described in the scope of work. Please Note: Base sheets prepared via field measurements, drone images, and City records are not always accurate. The only way to ensure base sheet accuracy is via the use of an up-to-date survey by a licensed surveyor. Survey services have not been included herein as we do not believe these services need to be provided at the master planning stage. F. Conceptual Plans – We prepare three planting concepts for each typical median. The three concepts will be “tiered” and each tier will be keyed to the city median maintenance map for locations within the city. A planting legend will be provided with Latin and common names, size, and water use requirements. G. Preliminary Plans – Upon review and comment of the conceptual plans, we will prepare a preliminary plan for each typical median for City review. This will include a final color rendered plan and sections/photo images of design ideas. H. Preliminary City-Wide Master Plan Map - A preliminary city-wide master plan map will be provided that identifies the location of the tiered planting concepts. I. Opinion of Probable Cost – We will prepare an opinion of probable cost for the conceptual and final preliminary plans with options for bid alternates. J. Image Photos – We will include photos of images to depict the various planting plan and hardscape components. K. Final Landscape Master Plan - We will provide a final plant palette for the four medians with three tiers of design. A city-wide master plan map will be provided that identifies the location of the tiered planting concepts. Each median will have a 1200 foot length provided in a color-rendered 1”=20’ plan view that is keyed to the city-wide master plan. 402 HE R M A N N D E S I G N G R O U P PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 16 SCOPE OF SERVICES II. GENERAL SERVICES We will meet with Staff as required to complete the master planning and we will attend scheduling and progress meeting as necessary. The principal/project manager and other appropriate key personnel who are expert in specific areas will also be available to attend presentations, public meetings, and public hearings as needed for this phase of the project. The nature and content of these meetings will be coordinated with the City who will schedule and conduct the meetings. OPTIONAL FUTURE SERVICES Once the City chooses the phases of the work to be completed, HDG will provide the City with specific proposals for final design for each phase of work as it progresses. The following would be our typical scope of work for final design. CONSTRUCTION DOCUMENTS (TYPICAL SCOPE) A. Demolition Plan - HDG will prepare a demolition plan that illustrates existing plant material to be removed or to remain. B. Construction Plan and Details - This plan will locate by dimension site improvements and site furnishings. Details and selections of materials are included. C. Irrigation Plans - HDG will prepare complete irrigation plans. Elements of the system will be designed to carry optimum amounts of water to irrigate the site. Full detailing of equipment will be included. Vandal resistance, durability, serviceability, reliability, water conservation, efficiency, and most importantly, consistency with Coachella Valley Water District and City of Palm Desert standards will be our primary concern. Systems will be designed to accommodate reclaimed water, as requested. D. Planting Plans - Complete planting plans with necessary details will be provided. Plant suitability, maintainability, drought resistance, and reliability will be considered. E. Construction Specifications - A detailed project description, preparation of bid schedules, bid item descriptions, payment methods, special provisions, and technical specifications for the items covered under this scope of work will be provided. F. Opinion of Probable Cost - We will prepare an opinion of probable construction cost of the design development plans for use by the City encompassing cost projections. G. Document Processing - We will submit the documents for City and various agency approvals. We will review documents and make necessary corrections as directed by said governing agencies. H. Meetings - We will attend meetings as required during this phase of the project. 403 HE R M A N N D E S I G N G R O U P PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 17 SCOPE OF SERVICES I. Final Documents - After final approval, 24” x 36” plans shall be submitted to the City along with an electronic copy of the plans and specifications for bidding purposes. BIDDING PHASE SUPPORT (TYPICAL SCOPE) A. When the project goes out for competitive bidding, we will assist the City in the bid process, distributing bid packages, noting direction given to contractors, questions asked and follow-up clarifications or addendum items. B. We will attend and chair the pre-bid meeting and provide written minutes and follow up information as required. C. We will assist the City in evaluating bids as required. . CONSTRUCTION PHASE SUPPORT (TYPICAL SCOPE) A. We will coordinate with the City as required throughout the life of the project B. This phase will commence with the notice to proceed to the contractor and terminate when final payment is issued by the City. C. We will attend and chair the pre-construction meeting. D. We will provide weekly observations during construction for the purpose of establishing acceptability and provide written documentation of official job meetings to those present. E. Based on our observations at the site and on the contractor’s application for payment, we will assist in determining the amount owed to the contractor, if requested. We will review job drawings, as-builts, RFIs, submittals, samples, and other submissions of the contractor for conformance with the design of the project and for compliance with the information given in the conformance contract documents. F. We will review change orders and submittals for approval and issuance by the City. We will respond to requests for information from the contractor, issue field bulletins and requests for quotations. G. We will review as-builts and assist in the reproduction of the as-built information on flash drive or other requested format. 404 HE R M A N N D E S I G N G R O U P PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 18 Quality control is a significant part of HDG’s long history of successful projects. HDG works with all stakeholders early on to ensure budgets, schedules, and expectations are agreed upon and clearly communicated. Designs are created and continuously measured against these definitions of success to ensure a proper outcome and follow through is achieved with minimal surprises. We recognize that though each design phase is evaluated differently, it’s important to revisit the initial goals and objectives. Regular communication will be maintained with all parties to assess the current project trajectory and plan for effective counter measures as challenges or changes arise. QUALITY CONTROL Ongoing Monitoring of Communication, Schedule, Goals and Budget with the City Concept Design Design Development Final Design Design Delivery Project Planning Define Success Goals & Objectives Budgets Schedule Challenge Areas Due Diligence Expectations Design Methods Metrics of Success Evaluate Design Usefulness Convenience Added Value Quality Engineering Cost Effectiveness Reliability Verify Design Bidding Issues Constructibility Engineering Cost Effectiveness Metrics of Success Ensure Delivery of Files Final Corrections Assess Design Goal Fulfillment Constructibility Reliability Engineering Cost Effectiveness Client SatisfactionQU A L I T Y C O N T R O L C R I T E R I A PR O J E C T S T A R T CITY REVIEW INTERNAL REVIEW 405 APPENDIX 406 HE R M A N N D E S I G N G R O U P PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 Chris, a graduate of Pennsylvania State University, founded Hermann Design Group in Palm Desert, California in 1995. He has designed and overseen the construction of both public and private development projects throughout his career, with over 35 years of experience working in the Coachella Valley. Prior to founding HDG, Chris established the landscape architecture department for CUH2A, one of the nation’s largest multi-disciplinary architecture and engineering firms in 1983. He gained valuable experience working in collaboration with the civil engineering and architectural departments, solving a variety of design challenges. Before becoming a Coachella Valley resident, Chris was a principal at RHA Landscape Architects-Planners, Inc. in Riverside, a firm he had been with for nearly ten years. At RHA, Chris was principal in charge of schools, parks and recreation centers, commercial spaces, master- planned communities, and other public sector work. While recognizing the value of creating an inviting and aesthetically-pleasing environment, Chris prioritizes the conservation of natural resources and founded Hermann Design Group upon the principle of sustainability. In consideration of the environmental impacts of landscape design, he implements sustainable elements and techniques into the design process that maximize resource efficiency. Chris’s extensive experience working with a multitude of municipal clients has demonstrated his keen understanding of budgetary constraints, strict project timelines, and the need for inclusive elements to deliver a product that meets the client’s goals from start to finish. Mr. Hermann demonstrates HDG’s values of transparency and integrity by facilitating effective communication between the client, the consultant, and any applicable stakeholders. CHRIS HERMANN, PRESIDENT PRINCIPAL LANDSCAPE ARCHITECT CLARB Certified Landscape Architect #40888 CA #2754 / AZ #54352 / NV #1058 / ID #16916 / TX #3588 CERTIFICATIONS AND LICENSING Pennsylvania State University B.S. Landscape Architecture ED U C A T I O N CVLink Coachella Valley Cities, CA University Park Palm Desert, CA City of Indio Center Stage Indio Sports Park Master Plan Miles Avenue Park Master Plan HRPP Grant Park Renovations Median Improvements City of La Quinta SilverRock Venue Site Parkway and Median Improvements Fritz Burns Park Improvements Seasons Dog Park La Quinta Auto Collection Rancho Mirage Community Park Expansion & Amphitheater Rancho Mirage, CA Mecca Sports Complex Mecca, CA Thermal Community Park Master Plan Thermal, CA On-Call Services City of Indio City of La Quinta City of Palm Desert City of Palm Springs City of Rancho Mirage City of Moreno Valley County of San Bernardino RE P R E S E N T A T I V E P R O J E C T S AW A R D S Ann Hunter Welborn Circle of Excellence Award for Sustainability San Diego Housing Commission APWA CV Link (with Alta) Indian Wells Park SilverRock Venue Site Center Stage Mecca Sports Park City of La Quinta Parkways RESUME 407 HE R M A N N D E S I G N G R O U P PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 Mr. Estrada has steadily assumed positions of greater responsibility and leadership. Starting out as a project designer with RHA Landscape Architects-Planners, Inc. in 1994, he is now principal and vice president of Hermann Design Group, Inc. Jose has been an integral part of Hermann Design Group since 1999, and he heads up our production office in Riverside. He has established a professional aptitude in irrigation and landscape design, and he is able to direct a project at all stages of development. His extensive experience in the preparation of construction documents and field work experience allows for a complete design process from the schematic level to final design. Jose is bilingual, speaking both English and Spanish, making him invaluable in the field. This ability to communicate in the field aids in explaining the design thought process, resulting in a more successful installation. Mr. Estrada’s ability to work independently and his attention to follow-through make him a valuable asset to any project team. Jose has a wide diversity of experience in projects including public works projects, commercial, urban development, golf course development, and institutional projects. He is an experienced designer of LEED-certified projects. He has provided design services for a large variety of clients throughout Southern California including the cities of Los Angeles, Perris, Menifee, Riverside, Indio, La Quinta, Palm Desert, Rancho Mirage, and Coachella. Parkway and Median Improvements La Quinta, CA Mecca Sports Complex Mecca, CA Miles Avenue Park Indio CA CV Link Coachella Valley SilverRock Venue Site La Quinta, CA Rancho Mirage Community Park Expansion & Amphitheater Rancho Mirage, CA Dr. Carreon Park Improvements Indio, CA Indio Sports Park Indio, CA REPRESENTATIVE PROJECTS JOSE ESTRADA, VICE PRESIDENT PRINCIPAL / DIRECTOR OF IRRIGATION EDUCATION Cal Poly PomonaB.S. Landscape Architecture RESUME 408 HE R M A N N D E S I G N G R O U P PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 In his tenure at Hermann Design Group, Opus has become a key designer and indispensable leader with project management skills. Opus combines his understanding of plant material, maintenance, horticulture experience, and natural artistic talent with invaluable technical skill. He is responsible for HDG CAD operations and systems management, providing guidance and mentorship to emerging designers. Opus has comprehensive experience designing projects in the public sector such as parks, trailheads, and capital improvement projects in addition to noteworthy commercial and residential developments. When Alta Planning + Design contacted us in 2015 to assist locally with the landscape design of the CVLink, Opus worked alongside Chris Hermann on the design work, eventually taking over as the lead contact for with Alta. Also starting in 2015, Opus has served as the project manager for the improvements included in the City of La Quinta’s multi-year North Landscape and Lighting District Renovation Plan. In his role as project manager, Opus has produced numerous turf removal and landscape redesign plans for various basins, streetscapes, parkways, and medians throughout La Quinta. Several of these projects include Rancho Ocotillo, Acacia, Del Oro, Quinterra, and Highlands. His experience overseeing long-term city-wide capital improvement projects has provided him with the knowledge necessary to maximize project efficiency and create a sense of design cohesion. OPUS GARZA, ASSOCIATE SENIOR DESIGNER / PROJECT MANAGER EDUCATION Cal Poly San Luis Obispo B.S. Landscape Architecture L&L Parkway and Median Improvements La Quinta, CA Miles Avenue Park Indio, CA Indio Sports Park Indio, CA Median Improvements Indio, CA Cahuilla Hills Park Palm Desert , CA Desert Willow Parking Lot Palm Desert, CA CVLINK Coachella, CA South Jackson Park Indio, CA X-Park La Quinta, CA REPRESENTATIVE PROJECTS RESUME 409 October 2, 2024 CITY OF PALM DESERT 2024-RFP-134 LANDSCAPE MASTER PLAN DEVELOPMENT PROJECT FEE PROPOSAL 77899 WOLF ROAD, SUITE 102 PALM DESERT, CA 92211 (760) 777-9131 (PHONE) (760) 777-9132 (FAX) WWW.HDG-INC.COM 410 HE R M A N N D E S I G N G R O U P PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 FEE PROPOSAL FEES AND CHARGES Our fees will be billed on a lump sum, percentage complete basis unless otherwise indicated. All reimbursable expenses will be billed as incurred. I. MASTER PLAN DESIGN SERVICES $36,105.00 II. GENERAL SERVICES (Hourly) $ 4,480.00 REIMBURSABLES (Billed Only as Incurred) $ 1,000.00 TOTAL FEE INCLUDING ALLOWANCES $41,585.00 NORMAL HOURLY RATES Principal Landscape Architect/Principal Planner ..................................................................$195.00 per hour Construction Manager ............................................................................................................165.00 per hour Landscape Architect ................................................................................................................150.00 per hour Project Manager/Associate .....................................................................................................135.00 per hour Irrigation Designer ..................................................................................................................135.00 per hour Senior Designer .......................................................................................................................125.00 per hour Professional Staff/Specification Writer ...................................................................................105.00 per hour Designer ....................................................................................................................................95.00 per hour Draftsperson .............................................................................................................................85.00 per hour Administrative Staff ...................................................................................................................75.00 per hour OUTSIDE CONSULTANTS Services of outside consultants not listed in this proposal, at our direct cost, plus 15% of the actual cost of their services for coordination. REIMBURSABLES Reimbursable items, such as the cost of reprographic services, soil samples, and travel outside the Coachella Valley will be charged at our cost plus 15%. RATE INCREASES Due to increases in wages/benefits, fees and hourly rates are subject to an annual increase based on the Consumer Price Index (CPI-U) published by the Bureau of Labor Statistics. 411 HE R M A N N D E S I G N G R O U P PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 HOURLY BREAKDOWN CI T Y O F P A L M D E S E R T La n d s c a p e M a s t e r P l a n D e v e l o p m e n t P r o j e c t Pr i n c i p a l La n d s c a p e Ar c h i t e c t Pr o j e c t M a n a g e r / As s o c i a t e Ir r i g a t i o n De s i g n e r Se n i o r D e s i g n e r De s i g n e r Ad m i n $1 9 5 $1 5 0 $1 3 5 $1 3 5 $1 2 5 $9 5 $7 5 2 2 4 66 0 $ 8, 0 0 0 $ 4 8 8 20 2, 6 2 0 $ 1 6 16 12 35 4, 1 4 5 $ 2 12 14 1, 4 1 0 $ 8 8 18 30 64 7, 7 4 0 $ 2 8 8 2 20 2, 3 8 0 $ 8 16 24 2, 6 0 0 $ 4 4 4 16 28 3, 3 4 0 $ 4 16 20 2, 0 2 0 $ 1 4 4 1 10 1, 1 9 0 $ 23 9 36 , 1 0 5 $ 8 16 8 32 4, 4 8 0 $ 32 4, 4 8 0 $ 30 0 66 0 13 0 3 22 9 41 , 5 8 5 $ 1, 0 0 0 $ (B i l l e d a s I n c u r r e d ) PR O J E C T T O T A L S GE N E R A L S E R V I C E S Pr o j e c t M a n a g e m e n t / M e e t i n g s Ge n e r a l S e r v i c e s T o t a l RE I M B U R S A B L E E X P E N S E S Re p r o g r a p h i c s a n d O t h e r R e i m b u r s a b l e s Up d a t e T h r e e C o n c e p t s f o r F o u r T y p i c a l M e d i a n s Fi n a l M a s t e r P l a n Ci t y W i d e M a p w i t h T i e r L o c a t i o n s Op i n i o n o f P r o b a b l e C o s t M a s t e r P l a n n i n g T o t a l Dr o n e S e r v i c e Si t e V i s i t Da t a C o l l e c t i o n Ba s e S h e e t s Th r e e C o n c e p t s f o r F o u r T y p i c a l M e d i a n s Op i n i o n o f P r o b a b l e C o s t HE R M A N N D E S I G N G R O U P To t a l H o u r s To t a l C o s t M A S T E R P L A N N I N G Ki c k O f f M e e t i n g 412 HE R M A N N D E S I G N G R O U P PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 Chris, a graduate of Pennsylvania State University, founded Hermann Design Group in Palm Desert, California in 1995. He has designed and overseen the construction of both public and private development projects throughout his career, with over 35 years of experience working in the Coachella Valley. Prior to founding HDG, Chris established the landscape architecture department for CUH2A, one of the nation’s largest multi-disciplinary architecture and engineering firms in 1983. He gained valuable experience working in collaboration with the civil engineering and architectural departments, solving a variety of design challenges. Before becoming a Coachella Valley resident, Chris was a principal at RHA Landscape Architects-Planners, Inc. in Riverside, a firm he had been with for nearly ten years. At RHA, Chris was principal in charge of schools, parks and recreation centers, commercial spaces, master- planned communities, and other public sector work. While recognizing the value of creating an inviting and aesthetically-pleasing environment, Chris prioritizes the conservation of natural resources and founded Hermann Design Group upon the principle of sustainability. In consideration of the environmental impacts of landscape design, he implements sustainable elements and techniques into the design process that maximize resource efficiency. Chris’s extensive experience working with a multitude of municipal clients has demonstrated his keen understanding of budgetary constraints, strict project timelines, and the need for inclusive elements to deliver a product that meets the client’s goals from start to finish. Mr. Hermann demonstrates HDG’s values of transparency and integrity by facilitating effective communication between the client, the consultant, and any applicable stakeholders. CHRIS HERMANN, PRESIDENT PRINCIPAL LANDSCAPE ARCHITECT CLARB Certified Landscape Architect #40888 CA #2754 / AZ #54352 / NV #1058 / ID #16916 / TX #3588 CERTIFICATIONS AND LICENSING Pennsylvania State University B.S. Landscape Architecture ED U C A T I O N CVLink Coachella Valley Cities, CA University Park Palm Desert, CA City of Indio Center Stage Indio Sports Park Master Plan Miles Avenue Park Master Plan HRPP Grant Park Renovations Median Improvements City of La Quinta SilverRock Venue Site Parkway and Median Improvements Fritz Burns Park Improvements Seasons Dog Park La Quinta Auto Collection Rancho Mirage Community Park Expansion & Amphitheater Rancho Mirage, CA Mecca Sports Complex Mecca, CA Thermal Community Park Master Plan Thermal, CA On-Call Services City of Indio City of La Quinta City of Palm Desert City of Palm Springs City of Rancho Mirage City of Moreno Valley County of San Bernardino RE P R E S E N T A T I V E P R O J E C T S AW A R D S Ann Hunter Welborn Circle of Excellence Award for Sustainability San Diego Housing Commission APWA CV Link (with Alta) Indian Wells Park SilverRock Venue Site Center Stage Mecca Sports Park City of La Quinta Parkways RESUME 413 HE R M A N N D E S I G N G R O U P PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 Mr. Estrada has steadily assumed positions of greater responsibility and leadership. Starting out as a project designer with RHA Landscape Architects-Planners, Inc. in 1994, he is now principal and vice president of Hermann Design Group, Inc. Jose has been an integral part of Hermann Design Group since 1999, and he heads up our production office in Riverside. He has established a professional aptitude in irrigation and landscape design, and he is able to direct a project at all stages of development. His extensive experience in the preparation of construction documents and field work experience allows for a complete design process from the schematic level to final design. Jose is bilingual, speaking both English and Spanish, making him invaluable in the field. This ability to communicate in the field aids in explaining the design thought process, resulting in a more successful installation. Mr. Estrada’s ability to work independently and his attention to follow-through make him a valuable asset to any project team. Jose has a wide diversity of experience in projects including public works projects, commercial, urban development, golf course development, and institutional projects. He is an experienced designer of LEED-certified projects. He has provided design services for a large variety of clients throughout Southern California including the cities of Los Angeles, Perris, Menifee, Riverside, Indio, La Quinta, Palm Desert, Rancho Mirage, and Coachella. Parkway and Median Improvements La Quinta, CA Mecca Sports Complex Mecca, CA Miles Avenue Park Indio CA CV Link Coachella Valley SilverRock Venue Site La Quinta, CA Rancho Mirage Community Park Expansion & Amphitheater Rancho Mirage, CA Dr. Carreon Park Improvements Indio, CA Indio Sports Park Indio, CA REPRESENTATIVE PROJECTS JOSE ESTRADA, VICE PRESIDENT PRINCIPAL / DIRECTOR OF IRRIGATION EDUCATION Cal Poly PomonaB.S. Landscape Architecture RESUME 414 HE R M A N N D E S I G N G R O U P PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 In his tenure at Hermann Design Group, Opus has become a key designer and indispensable leader with project management skills. Opus combines his understanding of plant material, maintenance, horticulture experience, and natural artistic talent with invaluable technical skill. He is responsible for HDG CAD operations and systems management, providing guidance and mentorship to emerging designers. Opus has comprehensive experience designing projects in the public sector such as parks, trailheads, and capital improvement projects in addition to noteworthy commercial and residential developments. When Alta Planning + Design contacted us in 2015 to assist locally with the landscape design of the CVLink, Opus worked alongside Chris Hermann on the design work, eventually taking over as the lead contact for with Alta. Also starting in 2015, Opus has served as the project manager for the improvements included in the City of La Quinta’s multi-year North Landscape and Lighting District Renovation Plan. In his role as project manager, Opus has produced numerous turf removal and landscape redesign plans for various basins, streetscapes, parkways, and medians throughout La Quinta. Several of these projects include Rancho Ocotillo, Acacia, Del Oro, Quinterra, and Highlands. His experience overseeing long-term city-wide capital improvement projects has provided him with the knowledge necessary to maximize project efficiency and create a sense of design cohesion. OPUS GARZA, ASSOCIATE SENIOR DESIGNER / PROJECT MANAGER EDUCATION Cal Poly San Luis Obispo B.S. Landscape Architecture L&L Parkway and Median Improvements La Quinta, CA Miles Avenue Park Indio, CA Indio Sports Park Indio, CA Median Improvements Indio, CA Cahuilla Hills Park Palm Desert , CA Desert Willow Parking Lot Palm Desert, CA CVLINK Coachella, CA South Jackson Park Indio, CA X-Park La Quinta, CA REPRESENTATIVE PROJECTS RESUME 415 416 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: November 14, 2024 PREPARED BY: Chris Escobedo, Assistant City Manager Veronica Chavez, Finance Director SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE PALM DESERT TRANSACTION AND USE TAX – 5 YEAR SPENDING PLAN AND PRIORITIES AND EXECUTE THE NECESSARY AGREEMENTS FOR THE ADMINISTRATION AND IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX RECOMMENDATION: 1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE PALM DESERT TRANSACTIONS AND USE TAX – 5 YEAR SPENDING PLAN AND PRIORITIES AND EXECUTE THE NECESSARY AGREEMENTS FOR THE ADMINISTRATION AND IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX.” 2. Authorize the City Manager to execute all documents necessary to effectuate the actions taken herewith and amend the terms of staffing as may be necessary from time to tim e to respond to immediate community needs. BACKGROUND/ANALYSIS: At the June 14, 2024, meeting, the City Council unanimously voted to adopt a resolution calling for the placement of a general tax measure on the ballot for the November 5, 2024, General Municipal Election. The ballot measure, identified as Measure G, propose d a one-cent general transaction and use tax (sales tax). At the time of this report, Measure G is ahead with 65.12% of the vote, with a minimum of 50% + 1 required for passage. Alongside the tax measure, the City Council adopted a 5-year spending plan and priorities (Attachment 1), outlining to the community how the funds from Measure G would be spent. Staff now seeks authorization, through this resolution (Attachment 2), to begin implementing these priorities. Several essential services require additional revenue to maintain Palm Desert’s quality of life and safety, including: New fire services staffing, Fire Station 33 Renovation/Temporary Site, Fire Station 71 Renovation/Temporary Site, New police services staffing, Storm channel and retention basin improvements, City-wide facility and equipment replacement, New Public Works staffing, Library construction, 417 City of Palm Desert Measure G Five-Year Spending Plan Implementation Page 2 of 3 North Sphere regional park, and Spending contingency/reserve replacement. While priorities are projected over five years, some items are included in this implementation authorization due to the 12-18 months lead time required to achieve objectives. New Fire Service Staffing Authorize the City Manager to amend the Cooperative Agreement with the County of Riverside for Fire Protection, Fire Prevention, Rescue, and Medical Emergency Services. The City has completed design of Fire Station 102, its fourth fire station, and with Measure G anticipated to pass, staff will proceed with bidding for construction. The Cooperative Agreement amendment will add 12 new firefighters and extend the agreement term for station operations. New Police Services Staffing In Fiscal Year 2020/21, the City adjusted staffing levels to maximize non-sworn officer roles, initiated technology strategies to maintain safety levels, and more efficiently monitored crime trends. Since that time, 113 Automated License Plate Recognition (ALPR) cameras have been deployed citywide, a sworn business district officer was added, and a sworn school resource officer was restored. Over the past nine months, overtime and special enforcement programs have supplemented law enforcement presence. Crime trends support making these additions permanent, along with adding sworn staff in two phases to the City’s agreement to keep pace with calls for police service and response times. This will add six sworn officers to the Agreement for Law Enforcement Services with the County of Riverside, Riverside County Sheriff’s Department. Phase 1 (Effective January 1, 2025) One Patrol Deputy (equivalent to 12 hours of additional police presence per day) Two dedicated Motorcycle Enforcement officers and acquisition of two motorcycles Phase 2 (Effective July 1, 2025) Two Patrol Deputies (equivalent to 24 hours of additional presence per day) One Special Enforcement Team officer New Public Works Staffing As the City grows, additional Public W orks crews are required to maintain its infrastructure. Staff estimates three additional crew members would be needed for proactive service delivery. With growth in North Palm Desert—including new roadways, sidewalk, drainage, and park infrastructure—additional staffing or contracts will be required to maintain these assets. The FY 2024-25 Annual Budget included additional funding for the changes above, contingent upon Measure G’s approval. Going Forward Staff will continue implementing the plan and provide regular updates to the City Council, Finance Committee, and the community to ensure oversight and transparency. 418 City of Palm Desert Measure G Five-Year Spending Plan Implementation Page 3 of 3 Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: The anticipated financial impact aligns with priorities set in the approved Measure G Five -Year Spending Plan, as detailed below: ATTACHMENT: 1. Resolution 2024-034, Five-Year Spending Plan 2. Draft Resolution 419 420 RESOLUTION NO. 2024-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA EXPRESSING ITS INTENT TO PRIORITIZE SPENDING OF TRANSACTIONS AND USE (SALES) TAX (TUT) REVENUE FOR FIRE PREVENTION, PUBLIC SAFETY, PARKS, LIBRARY, AND INFRASTRUCTURE PURPOSES. WHEREAS, the City Council of the City of Palm Desert (“City”) is authorized to levy a Transactions and Use (Sales) Tax (TUT) for general purposes pursuant to California Revenue and Taxation Code section 7285.9, subject to approval by a majority vote of the electorate pursuant to Article XIIIC, Section 2 of the California Constitution (“Proposition 218”); and WHEREAS, pursuant to California Elections Code Section 9222, the City Council has authority to place local measures on the ballot to be considered at a Municipal Election; and WHEREAS, based upon the above, on June 13, 2024, the City Council of the City of Palm Desert called a General Municipal Election to be held on November 5, 2024, for the purpose of submitting to the voters the question of whether to adopt an ordinance adding Chapter 3.26 to the Palm Desert Municipal Code, which would enact a one percent (1%) TUT until it is ended by voters; and WHEREAS, pursuant to the proposed measure/ordinance, the TUT is a general tax enacted solely to raise revenue for the general governmental use of the City and all of the proceeds from the tax shall be placed in the City's general fund and used for the usual current expenses of the City; and WHEREAS, the general fund pays for important City services such as police and public safety services, street and public right-of-way operations, maintenance and improvement, community center and recreation services, and other general municipal services to the public; and WHEREAS, the City Council desires to adopt this resolution expressing this City Council’s intent, if the TUT measure is enacted by the voters, to commit to spend future TUT revenue for various purposes, with certain priorities for fire prevention, public safety, parks, library, and infrastructure purposes as outlined in the 5-Year Spending Plan and Priorities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: 6(&7,21 1. Findings. The City Council finds that all of the preceding recitals are true and correct. 6(&7,21 2. Priorities for Spending TUT Revenue. The City Council hereby expresses its intent, if the TUT measure is enacted by the voters, to prioritize spending of future TUT revenue as outlined in the “5 Year Spending Plan and Priorities”, attached 421 Resolution No. 2024-034 Page 2 hereto as Exhibit “A” and incorporated herein by reference. 6(&7,21 3. TUT Not Deemed a Special Tax. The adoption of this Resolution shall not be construed, and it is not the City Council’s intent, to convert the proposed TUT into a “special tax”, as that term is defined Article XIIIC §1(d) of the California Constitution, or California Government Code sections 53721 and 53724, or any combination thereof. Although this Resolution expresses the intent of the current City Council to prioritize spending future TUT revenues for certain purposes, the TUT shall remain a “general tax” as that term is defined in Article XIIIC §1(a) of the California Constitution and as set forth in the proposed TUT ordinance. In the event this Resolution is determined to convert the proposed TUT into a special tax, it shall be deemed void for all purposes. 6(&7,21 4. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. ADOPTED ON JUNE 13, 2024. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK APPROVED AS TO FORM: ISRA SHAH CITY ATTORNEY 422 Resolution No. 2024-034 Page 3 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-034 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 June 13, 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 423 Resolution No. 2024-034 Page 4 EXHIBIT “A” 5 Year Spending Plan and Priorities [attached behind this page] 424 PRIORITY - FIRE PREVENTION/EMERGENCY RESPONSE Project #1: Fire Station 102 Construction and Staffing The City has reallocated bond proceeds intended for lower priority projects to build Fire Station 102. Upon its opening, the Fire Services costs are estimated to increase $7.5M in the first year to operate the new staion and ladder truck. Additionally, Cal-Fire who provides the staffing for fire services in Palm Desert through the contract with the County of Riverside, has implemented new requirements that require additional staffing to accommodate the various changes including limiting the max number of hours each fire person is permitted to work. The associated costs immediately increase costs by an additional $3M annually beginning in 2025-26. Revenues associated with the growth in the North Sphere grow at a much slower pace and will not be able to support the increased staffing needs to maintain current emergency service levels. Funding from the tax measure could be used for these costs. Project #2: Fire Station 33 Rehabilitation Over a period of years, the City has transferred funds from the General Fund to reserve funds necessary to rehabilitate the 30+ year old Fire Station 33. Current estimates are at $6M. Costs to house the staff during rehabilitation have not been included in the budget. Funding from the Tax could be used to pay these costs, while not limiting service to the community or risking the safety of the staff during that time. Project #3: Fire Station 71 Reconstruction Over a period of years, the City has transferred funds from the General Fund to reserve funds necessary to rehabilitate the 30+ year old Fire Station 71. Current estimates are at $7M. Costs to house the staff during rehabilitation have not been included in the budget. Funding from the Tax could be used to pay these costs, while not limiting service to the community or risking the safety of the staff during that time. PRIORITY - PUBLIC SAFETY Project #1: Increase Public Safety Patrol Staffing (3) The Public Safety Committee has identified additional patrols in the City as a priority to address traffic issues and rising crime rates. The cost for 3 additional police officers is $1.3M in FY 2024-25. Overall public safety costs typically increase at approximately 3-5% annually. As the City continues to grow, we anticipate the need for an additional 3 police officers inYear 4 of the plan. PRIORITY - INFRASTRUCTURE REPAIR AND EQUIPMENT REPLACEMENT Project #1: North Sphere Flood Control Infrastructure and Emergency Plan As a result of Tropical Storm Hilary, City staff has analyzed ways to address those areas of the City that were adversely impacted. The North Sphere was impacted by flooding, silt, and debris that moved eastward from the Morongo basin. The $6M in cleanup costs were covered by City emergency reserve funds. Staff hopes to recover approximately $3-4M of those costs through insurance and FEMA claims. However, maintaining and improving infrastructure, expanding retention basin areas, and ensuring the city's storm water infrastructure network is properly maintained and improved will be paramount to managing long-term impacts for residents. Project #2: North Sphere Public Works Staffing (3) As the City continues to grow, additional public works crews are required to maintain the city's infrastructure network . Staff estimates the cost for 3 additional crew members to be roughly $360,000 in 2024-25 dollars. The growth in north PD including new roadways, sidewalk, drainage and park infrastructure and additional staffing or contracts will be required to maintain new assets. The tax could pay for these costs. PALM DESERT TRANSACTION AND USE TAX - 5 YEAR SPENDING PLAN AND PRIORITIES 425 PRIORITY - PARKS, RECREATION, AND LIBRARY EXPANSION Project #1: Palm Desert Library Construction and Staffing TheCityhasreallocated bondproceeds intendedfor lowerpriority projectsto helpbuild thePalm DesertMunicipal Library. Costs are currently estimated at $30M for construction. There currently is approximately $20M in proceeds available, with the remaining $10M requiring the use of reserves and/or funding from another source such as the sales tax. Project #2: North Sphere Regional Park and Staffing A small portion of the costs for the construction of the North Palm Desert Regional Park is currently covered by bond proceeds. However, the majority of the $20M estimated costs would be paid through the use of reserve funds, or funding from another source, such as the sales tax to complete construction. Depending on the ultimate design and use of the park facilities, additional staffing will be required, which could be paid from the sales tax funding. PRIORITY - FINANCIAL RESERVES Project #1: Replenishment of Emergency and Operation Reserves The City may be required to use reserve funds to pay for numerous facility maintenance and capital improvement costsoverthenext5years. Additionally,planningandpreparingfornaturaldisasters,byreservingforemergencies isimportant,asevidencedbytheswiftresponsetoTropicalStormHilary.PalmDesert'sabilitytorecover fromsuch events is necessary to support community resilliency. Sales tax revenue would be allocated to replenish the reductions to reserve in accordance with the reserve policy. This standard supports the City's conintued effort to maintain fiscal responsibility and not having to rely on debt financing. 426 Ca t e g o r y F Y 2 0 2 4 - 2 5 F Y 2 0 2 5 - 2 6 F Y 2 0 2 6 - 2 7 F Y 2 0 2 7 - 2 8 F Y 2 0 2 8 - 2 9 T o t a l 5 - Y r P l a n 1 c e n t s a l e s t a x 25 , 1 6 4 , 5 1 0 2 5 , 8 6 9 , 1 1 6 2 6 , 5 1 5 , 8 4 4 2 7 , 3 1 1 , 3 2 0 1 0 4 , 8 6 0 , 7 9 0 Cu r r e n t P l a n n e d C o s t s Ne w F i r e S e r v i c e s S t a f f i n g P u b l i c S a f e t y 9 0 0 , 0 0 0 1 0 , 6 5 7 , 4 4 0 1 0 , 9 7 1 , 4 7 2 1 1 , 2 3 2 , 8 1 8 1 1 , 4 9 6 , 3 3 8 45 , 2 5 8 , 0 6 7 Fi r e S t a t i o n 3 3 R e n o v a t i o n / T e m p S i t e P u b l i c S a f e t y 1 , 2 0 0 , 0 0 0 1, 2 0 0 , 0 0 0 Fi r e S t a t i o n 7 1 R e n o v a t i o n / T e m p S i t e P u b l i c S a f e t y 1 , 2 0 0 , 0 0 0 1, 2 0 0 , 0 0 0 Ne w P o l i c e S e r v i c e s S t a f f i n g P u b l i c S a f e t y 1 , 3 0 0 , 0 0 0 1 , 3 5 2 , 0 0 0 1 , 4 0 6 , 0 8 0 2 , 8 1 2 , 1 6 0 2 , 9 2 4 , 6 4 6 9, 7 9 4 , 8 8 6 St o r m C h a n n e l a n d R e t e n t i o n B a s i n Im p s I n f r a s t r u c t u r e / H & S 5 , 5 0 8 , 0 0 0 8 , 0 0 0 , 0 0 0 5 , 0 0 0 , 0 0 0 18 , 5 0 8 , 0 0 0 Ci t y - W i d e F a c i l i t y a n d E q u i p m e n t R e p l a c e m e n t I n f r a s t r u c t u r e / H & S 8 , 3 9 7 , 0 0 1 9 , 9 4 4 , 6 6 5 7 , 7 9 8 , 7 3 4 1 2 , 8 6 5 , 3 0 5 9 , 2 6 4 , 8 0 2 48 , 2 7 0 , 5 0 6 Ne w P u b l i c W o r k s S t a f f i n g P u b l i c W o r k s 3 6 0 , 0 0 0 3 7 0 , 8 0 0 3 8 1 , 9 2 4 7 8 6 , 7 6 3 8 1 0 , 3 6 6 2, 7 0 9 , 8 5 4 Li b r a r y C o n s t r u c t i o n ( $ 2 0 M P d f r o m B o n d s ) C o m m u n i t y A m e n i t y 1 0 , 0 0 0 , 0 0 0 10 , 0 0 0 , 0 0 0 No r t h S p h e r e R e g i o n a l P a r k C o m m u n i t y A m e n i t y 1 5 , 0 0 0 , 0 0 0 1 5 , 0 0 0 , 0 0 0 30 , 0 0 0 , 0 0 0 Sp e n d i n g C o n t i n g e n c y / R e s e r v e R e p l e n i s hm e n t F i s c a l D i s c i p l i n e / R e s p o n s i b i l i t y 2, 8 1 5 , 1 6 7 2, 8 1 5 , 1 6 7 To t a l P l a n n e d C o s t s 1 6 , 4 6 5 , 0 0 1 3 2 , 7 2 4 , 9 0 5 4 0 , 5 5 8 , 2 1 0 5 2 , 6 9 7 , 0 4 6 2 7 , 3 1 1 , 3 1 9 1 6 9 , 7 5 6 , 4 8 0 Ad d i t i o n a l A m o u n t n e e d e d f r o m R e s e r v e o r O t h e r S o u r c e ( 1 6 , 4 6 5 , 0 0 1 ) ( 7 , 5 6 0 , 3 9 5 ) ( 1 4 , 6 8 9 , 0 9 4 ) ( 2 6 , 1 8 1 , 2 0 2 ) 0 ( 6 4 , 8 9 5 , 6 9 0 ) *A n n u a l a l l o c a t i o n s a r e s u b j e c t t o C i t y C o u n c i l a p p r o v a l t h r o u g h t h e a n n u a l b u d g e t p r o c e s s . S p e n d i n g w i l l b e a u d i t e d a n n u a l l y . ** P r i o r i t y 1 c o s t s w i l l b e i m p l e m e n t e d u p o n T U T ( S a l e s T a x ) M e a s u r e a p p r o v a l a n d P r i o r i t y 2 c o s t s w i l l f o l l o w i n y e a r s 2 - 5 PA L M D E S E R T T R A N S A C T I O N A N D U S E T A X ( T U T ) - 5 Y E A R S P E N D I N G P L A N A N D P R I O R I T I E S Prioirity 1** Prioirity 2 ** * A n n u a l a l l o c a t i o n s s u b j e c t t o C i t y C o u n c i l a p p r o v a l o f A n n u a l B u d g e t 427 428 RESOLUTION NO. ___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE PALM DESERT TRANSACTIONS AND USE TAX – 5 YEAR SPENDING PLAN AND PRIORITIES AND EXECUTE THE NECESSARY AGREEMENTS FOR THE ADMINISTRATION AND IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX WHEREAS, on November 5, 2024, the residents of the City of Palm Desert approved Measure G, amending the Palm Desert Municipal Code to provide for a local transactions and use tax; and WHEREAS, in connection with the submission of the ballot measure, on June 13, 2024, the City Council adopted Resolution No. 2024-034, a resolution establishing the priorities for spending the transactions and use tax revenue and adopting a 5 -year spending plan; and WHEREAS, the California Department of Tax and Fee Administration (the “Department”) administers and collects transactions and use taxes for all applicable jurisdictions within the state; and WHEREAS, the Department will administer and collect the transactions and use tax for the City of Palm Desert; and WHEREAS, to effectuate the approval of the tax and implement the spending plan, it is necessary to enter into agreements with the Department; and WHEREAS, the Department requires that the City enter into a “Preparatory Agreement” and an “Administration Agreement” prior to the implementation of the tax, and WHEREAS, the Department will provide these agreements upon election certification and requires City Council approval of the agreements; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Incorporation of Recitals. The City Council finds and determines that the recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as though fully set forth herein. SECTION 2. Administration and Implementation of a Local Transactions and Use Tax. The City Council authorizes the City Manager to execute each agreement and any other documents necessary to implement the tax and approved spending plan. 429 SECTION 3. Approval of Staffing Additions. The City Council hereby approves the addition of staffing identified in the spending plan and authorizes the City Manager to execute all documents necessary to effectuate the actions taken herein. The City Manager is further authorized to amend staffing terms as needed to respond to immediate community needs. New Fire Service Staffing: Addition of twelve (12) new firefighters and extension of the Cooperative Agreement with the County of Riverside for the operation of Fire Station 102 New Police Services Staffing: Addition of six (6) sworn officers, hired in two phases. New Public Works Staffing: Addition of three (3) Public Works crew members to maintain the City’s infrastructure network and support continued growth. ADOPTED ON ________________, 2024. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK 430 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on _______________________, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ___________________. ANTHONY J. MEJIA CITY CLERK 431 432 IMPLEMENT MEASURE G SPENDING PLAN November 14, 2024 433 MEASURE G •1 CENT Sales Tax Measure •Election held Nov. 5 •Has 65.12 Approval (50% +1 needed to pass) 2434 SPENDING PLAN •Outlines to the community how the funds will be spent •Resolution authorizes the City Manager to implement •Priorities include public safety, public works, infrastructure, parks, library, and storm channel improvements 3435 PRIORITIES •New fire services staffing •Fire Station 33 renovation •Fire Station 71 renovation •New police services staffing •Storm channel and retention basin improvements •City -wide facility and equipment replacement •New public works staffing •Library construction •North Sphere regional park •Spending contingency, reserve replacement 4436 RESOLUTION POLICE SERVICES •6 sworn officers •Phase 1 (3 officers) effective January 2025 •Phase 2 (3 Officers in FY 25/26) FIRE SERVICES •Proceed with 4 th fire station •Authorization to hire 12 firefighters PUBLIC WORKS •Addition of 3 public works staff members for proactive infrastructure maintenance 5437 “ ” 6438 THANK YOU. QUESTIONS? Chris Escobedo, Assistant City Manager Veronica Chavez, Director of Finance 439 440 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: November 14, 2024 PREPARED BY: Ryan Gayler, Capital Projects Manager SUBJECT: INTRODUCTION OF AN ORDINANCE TO AMEND CHAPTER 12.04 – ENCROACHMENTS, OF THE PALM DESERT MUNICIPAL CODE, AND MAKING A FINDING OF EXEMPTION UNDER CEQA RECOMMENDATION: Introduce an Ordinance entitled “AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, TO AMEND CHAPTER 12.04 – ENCROACHMENTS, OF THE PALM DESERT MUNICIPAL CODE, AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” BACKGROUND/ANALYSIS: Section 12.04 (“Encroachment Ordinance”) of the Palm Desert Municipal Code (“PDMC”) establishes regulations for activities occurring within the public right-of-way (PROW) in the City of Palm Desert. The general purpose of the Encroachment Ordinance is to safeguard life, limb, property, and the public welfare by regulating and requiring permit s for certain activities and encroachments into the PROW. The proposed ordinance amendment will authorize the City Manager to waive encroachment permit fees for certain municipal projects or special events. Projects or events eligible for the fee waiver include those funded by the following sources: General Fund; Gas Tax/SB1 funds; Measure A funds; Fire Tax funds; Aquatic Facility funds; Library funds; Capital Reserve Project funds; and Housing Authority/Housing Assets funds. Authorizing the City Manager to waive fees for these funding sources will reduce unnecessary fund transfers and streamline administrative processes, eliminating the need and redundancy for the City to process payments to itself. 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, November 1, 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 are primarily technical and administrative in nature. No construction is proposed, and the amendments do not constitute any project approvals. 441 City of Palm Desert Amend Section 12.04 of the Municipal Code Page 2 of 2 FINANCIAL IMPACT: The is no direct financial impact to the General Fund with this action. ATTACHMENTS: 1. Draft Encroachment Ordinance 2. Attachment A to Draft Encroachment Ordinance 3. Public Hearing Notice 442 ORDINANCE NO. 2024- _______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA UPDATING CHAPTER 12.04 - ENCROACHMENTS AND MAKING A FINDING OF EXEMPTION UNDER CEQA. 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 section of the Palm Desert Municipal Code Chapter 12.04 - Encroachments, attached hereto as Attachment “A.” SECTION 2. CEQA Exemption. The City Council finds and determines that 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, or any physical alterations. It refines regulatory compliance and oversight rather than promoting physical development. No specific encroachments are approved under this ordinance. Thus, the ordinance is procedural in nature and it bears no potential for sign ificant 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 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. KARINA QUINTANILLA MAYOR 443 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 444 1 ATTACHMENT “A” ENCROACHMENT ORDINANCE AMENDMENT SECTION 1. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 12.04.145 Fee Waiver is hereby added as follows: 12.04.145 Fee Waiver The City Manager of the City of Palm Desert is hereby authorized to waive City Encroachment Permit fees for certain City-sponsored events or municipal projects. The City Manager may waive encroachment permit fees for projects funded by the following funding sources: General Fund; Gas Tax/SB1 funds; Measure A funds; Fire Tax funds; Aquatic Facility funds; Library funds; Capital Reserve Project funds; and Housing Authority/Housing Assets funds 445 446 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 CHAPTER 12.04 – ENCROACHMENTS OF THE PALM DESERT MUNICIPAL CODE AND MAKING FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL 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 portions of Chapter 12.04 of the Palm Desert Municipal Code regarding encroachments. The amendment provides the City Manager authorization to waive City encroachment permit fees for certain municipal projects. PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Desert, California, will hold a Public Hearing on Thursday, November 14, 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 ordinance amendment is available for review in the Office of the City Clerk at 73510 Fred Waring Drive, Palm Desert, California during regular business hours and on the City’s website at https://www.palmdesert.gov/our-city/mayor-and-city-council-/city-council-meeting-information- center COMMENT ON THIS ACTION: 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 November 1, 2024 CITY OF PALM DESERT, CALIFORNIA 447 448 CITY OF PALM DESERT CITY MANAGER’S OFFICE INTEROFFICE MEMORANDUM Date: November 14, 2024 To: Honorable Mayor and Councilmembers From: Anthony J. Mejia, City Clerk Subject: City Council Meeting of November 14, 2024 Below you will find questions received from the Mayor or Councilmembers and answers provided by City staff regarding tonight’s City Council meeting: ITEM 15a: INTRODUCTION OF AN ORDINANCE TO AMEND CHAPTER 12.04 – ENCROACHMENTS, OF THE PALM DESERT MUNICIPAL CODE, AND MAKING A FINDING OF EXEMPTION UNDER CEQA Q1: Does the proposed policy mean that Palm Desert will waive our own fees when Palm Desert wants to process an easement or encroachment? A1: The proposed amendment to Chapter 12.04 authorizes the City Manager to waive encroachment permit fees for municipal projects. This would be primarily used for waiving City encroachment fees for City of Palm Desert projects and events. The intent is to streamline processes for public projects funded by designated municipal sources. The City Manager could also waive fees for encroachment permits requested by other municipalities. It is common for City projects to need encroachment permits from neighboring cities to install traffic control for City projects. Neighboring cities have traditionally waived encroachment permit fees for each other as a courtesy. This waiver applies solely to encroachments and does not extend to easements. 449 450 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: November 14, 2024 PREPARED BY: Richard D. Cannone, AICP, Development Services Director SUBJECT: ADDENDUM TO THE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) 2018 FEE SCHEDULE UPDATE NEXUS REPORT AND ADOPT THE TUMF INFLATION ADJUSTMENT AND REVISED FEE SCHEDULE FOR CALENDAR YEAR 2025 RECOMMENDATION: 1. Hold a noticed consolidated public hearing and receive public testimony; and 2. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING AN ADDENDUM TO THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS’ TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) 2018 FEE SCHEDULE UPDATE NEXUS REPORT AND ADOPTING THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS EXECUTIVE COMMITTEE’S TUMF INFLATION ADJUSTMENT AND REVISED FEE SCHEDULE FOR CALENDAR YEAR 2025 APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF PALM DESERT.” BACKGROUND/ANALYSIS: The City, as a member of the Coachella Valley Association of Governments (“CVAG”), has collected a transportation uniform mitigation fee (“TUMF”) since 1989. Over that time, CVAG has adopted various nexus fee studies to determine the TUMF to be collected by the Cit y related to development projects approved and constructed within Palm Desert. The most recent nexus fee study prepared by CVAG was the Transportation Uniform Mitigation Fee (TUMF) 2018 Fee Schedule Update Nexus Report (the “Study”). Each year, the CVAG Executive Committee reviews the TUMF rates to determine if an annual inflation adjustment to the existing TUMF rates (“Inflation Adjustment”) is required. CVAG has proposed an Inflation Adjustment for 2025. The TUMF revenue established by CVAG is collected by the City and distributed to CVAG for funding regional transportation projects within the Coachella Valley. The imposition of TUMF rates, including adjustments, is governed by the Mitigation Fee Act (Government Code section 66000 et seq.) (the “Act”). Pursuant to the Act, anytime the TUMF rates are proposed to be imposed or increased the City is required to hold a noticed public hearing. Prior to adopting an increase to TUMF the City is required to adopt a nexus impact study meeting certain nexus and proportionality requirements supporting the need for the TUMF increase. Here, CVAG is proposing to impose the Inflation Adjustment. As part of the TUMF increase, CVAG is not proposing to adopt a new nexus study. However, the City is adopting an addendum to the existing Study (the “Addendum”) supporting the need for the Inflation Adjustment. Because the Act has been amended since 2018, the year the Study was prepared, 451 City of Palm Desert CVAG 2025 TUMF Fees Page 2 of 3 the City is proposing to adopt the Addendum to comply with the current Act requirements out of an abundance of caution to ensure compliance with the Act. On April 24, 2024, the CVAG Executive Committee approved the Inflation Adjustment to be imposed by each of its member agencies. Additionally, on March 21, 2024, the Desert Valleys Builders Association provided its letter in support of the Inflation Adjustment. The actions proposed are the steps required for the City, acting as a member agency of CVAG, to formally implement the Inflation Adjustment. The Act requires the City to hold a noticed public hearing in order to adopt increases to the TUMF charged by the City. Additionally, the Act requires the City hold a noticed public hearing in order to adopt an impact fee nexus study, or in this case, the Addendum. The City will hold a consolidated public hearing for the adoption of both the Addendum and the Inflation Adjustment. To adopt the Addendum, the City is required to post the Addendum and supporting documents on its website and to also make the information publicly available at least thirty (30) days prior to the date of the public hearing. Additionally, notice is required to be published in the newspaper and mailed to any interested party that has requested written notice be mailed to them in relation to the City adopting a Nexus Study. To adopt the Inflation Adjustment, the City is required to post the 2025 TUMF Fee Schedule and supporting documents on its website and to also make the information publicly available at least fourteen (14) days prior to the date of the public hearing. Addition ally, notice is required to be published in the newspaper and mailed to any interested party that has requested written notice be mailed to them in relation to the City adopting new or changes to existing fees. The City has completed these tasks in compliance with the Act. At this time the City Council shall hold the noticed consolidated public hearing, receive public testimony, and following the public hearing may approve a resolution adopting the Addendum and Inflation Adjustment as recommended. CVAG proposed the 2025 TUMF fee schedule to be effective January 1, 2025. However, the Act requires that fees shall not be effective sooner than 60 days following their adoption. Therefore, the 2025 TUMF fee schedule will become effective January 13, 2025. As part of this proceeding, the City Council will authorize future annual Inflation Adjustments, authorized by the CVAG Executive Committee, to be imposed and added to the then current TUMF fee schedule, without future action of the City Council or need for f uture public hearings, until such time as a new impact fee nexus study and TUMF are adopted, or the authorization is revoked by the City Council. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: 452 City of Palm Desert CVAG 2025 TUMF Fees Page 3 of 3 The proposed Addendum and Inflation Adjustment ensures that the City imposes and collects a developer impact fee that appropriately mitigates the cost of completing improvements to the regional roadway system in the Coachella Valley attributable to new development projects. TUMF is charged and collected by the City but transmitted and paid to CVAG for its administration of the regional system improvements within the Coachella Valley. ATTACHMENTS: 1. Resolution Adopting the Addendum and Inflation Adjustment, including attachments: a. Addendum to 2018 Study, including attachments: i. 2018 Study; ii. CVAG 2024 Staff Report; and iii. CVAG 2025 TUMF Fee Schedule b. CVAG 2025 TUMF Fee Schedule to be effective January 13, 2024 453 454 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING AN ADDENDUM TO THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS’ TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) 2018 FEE SCHEDULE UPDATE NEXUS REPORT AND ADOPTING THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS EXECUTIVE COMMITTEE’S TUMF INFLATION ADJUSTMENT AND REVISED FEE SCHEDULE FOR CALENDAR YEAR 2025 APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF PALM DESERT. WHEREAS, the City of Palm Desert (“City”) is a Member Agency of the Coachella Valley Association of Governments (“CVAG”), a joint powers agency consisting of the County of Riverside, the Aqua Caliente Band of Cahuilla Indians, the Cabazon Band of Mission Indians, the Torres Martinez Desert Cahuilla Indians, the City of Blythe, and the nine cities (the Cities of Desert Hot Desert, Palm Desert, Cathedral City, Rancho Mirage, Palm Springs, Indian Wells, La Quinta, Indio, and Coachella) situated in the Coachella Valley (collectively, the “Member Agencies”); and WHEREAS, acting in concert, the Member Agencies developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials within CVAG’s jurisdiction (the “Regional System”) could be made up in part by a Transportation Uniform Mitigation Fee (“TUMF”) imposed on new development within the jurisdiction; and WHEREAS, CVAG commissioned Michael Baker International, Inc., an independent fee consultant firm, to prepare a TUMF study entitled “Transpor tation Uniform Mitigation Fee (TUMF) 2018 Fee Schedule Update Nexus Report,” dated March 2018 (the “Study”) to establish updated TUMF funds and program revenue collection targets, which was approved by the CVAG Executive Committee on April 30, 2018; and WHEREAS, the Study and TUMF were adopted in compliance with the Mitigation Fee Act (Government Code, section 66000 et seq.) (the “Act”), which governs the adoption and implementation of development impact fees; and WHEREAS, as a CVAG Member Agency, the City participated in the preparation of the Study prepared pursuant to the Act and based upon the Study, the City adopted and collects the TUMF; and WHEREAS, subsequent to adopting the Study, the CVAG Executive Committee adopted a TUMF Handbook (the “Handboo k”) on June 25, 2018, which is used by the Member Agencies in imposing the TUMF, and the Handbook is updated periodically to accurately reflect the increased rates established for the TUMF as periodically increased; and WHEREAS, the CVAG Executive Committee annually reviews the TUMF and the need to apply inflationary increases (the “Inflation Adjustment”) based upon the annual change in the consumer price index for the Coachella Valley area known as the All Urban Consumers (“CPI-U”), All Items for Riverside-San Bernardino-Ontario, CA (the “Index”) 455 published by the Bureau of Labor Statistic and has proposed such action for the City Council of the City of Palm Desert (the “City Council”) to consider from time to time; and WHEREAS, the CVAG Executive Committee has proposed such Inflation Adjustment to the existing TUMF rates and has requested each Member Agency adopt increased TUMF rates effective January 1, 2025, which rates are included in the TUMF fee schedule (the “2025 TUMF Fee Schedule”), attached hereto as Exhibit “B” and incorporated herein by this reference; and WHEREAS, prior to adopting the Inflation Adjustment the City Council must adopt an addendum to the Study (the “Addendum”), attached hereto as Exhibit “A” a nd incorporated herein by this reference, supporting such increase and taking other actions to ensure compliance with the Act, including holding a notice public hearing for adoption of such Addendum; and WHEREAS, the proposed Addendum, the 2025 TUMF Fee S chedule, and other supporting data were posted on the City’s website and have been posted in the Office of the City Clerk of the City (the “City Clerk”) and have been available for public inspection and made available thirty (30) days prior to the date of this consolidated public hearing; and WHEREAS, notice of a consolidated public hearing to consider the adoption of the Addendum and the 2025 TUMF Fee Schedule was published in the newspaper and mailed to all interested parties that have submitted written requests for such written notice, as applicable, in compliance with the Act; and WHEREAS, the City Council wishes to authorize the City the ability to pass-through all future Inflation Adjustments as part of the CVAG TUMF program by holding a noticed consolidated public hearing seeking such authority; and WHEREAS, the City Council wishes to accurately collect TUMF along with the other Member Agencies within the Coachella Valley area as requested by the CVAG General Assembly; and WHEREAS, the proposed Inflation Adjustment and 2025 TUMF Fee Schedule modifies a development impact fee that is subject to the Act, and the City in considering such an increase to the TUMF, must adhere to the notice and public hearing provisions of the Act; and WHEREAS, on November 14, 2024, the City Council held a noticed consolidated public hearing at which it heard and considered any and all verbal and/or written testimony from the public, reviewed and considered the information for the Addendum, the Inflation Adjustment, and 2025 TUMF Fee Schedule and supporting data, and information provided at the public hearing by staff, and has now determined to adopt the Addendum and the 2025 TUMF Fee Schedule. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Palm Desert as follows: SECTION 1. The forgoing recitals are true and correct and are incorporated herein 456 by this reference as the factual basis for this Resolution. SECTION 2. The City Council has been presented with and has reviewed the information related to the Addendum and the Study, including all supporting data and after being so informed hereby adopts the Addendum and supporting data. SECTION 3. The City Council makes the following findings related to the Inflation Adjustment and 2025 TUMF Fee Schedule: a) The purpose of the TUMF is to pay for the costs of regional transportation- related capital facilities and infrastructure that are required to serve new development; b) The TUMF will be used to finance regional transportation improvements, including roadway, intersection, interchange, traffic signal improvements, and other Regional System projects. The specific public facilities are further described in the Study, on file in the Office of the City Clerk and such Study is incorporated herein by this reference. TUMF revenue will not be used for any other purpose than what is defined here; c) New developments in the CVAG region will increase demands from and travel upon, the Regional System. TUMF revenue will be used to fund the additional transportation system capacity necessary to accommodate new development; d) Each new development project will add to the incremental need for transportation capacity and improvements. The transportation facilities identified in the Study are necessary to support the future transportati on needs of the Regional System; and e) The TUMF is tied to the fair share cost allocations to new development based upon, among other things, traffic studies used to create the Study. The TUMF is generated based upon the rough proportionality to the number of trips generated by new development and assigns the TUMF based upon this basis by land use classification. SECTION 4. The City Council further finds that the Inflation Adjustment is a necessary component of the ongoing TUMF fees to ensure the revenue c ollected keeps pace with the costs of constructing the projects defined in the Study. Keeping pace with inflation ensures projects can be timely completed as needed to accommodate new development. Timely completion of projects ensures those who have paid the TUMF receive the benefit of their contributions towards the program while at the same time mitigates the expected impacts to the existing community. Without the Inflationary Adjustments many projects would become delayed, underfunded, and potentially no t able to be completed at all due to insufficient funds available to complete such projects. SECTION 5. The City Council hereby adopts the Inflation Adjustment and the 2025 TUMF Fee Schedule and such fees shall be effective as of January 13, 2025 and shal l apply to all development projects taking place within the City’s boundaries unless otherwise exempt. SECTION 6. As part of this Mitigation Fee Act proceeding, the City Council further authorizes future annual Inflation Adjustments, authorized by the CVA G Executive 457 Committee, to be imposed and added to the then current TUMF fee schedule, without future action of the City Council or need for future public hearings, until such time as a new impact fee nexus study and TUMF are adopted, or this authorization is revoked by the City Council. SECTION 7. The Director of Finance is hereby authorized and directed to incorporate the 2025 TUMF Fee Schedule, effective January 13, 2025, into the City’s development fees collected on new development projects and to take all action necessary to effectuate the purpose of this Resolution. SECTION 8. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 9. This Resolution shall become effective sixty (60) days following its adoption. ADOPTED ON this 14th day of November, 2024. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK 458 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM DESERT ) 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 the 14 th day of November, 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSE: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, this 14th day of November, 2024. ANTHONY J. MEJIA CITY CLERK 459 EXHIBIT “A” ADDENDUM TO THE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) 2018 FEE SCHEDULE UPDATE NEXUS REPORT ADOPTED BY CVAG IN MARCH 2018 460 EXHIBIT “B” 2025 TUMF FEE SCHEDULE TO BE EFFECTIVE JANUARY 13, 2025 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 May 1, 2024 REVISED FEE SCHEDULE FOR THE TRANSPORTATION UNIFORM MITIGATION FEE EFFECTIVE JAUARY 1, 2025 The Transportation Uniform Mitigation Fee (TUMF) is a development impact fee designed to offset the effects of population growth on transportation infrastructure within the Coachella Valley. It is charged on any construction that will result in an increase in vehicular trips. The TUMF is collected by the permitting jurisdiction in accordance with an adopted local ordinance, which further allows for an annual adjustment for inflation based on the Consumer Price Index for the Riverside-San Bernardino-Ontario metropolitan area. This inflation factor has been applied to the current fee schedule and results in the revised rates that will be assessed on new development starting January 1, 2025. TUMF Category Assessment Unit Rate as of January 1, 2025 Single family detached Dwelling unit $2,840 Multi-family attached Dwelling unit $1,635 Nursing/congregate care Dwelling unit $605 Retail 1,000 sq. ft. $7,385 Office 1,000 sq. ft. $2,935 Industrial 1,000 sq. ft. $1,490 Fuel - gas Dispensing unit $10,585 Fuel - electric Dispensing unit $110 Hotel Room $4,315 Golf course Acre $1,130 For any question regarding the application of TUMF, please contact the Coachella Valley Association of Governments at (760) 346-1127 or by emailing cvag@cvag.org. 515 516 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: November 14, 2024 PREPARED BY: Carlos Flores, AICP, Principal Planner SUBJECT: INTRODUCTION OF AN ORDINANCE TO AMEND SECTION 25.34.030 ACCESSORY DWELLING UNITS 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, AMENDING SECTION 25.34.030 RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND MAKING A FINDING OF EXEMPTION UNDER CEQA” BACKGROUND/ANALYSIS: In recent years, the California Legislature has approved, and the Governor has signed into law several bills that, among other things, amended various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs. In 2024, the California Legislature approved, and the Governor signed into law two new bills, AB 2533 and SB 1211, that further amended state ADU law as summarized below. AB 2533 – Unpermitted ADUs and JADUs Subject to limited exceptions, existing state law prohibits a city from denying a permit to legalize an unpermitted ADU that was constructed before January 1, 2018, if the denial is based on the ADU not complying with applicable building, state, or local ADU standards. One exception allows a city to deny a permit to legalize if the city makes a written finding that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure. AB 2533 changes this by: (1) expanding the above prohibition to also include JADUs; (2) moving the construction cutoff date from January 1, 2018, to January 1, 2020; and (3) re placing the above exception with a requirement that local agencies find that correcting the violation is necessary to comply with the standards specified in Health and Safety Code section 17920.3 (Substandard Buildings). (See amended Gov. Code, § 66332(a)–(f).) SB 1211 – Replacement Parking Requirements; Multifamily ADUs Replacement Parking Existing state law prohibits the City from requiring off-street parking spaces to be replaced when a garage, carport, or covered parking structure is demolished in conjunction with the construction of, or conversion to, an ADU. 517 City of Palm Desert Accessory Dwelling Units Ordinance Amendment Page 2 of 3 SB 1211 amends this to also prohibit a city from requiring replacement parking when an uncovered parking space is demolished for or replaced with an ADU. (See amended Gov. Code, § 66314(d)(11).) Multifamily ADUs Existing state law requires the City to ministerially approve qualifying building-permit applications for ADUs within “portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages ….” The term “livable space” is not defined by existing state ADU law. SB 1211 changes this by adding a new definition: “‘Livable space’ means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.” (See amended Gov. Code, § 66313(e).) SB 1211 also increases the number of detached ADUs that lots with an existing multifamily dwelling can have. Existing state law allows a lot with an existing or proposed multifamily dwelling to have up to two detached ADUs. Under SB 1211, a lot with an existing multifamily dwelling can have up to eight detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less. (See amended Gov. Code, § 66323(a)(4)(A)(ii).) SB 1211 does not alter the number of ADUs that a lot with a proposed multifamily dwelling can have — the limit remains at two. (See amended Gov. Code, § 66323(a)(4)(iii).) Streamlining/Clean Up City staff is also recommending revisions to the Zoning Ordinance section to streamline the process for staff and applicants to construct ADUs and clean up code references. Streamlining changes include the removal of a deed restriction requirement for ADUs (State law only requires this for JADUs) and removal of a separate ADU permit. Clean up items include correcting references to the PDMC and Government Code and clearer definitions. Summary Both AB 2533 and SB 1211 take effect January 1, 2025. To remain valid, the City’s ADU ordinance must comply with requirements imposed by AB 2533 and SB 1211. Adopting the proposed ordinance (Exhibit A to Attachment 1) ensures that the City’s ADU ordinance aligns with the amendments made to AB 2533 and SB 1211. Therefor e, staff is recommending the Planning Commission adopt Resolution No. 2885 (Attachment 1), recommending the City Council adopt the proposed amended ordinance. Adoption of the ordinance may require changes to other sections of the PDMC at a future date to e nsure consistency. Public Input: Public noticing was provided for the November 14, 2024, City Council meeting per the requirements of PDMC Section 25.60.060 and Government Code Sections 65090 to 65094. A public hearing notice was published a minimum of 1 0 days before the hearing date on Friday, November 1, 2024, in The Desert Sun newspaper. 518 City of Palm Desert Accessory Dwelling Units Ordinance Amendment Page 3 of 3 Environmental Review: Under California Public Resources Code (PRC) section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the Government Code, which is California’s ADU law, and which also regulates JADUs, as defined by section 66313. Therefore, the adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law. Appointed Body Recommendation: On October 29, 2024, the City of Palm Desert’s Planning Commission adopted Planning Commission Resolution No. 2885 to recommend City Council approval of ZOA2024-0003 as presented. LEGAL REVIEW: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no direct financial impact with this action. ATTACHMENTS: 1. Draft City Council Ordinance a. Draft Exhibit A – Zoning Ordinance Amendment 2. Public Hearing Notice 519 520 - 1 - ORDINANCE NO. ________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT AMENDING SECTION 25.34.030 OF THE CITY OF PALM DESERT MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA CEQA UNDER PUBLIC RESOURCES CODE § 21080.17 WHEREAS, the City of Palm Desert, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533 (“AB 2533”) and Senate Bill 1211 (“SB 1211”), which further amend state ADU law; and WHEREAS, AB 2533 and SB 1211 take effect on January 1, 2025, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the requirements of AB 2533 and SB 1211; and WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect AB 2533’s and SB 1211’s changes to state law; and WHEREAS, on October 29, 2024, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning this proposed Ordinance. Following the public hearing, the Planning Commission adopted Planning Commission Resolution No. 2885 to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and WHEREAS, on November 14, 2024, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred. 521 - 2 - NOW, THEREFORE, the City Council of the City of Palm Desert does ordain as follows: SECTION 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council. SECTION 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313. Therefore, adoption of the Ordinance is statutorily exempt from CEQA in that it implements state ADU law. SECTION 3. General Plan. The City Council hereby finds that the adoption of the Ordinance is consistent with the General Plan as a matter of law under Government Code section 66314(c). SECTION 4. Code Amendment. Section 25.34.030 of the Palm Desert Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit “A,” attached hereto and incorporated herein by reference. SECTION 5. Effective Date. This Ordinance takes effect 30 days after its adoption. SECTION 6. HCD Submittal. In accordance with Government Code section 66326, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption. SECTION 7. Publication. The City Clerk is directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law. SECTION 8. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 73-510 Fred Waring Drive, Palm Desert, CA. SECTION 9. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof. 522 - 3 - 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. ____ 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 523 524 93939.00051\32452781.44 1 EXHIBIT A - ZONING ORDINANCE AMENDMENT Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.34.030 is hereby amended as follows: Section 25.34.030 Accessory Dwelling Units A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code. B. Effect of conforming. An ADU or JADU that conforms to the standards in this section will not be: 1. Deemed to be inconsistent with the City’s General Plan and zoning designation for the lot on which the ADU or JADU is located. 2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located. 3. Considered in the application of any local ordinance, policy, or program to limit residential growth. 4. Required to correct a nonconforming zoning condition, as defined in subsection (C)(8) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12. C. Definitions. As used in this section, terms are defined as follows: 1. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following: a. An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and b. A manufactured home, as defined by section 18007 of the California Health and Safety Code. 2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. 525 93939.00051\32452781.44 2 3. “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. 4. “Efficiency kitchen” means a kitchen that includes all of the following: a. A cooking facility with appliances. b. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU. 5. “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following: a. It is no more than 500 square feet in size. b. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single- family structure. c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure. d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling. e. It includes an efficiency kitchen, as defined in subsection (C)(4) above. 6. “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. 7. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. 8. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards. 9. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU. 10. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting. 526 93939.00051\32452781.44 3 11. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. 12. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. D. Approvals. The following approvals apply to ADUs and JADUs under this section: 1. Building-Permit. An ADU or JADU must comply with each of the general requirements in subsection (E) below and is allowed with a building-permit in the following scenarios: a. Converted on Single-family Lot: One ADU as described in this subsection (D)(1)(a) and 1 JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU: i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and ii. Has exterior access that is independent of that for the single- family dwelling; and iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes. iv. The JADU complies with the requirements of Government Code sections 66333 through 66339. b. Limited Detached on Single-family Lot: One detached, new- construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (D)(1)(a) above, if the detached ADU satisfies each of the following limitations: i. The side- and rear-yard setbacks are at least 4 feet. ii. The peak height above grade does not exceed the applicable height limit in subsection (E)(2) below. c. Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU 527 93939.00051\32452781.44 4 complies with state building standards for dwellings. Under this subsection (D)(1)(c), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units. d. Limited Detached on Multifamily Lot: No more than 2 detached ADUs on a lot with a proposed multifamily dwelling, or up to 8 detached ADUs on a lot with an existing multifamily dwelling, subject to the following: i. The side- and rear-yard setbacks are at least 4 feet. If the existing multifamily dwelling has a rear or side yard setback of less than 4 feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU. ii. The peak height above grade does not exceed the applicable height limit provided in subsection (E)(2) below. iii. If the lot has existing multifamily dwelling units, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot. 2. Process and Timing. a. A building-permit for an ADU or JADU is considered and approved ministerially, without discretionary review or a hearing; provided, however, this section does not preclude or modify any requirement for discretionary review or a hearing under another provision of the Municipal Code consistent with the requirements of state law. b. The City may charge a fee to reimburse it for costs incurred in processing building permits, including the costs of adopting or amending the City’s ADU ordinance. The building permit processing fee is determined by the Director of Development Services and approved by the City Council by resolution. c. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either: i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or ii. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the 528 93939.00051\32452781.44 5 permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. d. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (D)(2)(c) above. e. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time. E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsection (D): 1. Zoning. a. An ADU subject to a building permit under subsection (D)(1) above may be created on a lot in a residential or mixed-use zone. b. In accordance with Government Code section 66333(a), a JADU may only be created within the following zoning designations: R-1, R-E, R- 2, R-3, and PR. A JADU is prohibited in all other zoning designations, including R-1M and HPR. 2. Height. a. Except as otherwise provided by subsections (E)(2)(b) and (E)(2)(c) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height. b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to 2 additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. 529 93939.00051\32452781.44 6 c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than 1 story above grade may not exceed 18 feet in height. d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (E)(2)(d) may not exceed 2 stories. e. For purposes of this subsection (E)(2), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure. 3. Fire Sprinklers. a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence. b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. 4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created. 5. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot). 6. Septic System. If the ADU or JADU will connect to an onsite wastewater- treatment system, the owner must include with the application a percolation test completed within the last 5 years or, if the percolation test has been recertified, within the last 10 years. 7. Owner Occupancy. a. ADUs created under this section on or after January 1, 2020, are not subject to an owner-occupancy requirement. b. As required by state law, all JADUs are subject to an owner- occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement in this 530 93939.00051\32452781.44 7 subsection (E)(7)(b) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. 8. Deed Restriction. Prior to issuance of a building permit for a JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director of Development Services. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that: a. Except as otherwise provided in Government Code section 66341, the JADU may not be sold separately from the primary dwelling. b. The JADU is restricted to the approved size and to other attributes allowed by this section. c. The deed restriction runs with the land and may be enforced against future property owners. d. The deed restriction may be removed if the owner eliminates the JADU. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of a JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code. e. The deed restriction is enforceable by the Director of Development Services or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit. 9. Certificate of Occupancy. A certificate of occupancy may not be issued for an ADU or JADU until a certificate of occupancy has been issued for the primary dwelling. 10. Building & Safety. a. Must comply with building code. Subject to subsection (E)(10)(b) below, all ADUs and JADUs must comply with all local building code requirements. 531 93939.00051\32452781.44 8 b. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (E)(10)(b) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section. F. Specific ADU Requirements. The following requirements apply to all ADUs and JADUs permitted under subsection (D) above. 1. Maximum Size. a. The maximum size of a detached or attached ADU subject to this subsection (F) is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with 2 or more bedrooms. b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. c. Application of other development standards in this subsection (F), such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (F)(1)(b) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet. 2. Floor Area Ratio (FAR). No ADU subject to this subsection (F) may cause the total FAR of the lot to exceed 45 percent, subject to subsection (F)(1)(c) above. 3. Setbacks. a. ADUs must conform to 4-foot side and rear setbacks. ADUs must conform to 25-foot front yard setbacks, unless a lesser setback is allowed by the underlying zoning designation, specific plan, planned development standard and/or overlay district that applies to the primary dwelling, subject to subsection (F)(1)(c) above. b. No setback is required for an ADU if the ADU is constructed in the same location and to the same dimensions as an existing structure. 532 93939.00051\32452781.44 9 c. An ADU that is subject to this subsection (F) must be at least 5 feet from any other existing and/or proposed dwelling and/or accessory structure. 4. Lot Coverage. No ADU subject to this subsection (F) may cause the total lot coverage of the lot to exceed 75 percent, subject to subsection (F)(1)(c). 5. Minimum Open Space. No ADU subject to this subsection (F) may cause the total percentage of open space of the lot to fall below 25 percent, subject to subsection (F)(1)(c) above. 6. Passageway. No passageway, as defined by subsection (C)(9) above, is required for an ADU. 7. Parking. a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (C)(12) above. b. Exceptions. No parking under subsection (F)(7)(a) is required in the following situations: i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection (C)(11) above. ii. The ADU is located within an architecturally and historically significant historic district. iii. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (D)(1)(a) above. iv. When on-street parking permits are required but not offered to the occupant of the ADU. v. When there is an established car share vehicle stop located within one block of the ADU. vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (F)(7)(b)(i) through (v) above. c. No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off -street parking spaces are not required to be replaced. 533 93939.00051\32452781.44 10 8. Architectural Requirements. a. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling. b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof. c. All roof and ground-mounted equipment must be fully screened from the adjacent public right-of-way and adjacent properties. Masonry walls, landscaping, or architectural features may be used to provide screening and prevent a direct line of sight. d. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code. e. The ADU must have an independent exterior entrance, apart from that of the primary dwelling. f. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of 7 feet. g. No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight. h. All windows and doors in an ADU less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least 6 feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. 9. Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way. 10. Allowed Stories. No ADU subject to this subsection F may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph (E.2.d) of this section. G. Fees. The following requirements apply to all ADUs that are approved under subsection (D). 1. Impact Fees. 534 93939.00051\32452781.44 11 a. No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection (G)(1), “impact fee” means a “fee” under the Mitigation Fee Act (Government Code section 66000(b)) and a fee under the Quimby Act (Government Code section 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service. b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.) 2. Utility Fees. a. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required. b. Except as described in subsection (G)(2)(a), converted ADUs on a single-family lot that are created under subsection (D)(1)(a) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required. c. Except as described in subsection (G)(2)(a), all ADUs that are not covered by subsection (G)(2)(b) require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the City. All utilities that are not provided by the City are subject to the connection and fee requirements of the utility provider. i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage -fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. ii. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service. H. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures. 1. Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU. 535 93939.00051\32452781.44 12 2. Unpermitted ADUs and JADUs constructed before 2020. a. Permit to Legalize. As required by state law, the City may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds: i. The ADU or JADU violates applicable building standards, or ii. The ADU or JADU does not comply with the state ADU or JADU law or this ADU ordinance (section 25.34.030). b. Exceptions: i. Notwithstanding subsection (H)(2)(a) above, the City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3. ii. Subsection (H)(2)(a) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3. I. Nonconforming ADUs and discretionary approval. (1) Any proposed ADU or JADU that does not qualify for ministerial approval under the objective standards set forth in subsections (A) through (H) of this section may be allowed by the City with a conditional use permit, in accordance with the other provisions of this title. (2) A proposed ADU or JADU that does not qualify for ministerial approval under the objective standards set forth in subsections (A) through (H) of this section and that is on real property that is listed in the California Register of Historic Resources or is a Landmark, as defined by Chapter 29.20 of the Palm Desert Municipal Code is also subject to the following requirements: a. All additions and modifications that affect the exterior of the primary dwelling require a Certificate of Appropriateness in accordance with Title 29 of the Palm Desert Municipal Code. b. All additions and exterior modifications must preserve the architectural character, and retain any distinctive stylistic features of the existing research and be subject to design standards identified under Section 29.60.080 of the Palm Desert Municipal Code. 536 93939.00051\32452781.44 13 537 538 C I T Y O F P A L M D E S E R T 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760-346-0611 PLANNING@PALMDESERT.GOV CITY OF PALM DESERT PUBLIC HEARING NOTICE CASE NO. ZOA24-0003 NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO CONSIDER FIRST READING AND INTRODUCTION OF A ZONING ORDINANCE AMENDMENT TO AMEND SECTION 25.34.030 (ACCESSORY DWELING UNITS) OF THE PALM DESERT MUNICIPAL CODE AND FINDING THE PROJECT IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The City of Palm Desert (City), in its capacity as the Lead Agency for this project and pursuant to the California Environmental Quality Act (CEQA), has determined the project to be exempt from further environmental review pursuant to State CEQA Guidelines Section §15061(b)(3). PROJECT LOCATION: Citywide PROJECT DESCRIPTION: The project is a Zoning Ordinance Amendment to amend Section 25.34.030 Accessory Dwelling Units to be consistent with updated State law and update streamlined processes for Accessory Dwelling Units. PLANNING COMMISSION RECOMMENDATION: The Planning Commission for the City of Palm Desert adopted Resolution No. 2885 recommending approval of the ZOA. PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Desert, California, will hold the Public Hearing on Thursday, November 14, 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 Zoning Ordinance Amendment is available for review in the Office of the City Clerk at 73510 Fred Waring Drive, Palm Desert, California during regular business hours and on the City’s website at https://www.palmdesert.gov/our-city/mayor-and-city-council-/city-council-meeting-information- center COMMENT ON THIS APPLICATION: Response to this notice may be made as follows: Written comments may be submitted to the City Council by letter to the address below or email at CouncilMeetingComments@palmdesert.gov. Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the City Council as soon as practicable and retained for the official record. Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]). Si necesita ayuda con esta notificación, por favor llame a la Ciudad de Palm Desert y comuníquese con Gloria Sanchez (760) 346-0611 ext. 354 PUBLISH: THE DESERT SUN ANTHONY J. MEJIA, MMC, CITY CLERK NOVEMBER 1, 2024 CITY OF PALM DESERT, CALIFORNIA 539 540 ZOA24-0003 –ADU Ordinance Amendment CITY COUNCIL NOVEMBER 14, 2024 11/14/2024 AGENDA ITEM 15.C 1 541 Zoning Ordinance Overview The City’s ADU ordinance must comply with AB 2533 and SB 1211 (January 1, 2025) AB 2533 – Unpermitted ADUs and JADUs Expands existing state law prohibiting a city from denying a permit to legalize an unpermitted ADU to include JADUs and extend the existing cutoff date. SB 1211 – Replacement Parking Requirements; Multifamily ADUs No replacement parking of demolished parking includes covered and uncovered parking spaces. Existing multifamily can now have up to eight detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less. City staff is also recommending streamlined revisions: No separate ADU Permit, no Income reporting, deed restrictions only for JADUs, and clean up of standards 11/14/2024 AGENDA ITEM 15.C 2 542 Recommendation 11/14/2024 AGENDA ITEM 15.C 3 The adoption of the proposed ordinance amendment is exempt from CEQA pursuant to California Public Resources Code (PRC) §21080.17. A public hearing notice was published a minimum of 10 days before the hearing date on Friday, November, 2024, in The Desert Sun newspaper. Planning Commission recommended approval on October 29, 2024 543