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Agenda Package - Palm Desert City Council - Regular Meeting_Dec12_2024
PALM DESERT CITY COUNCIL MEETING AGENDA Thursday, December 12, 2024 Closed Session 3:30 p.m.; Regular Session 4:00 p.m. Council Chamber, City Hall 73-510 Fred Waring Drive Palm Desert, California This is a joint meeting of the Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Palm Desert Housing Authority and the Palm Desert Board of Library Trustees. Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting allowing public access via teleconference or in person, and up to two Councilmembers may attend remotely. WATCH THE MEETING LIVE: Watch the City Council meeting live at the City’s website: www.palmdesert.gov under the “Council Agenda” link at the top of the homepage, or on the City's YouTube Channel. OPTIONS FOR PARTICIPATING IN THIS MEETING: If unable to attend the meeting in person, you may choose from the following options: OPTION 1: VIA EMAIL Send your comments by email to: CityClerk@palmdesert.gov. Emails received prior to 10:00 a.m. on the day of the City Council meeting will be made part of the record and distributed to the City Council. Emails will not be read aloud at the meeting. OPTION 2: LIVE VIA ZOOM Access via palmdesert.gov/zoom or zoom.us, click “Join Meeting” and enter Webinar ID 833 6744 9572. 1. OPTION 3: LIVE VIA TELEPHONE (213) 338-8477 and enter Meeting ID 833 6744 9572 followed by #.1. Indicate that you are a participant by pressing # to continue.2. During the meeting, press *9 to add yourself to the queue and wait for the City Clerk to announce your name/phone number. Press *6 to unmute your line and limit your comments to three minutes. 3. Pages 1.CALL TO ORDER - CLOSED SESSION - 3:30 P.M. 2.PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY This time has been set aside for members of the public to address the City Council on items contained only on the Closed Session Agenda within the three- minute time limit. Speakers may utilize one of the three options listed on the first page of this agenda. 3.RECESS TO CLOSED SESSION 4.CLOSED SESSION AGENDA RECOMMENDATION: The following items were considered in closed session: 4.a Closed Session Meeting Minutes: November 14, 2024 4.b Conference with Real Property Negotiations pursuant to Government Code Section 54956.8 4.b.1 Property Description: APN 630-200-019 Agency: City of Palm Desert City Negotiator: Todd Hileman/Ryan Gayler/Randy Chavez Negotiating Parties: Marrakesh Country Club/Peter Ruben Under Negotiation: Price and Terms 4.b.2 Property Description: 73710 Fred Waring Drive, Suite 200 Agency: City of Palm Desert City Negotiator: Todd Hileman/Chris Escobedo Negotiating Parties: Coachella Valley Association of Governments/Tom Kirk Under Negotiation: Price and Terms 4.b.3 Property Description: APN 640-140-020 Agency: City of Palm Desert City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja Negotiating Parties: Dick Sporting Goods, Inc. Under Negotiation: Price and Terms 5.ROLL CALL - REGULAR MEETING - 4:00 P.M. 6.PLEDGE OF ALLEGIANCE Councilmember Nestande 7.INSPIRATION Councilmember Kelly 8.REPORT OF CLOSED SESSION City Attorney Shah 9.AWARDS, PRESENTATIONS, AND APPOINTMENTS The public may comment on any items on the Awards, Presentations, and Appointments within the three-minute time limit. Palm Desert City Council Meeting Agenda December 12, 2024 2 9.a PROCLAMATION - GLORIA SANCHEZ, RECORDS COORDINATOR 13 9.b ADOPTION OF A RESOLUTION DECLARING THE RESULTS OF THE NOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION 15 RECOMMENDATION: Adopt Resolution No. 2024-082 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW.” 9.c OUTGOING COUNCILMEMBER COMMENTS 9.d INSTALLATION OF CITY COUNCIL 9.e APPOINTMENT OF THE MAYOR AND MAYOR PRO TEM 29 RECOMMENDATION: Appoint Jan Harnik to the position of Mayor and Evan Trubee to the position of Mayor Pro Tem for a one-year term commencing upon appointment. 10.CITY MANAGER COMMENTS 10.a SHERIFF DEPARTMENT UPDATE 10.b DISTINGUISHED BUDGET PRESENTATION AWARD FROM GOVERNMENT FINANCE OFFICERS ASSOCIATION 35 11.MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION 12.NONAGENDA PUBLIC COMMENTS This time has been set aside for the public to address the City Council on issues that are not on the agenda for up to three minutes. Speakers may utilize one of the three options listed on the first page of the agenda. Because the Brown Act does not allow the City Council to act on items not listed on the agenda, members may briefly respond or refer the matter to staff for a report and recommendation at a future meeting. 13.CONSENT CALENDAR All matters listed on the Consent Calendar are considered routine and may be approved by one motion. The public may comment on any items on the Consent Agenda within the three-minute time limit. Individual items may be removed by the City Council for a separate discussion. RECOMMENDATION: To approve the consent calendar as presented. 13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES 41 RECOMMENDATION: Approve the Minutes of November 14, 2024. Palm Desert City Council Meeting Agenda December 12, 2024 3 13.b APPROVAL OF WARRANT REGISTERS 53 RECOMMENDATION: Approve the warrant registers issued for the period 11/7/2024 to 11/26/2024. 13.c ADOPTION OF ORDINANCE NO. 1420 UPDATING SECTIONS OF TITLE 27 GRADING AND MAKING A FINDING OF EXEMPTION UNDER CEQA. 105 RECOMMENDATION: Adopt Ordinance No. 1420 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA UPDATING SECTIONS OF TITLE 27 GRADING AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” 13.d ADOPTION OF ORDINANCE NO. 1421 UPDATING CHAPTER 5.11 DISCLOSURE UPON TRANSFER OF RESIDENTIAL PROPERTY AND MAKING A FINDING OF EXEMPTION UNDER CEQA 113 RECOMMENDATION: Adopt Ordinance No. 1421 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA UPDATING CHAPTER 5.11 DISCLOSURE UPON TRANSFER OF RESIDENTIAL PROPERTY AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” 13.e ADOPTION OF ORDINANCE NO. 1422 UPDATING CHAPTER 12.04 - ENCROACHMENTS AND MAKING A FINDING OF EXEMPTION UNDER CEQA 121 RECOMMENDATION: Adopt Ordinance No. 1422 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA UPDATING CHAPTER 12.04 - ENCROACHMENTS AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” 13.f ADOPTION OF ORDINANCE NO. 1423 AMENDING SECTION 25.34.030 OF THE CITY OF PALM DESERT MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA 127 RECOMMENDATION: Adopt Ordinance No. 1423 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT AMENDING SECTION 25.34.030 OF THE CITY OF PALM DESERT MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE § 21080.17.” 13.g APPOINTMENTS TO AN AD HOC CITY COUNCIL SUBCOMMITTEE ON THE HILLSIDE DEVELOPMENT ORDINANCE 143 RECOMMENDATION: Appoint Mayor Pro Tem Harnik and Councilmember Pradetto to an Ad Hoc Subcommittee to review the Hillside Development Ordinance. Palm Desert City Council Meeting Agenda December 12, 2024 4 13.h APPOINTMENT TO THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (CVMSHCP) TRAILS MANAGEMENT SUBCOMMITTEE 145 RECOMMENDATION: Appoint Donna Beane to serve as the City’s representative to the CVMSHCP Trails Management Subcommittee for term ending June 30, 2026. 13.i APPOINTMENTS TO AN AD HOC CITY COUNCIL SUBCOMMITTEE ON THE UNIFIED DEVELOPMENT CODE 153 RECOMMENDATION: Appoint Councilmember Pradetto and Mayor Harnik to an Ad Hoc Subcommittee on the Unified Development Code. 13.j RATIFY ISSUANCE OF A COMMENT LETTER ON DRAFT 2024 CLIMATE ACTION PLAN FOR TRANSPORTATION INFRASTRUCTURE (CAPTI) ACTIONS 155 RECOMMENDATION: Ratify the issuance of the comment letter addressed to the California State Transportation Agency (CalSTA) regarding the Draft 2024 Climate Action Plan for Transportation Infrastructure (CAPTI) Actions. 13.k RATIFY A LETTER OF SUPPORT FOR COACHELLA VALLEY BEHAVIORAL HEALTH HOSPITAL - 40 BED EXPANSION PROJECT 167 RECOMMENDATION: Ratify the issuance of the letter of support for the Coachella Valley Behavioral Health’s 40-Bed Expansion Project. 13.l REAPPOINTMENT OF DOUGLAS WALKER AS THE CITY’S REPRESENTATIVE TO THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES 171 RECOMMENDATION: Reappoint Douglas Walker as the City of Palm Desert’s representative to the Coachella Valley Mosquito and Vector Control District (CVMVCD) Board of Trustees for a four-year term ending January 1, 2029. Palm Desert City Council Meeting Agenda December 12, 2024 5 13.m APPROVAL OF MILLS ACT CONTRACTS BETWEEN THE CITY AND THE PROPERTY OWNER OF THREE INDIVIDUAL HISTORICAL PROPERTIES 173 RECOMMENDATION: Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A MILLS ACT AGREEMENT BETWEEN THE CITY AND THE OWNER OF THE PROPERTY LOCATED AT 241 SANDPIPER STREET.” 1. Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A MILLS ACT AGREEMENT BETWEEN THE CITY AND THE OWNER OF THE PROPERTY LOCATED AT 72541 EL PASEO, UNIT 1004.” 2. Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A MILLS ACT AGREEMENT BETWEEN THE CITY AND THE OWNER OF THE PROPERTY LOCATED AT 45666 SHADOW MOUNTAIN DRIVE.” 3. 13.n REJECT ALL PROPOSALS SUBMITTED FOR POOL, SPA, AND WATER FEATURE MAINTENANCE AND REPAIR AT HOUSING AUTHORITY PROPERTIES 291 RECOMMENDATION: Reject all proposals submitted for Pool, Spa, and Water Feature Maintenance and Repair at Housing Authority Properties. 1. Authorize staff to resolicit and advertise for pool and water feature maintenance and repair services at the Palm Desert Housing Authority residential rental properties. 2. 13.o APPROVAL OF THE 2025 USA WOMEN’S MARATHON & HALF MARATHON 293 RECOMMENDATION: Temporary waiver of Palm Desert Municipal Code (PDMC) sections: 1. 11.01.20 (Hours of Use in City Parks)a. 11.01.140 (Amplified Sound in City Parks)b. 11.01.080.O (Placement of Advertising Signage in City Parks)c. 11.01.080 Q (Vendor Sales in City Parks)d. 11.01.080 W (Possession/Consumption of Alcohol in City Parks) pursuant to PDMC 9.58.040 e. Authorize the City Manager to execute any documents that may be necessary to facilitate the event. 2. Palm Desert City Council Meeting Agenda December 12, 2024 6 13.p RESOLUTIONS AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR THE IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX AND THE AUTHORIZATION OF EXAMINATION OF RECORDS 299 RECOMMENDATION: Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX.” 1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY OF PALM DESERT AUTHORIZING EXAMINATION OF SALES AND TRANSACTIONS AND USE TAXES RECORDS.” 2. 13.q ACCEPT THE PALMA VILLAGE PARK IMPROVEMENTS AS COMPLETE, AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION (PROJECT NO. MPK00007) 319 RECOMMENDATION: Accept Contract No. C47470 for the Palma Village Park Improvements, Project No. MPK00007, as completed in accordance with the plans and specifications. 1. Authorize the Mayor to execute and the City Clerk to file the Notice of Completion. 2. 13.r ACCEPT THE CIVIC CENTER DOG PARK IMPROVEMENTS PROJECT AS COMPLETE, AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION (PROJECT NO. CFA00011) 325 RECOMMENDATION: Accept Contract No. C47580 with GameTime for the Civic Center Dog Park Improvements, Project No. CFA00011, as completed in accordance with the plans and specifications. 1. Authorize the Mayor to execute and the City Clerk to file the Notice of Completion. 2. Palm Desert City Council Meeting Agenda December 12, 2024 7 13.s AWARD CONTRACT TO GARLAND/DBS, INC FOR THE SANTA ROSA ROOF REPLACEMENT PROJECT CHA00004 331 RECOMMENDATION: Award the construction contract to Garland/DBS for the Santa Rosa Apartments Roof Replacement Project No. CHA00004 in an amount not to exceed $591,229. 1. Authorize the Director of Finance to set aside a 10% contingency in the amount of $59,122.90 for unforeseen conditions. 2. Authorize the Executive Director or designee to review and approve written requests for the use of the contingency amount. 3. Authorize the Chairperson and/or the Executive Director to execute the Agreement and any documents necessary to effectuate the actions taken herewith. 4. Authorize the Chairperson and/or Executive Director to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the Project. 5. 13.t AWARD CONTRACT TO HF&H CONSULTANTS, LLC, FOR SOLID WASTE, RECYCLING, AND ORGANICS CONSULTING SERVICES 369 RECOMMENDATION: Award Contract to HF&H Consultants, LLC, of Irvine, California, for Solid Waste, Recycling, and Organics Consulting Services for a three-year term, in an annual amount not to exceed $145,000 plus 4% annual cost adjustment in each subsequent year. 1. Authorize contingency in the amount of $10,000 annually for unforeseen circumstances. 2. Authorize the City Attorney to make any necessary nonmonetary changes to the agreement. 3. Authorize the City Manager to execute the agreement, any documents necessary to effectuate the actions taken herewith, and approve written contract amendment and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code. 4. Palm Desert City Council Meeting Agenda December 12, 2024 8 13.u AWARD AN AGREEMENT WITH CASC ENGINEERING AND CONSULTING, INC., FOR MS4 PERMIT INSPECTIONS AND NPDES SUPPORT SERVICES 431 RECOMMENDATION: Award a professional services agreement with CASC Engineering and Consulting, Inc., for MS4 Permit Inspections and NPDES support services in an amount not to exceed $200,000 per fiscal year for a 30-month term commencing now, with two one-year contract extensions. 1. Authorize the City Manager to execute the agreement and any written requests for amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 2. Authorize the City Attorney to make necessary non-monetary changes to the contract. 3. 13.v AWARD CONTRACT TO SUPERIOR PAVEMENT MARKINGS, INC., OF CYPRESS, CALIFORNIA, FOR THE HIGH VISABILITY CROSSWALKS IMPROVEMENT PROJECT (PROJECT NO. CTS00004) 481 RECOMMENDATION: Award a contract to Superior Pavement Markings, Inc., of Cypress, California, for the High Visibility Crosswalks Improvement Project in the amount of $158,732.50, plus a contingency of $20,000 for unforeseen conditions. 1. Authorize the City Attorney to make necessary nonmonetary changes to the contract. 2. 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. 3. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the project. 4. 13.w ADOPT RESOLUTION MAKING CERTAIN FINDINGS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 66000-66008 RELATING TO THE DEVELOPMENT IMPACT FEES ANNUAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2024. 555 RECOMMENDATION: Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REVIEWING AND ACCEPTING THE ANNUAL DEVELOPMENT IMPACT FEE DISCLOSURE REPORT FOR THE CITY’S VARIOUS DEVELOPMENT IMPACT FEES AND MAKING FIVE-YEAR FINDINGS REGARDING THE CONTINUING NEED FOR UNEXPENDED BALANCES OF IMPACT FEES AS OF JUNE 30, 2024, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 66001.” Palm Desert City Council Meeting Agenda December 12, 2024 9 13.x AUTHORIZE AN AMENDMENT TO CONTRACT NO. C46680 WITH INTERWEST CONSULTING GROUP, INC., INCREASING THE CONTRACT BY $45,090 AND EXTENDING THE CONTRACT TERM THROUGH DECEMBER 31, 2025 581 RECOMMENDATION: Authorize an amendment to Contract No. C46680 with Interwest Consulting Group, Inc., increasing the contract amount by $45,090 for additional community outreach meetings and analysis, bringing the total not-to-exceed amount to $309,970, and extending the contract term through December 31, 2025. 1. Authorize the City Attorney to make any necessary non-monetary changes to the agreement. 2. Authorize the City Manager or designee to execute the amendment and to review and approve written contract amendment requests pursuant to Section 3.30.170 of the Palm Desert Municipal Code. 3. 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 REBRANDING OF THE PALM DESERT IHUB TO AN ENTREPRENEURIAL RESOURCE CENTER 681 RECOMMENDATION: Approve the rebranding of the Palm Desert iHUB to the Entrepreneurial Resource Center. 1. Authorize the City Manager to execute any necessary documents to effectuate the rebranding. 2. 14.b ADOPT A POLICY (DS-001) FOR NOTIFYING HOMEOWNER ASSOCIATIONS AS PART OF THE BUILDING PERMIT PROCESS 685 RECOMMENDATION: Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A POLICY (DS- 001) FOR NOTIFYING HOMEOWNER ASSOCIATIONS AS PART OF THE BUILDING PERMIT PROCESS." Palm Desert City Council Meeting Agenda December 12, 2024 10 14.c AWARD A CONTRACT TO CROSSTOWN ELECTRICAL AND DATA, INC., OF IRWINDALE, CALIFORNIA, FOR THE DINAH SHORE DRIVE CORRIDOR PROJECT (PROJECT NO. MST00001) 699 RECOMMENDATION: Award a contract to Crosstown Electric and Data, Inc., of Irwindale, California, for the Dinah Shore Drive Corridor Project in the amount of $295,783, plus a contingency of $30,000 for unforeseen conditions. 1. Authorize the City Attorney to make necessary nonmonetary changes to the Contract. 2. Authorize the City Manager to execute the agreement and any written requests for change orders, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 3. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the project. 4. 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 PUBLIC HEARING TO CONSIDER THE ISSUANCE OF TAX-EXEMPT BONDS BY THE CALIFORNIA PUBLIC FINANCE AUTHORITY IN SUPPORT OF FINANCING IMPROVEMENTS TO HAZELDEN BETTY FORD FOUNDATION'S HEALTH CARE FACILITIES 753 RECOMMENDATION: Conduct a public hearing under the Tax Equity and Fiscal Responsibility Act of 1982 and the Internal Revenue Code of 1986, as amended, and the related Treasury Regulations, on the proposed issuance of tax-exempt bonds by the California Public Finance Authority. 1. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA PUBLIC FINANCE AUTHORITY ON BEHALF OF HAZELDEN BETTY FORD FOUNDATION AND REQUESTING TO JOIN THE CALIFORNIA PUBLIC FINANCE AUTHORITY AS AN ADDITIONAL MEMBER.” 2. 16.INFORMATION ITEMS 17.ADJOURNMENT Palm Desert City Council Meeting Agenda December 12, 2024 11 18.PUBLIC NOTICES Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated office for inspection of records in connection with this meeting is the Office of the City Clerk, Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda items considered in open session, and documents provided to a majority of the legislative bodies are available for public inspection at City Hall and on the City’s website at www.palmdesert.gov by clicking “Council Agenda” at the top of the page. Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the city will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible. AFFIDAVIT OF POSTING I, Michelle Nance, Acting Assistant City Clerk of the City of Palm Desert, do hereby certify, under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Palm Desert City Council, Successor Agency for the Palm Desert Redevelopment Agency, and Housing Authority, was posted on the City Hall bulletin board and City website www.palmdesert.gov no less than 72 hours prior to the meeting. /S/ Michelle Nance Acting Assistant City Clerk Palm Desert City Council Meeting Agenda December 12, 2024 12 WHEREAS, Gloria Sanchez has faithfully served the City of Palm Desert since September 27, 1999, beginning her career as an Office Assistant and demonstrating an exceptional ability to adapt and excel in various roles, including Records Technician, Acting Deputy City Clerk, Acting City Clerk, and currently as the City’s Records Coordinator; and WHEREAS, throughout her remarkable 25-year tenure, Gloria has consistently demonstrated unwavering dedication to the City’s mission and values, earning recognition for her exceptional research skills and her ability to locate and retrieve vital records, greatly benefiting both staff and the public; and WHEREAS, Gloria’s commitment to community service extended beyond her professional duties, as evidenced by her volunteer work with the Coachella Valley Healthcare Clinic, where she dedicated personal time to assist community members in accessing essential healthcare services; and WHEREAS, Gloria has been honored with numerous awards, including the City’s Employee Recognition Award for Excellence in Teamwork in April 2009, a nomination for “Support Staff Member of the Year” by the Southern California City Clerks Association in 2015, and achieving her Certified Municipal Clerk designation in 2021, reflecting her commitment to professional development and excellence; and WHEREAS, Gloria’s bilingual skills have enhanced public accessibility and inclusivity, enabling her to serve a diverse population with empathy and patience, particularly seniors and those less familiar with technology, thus embodying the City’s mission to be a welcoming and accessible government; and WHEREAS, in recognition of her exemplary service and remarkable career, Gloria Sanchez will be inducted into the City’s Plaque Recognizing Enduring Excellence, a distinguished honor reserved for those retired employees whose significant contributions have left a lasting impact on the City of Palm Desert; and NOW, THEREFORE, the City Council of the City of Palm Desert hereby recognizes and commends Gloria Sanchez for her exceptional leadership, tireless dedication, and extraordinary service to the City of Palm Desert. In acknowledgment of her remarkable career, we proclaim this day in honor of Gloria Sanchez celebrating her contributions to the City and wishing her happiness and fulfillment in her well-earned retirement. In Witness Whereof, I have hereunto set my hand and have caused the Official Seal of the City of Palm Desert, California to be affixed this 12th day of December 2024. 13 14 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 12, 2024 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: ADOPTION OF A RESOLUTION DECLARING THE RESULTS OF THE NOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION RECOMMENDATION: Adopt Resolution No. 2024-082 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW.” BACKGROUND/ANALYSIS: On November 5, 2024, a General Municipal Election was held in the City of Palm Desert to elect three members of the City Council—one each from Districts 1, 2, and 3—and to consider Measure G, which proposes implementing a 1% General Transactions and Use Tax (Sales Tax). The Riverside County Registrar of Voters conducted the election and subsequently provided a complete canvass and certification of the results. A copy of the certified election results is included as Attachment 1. The election results are summarized as follows: City Council Election Results – District 1 Candidates (in ballot order): o Karina Quintanilla – 1,704 votes, 53.10% o Chris Scott – 1,505 votes, 46.90% City Council Election Results – District 2 Candidates (in ballot order): o Gregg Akkerman – 1,144 votes, 22.68% o Joe Pradetto – 2,227 votes, 44.15% o Kathleen Kelly – 1,673 votes, 33.17% City Council Election Results – District 3 Candidates (in ballot order): o Stephen Nelson – 1,481 votes, 27.86% o Gina Nestande – 2,034 votes, 38.26% o Anyse Smith – 1,801 votes, 33.88% 15 City of Palm Desert November 5, 2024, General Municipal Election Results Page 2 of 2 In accordance with state law, the City Council is required to officially declare the results of the November 5, 2024, election, as certified by the Riverside County Registrar of Voters. The attached Resolution formally confirms the election of the following individuals to the City Council, each for a full four-year term ending in December 2028: District 1: Karina Quintanilla District 2: Joe Pradetto District 3: Gina Nestande Measure G—1% General Transactions and Use Tax (Sales Tax) The following question, designated as Measure G, was presented to registered Palm Desert voters in the November 5, 2024, General Municipal Election: PALM DESERT PUBLIC SAFETY, ROADS, CITY SERVICES MEASURE To maintain Palm Desert's long-term finances, City services such as 9-1-1 emergency medical/police/fire response, fire protection, response to property crime/thefts, keeping public areas safe/clean, maintaining streets, roads, parks, youth/senior programs; retain/attract local businesses; and for general government use, shall the measure establishing a 1¢ sales tax generating approximately $25,000,000 annually until ended by voters, requiring public spending disclosure, funds controlled locally, be adopted? Yes No Votes Received: o Yes: 16,342 votes, 65.52% o No: 8,599 votes, 34.48% The vote requirement for Measure G to pass was a simple majority (50%+1) of the votes cast. With the number of votes in support of Measure G reaching 65.52%, the measure passes, and Ordinance No. 1424 will go into effect as provided by law. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: The City Clerk’s Office has not yet received the invoice for the consolidated election costs from the County of Riverside. However, the Registrar of Voters previously estimated the election costs at approximately $133,000. Sufficient funds were allocated for this expense in the adopted Fiscal Year 2024-25 Budget. ATTACHMENTS: 1. Resolution No. 2024-082 and Exhibit A—Certified Election Results 2. Ordinance No. 1424 16 RESOLUTION NO. 2024-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of Palm Desert, a Charter City, on Tuesday, November 5, 2024, as required by law; and WHEREAS, notice of the election was given in time, form, and manner as provided by law. Voting precincts and voting centers were properly established. Election officers were appointed, and in all respects, the election was held and conducted, and the votes were cast, received, and canvassed in conformity with the Charter of the City of Palm Desert and applicable provisions of the Elections Code of the State of California; and WHEREAS, the Riverside County Registrar of Voters canvassed the returns of the election and has certified the results to the City Council. The results are hereby received, attached, and made a part hereof as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Ballots Cast. The whole number of ballots cast in the City precincts/voting centers, including vote-by-mail ballots, is detailed in the Official Canvass attached as Exhibit A. SECTION 2. Measure G. The measure voted on at the election (Measure G) is as follows: "To maintain Palm Desert's long-term finances, City services such as 9-1-1 emergency medical/police/fire response, fire protection, response to property crime/thefts, keeping public areas safe/clean, maintaining streets, roads, parks, youth/senior programs; retain/attract local businesses; and for general government use, shall the measure establishing a 1¢ sales tax generating approximately $25,000,000 annually until ended by voters, requiring public spending disclosure, and funds controlled locally, be adopted?" SECTION 3. Candidates for City Council. The names of persons voted for at the election for Member of the City Council are as follows (in ballot order): City Council – District 1 Karina Quintanilla Chris Scott City Council – District 2 Gregg Akkerman Joe Pradetto Kathleen Kelly 17 Resolution No. 2024-082 Page 2 City Council – District 3 Stephen Nelson Gina Nestande Anyse Smith SECTION 4. Election Results. The number of votes cast in each precinct, and the number of votes cast in the City for each of the persons above -named for the respective offices for which the persons were candidates, and for and against the Measure, are set forth in “Exhibit A,” which is attached hereto and incorporated herein by this reference. SECTION 5. Declaration of Result. The City Council does declare and determine that Karina Quintanilla, Joe Pradetto, and Gina Nestande were elected as Members of the City Council for their respective districts for the full term of four years. As a result of the election, a majority of the voters voting on Measure G voted in favor of it. The measure was therefore carried, adopted, and ratified. SECTION 6. Execution and Certification of Ordinance. The Mayor and City Clerk are hereby authorized and directed to execute Ordinance No. 1424, " AN ORDINANCE OF THE PEOPLE OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 3.26 TO TITLE 3 OF THE PALM DESERT MUNICIPAL CODE TO ENACT A ONE PERCENT (1%) GENERAL TRANSACTIONS AND USE TAX (SALES TAX) TO BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION" (attached hereto and incorporated herein as Exhibit B to this Resolution) and the City Clerk shall certify to the passage of Ordinance No. 1424, by the People of the City of Palm Springs, enter it into the book of original Ordinances, correct any non-substantive typographical errors, and cause such Ordinance to be codified in the Palm Springs Municipal Code. SECTION 7. Records Entry. The City Clerk shall enter on the records of the City Council of the City of Palm Desert a statement of the election result, showing the total number of ballots cast, the names of persons voted for, the offices to which each person was elected, and the total votes for and against the measure. SECTION 8. Certification of Election. The City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election, signed by the City Clerk and authenticated. The City Clerk shall also administer the Oath of Office as prescribed by the Constitution of the State of California. SECTION 9. Compliance with California Environmental Quality Act. The City Council finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potentia l for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to 18 Resolution No. 2024-082 Page 3 Section 15061(b)(3) of the State CEQA Guidelines. SECTION 10. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentenc es, clauses, or phrases are declared unconstitutional, invalid, or ineffective. SECTION 11. Certification and Recordation. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. SECTION 12. Effective Date. This Resolution shall become effective immediately. ADOPTED ON ________________, 2024. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on _______________________, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ___________________. ANTHONY J. MEJIA CITY CLERK 19 20 ORDINANCE NO. 1424 AN ORDINANCE OF THE PEOPLE OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 3.26 TO TITLE 3 OF THE PALM DESERT MUNICIPAL CODE TO ENACT A ONE PERCENT (1%) GENERAL TRANSACTIONS AND USE TAX (SALES TAX) TO BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION WHEREAS, pursuant to California Revenue and Taxation Code section 7285.9 the City of Palm Desert (“City”) is authorized to levy a T ransactions and Use Tax for general purposes, subject to majority voter approval; and WHEREAS, the People of the City desire to add Chapter 3.26 to Title 3 of the Palm Desert Municipal Code establishing a general Transactions and Use Tax (“TUT”) until ended by voters, on the sale and/or use of all tangible personal property sold at retail in the City, at a rate of one percent (1%). NOW, THEREFORE, THE PEOPLE OF THE CITY OF PALM DESERT DO HEREBY ORDAIN AS FOLLOWS: SECTION 1. Title and Text. This Ordinance shall be known as the “Palm Desert General Transactions and Use Tax”, the full text of which is set forth in Attachment “1”, attached hereto and incorporated herein by reference. SECTION 2. Approval by the City Council. Pursuant to California Government Code section 53724 and Revenue and Taxation Code section 7285.9, this Ordinance was duly approved for placement on the ballot by a minimum two -thirds (2/3) supermajority of all members of the City Council on June 13, 2024. SECTION 3. Approval by the Voters. Pursuant to California Elections Code section 9217, this Ordinance shall be deemed adopted and take effect only if approved by a majority of the eligible voters of the City of Palm Desert voting at the General Municipa l Election of November 5, 2024. It shall be deemed adopted when the City Council has certified the results of that election by resolution and shall take effect ten (10) days thereafter. SECTION 4. Operative Date. “Operative Date” for the Transactions and Use Tax means the first day of the first calendar quarter commencing more than 110 days after the date this Ordinance is adopted, as set forth in Section 3 above. SECTION 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. 21 Ordinance No. 1424 Page 2 I hereby certify that the Palm Desert General Transactions and Use Tax Ordinance was PASSED, APPROVED, AND ADOPTED by the People of the City of Palm Desert on the 5th day of November, 2024. CITY OF PALM DESERT KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK APPROVED AS TO FORM: _________________________________ ISRA SHAH, CITY ATTORNEY 22 Ordinance No. 1424 Page 3 Chapter 3.26 – GENERAL TRANSACTIONS AND USE TAX Sections: 3.26.010 - Title. 3.26.020 - Purpose. 3.26.030 - Contract With State. 3.26.040 - Transactions Tax Rate. 3.26.050 - Place of Sale. 3.26.060 - Use Tax Rate. 3.26.070 - Adoption of Provisions of State Law. 3.26.080 - Limitations on Adoption of State Law and Collection of Use Taxes. 3.26.090 - Permit Not Required. 3.26.100 - Exemptions and Exclusions. 3.26.110 - Amendments. 3.26.120 - Enjoining Collection Forbidden. 3.26.130 - Duration of Tax Sections: 3.26.010 – Title. This ordinance shall be known as the “City of Palm Desert General Transactions and Use Tax Ordinance”. The City of Palm Desert hereinafter shall be called “City.” This ordinance shall be applicable in the incorporated territory of the City. 3.26.020 – Purpose. This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes: A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on t he measure vote to approve the imposition of the tax at an election called for that purpose. B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California in sofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code. C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee 23 Ordinance No. 1424 Page 4 Administration in administering and collecting the California State Sales and Use Taxes. D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record-keeping upon persons subject to taxation under the provisions of this ordinance. 3.26.030 - Contract With State. Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to th e administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract. 3.26.040 - Transactions Tax Rate. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of one percent (1%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance. 3.26.050 - Place of Sale. For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration. 3.26.060 - Use Tax Rate. An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operati ve date of this ordinance for storage, use or other consumption in said territory at the rate of one percent (1%) of the sales price of the property. The sales price shall include delivery 24 Ordinance No. 1424 Page 5 charges when such charges are subject to state sales or use tax reg ardless of the place to which delivery is made. 3.26.070 - Adoption of Provisions of State Law. Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Ta xation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein. 3.26.080 - Limitations on Adoption of State Law and Collection of Use Taxes. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code: A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when: 1. The word “State” is used as a part of the title of the State Controller, State Treasurer, California Victim Compensation Board, California Department of Tax and Fee Administration, State Treasury, or the Constitution of the State of California; 2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance. 3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to: a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use o r other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code. 4. In reference to Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code. 25 Ordinance No. 1424 Page 6 B. The word “city” shall be substituted for the word “state” in the phrase “retailer engaged in business in this state” in Section 6203 of the Revenue and Taxation Code and in the definition of that phrase in Section 6203. 1. “A retailer engaged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds f ive hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder. 3.26.090 - Permit not Required. If a seller’s permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor’s permit shall not be required by this Ordinance. 3.26.100 - Exemptions and Exclusions. A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax. B. There are exempted from the computation of the amount of transactions tax the gross receipts from: 1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government. 2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied: a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and 26 Ordinance No. 1424 Page 7 b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address. 3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance. 5. For the purposes of subparagraphs (3) and (4) of this subsection, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. C. There are exempted from the use tax imposed by this ordinance, th e storage, use or other consumption in this City of tangible personal property: 1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance. 2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California. 3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this Ordinance. 4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this Ordinance. 5. For the purposes of subparagraphs (3) and (4) of this subsection, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for whic h any party to the contract or 27 Ordinance No. 1424 Page 8 lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. 6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer. 7. “A retailer engaged in business in the City” shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or ai rcraft at an address in the City. D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for, a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax. 3.26.110 - Amendments. All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this Ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this Ordinance. 3.26.120 - Enjoining Collection Forbidden. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. 3.26.130 – Duration of Tax. The tax imposed by this chapter shall continue until this ordinance is repealed. 28 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 12, 2024 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: APPOINTMENT OF THE MAYOR AND MAYOR PRO TEM RECOMMENDATION: Appoint Jan Harnik to the position of Mayor and Evan Trubee to the position of Mayor Pro Tem for a one-year term commencing upon appointment. BACKGROUND/ANALYSIS: On April 11, 2024, the City Council adopted Resolution No. 2024 -013, which updated the procedures for the selection of the Mayor and Mayor Pro Tem. The resolution formalizes a rotation system, emphasizing seniority and prior service. In accordance with Resolution No. 2024-013: Appointment of the Mayor: The appointment of the Mayor prioritizes the immediately preceding Mayor Pro Tem. Jan Harnik, currently serving as Mayor Pro Tem, is therefore eligible for the position of Mayor for 2025. Appointment of the Mayor Pro Tem: The appointment of the Mayor Pro Tem prioritizes the Council Member with the longest continuous service since last serving as Mayor, if ever. Although Councilmember Nestande, who last served as Mayor in 2020, meets the criteria, she deferred her service as Mayor Pro Tem in 2023. In her place, Evan Trubee, elected in November 2022, is next in line for this appointment based on seniority and eligibility. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no financial impact associated with this action. ATTACHMENT: 1. Resolution No. 2024-013 29 30 RESOLUTION NO. 2024-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING PROCEDURES FOR THE APPOINTMENT OF THE MAYOR AND MAYOR PRO TEM AND RESCINDING RESOLUTION NO. 2021-61 WHEREAS, the City Council of the City of Palm Desert, California, adopted Resolution No. 76-39, amended by Resolution Nos. 80-44, 82-22, and 84-41, establishing a one-year term and setting forth a rotating appointment process for the positions of Mayor and Mayor Pro Tem, and WHEREAS, the City Council adopted Resolution No. 01-110, amended by Resolution Nos. 2013-14, 2015-91, and 2021-61, formalizing the practice of appointing the Mayor and Mayor Pro Tem on a seniority rotating basis, and WHEREAS, the City Council must appoint from its own membership two Members to serve as Mayor and Mayor Pro Tem, and WHEREAS, it has been the desire of each City Council serving the City of Palm Desert since incorporation to make these positions honorary in nature, held for a one - year term, and WHEREAS, it is the City Council’s opinion that each Member elected to the City Council is equally qualified and deserving to hold these offices, and each Member should be given ample opportunity to serve in one or both of these offices; and WHEREAS, Resolution No. 2021-61 includes provisions addressing situations in which two or more Members in the same district are sworn into office on the same day as well as when two or more Members are sworn into office on the same day from different districts. These provisions no longer apply to a five -district electoral system as enacted by Ordinance No. 1406; therefore, it is necessary to update the procedures; and WHEREAS, the purpose of this Resolution is to update the seniority-based rotation for the appointment of Members to the honorary positions of Mayor and Mayor Pro Tem. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. TERM OF APPOINTMENT. The appointment of Mayor and Mayor Pro Tem shall be made on an annual basis at the first regular City Council meeting in December of each year. No Member shall serve a term in either office to exceed a one - year period, except as follows: A. If a Member serving as Mayor served a partial term of six months or less, that Member shall continue to serve as Mayor for an additional year. B. If a Member serving as Mayor Pro Tem served a partial term, that Member shall continue to serve unless there is an outgoing Mayor, in which case the Member shall be appointed to serve as Mayor. DocuSign Envelope ID: 811E2559-D2C6-4BCA-A903-9BB99773C95B 31 Resolution No. 2024-013 Page 2 SECTION 2. ELIGIBILITY. Prior to any Member being appointed as Mayor, the Member shall have served on the City Council for approximately two years, and the Mayor Pro Tem shall have served on the City Council for approximately one year prior to being appointed to those respective offices; or in the absence of this occurrence, a Member having served at least one term on the Palm Desert Planning Commission will be sufficient eligibility for appointment to the office. SECTION 3. ROTATION PRIORITY. In appointing the Mayor Pro Tem, priority shall be given to the Member with the longest continuous service since last serving as Mayor, if ever. In appointing the Mayor, priority shall be given to the immediately preceding Mayor Pro Tem; if the immediately preceding Mayor Pro Tem is unwilling or unable to serve as Mayor, priority shall be given to the Member who would otherwise have priority to be appointed Mayor Pro Tem. SECTION 4. TIEBREAKER. When two or more Members are tied, the order of service in the Mayoral Rotation shall be established by a method of chance, with the winner being inserted first into the Mayoral Rotation. A. When two Members are tied, the tiebreaker shall be resolved by coin toss. The Member who will call the coin toss shall be determined by alphabetical order of their last names as they appeared on the most recent ballot from which they were elected. The alphabetical order shall be randomized based on the Secretary of State’s most recent randomized alphabet available. B. When three Members are tied, the tiebreaker shall be resolved by drawing straws. The order of selecting a straw will be determined by alphabetical order of their last names as they appeared on the most recent ballot from which they were elected. The alphabetical order shall be randomized based on the Secretary of State’s most recent randomized alphabet available. SECTION 5. DECLINING TO SERVE: If a Member declines service as Mayor or Mayor Pro Tem, then that Member’s future placement in the rotation will be as if they served in the year for which service is waived. SECTION 6. NO OPTION. If these procedures for the appointment of Mayor and Mayor Pro Tem result in no Councilmember being eligible to fill either position, then the City Council may vote to appoint anyone of its Members to serve. SECTION 7. REMOVAL. The City Council by four-fifths (4/5ths) vote may remove the Mayor and/or Mayor Pro Tem. DocuSign Envelope ID: 811E2559-D2C6-4BCA-A903-9BB99773C95B 32 Resolution No. 2024-013 Page 3 SECTION 8. Resolution No. 2021-61 is hereby rescinded in its entirety. SECTION 9. The City Clerk of the City of Palm Desert shall certify the passage and adoption of this resolution and its approval by the City Council and shall cause the same to be listed in the records of the City. ADOPTED ON APRIL 11, 2024. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-013 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 April 11, 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 DocuSign Envelope ID: 811E2559-D2C6-4BCA-A903-9BB99773C95B 4/15/2024 33 34 FOR IMMEDIATE RELEASE 11/7/2024 For more information, contact: Technical Services Center Phone: (312) 977-9700 Email: budgetaward@gfoa.org (Chicago, Illinois)—Government Finance Officers Association is pleased to announce that City of Palm Desert, California received GFOA's Distinguished Budget Presentation Award for its budget. The award represents a significant achievement by the entity. It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the entity had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well an entity's budget serves as: a policy document a financial plan an operations guide a communications device Budget documents must be rated "proficient" in all four categories, and in the fourteen mandatory criteria within those categories, to receive the award. There are over 1,700 participants in the Budget Awards Program. The most recent Budget Award recipients, along with their corresponding budget documents, are posted quarterly on GFOA's website. Award recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments throughout North America. Government Finance Officers Association (GFOA) advances excellence in government finance by providing best practices, professional development, resources, and practical research for more than 22,500 members and the communities they serve. 35 36 PRESENTED TO City of Palm Desert California For the Fiscal Year Beginning July 01, 2024 Executive Director GOVERNMENT FINANCE OFFICERS ASSOCIATION Distinguished Budget Presentation Award 37 38 Finance Department City of Palm Desert, California 11/7/2024 The Government Finance Officers Association of the United States and Canada The Certificate of Recognition for Budget Preparation is presented by the Government Finance Officers Association to those individuals who have been instrumental in their government unit achieving a Distinguished Budget Presentation Award. The Distinguished Budget Presentation Award, which is the highest award in governmental budgeting, is presented to those government units whose budgets are judged to adhere to program standards. presents this CERTIFICATE OF RECOGNITION FOR BUDGET PREPARATION to Date: Executive Director 39 40 Study Session of the Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, and Board of Library Trustees Minutes November 14, 2024, 2:45 p.m. Present: Mayor Pro Tem Jan Harnik, Councilmember Kathleen Kelly, Councilmember Gina Nestande, Councilmember Evan Trubee, Mayor Karina Quintanilla 1. CALL TO ORDER - STUDY SESSION A Study Session of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, November 14, 2024, at 2:45 p.m., in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. 2. STUDY SESSION TOPICS 2.a OPTIONS TO ADDRESS RETENTION BASIN OWNED BY THE PALM DESERT REGENCY ESTATES HOMEOWNERS’ ASSOCIATION Deputy Director of Public Works Chavez narrated a PowerPoint presentation and responded to Council inquiries. Hal Stone, President of the Regency Estates Homeowners Association, spoke in support of staff's proposed option number 3. Following discussion, the City Council expressed a preference for Option 3, in which the HOA will dedicate the retention basins to the City and providing ongoing maintenance costs. 2.b STUDY SESSION: PUBLIC NOTICING FOR DEVELOPMENT APPLICATIONS Principal Planner Melloni narrated a PowerPoint presentation and responded to Council inquiries. Following discussion, the City Council expressed support for staff’s recommendations on revisions to the noticing requirements and noted that Hillside Development notification should be extended from Haystack Road to Highway 111. 2.c STUDY SESSION: BUSINESS LICENSING EVALUATION This item was continued to a date uncertain. 41 Palm Desert City Council Study Session Minutes November 14, 2024 2 3. ADJOURNMENT The City Council adjourned the Study Session at 3:20 p.m. Respectfully submitted, _________________________ Michelle Nance Deputy Clerk II _________________________ Anthony J. Mejia, MMC City Clerk/Secretary 42 Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, and Board of Library Trustees Regular Meeting Minutes November 14, 2024, 3:15 p.m. Present: Mayor Karina Quintanilla, Mayor Pro Tem Jan Harnik, Councilmember Kathleen Kelly, Councilmember Gina Nestande, Councilmember Evan Trubee 1. CALL TO ORDER - CLOSED SESSION - 3:15 P.M. A Regular Meeting of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, November 14, 2024, at 3:20 p.m., in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. 2. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY None. 3. RECESS TO CLOSED SESSION Mayor Quintanilla adjourned to Closed Session at 3:20 p.m. 4. CLOSED SESSION AGENDA 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 led the Pledge of Allegiance. 7. INSPIRATION Mayor Quintanilla provided words of inspiration. 8. REPORT OF CLOSED SESSION City Attorney Shah stated that direction was given by the City Council; no reportable actions were taken. 43 Palm Desert City Council Meeting Minutes November 14, 2024 2 9. AWARDS, PRESENTATIONS, AND APPOINTMENTS 9.a RECOGNITION - CIVIC ACADEMY PARTICIPANTS Mayor Quintanilla and Community Relations Supervisor Penta recognized recent graduates of Civic Academy: • Alexander Meyerhoff • Alexia Rodriguez • Carla Roth • Carmen Cubero • Charles Mitchell • Elise Colson • Flo Wolff • Jeff Grady • Karola Rietz • Lisa Barbato • Lori Davis • Mark Sedlacek • Matt Inderwiesche • Renado Gouldlock • Ron De Luna • Sheila Durkin • Stacie Hedges The following graduates were also recognized, but were not present at the meeting: • David Garcia-Tlahuel • Maggie Cahill • Connor (Mary) Limont • Moya Williams • Peggy Molloy • Sharon Spiegel • Tyler Skogen 10. CITY MANAGER COMMENTS 10.a LIBRARY GRAND OPENING Assistant Director of Library Services Vonnegut invited the community to the Library's Grand Opening on November 20, 2024 10.b SPAY/NEUTER CLINIC UPDATE Director of Development Services Cannone invited residents to register for the upcoming spay and neuter clinic for dogs and cats on December 6, 2024, at the Civic Center Dog Park and announced future vaccination and microchipping clinics. 11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmembers reported on their attendance at various meetings and events. Councilmember Trubee, supported by Mayor Quintanilla, requested staff evaluate adding signage at Homme Adams Park to raise awareness for pedestrians that it is a leash free area for dogs. Councilmember Kelly, supported by Councilmember Nestande, requested an update on Proposition 36 and how it will affect enforcement of retail theft. In addition, Councilmember Kelly, supported by Mayor Quintanilla, requested staff review the City’s policies regarding fireworks on private property and neighborhood notifications and return to City Council for possible revisions. 44 Palm Desert City Council Meeting Minutes November 14, 2024 2 Mayor Quintanilla, supported by Councilmember Kelly, requested that the City Council Subcommittee on signage consider the placement of signs announcing the City as an Autism Certified City, similar to the Purple Heart City signage. In addition, Mayor Quintanilla requested consideration of a policy regarding smart technologies with recording capabilities. This request did not receive council support. 12. NON-AGENDA PUBLIC COMMENTS Jimy White, Palm Desert resident, voiced frustration regarding the management company of California Villas apartment community. Christoper Molinar, of the Artist Council, expressed appreciation to the City Council for the continued support of the Artists Council. 13. CONSENT CALENDAR Motion by: Councilmember Nestande Seconded by: Mayor Pro Tem Harnik To approve the consent calendar as presented. Motion Carried (5 to 0) 13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES Motion by: Councilmember Nestande Seconded by: Mayor Pro Tem Harnik Approve the Minutes of October 24, 2024. Motion Carried 13.b APPROVAL OF WARRANT REGISTERS Motion by: Councilmember Nestande Seconded by: Mayor Pro Tem Harnik Approve the warrant registers issued for the period 10/17/2024 to 11/1/2024. Motion Carried 13.c RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE LICENSES Motion by: Councilmember Nestande Seconded by: Mayor Pro Tem Harnik Receive and file the application for Alcoholic Beverage License for: Palm Desert Local Mart, Inc. (Local Mart) - 45-200 PORTOLA AVE 321 Palm Desert Motion Carried 45 Palm Desert City Council Meeting Minutes November 14, 2024 3 13.f AWARD CONSTRUCTION SERVICES AGREEMENT NO. HA48600 WITH MOHAWK COMMERCIAL, INC., FOR FLOOR COVERINGS AT PALM DESERT HOUSING AUTHORITY PROPERTIES Motion by: Councilmember Nestande Seconded by: Mayor Pro Tem Harnik 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 No. HA48600 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. Motion Carried 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) Motion by: Councilmember Nestande Seconded by: Mayor Pro Tem Harnik 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. Motion Carried 13.h APPROVE OUT-OF-STATE TRAVEL FOR THE PUBLIC AFFAIRS MANAGER TO PROMOTE THE PALM DESERT FOOD AND WINE FESTIVAL Motion by: Councilmember Nestande Seconded by: Mayor Pro Tem Harnik 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. Motion Carried 46 Palm Desert City Council Meeting Minutes November 14, 2024 4 13.i ADOPT RESOLUTION 2024-079 APPROVING FINAL TRACT MAP NO. 37506- 3 AND AGREEMENTS Motion by: Councilmember Nestande Seconded by: Mayor Pro Tem Harnik Adopt Resolution No. 2024-079 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.” Motion Carried 13.j AWARD A CONTRACT NO. C48610 TO R DEPENDABLE CONSTRUCTION, INC., FOR ADA UPGRADES AT THE STATE BUILDING (PROJECT NO. MFA00011) Motion by: Councilmember Nestande Seconded by: Mayor Pro Tem Harnik 1. Award a contract no. C48610 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. Motion Carried 13.k AWARD A CONTRACT NO. C48620 TO HERMANN DESIGN GROUP FOR DEVELOPENT OF A LANDSCAPE MASTER PLAN AND CONSTRUCTION SUPPORT SERVICES (PROJECT NO. CPK00003) Motion by: Councilmember Nestande Seconded by: Mayor Pro Tem Harnik 1. Award a Professional Services Agreement No. C48620 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. 47 Palm Desert City Council Meeting Minutes November 14, 2024 5 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. Motion Carried 13.d ACCEPTANCE A RESIGNATION FROM THE FINANCE COMMITTEE Mayor Quintanilla expressed gratitude to Mr. Wuest for his service on the Finance Committee and to the community. Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik With regret, accept the resignation of Jake Wuest from the Finance Committee, effective December 31, 2024. Motion Carried (5 to 0) 13.e AUTHORIZATION OF JOSLYN CENTER AGREEMENT WITH PALM DESERT WAVE HOUSE FOR PARKING LOT USE AND CONSTRUCTION AND INSTALLATION OF PICKLEBALL COURT Homeless and Supportive Services Manager Tenorio responded to Council inquiry. Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik 1. 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. 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 Motion Carried (5 to 0) 48 Palm Desert City Council Meeting Minutes November 14, 2024 6 14. ACTION CALENDAR 14.a RESOLUTION 2024-080 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 Assistant City Manager Escobedo and Director of Finance Chavez narrated a PowerPoint presentation and responded to Council inquiries. Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Nestande 1. Adopt Resolution No. 2024-080 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 time to respond to immediate community needs. Motion Carried (5 to 0) 15. PUBLIC HEARINGS 15.a INTRODUCTION OF AN ORDINANCE NO. 1422 TO AMEND CHAPTER 12.04 – ENCROACHMENTS, OF THE PALM DESERT MUNICIPAL CODE, AND MAKING A FINDING OF EXEMPTION UNDER CEQA Mayor Quintanilla opened the public hearing. Capital Projects Manager Gayler summarized the staff report and responded to City Council inquiries. Mayor Quintanilla closed the public hearing, there being no member of the public wishing to speak. Motion by: Councilmember Kelly Seconded by: Councilmember Trubee Introduce Ordinance No. 1422 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.” Motion Carried (5 to 0) 49 Palm Desert City Council Meeting Minutes November 14, 2024 7 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 Mayor Quintanilla opened the public hearing. Director of Development Service Cannone summarized the staff report and responded to City Council inquiries. Mayor Quintanilla closed the public hearing, there being no member of the public wishing to speak. Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Nestande 1. Hold a noticed consolidated public hearing and receive public testimony; and 2. Adopt Resolution No. 2024-081 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.” Motion Carried (5 to 0) 15.c INTRODUCTION OF AN ORDINANCE NO. 1423 TO AMEND SECTION 25.34.030 ACCESSORY DWELLING UNITS OF THE PALM DESERT MUNICIPAL AND MAKING A FINDING OF EXEMPTION UNDER CEQA Mayor Quintanilla opened the public hearing. Principal Planner Flores narrated a PowerPoint presentation and responded to City Council inquiries. Mayor Quintanilla closed the public hearing, there being no member of the public wishing to speak. Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Kelly Introduce Ordinance No. 1423 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.” Motion Carried (5 to 0) 50 Palm Desert City Council Meeting Minutes November 14, 2024 8 16. INFORMATION ITEMS None. 17. ADJOURNMENT The City Council adjourned at 5:17 p.m. Respectfully submitted, _________________________ Michelle Nance Deputy Clerk II _________________________ Anthony J. Mejia, MMC City Clerk/Secretary 51 52 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 11/7/2024 - 11/7/2024 City of Palm Desert Account Number 11/07/202400003041 Amazon Capital Services Inc.W1 Electronic wipes & Post-its42110001104159 1QVL-LQLQ-J4N4 26.59 11/07/202400003041 Amazon Capital Services Inc.W1 Cert. 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COMM43910001104611 233833 860.00 11/07/202400003066 VINTAGE ASSOCIATESW1 AG24 LMA 16 LANDS MAINT -HAYST43320002764374 233833 3,755.00 11/07/202400003067 VISUAL EDGE IT INCW1 Usge&Supl 2TX101725 9/20-10/1943420001104190 24AR2163895 120.99 11/07/202400003067 VISUAL EDGE IT INCW1 Usage&Supply 3TX403772 OCT2443420001104190 24AR2185753 96.99 11/07/202400003067 VISUAL EDGE IT INCW1 Usage&Supplies 9/29-10/2843420001104190 24AR2185752 1,089.23 11/07/202400003068 VIVARIUM LLCW1 Pickleball Paddle- Sales Tax20702001100000 1005 -110.44 11/07/202400003068 VIVARIUM LLCW1 Ivy Cut ONE Pickleball Paddle42190001104419 1005 1,425.00 11/07/202400003068 VIVARIUM LLCW1 Pickleball Paddle- Sales Tax42190001104419 1005 110.44 11/07/202400003069 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - PARKVIEW ESTATES43090002724374 010-59703 100.00 11/07/202400003069 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - DESERT MIRAGE43090002734680 010-59703 228.14 11/07/202400003069 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - SANDCASTLES43090002734681 010-59703 178.54 11/07/202400003069 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - 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COLLEGE VIEW ESTAT43090002874684 010-59703 183.10 11/07/202400003069 WILLDAN FINANCIAL SERVICESW1 LLD ADMIN - PALM DESERT CC43090002994374 010-59703 1,561.24 11/07/202402004798 CARRANZA, MARISOLW1 2024 APA CONF MILE M. 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CARRANZA43120001104470 APA PRDM MC CLR 241.50 11/07/202402004799 ALEX VASQUEZW1 CACEO ADV LDG A.VASQUEZ 11/11-11501001100000 ADV LDG 1124AV 832.99 11/07/202402004799 ALEX VASQUEZW1 CACEO ADV PRDM AVASQUEZ 11/1111501001100000 ADV PD 1124AV 259.00 11/07/202402004799 ALEX VASQUEZW1 CACEO ADV MILE AVASQUEZ 11/1111501001100000 ADV MILE 1124AV 122.61 11/07/202402004799 ALEX VASQUEZW1 CACEO ADV PRK AVASQUEZ 11/1111501001100000 ADV PARK 1124AV 120.00 11/07/202402004800 ALL STAR GLASS INCW1 R/M WINDOW #084 CITY OWNED43340001104331 2163122 508.05 11/07/202402004801 ALPHA MEDIA LLCW1 Concerts in The Park - Oct2443222001104417 785363-1 560.00 11/07/202402004801 ALPHA MEDIA LLCW1 Concerts in The Park - Oct2443222001104417 785370-1 540.00 11/07/2024Report Date 5Page City and Housing Docusign Envelope ID: C9A17504-B80A-4C54-A461-09EFC37D0064 57 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 11/7/2024 - 11/7/2024 City of Palm Desert Account Number 11/07/202402004801 ALPHA MEDIA LLCW1 Concerts in The Park - Oct2443222001104417 785359-1 560.00 11/07/202402004801 ALPHA MEDIA LLCW1 Concerts in The Park - Oct2443222001104417 785356-1 560.00 11/07/202402004802 ALTA PLANNING + DESIGN INCW1 PD VISION ZERO STRATEGY50009102134300 304.0002023.2679 65,702.63 11/07/202402004803 ANSER ADVISORY MANAGEMENT LLCW1 SEP24 SVCS44001002354270 27645 2,840.00 11/07/202402004804 ARCHITECTURAL RESOURCES GROUPW1 Historic Survey-SEP 2443005001104470 53812 2,661.25 11/07/202402004804 ARCHITECTURAL RESOURCES GROUPW1 Historic Survey-JUL 2443005001104470 53484-R 16,122.21 11/07/202402004804 ARCHITECTURAL RESOURCES GROUPW1 Historic Survey-AUG 2443005001104470 53638 8,439.90 11/07/202402004805 B-OK LOCKSMITHW1 R/M SUPERVISOR'S OFFICE DOOR43310001104330 40495 180.00 11/07/202402004806 BECK OIL INCW1 GAS AND DIESEL FUEL42170001104331 129960 1,038.07 11/07/202402004806 BECK OIL INCW1 GAS AND DIESEL FUEL42170001104331 137390 4,394.38 11/07/202402004806 BECK OIL INCW1 GAS AND DIESEL FUEL42170001104331 129959 263.52 11/07/202402004806 BECK OIL INCW1 GAS AND DIESEL FUEL42170001104331 129956 326.45 11/07/202402004807 BUREAU VERITAS NORTH AMERICAW1 Plan Review & Inspection SP2443010001104420 24046103 8,913.09 11/07/202402004808 CASH, PETTYW1 Council Snack 10.10.2443125001104110 CAST 10.10.24 71.68 11/07/202402004808 CASH, PETTYW1 Council Snacks 10.24.2443125001104110 CAST 10.23.24 47.59 11/07/202402004808 CASH, PETTYW1 Ortega MMC Admission Fee43120001104111 ORTEGA 9.25.24 50.00 11/07/202402004808 CASH, PETTYW1 Ortega Notary Registration43120001104111 ORTEGA 9.25.24-2 70.57 11/07/202402004808 CASH, PETTYW1 City Clerk Mngt. Frames42110001104114 MEJIA 10.25.24 38.77 11/07/202402004808 CASH, PETTYW1 Election Sign Tape42110001104114 MEJIA 10.25.24 12.91 11/07/202402004809 CITY OF LA QUINTAW1 SHARED COST FOR TRAFFIC SIGNAL43325001104250 INV02265 674.13 11/07/202402004810 CLARION ASSOCIATES LLCW1 Unified Develop Code SEP 2443005001104470 9921 19,046.72 11/07/202402004811 Coachella PartyW1 EOYP Photobooth Deposit43095011104154 265300171 900.00 11/07/202402004812 COACHELLA VALLEY WATER DIST.W1 44911 Cabrillo Avenue43510001104340 712257390932OC24 72.52 11/07/202402004812 COACHELLA VALLEY WATER DIST.W1 21 CONSTRUCTION METER43510001104310 820221768036OC24 1,239.10 11/07/202402004812 COACHELLA VALLEY WATER DIST.W1 26 CONSTRUCTION METER43510001104310 306823768022OC24 138.00 11/07/202402004812 COACHELLA VALLEY WATER DIST.W1 68 CONSTRUCTION METER43510001104310 306749767878OC24 327.00 11/07/202402004812 COACHELLA VALLEY WATER DIST.W1 74735 Hovley Lane E - Soccer P43510001104611 127363385426OC24 166.02 11/07/2024Report Date 6Page City and Housing Docusign Envelope ID: C9A17504-B80A-4C54-A461-09EFC37D0064 58 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 11/7/2024 - 11/7/2024 City of Palm Desert Account Number 11/07/202402004812 COACHELLA VALLEY WATER DIST.W1 1131 HOVLEY SOCCER PARK43510001104611 315303847830OC24 1,223.96 11/07/202402004812 COACHELLA VALLEY WATER DIST.W1 10049 FREEDOM PARK43510001104611 315491848018OC24 2,282.89 11/07/202402004812 COACHELLA VALLEY WATER DIST.W1 1089 MEDIANS43510001104614 315239847766OC24 3,457.44 11/07/202402004812 COACHELLA VALLEY WATER DIST.W1 73200 Mesa View Dr FS 6743510002304220 176281476314OC24 415.16 11/07/202402004812 COACHELLA VALLEY WATER DIST.W1 73995 Country Club FS7143510002304220 122335377974OC24 375.97 11/07/202402004812 COACHELLA VALLEY WATER DIST.W1 D. 1088 Desert Mirage (Cook)43510002734680 315237847764OC24 403.17 11/07/202402004812 COACHELLA VALLEY WATER DIST.W1 Larkspur Ln - Fire Mtr PP E/W43510002774373 797761405428OC24 99.39 11/07/202402004812 COACHELLA VALLEY WATER DIST.W1 Portola Ave - Fire Mtr PP E/W43510002774373 797755405410OC24 98.99 11/07/202402004812 COACHELLA VALLEY WATER DIST.W1 San Luis Rey - Fire Mtr PP E/W43510002774373 797759405418OC24 99.39 11/07/202402004812 COACHELLA VALLEY WATER DIST.W1 C. 1088 K/B (Heatherwood)43510002854374 315237847764OC24 57.19 11/07/202402004812 COACHELLA VALLEY WATER DIST.W1 H. 1088 College View Estates I43510002874374 315237847764OC24 146.95 11/07/202402004812 COACHELLA VALLEY WATER DIST.W1 F. 1088 The Boulders (Shepherd43510002874680 315237847764OC24 62.55 11/07/202402004812 COACHELLA VALLEY WATER DIST.W1 B. 1088 Sundance W (Kokopelli)43510002874681 315237847764OC24 75.39 11/07/202402004812 COACHELLA VALLEY WATER DIST.W1 E. 1088 Petunia Place 1 (Petun43510002874682 315237847764OC24 72.78 11/07/202402004812 COACHELLA VALLEY WATER DIST.W1 A. 1088 Sundance E. (Shepherd43510002874683 315237847764OC24 569.06 11/07/202402004812 COACHELLA VALLEY WATER DIST.W1 G. 1088 College View Estates I43510002874684 315237847764OC24 187.49 11/07/202402004813 CONSTANT CONTACT INCW1 Deposit for renewal43090001104430 E7T6BVABB29924 826.20 11/07/202402004814 DESERT ELECTRIC SUPPLYW1 R/M LIGHTING43310001104330 S3246200.001 783.37 11/07/202402004814 DESERT ELECTRIC SUPPLYW1 TRAFFIC SIGNAL SUPPLIES43325001104250 S3245902.001 59.18 11/07/202402004815 DESERT NAPA AUTO PARTSW1 R/M LIGHTS #056 CITY OWNED43340001104331 100986 53.85 11/07/202402004815 DESERT NAPA AUTO PARTSW1 R/M BULBS #056 CITY OWNED43340001104331 100981 12.28 11/07/202402004815 DESERT NAPA AUTO PARTSW1 R/M LIGHT BAR #047 CITY OWNED43340001104331 100885 7.85 11/07/202402004815 DESERT NAPA AUTO PARTSW1 R/M BATTERY #384 CITY OWNED43340001104331 099034 67.51 11/07/202402004815 DESERT NAPA AUTO PARTSW1 SHOP SUPPLIES43340001104331 099001 192.84 11/07/202402004816 DITCH WITCH WESTW1 SALES TAX AND FREIGHT43340001104331 666186 289.82 11/07/202402004816 DITCH WITCH WESTW1 R/M DITCH WITCH VAC TRLR #38643340001104331 666186 14,534.89 11/07/202402004817 EVERLING, KATHRYNW1 ANIMAL VAX-POE43884001104230 EVERLING 1024-1 25.00 11/07/2024Report Date 7Page City and Housing Docusign Envelope ID: C9A17504-B80A-4C54-A461-09EFC37D0064 59 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 11/7/2024 - 11/7/2024 City of Palm Desert Account Number 11/07/202402004817 EVERLING, KATHRYNW1 ANIMAL VAX-SAM43884001104230 EVERLING 1024-2 25.00 11/07/202402004818 FIESTA FORDW1 R/M VEHICLE #067 CITY OWNED43340001104331 580893/1 451.42 11/07/202402004819 FLORES , CARLOSW1 APA LDG C FLORES- CLR ADV11501001100000 APA HOTEL CF-CLR -450.54 11/07/202402004819 FLORES , CARLOSW1 2024 APA CONF PD C. FLORES11501001100000 APA PRDM CF CLR--241.50 11/07/202402004819 FLORES , CARLOSW1 2024 APA FUEL C. FLORES43115001104470 APA FUEL CF 34.51 11/07/202402004819 FLORES , CARLOSW1 2024 APA CONF HOTEL C. FLORES43120001104470 APA HOTEL CF CLR 450.54 11/07/202402004819 FLORES , CARLOSW1 2024 APA CONF PD C. FLORES43120001104470 APA PRDM CF CLR 241.50 11/07/202402004819 FLORES , CARLOSW1 2024 APA CONF PARK C. FLORES43120001104470 APA PRK CF 97.18 11/07/202402004820 GANNETT CALIFORNIA LOCALIQW1 24/25 LEGAL ADVERTISING DSRT S43210001104111 0006710534 5,113.80 11/07/202402004821 IMPERIAL IRRIGATION DISTRICTW1 S/W COR CC WSH43514001104250 50155642-OC24 102.54 11/07/202402004821 IMPERIAL IRRIGATION DISTRICTW1 S/W COR CC WSH43514001104250 50155645-OC24 19.72 11/07/202402004821 IMPERIAL IRRIGATION DISTRICTW1 40996 WASH ST TRF SIGNAL43514001104250 50524526-OC24 86.13 11/07/202402004822 JESSUP AUTO PLAZAW1 R/M VEHICLE #058 CITY OWNED43340001104331 6286005/1 1,121.87 11/07/202402004823 JTB SUPPLY COMPANY INC.W1 TRAFFIC EQUIPMENT SUPPLIES43325001104250 114180 1,817.97 11/07/202402004824 JUNK EXPRESS LLCW1 ABATE CASE #24-539343055001104422 24123 685.00 11/07/202402004825 KNORR SYSTEMS INCW1 OC24 MONTHLY PM - PDAC43311012424549 251806 2,970.00 11/07/202402004826 LOCK SHOP INC.W1 R/M KEY #047 CITY OWNED43340001104331 BB10560927 224.12 11/07/202402004826 LOCK SHOP INC.W1 R/M LOCKS - COMM GARDENS43910001104611 A136353 305.94 11/07/202402004826 LOCK SHOP INC.W1 KEYS42190001104250 AA10066814 6.36 11/07/202402004827 LOPEZ , CESARW1 New Hire Livescan Reimb43056001104154 CLOPEZ NH LSCAN 57.00 11/07/202402004828 LOWE'S HOME CENTERS INC.W1 PVC FITTING43310001104330 991456-102424 45.85 11/07/202402004828 LOWE'S HOME CENTERS INC.W1 SUPPLIES FOR GOLF CART PARADE43310001104330 991463-102424 183.82 11/07/202402004828 LOWE'S HOME CENTERS INC.W1 GRAFFITI REMOVAL SUPPLIES43915021104310 970496-101724 79.52 11/07/202402004828 LOWE'S HOME CENTERS INC.W1 SHOP LOCK42190001104330 998482-101624 6.84 11/07/202402004828 LOWE'S HOME CENTERS INC.W1 SHOP LOCKS42190001104330 970501-101724 26.52 11/07/202402004828 LOWE'S HOME CENTERS INC.W1 SUPPLIES42190001104330 970498-101724 171.52 11/07/202402004829 MARTINO, AUTUMNW1 Img Dsgn Pk Bench43092004364650 20241028AM 1,000.00 11/07/2024Report Date 8Page City and Housing Docusign Envelope ID: C9A17504-B80A-4C54-A461-09EFC37D0064 60 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 11/7/2024 - 11/7/2024 City of Palm Desert Account Number 11/07/202402004830 MCI A VERIZON COMPANYW1 Portola TelePhone Svc APR2443650001104344 409117334 64.67 11/07/202402004831 MEJIA, ANTHONYW1 Canva Sub. Anthony Mejia43620011104190 MEJIA 10.27.24 119.99 11/07/202402004832 MENDOZA, LIISA MARIEW1 Sponsorship43062011104800 MENDOZAYUMFEST 200.00 11/07/202402004833 MINUTEMAN PRESSW1 PP24-0005 PROJECT NOTICES43660001104470 74187 1,921.37 11/07/202402004834 MOMAR INCORPORATEDW1 TIRE SHINE43340001104331 PSI582947 336.58 11/07/202402004835 MORRIS, MICHAEL GW1 CACEO ADV LODGING M. MORRIS11501001100000 ADV LDG 1124MM 1,038.66 11/07/202402004835 MORRIS, MICHAEL GW1 CACEO ADV PER DIEM M. MORRIS11501001100000 ADV PD 1124MM 259.00 11/07/202402004835 MORRIS, MICHAEL GW1 CACEO ADV PARKING M. MORRIS11501001100000 ADV PARK 1124MM 120.00 11/07/202402004835 MORRIS, MICHAEL GW1 CACEO ADV MILEAGE M. MORRIS11501001100000 ADV MILE 1124MM 172.86 11/07/202402004836 MOWERS PLUS INCW1 R/M WEED EATER43340001104331 309417 188.16 11/07/202402004836 MOWERS PLUS INCW1 R/M EMERG GENERATOR TRAILER43340001104331 309419 92.44 11/07/202402004837 OZZIE'S INTERNATIONALW1 R/M VEHICLE #092 CITY OWNED43340001104331 37026 948.09 11/07/202402004837 OZZIE'S INTERNATIONALW1 R/M VEHICLE #070 CITY OWNED43340001104331 36691 1,083.69 11/07/202402004837 OZZIE'S INTERNATIONALW1 R/M VEHICLE #061 CITY OWNED43340001104331 36738 2,510.67 11/07/202402004837 OZZIE'S INTERNATIONALW1 R/M VEHICLE #071 CITY OWNED43340001104331 36753 2,332.57 11/07/202402004837 OZZIE'S INTERNATIONALW1 R/M LIGHTS #066 CITY OWNED43340001104331 37041 150.53 11/07/202402004837 OZZIE'S INTERNATIONALW1 R/M FLEET #068 CITY OWNED43340001104331 37093 1,055.13 11/07/202402004838 PALMER ELECTRICW1 R/M ELECT - CIVIC CENTER PARK43321001104610 6030 941.49 11/07/202402004838 PALMER ELECTRICW1 R/M ELECT - PALMA PARK43325011104611 6028 251.82 11/07/202402004838 PALMER ELECTRICW1 R/M ELECT - HOVLEY PARK43325011104611 6031 1,378.03 11/07/202402004839 PARKHOUSE TIRE INC.W1 TIRE DISPOSAL43340001104331 2030241457 204.50 11/07/202402004839 PARKHOUSE TIRE INC.W1 TIRE DISPOSAL43340001104331 2030241458 165.00 11/07/202402004839 PARKHOUSE TIRE INC.W1 R/M TIRES #102 CITY OWNED43340001104331 2030241335 801.53 11/07/202402004839 PARKHOUSE TIRE INC.W1 R/M TIRES #103 CITY OWNED43340001104331 2030241337 809.03 11/07/202402004840 PENTA, RYLANDW1 Civic Academy - Sapporo (PK43125001104417 RPENT REIM 10.29 500.00 11/07/202402004840 PENTA, RYLANDW1 Civic Academy - Albertsons43125001104417 RPENT REIM 10.28 11.48 11/07/202402004841 POWERSTRIDE BATTERY COMPANYW1 GOLF CART CHARGER43340001104331 P701729 161.63 11/07/2024Report Date 9Page City and Housing Docusign Envelope ID: C9A17504-B80A-4C54-A461-09EFC37D0064 61 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 11/7/2024 - 11/7/2024 City of Palm Desert Account Number 11/07/202402004842 PROPER SOLUTIONS INC.W1 1018-Christine J. Admin Temp43003001104150 16498 1,706.40 11/07/202402004842 PROPER SOLUTIONS INC.W1 1025-Christine J. Admin Temp43003001104150 16521 1,706.40 11/07/202402004842 PROPER SOLUTIONS INC.W1 Full Time Temporary Employee43003001104111 16449 1,374.93 11/07/202402004843 QUINN COMPANYW1 R/M FLEET #269 CITY OWNED43340001104331 PCA30029760 898.65 11/07/202402004844 RANCHO MIRAGE CHAMBERW1 Harnik-RM State of the City43125001104110 113079 95.00 11/07/202402004845 RIVERSIDE ASSESSOR -COUNTYW1 LIEN RELEASES 2024-023446143640001104422 24-225879 17.00 11/07/202402004845 RIVERSIDE ASSESSOR -COUNTYW1 LIEN RELEASES 2024-023446243640001104422 24-225879 17.00 11/07/202402004845 RIVERSIDE ASSESSOR -COUNTYW1 LIEN RELEASES 2024-024988543640001104422 24-240157 20.00 11/07/202402004846 SELBERT PERKINS DESIGN INCW1 WAYFINDING MASTER PLAN SP2450009102134300 241182 6,000.00 11/07/202402004846 SELBERT PERKINS DESIGN INCW1 ENTRY MONUMENT SIGNS DESIGN50009102134300 241183 2,000.00 11/07/202402004847 SHASTA FIRE PROTECTIONW1 R/M FIRE SYSTEM ARTIST CTR43885001104800 9013 650.00 11/07/202402004848 SOUTHERN CALIFORNIA EDISON CO.W1 iHUB SCE Nov '2443950004254430 700423102627NV24 1,674.62 11/07/202402004849 SOUTHERN CALIFORNIA EDISONW1 FIRESTATION 33,67,7143514002304220 700028290904OC24 7,891.84 11/07/202402004850 SOUTHWEST AQUATICSW1 OC24 MONTH MAINT - CC LAGOON43320011104610 10-22404 4,114.00 11/07/202402004850 SOUTHWEST AQUATICSW1 OC24 MAINT - ENTRADA LAGOON43921011104614 10-22404 1,030.00 11/07/202402004851 ST. FRANCIS ELECTRIC LLCW1 24/25 TRAFFIC SIGNAL PM AND RE43325001104250 20016894 281.50 11/07/202402004851 ST. FRANCIS ELECTRIC LLCW1 SP24 PM TRAFFIC SIGNAL43325001104250 20016893 2,475.00 11/07/202402004852 SUNLINE TRANSIT AGENCYW1 SP24 MAINTENANCE BUS SHELTERS43320001104310 INV08228 7,853.40 11/07/202402004853 SUPERIOR READY MIX CONCRETEW1 CONCRETE 74705 AVE 4243320001104310 454361 582.76 11/07/202402004853 SUPERIOR READY MIX CONCRETEW1 CONCRETE 43900 SAN PABLO43320001104310 453311 402.99 11/07/202402004853 SUPERIOR READY MIX CONCRETEW1 CONCRETE 47440 HELIOTROPE43320001104310 454068 690.21 11/07/202402004854 THE RAMSAY GROUPW1 FY24/25 CDBG ADMIN OCT 202443090002204800 INV #4 3,800.00 11/07/202402004855 TOPS N BARRICADES INC.W1 RED PAINT R / M EL PASEO43320001104310 1109917 951.56 11/07/202402004856 TPX COMMUNICATIONSW1 Internet/Phone Svcs OCT2443650001104190 182381428-0 12,653.45 11/07/202402004857 UNIFIRST CORPORATIONW1 INDUSTRIAL UNIFORM RENTAL42140001104310 2200188242 155.39 11/07/202402004858 CALIFORNIA STATE UNIVERSITYW1 iHUB Services Q343950004254430 SP0013473 43,750.00 11/07/202402004859 VILLANUEVA, PAULW1 CACEO ADV LODGING P. VILLANUEV11501001100000 ADV LDG 1124PV 829.50 11/07/2024Report Date 10Page City and Housing Docusign Envelope ID: C9A17504-B80A-4C54-A461-09EFC37D0064 62 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 11/7/2024 - 11/7/2024 City of Palm Desert Account Number 11/07/202402004859 VILLANUEVA, PAULW1 CACEO ADV PD P. VILLANUEVA11501001100000 ADV PD 1124PV 259.00 11/07/202402004859 VILLANUEVA, PAULW1 CACEO ADV PARKING P. VILLANUEV11501001100000 ADV PARK 1124PV 120.00 11/07/202402004859 VILLANUEVA, PAULW1 CACEO ADV MILEAGE P. VILLANUEV11501001100000 ADV MILE 1124PV 172.86 11/07/202402004860 XEROX FINANCIAL SERVICESW1 3TX403772 9/30-10/29 Lease43420001104190 6323675 191.98 Examined and Approved Total For Bank ID - W1 695,679.68City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 11/07/2024Report Date 11Page City and Housing Docusign Envelope ID: C9A17504-B80A-4C54-A461-09EFC37D0064 63 64 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 11/8/2024 - 11/8/2024 City of Palm Desert Account Number 11/08/202402004861 CARRANZA, MARISOLW1 2024 APA PD M. CARRANZA11501001100000 APA PRDM MC-CLR -241.50 11/08/202402004861 CARRANZA, MARISOLW1 2024 APA CONF MILE M. CARRANZA11501001100000 APA MILE MC -CLR -188.94 11/08/202402004861 CARRANZA, MARISOLW1 2024 APA CONF MILE M. CARRANZA43115001104470 APA MILE MC CLR-190.28 11/08/202402004861 CARRANZA, MARISOLW1 2024 APA CONF PRDM CARRANZA43115001104470 APA PRDM MC CLR-241.50 11/08/202402004861 CARRANZA, MARISOLW1 2024 APA CONF PARK M. CARRANZA43120001104470 APA PARK MC CLR-40.00 Examined and Approved Total For Bank ID - W1 41.34City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 11/08/2024Report Date 1Page City and Housing Docusign Envelope ID: B307454D-FAF4-4106-BB80-06596F041E6E 65 66 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 11/14/2024 - 11/14/2024 City of Palm Desert Account Number 11/14/202400003070 JOSLYN CENTERW1 FY23/24 CDBG Grant43880002204800 23-24 CDBG 69,000.00 11/14/202400003071 Amazon Capital Services Inc.W1 YETI Insulated Tumblers43095011104154 13MF-Y9XD-4JGQ 573.30 11/14/202400003071 Amazon Capital Services Inc.W1 Favide 24 pc Award "Prizes"42110001104154 17G4-PJQD-DKYG 29.08 11/14/202400003071 Amazon Capital Services Inc.W1 Golf Cart Parade Float43061011104416 11DF-1Y6W-Q3RY 59.22 11/14/202400003072 BEST BEST & KRIEGER LLPW1 REIMB LGL THRU 9/2443015001104121 1009625 528.57 11/14/202400003072 BEST BEST & KRIEGER LLPW1 ADDT'L MONTHLY LGL THRU 9/2443015001104121 1009625 77,531.40 11/14/202400003072 BEST BEST & KRIEGER LLPW1 Library LGL SVC 9/2443090002524662 1009625 133.20 11/14/202400003073 BMW MOTORCYCLE OF RIVERSIDEW1 24/25 POLICE MTRCYCLE REP/MAIN43340001104210 6037107 3,021.94 11/14/202400003073 BMW MOTORCYCLE OF RIVERSIDEW1 24/25 POLICE MTRCYCLE REP/MAIN43340001104210 6037166 -754.61 11/14/202400003074 BRODART COW1 Library Book vendor to purchas42112002524662 B6883408 62.63 11/14/202400003074 BRODART COW1 Library Book vendor to purchas42112002524662 B6883403 25.01 11/14/202400003074 BRODART COW1 Library Book vendor to purchas42112002524662 B6883402 90.20 11/14/202400003074 BRODART COW1 Library Book vendor to purchas42112002524662 B6883096 24.98 11/14/202400003074 BRODART COW1 Library Book vendor to purchas42112002524662 B6883528 42.91 11/14/202400003074 BRODART COW1 Library Book vendor to purchas42112002524662 B6883444 375.36 11/14/202400003074 BRODART COW1 Library Book vendor to purchas42112002524662 B6883448 156.51 11/14/202400003074 BRODART COW1 Library Book vendor to purchas42112002524662 B6883514 22.65 11/14/202400003074 BRODART COW1 Library Book vendor to purchas42112002524662 B6879581 22.19 11/14/202400003074 BRODART COW1 Library Book vendor to purchas42112002524662 B6879588 78.01 11/14/202400003074 BRODART COW1 Library Book vendor to purchas42112002524662 B6879589 331.20 11/14/202400003075 C V A GW1 OCT 2024 TUMF22825006100000 PDTUMF102024 62,254.72 11/14/202400003076 CDW LLCW1 Logitech speakers & headset42120001104190 AB3PG6E 159.76 11/14/202400003076 CDW LLCW1 Backpack for tech supplies42120001104190 AB3ZK2W 67.54 11/14/202400003076 CDW LLCW1 Startech fiber transceiver42120001104190 AB3AT3B 287.84 11/14/202400003076 CDW LLCW1 HP 65 Ink Carts42120001104190 AB4FX4E 314.88 11/14/202400003076 CDW LLCW1 Zebracard ID Card Printer44040001104190 AB3336P 2,985.22 11/14/202400003076 CDW LLCW1 R-Samsung 27IN Monitors44040005304190 AB3GW5C 797.91 11/14/2024Report Date 1Page City and Housing Docusign Envelope ID: 7B40DDEB-6C08-49D2-85A4-DC0713462064 67 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 11/14/2024 - 11/14/2024 City of Palm Desert Account Number 11/14/202400003077 COACHELLA VALLEY CONSERVATIONW1 OCT 2024 MSHCP22808006100000 PDMSHCP102024 105,890.30 11/14/202400003077 COACHELLA VALLEY CONSERVATIONW1 LESS1% ADMIN FEE22808006100000 PDMSHCP102024 -1,058.90 11/14/202400003078 County of Riverside SheriffW1 8/22-9/18 Law Enforcement Svs43040001104210 SH0000046860 891,458.39 11/14/202400003078 County of Riverside SheriffW1 24/25 RSO Law Enforcement43092031104210 SH0000046860 593,356.24 11/14/202400003078 County of Riverside SheriffW1 FY 24/25 RSO Law Enforcement43092041104210 SH0000046860 65,128.58 11/14/202400003079 DESERT REDI-MIXW1 CONCRETE SUPPLIES - UNIV PARK43320001104310 1192643 446.21 11/14/202400003080 ENTERPRISE FM TRUSTW1 234LD4 MAINTENANCE43340001104331 FBN5186257 136.25 11/14/202400003080 ENTERPRISE FM TRUSTW1 22V3PJ MAINTENANCE43340001104331 FBN5186257 111.83 11/14/202400003080 ENTERPRISE FM TRUSTW1 22V3QC MAINTENANCE43340001104331 FBN5186257 110.20 11/14/202400003080 ENTERPRISE FM TRUSTW1 22V3RD MAINTENANCE43340001104331 FBN5186257 107.97 11/14/202400003080 ENTERPRISE FM TRUSTW1 22V458 MAINTENANCE43340001104331 FBN5186257 111.83 11/14/202400003080 ENTERPRISE FM TRUSTW1 22V3PN MAINTENANCE43340001104331 FBN5186257 111.83 11/14/202400003080 ENTERPRISE FM TRUSTW1 22V3S3 MAINTENANCE43340001104331 FBN5186257 121.08 11/14/202400003080 ENTERPRISE FM TRUSTW1 22V3PC MAINTENANCE43340001104331 FBN5186257 111.83 11/14/202400003080 ENTERPRISE FM TRUSTW1 22MTQF MAINTENANCE43340001104331 FBN5186257 103.00 11/14/202400003080 ENTERPRISE FM TRUSTW1 22MG3C MAINTENANCE43340001104331 FBN5186257 109.96 11/14/202400003080 ENTERPRISE FM TRUSTW1 22MG3H MAINTENANCE43340001104331 FBN5186257 109.96 11/14/202400003080 ENTERPRISE FM TRUSTW1 22MG55 MAINTENANCE43340001104331 FBN5186257 107.97 11/14/202400003080 ENTERPRISE FM TRUSTW1 22MG58 MAINTENANCE43340001104331 FBN5186257 94.67 11/14/202400003080 ENTERPRISE FM TRUSTW1 22MTQG MAINTENANCE43340001104331 FBN5186257 238.00 11/14/202400003080 ENTERPRISE FM TRUSTW1 22MG42 MAINTENANCE43340001104331 FBN5186257 107.97 11/14/202400003080 ENTERPRISE FM TRUSTW1 22MG5R MAINTENANCE43340001104331 FBN5186257 111.83 11/14/202400003080 ENTERPRISE FM TRUSTW1 22MG5W MAINTENANCE43340001104331 FBN5186257 103.00 11/14/202400003080 ENTERPRISE FM TRUSTW1 22MTQB MAINTENANCE43340001104331 FBN5186257 147.15 11/14/202400003080 ENTERPRISE FM TRUSTW1 22MTQD MAINTENANCE43340001104331 FBN5186257 141.73 11/14/202400003080 ENTERPRISE FM TRUSTW1 22MG34 MAINTENANCE43340001104331 FBN5186257 111.83 11/14/202400003080 ENTERPRISE FM TRUSTW1 22MG4H MAINTENANCE43340001104331 FBN5186257 107.97 11/14/2024Report Date 2Page City and Housing Docusign Envelope ID: 7B40DDEB-6C08-49D2-85A4-DC0713462064 68 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 11/14/2024 - 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Dues - Mejia43630001104111 300004017 250.00 11/14/202402004877 CITY OF INDIAN WELLSW1 FS 55 DOOR REIMB - CITY IW43042012304220 20-13 39.00 11/14/202402004878 CUEVAS, JOHN MANUELW1 Phase 144002004504164 0010252024 5,000.00 11/14/202402004879 D & B VISIONSW1 RECYCLING & ORGANICS ED PROGRA43090002364195 24-10 5,500.00 11/14/202402004880 DESERT AIR CONDITIONING INC.W1 OC24 QTR PM - STATE BUILDING43696025104195 254926 2,010.00 11/14/202402004880 DESERT AIR CONDITIONING INC.W1 SP24 QTR HVAC PM - CORP YARD43310001104330 254925 625.00 11/14/202402004880 DESERT AIR CONDITIONING INC.W1 OC24 QTR PM - CITY HALL/HS/PDC43310001104340 254926 4,157.00 11/14/202402004880 DESERT AIR CONDITIONING INC.W1 OC24 QTR PM - PORTOLA CC43310001104344 254926 388.00 11/14/202402004880 DESERT AIR CONDITIONING INC.W1 OC24 QTR PM - FREEDOM/HOVLEY43310001104611 254926 241.00 11/14/202402004880 DESERT AIR CONDITIONING INC.W1 SP24 QTR - FIRE STATION 67, 7143310002304220 254925 977.00 11/14/202402004880 DESERT AIR CONDITIONING INC.W1 OC24 QTR PM - PDAC43311012424549 254926 391.00 11/14/202402004880 DESERT AIR CONDITIONING INC.W1 SP24 QTR - iHUB BUILDING43950004254430 254925 1,336.00 11/14/202402004880 DESERT AIR CONDITIONING INC.W1 OC24 QTR PM - SHERIFF CENTER43695005104195 254926 7,184.00 11/14/202402004880 DESERT AIR CONDITIONING INC.W1 OC24 QTR PM - PARKVIEW BLDG43696015104195 254926 3,071.00 11/14/202402004881 DESERT ARCW1 FY 24/25 SHREDDING SCS43090001104111 13364 175.00 11/14/202402004882 DESERT NAPA AUTO PARTSW1 FUSE KIT43340001104331 104625 8.61 11/14/202402004883 DOVE PRINTINGW1 Brightside Prnt & Dist Nov/Dec43026001104417 15152 6,511.00 11/14/202402004883 DOVE PRINTINGW1 Sales Tax - Brightside Print20702001100000 15152 -504.60 11/14/202402004883 DOVE PRINTINGW1 Sales Tax - Brightside Print43026001104417 15152 504.60 11/14/202402004884 EDTECHNOLOGYFUNDS INCW1 E-Rate Cat 2 Consult- Oct 202443090002524662 2578 900.00 11/14/202402004885 EISENHOWER MEDICAL CENTERW1 24/25 MEDICAL EXAMINATIONS RSO43904001104210 T242570048 1,200.00 11/14/2024Report Date 9Page City and Housing Docusign Envelope ID: 7B40DDEB-6C08-49D2-85A4-DC0713462064 75 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 11/14/2024 - 11/14/2024 City of Palm Desert Account Number 11/14/202402004885 EISENHOWER MEDICAL CENTERW1 24/25 MEDICAL EXAMINATIONS RSO43904001104210 T242680176 1,200.00 11/14/202402004886 EVERON LLCW1 Sheriff Semi-Annual Halon Insp43042001104210 156756397 273.49 11/14/202402004887 EXQUISITE DESSERTS INCW1 Library Snacks grand opening43900002524662 591571 530.00 11/14/202402004888 FULTON DISTRIBUTINGW1 JANITORIAL SUPPLIES - CH42190001104340 650308 829.16 11/14/202402004889 GAME TIMEW1 CC DOG PARK IMPROVEMENT RTNT20600004000000 PJI-0252324-RTNT -7,874.50 11/14/202402004889 GAME TIMEW1 CC DOG PARK IMPROVEMENTS44001004004674 PJI-0252324 157,490.00 11/14/202402004890 Gay Desert GuideW1 Gay Desert Guide Advertainmen43221001104417 20243048 1,000.00 11/14/202402004891 GOODWIN, SHELBYW1 Oct Concert 10/343061011104416 WHICHWICH103 83.95 11/14/202402004891 GOODWIN, SHELBYW1 Oct 10 Concert43061011104416 WHICHWICH101024 100.63 11/14/202402004891 GOODWIN, SHELBYW1 Oct 17 Concert43061011104416 WHICHWICH1017 138.00 11/14/202402004891 GOODWIN, SHELBYW1 Oct 24 Concert43061011104416 WHICHWICH1024 138.00 11/14/202402004891 GOODWIN, SHELBYW1 Oct 31 Concert43061011104416 WHICHWICH1031 138.00 11/14/202402004891 GOODWIN, SHELBYW1 Concerts in the Park supplies43061011104416 WALMART1002 70.31 11/14/202402004891 GOODWIN, SHELBYW1 Concerts in the Park supplies43061011104416 WALMART1010 32.75 11/14/202402004891 GOODWIN, SHELBYW1 Concerts in the Park supplies43061011104416 WALMART1030 137.64 11/14/202402004891 GOODWIN, SHELBYW1 Concerts in the Park Health De43061011104416 DEPTENVIRONHEALT 736.04 11/14/202402004892 GOVERNMENT FINANCEW1 S. Sullivan ID# 300280563 Dues43630001104150 FY2425 0280563 15.00 11/14/202402004893 GREATER COACHELLA VALLEYW1 Indio State of Bus - VMager43125001104430 27691 75.00 11/14/202402004894 HARNIK, JAN C.W1 Harnik Mileage 10.202443115001104110 HARNIK MIL 10.24 35.51 11/14/202402004894 HARNIK, JAN C.W1 J.H. MEI LOCC Ann. Conf43120001104110 MEI 10.18.24 48.00 11/14/202402004894 HARNIK, JAN C.W1 JH Parking LOCC Ann. Conf.43120001104110 PARK 10.18.24 42.00 11/14/202402004895 HERMANN DESIGN GROUP INCW1 AMEND NO. 3 - PLANT ENHANCEMEN48092004414195 24102509 2,530.00 11/14/202402004896 HIGH TECH MAILING SERVICESW1 VISION ZERO STRATEGY - MTGS50009102134300 44357 3,529.69 11/14/202402004897 HISTORICAL SOCIETY OF PALM DESERTW1 His. Soc. Lunch-JH, KK, ET43125001104110 HISTSOC.LNCH1112 150.00 11/14/202402004898 HORIZON LIGHTING INC.W1 R/M ELECT - CITY HALL43310001104340 366977 1,051.41 11/14/202402004899 ICMAW1 Mbrship Dues 1/1-12/31/25 Esco43630001104130 1128877 E ESCOBE 1,200.00 11/14/202402004900 IMPERIAL IRRIGATION DISTRICTW1 Dinah Shore Dr/Shopper43514001104250 50087402-OC24 39.54 11/14/2024Report Date 10Page City and Housing Docusign Envelope ID: 7B40DDEB-6C08-49D2-85A4-DC0713462064 76 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 11/14/2024 - 11/14/2024 City of Palm Desert Account Number 11/14/202402004900 IMPERIAL IRRIGATION DISTRICTW1 Dinah Shore Dr/Miriam43514001104250 50087411-OC24 38.30 11/14/202402004900 IMPERIAL IRRIGATION DISTRICTW1 72800 Dinah Shore Drive43514001104250 50087423-OC24 59.81 11/14/202402004900 IMPERIAL IRRIGATION DISTRICTW1 Dinah Shore Dr/Monterrey43514001104250 50087432-OC24 73.65 11/14/202402004900 IMPERIAL IRRIGATION DISTRICTW1 Dinah Shore Dr/Monterey43514001104250 50087443-OC24 40.78 11/14/202402004900 IMPERIAL IRRIGATION DISTRICTW1 Dinah Shore Dr/Miriam43514001104250 50087452-OC24 64.89 11/14/202402004900 IMPERIAL IRRIGATION DISTRICTW1 37998 Gerald Ford Dr43514001104250 50514026-OC24 38.46 11/14/202402004900 IMPERIAL IRRIGATION DISTRICTW1 37996 Gerald Ford Dr Signal LT43514001104250 50514028-OC24 57.82 11/14/202402004900 IMPERIAL IRRIGATION DISTRICTW1 75396 Frank Sinatra Dr43514001104250 50540835-OC24 40.92 11/14/202402004900 IMPERIAL IRRIGATION DISTRICTW1 75394 Frank Sinatra Dr St Ligh43514001104250 50540839-OC24 30.00 11/14/202402004900 IMPERIAL IRRIGATION DISTRICTW1 75398 Frank Sinatra Dr43514001104250 50540840-OC24 48.30 11/14/202402004900 IMPERIAL IRRIGATION DISTRICTW1 33108 Mont Safety Lt (Prv5065043514001104250 50887764-OC24 115.15 11/14/202402004900 IMPERIAL IRRIGATION DISTRICTW1 34249 Monterey Ave43514001104614 50488446-OC24 19.24 11/14/202402004901 KARTAL CORPORATIONW1 COPS Car Wash Apr-Jun2443060011104211 1397 229.99 11/14/202402004901 KARTAL CORPORATIONW1 COPS Car Wash Jul-Sep2443060011104211 1419 225.94 11/14/202402004902 KINCAID INDUSTRIES INCW1 R/M PLUMBING - CORPYARD43310001104330 5578 705.00 11/14/202402004902 KINCAID INDUSTRIES INCW1 R/M PLUMBING - PALMA VILLAGE43310001104611 5588 600.00 11/14/202402004902 KINCAID INDUSTRIES INCW1 R/M PLUMBING - ARTIST COUNCIL43885001104800 5589 450.00 11/14/202402004902 KINCAID INDUSTRIES INCW1 R/M PLUMBING - AQUATIC CTR43311012424549 5579 705.00 11/14/202402004902 KINCAID INDUSTRIES INCW1 R/M PLUMBING - HENDERSON BLDG43698005104195 5590 450.00 11/14/202402004903 KNORR SYSTEMS INCW1 R/M EXTRAS - PDAC PUMPS43311012424549 252123 487.50 11/14/202402004904 LAWRENCE, AMYW1 LEAD PRDM AMYL 10/4 - 10/12/2443121011104154 LEAD REIMB PRDM 680.00 11/14/202402004904 LAWRENCE, AMYW1 LEAD LDG AMYL 10/4 & 10/11/2443121011104154 LEAD REIMB LODG 888.11 11/14/202402004904 LAWRENCE, AMYW1 LEAD Uber AMY L 10/443121011104154 LEAD REIMB UBER 78.00 11/14/202402004904 LAWRENCE, AMYW1 LEAD Luggage AMY L 10/4-10/1243121011104154 LEAD REIMB LUGG 80.00 11/14/202402004904 LAWRENCE, AMYW1 LEAD Mile AMY L 10/4-10/12/2443121011104154 LEAD REIMB MILE 15.01 11/14/202402004905 LOCK SHOP INC.W1 R/M LOCKS - 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Granik 8/2943056001104154 JGRANIK LS 8.29 62.00 11/21/202402004968 HAMMER PLUMBING AND PUMPINGW1 CAHUILLA RESTROOM PUMP SRV43310001104611 33737-1 395.00 11/21/202402004969 HEALTH NET LIFEW1 EMS (7/30/23) RUN (23-471457)34124002300000 2023111383 113.25 11/21/202402004970 HEALTH NET LIFEW1 EMS (8/5/23) RUN (23-491182)34124002300000 20231114557 117.32 11/21/202402004971 ICMAW1 2025 ICMA MBR RNWL-CHRIS G43630001104300 ICMA5490006-CG 200.00 11/21/202402004972 IMPERIAL IRRIGATION DISTRICTW1 HOSE BIB - CIVIC CENTER DOG PK42190001104610 0018347398-001 86.64 11/21/202402004973 IMPERIAL SPRINKLERW1 FERTILIZER - FREEDOM PARK43320011104611 0018197727-002 1,858.32 11/21/202402004973 IMPERIAL SPRINKLERW1 SOLAR CLOCK - MEDIANS43370011104614 0018093101-002 511.10 11/21/202402004973 IMPERIAL SPRINKLERW1 IRRIGATION CONTROLLERS43370011104614 0017972785-002 1,686.17 11/21/202402004973 IMPERIAL SPRINKLERW1 IRRIGATION SUPPLIES - MEDIANS43370011104614 0018093101-001 593.91 11/21/202402004973 IMPERIAL SPRINKLERW1 IRRIG SUPPLIES - DOG PK IMPROV43320011104610 0018199891-001 46.77 11/21/202402004973 IMPERIAL SPRINKLERW1 IRRIGATION SUPPLIES - IRONWOOD43320011104611 0018124452-001 703.62 11/21/202402004974 IRRIGATION ASSOCIATIONW1 2025 IRRG ASSOC MBR - RC43630001104300 42618MR-2025 215.00 11/21/202402004974 IRRIGATION ASSOCIATIONW1 2025 CERT RENEWAL - RC43630001104300 42618CR-2025 75.00 11/21/202402004975 JON'S FLAGS & POLES INCW1 FLAGS - CITY HALL42190001104340 F90366 1,325.12 11/21/202402004976 KINCAID INDUSTRIES INCW1 R/M PLUMBING - FS #7143310002304220 5566 3,704.55 11/21/202402004976 KINCAID INDUSTRIES INCW1 R/M PLUMBING - FS #3343310002304220 5561 9,520.92 11/21/202402004976 KINCAID INDUSTRIES INCW1 R/M PLUMBING - FS #7143310002304220 5560 829.63 11/21/202402004976 KINCAID INDUSTRIES INCW1 R/M PLUMBING - FS #3343310002304220 5574 2,571.62 11/21/202402004977 KULVETE, DAVIDW1 Live Scan Reimb D Kulvete 11/743056001104154 D KULVETE LS 59.00 11/21/202402004978 LOCK SHOP INC.W1 KEYS - CITY HALL42190001104340 AA10066848 9.54 11/21/2024Report Date 5Page City and Housing Docusign Envelope ID: E0DDEAD5-E6A1-4155-91B0-7DA32A006610 87 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 11/21/2024 - 11/21/2024 City of Palm Desert Account Number 11/21/202402004978 LOCK SHOP INC.W1 KEYS - PCC42190001104344 BB10561079 7.76 11/21/202402004978 LOCK SHOP INC.W1 KEY - CC PARK42190001104610 BB10561086 3.18 11/21/202402004979 LOWE'S HOME CENTERS INC.W1 SUPPLIES - CITY HALL42190001104340 995785-102524 3.45 11/21/202402004979 LOWE'S HOME CENTERS INC.W1 SMALL TOOLS - CITY HALL42190001104340 993583-101424 40.86 11/21/202402004979 LOWE'S HOME CENTERS INC.W1 LANDSCAPE SUPPLIES - FREEDOM42190001104611 989951-100124 184.06 11/21/202402004979 LOWE'S HOME CENTERS INC.W1 COMM GARDENS SUPPLIES43910001104611 995271-101524 38.85 11/21/202402004979 LOWE'S HOME CENTERS INC.W1 BUILDING SUPPLIES - CITY HALL42190001104340 200375000000CM -24.65 11/21/202402004979 LOWE'S HOME CENTERS INC.W1 IRRIG SUPPLIES - COMM GARDENS43910001104611 9983331-102124 81.74 11/21/202402004980 MMASCW1 2025 MMASC RENEWAL - BE43630001104300 11184 125.00 11/21/202402004981 MOLLER'S GARDEN CENTERW1 PLANT MATERIAL - FREEDOM PK43320011104611 594182 350.64 11/21/202402004981 MOLLER'S GARDEN CENTERW1 CREDIT - FREEDOM PK43320011104611 594184 -350.64 11/21/202402004981 MOLLER'S GARDEN CENTERW1 PLANT MATERIAL - CC PARK43320011104610 599744 130.87 11/21/202402004982 MORALES, TRISTANW1 Lve Scn Reimb T. 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Ryan W/E 6/21/2443003001104300 16085 1,401.20 11/21/202402004995 RISING REALTY PARTNERS LPW1 Mgmt Fee 7/31-9/30 + Sal Reimb43092005104195 PALM100124 19,885.50 11/21/202402004996 SITEONE LANDSCAPE SUPPLY LLCW1 MULCH43370011104614 147021428-001 163.11 11/21/202402004997 SKYLINE SAFETY AND SUPPLYW1 JANITORIAL SUPPLIES - FREEDOM42190001104611 8761 95.68 11/21/202402004998 SOUTHERN CALIFORNIA ASSOC.W1 Silver Spons 3k, May 1-2, 202543121001104430 25-GA-03 3,000.00 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 73510 FW PARKS43514001104611 700530811124OC24 672.83 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 72567 Highway 111 Artist Ctr43885001104800 700773993861OC24 3,230.52 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 72559 Hwy 111 Unit A43698005104195 700044643888OC24 1,483.30 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 PD Srv Area 19 LS-1-E43514001104250 700400365524OC24 2,909.25 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (14) SHEPHERD N/O CHINOOK43514001104250 700413950271OC24 14.48 11/21/2024Report Date 7Page City and Housing Docusign Envelope ID: E0DDEAD5-E6A1-4155-91B0-7DA32A006610 89 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 11/21/2024 - 11/21/2024 City of Palm Desert Account Number 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (16) A STREET S/O 42ND43514001104250 700413950271OC24 27.87 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (21) DAISY/SHEPARD43514001104250 700413950271OC24 13.94 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (28) ALPINE / SHEPHERD43514001104250 700413950271OC24 13.94 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (29) (Shepard Lane / Scholar L43514001104250 700413950271OC24 27.87 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (32) (JERI LANE)43514001104250 700413950271OC24 14.48 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (33) SHEPARD /PORTOLA43514001104250 700413950271OC24 14.48 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (34) PETUNIA ll (Windflower/Sh43514001104250 700413950271OC24 13.94 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (35) COLLEGE VIEW lll (Acad/Sh43514001104250 700413950271OC24 13.94 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 Traffic lamps LS-243514001104250 700524045271AU24 340.02 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 Traffic lamps LS-243514001104250 700524045271OC24 337.26 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 Street lites LS-343514001104250 600001510277OC24 4,687.91 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 42991 1/2 San Pablo43514001104250 700653799848OC24 52.20 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 73510 FW City Hall43514001104340 700116008610OC24 14,194.28 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 45480 Portola CC43514001104344 700418878578OC24 1,974.23 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 73710 FW Pumpstation43514001104610 700169234934OC24 6,513.34 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 35981 1/2 - 7600 1/2 COLLEGE43514001104611 700871754303OC24 3.03 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 43980 1/2 San Pablo Rd43514001104614 700339281893OC24 7,301.53 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 Street Power PEDESTALS43514001104614 700019019320OC24 829.64 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 43556 1/2 San Pablo43514001104614 700654070741OC24 52.89 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 73751 Magnesia Falls Dr POOL43514002424549 700019219986OC24 9,849.55 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (6) PARKVIEW ESTATES43514002724374 700413950271OC24 440.63 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (7) DESERT MIRAGE/COOK43514002734680 700413950271OC24 70.43 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (8) SANDCASTLES43514002734681 700413950271OC24 160.23 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (12) HOVLEY/HEMMINGWAY43514002734682 700413950271OC24 19.04 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (25) DIAMONDBACK43514002754643 700413950271OC24 13.94 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (1) MONTEREY / MEAD. ASSMT43514002754680 700413950271OC24 69.87 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (3) SONATA-HOVLEY43514002754683 700413950271OC24 13.94 11/21/2024Report Date 8Page City and Housing Docusign Envelope ID: E0DDEAD5-E6A1-4155-91B0-7DA32A006610 90 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 11/21/2024 - 11/21/2024 City of Palm Desert Account Number 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (4) HOVLEY-POSADA-FONDA43514002754684 700413950271OC24 28.97 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (10) HOVLEY COLLECTION43514002754685 700413950271OC24 28.97 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (13) AVE ARCADIA/HOVLEY43514002754686 700413950271OC24 13.94 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (17) AVE. ROSARIO/HOVLEY43514002754687 700413950271OC24 13.94 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (22) HOVLEY LN/SANDPIPER43514002754694 700413950271OC24 13.93 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (23) HOVLEY LN/SANDPIPER W43514002754695 700413950271OC24 13.94 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (24) 40764 HOVLEY CT43514002754696 700413950271OC24 13.94 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (18) PALM CT/HOVLEY LN43514002754697 700413950271OC24 13.94 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (2) HAYSTACK LIGHTING DIST.43514002764374 700413950271OC24 32.05 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (5) VINEYARDS43514002784374 700413950271OC24 115.33 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (9) GROVE (Silver / Royal)43514002814374 700413950271OC24 340.56 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (19) FRANK SINATRA W/O PORTOLA43514002854374 700413950271OC24 28.97 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (20) COLLEGE VIEW/SHEPPARD43514002874374 700413950271OC24 27.87 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (30) SUNDANCE W (Kokopelli / S43514002874681 700413950271OC24 13.94 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (26) PETUNIA I (Petunia / Shep43514002874682 700413950271OC24 13.94 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (27) PETUNIA I (W Petunia/Shep43514002874682 700413950271OC24 13.94 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (31) SUNDANCE E (Chinook / She43514002874683 700413950271OC24 14.48 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (11) PDCC (76520 California)43514002994374 700413950271OC24 3,113.88 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (15) MICHIGAN / CA43514002994374 700413950271OC24 101.60 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 73710 FW Dr Ste 11643514005104195 700339417188OC24 58.71 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 73720 FW STE 100A43514005104195 700066496069OC24 2,019.74 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 73710 FW STE20043514005104195 700835292306OC24 1,364.30 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 73710 FW STE20443696015104195 700905148268OC24 196.66 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 TRAFFIC SIGNALS TC-143514001104250 600001002544OC24 17,752.54 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 73510 FW PARKS AL-243514001104611 700383536327NV24 4,570.64 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 73296 Alessandro WW43514001104614 700646851517OC24 78.27 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 74705 42nd PED43514001104330 700117253442OC24 1,938.16 11/21/2024Report Date 9Page City and Housing Docusign Envelope ID: E0DDEAD5-E6A1-4155-91B0-7DA32A006610 91 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 11/21/2024 - 11/21/2024 City of Palm Desert Account Number 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 CC Park - San Pablo43514001104610 700167703344NV24 4,299.06 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (1) 73710 / 73720 FW STE43514005104195 700485107855OC24 5,071.72 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (2) 73710 FW Dr DR2 / HM143696015104195 700485107855OC24 246.45 11/21/202402004999 SOUTHERN CALIFORNIA EDISONW1 (3) 73720 FW Dr HM43696025104195 700485107855OC24 435.23 11/21/202402005000 STERLING ADMINISTRATIONW1 OCT24 Admin Fees43090001104154 821322 181.50 11/21/202402005001 SUPERIOR READY MIX CONCRETEW1 R/M CONCRETE - 74691 KING FISH43320001104310 456174 469.80 11/21/202402005001 SUPERIOR READY MIX CONCRETEW1 R/M CONCRETE - 73760 KRUG43320001104310 456808 536.60 11/21/202402005002 TAG/AMS INC.W1 Random Drug Tests 10.202443056001104154 1257 475.00 11/21/202402005003 TOTAL CARE WORK INJURY CLINICW1 DOT Driver Physical43056001104154 00095751-00 110.00 11/21/202402005004 VALLEY TRACTOR AND FORKLIFTW1 R/M FLEET #251 CITY OWNED43340001104331 5120 312.67 11/21/202402005005 VASQUEZ, AILEENW1 Employee App Supplies 10.23.2442190001104154 AVASQUEZ 11.14 56.64 11/21/202402005005 VASQUEZ, AILEENW1 Emp Appr Supplies 10.22.2442190001104154 AVASQUEZ 11.14 36.37 11/21/202402005005 VASQUEZ, AILEENW1 Employee Apprec F&B 11.14.2443095011104154 AVASQUEZ 11.14 114.31 11/21/202402005005 VASQUEZ, AILEENW1 Employee Apprec F&B 11.14.2443095011104154 AVASQUEZ 11.14 33.00 11/21/202402005005 VASQUEZ, AILEENW1 Employee Appr F&B 10.23.2443095011104154 AVASQUEZ 11.14 60.95 11/21/202402005006 VISIT GREATER PALM SPRINGSW1 GPSTIBD Remittance July-Sept2422865006100000 1ST QTR - C41730 12,897.86 11/21/202402005006 VISIT GREATER PALM SPRINGSW1 5% Admin Fee22865006100000 1ST QTR - C41730 -644.89 11/21/202402005007 WAXIEW1 JANITORIAL SUPPLIES - PCC42190001104344 82796797 77.01 11/21/202402005007 WAXIEW1 JANITORIAL SUPPLIES - FS#3343042012304220 82796783 58.04 11/21/202402005008 WILLDAN ENGINEERINGW1 Plan Review & Insp - SEP 2443010001104420 002-33214 15,925.85 11/21/202402005009 WINDOW FILM DEPOT INCW1 BUILDING MATERIALS - CITY HALL43310001104340 IN062133 1,500.00 11/21/202402005010 XPRESS GRAPHICSW1 PalmDesert_HikingMap_Refresh2043610001104417 24-66194 1,703.58 11/21/202402005010 XPRESS GRAPHICSW1 OUTAGE NOTICES - IRONWOOD43610001104134 24-65947 314.41 11/21/202402005010 XPRESS GRAPHICSW1 CDBG CONST SIGN - PALMA44001002204649 24-65775 72.34 11/21/2024Report Date 10Page City and Housing Docusign Envelope ID: E0DDEAD5-E6A1-4155-91B0-7DA32A006610 92 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 11/21/2024 - 11/21/2024 City of Palm Desert Account Number Examined and Approved Total For Bank ID - 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Morrissey43060011104211 159473 14.01 11/26/202402005053 POWERSTRIDE BATTERY COMPANYW1 R/M GOLF CART #275 CITY OWNED43340001104331 P701604 3,838.51 11/26/202402005054 PVP COMMUNICATIONS INC.W1 COMMTN GEAR RSO 9/25-10/24/2443340001104210 135055 1,505.07 11/26/202402005055 Quality Office Furnishings IncW1 CUBICLE ADDTNS INSPECTORVILLE44001004504161 13181_2615-CPD 8,240.07 11/26/202402005056 QUINTANILLA, KARINAW1 Quintanilla Mileage 10.202443115001104111 QUINT MILE 10.24 36.72 11/26/202402005057 RETAIL COACH LLCW1 Retail Mkt Analysis - Instl 1243090001104430 5501 4,583.37 11/26/202402005058 RIVERSIDE COUNTY SHERIFF-PSECW1 COP RADIO OPERATIONS SVC 10/2443042001104210 PE0000002187 126.99 11/26/202402005058 RIVERSIDE COUNTY SHERIFF-PSECW1 Radio Operations COPS 10/2443060011104211 PE0000002186 736.56 11/26/202402005059 ROWE , MICHAELW1 Reimburse for FSA-health21616001100000 2401230REIMB 62.50 11/26/202402005060 SAFECHECKSW1 Business Checks - 10 boxes43610001104150 0546192 1,252.81 11/26/202402005061 SERVPROW1 TO0011240- City Hall- SFA0000344001004504161 5275833 31,328.00 11/26/202402005062 SO CAL GASW1 73751 Magnesia Falls - POOL43512002424549 13149517933-NV24 6,367.85 11/26/202402005063 SONSRAY MACHINERY LLCW1 BALANCE DUE TO ROUNDING44030005304310 ESA002901 0.01 11/26/202402005063 SONSRAY MACHINERY LLCW1 ONE (1) CASE 570N SKIP LOADER44030005304310 ESA002901 112,197.99 11/26/202402005064 TARGET CORPORATIONW1 2024 Shop with a Cop Event43042001104210 SHOP W/A COP 2,415.00 11/26/202402005065 ULINE INCW1 Library cleaning supplies42110002524662 184739860 188.56 11/26/202402005066 UNIFIRST CORPORATIONW1 INDUSTRIAL UNIFORM RENTAL42140001104310 2200190763 157.21 11/26/202402005066 UNIFIRST CORPORATIONW1 INDUSTRIAL UNIFORM RENTAL42140001104310 2200193107 154.91 11/26/202402005067 UNITED STATES TREASURYW1 Dec 31, 2023 tax balance21601001100000 CP128 21.44 11/26/202402005068 WATERLINE TECHNOLOGIES INCW1 CHEMICALS - AQUATIC CENTER42111002424549 5715915 856.61 11/26/202402005069 WESTERN STATE BUILDERS INCW1 RTN-PALMA VILLAGE PARK IMP20600004000000 1R-RTNT -1,526.60 11/26/202402005069 WESTERN STATE BUILDERS INCW1 PALMA VILLAGE PARK IMPROV44001004004618 1R 30,531.92 11/26/202402005070 XEROX FINANCIAL SERVICESW1 3TX403772 10/30-11/29 Lease43420001104190 6437357 191.98 11/26/202402005070 XEROX FINANCIAL SERVICESW1 10/29-11/28 Copier Lease43420001104190 6437356 2,851.42 11/26/2024Report Date 6Page City and Housing Docusign Envelope ID: 6684DE3A-FE5A-4217-B97E-DBD3B32FF7F6 102 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 11/26/2024 - 11/26/2024 City of Palm Desert Account Number 11/26/202402005071 XPRESS GRAPHICSW1 Library bookmarks and flyers43610002524662 24-66384 1,540.84 11/26/202402005071 XPRESS GRAPHICSW1 Bookmarks43610002524662 24-66293 66.70 11/26/202402005071 XPRESS GRAPHICSW1 Library print materials43610002524662 24-66346 1,052.48 11/26/202402005071 XPRESS GRAPHICSW1 Library card sign43610002524662 24-66376 219.36 Examined and Approved Total For Bank ID - W1 2,413,963.26City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 11/26/2024Report Date 7Page City and Housing Docusign Envelope ID: 6684DE3A-FE5A-4217-B97E-DBD3B32FF7F6 103 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 11/26/2024 - 11/26/2024 City of Palm Desert Account Number 11/26/202400002550 IS PALM DESERT LPW3 August 2024 Sewer Rent Payment43740007034121 AUG2024 11,639.40 11/26/202400002550 IS PALM DESERT LPW3 November 2024 Sewer Rent Pymt43740007034121 NOV2024 11,639.40 11/26/202400002550 IS PALM DESERT LPW3 June 2024 Sewer Rent Payment43740007034121 JUNE2024 11,639.40 11/26/202400002550 IS PALM DESERT LPW3 July 2024 Sewer Rent Payment43740007034121 JULY2024 11,639.40 11/26/202400002550 IS PALM DESERT LPW3 September 2024 Sewer Rent Pmt43740007034121 SEPT2024 11,639.40 11/26/202400002550 IS PALM DESERT LPW3 October 2024 Sewer Rent Pmt43740007034121 OCT2024 11,639.40 Examined and Approved Total For Bank ID - W3 69,836.40City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 11/26/2024Report Date 8Page SUCCESSOR AGENCY Docusign Envelope ID: 6684DE3A-FE5A-4217-B97E-DBD3B32FF7F6 104 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 12, 2024 PREPARED BY: Michelle Nance, Deputy Clerk II SUBJECT: ADOPTION OF ORDINANCE NO. 1420 UPDATING SECTIONS OF TITLE 27 GRADING AND MAKING A FINDING OF EXEMPTION UNDER CEQA. RECOMMENDATION: Adopt Ordinance No. 1420 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA UPDATING SECTIONS OF TITLE 27 GRADING AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” BACKGROUND/ANALYSIS: On October 24, 2024, the City Council unanimously introduce d Ordinance No. 1420 for first reading. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30 days from adoption. FINANCIAL IMPACT: There is no direct financial impact with this action. ATTACHMENTS: Ordinance No. 1420 105 106 ORDINANCE NO. 1420 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA UPDATING SECTIONS OF TITLE 27 GRADING AND MAKING A FINDING OF EXEMPTION UNDER CEQA. THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Amendment to Municipal Code. The City Council hereby adopts the updated sections of the Palm Desert Municipal Code Title 27 Grading, attached hereto as Attachment “A.” SECTION 2. CEQA Exemption. The City Council finds and determines 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, physical alterations, or increases in development density. It refines regulatory compliance and oversight rather than promoting physical development. Importantly, no specific grading projects are approved under this ordinance; any such project would require a separate environmental review in compliance with CEQA. Thus, the ordinance is procedural in nature, reinforcing environmental protection and ensuring it bears no potential for significant environmental impact, supporting its qualification for the CEQA “common sense” exemption. SECTION 3. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Cit y 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 a summary of this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. 107 Ordinance No. 1420 Page 2 ADOPTED ON ___________________, 2024. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. 1420 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on October 24, 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 108 Ordinance No. 1420 Page 3 ATTACHMENT “A” GRADING ORDINANCE AMENDMENT SECTION 1. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 27.08.015 Abut is hereby added as follows: 27.08.015 Abut “Abut” means two, or greater, adjoining parcels of property with a common property line. Properties separated by a public street right-of-way will not generally be considered adjoining. SECTION 2. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 27.08.027 Building Pad is hereby added as follows: 27.08.027 Building Pad “Building pad” means the level padded yard area created through grading for a building site and other ancillary uses. Areas with slopes of five to one or flatter are considered level padded yard areas. Driveways providing access to the building pad are not included as part of the total permitted level pad area. SECTION 3. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 27.08.130 Grade is hereby repealed and replaced as follows: 27.08.130 Grade “Grade” means the vertical location of the ground surface. SECTION 4. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 27.08.132 Grade, Existing is hereby added as follows: 27.08.132 Grade, Existing “Grade, Existing” or “Existing Grade” means the ground surface prior to grading. SECTION 5. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 27.08.134 Grade, Finished is hereby added as follows: 27.08.134 Grade, Finished “Grade, Finished” or “Finished Grade” means the final grade of the site which conforms to the approved plan. SECTION 6. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 27.08.136 Grade, Natural is hereby added as follows: 109 Ordinance No. 1420 Page 4 27.08.136 Grade, Natural “Grade, natural” or "Natural grade" means the ground surface unaltered by artificial means. SECTION 7. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 27.12.048 Finished Grade Transition Standard is hereby added as follows: 27.12.048 Finished Grade Transition Standard A. Intent. The intent of this section is to establish design standards for sensitive transition of finished grade for new development which abuts existing resident ial development. B. Finished grade height restriction. Where a proposed development proposes to establish a finished grade which exceeds the elevation of the natural or existing grade of a site which abuts a residential development that is occupied at the time of application submittal, the maximum finished grade within one -hundred horizontal feet of the common property shall not exceed five -feet as established by a vertical measurement from the approved finished grade at the common property line with the abutting residential development, except in the following instances: 1. Master Planned Communities. The existing residential development and proposed development were approved by the City at the same time in a master plan, precise plan, specific plan, tentative map, or other phased land use approval. 2. Environmental and Hazard Mitigation. A higher finished grade elevation is necessary to in order to mitigate anticipated adverse environmental effects, and/or hazards to public health and safety, which cannot otherwise be mitigated by other means upon justification provided by the project applicant. An applicant shall take all necessary measures to minimize the finished grade and enhance the design of the transition area. 3. Site Topography. Due to the presence of significant topography on a site including, but not limited to hillside slopes in excess of 10%, thereby making a lower finished pad elevation is not feasible. SECTION 8. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 27.28.155 Stockpiling and mining is hereby repealed and replaced as follows: 27.28.155 Stockpiling. 110 Ordinance No. 1420 Page 5 A. Stockpiling of appropriate fill material will be allowed for a period no longer than six months with a six-month extension for a maximum of twelve months under the following conditions: 1. The applicant shall have an approved grading plan; 2. The applicant shall enter into an agreement with the City, upon forms approved by the City Attorney, and the applicant shall provide securities for potential site restoration in an amount to be determined by the City Engineer; 3. Should the city have a construction project which necessitates stockpiling, the stockpiled material shall be removed upon completion of the project. 4. All material stockpiled shall be maintained in such a manner as to not cause a public nuisance. The applicant shall agree to take any corrective action necessary to eliminate the public nuisance. In the event any required corrective action is not accomplished by the applicant, the city will use its forces or a contractor to accomplish the remedial action. The cost of such remedial action, including attorney’s fees and costs, shall be the responsibility of the property owner. B. Permits for stockpiling will be in the form of a standard city grading permit. 111 112 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 12, 2024 PREPARED BY: Michelle Nance, Deputy Clerk II SUBJECT: ADOPTION OF ORDINANCE NO. 1421 UPDATING CHAPTER 5.11 DISCLOSURE UPON TRANSFER OF RESIDENTIAL PROPERTY AND MAKING A FINDING OF EXEMPTION UNDER CEQA RECOMMENDATION: Adopt Ordinance No. 1421 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA UPDATING CHAPTER 5.11 DISCLOSURE UPON TRANSFER OF RESIDENTIAL PROPERTY AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” BACKGROUND/ANALYSIS: On October 24, 2024, the City Council unanimously introduced Ordinance No. 14 21 for first reading. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30 days from adoption. FINANCIAL IMPACT: There is no direct financial impact with this action. ATTACHMENTS: Ordinance No. 1421 113 114 ORDINANCE NO. 1421 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA UPDATING CHAPTER 5.11 DISCLOSURE UPON TRANSFER OF RESIDENTIAL PROPERTY AND MAKING A FINDING OF EXEMPTION UNDER CEQA. City Attorney’s Summary The purpose of this ordinance is to amend Palm Desert Municipal Code Chapter 5.11 Disclosure Upon Transfer of Residential Propertius to include an additional disclosure statement notifying buyers of the City’s short-term rental regulations. THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Amendment to Municipal Code. The City Council hereby adopts the updated Palm Desert Municipal Code Chapter 5.11 Disclosure Upon Transfer of Residential Propertius, attached hereto as Attachment “A.” SECTION 2. CEQA Exemption. The City Council finds that the updated short-term rental ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), known as the “common sense” exemption. This determination is based on the clear assessment that there is no possibility the ordinance may have a significant effect on the environment. The ordinance provides an additional residential disclosure without expanding land use or initiating new developments, thereby maintaining existing environmental baselines and prevents abrupt changes in land use intensity. The ordinance reaffirms current use regulations and does not alter existing physical environmental conditions or promote increased development, thus qualifying for the CEQA “common sense” exemption as it bears no potential for significant environmental impact. SECTION 3. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The 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. 115 Ordinance No. 1421 Page 2 ADOPTED ON ___________________, 2024. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. 1421 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on October 24, 2024, and adopted at a regular meeting of the City Council held on __________, 2024, by th e 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 116 Ordinance No. 1421 Page 3 ATTACHMENT “A” CHAPTER 5.11 DISCLOSURES UPON TRANSFER OF RESIDENTIAL PROPERTY § 5.11.010. Statement required. A. Pursuant to Civil Code Section 1102.6a, in addition to those disclosures required by Civil Code Section 1102.6, the seller of any single-family residential property located within the city shall deliver to the prospective buyer a real estate transfer disclosure statement containing the following statement: "Know Your Neighborhood: The City of Palm Desert maintains a website that provides important information on potential development throughout the City. The City recommends that you visit the website as part of your consideration in buying a home in the City. The website can be accessed at https://www.cityofpalmdesert.org/departments/planning. Alternatively, you can call the City's Development Services Department at (760) 346-0611, ext. 483." B. The real estate transfer disclosure statement required by this chapter shall be delivered at the same time as those disclosures required by Civil Code Section 1102.6 or as soon as practicable thereafter. C. For purposes of this section: 1. "City" means the city of Palm Desert, California. 2. "Single-family residential property" means either of the following: (a) real property improved with one to four dwelling units, including any leasehold exceeding one year's duration of such; (b) a unit in a residential stock cooperative, condominium, or planned unit development; or (c) a mobile home or manufactured home when offered for sale or sold through a real estate broker pursuant to Business and Professions Code Section 10131.6. 3. "Seller" means a transferor in a real property transaction, and includes an owner who lists real property with a licensee, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from a licensee on behalf of another. "Seller" includes both a vendor and lessor of real property. 4. "Buyer" means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through a licensee, whether or not a transfer results, or who seeks the services of a licensee in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. "Buyer" includes a purchaser, vendee, or lessee of real property. § 5.11.020. Form of statement. The real estate transfer disclosure statement required by this chapter shall be in the following form in accordance with Civil Code Section 1102.6a: 117 Ordinance No. 1421 Page 4 LOCAL OPTION REAL ESTATE TRANSFER DISCLOSURE STATEMENT THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS . THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE-DESCRIBED PROPERTY IN COMPLIANCE WITH ORDINANCE NO. OF THE PALM DESERT CITY CODE AS OF , 20 . IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR REAL ESTATE LICENSEE(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN. I SELLER'S INFORMATION The Seller discloses the following information with the knowledge that even though this is not a warranty, prospective Buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any real estate licensee(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER(S) AS REQUIRED BY THE CITY OF PALM DESERT, AND ARE NOT THE REPRESENTATIONS OF THE REAL ESTATE LICENSEE(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER. 1. Know Your Neighborhood: The City of Palm Desert maintains a website that provides important information on potential development throughout the City. The City recommends that you visit the website as part of your consideration in buying a home in the City. The website can be accessed at https://www.cityofpalmdesert.org/departments/planning. 2. Buyer is advised that the property is subject to the City of Palm Desert’s short term rental regulations contained in Chapter 5.04 of the Palm Desert Municipal Code, and is advised to review the City of Palm Desert’s website regarding short term rentals. The website can be accessed at https://www.palmdesert.gov/our-city/departments/planning/short-term-rentals. Alternatively, you can call the City's Development Services Department at (760) 346-0611, ext. 483. Seller certifies that the information herein is true and correct to the best of the Seller's knowledge as of the date signed by the Seller. Seller Date Seller Date II 118 Ordinance No. 1421 Page 5 BUYER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN BUYER AND SELLER(S) WITH RESPECT TO ANY ADVICE/ INSPECTIONS/DEFECTS. I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT. Buyer Date Buyer Date A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY." 119 120 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 12, 2024 PREPARED BY: Michelle Nance, Deputy Clerk II SUBJECT: ADOPTION OF ORDINANCE NO. 1422 UPDATING CHAPTER 12.04 - ENCROACHMENTS AND MAKING A FINDING OF EXEMPTION UNDER CEQA RECOMMENDATION: Adopt Ordinance No. 1422 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA UPDATING CHAPTER 12.04 - ENCROACHMENTS AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” BACKGROUND/ANALYSIS: On November 14, 2024, the City Council unanimously introduced Ordinance No. 14 22 for first reading. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30 days from adoption. FINANCIAL IMPACT: There is no direct financial impact with this action. ATTACHMENTS: Ordinance No. 1422 121 122 ORDINANCE NO. 1422 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 significant environmental impact, supporting its qualification for the CEQA “common sense” exemption. SECTION 3. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such deci sion 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 ATTEST: ANTHONY J. MEJIA CITY CLERK 123 Ordinance No. 1422 Page 2 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. 1422 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on November 14, 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 124 Ordinance No. 1422 Page 3 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 125 126 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 12, 2024 PREPARED BY: Michelle Nance, Deputy Clerk II SUBJECT: ADOPTION OF ORDINANCE NO. 1423 AMENDING SECTION 25.34.030 OF THE CITY OF PALM DESERT MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA RECOMMENDATION: Adopt Ordinance No. 1423 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT AMENDING SECTION 25.34.030 OF THE CITY OF PALM DESERT MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE § 21080.17.” BACKGROUND/ANALYSIS: On November 14, 2024, the City Council unanimously introduced Ordinance No. 14 23 for first reading. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30 days from adoption. FINANCIAL IMPACT: There is no direct financial impact with this action. ATTACHMENTS: Ordinance No. 1423 127 128 93939.00059\42726913.2 ORDINANCE NO. 1423 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. 129 Ordinance No. 1423 Page 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. 130 Ordinance No. 1423 Page 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. 1423 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on November 14, 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 131 Ordinance No. 1423 Page 4 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. 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. 132 Ordinance No. 1423 Page 5 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. 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: 133 Ordinance No. 1423 Page 6 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 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. 134 Ordinance No. 1423 Page 7 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 o r 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 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. 135 Ordinance No. 1423 Page 8 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. 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). 136 Ordinance No. 1423 Page 9 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 res ide 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 subsection (E)(7)(b) does not apply if the property is entirely owned by another governmen tal 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 JA DU 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. 137 Ordinance No. 1423 Page 10 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. 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. 138 Ordinance No. 1423 Page 11 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. 8. Architectural Requirements. 139 Ordinance No. 1423 Page 12 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. 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. 140 Ordinance No. 1423 Page 13 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 Violation s, 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. 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). 141 Ordinance No. 1423 Page 14 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 Cod e 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. 142 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 12, 2024 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: APPOINTMENTS TO AN AD HOC CITY COUNCIL SUBCOMMITTEE ON THE HILLSIDE DEVELOPMENT ORDINANCE RECOMMENDATION: Appoint Mayor Pro Tem Harnik and Councilmember Pradetto to an Ad Hoc Subcommittee to review the Hillside Development Ordinance. BACKGROUND/ANALYSIS: The Hillside Development Ordinance establishes regulations and standards for the development of properties in hillside areas, balancing environmental preservation, public safety, and responsible growth. As the City continues to experience growth and addresses evolving concerns regarding hillside development—such as erosion control, fire safety, and aesthetic impacts—a review of the ordinance is timely and necessary. Staff recommends the formation of an Ad Hoc Subcommittee to provide focused oversight and policy input on proposed updates to the ordinanc e. This subcommittee will: Review existing policies within the Hillside Development Ordinance. Evaluate staff recommendations and community feedback. Propose updates that align with the City’s General Plan and sustainability goals. In consultation with incoming Mayor Harnik, she has nominated Councilmember-elect Pradetto and herself to serve on this subcommittee. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no financial impact associated with this action. 143 144 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 12, 2024 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: APPOINTMENT TO THE COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (CVMSHCP) TRAILS MANAGEMENT SUBCOMMITTEE RECOMMENDATION: Appoint Donna Beane to serve as the City’s representative to the CVMSHCP Trails Management Subcommittee for term ending June 30, 2026. BACKGROUND/ANALYSIS: The Trails Management Subcommittee (the “Subcommittee”) was established in 2008 to provide input on trails-related issues under the CVMSHCP. The Subcommittee makes recommendations to the Coachella Valley Conservation Commission (CVCC), the agency responsible for implementing the CVMSHCP. The Subcommittee includes representatives from local governments, agencies, and trail user groups and assists in planning and managing trails within the CVMSHCP Reserve System. Per the Subcommittee’s guidelines, the City of Palm Desert is allocated one representative, who may be a City staff member or a Palm Desert resident, appointed by the City Council. Meetings are held bi-monthly on the third Wednesday at 1:30 p.m. Donna Beane has submitted an application expressing interest in representing the City on the Subcommittee. Her background includes experience in hiking and trail use, as well as volunteer service in public safety and environmental roles. The City Council Subcommittee on Boards and Commissions, consisting of Councilmember Kelly and Mayor Pro Tem Harnik, reviewed Ms. Beane’s application and recommend her appointment. No other applications have been received for this Subcommittee position at this time. Additionally, City staff members Shawn Muir, Community Services Manage r, or Kevin Swartz, Public Works Project Manager, will accompany the City’s representative to Subcommittee meetings to provide support and coordination on behalf of the City. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no direct fiscal impact associated with this appointment. 145 City of Palm Desert Appointment to the CVMSHCP Trails Management Subcommittee Page 2 of 2 ATTACHMENTS: 1. Trails Management Subcommittee Overview 2. Donna Beane’s Application and Resume 146 Coachella Valley Multiple Species Habitat Conservation Plan Trails Management Subcommittee BACKGROUND: The Trails Management Subcommittee (“Subcommittee”) was established in 2008 to provide input on trails issues related to the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP). The Subcommittee makes recommendations to the Coachella Valley Conservation Commission (CVCC), the agency responsible for implementing the CVMSHCP. Currently, the Trails Management Subcommittee meets every other month on the third Wednesday at 1:30 p.m. at 73-710 Fred Waring Dr # 119, Palm Desert, CA 92260 in Palm Desert. The work of the Subcommittee focuses on implementation of the Trails Plan for the Santa Rosa and San Jacinto Mountains Conservation Area. The Trails Management Subcommittee includes representatives of the cities, tribes, Riverside County, trail user groups, and local public agencies including BLM, California Department of Fish and Wildlife (CDFW), the U.S. Forest Service (USFS), U.S. Fish and Wildlife Service (USFWS), and the Coachella Valley Mountains Conservancy (CVMC). The Trails Management Subcommittee’s duties include the following: 1. Complete an annual review of the effectiveness of the overall trails management program. Annual review will include an assessment of bighorn sheep population trends, recreational trail use data, and other new data. 2. Make recommendations to both the Reserve Management Unit Committee (RMUC) and the Reserve Management Oversight Committee (RMOC) regarding modifications to the trails management program. 3. Make recommendations for decommissioning and removing trails to the RMOC and RMUC. Final approval for trail decommissioning and removal rests with the entity having jurisdiction over the applicable lands. 4. Assist the CVCC, and the land management agencies with providing information and education to trail users about the trails management program. The subcommittee also assists the CVCC and other agencies with trails planning and management in the CVMSHCP Reserve System throughout the Coachella Valley. The membership of the Trails Management Subcommittee is described in Section 6.3 of the CVMSHCP. In 2008, the CVCC added members to the Subcommittee to provide broader representation throughout the Plan area. The members of the Subcommittee are as follows: ➢ One representative each from the cities of Palm Springs, Cathedral City, Rancho Mirage, Palm Desert, Indian Wells, Indio, Coachella, and La Quinta. The city representatives shall be appointed by the respective city councils. ➢ One representative from the Riverside County 5th District, appointed by the Board of Supervisors ➢ One representative each from the Coachella Valley Mountains Conservancy, Riverside County Parks, US Fish and Wildlife Service, California Department of Fish and Wildlife, US Forest Service, Bureau of Land Management (BLM), and the Tram Winter Park Authority. Each of these agencies shall appoint its representative. ➢ The CVCC appoints five individual representatives of trail interest organizations, environmental organizations, and independent researchers. 147 148 Submit Date: Nov 12, 2024 First Name Middle Initial Last Name Email Address Home Address City State Postal Code Primary Phone Alternate Phone Employer Job Title City of Palm Desert Boards, Commissions & Committees Application Profile Registered to vote in the City of Palm Desert since: 2000? Committees and Commissions Which Boards would you like to apply for? Parks and Recreation Committee: Submitted If you are applying for more than one board, please indicate your preferred commission. Trail Management Subcommittee as rep for Palm Desert Are you currently serving on a board, committee or commission? (If yes, please list below) No Applicants are encouraged to attend or view meetings of the advisory body for which they are applying. Please indicate the committee name and meeting dates you attended in person or viewed online. None to date Interests & Experiences Donna L Beane Palm Desert CA 92211 Mobile: Desert Adventures Red Jeep Tours Tour guide trainer; hike leader Donna L Beane 149 Upload a Resume Why are you interested in serving on a board or commission? To further the development of hiking trails in areas of natural or cultural significance in the area with minimal impact to the environment. Education Masters in Health Administration, The George Washington Univ. Bachelor of Science, University of Maryland University College. Experience Desert Adventures Red Jeep Tours 2015-present Business Development/Desert Regional Med Ctr 1998-2014. Executive Director, Roundup Memorial Hospital, 1993-1998. Assistant Administrator, Eisenhower Med Ctr 1986-1993. Registered Dental Hygienist 1968-1986. Volunteer: Riverside Co Desert Sheriff Search & Rescue 2004-2014. San Bernardino National Forest Fire Lookout Tahquitz Peak 2003-2018. Coachella Valley Archaeological Society 2015- 2023 Your personal statement of qualifications. I’ve hiked established trails in and around the Coachella Valley, as well as much of the west, since 1987. Interested in areas of native cultural significance, and in mitigating negative impact to the environment while enjoying nature. Have you ever served on any City committee or commission before? If yes, describe: No Local residents who are qualified to comment on your capabilities (preferably not someone connected with the City of Palm Desert): De Karlen Kimberly Renee Sandra Bender, MD By submitting your application, you understand that: All applications are subject to public disclosure. If selected to serve on a Board, Commission or Committee, all appointees are subject to financial disclosure, including sources of income, property, investments, and gifts. Appointees must also complete a two hour State-mandated ethics training course following their appointment, and every two years thereafter. Board, Commission and Committee members serve without compensation for their services, but may receive reimbursements for necessary travel and other expenses incurred for official duty when such expenditures have been authorized. I Agree Resume_for_City_of_PD_Trails_Subcommittee111124.docx Donna L Beane 150 Donna L. Beane Palm Desert, CA 92211 Experience: 2015 – current: Faultline Adventures, Inc. Naturalist tour guide • Conduct adventure tours on the San Andreas Fault and in Indian Canyons • Interpret plate tectonics, geology of the faultline, local plant & animal life • Describe local (Cahuilla) Native American history and culture • Approximately 1040 hrs/year • Owner/Supervisor Kimberly Renee 2003 – 2018: San Bernardino National Forest (CA) seasonal fire lookout, Tahquitz Peak, el 8,846’ • Record and report weather conditions on historic firetower at beginning of shift as well as any significant changes • Scan area around lookout for smoke observed visually and with binoculars • Use Osbourne firefinder to pinpoint smoke location; record on SBNF forms • Report smoke checks and smoke reports by radio providing azimuth, distance from tower, color & volume of smoke, and nearby landmarks • Observe and record, and follow ground lightening strikes for flare-ups up to 2 weeks • Communicate with nearby fire lookout towers as needed • Greet visitors, promote fire prevention and Leave No Trace philosophy • Approximately 60 hrs/year • Supervisor Joe Bressi, 2004 – 2014: Riverside County Sheriff’s Department Volunteer Search & Rescue • Search a variety of areas (desert, mountain, forest, urban) on foot for lost/missing hikers or other missing persons • Use GPS, map, compass, radio • Assist in multi-agency searches using Incident Command Protocol • Helicopter certified annually • Approximately 400 hrs/year • Supervisor Sharon Ollenburger, 1986 – 2014: Healthcare Administrator • Eisenhower Medical Center, Rancho Mirage, CA • Roundup Memorial Hospital, Roundup, MT • Northeastern Regional Medical Center, Las Vegas, NM 1968 – 1986: Registered Dental Hygienist, Washington, DC 1988 Master’s Degree, The George Washington University, Washington, DC, hospital administration 151 152 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 12, 2024 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: APPOINTMENTS TO AN AD HOC CITY COUNCIL SUBCOMMITTEE ON THE UNIFIED DEVELOPMENT CODE RECOMMENDATION: Appoint Councilmember Pradetto and Mayor Harnik to an Ad Hoc Subcommittee on the Unified Development Code. BACKGROUND/ANALYSIS: On September 12, 2024, the City Council conducted a Study Session regarding the development of a Unified Development Code (UDC). Currently, land development regulations are found within, but not limited to, the following: Title 24 - Environmental and Conservation, Title 25 - Zoning, Title 26 - Subdivisions, Title 27 - Grading, and Title 28 - Flood Damage Prevention. A UDC combines traditional zoning and subdivision ordinances, along with other City regulations—such as grading, design review, and stormwater management—into a single document. The goal of consolidating these regulations is to streamline and coordinate development processes by eliminating inconsistencies and outdated development policies. Staff recommends the City Council appoint two of its members to an Ad Hoc Subcommittee to review public drafts of the various work pro ducts throughout the project. Mayor Harnik has nominated Councilmember Pradetto and herself to serve on this subcommittee. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no financial impact associated with this action. 153 154 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 12, 2024 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: RATIFY ISSUANCE OF A COMMENT LETTER ON DRAFT 2024 CLIMATE ACTION PLAN FOR TRANSPORTATION INFRASTRUCTURE (CAPTI) ACTIONS RECOMMENDATION: Ratify the issuance of the comment letter addressed to the California State Transportation Agency (CalSTA) regarding the Draft 2024 Climate Action Plan for Transportation Infrastructure (CAPTI) Actions. BACKGROUND/ANALYSIS: The Draft 2024 CAPTI Actions were released on November 1, 2024, soliciting public feedback by December 13, 2024. This plan outlines proposed transportation investment strategies intended to meet state climate and equity goals. It includes significant shifts in funding priorities, particularly affecting roadway and highway investments funded through Senate Bill 1 (SB 1). Recognizing the potential regional impacts of these proposals, the City Council Ad Hoc Subcommittee on Legislative Affairs, consisting of Mayor Quintanilla and Mayor Pro Tem Harnik, authorized the immediate issuance of a comment letter on November 26, 2024. This letter emphasizes Palm Desert’s concerns over certain proposals within the draft CAPTI Actions, particularly those deprioritizing highway investments and codifying CAPTI principles into statute without further analysis. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no direct fiscal impact associated with this action. ATTACHMENTS: 1. Comment Letter on Draft 2024 CAPTI Actions, dated November 26, 2024 2. Draft CAPTI Actions & Descriptions 155 156 Public Draft 11/01/2024 Draft 2024 CAPTI Actions & Descriptions The draft actions below were derived through a robust stakeholder process, including listening sessions in Spring 2024, survey feedback, and workshops held in September 2024. All actions are intended to be completable by the end of 2026. Based on stakeholder feedback, actions will be further updated and ultimately included in the final CAPTI 2025 update anticipated to be released in early 2025. Please provide any feedback in writing to CAPTI@calsta.ca.gov by December 13th, 2024. Strategy 1: Transforming the Future of the State Highway System Action Description Agencies* Create a Caltrans Statewide Express Mobility Action Plan that defines the role of roadway pricing and includes equity- based best practices, in consultation with the Roadway Pricing Working Group and the Equity Advisory Committee. This action commits Caltrans to the development and release of the Statewide Express Mobility Plan, in consultation with stakeholder and community partners, the Roadway Pricing Working Group and the Equity Advisory Committee. The Plan will outline the role of roadway pricing and include a clear roadmap for expanding facilities-based pricing mechanisms and mobility wallets across California. Stakeholder workshops will focus on understanding regional transportation needs, potential impacts of roadway pricing on underserved and low-income individuals and communities, and developing inclusive, equity-focused strategies for pricing models. The plan will include actionable steps for the implementation of equitable pricing, addressing applicability, or lack thereof, in both urban and rural contexts. Lead Caltrans Support CTC Implement a comprehensive climate adaptation planning and delivery framework and corresponding performance targets at Caltrans Caltrans is currently seeking funding to develop a prioritization methodology for climate adaptation projects currently identified in Caltrans District plans. If Caltrans is successful in receiving funds, Caltrans will work with regional partners and stakeholders to develop the methodology. Caltrans will continue to support climate adaptation projects through the Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation (PROTECT) funding program. Caltrans will also review existing processes to identify opportunities within the Planning and Environmental Lead Caltrans 157 Public Draft 11/01/2024 Documents phase to standardize project delivery practices related to climate adaptation. Caltrans will strive to meet its climate change adaptation performance objectives to be identified in the upcoming 2024-2028 update to the Caltrans Strategic Management Plan. These objectives include decreasing closures on the State Highway System associated with climate stressors and increasing the return on project investment for projects associated with climate risk. Establish a Central Delivery Team to support planning and investment in zero- emission freight (as recommended by the SB 671 Assessment). This new action commits CalSTA and GO-Biz to establish a Central Delivery Team to support zero-emission (both battery-electric and hydrogen fuel cell electric) freight infrastructure planning and implementation, including carrying out the actions identified in the CTC’s Clean Freight Corridor Efficiency Assessment, where feasible. The Central Delivery Team will function as a cross-agency team including the California Energy Commission, Caltrans, the California State Transportation Agency, the Governor’s Office of Business and Economic Development, California Air Resource Board, California Public Utilities Commission, and the California Transportation Commission. The Central Delivery Team will identify leads from Regional Transportation Planning Agencies, Metropolitan Planning Organizations, ports, utilities, trucking fleets, infrastructure developers, and other stakeholders that are necessary to deliver stations quickly. The central delivery team will build off existing state equity efforts, in coordination with impacted communities, community-based organizations, tribal nations, and equity, public health, and environmental advocates, to develop a process for engaging stakeholders in infrastructure project planning, deployment, and implementation. Lead CalSTA/GO-Biz Support CTC Caltrans CEC CPUC CARB *The support agency is at the discretion of the lead agency to consult or include. 158 Public Draft 11/01/2024 Strategy 2: Reducing GHG Impacts of Transportation Investments Action Description Agencies* Create a statewide VMT mitigation bank or exchange program that facilitates mitigation directly and/or assists regions in creating their own programs to deliver infill housing and other VMT-reducing projects as mitigation at scale. Mitigation banks and exchanges would relieve project teams of having to identify mitigation measures individually and allows for implementation of mitigation in advance of the need. An exchange program would include mitigation measures for implementation and the associated VMT reduction that projects could be employed when needed, while a bank would monetize the VMT reduction allowing projects to purchase mitigation. This new action commits the Governor’s Office of Land Use and Climate Innovation (LCI) to explore the option of creating a statewide exchange or bank and to create guidance and technical assistance that will support local and regional agencies in creating mitigation exchanges and banks at a regional or local level. Lead LCI (formerly OPR) Support* CalSTA Caltrans CARB Improve VMT analysis and mitigation guidance for rural projects to better account for the low VMT impact of many rural projects in consultation with rural stakeholders While California is making progress meeting the goals of VMT reduction from CAPTI investments, much of the significant reductions are tied to mitigation or avoidance of projects in urbanized areas. A one-size-fits all strategy may not be suitable for rural projects. The existing research on induced travel demand and VMT reduction are primarily from studies conducted in urban and metropolitan areas where highway capacity has been added with the goal to relieve congestion. Implementation of these strategies in rural areas require more nuanced guidance given the limited research. This action will commit Caltrans to conducting any necessary additional studies or identifying technical research that can inform guidance for rural projects to better account for projects that are unlikely to induce travel demand, in consultation with regional and local rural stakeholders. Lead Caltrans 159 Public Draft 11/01/2024 Update the Trade Corridor Enhancement Program (TCEP) guidelines to state that goods movement projects that mitigate their passenger VMT impacts are more competitive for funding, The Trade Corridor Enhancement Program (TCEP) statute requires that projects be evaluated across several criteria, including the project’s ability to reduce particulate, and greenhouse gas emissions and community impacts, particularly in disadvantaged communities. Projects that mitigate passenger VMT help reduce emissions of diesel particulates, greenhouse gases, other pollutants, and other negative community impacts. The implementation of this action will commit the CTC to update TCEP program guidelines to emphasize that projects which improve freight mobility and safety while mitigating passenger VMT impacts from their project are more likely to be competitive in the program. Lead CTC Update the Solutions for Congested Corridors Program (SCCP) guidelines to require that all applications state that they are VMT neutral in order to compete in the program, while continuing existing practice in guidelines to prioritize projects that reduce VMT. Projects submitted to the Solutions for Congested Corridors Program are statutorily required to be included in an adopted Comprehensive Multimodal Corridor Plan (CMCP), which is a suite of projects along a major corridor that promotes innovative sustainable transportation solutions. This new action will commit the CTC to update SCCP guidelines to require projects that apply be in a VMT neutral Comprehensive Multimodal Corridor Plans or otherwise demonstrate a VMT neutral application. Lead CTC *The support agency is at the discretion of the lead agency to consult or include. Strategy 3: Delivering Equitable Outcomes Action Description Agencies* Continue strengthening existing Senate Bill 1 (SB1) program guidelines to better account for environmental justice impacts of projects. In 2022, the CTC developed the SB 1 Programs Transportation Equity Supplement to promote more equitable outcomes for transportation projects submitted in the SB 1 competitive programs. Additionally, Community Engagement was added to the SB 1 Programs as an evaluated criterion, as a mechanism to directly integrate the content of the equity supplement into the evaluation process. This new action will commit the CTC to update SB 1 program guidelines, and the SB 1 Lead CTC 160 Public Draft 11/01/2024 Transportation Equity Supplement, to further promote project applicants to engage and partner with environmental justice groups as a means of demonstrating that projects are accounting for particulate pollution, traffic safety risks, displacement, and noise pollution within these communities. Improve technical assistance to Tribal governments by reviewing existing services and programs, consulting with Tribal governments on needs, and revising or expanding existing services or programs through partnerships to address needs. In alignment with the State of California’s commitment to support tribal communities, this action will commit Caltrans to work with the Native American Advisory Committee (NAAC), to establish Tribal workgroups to make recommendations to improve existing processes with the goal of improving Tribal government access to infrastructure funding, services, and programs. The working groups will consist of NAAC members, tribal leaders from across the state and appropriate subject matter experts. Through these workgroups, Caltrans will assist with evaluating existing processes related to tribal contracting, Tribal Employment Rights Ordinance (TERO), and consultation. Lead Caltrans/CTC Create a Caltrans Directors Policy focused on displacement caused by projects on the State Highway System with the intent to avoid future housing takings, particularly in disadvantaged communities. The Anti-displacement memo developed by CalSTA and the interagency Housing & Transportation Workgroup creates recommendations and best practices on how programs funded by CAPTI can incentivize anti-displacement strategies. Building upon this work, a Caltrans Director's policy on displacement would outline and update the process for property takings from Caltrans projects on the state highway system. The intent of this guidance would be to strengthen existing policy to avoid direct displacement caused by housing takings in disadvantaged communities where feasible. In rare circumstances where it might be infeasible for programs to avoid housing displacements in disadvantaged communities due to a project, the policy would outline what steps and actions should be taken by the project to disclose the need for the takings and direct project teams to work with vulnerable groups to minimize the impact. Lead Caltrans *The support agency is at the discretion of the lead agency to consult or include. 161 Public Draft 11/01/2024 Strategy 4: Improving Transparency and Accountability Action Description Agencies* Create a public and searchable database of Caltrans projects under development. This action will commit Caltrans to create a publicly accessible and searchable database of projects under development to increase transparency and accountability for how CAPTI investments are meeting its transportation, climate and equity goals. Creating a public and searchable database of Caltrans projects will foster a more informed and engaged public in local and regional planning and development discussions around project purpose, need, and approach to meeting project objectives. This database will serve as a resource for the public, stakeholders, and local communities to access information about ongoing transportation projects currently under development, such as projects with existing Project Initiation Documents (PIDs), and not yet approved for inclusion into a programming document (unfunded), throughout the state. The database will regularly be updated to reflect the latest information on project status, including milestones, changes, and completion dates, ensuring users have access to current data. Lead Caltrans Codify CAPTI Guiding Principles in statute to ensure continuation of CAPTI in future administrations. CAPTI both provides a set of guiding principles that create a holistic vision for how to prioritize state discretionary transportation dollars, as well as a living action plan that is continually updated to implement the framework. To continue the vision and direction that CAPTI has set forth, CalSTA commits to working within the administration and with the legislature to codify CAPTI’s vision into statute to ensure that the goals set forth through this plan continue to be a focus beyond the term of the Newsom Administration. Lead CalSTA Launch another CAPTI outcomes study to continue evaluation of climate, equity and economic outcomes of CAPTI investments. In 2023, CalSTA, in partnership with Caltrans, contracted with the Mineta Transportation Institute (MTI) at San Jose State University to develop a set of quantitative and qualitative metrics driven by CAPTI goals to determine how state transportation investments are shifting towards climate action (from pre-CAPTI adoption through the SB 1 Cycle Lead CalSTA Support Caltrans 162 Public Draft 11/01/2024 3 award timeframe). This new effort commits CalSTA to continue to study changes from transportation investments on VMT and GHG emissions, transportation equity (using the Caltrans Equity Index), and economy (i.e., quantity and quality of jobs) since the 2023 MTI study was completed. The study will include the evaluation of SB 1 Cycle 4 awards to help determine investment outcomes of the metrics tool, and how they may be increasing state multi-modal spending for climate action, equity, and economy. Improve the State Highway Operation and Protection Program (SHOPP) public engagement process, particularly for projects with significant community benefits or impacts, by using existing department best practices and tools and consulting with the EAC The efforts to increase accountability for equitable public engagement for projects on the State Highway System have led to best practices and the development of public engagement resources such as the Caltrans Engagement Portal. This new action commits Caltrans to improve the Department’s public engagement for SHOPP projects utilizing existing Caltrans best practices and in consultation with the interagency Equity Advisory Committee (EAC). SHOPP projects with significant community benefits or impacts should consider the development of a Public Engagement Plan and utilization of the Caltrans Engagement Portal to ensure consistency in the engagement process. Engagement for these projects is not a one-size-fits all approach and will vary from individual Caltrans Districts Offices who may provide specific guidance in accordance with their District engagement policies. Lead Caltrans *The support agency is at the discretion of the lead agency to consult or include. 163 164 165 166 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 12, 2024 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: RATIFY A LETTER OF SUPPORT FOR COACHELLA VALLEY BEHAVIORAL HEALTH HOSPITAL - 40 BED EXPANSION PROJECT RECOMMENDATION: Ratify the issuance of the letter of support for the Coachella Valley Behavioral Health’s 40-Bed Expansion Project. BACKGROUND/ANALYSIS: Coachella Valley Behavioral Health (CVBH), located in Indio, CA, is an 80-bed inpatient facility providing critical mental health services, including crisis stabilization, detoxification, and outpatient care for residents across the Coachella Valley and Riverside County. With increasing demand for mental health services driven by regional population growth and broader statewide needs, CVBH has proposed a 40-bed expansion to address capacity limitations and meet community health priorities. Recognizing the importance of this project to the region, the City Co uncil Ad Hoc Subcommittee on Legislative Affairs, consisting of Mayor Karina Quintanilla and Mayor Pro Tem Jan Harnik, authorized the issuance of a support letter to Coachella Valley Behavioral Health’s CEO on December 5, 2024. This letter endorses the expansion project and its application for Bond BHCIP Round 1: Launch Ready funding. Staff has performed due diligence on this request. Based on this review, staff believes the support is justified, provided that communication protocols to address prior conce rns with CVBH are implemented and maintained as part of this expansion. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no direct fiscal impact associated with this action. ATTACHMENT: 1. Letter of Support for Coachella Valley Behavioral Health Expansion Project 167 168 169 170 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 12, 2024 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: REAPPOINTMENT OF DOUGLAS WALKER AS THE CITY’S REPRESENTATIVE TO THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES RECOMMENDATION: Reappoint Douglas Walker as the City of Palm Desert’s representative to the Coachella Valley Mosquito and Vector Control District (CVMVCD) Board of Trustees for a four-year term ending January 1, 2029. BACKGROUND/ANALYSIS: The City of Palm Desert is required to appoint a representative to the Coachella Valley Mosquito and Vector Control District (CVMVCD) Board of Trustees for a new term beginning January 2025. Doug Walker has served as the City’s representative since his initial appointment in January 2007. His current term ends on January 6, 2025. The CVMVCD Clerk of the Board has notified the City that a new appointment or reappointment is required. Per CVMVCD bylaws, the City’s representative must be in place prior to the first Monday in January for the upcoming term. The governing Health and Safety Cod e specifies that appointments are to be made for either two or four years. In early November 2024, Mr. Walker informed the City Clerk’s Office that he is willing to continue serving if reappointed. He also expressed his availability to address the City Council, should they wish to hear from him directly. On November 6, 2024, City staff informed the City Council Subcommittee on Boards and Commissions (Mayor Pro Tem Harnik and Councilmember Kelly) of the impending vacancy. The Subcommittee reviewed the matter and recommended Mr. Walker for reappointment. Mr. Walker has professional and academic experience in entomology and natural resources, including a Master of Science degree in Entomology from the University of California, Davis. He served for 34 years as a faculty member and administrator at College of the Desert and held a California Pest Control Advisor License for over 40 years. The City Council may choose to reappoint Mr. Walker or consider appointing an alternate Councilmember or qualified City resident to fill this role. Legal Review: This report has been reviewed by the City Attorney’s Office 171 172 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 12, 2024 PREPARED BY: Carlos Flores, AICP, Principal Planner SUBJECT: APPROVAL OF MILLS ACT CONTRACTS BETWEEN THE CITY AND THE PROPERTY OWNER OF THREE INDIVIDUAL HISTORICAL PROPERTIES RECOMMENDATION: 1. Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A MILLS ACT AGREEMENT BETWEEN THE CITY AND THE OWNER OF THE PROPERTY LOCATED AT 241 SANDPIPER STREET.” 2. Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A MILLS ACT AGREEMENT BETWEEN THE CITY AND THE OWNER OF THE PROPERTY LOCATED AT 72541 EL PASEO, UNIT 1004.” 3. Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A MILLS ACT AGREEMENT BETWEEN THE CITY AND THE OWNER OF THE PROPERTY LOCATED AT 45666 SHADOW MOUNTAIN DRIVE.” BACKGROUND/ANALYSIS: The Mills Act Program enables California cities to enter contracts with owners of historical properties (as designated by the City Council) to provide them with tax relief in exchange for a contract to actively participate in the restoration and maintenance of historical resources. A Mills Act contract is effective for an initial 10-year period and then is automatically extended annually for an additional year, unless, after the initial term, either the City or the owner, by written notice, decides not to renew the contract. During the effective term of the contract, the property owner must improve, rehabilitate, or maintain the property consistent with the United State Secretary of the Interior’s Standards for Rehabilitation, and provide visibility of the historical resource from the public right-of-way and/or other accessible areas. The Environmental Resources Element (ERE) of the General Plan describes the City’s goals and policies for the protection of cultural resources. Goals 6.9.4 and 6.9.5 state tha t the City will require sites with significant cultural resources and structures to be preserved. A property must be designated as a local Historic Landmark or be a contributing property to a Historic District to be enrolled in the program. Currently, there are 44 properties participating in the program, with the last requests approved by the City Council in December 2023. 173 City of Palm Desert Mills Act Approvals Page 2 of 2 The current proposed applicants utilized the updated Mills Act guidelines approved by City Council in 2024, including an updated contract and eligible scope of work checklist. The items presented include three (3) separate requests for Mills Act contracts, summarized in Table 1 below: Table 1 – Proposed Mills Act contract properties Case Number Address Landmark/District Name Council Designation date MILLS24-0002 241 Sandpiper Sandpiper Circle #2 2/10/2022 MILLS24-0005 72541 El Paseo, Unit 1004 Sandpiper Circles 5-10 3/23/2017 MILLS24-0006 45666 Shadow Mountain Dr Charles and June Gibbs House 10/26/2023 Legal Review: This report has been reviewed by the City Attorney’s Office. Environment Review: Entering into a “Mills Act Contract” with the owners of historical property is not subject to the provisions of the California Environmental Quality Act (CEQA) because it is not a proje ct as defined in CEQA Guidelines § 15378 (Definitions – Project). Implementation of the Mills Act is a government fiscal activity which does not involve commitment to any specific project resulting in a potentially significant physical impact on the environment (CEQA Guidelines § 15378 (b) (4)). FINANCIAL IMPACT: After the Mills Act Contracts are recorded, the County Assessor values the property by an income capitalization method, following guidelines provided by the State Board of Equalization. Because of the timing and the method of valuing the restricted property, it is difficult to accurately estimate the tax savings and resulting fiscal impacts to the City under a particular historical property contract. However, the Office of Historic Preservation (California Department of Parks and Recreation) estimates that property owners participating in the program may realize property tax savings of between 40% and 60% each year for newly improved or purchased older properties. The City’s property tax revenue will be reduced accordingly. ATTACHMENTS: 1. Draft Resolution and Mills Act Contract for 241 Sandpiper Street (MILLS24 -0002) 2. Draft Resolution and Mills Act Contract for 72541 El Paseo, Unit 1004 (MILLS24 -0005) 3. Draft Resolution and Mills Act Contract for 45666 Shadow Mountain Drive (MILLS24-0006) 174 RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A MILLS ACT AGREEMENT BETWEEN THE CITY AND THE OWNER OF THE PROPERTY LOCATED AT 241 SANDPIPER STREET CASE NOS. MILLS24-0002 WHEREAS, the City Council of the City of Palm Desert is authorized by California Government Code § 50280 et seq. (known as “the Mills Act”) to enter into contracts with the owners of qualified historical properties to provide for appropriate use, maintenance, and rehabilitation such that these historic properties retain their historic characteristics; and WHEREAS, the City Council of the City of Palm Desert has adopted Resolution No. 9136 (2000 Series), establishing the Mills Act Historic Property Tax Incentive Program as an ongoing historic preservation program to promote the preservation, maintenance, and rehabilitation of historic resources through financial incentives; and WHEREAS, the City Council of the Palm Desert has designated this property as a historic resource of the City of Palm Desert pursuant to the policies in the Title 29 of the Palm Desert Municipal Code; and WHEREAS, Michael and Linda Cleeve are the owners of that certain qualified real property, together with associated structures and improvement thereon, located on Assessor’s Parcel Number 640-250-012-2, located at 241 Sandpiper Street, in the City of Palm Desert, California; and WHEREAS, the City and the Owners, for their mutual benefit, now desire to enter into an agreement to limit the use of the property to prevent inappropriate alterations and to ensure that character-defining features are preserved and maintained in an exemplary manner, and repairs and improvements are completed as necessary to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. seq. of the Revenue and Taxation Code; and WHEREAS, the City Council conducted a meeting in the Council Chamber of City Hall, 73510 Fred Waring Drive, Palm Desert, California, on December 12, 2024, for the purpose of considering approval of the historic property preservation agreement, and has duly considered all evidence and testimony of the applicant and interested parties, and the evaluation and recommendation by staff, present at said hearing; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings: a) Environmental Resources Element Program 6.9.4 and 6.9.5 states that the City will require sites with significant cultural resources and structures to be preserved. 175 b) The subject property, located at 241 Sandpiper Street, has been recognized as a historic asset in the community by its designation as a Contributing Asset to a Historic District by the City Council by Resolution No. 2022-07 on February 10, 2022. As such, maintaining the structure will meet the City’s goals for historic preservation listed in policies 6.9.4 and 6.9.5 of the Environmental Resources Element. SECTION 2. Environmental Determination. The City Council has determined that the above actions do not constitute a project, as defined in California Environmental Quality Act Guidelines § 15378 and are not subject to environmental review. SECTION 3. Historic Property Preservation Agreement Approved. The City Council hereby approves the Mills Act Agreement between the City of Palm Desert and the Owner of the Historic Property Located at 241 Sandpiper Street, to be entered into by the City and the property owners, Michael J Cleeve and Linda I Cleeve. SECTION 4. City Manager Authorized to Sign Agreement for City. The City Council hereby authorizes the Community Development Director to execute said agreement on behalf of the Council of the City of Palm Desert. SECTION 5. 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. Anthony J. Mejia, MMC, the City Clerk of the City of Palm Desert is the custodian of the record of proceedings. SECTION 6. Effective Date. This Resolution shall become effective immediately upon its adoption. ADOPTED ON _______________. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK 176 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM DESERT ) I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, DO HEREBY CERTIFY that the foregoing Resolution No. 24-__ was duly adopted by the City Council of the City of Palm Desert at a regular meeting held on the ___ day of December, 2024 by the following vote of the Council: AYES: NOES: ABSENT: (SEAL) _________________________ ANTHONY J. MEJIA CITY CLERK 177 178 APPENDIX C Recording Requested by: ) When Recorded Mail to: ) ) CITY OF PALM DESERT ) 73-510 Fred Waring Drive ) Palm Desert, CA 92260 ) ) Attention: Cultural Resources ) Administrator ) ) ) ) (Space above for Recorder’s Office) HISTORIC PROPERTY PRESERVATION AGREEMENT (“MILLS ACT CONTRACT”) between THE CITY OF PALM DESERT a California municipal corporation and Linda I Cleeve Michael J Cleeve Owner(s) of the property located at 241 Sandpiper Street APN 640-250-012-2 ------ 179 APPENDIX C HISTORIC PROPERTY PRESERVATION AGREEMENT (“MILLS ACT CONTRACT”) This agreement (“Agreement”) is made this _____ day of _________ 20__, by and between the City of Palm Desert, a California municipal corporation (“City”), and Michael J Cleeve and Linda I Cleeve (“Owner”). RECITALS 1. California Government Code section 50280, et. seq. allow cities the discretion to enter into contracts with the owners of qualified historic properties, as defined in Government Code section 50280.1, for the purpose of providing for the use, maintenance, protection, and restoration of such historic property, so as to retain its characteristics as property of historic significance; and 2. Owner holds fee title to that certain real property, together with associated structures and improvements thereon, generally located at 241 Sandpiper Street within the City of Palm Desert, California (“Historic Property”). A legal description of the Historic Property is attached hereto as Exhibit “A,” and incorporated herein by this reference; and 3. On February 10 , 2022, the Cultural Resources Preservation Committee and/or the City Council designated the Historic Property as a historic resource, pursuant to the terms and provisions of Title 29 of the Palm Desert Municipal Code; and 4. City and Owner desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property that help provide the community with its own unique civic identity and character; and 5. Owner, in consideration for abiding by the terms of this Agreement, shall be entitled to qualify for a reassessment of valuation of the Historic Property, pursuant to the provisions of Chapter 3, Part 2, of Division 1 of the California Revenue and Taxation Code, and any corresponding adjustment in property taxes resulting therefrom. TERMS NOW, THEREFORE, the City and Owner, in consideration of mutual covenants and conditions set forth herein, do hereby agree as follows: 1.Effective Date and Term of Agreement. This Agreement shall be effective and 180 APPENDIX C commence on December 12, 2024 (“Effective Date”), and shall remain in effect for a term of ten (10) years thereafter. 2. Yearly Renewal. Each year upon the anniversary of the Effective Date (“Renewal Date”), an additional one (1) year shall automatically be added to the remaining term of the Agreement, unless a notice of nonrenewal is delivered as provided in Section 3 of this Agreement. 3. Nonrenewal. If either the Owner or City desires at any point not to renew this Agreement, Owner or City shall serve a written notice of nonrenewal upon the party in advance of the Renewal Date (“Notice of Nonrenewal”). The Notice of Nonrenewal shall be effective, only if served by Owner upon City at least ninety (90) days prior to the Renewal Date, or if served by City upon Owner, the Notice of Nonrenewal shall be effective, only if served upon Owner at least sixty (60) days prior to the Renewal Date. If either City or Owner serves a Notice of Nonrenewal in any year, this Agreement shall remain in effect for the balance of the remaining Agreement term. 4. Owner Protest of City Nonrenewal. Within fifteen (15) days of Owner’s receipt of the Notice of Nonrenewal from the City, Owner may file with the City a written protest of the Notice of Nonrenewal. Upon receipt of the written protest, the City Council shall set a hearing prior to the expiration of the Renewal Date of this Agreement. Owner may furnish to the City Council any information that Owner deems relevant, and shall furnish that which is requested or required by the City Council. The City Council may, at any time prior to the annual Renewal Date, withdraw its Notice of Nonrenewal. 5. Standards for Historical Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions: A. Owner shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Attached hereto as Exhibit “B” and incorporated herein by this reference, is a list of the minimum standards and conditions for the maintenance, use, protection, and preservation of the Historic Property, which shall be complied with by Owner at all times throughout the term of this Agreement. In addition, Owner shall comply with the terms of the City’s Cultural Resources Ordinance 1168 (Title 29 of the Palm Desert Municipal Code), and shall obtain any and all applicable permits 181 APPENDIX C necessary to protect, preserve, restore, and rehabilitate the Historic Property, so as to maintain its historical and cultural significance. B. Owner shall, where necessary, repair, maintain, restore, and rehabilitate the Historic Property according to the rules and regulations of both the Office of Historic Preservation of the State Department of Parks and Recreation, and the City of Palm Desert. The condition of the Historic Property’s exterior on the Effective Date of this Agreement is documented in the photographs attached hereto as Exhibit “C” and incorporated herein by this reference. At a minimum, Owner shall continually maintain the exterior of the Historic Property in the same condition as documented and depicted in Exhibit “C.” C. Owner shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in Exhibit “D,” attached hereto and incorporated herein by this reference. All such projects shall be undertaken and completed in accordance with both the Secretary of Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, in addition to the City of Palm Desert’s design guidelines. D. Owner shall not be permitted to block the view corridor with any new structure such as walls, fences or shrubbery, so as to prevent the view of the Historic Property from the public right-of-way. 6. Periodic Examinations. Upon reasonable advance notice, Owner shall allow reasonable periodic examinations of the exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization and/or the City, as may be necessary to determine Owner’s compliance with the terms and provisions of this Agreement. 7. Provision of Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by the City, which the City deems necessary or advisable to determine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement. 8. Breach of Agreement; Remedies. A. Notice of Breach; Opportunity to Cure. If Owner breaches any provision of this Agreement, City may give written notice to Owner by registered or certified mail, detailing Owner’s violations. If such violation is not corrected to the 182 APPENDIX C reasonable satisfaction of City within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion), the City may, without further notice, declare Owner to be in breach of this Agreement. Upon City’s declaration of Owner’s breach of this Agreement, City may pursue any and all remedies available pursuant to local, state, or federal law, including those specifically provided for in this section. B. Remedy - Termination. City may terminate this Agreement, if the City determines, following a duly noticed public hearing in accordance with Government Code section 50286, that: 1.) Owner breached any of the conditions of this Agreement; 2.) Owner allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historic property or; 3.) Owner failed to maintain and preserve the Historic Property in accordance with the terms of this Agreement. If this Agreement is terminated pursuant to this paragraph, Owner shall pay a cancellation fee to the Office of the Auditor for the County of Riverside, as required by Government Code section 50286. C. Alternative Remedies. As an alternative to termination of this Agreement for Owner’s breach of any condition, City may bring an action in court necessary to enforce this Agreement including, but not limited to, an action to enforce this Agreement by specific performance, injunction, or receivership. 9. Destruction of Property; Eminent Domain; Termination. If the Historic Property is destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of the City Building Official more than sixty percent (60%) of the original fabric of the structure must be replaced, this Agreement shall be terminated, because the historic value of the structure will have been deemed destroyed. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City Council to frustrate the purpose of this Agreement, this Agreement shall be terminated. No cancellation fee pursuant to Government Code section 50286 shall be imposed if the Agreement is terminated, pursuant to this Section. 10. Waiver. City does not waive any claim of default by Owner, if City does not enforce or terminate this Agreement. All other remedies at law or in equity which are not otherwise 183 APPENDIX C provided for in this Agreement or in City’s regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 11.Binding Effect of Agreement. Owner hereby subjects the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, conditions, and restrictions set forth herein shall be deemed covenants running with the land and shall inure to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions set forth in this Agreement, deed, or other instrument. 12.Covenants Run with the Land. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that it restricts development of the Historic Property. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the cultural and historical characteristics and significance of the Historic Property for the benefit of the public and the Owner. 13.Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto: City: City of Palm Desert Department of Building and Safety 73-510 Fred Waring Drive Palm Desert, CA 92260 Owner: Michael & Linda Cleeve 241 Sandpiper Street PALM DESERT, CA 92211 14.Effect of Agreement. None of the terms, provisions or conditions of this Agreement 184 APPENDIX C shall be deemed to create a partnership between the parties hereto or any of their heirs, successors or assigns, nor shall such terms, provisions or conditions cause the parties to be considered joint venturers or members of any joint enterprise. 15. Indemnity of City. Owner shall defend, indemnify, and hold harmless City and its elected officials, officers, agents and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use operation, or maintenance of the Historic Property by Owner or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) Owner’s activities in connection with the Historic Property; and (iii) any restrictions on the use or development of the Historic Property, from application or enforcement of Title 29 of the City’s Municipal Code, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. Owner’s obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, employees, or agents. 16. Binding Upon Successors. All of the agreements, rights, covenants, reservations and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever. 17. Legal Costs. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, conditions or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorneys’ fees to be fixed by the court, in addition to court costs and other relief ordered by the court. 18. Severability. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. 185 APPENDIX C 19. Recordation. No later than twenty (20) days after the Effective Date, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Riverside. Owner shall provide written notice of the contract to the State Office of Historic Preservation within six (6) months of entering into the contract. 20. Amendments. This Agreement may be amended, in whole or in part, only by written recorded instrument executed by the parties hereto. 21. Governing Law and Venue. This Agreement shall be construed and governed in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. 186 APPENDIX C IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first above written. Dated: CITY OF PALM DESERT By ATTESTED TO: By Dated: ____________________ Owner ,Owner ,Owner APPROVED AS TO FORM City Attorney 187 APPENDIX C 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 RIVERSIDE ) On , before me, , the undersigned, a notary public in and for said State, personally appeared personally known to me (or 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. WITNESS my hand and official seal. Notary Signature 188 APPENDIX C EXHIBIT A PROPERTY DESCRIPTION Real property in the City of Palm Desert, County of Riverside, State of California, described as follows: PARCEL 1: LOT 49 OF TRACT 3103, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 54, PAGES 36 AND 38 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: AN UNDIVIDED ONE-TWENTY FOURTH (1/24th) INTEREST IN LOT 98 OF SAID TRACT 3103, AS SHOWN BY MAP ON FILE IN BOOK 54, PAGES 36 AND 38 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 3: TOGETHER WITH ALL BUILDING AND OTHER IMPROVEMENTS ON SAID PREMISES, AND EASEMENTS FOR SUPPORT AND SETTLEMENT WHERE SAID LOT ADJOINS LOTS 50 AND 51, TOGETHER WITH EASEMENTS FOR EAVES OR OVERHEADS AS SUCH EXIST AS OF AUGUST 20, 1965 APN: 340-250-012-2 189 APPENDIX C EXHIBIT B MINIMUM STANDARDS AND CONDITIONS FOR MAINTENANCE, USE, PROTECTION, AND PRESERVATION OF HISTORIC PROPERTY 1. The Historic District Property shall comply with all regulations of Title 8 and Title 9 of the Palm Desert Municipal Code, including the definition of “Good Repair” as outlined in Section 29.20 and 29.60.160; 2. The Historic Property shall continue to be maintained in a manner consistent with the level of maintenance that has customarily been employed at the property and consistent with the typical condominium development in the Palm Desert Area. 3. The Historic Property shall not have non-operational vehicles or portions of them in public view. 4. The Historic Property Shall not have stagnant or standing water. 5. The Historic Property Shall not have overgrown or decaying landscaping. All landscape features should be maintained including, but not limited to, grass, trees, and any plantings. 6. The Historic Property shall prominently display and properly maintain its City Landmark plaque. 190 APPENDIX C EXHIBIT C EXTERIOR PHOTOGRAPHS OF HISTORIC PROPERTY 191 192 APPENDIX C EXHIBIT D PENDING AND REQUIRED PROJECTS FOR HISTORIC PROPERTY 193 194 RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A MILLS ACT AGREEMENT BETWEEN THE CITY AND THE OWNER OF THE PROPERTY LOCATED AT 72541 EL PASEO, UNIT 1004 CASE NOS. MILLS24-0005 WHEREAS, the City Council of the City of Palm Desert is authorized by California Government Code § 50280 et seq. (known as “the Mills Act”) to enter into contracts with the owners of qualified historical properties to provide for appropriate use, maintenance, and rehabilitation such that these historic properties retain their historic characteristics; and WHEREAS, the City Council of the City of Palm Desert has adopted Resolution No. 9136 (2000 Series), establishing the Mills Act Historic Property Tax Incentive Program as an ongoing historic preservation program to promote the preservation, maintenance, and rehabilitation of historic resources through financial incentives; and WHEREAS, the City Council of the Palm Desert has designated this property as a historic resource of the City of Palm Desert pursuant to the policies in the Title 29 of the Palm Desert Municipal Code; and WHEREAS, the Winship Sian L Trust are the owners of that certain qualified real property, together with associated structures and improvement thereon, located on Assessor’s Parcel Number 640-210-022, located at 72541 El Paseo, Unit 1004, in the City of Palm Desert, California; and WHEREAS, the City and the Owners, for their mutual benefit, now desire to enter into an agreement to limit the use of the property to prevent inappropriate alterations and to ensure that character-defining features are preserved and maintained in an exemplary manner, and repairs and improvements are completed as necessary to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. seq. of the Revenue and Taxation Code; and WHEREAS, the City Council conducted a meeting in the Council Chamber of City Hall, 73510 Fred Waring Drive, Palm Desert, California, on December 12, 2024, for the purpose of considering approval of the historic property preservation agreement, and has duly considered all evidence and testimony of the applicant and interested parties, and the evaluation and recommendation by staff, present at said hearing; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings: a) Environmental Resources Element Program 6.9.4 and 6.9.5 states that the City will require sites with significant cultural resources and structures to be preserved. 195 b) The subject property, located at 72541 El Paseo, Unit 1004, has been recognized as a historic asset in the community by its designation as a Contributing Asset to a Historic District by the City Council by Resolution No. 2017-30 on March 23, 2017. As such, maintaining the structure will meet the City’s goals for historic preservation listed in policies 6.9.4 and 6.9.5 of the Environmental Resources Element. SECTION 2. Environmental Determination. The City Council has determined that the above actions do not constitute a project, as defined in California Environmental Quality Act Guidelines § 15378 and are not subject to environmental review. SECTION 3. Historic Property Preservation Agreement Approved. The City Council hereby approves the Mills Act Agreement between the City of Palm Desert and the Owner of the Historic Property Located at 72541 El Paseo, Unit 1004, to be entered into by the City and the property owners, Winship Sian L Trust. SECTION 4. City Manager Authorized to Sign Agreement for City. The City Council hereby authorizes the Community Development Director to execute said agreement on behalf of the Council of the City of Palm Desert. SECTION 5. 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. Anthony J. Mejia, MMC, the City Clerk of the City of Palm Desert is the custodian of the record of proceedings. SECTION 6. Effective Date. This Resolution shall become effective immediately upon its adoption. ADOPTED ON _______________. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK 196 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM DESERT ) I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, DO HEREBY CERTIFY that the foregoing Resolution No. 24-__ was duly adopted by the City Council of the City of Palm Desert at a regular meeting held on the ___ day of December, 2024 by the following vote of the Council: AYES: NOES: ABSENT: (SEAL) _________________________ ANTHONY J. MEJIA CITY CLERK 197 198 APPENDIX C Recording Requested by: ) When Recorded Mail to: ) ) CITY OF PALM DESERT ) 73-510 Fred Waring Drive ) Palm Desert, CA 92260 ) ) Attention: Cultural Resources ) Administrator ) ) ) ) (Space above for Recorder’s Office) HISTORIC PROPERTY PRESERVATION AGREEMENT (“MILLS ACT CONTRACT”) between THE CITY OF PALM DESERT a California municipal corporation and WINSHIP SIAN L TRUST Owner(s) of the property located at 72541 EL PASEO 1004, PALM DESERT CA, 92260 APN 640-210-022 199 APPENDIX C HISTORIC PROPERTY PRESERVATION AGREEMENT (“MILLS ACT CONTRACT”) This agreement (“Agreement”) is made this _____ day of _________ 20__, by and between the City of Palm Desert, a California municipal corporation (“City”), and Winship Sian L Trust (“Owner”). RECITALS 1. California Government Code section 50280, et. seq. allow cities the discretion to enter into contracts with the owners of qualified historic properties, as defined in Government Code section 50280.1, for the purpose of providing for the use, maintenance, protection, and restoration of such historic property, so as to retain its characteristics as property of historic significance; and 2. Owner holds fee title to that certain real property, together with associated structures and improvements thereon, generally located at 72541 El Paseo, #1004 within the City of Palm Desert, California (“Historic Property”). A legal description of the Historic Property is attached hereto as Exhibit “A,” and incorporated herein by this reference; and 3. On March 23, 2017, the City Council designated the Historic Property as a historic resource, pursuant to the terms and provisions of Title 29 of the Palm Desert Municipal Code; and 4. City and Owner desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property that help provide the community with its own unique civic identity and character; and 5. Owner, in consideration for abiding by the terms of this Agreement, shall be entitled to qualify for a reassessment of valuation of the Historic Property, pursuant to the provisions of Chapter 3, Part 2, of Division 1 of the California Revenue and Taxation Code, and any corresponding adjustment in property taxes resulting therefrom. TERMS NOW, THEREFORE, the City and Owner, in consideration of mutual covenants and conditions set forth herein, do hereby agree as follows: 200 APPENDIX C 1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on , 20 (“Effective Date”), and shall remain in effect for a term of ten (10) years thereafter. 2. Yearly Renewal. Each year upon the anniversary of the Effective Date (“Renewal Date”), an additional one (1) year shall automatically be added to the remaining term of the Agreement, unless a notice of nonrenewal is delivered as provided in Section 3 of this Agreement. 3. Nonrenewal. If either the Owner or City desires at any point not to renew this Agreement, Owner or City shall serve a written notice of nonrenewal upon the party in advance of the Renewal Date (“Notice of Nonrenewal”). The Notice of Nonrenewal shall be effective, only if served by Owner upon City at least ninety (90) days prior to the Renewal Date, or if served by City upon Owner, the Notice of Nonrenewal shall be effective, only if served upon Owner at least sixty (60) days prior to the Renewal Date. If either City or Owner serves a Notice of Nonrenewal in any year, this Agreement shall remain in effect for the balance of the remaining Agreement term. 4. Owner Protest of City Nonrenewal. Within fifteen (15) days of Owner’s receipt of the Notice of Nonrenewal from the City, Owner may file with the City a written protest of the Notice of Nonrenewal. Upon receipt of the written protest, the City Council shall set a hearing prior to the expiration of the Renewal Date of this Agreement. Owner may furnish to the City Council any information that Owner deems relevant, and shall furnish that which is requested or required by the City Council. The City Council may, at any time prior to the annual Renewal Date, withdraw its Notice of Nonrenewal. 5. Standards for Historical Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions: A. Owner shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Attached hereto as Exhibit “B” and incorporated herein by this reference, is a list of the minimum standards and conditions for the maintenance, use, protection, and preservation of the Historic Property, which shall be complied with by Owner at all times throughout the term of this Agreement. In addition, Owner shall comply with the terms of the City’s Cultural Resources Ordinance 1168 (Title 29 of the Palm 201 APPENDIX C Desert Municipal Code), and shall obtain any and all applicable permits necessary to protect, preserve, restore, and rehabilitate the Historic Property, so as to maintain its historical and cultural significance. B. Owner shall, where necessary, repair, maintain, restore, and rehabilitate the Historic Property according to the rules and regulations of both the Office of Historic Preservation of the State Department of Parks and Recreation, and the City of Palm Desert. The condition of the Historic Property’s exterior on the Effective Date of this Agreement is documented in the photographs attached hereto as Exhibit “C” and incorporated herein by this reference. At a minimum, Owner shall continually maintain the exterior of the Historic Property in the same condition as documented and depicted in Exhibit “C.” C. Owner shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in Exhibit “D,” attached hereto and incorporated herein by this reference. All such projects shall be undertaken and completed in accordance with both the Secretary of Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, in addition to the City of Palm Desert’s design guidelines. D. Owner shall not be permitted to block the view corridor with any new structure such as walls, fences or shrubbery, so as to prevent the view of the Historic Property from the public right-of-way. 6. Periodic Examinations. Upon reasonable advance notice, Owner shall allow reasonable periodic examinations of the exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization and/or the City, as may be necessary to determine Owner’s compliance with the terms and provisions of this Agreement. 7. Provision of Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by the City, which the City deems necessary or advisable to determine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement. 8. Breach of Agreement; Remedies. A. Notice of Breach; Opportunity to Cure. If Owner breaches any provision of this Agreement, City may give written notice to Owner by registered or certified 202 APPENDIX C mail, detailing Owner’s violations. If such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion), the City may, without further notice, declare Owner to be in breach of this Agreement. Upon City’s declaration of Owner’s breach of this Agreement, City may pursue any and all remedies available pursuant to local, state, or federal law, including those specifically provided for in this section. B. Remedy - Termination. City may terminate this Agreement, if the City determines, following a duly noticed public hearing in accordance with Government Code section 50286, that: 1.) Owner breached any of the conditions of this Agreement; 2.) Owner allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historic property or; 3.) Owner failed to maintain and preserve the Historic Property in accordance with the terms of this Agreement. If this Agreement is terminated pursuant to this paragraph, Owner shall pay a cancellation fee to the Office of the Auditor for the County of Riverside, as required by Government Code section 50286. C. Alternative Remedies. As an alternative to termination of this Agreement for Owner’s breach of any condition, City may bring an action in court necessary to enforce this Agreement including, but not limited to, an action to enforce this Agreement by specific performance, injunction, or receivership. 9. Destruction of Property; Eminent Domain; Termination. If the Historic Property is destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of the City Building Official more than sixty percent (60%) of the original fabric of the structure must be replaced, this Agreement shall be terminated, because the historic value of the structure will have been deemed destroyed. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City Council to frustrate the purpose of this Agreement, this Agreement shall be terminated. No cancellation fee pursuant to Government Code section 50286 shall be imposed if the Agreement is terminated, pursuant to this Section. 10. Waiver. City does not waive any claim of default by Owner, if City does not enforce 203 APPENDIX C or terminate this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 11. Binding Effect of Agreement. Owner hereby subjects the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, conditions, and restrictions set forth herein shall be deemed covenants running with the land and shall inure to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions set forth in this Agreement, deed, or other instrument. 12. Covenants Run with the Land. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that it restricts development of the Historic Property. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the cultural and historical characteristics and significance of the Historic Property for the benefit of the public and the Owner. 13. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto: City: City of Palm Desert Department of Building and Safety 73-510 Fred Waring Drive Palm Desert, CA 92260 Owner: 14. Effect of Agreement. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto or any of their heirs, 204 APPENDIX C successors or assigns, nor shall such terms, provisions or conditions cause the parties to be considered joint venturers or members of any joint enterprise. 15. Indemnity of City. Owner shall defend, indemnify, and hold harmless City and its elected officials, officers, agents and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use operation, or maintenance of the Historic Property by Owner or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) Owner’s activities in connection with the Historic Property; and (iii) any restrictions on the use or development of the Historic Property, from application or enforcement of Title 29 of the City’s Municipal Code, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. Owner’s obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, employees, or agents. 16. Binding Upon Successors. All of the agreements, rights, covenants, reservations and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever. 17. Legal Costs. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, conditions or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorneys’ fees to be fixed by the court, in addition to court costs and other relief ordered by the court. 18. Severability. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. 205 APPENDIX C 19. Recordation. No later than twenty (20) days after the Effective Date, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Riverside. Owner shall provide written notice of the contract to the State Office of Historic Preservation within six (6) months of entering into the contract. 20. Amendments. This Agreement may be amended, in whole or in part, only by written recorded instrument executed by the parties hereto. 21. Governing Law and Venue. This Agreement shall be construed and governed in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. 206 APPENDIX C IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first above written. Dated: CITY OF PALM DESERT By ATTESTED TO: By Dated: ____________________ Owner ,Owner ,Owner APPROVED AS TO FORM City Attorney 207 APPENDIX C 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 RIVERSIDE ) On , before me, , the undersigned, a notary public in and for said State, personally appeared personally known to me (or 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. WITNESS my hand and official seal. Notary Signature 208 APPENDIX C EXHIBIT A PROPERTY DESCRIPTION Real property in the City of Palm Desert, County of Riverside, State of California, described as follows: PARCEL 1: LOT 20 OF TRACT 2659, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 47 PAGES 17 AND 18 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: AN UNDIVIDED ONE-SIXTEENTH INTEREST IN AND TO LOT 33 OF SAID TRACT 2659, FOR RECREATION PURPOSES AND THE FACILITIES THEREFOR. PARCEL 3: AN UNDIVIDED NON-EXCLUSIVE RIGHT FOR INGRESS AND EGRESS OVER A 20.00 FOOT ACCESS EASEMENT OVER LOTS 33 AND 34 OF SAID TRACT 2659 AS SOHWN ON THE RECORDED MAP OF SAID TRACT, SAID RIGHT BEING APPURTENANT TO THE LAND DESCRIBED AS PARCEL 1. APN: 640-210-022 209 APPENDIX C EXHIBIT B MINIMUM STANDARDS AND CONDITIONS FOR MAINTENANCE, USE, PROTECTION, AND PRESERVATION OF HISTORIC PROPERTY 1. The Historic District Property shall comply with all regulations of Title 8 and Title 9 of the Palm Desert Municipal Code, including the definition of “Good Repair” as outlined in Section 29.20 and 29.60.160; 2. The Historic Property shall continue to be maintained in a manner consistent with the level of maintenance that has customarily been employed at the property and consistent with the typical condominium development in the Palm Desert Area. 3. The Historic Property shall not have non-operational vehicles or portions of them in public view. 4. The Historic Property Shall not have stagnant or standing water. 5. The Historic Property Shall not have overgrown or decaying landscaping. All landscape features should be maintained including, but not limited to, grass, trees, and any plantings. 6. The Historic Property shall prominently display and properly maintain its City Landmark plaque. 210 APPENDIX C EXHIBIT C EXTERIOR PHOTOGRAPHS OF HISTORIC PROPERTY 211 1004 SANDPIPERFRONT (ENTRANCE) ELEVATION - LOOKING SOUTHWEST 1004 SANDPIPER STREET PHOTOGRAPHS 212 1004 SANDPIPER 1004 SANDPIPER STREET EAST ELEVATION - ENTRY EXTERIOR ELEVATIONS NORTH ELEVATION SOUTH ELEVATION 213 1004 SANDPIPER LOOKING NORTHWEST INTERIOR PHOTOGRAPHS - ATRIUM LOOKING SOUTHEAST LOOKING WEST EXPOSED WOOD RAFTERS 214 1004 SANDPIPER LOOKING WEST INTERIOR PHOTOGRAPHS - ATRIUM LOOKING EAST LOOKING SOUTH LOOKING NORTH NORTHWEST 215 1004 SANDPIPER MOISTURE DAMAGE TO WOOD RAFTERS INTERIOR PHOTOGRAPHS - ATRIUM STRUCTURAL FRAMING CONCERNS DAMAGED WOOD RAFTERS RE-ROUTE REFRIGERANT LINES, REMOVE FROM ATRIUM, RESTORE GRILL 216 1004 SANDPIPER LOOKING EAST INTERIOR PHOTOGRAPHS - LIVING ROOM LOOKING NORTHEAST LOOKING NORTHWEST LOOKING NORTHWEST 217 1004 SANDPIPER LOOKING EAST INTERIOR PHOTOGRAPHS - LIVING ROOM LOOKING SOUTH LOOKING WEST LOOKING SOUTHEAST 218 1004 SANDPIPER INTERIOR PHOTOGRAPHS - LIVING ROOM REMOVE WALL OF SLIDING WOOD SHUTTERS, REPAIR/REPAINT REMOVE MIRRORS, RESTORE EXPOSED BLOCK SIM. TO EXTERIOR WALL 219 1004 SANDPIPER INTERIOR PHOTOGRAPHS - LIVING ROOM CEILING REPAIR PLASTER REPAIR CEILING & PLASTER REPAIR 220 1004 SANDPIPER LOOKING NORTH INTERIOR PHOTOGRAPHS - KITCHEN LOOKING SOUTHWEST LOOKING NORTH LOOKING NORTHWEST 221 1004 SANDPIPER LOOKING NORTH INTERIOR PHOTOGRAPHS - KITCHEN LOOKING EAST SKYLIGHT 222 1004 SANDPIPER INTERIOR PHOTOGRAPHS - KITCHEN LOOKING NORTHWEST LOOKING WEST LOOKING SOUTHWEST 223 1004 SANDPIPER INTERIOR PHOTOGRAPHS - KITCHEN REPAIR/RESTORE ORIGINAL CABINETS REMOVE NON-ORIGINAL KITCHEN FLOOR REPAIR/RESTORE ORGINAL LAMINATE 224 1004 SANDPIPER LOOKING EAST INTERIOR PHOTOGRAPHS - PRIMARY BEDROOM LOOKING SOUTH LOOKING WEST LOOKING NORTH 225 1004 SANDPIPER REMOVE WALL FRAMING & DRYWALL, RESTORE EXPOSED BLOCK WALL INTERIOR INTERIOR PHOTOGRAPHS - PRIMARY BEDROOM REPAIR PLASTER 226 1004 SANDPIPER LOOKING EAST INTERIOR PHOTOGRAPHS - PRIMARY BATHROOM LOOKING WEST VANITY FLOORING 227 1004 SANDPIPER LEAK INVESTIGATION, REPAIR, WALL REPAIR INTERIOR PHOTOGRAPHS - PRIMARY BATHROOM DETAILS RESTORE SHOWER TILE SHOWER DETAILRESTORE SHOWER ENCL. 228 1004 SANDPIPER CLERESTORY WALL REPAIR WEST INTERIOR PHOTOGRAPHS - PRIMARY BATHROOM DETAILS CLERESTORY WALL REPAIR EAST 229 1004 SANDPIPER LOOKING EAST INTERIOR PHOTOGRAPHS - BEDROOM 2 LOOKING WEST LOOKING SOUTH LOOKING NORTH 230 1004 SANDPIPER LOOKING NORTHEAST INTERIOR PHOTOGRAPHS - BATHROOM 2 TILE & GROUT REPAIR RESTORE & RESET ORIGINAL SHOWER DOORS & TRACK TILE & GROUT REPAIR 231 1004 SANDPIPER INTERIOR PHOTOGRAPHS - BATHROOM 2 TILE & WALL REPAIR TILE & WALL REPAIR 232 1004 SANDPIPER LOOKING SOUTHEAST EXTERIOR PHOTOGRAPHS - SOUTH PATIO LOOKING WEST LOOKING SOUTHEAST LOOKING NORTH 233 1004 SANDPIPER SOUTH ELEVATION VIEW OF MISSING BREEZE BLOCK SOUTH PATIO DETAILS VIEW OF MISSING/DAMAGED BREEZE BLOCK FROM PATIO ORIGINAL DISPLACED AND DAMAGED BREEZE BLOCK TO BE REPAIRED & RE-INSTALLED IN-KIND 234 1004 SANDPIPER LOOKING NORTH EXTERIOR PHOTOGRAPHS - NORTH PATIO LOOKING WEST LOOKING WEST DETAIL 235 1004 SANDPIPER LOOKING NORTH EXTERIOR PHOTOGRAPHS - NORTH PATIO DETAIL LOOKING EAST DETAIL 236 1004 SANDPIPER NORTH & SOUTH PATIO RESTORATION RESTORE MISSING ORIGINAL PLANTER IN NORTH PATIO REMOVE NON-ORIGINAL CERAMIC TILE IN BOTH NORTH & SOUTH PATIOS RESTORE ORIGINAL FLOOR FINISH NORTH PATION PLAN SHOWING LOCATION OF PLANTERS TO BE RESTORED 237 1004 SANDPIPER PLASTER DAMAGE UNDER WEST SLIDING DOOR NORTH PATIO DETAILS PLASTER DAMAGE AT EAST PATIO PLASTER DAMAGE UNDER WEST SLIDING DOOR PLASTER DAMAGE UNDER EAST SLIDING DOOR 238 1004 SANDPIPER LOOKING NORTHWEST EXTERIOR PHOTOGRAPHS - LAUNDRY ROOM INVESTIGATE POTENTIAL WATER ISSUES, REPAIR DAMAGED MATERIALS WATER INFILTRATION CONCERNS, REPAIR DAMAGED MATERIALS WATER INFILTRATION CONCERNS 239 1004 SANDPIPER ORIGINAL ROOF REQUIRES COMPLETE REPLACEMENT ROOF ROOF MASTIC DAMAGED OR MISSING SEVERELY DAMAGED ORIGINAL ROOF COATING IMPROPERLY INSTALLED FLASHING 240 1004 SANDPIPER ROOF DAMAGE ROOF DETAILS ROOF DAMAGE ROOF DAMAGE SKYLIGHT REPAIR 241 1004 SANDPIPER REPLACE RECEPTACLES WITH GROUNDED (TYPICAL THROUGHOUT) ELECTRICAL REPAIRS REPLACE NON-WORKING STOVE HOOD/EXHAUST FAN DANGEROUS MAIN ELECTRICAL PANEL SHOULD BE REPLACED ADD ELECTRICAL BONDING TO INTERIOR PIPING 242 1004 SANDPIPER REPLACE PLASTIC SUPPLY LINES (TYPICAL THROUGHOUT) PLUMBING REPAIRS REPLACE WATER HEATER PAN AND INSTALL DRAIN LINE REPLACE ANGLE STOPS DUE TO AGE REPLACE/REPAIR CONDENSATE DRAIN LINE 243 1004 SANDPIPER SEAL LEAKING COIL PLENUM PLUMBING/MECHANICAL REPAIRS INSTALL MICROSWITCH TO SECONDARY CONDENSATE DRAIN LINE REPLACE NON-COMPLIANT FLEXIBLE GAS SUPPLY REPLACE 40 YEAR OLD HEATING/AC CONDENSER 244 1004 SANDPIPER RE-ROUTE & RE-INSULATE EXISTING REFRIGERANT LINES PLUMBING/MECHANICAL REPAIRS REPLACE DETERIORATED INSULATION ON REFIGERANT LINES REPLACE NON-COMPLIANT VINYL DRYER VENT INSTALL EARTHQUAKE SHUT-OFF VALVE TO GAS LINE 245 1004 SANDPIPER WINDOWS & DOORS REPLACE DETERIORATED WINDOW FILM (TYPICAL THROUGHOUT) RESTORE ORGINAL ALUMINUM SLIDERS (TYPICAL FOR ALL SLIDING DOORS) FABRICATE MISSING SCREENS FOR LIVING ROOM SLIDING DOORS 246 1004 SANDPIPER PLASTER REPAIR EXTERIOR PLASTER REMOVE REFRIGERANT LINES, REPAIR PLASTER PLASTER REPAIR PLASTER REPAIR 247 APPENDIX C EXHIBIT D PENDING AND REQUIRED PROJECTS FOR HISTORIC PROPERTY 248 8 10-Year Property Improvement Plan For sample projects qualifying under the Mills Act see Appendix “A”. Attach additional sheets if necessary. Year Proposed Project Estimated Cost 1 2 3 4 5 6 7 8 9 10 This schedule will be attached as an exhibit to the Historic Property Preservation Agreement (Mills Act Contract). It may be revised or updated by mutual consent of the property owner(s) and the Cultural Resources Administrator in the Department of Building and Safety. All projects that affect the exterior of the property are subject to review and approval by the Cultural Resources Administrator and/or the Cultural Resources Preservation Committee before work begins. Work must meet all City requirements and the Secretary of the Interior’s Standards for Rehabilitation (Appendix B). BREEZE BLOCK: IN-KIND (SAME MATERIAL, DESIGN, SIZE AND SHAPE) REPAIR IN-KIND ROOF REPLACEMENT: TEAR-OFF & INSTALL IN-KIND NEW ROOF & FLASHING IN-KIND REPAIR/REFURBISH SKYLIGHTS EXPOSED WOOD RAFTERS DRY ROT: IN-KIND REPAIR/REPLACE STRUCTURAL FRAMING INSULATION: INSTALL UV/SOLAR FILM TO GLASS, THROUGHOUT PLUMBING: CLEAR DRAIN, WASTE, & VENT LINES (DWV) ELECTRICAL: COMPLETE REWIRE & SERVICE UPGRADE ELEC. BONDING REPLACE OULETS THROUGHOUT, UPGRADE TO GROUNDED NORTH & SOUTH PATIO RESTORATION: DEMO CERAMIC TILE, RESTORE ORIGNAL PLANTERS & PATIO FLOOR FINISHES DOOR REPAIR: REFURBISH EXISTING SLIDING DOORS & WINDOWS, THROUGHOUT PLUMBING: SERVICE/REFURBISH SEPTIC SYSTEM REPLACE WATER HEATER (TANKLESS) REPLACE ALNGLE STOPS, VINYL SUPPLY LINES, ETC. RECOAT FOAM ROOF CAP SHEET (IN-KIND, SAME MATERIAL AS ORIGINAL) I MECHANICAL: REMOVE & INSTALL COMPLETE NEW SYSTEM AIR CONDITIONING, HEATING UNIT RE-ROUTE REFRIGERANT LINES, RESTORE FINISHES CLEAN VENTILATION & DUCTWORK $5,500 $4,000 $12,000 $1,000 $3,500 $10,000 $5,000 $10,000 $7,500 $3,000 $7,000 $25,000 $2,500 $30,000 $3,500 $15,000 RECOAT FOAM ROOF CAP SHEET (IN-KIND, SAME MATERIAL AS ORIGINAL)$7,000 249 250 RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A MILLS ACT AGREEMENT BETWEEN THE CITY AND THE OWNER OF THE PROPERTY LOCATED AT 45666 SHADOW MOUNTAIN DRIVE CASE NOS. MILLS24-0002 WHEREAS, the City Council of the City of Palm Desert is authorized by California Government Code § 50280 et seq. (known as “the Mills Act”) to enter into contracts with the owners of qualified historical properties to provide for appropriate use, maintenance, and rehabilitation such that these historic properties retain their historic characteristics; and WHEREAS, the City Council of the City of Palm Desert has adopted Resolution No. 9136 (2000 Series), establishing the Mills Act Historic Property Tax Incentive Program as an ongoing historic preservation program to promote the preservation, maintenance, and rehabilitation of historic resources through financial incentives; and WHEREAS, the City Council of the Palm Desert has designated this property as a historic resource of the City of Palm Desert pursuant to the policies in the Title 29 of the Palm Desert Municipal Code; and WHEREAS, Andrew Stearn is the owner of that certain qualified real property, together with associated structures and improvement thereon, located on Assessor’s Parcel Number 640-293-003, located at 45666 Shadow Mountain Drive, in the City of Palm Desert, California; and WHEREAS, the City and the Owners, for their mutual benefit, now desire to enter into an agreement to limit the use of the property to prevent inappropriate alterations and to ensure that character-defining features are preserved and maintained in an exemplary manner, and repairs and improvements are completed as necessary to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. seq. of the Revenue and Taxation Code; and WHEREAS, the City Council conducted a meeting in the Council Chamber of City Hall, 73510 Fred Waring Drive, Palm Desert, California, on December 12, 2024, for the purpose of considering approval of the historic property preservation agreement, and has duly considered all evidence and testimony of the applicant and interested parties, and the evaluation and recommendation by staff, present at said hearing; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings: a) Environmental Resources Element Program 6.9.4 and 6.9.5 states that the City will require sites with significant cultural resources and structures to be preserved. 251 b) The subject property, located at 45666 Shadow Mountain Drive has been recognized as a historic landmark by the City Council by Resolution No. 2023- 51 on October 26, 2023. As such, maintaining the structure will meet the City’s goals for historic preservation listed in policies 6.9.4 and 6.9.5 of the Environmental Resources Element. SECTION 2. Environmental Determination. The City Council has determined that the above actions do not constitute a project, as defined in California Environmental Quali ty Act Guidelines § 15378 and are not subject to environmental review. SECTION 3. Historic Property Preservation Agreement Approved. The City Council hereby approves the Mills Act Agreement between the City of Palm Desert and the Owner of the Historic Property Located at 45666 Shadow Mountain Drive, to be entered into by the City and the property owners, Andrew Stearn. SECTION 4. City Manager Authorized to Sign Agreement for City. The City Council hereby authorizes the Community Development Director to execute said agreement on behalf of the Council of the City of Palm Desert. SECTION 5. 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. Anthony J. Mejia, MMC, the City Clerk of the City of Palm Desert is the custodian of the record of proceedings. SECTION 6. Effective Date. This Resolution shall become effective immediately upon its adoption. ADOPTED ON _______________. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK 252 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM DESERT ) I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, DO HEREBY CERTIFY that the foregoing Resolution No. 24-__ was duly adopted by the City Council of the City of Palm Desert at a regular meeting held on the ___ day of December, 2024 by the following vote of the Council: AYES: NOES: ABSENT: (SEAL) _________________________ ANTHONY J. MEJIA CITY CLERK 253 254 APPENDIX C Recording Requested by: ) When Recorded Mail to: ) ) CITY OF PALM DESERT ) 73-510 Fred Waring Drive ) Palm Desert, CA 92260 ) ) Attention: Cultural Resources ) Administrator ) ) ) ) (Space above for Recorder’s Office) HISTORIC PROPERTY PRESERVATION AGREEMENT (“MILLS ACT CONTRACT”) between THE CITY OF PALM DESERT a California municipal corporation and Andrew Stearn Owner(s) of the property located at 45666 Shadow Mountain Drive APN 640-293-003 --------- 255 APPENDIX C HISTORIC PROPERTY PRESERVATION AGREEMENT (“MILLS ACT CONTRACT”) This agreement (“Agreement”) is made this _____ day of _________ 20__, by and between the City of Palm Desert, a California municipal corporation (“City”), and Andrew Stearn (“Owner”). RECITALS 1. California Government Code section 50280, et. seq. allow cities the discretion to enter into contracts with the owners of qualified historic properties, as defined in Government Code section 50280.1, for the purpose of providing for the use, maintenance, protection, and restoration of such historic property, so as to retain its characteristics as property of historic significance; and 2. Owner holds fee title to that certain real property, together with associated structures and improvements thereon, generally located at 45666 Shadow Mountain Drive within the City of Palm Desert, California (“Historic Property”). A legal description of the Historic Property is attached hereto as Exhibit “A,” and incorporated herein by this reference; and 3. On October 26, 2023 the City Council designated the Historic Property as a historic resource, pursuant to the terms and provisions of Title 29 of the Palm Desert Municipal Code; and 4. City and Owner desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property that help provide the community with its own unique civic identity and character; and 5. Owner, in consideration for abiding by the terms of this Agreement, shall be entitled to qualify for a reassessment of valuation of the Historic Property, pursuant to the provisions of Chapter 3, Part 2, of Division 1 of the California Revenue and Taxation Code, and any corresponding adjustment in property taxes resulting therefrom. TERMS NOW, THEREFORE, the City and Owner, in consideration of mutual covenants and conditions set forth herein, do hereby agree as follows: 1. Effective Date and Term of Agreement. This Agreement shall be effective and 256 APPENDIX C commence on December 12, 2024 (“Effective Date”), and shall remain in effect for a term of ten (10) years thereafter. 2. Yearly Renewal. Each year upon the anniversary of the Effective Date (“Renewal Date”), an additional one (1) year shall automatically be added to the remaining term of the Agreement, unless a notice of nonrenewal is delivered as provided in Section 3 of this Agreement. 3. Nonrenewal. If either the Owner or City desires at any point not to renew this Agreement, Owner or City shall serve a written notice of nonrenewal upon the party in advance of the Renewal Date (“Notice of Nonrenewal”). The Notice of Nonrenewal shall be effective, only if served by Owner upon City at least ninety (90) days prior to the Renewal Date, or if served by City upon Owner, the Notice of Nonrenewal shall be effective, only if served upon Owner at least sixty (60) days prior to the Renewal Date. If either City or Owner serves a Notice of Nonrenewal in any year, this Agreement shall remain in effect for the balance of the remaining Agreement term. 4. Owner Protest of City Nonrenewal. Within fifteen (15) days of Owner’s receipt of the Notice of Nonrenewal from the City, Owner may file with the City a written protest of the Notice of Nonrenewal. Upon receipt of the written protest, the City Council shall set a hearing prior to the expiration of the Renewal Date of this Agreement. Owner may furnish to the City Council any information that Owner deems relevant, and shall furnish that which is requested or required by the City Council. The City Council may, at any time prior to the annual Renewal Date, withdraw its Notice of Nonrenewal. 5. Standards for Historical Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions: A. Owner shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Attached hereto as Exhibit “B” and incorporated herein by this reference, is a list of the minimum standards and conditions for the maintenance, use, protection, and preservation of the Historic Property, which shall be complied with by Owner at all times throughout the term of this Agreement. In addition, Owner shall comply with the terms of the City’s Cultural Resources Ordinance 1168 (Title 29 of the Palm Desert Municipal Code), and shall obtain any and all applicable permits 257 APPENDIX C necessary to protect, preserve, restore, and rehabilitate the Historic Property, so as to maintain its historical and cultural significance. B. Owner shall, where necessary, repair, maintain, restore, and rehabilitate the Historic Property according to the rules and regulations of both the Office of Historic Preservation of the State Department of Parks and Recreation, and the City of Palm Desert. The condition of the Historic Property’s exterior on the Effective Date of this Agreement is documented in the photographs attached hereto as Exhibit “C” and incorporated herein by this reference. At a minimum, Owner shall continually maintain the exterior of the Historic Property in the same condition as documented and depicted in Exhibit “C.” C. Owner shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in Exhibit “D,” attached hereto and incorporated herein by this reference. All such projects shall be undertaken and completed in accordance with both the Secretary of Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, in addition to the City of Palm Desert’s design guidelines. D. Owner shall not be permitted to block the view corridor with any new structure such as walls, fences or shrubbery, so as to prevent the view of the Historic Property from the public right-of-way. 6. Periodic Examinations. Upon reasonable advance notice, Owner shall allow reasonable periodic examinations of the exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization and/or the City, as may be necessary to determine Owner’s compliance with the terms and provisions of this Agreement. 7. Provision of Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by the City, which the City deems necessary or advisable to determine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement. 8. Breach of Agreement; Remedies. A. Notice of Breach; Opportunity to Cure. If Owner breaches any provision of this Agreement, City may give written notice to Owner by registered or certified mail, detailing Owner’s violations. If such violation is not corrected to the 258 APPENDIX C reasonable satisfaction of City within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion), the City may, without further notice, declare Owner to be in breach of this Agreement. Upon City’s declaration of Owner’s breach of this Agreement, City may pursue any and all remedies available pursuant to local, state, or federal law, including those specifically provided for in this section. B. Remedy - Termination. City may terminate this Agreement, if the City determines, following a duly noticed public hearing in accordance with Government Code section 50286, that: 1.) Owner breached any of the conditions of this Agreement; 2.) Owner allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historic property or; 3.) Owner failed to maintain and preserve the Historic Property in accordance with the terms of this Agreement. If this Agreement is terminated pursuant to this paragraph, Owner shall pay a cancellation fee to the Office of the Auditor for the County of Riverside, as required by Government Code section 50286. C. Alternative Remedies. As an alternative to termination of this Agreement for Owner’s breach of any condition, City may bring an action in court necessary to enforce this Agreement including, but not limited to, an action to enforce this Agreement by specific performance, injunction, or receivership. 9. Destruction of Property; Eminent Domain; Termination. If the Historic Property is destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of the City Building Official more than sixty percent (60%) of the original fabric of the structure must be replaced, this Agreement shall be terminated, because the historic value of the structure will have been deemed destroyed. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City Council to frustrate the purpose of this Agreement, this Agreement shall be terminated. No cancellation fee pursuant to Government Code section 50286 shall be imposed if the Agreement is terminated, pursuant to this Section. 10. Waiver. City does not waive any claim of default by Owner, if City does not enforce or terminate this Agreement. All other remedies at law or in equity which are not otherwise 259 APPENDIX C provided for in this Agreement or in City’s regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 11. Binding Effect of Agreement. Owner hereby subjects the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, conditions, and restrictions set forth herein shall be deemed covenants running with the land and shall inure to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions set forth in this Agreement, deed, or other instrument. 12. Covenants Run with the Land. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that it restricts development of the Historic Property. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the cultural and historical characteristics and significance of the Historic Property for the benefit of the public and the Owner. 13. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto: City: City of Palm Desert Department of Building and Safety 73-510 Fred Waring Drive Palm Desert, CA 92260 Owner: Andrew Stearn 1841 Wellington Road Los Angeles, CA 90019 14. Effect of Agreement. None of the terms, provisions or conditions of this Agreement 260 APPENDIX C shall be deemed to create a partnership between the parties hereto or any of their heirs, successors or assigns, nor shall such terms, provisions or conditions cause the parties to be considered joint venturers or members of any joint enterprise. 15. Indemnity of City. Owner shall defend, indemnify, and hold harmless City and its elected officials, officers, agents and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use operation, or maintenance of the Historic Property by Owner or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) Owner’s activities in connection with the Historic Property; and (iii) any restrictions on the use or development of the Historic Property, from application or enforcement of Title 29 of the City’s Municipal Code, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. Owner’s obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, employees, or agents. 16. Binding Upon Successors. All of the agreements, rights, covenants, reservations and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever. 17. Legal Costs. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, conditions or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorneys’ fees to be fixed by the court, in addition to court costs and other relief ordered by the court. 18. Severability. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. 261 APPENDIX C 19. Recordation. No later than twenty (20) days after the Effective Date, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Riverside. Owner shall provide written notice of the contract to the State Office of Historic Preservation within six (6) months of entering into the contract. 20. Amendments. This Agreement may be amended, in whole or in part, only by written recorded instrument executed by the parties hereto. 21. Governing Law and Venue. This Agreement shall be construed and governed in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. 262 APPENDIX C IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first above written. Dated: CITY OF PALM DESERT By ATTESTED TO: By Dated: ____________________ Owner ,Owner ,Owner APPROVED AS TO FORM City Attorney 263 APPENDIX C 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 RIVERSIDE ) On , before me, , the undersigned, a notary public in and for said State, personally appeared personally known to me (or 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. WITNESS my hand and official seal. Notary Signature 264 APPENDIX C EXHIBIT A PROPERTY DESCRIPTION Real property in the City of Palm Desert, County of Riverside, State of California, described as follows: Lot 29 in Block D-6 of Palm Desert Unit No. 6 in the City of Palm Desert, County of Riverside, State of California, as per map recorded in Book 24, Page(s) 28 and 29 of Maps in the Office of the County Recorded of Riverside County APN: 640-293-003 265 APPENDIX C EXHIBIT B MINIMUM STANDARDS AND CONDITIONS FOR MAINTENANCE, USE, PROTECTION, AND PRESERVATION OF HISTORIC PROPERTY 1. The Historic District Property shall comply with all regulations of Title 8 and Title 9 of the Palm Desert Municipal Code, including the definition of “Good Repair” as outlined in Section 29.20 and 29.60.160; 2. The Historic Property shall continue to be maintained in a manner consistent with the level of maintenance that has customarily been employed at the property and consistent with the typical condominium development in the Palm Desert Area. 3. The Historic Property shall not have non-operational vehicles or portions of them in public view. 4. The Historic Property Shall not have stagnant or standing water. 5. The Historic Property Shall not have overgrown or decaying landscaping. All landscape features should be maintained including, but not limited to, grass, trees, and any plantings. 6. The Historic Property shall prominently display and properly maintain its City Landmark plaque. 266 APPENDIX C EXHIBIT C EXTERIOR PHOTOGRAPHS OF HISTORIC PROPERTY 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 APPENDIX C EXHIBIT D PENDING AND REQUIRED PROJECTS FOR HISTORIC PROPERTY Year Proposed Project Estimated Cost 1 Electrical – complete require, service and upgrade $11,000 2 Door – Replace exterior historic door $10,000 3 Window – repair and/or replace front exterior windows + sliding glass door $15,000 4 Painting – exterior of house $13,000 5 Interior trim – refinish per historical report, beams need to be refurbished $7,500 6 HVAC – maintenance/repair and possible replacement $10,000-$35,000 7 Pluming – upgrade system $5,000-$20,000 8 Weather proofing (windows, doors) $2,500-$6,000 9 Patch repair roof $20,000-$30,000 10 Repair and update contributing swimming pool and landscaping $20,000 290 Page 1 of 2 PALM DESERT HOUSING AUTHORITY STAFF REPORT MEETING DATE: December 12, 2024 PREPARED BY: Celina Cabrera, Management Analyst SUBJECT: REJECT ALL PROPOSALS SUBMITTED FOR POOL, SPA, AND WATER FEATURE MAINTENANCE AND REPAIR AT HOUSING AUTHORITY PROPERTIES RECOMMENDATION: 1. Reject all proposals submitted for Pool, Spa, and Water Feature Maintenance and Repair at Housing Authority Properties. 2. Authorize staff to resolicit and advertise for pool and water feature maintenance and repair services at the Palm Desert Housing Authority residential rental properties. BACKGROUND/ANALYSIS: The Palm Desert Housing Authority currently has a Pool, Spa, and Water Feature Maintenance and Repair Agreement with Service First, Inc., for an annual cost of $138,573.11. The agreement expires on December 31, 2024. Staff released a request for proposal for Pool, Spa, and Water Feature Maintenance and Repair on October 16, 2024, on the City of Palm Desert’s online bid management provider, OpenGov, as well as in the Desert Sun newspaper. Responses were due on November 19, 2024. Only one proposal was received. Proposer Proposed Annual Amount Service First, Inc. $380,818.44 The proposal submitted is nearly three times the current annual contract amount, making it unfeasible for the affordable housing budget. Qualified proposers must be available for daily maintenance service, respond within two hours in an emergency, be registered with the Department of Industrial Relations, hold a C-53 pool contractor license, and pay prevailing wage on repairs. The Housing Authority will republish the request for proposal. In the interim, local qualified companies are being contacted to submit quotes for service to ensure no interruption with the legally required maintenance and service on the commercial pools, spas, and water feature at Authority properties. Legal Review: This report has been reviewed by the City Attorney’s Office. 291 Palm Desert Housing Authority Reject Pool, Spa, and Water Feature Maintenance and Repair Proposals Page 2 of 2 Appointed Body Recommendation: The Housing Commission will review this recommendation at its regular meeting on December 11, 2024. Upon request, a verbal report will be provided at the Authority’s regular meeting on December 12, 2024. FINANCIAL IMPACT: There is no direct fiscal impact related to this action except staff’s time to resolicit and the cost to advertise for pool and water feature maintenance and repair services at the Palm Desert Housing Authority residential rental properties. Funds for the contract are budgeted in the Housing fund. There is no impact to the General fund. 292 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 12, 2024 PREPARED BY: Shelby Goodwin, Special Events Coordinator SUBJECT: APPROVAL OF THE 2025 USA WOMEN’S MARATHON & HALF MARATHON RECOMMENDATION: 1. Temporary waiver of Palm Desert Municipal Code (PDMC) sections: a. 11.01.20 (Hours of Use in City Parks) b. 11.01.140 (Amplified Sound in City Parks) c. 11.01.080.O (Placement of Advertising Signage in City Parks) d. 11.01.080 Q (Vendor Sales in City Parks) e. 11.01.080 W (Possession/Consumption of Alcohol in City Parks) pursuant to PDMC 9.58.040 2. Authorize the City Manager to execute any documents that may be necessary to facilitate the event. BACKGROUND/ANALYSIS: The USA Women’s Marathon and Half Marathon is scheduled to take place on Saturday, January 11, 2025, in Palm Desert. The event will start and end at the Palm Desert Civic Center Park where pre- and post-event activities will take place. Such activities include prerecorded music, an awards ceremony, and a lifestyle expo focusing on recreation and fitness. In addition, champagne mimosas will be available in a gated area that will require a permit from the Department of Alcohol and Beverage Control. This marks the return of the USA Women's Marathon and Half Marathon to Palm Desert after the last event in 2019. Although organizers planned a 2020 event, it was canceled due to the COVID-19 pandemic. USA Endurance Events, which hosts similar luxury running events in Florida, Tennessee, Arizona, and Texas, is the event organizer. Marathon & Half Marathon Course: The marathon course will begin and end at the Palm Desert Civic Center Park and will require full closure of San Pablo from Fred Waring to Magnesia Falls, as well as a full closure of Magnesia Falls Drive from Portola Avenue to Monterey Avenue. The course will also require closure of the lane adjacent to the curb at the following locations: northbound Monterey Avenue from Magnesia Falls to Country Club, eastbound Country Club to Portola, southbound Oasis Club Drive to Hovley Lane East. From Hovely Ln. East to Civic Center Park, the westbound lane adjacent to the curb and the middle lane will be closed. The half marathon will cover this route once, while marathon participants will complete it twice. Note that this is the same course that was used in 2019 (previous traffic control plan attached for reference). 293 City of Palm Desert USA Women’s Marathon and Half Marathon Page 2 of 2 Public Safety: To ensure public safety, extensive police services will be in place along the course. Palm Desert Citizens on Patrol (COPS) will assist with volunteer support, helping offset some of the costs. Once the event is approved, staff will collaborate with the event producers, police, and fire departments to ensure the proper level of traffic control and public safety measures are implemented. Traffic Control/Impacts: Upon approval of the event, staff will work with the event producer and appropriate City departments to finalize a traffic control plan. Businesses and residents along the course will experience short periods of delayed access as runners pass through the area. However, where possible, the road closures and barricades along the course will allow residents/drivers to proceed with the assistance of designated public safety officer s or COPS volunteers. In addition, traffic control cleanup will follow the last runner to ensure timely reopening of roads. Legal Review: This report has been reviewed by the City Attorney’s Office. Strategic Plan: Approval of the USA Woman’s Marathon & Half Marathon Event would impact the following priorities outlined in the 2013-2033 Strategic Plan, Envision Palm Desert – Forward Together: Parks and Recreation Priority 3: Make recreational and exercise opportunities available in all public spaces. Economic Development Priority 3: Create and attract entertainment and events to enhance and expand the Palm Desert economy and lifestyle. Tourism and Marketing Priority 2: Grow existing events and develop new events to enhance the desirability of Palm Desert as a year-round destination. FINANCIAL IMPACT: As part of the FY 2024/2025 Budget, the City Council approved a community event sponsorship in the amount of $5,000 for this event. Funds are available in Account Number 1104800- 4306201. All other costs associated with the event will be the responsibility of the organizer. ATTACHMENT: 1. 2019 Traffic Control Plan (for reference) 294 295 USA Women’s Half & Full Marathon USA Endurance Events Tops N Barricades, Inc. (800)852-TOPS 2 of 3XX 6/17/19 Ron Fifield Pending Lee Ann 619-368-9944 296 USA Women’s Half & Full Marathon USA Endurance Events Tops N Barricades, Inc. (800)852-TOPS 3 of 3XX 6/18/19 Ron Fifield Pending Lee Ann 619-368-9944 297 298 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 12, 2024 PREPARED BY: Veronica Chavez, Director of Finance Skky Garcia, Management Analyst SUBJECT: RESOLUTIONS AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR THE IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX AND THE AUTHORIZATION OF EXAMINATION OF RECORDS RECOMMENDATION: 1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS AND US E TAX.” 2. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY OF PALM DESERT AUTHORIZING EXAMINATION OF SALES AND TRANSACTIONS AND USE TAXES RECORDS.” BACKGROUND/ANALYSIS: On June 13, 2024, the City Council unanimously adopt ed Resolution No. 2024-031, 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, proposed a one cent (1ȼ) general transaction and use tax (sales tax). According to the certified results from the Riverside County Registrar of Voters, Measure G was approved by a majority of votes cast in Palm Desert. On December 12, 2024, the City Council is anticipated to adopt a resolution reciting the facts of the General Municipal Election and declaring the results based on the Riverside County Registrar’s Official Canvass Certificate and Official Statement of Votes Cast for Palm Desert. Following the declaration of election results, the sales tax will become operative on April 1, 2025, and will remain in effect until repealed by voters. Measure G provides that prior to the sales tax operative date, the City must contract with the California Department of Tax and Fee Administration (“Department”) to administer and operate the sales tax ordinance. The City is required to execute the Department’s agreement package and other pertinent forms. While some components of the agreement package can be processed administratively by staff, City Council approval is required for the following: 299 City of Palm Desert Execution of CDTFA Agreements – Local Transactions and Use Tax Page 2 of 3 1. Resolution Authorizing the City Manager to Execute the Department Agreements The resolution includes the following two exhibits: Exhibit 1: Preparatory Agreement This agreement outlines the preparatory work required to administer the sales tax, including developing procedures, programming for data processing, designing forms, training staff, and other necessary tasks. Preparatory costs, as outlined in Revenue and Taxation Code Section 7272, are capped at $175,000 and include both direct and indirect expenses. Exhibit 2: Administrative Agreement This agreement authorizes the Department to exclusively perform all functions related to the administration and operation of the sales tax ordinance. The Department will collect and transmit the tax revenue to the City, deducting administrative costs as specified by law. 2. Resolution Authorizing Examination of Confidential Tax Records This resolution designates authorized personnel, including the City Manager, Assista nt City Manager, Finance Director, and the City’s consultant, Avenu Insights & Analytics, LLC (AKA Muniservices, LLC), to examine confidential sales tax records maintained by the Department. This authorization complies with Revenue and Taxation Code Sectio n 7056. Once the resolutions are adopted and agreements executed, the Department will proceed with implementing the sales tax on the City’s behalf. The sales tax is scheduled to become operative on April 1, 2025. Spending Priorities and Transparency Measure G funds will serve as a critical resource to support identified priorities, ensuring continued investment in public safety, infrastructure, and essential services. The City Council has previously adopted a Five-Year Spending Plan and Priorities (Resolution No. 2024-034), which provides a framework for how these revenues will be allocated. The spending plan highlights the City’s commitment to transparency and accountability by prioritizing investments in the following areas: Public Safety o Fire prevention and emergency response, including construction and rehabilitation of fire stations and staffing enhancements. o Additional sworn law enforcement officers and technology upgrades to support proactive crime prevention and traffic enforcement. Infrastructure Improvements o Flood control measures, retention basin enhancements, and citywide facility maintenance. 300 City of Palm Desert Execution of CDTFA Agreements – Local Transactions and Use Tax Page 3 of 3 Parks and Recreation o Development of the North Sphere Regional Park. o Completion of the Palm Desert Library construction project. Financial Stability o Replenishment of emergency and operational reserves to ensure resilience during unforeseen events. The City remains committed to the responsible administration of Measure G revenues. Updates on the implementation of spending priorities will be p rovided regularly to the City Council, Finance Committee, and the community. These updates will include reports on expenditures, progress on approved projects, and outcomes of related initiatives. Additionally, all expenditures will undergo annual audits to confirm compliance with the Five-Year Spending Plan and ensure alignment with the community’s priorities. FINANCIAL IMPACT: Approval of these resolutions will enable the collection of sales tax, which is estimated to generate $25 million annually. ATTACHMENTS: 1. Draft Resolution – Department Agreements a. Exhibit A - Preparatory Agreement b. Exhibit B - Administrative Agreement 2. Draft Resolution – Examination of Records 301 302 RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX WHEREAS, on December 12, 2024, the City Council approved Ordinance No. 1424 amending the City Municipal Code and providing for a local transactions and use tax: and WHEREAS, the California Department of Tax and Fee Administration (Department) administers and collects the transactions and use taxes for all applicable jurisdictions within the state; and WHEREAS, the Department will be responsible to administer and collect the transactions and use tax for the City; and WHEREAS, the Department requires that the City enter into a “Preparatory Agreement” and an “Administration Agreement” prior to implementation of said ta xes, and WHEREAS, the Department requires that the City Council authorize the agreements: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Preparatory Agreement” attached as Exhibit A and the “Administrative Agreement” attached as Exhibit B are hereby approved and the City Manager is hereby authorized to execute each agreement. ADOPTED ON DECEMBER 12, 2024. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK 303 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 304 EXHIBIT A (Rev. 07/24) 2 AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE CITY'S TRANSACTIONS AND USE TAX ORDINANCE In order to prepare to administer a transactions and use tax ordinance adopted in accordance with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, the City of Palm Desert, California, hereinafter called City, and the CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION, hereinafter called Department, do agree as follows: 1. The Department agrees to enter into work to prepare to administer and operate a transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code which has been approved by a majority of the electors of the City and whose ordinance has been adopted by the City. 2. City agrees to pay to the Department at the times and in the amounts hereinafter specified all of the Department's costs for preparatory work necessary to administer the City's transactions and use tax ordinance. The Department's costs for preparatory work include costs of developing procedures, programming for data processing, developing and adopting appropriate regulations, designing and printing forms, developing instructions for the Department's staff and for taxpayers, and other appropriate and necessary preparatory costs to administer a transactions and use tax ordinance. These costs shall include both direct and indirect costs as specified in Section 11256 of the Government Code. 3. Preparatory costs may be accounted for in a manner which conforms to the internal accounting and personnel records currently maintained by the Department. The billings for costs may be presented in summary form. Detailed records of preparatory costs will be retained for audit and verification by the City. 4. Any dispute as to the amount of preparatory costs incurred by the Department shall be referred to the State Director of Finance for resolution, and the Director's decision shall be final. 5. Preparatory costs incurred by the Department shall be billed by the Department periodically, with the final billing within a reasonable time after the operative date of the ordinance. City shall pay to the Department the amount of such costs on or before the last day of the next succeeding month following the month when the billing is received. 305 EXHIBIT A (Rev. 07/24) 2 6. The amount to be paid by City for the Department's preparatory costs shall not exceed one hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.) 7. Communications and notices may be sent by first class United States mail or through email at jservices@cdtfa.ca.gov. If and when communications and notices may include confidential information, communications and notices must be sent through encrypted email at jservices@cdtfa.ca.gov or by mail. Communications and notices to be sent to the Department shall be addressed to: California Department of Tax and Fee Administration P.O. Box 942879 MIC: 27 Sacramento, California 94279-0027 Attention: Administrator Local Revenue Branch Communications and notices to be sent to City shall be addressed to: City of Palm Desert Attention: City Manager & City Clerk 73510 Fred Waring Drive Palm Desert, CA 92260 8. The date of this agreement is the date on which it is approved by the Department of General Services. This agreement shall continue in effect until the preparatory work necessary to administer City's transactions and use tax ordinance has been completed and the Department has received all payments due from City under the terms of this agreement. CITY OF PALM DESERT CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION By_________________________________ By _________________________________ (Signature) Administrator Local Revenue Branch Todd Hileman Date: _______________________________ City Manager Date: _______________________________ 306 EXHIBIT B (Rev. 7/24) 1 AGREEMENT FOR STATE ADMINISTRATION OF CITY TRANSACTIONS AND USE TAXES The City Council of the City of Palm Desert has adopted, and the voters of the City of Palm Desert (hereafter called “City” or “District”) have approved by the required majority vote, the City of Palm Desert Transactions and Use Tax Ordinance (hereafter called “Ordinance”), a copy of which is attached hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code and the Ordinance, the California State Department of Tax and Fee Administration, (hereinafter called the “Department”) and the City do agree as follows: ARTICLE I DEFINITIONS Unless the context requires otherwise, wherever the following terms appear in the Agreement, they shall be interpreted to mean the following: 1. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed under an ordinance specifically authorized by Revenue and Taxation code Section 7285.9, and in compliance with Part 1.6, Division 2 of the Revenue and Taxation Code. 2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to above and attached hereto, Ordinance No. 1424, as amended from time to time, or as deemed to be amended from time to time pursuant to Revenue and Taxation Code Section 7262.2. ARTICLE II ADMINISTRATION AND COLLECTION OF CITY TAXES A. Administration. The Department and City agree that the Department shall perform exclusively all functions incident to the administration and operation of the City Ordinance. 307 EXHIBIT B (Rev. 7/24) 2 B. Other Applicable Laws. City agrees that all provisions of law applicable to the administration and operation of the Department Sales and Use Tax Law which are not inconsistent with Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from that Fund for any authorized purpose, including making refunds, compensating and reimbursing the Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which City is entitled. C. Transmittal of money. 1. For the period during which the tax is in effect, and except as otherwise provided herein, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City periodically as promptly as feasible, but not less often than twice in each calendar quarter. 2. For periods subsequent to the expiration date of the tax whether by City’s self-imposed limits or by final judgment of any court of the State of California holding that City’s ordinance is invalid or void, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City not less than once in each calendar quarter. 3. Transmittals may be made by mail or electronic funds transfer to an account of the City designated and authorized by the City. A statement shall be furnished at least quarterly indicating the amounts withheld pursuant to Article IV of this Agreement. D. Rules. The Department shall prescribe and adopt such rules and regulations as in its judgment are necessary or desirable for the administration and operation of the City Ordinance and the distribution of the district taxes collected thereunder. E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this Agreement, the Department shall give no preference in applying money received for state sales and use taxes, state-administered local sales and use taxes, and district transactions and use taxes owed by a taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties, cities and counties, redevelopment agencies, other districts, and City as their interests appear. 308 EXHIBIT B (Rev. 7/24) 3 F. Security. The Department agrees that any security which it hereafter requires to be furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be available for the payment of the claims of City for district taxes owing to it as its interest appears. The Department shall not be required to change the terms of any security now held by it, and City shall not participate in any security now held by the Department. G. Records of the Department. When requested by resolution of the legislative body of the City under section 7056 of the Revenue and Taxation Code, the Department agrees to permit authorized personnel of the City to examine the records of the Department, including the name, address, and account number of each seller holding a seller’s permit with a registered business location in the City, pertaining to the ascertainment of transactions and use taxes collected for the City. Information obtained by the City from examination of the Department's records shall be used by the City only for purposes related to the collection of transactions and use taxes by the Department pursuant to this Agreement. H. Annexation. City agrees that the Department shall not be required to give effect to an annexation, for the purpose of collecting, allocating, and distributing District transactions and use taxes, earlier than the first day of the calendar quarter which commences not less than two months after notice to the Department. The notice shall include the name of the county or counties annexed to the extended City boundary. In the event the City shall annex an area, the boundaries of which are not coterminous with a county or counties, the notice shall include a description of the area annexed and two maps of the City showing the area annexed and the location address of the property nearest to the extended City boundary on each side of every street or road crossing the boundary. ARTICLE III ALLOCATION OF TAX A. Allocation. In the administration of the Department's contracts with all districts that impose transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2 of the Revenue and Taxation Code: 1. Any payment not identified as being in payment of liability owing to a designated district or districts may be apportioned among the districts as their interest appear, or, in the discretion 309 EXHIBIT B (Rev. 7/24) 4 of the Department, to all districts with which the Department has contracted using ratios reflected by the distribution of district taxes collected from all taxpayers. 2. All district taxes collected as a result of determinations or billings made by the Department, and all amounts refunded or credited may be distributed or charged to the respective districts in the same ratio as the taxpayer's self-declared district taxes for the period for which the determination, billing, refund or credit applies. B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for registration or on the certificate of ownership may be used by the Department in determining the place of use. ARTICLE IV COMPENSATION The City agrees to pay to the Department as the State's cost of administering the City Ordinance such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the Department for the City. ARTICLE V MISCELLANEOUS PROVISIONS A. Communications. Communications and notices may be sent by first class United States mail to the addresses listed below, or to such other addresses as the parties may from time to time designate or through email at jservices@cdtfa.ca.gov. If and when communications and notices may include confidential information, communications and notices must be sent through encrypted email at jservices@cdtfa.ca.gov or by mail. 310 EXHIBIT B (Rev. 7/24) 5 Communications and notices to be sent to the Department shall be addressed to: California State Department of Tax and Fee Administration P.O. Box 942879 Sacramento, California 94279-0027 Attention: Administrator Local Revenue Branch Communications and notices to be sent to the City shall be addressed to: City of Palm Desert Attn: City Manager 73510 Fred Warning Drive Indio, CA 92260 Unless otherwise directed, transmittals of payment of District transactions and use taxes will be sent to the address above. B. Term. The date of this Agreement is the date on which it is approved by the Department of General Services. The Agreement shall take effect on April 1, 2025. This Agreement shall continue until December 31 next following the expiration date of the City Ordinance, and shall thereafter be renewed automatically from year to year until the Department completes all work necessary to the administration of the City Ordinance and has received and disbursed all payments due under that Ordinance. C. Notice of Repeal of Ordinance. City shall give the Department written notice of the repeal of the City Ordinance not less than 110 days prior to the operative date of the repeal. 311 EXHIBIT B (Rev. 7/24) 6 ARTICLE VI ADMINISTRATION OF TAXES IF THE ORDINANCE IS CHALLENGED AS BEING INVALID A. Impoundment of funds. 1. When a legal action is begun challenging the validity of the imposition of the tax, the City shall deposit in an interest-bearing escrow account, any proceeds transmitted to it under Article II. C., until a court of competent jurisdiction renders a final and non-appealable judgment that the tax is valid. 2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall transmit to the Department the moneys retained in escrow, including any accumulated interest, within ten days of the judgment of the trial court in the litigation awarding costs and fees becoming final and non-appealable. B. Costs of administration. Should a final judgment be entered in any court of the State of California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that: 1. Department may retain all payments made by City to Department to prepare to administer the City Ordinance. 2. City will pay to Department and allow Department to retain Department's cost of administering the City Ordinance in the amounts set forth in Article IV of this Agreement. 3. City will pay to Department or to the State of California the amount of any taxes plus interest and penalties, if any, that Department or the State of California may be required to rebate or refund to taxpayers. 4. City will pay to Department its costs for rebating or refunding such taxes, interest, or penalties. Department's costs shall include its additional cost for developing procedures for processing 312 EXHIBIT B (Rev. 7/24) 7 the rebates or refunds, its costs of actually making these refunds, designing and printing forms, and developing instructions for Department's staff for use in making these rebates or refunds and any other costs incurred by Department which are reasonably appropriate or necessary to make those rebates or refunds. These costs shall include Department's direct and indirect costs as specified by Section 11256 of the Government Code. 5. Costs may be accounted for in a manner, which conforms to the internal accounting, and personnel records currently maintained by the Department. The billings for such costs may be presented in summary form. Detailed records will be retained for audit and verification by City. 6. Any dispute as to the amount of costs incurred by Department in refunding taxes shall be referred to the State Director of Finance for resolution and the Director's decision shall be final. 7. Costs incurred by Department in connection with such refunds shall be billed by Department on or before the 25th day of the second month following the month in which the judgment of a court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter Department shall bill City on or before the 25th of each month for all costs incurred by Department for the preceding calendar month. City shall pay to Department the amount of such costs on or before the last day of the succeeding month and shall pay to Department the total amount of taxes, interest, and penalties refunded or paid to taxpayers, together with Department costs incurred in making those refunds. CITY OF PALM DESERT CALIFORNIA STATE DEPARTMENT OF TAX AND FEE ADMINISTRATION By_________________________________ By (Signature) Administrator Local Revenue Branch Todd Hileman Date: _______________________________ City Manager (Date) 313 314 RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY OF PALM DESERT AUTHORIZING EXAMINATION OF SALES OR TRANSACTIONS AND USE TAXED RECORDS WHEREAS, pursuant to Ordinance Number 1424 of City of Palm Desert (District), and Revenue and Taxation Code section 7270, the District entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of transactions and use taxes; and WHEREAS, the Board of the District deems it desirable and necessary for authorized officers, employees and representatives of the District to examine confidential sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected by the Departm ent for the District pursuant to that contract; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department; Now, therefore, the board of the district of City of Palm Desert hereby resolves as follows: Section 1. That the City Manager, Assistant City Manager and Finance Director, or other officer or employee of the District designated in writing by the City Manager to the California Department of Tax and Fee Administration is here by appointed to represent the District with authority to examine sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected for the District by the Department pursuant to the contract between the District and the Department. Section 2. The information obtained by examination of Department records shall be used only for purposes related to the collection of District transactions and use taxes by the Department pursuant to that contract, and for purposes related to the following governmental functions of the District: (a) Budget Planning (b) Economic Development (c) Transportation Planning 315 Resolution No. 2024-____ Page 2 The information obtained by examination of Department records shall be used only for those governmental functions of the District listed above. Section 3. That Avenu Insights & Analytics, LLC (AKA Muniservices, LLC) is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected for the District by the Department. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the District and the Muniservices, LLC: a) has an existing contract with the District to examine those sales or transactions and use tax records; b) is required by that contract to disclose informa tion contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information. c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract; d) is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired. NOW, THEREFORE, BE IT RESOLVED that the information obtained by examination of Department records shall be used only for purposes related to the collection of District transactions and use taxes by the Department pursuant to the contract between the District and the Department [and fo r those purposes relating to the governmental functions of the District listed in section 2 of this resolution . Section 5. That this resolution supersedes all prior resolutions of the Board of the District adopted pursuant to subdivision (b) of Revenue and Taxation Code section 7056. INTRODUCED, APPROVED AND ADOPTED ON DECEMBER 12,2024. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK 316 Resolution No. 2024-____ Page 3 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on _______________________, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ___________________. ANTHONY J. MEJIA CITY CLERK 317 318 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 12, 2024 PREPARED BY: Shawn Muir, Community Services Manager SUBJECT: ACCEPT THE PALMA VILLAGE PARK IMPROVEMENTS AS COMPLETE, AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION (PROJECT NO. MPK00007) RECOMMENDATION: 1. Accept Contract No. C47470 for the Palma Village Park Improvements, Project No. MPK00007, as completed in accordance with the plans and specifications. 2. Authorize the Mayor to execute and the City Clerk to file the Notice of Completion. BACKGROUND/ANALYSIS: On April 25, 2024, the City Council awarded Contract No. C47470 to Western State Builders, Inc., in the amount of $381,437, with an additional $78,000 contingency, to construct improvements at Palma Village Park. Work commenced on October 21, 2024, and the following new improvements were made at Palma Village Park: Park Furnishings (3 picnic tables, 8 benches, 2 trash receptacles, 1 BBQ grill, 1 drinking fountain and 1 shade structure) Landscaping, hardscaping, and irrigation system Concrete pavement On December 2, 2024, City staff conducted a final inspection with the contractor and confirmed that the project had been completed in accordance with the contract requirements. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no further financial impact associated with this action. The unused contingency funds in the amount of $78,000 will be returned to the Capital Projects Fund Balance for reallocation. ATTACHMENTS: 1. Notice of Completion 2. Vicinity Map 319 320 C:\Program Files\eSCRIBE\TEMP\19265662314\19265662314,,,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 627-143-007 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 2nd day of December, 2024, work of improvement described as Palma Village Park Improvements, Project No. MPK00007 Contract No. C47470, on the real property herein described was completed. 5. That the name of the original contractor, if any, for said work of improvement was: Western State Builders, ,Inc. 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 Palma Village Park on San Carlos Avenue in Palm Desert, California, 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 321 322 SA N P A S C U A L A V E SAN CARLOS AVE SAN PASCUAL AVE D E A N Z A W A Y Copyright nearmap 2015 Palma Village Park Improvements Project APN 627-143-009 Project No. MPK00007 I VICINITY MAP Palma Village Park Improvements Project APN 627-143-009 323 324 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 12, 2024 PREPARED BY: Shawn Muir, Community Services Manager SUBJECT: ACCEPT THE CIVIC CENTER DOG PARK IMPROVEMENTS PROJECT AS COMPLETE, AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION (PROJECT NO. CFA00011) RECOMMENDATION: 1. Accept Contract No. C47580 with GameTime for the Civic Center Dog Park Improvements , Project No. CFA00011, as completed in accordance with the plans and specifications. 2. Authorize the Mayor to execute and the City Clerk to file the Notice of Completion. BACKGROUND/ANALYSIS: On May 23, 2024, the City Council awarded Contract No. C47580 to GameTime in the amo unt of $157,490, with an additional $20,000 contingency, to construct improvements at Civic Center Dog Park. Work began on August 5, 2024, and the following new park furnishings were installed at Civic Center Dog Park: 6 Concrete tables 4 Drinking fountains 1 Shade structure During construction, Change Order No. 1 was issued in the amount of $12,549.66 for the installation of two additional drinking foun tains and a deputy inspection for concrete footings and anchor bolts for the shade structure. The contract, plus one change order, totaled $170,039.66. On November 26, 2024, City staff conducted a final inspection with the contractor and confirmed that the project had been completed in accordance with the contract requirements. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: The unused contingency funds will be returned to the Capital Projects Fund Balance for reallocation. The table below outlines the unused Contingency funds. GAMETIME TOTAL CONTRACT CONTINGENCY 5/23/2024 City Council Approval $157,490 $20,000 C/O 1 $12,549.66 ($12,549.66) Completed Contract $170,039.66 $7,450.34 325 City of Palm Desert Contract C47580 – Notice of Completion Page 2 of 2 ATTACHMENTS: 1. Notice of Completion 2. Vicinity Map 326 C:\Program Files\eSCRIBE\TEMP\19271857434\19271857434,,,01 Notice of Completion(1).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 622-250-014 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 22nd day of November, 2024, work of improvement described as Civic Center Dog Pak Improvements, Project No. CFA00011 Contract No. C47580, on the real property herein described was completed. 5. That the name of the original contractor, if any, for said work of improvement was: GameTime of Fort Payne, Alabama. 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 Civic Center Dog Park on San Pablo in Palm Desert, California, 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 327 328 SAN PABLO AVE PRIVATE RD Copyright nearmap 2015 Civic Center Dog Park Improvements Project Civic Center Dog Park APN 622-250-014 Project No. CFA00011 I VICINITY MAP Civic Center Dog Park Improvements Project APN 622-250-014 329 330 Page 1 of 2 PALM DESERT HOUSING AUTHORITY STAFF REPORT MEETING DATE: December 11, 2024 PREPARED BY: Lucero Leyva, Senior Project Manager SUBJECT: AWARD CONTRACT TO GARLAND/DBS, INC FOR THE SANTA ROSA ROOF REPLACEMENT PROJECT CHA00004 RECOMMENDATION: 1. Award the construction contract to Garland/DBS for the Santa Rosa Apartments Roof Replacement Project No. CHA00004 in an amount not to exceed $591,229. 2. Authorize the Director of Finance to set aside a 10% contingency in the amount of $59,122.90 for unforeseen conditions. 3. Authorize the Executive Director or designee to review and approve written requests for the use of the contingency amount. 4. Authorize the Chairperson and/or the Executive Director to execute the Agreement and any documents necessary to effectuate the actions taken herewith. 5. Authorize the Chairperson and/or Executive Director to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the Project. BACKGROUND/ANALYSIS: The Authority Board authorized the use of Garland/DBS, Inc. (“Garland”) for roof management assessment, repairs, and related services. Garland completed a roof assessment of Santa Rosa Apartments and found that th e substrate and roof needed to be replaced. Garland is recommending the complete removal and replacement of the building’s roof, roof substrate, and wood fascia of all buildings at the Santa Rosa Apartments. The existing roof is original from when the community was built in 1995 and staff agrees with the current conditions assessment and proposed recommendation from Garland . The proposed roof replacement includes a five (5) year installation warranty with the contractor and a ten (10) year manufacture warranty with Garland. The Authority would like to enter into an agreement with Garland through the Omnia Contract No. PW1925 (A copy is on file with the City of Palm Desert’s City Clerk) to complete the proposed Project. Omnia is a cooperative purchasing organization, established through a collaborative effort to assist public agencies and non-profits across the United States with the specific purpose of reducing procurement costs by leveraging group volume. Omnia accomplishes this by soliciting proposals and awarding contracts that are held by a principal procurement agency for commonly purchased products and services at prices that have been assessed to be fair, reasonable, and competitive. The provisions of the City of Palm Desert Municipal Code Section 3.30.160(E) allow the Authority to participate as a government entity with Omnia under their cooperative pricing for purchases through the named vendor. 331 Palm Desert Housing Authority Award Contract to Santa Rosa Roof Replacement Project CHA00004 Page 2 of 2 Garland procured bids from three contractors in the Riverside County area to ensure the lowest market-adjusted price for the Project. R&R Roofing & Waterproofing Inc, of Lake Elsinore, provided the lowest bid to Garland in the amount of $591,299 plus $1,456.92 per square foot to provide additional insulation and decking replacement as needed (total roof square footage is approximately 3,095 square feet). Staff recommends approval of this request to facilitate the continued routine and recurring maintenance at Santa Rosa Apartments for the fiscal year 2024/2025. FINANCIAL IMPACT: Funds have been included in the Housing Authority FY 2024/25 budget in the appropriate Authority account. There is no financial impact to the General Fund from this action. ATTACHMENTS: 1. PDHA SR Omnia Proposal 24 2. Santa Rosa CHA00004 Contract 332 333 334 Contract No. ___________ 1 Revised 07-2023 BBK 72500.00001\32375220.1 PALM DESERT HOUSING AUTHORITY SHORT FORM CONSTRUCTION CONTRACT 1. Parties and Date. This Agreement is made and entered into this 12th day of December, 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 Garland/DBS, a CORPORATION, with its principal place of business at 3800 East 91st Street, Cleveland Ohio 44105 ("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 Removal and replacement of the building’s roof, roof substrate and wood fascia 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. The following license classifications are required for this Project: Santa Rosa Apartments Roof Replacement Project CHA00004 2.3 Project. The Authority is a public agency of the State of California and is in need of services for the following project: Santa Rosa Apartments Roof Replacement Project No. CHA00004 (hereinafter referred to as “the Project”). 2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, PERFORMANCE BOND, PAYMENT BOND, INSURANCE DOCUMENTS AND OTHER CERTIFICATION 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: Scope of Services and Schedule (Exhibit “A”) Plans and Specifications (Exhibit “B”) Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “C”) Public Works Contractor Registration Certification (Exhibit “D”) Payment and Performance Bonds (Exhibit “E”) 2024 Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9 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 335 Contract No. ___________ 2 Revised 07-2023 BBK 72500.00001\32375220.1 specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor. 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 by both parties or issued unilaterally by the Authority. 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 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. 336 Contract No. ___________ 3 Revised 07-2023 BBK 72500.00001\32375220.1 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 required 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 equ al” 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 120 days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the Authority. 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 ($1,000) 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. 337 Contract No. ___________ 4 Revised 07-2023 BBK 72500.00001\32375220.1 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 professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the 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. 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 of Five Hundred Ninety-one Thousand Two hundred Twenty-nine Dollars ($591,229.00) (“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, 338 Contract No. ___________ 5 Revised 07-2023 BBK 72500.00001\32375220.1 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. From each approved progress estimate, 5% will be deducted and retained by the Authority, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code section 7107. 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. 3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code section 22300, the Authority will permit the substitution of securities for any monies withheld by the Authority to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the Authority, or with a state or federally chartered bank in California as the escrow agent, and thereaf ter the Authority shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the Authority has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the Authority. 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. 339 Contract No. ___________ 6 Revised 07-2023 BBK 72500.00001\32375220.1 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 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 340 Contract No. ___________ 7 Revised 07-2023 BBK 72500.00001\32375220.1 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 weekly 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. 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 341 Contract No. ___________ 8 Revised 07-2023 BBK 72500.00001\32375220.1 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. 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 related 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 342 Contract No. ___________ 9 Revised 07-2023 BBK 72500.00001\32375220.1 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 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 writing. 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, the plan shall be prepared by a registered civil or structural engineer. 343 Contract No. ___________ 10 Revised 07-2023 BBK 72500.00001\32375220.1 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 removal 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 (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 344 Contract No. ___________ 11 Revised 07-2023 BBK 72500.00001\32375220.1 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 furnish 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 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; 345 Contract No. ___________ 12 Revised 07-2023 BBK 72500.00001\32375220.1 (B) Payment by the Authority of money or damages arising from Work done by or on behalf of the Contractor pur suant 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. 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 346 Contract No. ___________ 13 Revised 07-2023 BBK 72500.00001\32375220.1 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 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 347 Contract No. ___________ 14 Revised 07-2023 BBK 72500.00001\32375220.1 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. 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 348 Contract No. ___________ 15 Revised 07-2023 BBK 72500.00001\32375220.1 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 which may arise or be encountered in the prosecution of the Work 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 349 Contract No. ___________ 16 Revised 07-2023 BBK 72500.00001\32375220.1 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. 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 $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. 3.14.1.2 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; 350 Contract No. ___________ 17 Revised 07-2023 BBK 72500.00001\32375220.1 (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 Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to the Authority 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 Contract shall be specifically scheduled on the policy as “covered operations”. The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites. 3.14.1.6 Builder’s Risk Insurance. [RESERVED] 3.14.2 Other Provisions or Requirements 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. Authority reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.14.2.2 Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to perso ns 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 351 Contract No. ___________ 18 Revised 07-2023 BBK 72500.00001\32375220.1 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 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 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 Authority requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Authority. 352 Contract No. ___________ 19 Revised 07-2023 BBK 72500.00001\32375220.1 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 coverag e 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. 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 must be declared to and approved by Authority. Authority 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 Authority. 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. 353 Contract No. ___________ 20 Revised 07-2023 BBK 72500.00001\32375220.1 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 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. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the 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, 354 Contract No. ___________ 21 Revised 07-2023 BBK 72500.00001\32375220.1 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, 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, 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 Lucero Leyva, Senior Project 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 355 Contract No. ___________ 22 Revised 07-2023 BBK 72500.00001\32375220.1 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 noti ce. 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 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: Garland/DBS, INC 3800 East 91st Street Cleveland, OH 44105 ATTN: Division Controller Authority: Palm Desert Housing Authority 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 ATTN: Lucero Leyva, Capital Projects Department Any notice so given shall be considered received by the other Party three (3) days after deposit 356 Contract No. ___________ 23 Revised 07-2023 BBK 72500.00001\32375220.1 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. 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. 357 Contract No. ___________ 24 Revised 07-2023 BBK 72500.00001\32375220.1 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. 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] 358 Contract No. ___________ 25 Revised 07-2023 BBK 72500.00001\32375220.1 SIGNATURE PAGE TO SHORT FORM CONSTRUCTION AGREEMENT BY AND BETWEEN THE PALM DESERT HOUSING AUTHORITY AND GARLAND/DBS, 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: Israh Shah Best Best & Krieger LLP Special Council GARLAND/DBS, Inc. By: Printed Name: By: Printed Name: Contractor’s License Number and Classification DIR Registration Number (if applicable) QC: _____ Contract QC_____ Insurance: _____ Initial Review _____ Final Approval Bonds: _____ 359 Contract No. ___________ Exhibit “A” Revised 07-2023 BBK 72500.00001\32375220.1 EXHIBIT “A” SCOPE OF SERVICES AND SCHEDULE 360 Contract No. ___________ Exhibit “B” Revised 07-2023 BBK 72500.00001\32375220.1 EXHIBIT “B” PLANS AND SPECIFICATIONS 361 Contract No. ______________ Exhibit “C” Revised 07-2023 BBK 72500.00001\32375220.1 EXHIBIT “C” 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. Garland/DBS, Inc. By: _________________________ Signature _________________________ Name (Print) _________________________ Title (Print) 362 Contract No. ______________ Revised 07-2023 BBK 72500.00001\32375220.1 EXHIBIT “D” 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/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. 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.” 363 Contract No. ___________ Exhibit G-30 Rev 10-19 72500.00001\32375220.1 EXHIBIT “E” 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 December 12, 2024 has awarded to Garland/DBS, Inc. hereinafter designated as the “Principal,” a contract for the work described as follows: Santa Rosa Apartments Roof Replacement Project CHA00004 (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated December 12, 2024 (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the Authority in the penal sum of FIVE HUNDRED NINETY-ONE THOUSAND TWO HUNDRED TWENTY-NINE DOLLARS, ($591,229.00) 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 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. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or 364 Contract No. ___________ Exhibit G-31 Rev 10-19 72500.00001\32375220.1 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 claimant s 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. 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 Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. 365 Contract No. ___________ Exhibit G-32 Rev 10-19 72500.00001\32375220.1 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the Palm Desert Housing Authority (hereinafter referred to as “Authority”) has awarded to Garland/DBS Inc., (hereinafter referred to as the “Contractor”) an agreement for Santa Rosa Roof Replacement Project CHA00004 (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated December 12, 2024 (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, Crossfire Corp., 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 FIVE HUNDRED NINETY-ONE THOUSAND TWO HUNDRED TWENTY-NINE DOLLARS, ($591,229.00), 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 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 r emains. 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: 366 Contract No. ___________ Exhibit G-33 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 (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 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. 367 Contract No. ___________ Exhibit G-34 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 here. 368 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 12, 2024 PREPARED BY: Luis Moctezuma, Management Analyst Amy Lawrence, Deputy Director of Economic Development SUBJECT: AWARD CONTRACT TO HF&H CONSULTANTS, LLC, FOR SOLID WASTE, RECYCLING, AND ORGANICS CONSULTING SERVICES RECOMMENDATION: 1. Award Contract to HF&H Consultants, LLC, of Irvine, California, for Solid Waste, Recycling, and Organics Consulting Services for a three-year term, in an annual amount not to exceed $145,000 plus 4% annual cost adjustment in each subsequent year. 2. Authorize contingency in the amount of $10,000 annually for unforeseen circumstances. 3. Authorize the City Attorney to make any necessary nonmonetary changes to the agreement. 4. Authorize the City Manager to execute the agreement, any documents necessary to effectuate the actions taken herewith, and approve written contract amendment and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code. BACKGROUND/ANALYSIS: On September 17, 2024, staff issued a Request for Proposals (RFP) for Solid W aste, Recycling, and Organics Consulting Services, requesting assistance with the following specialized services: Implementation of the City's solid waste management, recycling programs, and organics diversion initiatives. Technical support for administration of the City’s solid waste franchise agreement with Burrtec Waste and Recycling Services. Compliance with and legislative review of current and future state mandates and regulations, e.g. SB 1383, SB 54, etc. CalRecycle support with annual calls and site visits, mandatory reporting, etc. In response, the following four proposals were received and evaluated based on their industry experience, technical expertise, and proposed method to accomplish work. Company Location Cost for Year One of the Agreement Aptim Environmental & Infrastructure, LLC San Diego, CA $45,500 EcoNomics, Inc. Del Mar, CA $114,915 HF&H Consultants, LLC Irvine, CA $115,000 Raftelis Financial Consultants, Inc. Los Angeles, CA $74,900 In evaluating the four proposals, Raftelis Financial Consultants, Inc., specialized more in conducting collection and disposal system rate studies and lacked experience with providing the 369 City of Palm Desert Award Contract for Solid W aste, Recycling, and Organics Consulting Services Page 2 of 3 services being requested. While Aptim Environmental & Infrastructure, LLC’s, scope of services were clear, their proposal lacked comparable technical expertise. The two final proposers, EcoNomics, Inc., and HF&H Consultants, LLC, scored very similarly, and both seem to have the experience and technical expertise necessary to meet the City’s needs. Although HF&H Consultant’s (HF&H) bid was slightly higher than EcoNomics, Inc.’s, staff recommends awarding the contract to HF&H given their technical expertise and proposed method to accomplish the work. The City currently contracts with HF&H for these services , and the benefit of maintaining a consultant who is familiar with the City's current franchise agreement and specific programs and challenges outweighs the cost difference. For background, in 2019, the City contracted with HF&H to draft and negotiate the current 11- year franchise agreement with Burrtec that was adopted in 2022. Since that time, HF&H has been providing technical support related to the City’s contract with Burrtec to include contract monitoring, rate adjustment reviews, diversion reporting, and more. HF&H staff assi sted Palm Desert to become an early adopter of many aspects related to the State -mandated diversion of organic waste (SB 1383). This included working with the City and Burrtec on the strategy for rolling out the residential three bin system (making Palm Desert the first in the Coachella Valley), as well as implementation of policies and programs related to paper and organics procurement and commercial edible food recovery. They also developed Palm Desert’s required implementation record and have provided on going assistance with recordkeeping requirements. They have proven to have a great working relationship with CalRecycle staff and a track record of mitigating risk, helping the City to avoid fines and remain in good standing through program implementation. Given that HF&H has an intimate knowledge of the City’s franchise agreement with Burrtec, has helped the City remain in good standing with CalRecycle through early roll-out of SB 1383 programs, and is regarded as an industry expert for SB 1383 and other regulatory compliance, staff recommends the City Council award the contract to HF&H. The recommendation also includes funding for mandatory audit work, as needed. CalRecycle’s Jurisdiction and Agency Compliance and Enforcement (JACE) Branch has begun performing compliance evaluations on select jurisdictions in California. Per State law, every jurisdiction must undergo a compliance evaluation at least every four years and Palm Desert has yet to complete this task. A JACE compliance evaluation is a complete review of the City’s solid waste and recycling program implementation, including compliance with AB 939, AB 341, AB 1826, SB 1383, as well as audits of the implementation record, disposal and hauler reporting, and more. It is estimated that the compliance evaluation could take a minimum of six months to over a year to complete. Legal Review: This report has been reviewed by the City Attorney’s Office. 370 City of Palm Desert Award Contract for Solid W aste, Recycling, and Organics Consulting Services Page 3 of 3 FINANCIAL IMPACT: Staff is recommending approval of a contract in the amount of $145,000 plus 4% annual cost adjustment for a term of three years, with two additional one-year extensions, pending budget approval for each subsequent year. *Once Task E (JACE Compliance Review) has been completed, contract will be opened for the base service amount in each subsequent year. Funds for this contract were included in the FY 2024-25 Recycle Fund, Account No. 2364195- 4309000. Staff will budget accordingly during future annual budget approval processes. No General Fund monies will be expended for these services. Staff is also recommending a $10,000 annual contingency for unforeseen circumstances. ATTACHMENTS: 1. HF&H Consultants, LLC Proposal 2. HF&H Consultants, LLC Fee Proposal 3. Contract Scope of Services 4. Draft Contract 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 Contract No. ___________ Exhibit “A” Revised 07-2023 BBK 72500.00001\32374915.1 EXHIBIT “A” SCOPE OF SERVICES The following represents the general scope of work for Project: 1. CalRecycle Support. Consultant will represent the City with CalRecycle matters in relation to the City’s solid waste and recycling activity. Consultant’s assistance with CalRecycle shall include and is not limited to: A. Work with CalRecycle staff to answer and document any questions or concerns regarding the City’s solid waste, recycling and organics programs. Consultant shall respond to City's request to contact CalRecycle for any issue or concern. B. Assist with preparation of any required CalRecycle reports for City review including the CalRecycle annual report (EAR report). Assistance shall include the collection of all required data from the franchise hauler and the operators of any other recycling programs in the City (e.g. supermarket back hauling of organics and cardboard) and from local recycling facilities, other private recyclers, and any other data collection required for CalRecycle reports. C. Support the City with SB 1383 requirements such as edible food recovery, record keeping, reporting, waiver administration, and enforcement. 2. Provide Technical and On-Call Support for the Administration of the City’s Solid Waste Franchise Agreement. Consultant shall provide support to the City with the administration of the City’s agreement with its solid waste and recycling collection, transportation, and processing service provider (“Hauler”) including the following activities: A. Maintain a checklist of all contract requirements and due dates contained in the contract. B. Support the City in various virtual or in-person meetings with Hauler, including monthly progress meetings, to discuss the status of all tasks in progress, problems encountered, diversion rates, education and outreach, etc. C. Prepare monthly progress and diversion reports for the City. D. Review reports and correspondence submitted by Hauler, track recycling program implementation for reporting purposes of state mandated recycling programs such as AB 939, AB 341, AB 1826, and SB 1383. E. Review records associated with all required waste audits and contamination monitoring including Hauler’s facilities and at residential, multi-family, and business properties. F. Assist the City with processing any request for a rate increase or other requests pursuant to the Hauler’s contract requirements. G. Assist with contract amendments, if necessary. 409 Contract No. ___________ Exhibit “A” Revised 07-2023 BBK 72500.00001\32374915.1 3. Technical Assistance. Provide ongoing technical assistance and expertise on solid waste, recycling, and organics state mandates with particular emphasis on SB 1383 and its implementation, programming, reporting and enforcement requirements. 4. Perform Other Duties as Assigned by the City. Consultant shall perform other duties as assigned by the City to ensure successful compliance with state solid waste and recycling mandates, and administration of the City’s Franchise Hauler’s agreement. Examples of other duties as assigned are as follows: A. Research and evaluate potential solid waste, recycling, and organics programs and outreach initiatives required to comply with applicable state law. B. Support with evaluating staffing needs to implement programs and initiatives. C. Assist with drafting City ordinances related to solid waste, recycling, and organics services. 5. Additional Services. The Consultant is invited to offer additional services at their discretion to ensure for successful support of existing programs, compliance with state solid waste and recycling mandates, and administration of the Hauler’s agreement. 410 Contract No. ___________ 1 Revised 07-2023 BBK 72500.00001\32374915.1 CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. Parties and Date. This Agreement is made and entered into this 1st day of January, 2025, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578 (“City”) and HF&H Consultants, a Limited Liability Company, with its principal place of business at 2081 Business Center Drive, Suite 265, Irvine, California, 92612 ("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: SOLID WASTE, RECYCLING, AND ORGANICS CONSULTING SERVICES (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 January 1, 2025, to December 31, 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. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their 411 Contract No. ___________ 2 Revised 07-2023 BBK 72500.00001\32374915.1 performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant 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: Haley Kunert, Senior Project Manager. 3.2.5 City's Representative. The City hereby designates Luis Moctezuma, Management Analyst, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Haley Kunert, Senior Project Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants 412 Contract No. ___________ 3 Revised 07-2023 BBK 72500.00001\32374915.1 shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 413 Contract No. ___________ 4 Revised 07-2023 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 414 Contract No. ___________ 5 Revised 07-2023 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. (4) Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-linking or framing, and infringement or violation of intellectual property rights. (5) Liability arising from the failure to render professional services If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the Agreement. 3.2.11.2 Other Provisions or Requirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 415 Contract No. ___________ 6 Revised 07-2023 BBK 72500.00001\32374915.1 (B) Duration of Coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems 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. 416 Contract No. ___________ 7 Revised 07-2023 BBK 72500.00001\32374915.1 (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (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. 417 Contract No. ___________ 8 Revised 07-2023 BBK 72500.00001\32374915.1 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies of this Section. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed one hundred forty-five thousand dollars ($145,000.00) for the first year plus 4% annual cost adjustment in each subsequent year without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or 418 Contract No. ___________ 9 Revised 07-2023 BBK 72500.00001\32374915.1 "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. 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 419 Contract No. ___________ 10 Revised 07-2023 BBK 72500.00001\32374915.1 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: HF&H Consultants, LLC 2081 Business Center Drive, Suite 265 Irvine, CA 92612 ATTN: Haley Kunert, Senior Project Manager City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 ATTN: Economic Development Department Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data 420 Contract No. ___________ 11 Revised 07-2023 BBK 72500.00001\32374915.1 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. 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 421 Contract No. ___________ 12 Revised 07-2023 BBK 72500.00001\32374915.1 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. 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 422 Contract No. ___________ 13 Revised 07-2023 BBK 72500.00001\32374915.1 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. 3.6.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. 423 Contract No. ___________ 14 Revised 07-2023 BBK 72500.00001\32374915.1 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] 424 Contract No. ___________ 15 Revised 07-2023 BBK 72500.00001\32374915.1 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND HF&H CONSULTANTS, LLC 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: Best Best & Krieger LLP City Attorney HF&H CONSULTANTS, A LIMITED LIABILITY COMPANY By: Its: President Printed Name: Rob Hilton By: Its: Senior Vice President Printed Name: Laith Ezzet QC: _____ Insurance: _____ Initial Review _____ Final Approval 425 Contract No. ___________ Exhibit “A” Revised 07-2023 BBK 72500.00001\32374915.1 EXHIBIT “A” SCOPE OF SERVICES The following represents the general scope of work for Project: 1. CalRecycle Support. Consultant will represent the City with CalRecycle matters in relation to the City’s solid waste and recycling activity. Consultant’s assistance with CalRecycle shall include and is not limited to: A. Work with CalRecycle staff to answer and document any questions or concerns regarding the City’s solid waste, recycling and organics programs. Consultant shall respond to City's request to contact CalRecycle for any issue or concern. B. Assist with preparation of any required CalRecycle reports for City review including the CalRecycle annual report (EAR report). Assistance shall include the collection of all required data from the franchise hauler and the operators of any other recycling programs in the City (e.g. supermarket back hauling of organics and cardboard) and from local recycling facilities, other private recyclers, and any other data collection required for CalRecycle reports. C. Support the City with SB 1383 requirements such as edible food recovery, record keeping, reporting, waiver administration, and enforcement. 2. Provide Technical and On-Call Support for the Administration of the City’s Solid Waste Franchise Agreement. Consultant shall provide support to the City with the administration of the City’s agreement with its solid waste and recycling collection, transportation, and processing service provider (“Hauler”) including the following activities: A. Maintain a checklist of all contract requirements and due dates contained in the contract. B. Support the City in various virtual or in-person meetings with Hauler, including monthly progress meetings, to discuss the status of all tasks in progress, problems encountered, diversion rates, education and outreach, etc. C. Prepare monthly progress and diversion reports for the City. D. Review reports and correspondence submitted by Hauler, track recycling program implementation for reporting purposes of state mandated recycling programs such as AB 939, AB 341, AB 1826, and SB 1383. E. Review records associated with all required waste audits and contamination monitoring including Hauler’s facilities and at residential, multi-family, and business properties. F. Assist the City with processing any request for a rate increase or other requests pursuant to the Hauler’s contract requirements. G. Assist with contract amendments, if necessary. 426 Contract No. ___________ Exhibit “A” Revised 07-2023 BBK 72500.00001\32374915.1 3. Technical Assistance. Provide ongoing technical assistance and expertise on solid waste, recycling, and organics state mandates with particular emphasis on SB 1383 and its implementation, programming, reporting and enforcement requirements. 4. Perform Other Duties as Assigned by the City. Consultant shall perform other duties as assigned by the City to ensure successful compliance with state solid waste and recycling mandates, and administration of the City’s Franchise Hauler’s agreement. Examples of other duties as assigned are as follows: A. Research and evaluate potential solid waste, recycling, and organics programs and outreach initiatives required to comply with applicable state law. B. Support with evaluating staffing needs to implement programs and initiatives. C. Assist with drafting City ordinances related to solid waste, recycling, and organics services. 5. Additional Services. The Consultant is invited to offer additional services at their discretion to ensure for successful support of existing programs, compliance with state solid waste and recycling mandates, and administration of the Hauler’s agreement. 427 Contract No. ___________ Exhibit “B” Revised 07-2023 BBK 72500.00001\32374915.1 EXHIBIT "B" SCHEDULE OF SERVICES 428 Contract No. ___________ Exhibit “C” Revised 07-2023 BBK 72500.00001\32374915.1 EXHIBIT "C" COMPENSATION HF&H Consultants will perform the scope of work based on time and materials, not to exceed $145,000 for the first contract year. The annual base service cost will adjust by four percent (4%) as estimated in the table below. Professional Fees Hourly rates for professional and administrative personnel through December 31, 2025 are listed below, and will adjust by four percent (4%) each January 1 thereafter: Position Hourly Rate Executive $329 - $365 Senior Project Manager $299 - $320 Manager $265 - $295 Senior Associate $220 - $260 Associate Analyst $195 - $210 Assistant Analyst $165 - $185 Administrative Staff $125 - $160 Direct Expenses Standard charges for common direct expenses are as follows: Automobile Travel Prevailing IRS mileage rate Telephone No charge Public Conveyances Actual Outside Reproduction Actual Postage, Overnight Mail, Couriers Actual Other out-of-pocket expenses Actual 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. 429 430 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 12, 2024 PREPARED BY: Melanie Perry, Senior Management Analyst SUBJECT: AWARD AN AGREEMENT WITH CASC ENGINEERING AND CONSULTING, INC., FOR MS4 PERMIT INSPECTIONS AND NPDES SUPPORT SERVICES RECOMMENDATION: 1. Award a professional services agreement with CASC Engineering and Consulting, Inc., for MS4 Permit Inspections and NPDES support services in an amount not to exceed $200,000 per fiscal year for a 30-month term commencing now, with two one-year contract extensions. 2. Authorize the City Manager to execute the agreement and any written requests for amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 3. Authorize the City Attorney to make necessary non-monetary changes to the contract. BACKGROUND/ANALYSIS: Authorized by the Clean Water Act, the National Pollutant Discharge Elimination System (NPDES) permit program controls water pollution by regulating point sources that discharge pollutants into waters of the United States. The NPDES Municipal Storm Water Permitting Program regulates stormwater discharges from municipal separate storm sewer systems (MS4s). Per the requirements of the MS4 permit, the City must conduct commercial/industrial inspections of businesses each year. Failure to secure this permit or comply with its requirements could lead to violations or fines. On October 27, 2022, the City Council awarded CASC Engineering and Consulting, Inc., (CASC) a contract (C44280) valued at $50,000 annually for a three-year term, with the option of two extensions, to provide inspection services. However, in response to Tropical Storm Hilary, staff identified the need for a more comprehensive stormwater inspection schedule for the citywide storm system. In addition, a broader scope of services is rec ommended, including support for municipal facility inspections, annual reporting, construction site inspections, investigations, and data management. Expanding these services will ensure that the City’s storm drains and infrastructure are maintained to prevent future damage. In June 2024, the City advertised a request for proposals for MS4 inspection services but received only one proposal from CASC. To encourage additional participation, the City re - advertised in August 2024; however, only CASC again submitted the only proposal. After a thorough review, staff determined that CASC has the relevant experience and expertise to perform said services. Staff conducted a reference check on the Contractor, receiving commendable feedback on their past performance , including their responsiveness, work quality, and communication with their clients. 431 City of Palm Desert MS4 CASC Agreement Page 2 of 2 Although CASC’s proposal was under $150,000, staff recommend awarding a new contract with a not-to-exceed amount of $200,000 per fiscal year. This will provide flexibility to include additional areas and services as needed by City staff. The contract will cover MS4 inspections, outreach to the City’s various homeowners’ associations, and a more comprehensive evaluation of the system’s condition. FINANCIAL IMPACT: The approved Fiscal Year 2024/25 operations budget for the Public Works Department allocates $350,000 under Account No. 1104396-4400100 for the MS4 Permit and NPDES Management Program. As a result, there will be no additional financial impact on the General Fund. Costs for the initial months of the agreement are expected to be substantial due to the initial inspection of the City’s retention basins. Therefore, a prorated amount for the remainder of the fiscal year is not recommended. The budget includes a $50,000 contingency for conducting any unforeseen infrastructure inspections, ensuring that inventory is complete, documenting and recording conditions. Staff are not obligated to spend the contingency. The table below outlines the projected expenses for FY 2024/25. Description Budget Estimated Cost Balance Acct No. 1104396-4400100 Annual MS4 Permit $25,000 $25,000 NPDES Shared Cost $75,000 $75,000 *Contract No. C44280 $100,000 $50,000 **Contract - CASC $150,000 $200,000 Total: $350,000 $350,000 $0.00 *Contract No. C44280 will be terminated December 31, 2024, and superseded by the new contract. **Current contract to commence January 1, 2025 ATTACHMENTS: 1. Agreement 2. Proposal 432 Contract No. ___________ 1 CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. Parties and Date. This Agreement is made and entered into this 12th day of December 2024, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578 (“City”) and CASC Engineering and Consulting, Inc., a Corporation, with its principal place of business at 1470 E. Cooley Drive Colton, CA 92324 ("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: MS4 Inspection Services and NPDES Support Services Project (hereinafter referred to as “the Project”). 2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant is duly licensed and has the necessary qualifications to provide such services. 3. Terms. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations 3.1.2 Term. The term of this Agreement shall be from January 1, 2025, 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 pay all wages, salaries, and other amounts due such personnel in connection with their 433 Contract No. ___________ 2 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: Melanie Sotelo 3.2.5 City's Representative. The City hereby designates Melanie Perry, Senior Management Analyst, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Melanie Sotelo, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such 434 Contract No. ___________ 3 licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law 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 435 Contract No. ___________ 4 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 subconsulta nt, 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 requirem ent if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of 436 Contract No. ___________ 5 insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives. (E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (F) Fidelity Coverage. (Reserved) (G) Cyber Liability Insurance. (Reserved) If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for an additional period of three (3) years f ollowing termination of the Agreement. 3.2.11.2 Other Provisions or Requirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required 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 per sons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a 437 Contract No. ___________ 6 primary and non-contributory basis for the benefit of City before the City’s own insurance or self - insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants. (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and 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. 438 Contract No. ___________ 7 (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are 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, 439 Contract No. ___________ 8 regulations, and policies of this Section. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “B” attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred Thousand Dollars ($200,000) per fiscal year without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "B" 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, 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 440 Contract No. ___________ 9 City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 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 441 Contract No. ___________ 10 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: CASC Engineering and Consulting, Inc. 1470 East Cooley Drive Colton, Ca 92324 ATTN: Melanie Sotelo, Technical Director City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 ATTN: Melanie Perry, Public Works Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at 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 442 Contract No. ___________ 11 shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents, and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment, or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or 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 443 Contract No. ___________ 12 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, 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 negligent 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. In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault. 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. 444 Contract No. ___________ 13 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers, and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not 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 445 Contract No. ___________ 14 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] 446 Contract No. ___________ 15 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND CASC ENGINEERING AND CONSULTING, 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 CASC ENGINEERING AND CONSULTING, INC., A CORPORATION By: Richard J. Sidor President By: Michelle Furlong Secretary City Clerk QC: _____ Contract QC: _____ Insurance: _____ Initial Review _____ Final Approval 447 Contract No. ___________ 16 EXHIBIT “A” SCOPE OF SERVICES MS4 Permit Inspection Services and NPDES Support Services Development and management of City of Palm Desert’s Stormwater Compliance Inspection Services and the National Pollutant Discharge Elimination System (NPDES) and all associated tasks. The contract is an amount not to exceed $200,000 per fiscal year for a 30-month term with an option of two one-year extensions. The contractor shall perform all work within the time agreed upon with the City, 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 The scope of work includes: Conduct a thorough assessment of current stormwater management practices and develop a detailed plan outlining goals, strategies, and timelines for program implementation. Establish a monitoring and maintenance plan to ensure the long-term effectiveness of implemented measures and provide training for City staff as necessary. Annual inspection of approximately 180 Homeowner Associations, assisting the City in identifying private storm drains and educating the Homeowner Associations in maintaining their infrastructure. Annual inspection of storm channels, retention basins and provide a maintenance plan to facilitate the long-term integrity of the channel and system. Inspect approximately 375 facilities required by the MS4 that include commercial, industrial and food facilities. Provide inspection services of specified Commercial, Industrial, and Hazardous Material/Underground Tank facilities per the requirements of the most current MS4 permit and Industrial General Permit (IGP) including new construction according to MS4 permit. Prepare written inspection reports, and provide documentation including photos, a listing of written materials submitted to the business owner for education and outreach, and other supporting documents as needed to provide a full account of the inspection. Re-inspections of facilities will be required on an as-needed basis to follow up with businesses that did not pass their initial inspection. Assist the City in reviewing the effectiveness of the Commercial/Industrial inspection program and recommend changes to improve the enforcement program Assist in preparing and submitting annual reports to regulatory agencies as required by the MS4 permit. Maintain inspection records and enter all data into the City's database to track inspections, violations, and follow-up actions. 448 Contract No. ___________ 18 Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT "B" COMPENSATION *The table above represents a cost estimate and may be adjusted between categories with prior written approval from the City, provided the total does not exceed the contracted amount. 449 450 REQUEST FOR PROPOSALS FOR: MS4 PERMIT INSPECTIONS AND NPDES SUPPORT SERVICES, RFP #2024-RFP-133 Submitted To: City of Palm Desert Melanie Perry Senior Management Analyst 73510 Fred Waring Drive Palm Desert, CA 92260-2578 Submitted By: Casc Engineering and Consulting, Inc. Joyce Goode Project Manager 77564 Country Club Drive, Suite 211 Palm Desert, CA 92211 855.383.0101 jgoode@cascinc.com Submittal Date: September 5, 2024 www.cascinc.com 451 77564 Country Club Drive, Suite 211 Palm Desert, CA 92211 Office: 855.383.0101 2024-0133 www.cascinc.com September 5, 2024 City of Palm Desert Attn: Melanie Perry, Senior Management Analyst 73510 Fred Waring Drive, Palm Desert, CA 92260 Subject: Request for Proposals – City of Palm Desert, MS4 Permit Inspections and NPDES Support Services, RFP #2024-RFP-133 Ms. Perry, Casc Engineering and Consulting (Casc) is pleased to present our qualifications and are excited to have the opportunity to continue to provide our services to the City of Palm Desert (City). This proposal package demonstrates how the City can benefit from not only our extensive and relevant NPDES regulatory experience and municipal program knowledge but also from our extensive stormwater experience in Palm Desert and the Coachella Valley. Brief History Casc was established in 1993 and has been providing professional consulting services to government and institutional clients for nearly 30 years. Casc is regarded as one of the leading NPDES consulting firms in the Whitewater River Watershed and in Southern California. We bring to the City of Palm Desert extensive experience in all aspects of the Whitewater River (WWR) Watershed MS4 permit. We have been supporting numerous stormwater programs in Riverside County and the Coachella Valley for over 15 years, including programs for the cities of Palm Desert, Palm Springs, Cathedral City, and La Quinta, as well as for Riverside County Flood Control, Riverside County Department of Transportation, and Riverside County Economic Development Agency. Why continue with Casc as the City’s NPDES Program Consultant? Casc has dealt with the ever-changing NPDES Permit regulations for over 20 years and has kept our finger on the pulse of the state and regional regulatory agencies to anticipate potential new requirements for the City. At Casc, we pride ourselves in our ability to limit project challenges by forward-thinking and planning, as well as our ability to resolve project issues by following established protocols in a professional and cooperative manner. Ultimately, the success of any project comes down to the people involved, and Casc is proposing a technically seasoned team committed to continuing to serve the City. Highlights of the exceptional qualifications of the Casc team include: •Experience with Whitewater River – The Project Manager, Assistant Project Manager, and the entire Casc team are known for their exceptional knowledge of the Whitewater River NPDES Permit. We have experience gained through conducting a wide range of similar activities for the cities of Palm Desert, Palm Springs, Cathedral City, La Quinta, Rancho Mirage, Palm Desert, and the County of Riverside Transportation Department. Casc is regarded as one of the leading NPDES consulting firms in the Whitewater River Watershed and in Southern California. A.COVER LETTER 1 452 Melanie Perry September 5, 2024 www.cascinc.com •Experience with Inspections – The proposed team has exceptional knowledge of all stormwater inspections as they relate to the MS4 Permit, Industrial inspections, Construction General Permit inspections, Post Construction BMP Inspections, and FOG inspections. This expertise has been gained through conducting hundreds of similar inspections for agencies such as the cities of Palm Desert, Palm Springs, Cathedral City, La Quinta, Temecula, Hemet, Norco, Ontario, El Monte, and Irwindale. •Experience with NPDES Training – Casc has taught MS4 NPDES staff since 2004 through the Riverside County Flood Control District and the Whitewater River Stormwater Program. •Experience with Stormwater Regulations – Casc has broad-scale knowledge of NPDES regulatory compliance issues through our work with government agencies, school districts, and private companies throughout the state. We have provided NPDES program support to programs both large and small. Our work includes over $17 million in NPDES water quality monitoring services to the State of California, Department of Transportation, and over $16 million in NPDES consulting services to Southern California Edison. •Stormwater Certifications–All primary team members hold at least one of the following credentials: PE, CPSWQ, CPMSM, CPESC, CESSWI, CESSWI-IT, QSD, QSP, or QISP. •Unmanned Aircraft Systems (UAS) – Casc utilizes UAS to provide aerial observations to assist with visual inspections for large areas and outfall screening. The UAS is piloted by an individual (Pilot) holding a valid Remote Pilot Airman Certificate issued by the Federal Aviation Administration (FAA) in accordance with Title 14 of the Code of Federal Regulation (14 CFR) Part 107. Authorization to Negotiate: Casc’s proposed Technical Director, Melanie Sotelo, is authorized to negotiate Agreement terms and compensation related to the City of Palm Desert’s MS4 Inspection Services Proposal. Ms. Sotelo’s contact information is: Casc Engineering 77564 Country Club Drive, Suite 211 Palm Desert, CA 92211 Office: 760.259.0108 Ext. 1600 Casc looks forward to your review of this proposal and stands ready to answer any questions you may have. Sincerely, CASC ENGINEERING AND CONSULTING, INC. Rick Sidor, PE, QSD, CPESC President/Owner (Authorized to bind the firm) 909.835.7145 rsidor@cascinc.com CASC ENGINEERING AND CONSULTING, INC. Melanie Sotelo, CPMSM, CPSWQ, QISP, QSD Associate Director of Environmental Services 760.259.0108 ext 1600 msotelo@cascinc.com 2 453 CITY OF PALM DESERT MS4 PERMIT INSPECTIONS AND NPDES SUPPORT SERVICES RFP #2024-RFP-133 B. EXPERIENCE AND TECHNICAL COMPETENCE—BACKGROUND COMPANY OVERVIEW Casc Engineering and Consulting, Inc. (Casc), a California S corporation (SBE), was established in 1993 to provide professional civil and environmental engineering, surveying, and related consulting services to government agencies, utility companies, school districts, private developers, and industry groups. Operating from five Southern California offices (Palm Desert, Colton, Temecula, Irvine, and Glendora), our office located in Palm Desert will serve as the primary office for services to the City of Palm Desert. Having a local office within the City allows Casc to provide efficient support services, while eliminating the logistical challenges facing other out-of-area consultants. LEADERSHIP IN THE WATER QUALITY FIELD Casc is a leader in the storm water profession. Our staff continues to serve in prominent positions for leading storm water professional organizations: Rick Sidor has co-chaired CASQA’s Construction and Phase II subcommittees; Melanie Sotelo is the past Co-Chair of the CASQA Construction subcommittee, and is currently the Administration Vice President of the IECA Western Chapter Board. Our staff have been directly involved in developing standard-setting guidance for storm water BMPs including CASQA’s Storm Water Best Management Practice Handbooks , the first edition of Caltrans’ Storm Water Quality Handbooks, and BASMAA’s, Using Site Design Techniques to Meet Development Standards for Storm Water Quality – A Companion to Start at the Source. In 2017, Casc led the development of three standard–setting reports for CASQA including LID Technical Standards Review, Bioretention and Standards Review, LID Technical Standards Review -Permeable Pavement Details and Standards Review; and LID Technical Standards, Review-Future efforts related to LID. Jeffrey Endicott, a Vice President at Casc and proposed Engineering Director for this project, was awarded the prestigious Leadership Award by the California Stormwater Quality Association (CASQA) in 2019. The Leadership Award was awarded for his “outstanding leadership within CASQA and his exceptional contributions to the stormwater quality management profession over a significant time period.” COMPETENCE OF THE TEAM Casc’s Water Quality Division is comprised of engineers, scientists and technical support staff who have extensive experience in stormwater program development, implementation, and management. From conducting NPDES inspection services, to full stormwater program implementation support, Casc has a proven track record of serving Municipal MS4 programs of all sizes and complexities. All members of the proposed project team are currently providing storm water management inspection services to public and private entities, and thus have a proven track record of performance on projects similar to the work described in the RFP. Casc has developed a reputation as a company that provides technically appropriate and credible advice to clients and we pride ourselves on being a resource to facilitate compliance. Our staff will use this same approach in the work we perform for the City of Palm Desert. CASC is not just a company of consultants. The firm and many of its staff are leaders in the storm water management industry. 3 454 CITY OF PALM DESERT MS4 PERMIT INSPECTIONS AND NPDES SUPPORT SERVICES RFP #2024-RFP-133 EXPERIENCE IN THE COACHELLA VALLEY Casc’s experience with the Coachella Valley Co-Permittees includes providing stormwater training to municipal staff on the Whitewater River NPDES Permit requirements, providing the City of Palm Springs with full stormwater program management services, training Riverside County ’s NPDES Coordinator, providing several desert cities with stormwater inspection support services, preparing Regional Board -Approved Final Jurisdictional Maps related to the Statewide Trash Amendment requirements, participating on the Co -Permittee Desert Task Force, and assisting with MS4 Permit renewal activities. Casc’s extensive involvement in the Coachella Valley, combined with our knowledge of NPDES requirements and experience conducting inspections in the desert environment, enables efficient and economical execution of our inspection services. CASC has either in the past or is currently providing NPDES services to the following public agencies in the Coachella Valley region: SCOPE OF WORK Casc’s proposed team members are able to perform all activities related to the work described and services requested in Attachment A of the RFP, Proposed Scope of Services. RELATED EXPERIENCE Since 2003, Casc has been providing food service, hazardous material facility, and commercial/industrial inspections to cities throughout Southern California to meet the varied requirements of the MS4 NPDES permits in the counties of Riverside, San Diego, Orange, Los Angeles, and San Bernardino. Responsibilities have included tracking and inspecting hundreds of commercial/industrial facilities per agency, troubleshooting grease control devices and other BMP failures, facility prioritization, database research, educational material development and distribution, and GIS/photomapping of illicit connection/illegal discharge locations. Depending on jurisdictional requirements, non-compliance was followed up with enforcement actions in accordance with the agency’s stormwater ordinance, including assisting the city in writing Notices of Non-Compliance and referrals to the Regional Water Quality Control Board as required for compliance with the Industrial General Permit , SWMP, and SB205. •Palm Springs •Riverside County •Cathedral City •La Quinta •Indio •Rancho Mirage 4 455 CITY OF PALM DESERT MS4 PERMIT INSPECTIONS AND NPDES SUPPORT SERVICES RFP #2024-RFP-133 MS4 PERMIT INSPECTIONS AND NPDES SUPPORT SERVICES PALM DESERT, CA Since 2021, Casc has provided Palm Desert NPDES inspectfon services, including for restaurant, commercial, industrial facility and low-priority constructfon site inspectfons in accordance with the Whitewater River Region MS4 Permit requirements. Inspectfons are scheduled by Casc and completed in compliance with Permit -required frequency. Casc compiled a priority list for each inspectfon type by pulling current WDID informatfon from the SMARTS database for both constructfon projects and industrial facilitfes, and coordinatfng with the City for applicable current and new business licenses. Inspectors visit the selected sites, record their observatfons, and recommend additfonal best management practfces to minimize pollutant discharges to the drainage system. Casc would update and maintain the City’s current commercial/industrial database to reflect completed inspectfons and identffy facilitfes that need follow up. Casc also assisted the City by coordinatfng with code enforcement for Illicit Connectfon/Illegal Discharge investfgatfons to verify proper escalatfon of enforcement efhorts. Furthermore, Casc provided support for the City to prepare for and partfcipate in an audit of Palm Desert’s MS4 Program when inspected by the Regional Board in Spring 2023. Prior to the audit with the Regional Board, Casc joined Riverside County Watershed Stafh Pre-Audit preparatfon meetfngs with the City to assist the City in navigatfng the audit process and understanding of their internal operatfons. During the audit, Casc kept the process on track by providing valuable insights on what is and is not required by the current permit, and identffying any overreaching expectatfons by the Regional Board. Casc’s contributfons were instrumental in facilitatfng focus on the City’s process and how their program successfully meets the audit objectfves. STORMWATER PROGRAM MANAGEMENT CITY OF PALM SPRINGS, CA Casc is the City of Palm Springs’ Consultant Storm Water Program Manager, responsible for management and implementatfon of the City’s storm water program. Services include providing guidance on LID implementatfon on new development and redevelopment projects, NPDES municipal training, private constructfon inspectfons, IC/ID investfgatfon and reportfng documentatfon, coordinatfon with Desert Task Force Meetfng attendance, Trash Amendment compliance actfvitfes, MS4 annual reportfng, and Report of Waste Discharge efhorts related to the Whitewater River MS4 Permit renewal. Additfonal responsibilitfes include implementatfon of the City’s constructfon site program, the commercial/ industrial facilitfes inspectfon program, and municipal inspectfon program. Inspectfon services include providing constructfon, commercial, industrial, restaurant, and municipal inspectfons. With over 375 commercial/industrial facilitfes subject to the permit requirements, and many additfonal constructfon and municipal facilitfes, CASC developed a database using GIS to organize, prioritfze, and track the inspectfon program. CASC uses ArcGIS Field Maps and Survey123 as their main source of report generatfon to allow inspectors to use tablets to document inspectfon results, collect contact informatfon, attach photos, obtain the signature of the facility representatfve, and immediately email the completed inspectfon report to the Project Manager and site representatfve. B. EXPERIENCE AND TECHNICAL COMPETENCE RELEVANT PROJECT PROFILES AND CLIENT REFERENCES 5 456 CITY OF PALM DESERT MS4 PERMIT INSPECTIONS AND NPDES SUPPORT SERVICES RFP #2024-RFP-133 INSPECTION OF RESTAURANT, COMMERCIAL, AND INDUSTRIAL FACILITIES CITY OF LA QUINTA, CA Casc has been, and is currently, under contract with the City of La Quinta to perform the next round of storm water inspectfons for restaurant, commercial, and industrial facility. Casc performs water quality inspectfons of targeted facilitfes within the City at frequencies established by the MS4 Permit for the Whitewater River Watershed. Casc’s responsibilitfes include reviewing the facility list from the Riverside County Department of Health (DEH), prioritfzing facilitfes to be inspected, preparing inspectfon schedules, and providing progress reports to the City. Additfonally, Casc works with Code Enforcement, identffying sites that require re-inspectfon by Code officers. INSPECTION OF RESTAURANT, COMMERCIAL, AND INDUSTRIAL FACILITIES CATHEDRAL CITY, CA Casc has provided Cathedral City with NPDES restaurant, commercial, and industrial facility inspectfons in accordance with the Whitewater River Region MS4 Permit requirements and completed inspectfons in compliance with Permit - required frequency. Inspectors visited identffied sites and documented the status of best management practfces in place to minimize pollutant discharges to the drainage system. Casc worked with the City to update and maintain the City’s current commercial/industrial database to reflect completed inspectfons and identffy facilitfes for re -inspectfon. NPDES PROGRAM MANAGEMENT RIVERSIDE COUNTY TRANSPORTATION DEPARTMENT Casc currently assists the County of Riverside’s Transportatfon Department with compliance actfvitfes related to the County ’s three MS4 permits in the Santa Ana River, Whitewater River and Santa Margarita River watersheds. Actfvitfes include stafh augmentatfon of an Interim NPDES Coordinator, assistance with annual report preparatfon, monitoring of outialls, QSP inspectfons and sampling, TPG reviews for Transportatfon projects, WQMP reviews for land development projects, compliance assistance with Statewide Trash Provision requirements, and MS4 permit negotfatfons. Additfonally, Casc prepared the County’s responses to the Regional Board’s 13383 letters, coordinated with the County for completfon of GIS preliminary mapping, and is currently coordinatfng with the County for preparatfon of standard designs for connector pipe screen devices. Additfonally, Casc has stafh who are trained in on-land visual assessments and plans to assist the County in conductfng assessments for proposed alternatfve land use areas. INSPECTION PRIORITIZATION, COMMERCIAL/INDUSTRIAL INSPECTIONS CITY OF EL MONTE, CA Casc has provided the City of El Monte with NPDES compliance assistance in response to the last two permit renewals providing a variety of services including program development and policy reviews, field inspectfons, plan checking, training, GIS database development, and preparatfon of a Watershed Management Program and an Integrated Monitoring Program (IMP). Casc was responsible for implementfng all requirements pertaining to the inspectfon of commercial/industrial facilitfes as described and mandated by the MS4 Permit. Dutfes included facility prioritfzatfon, database development and maintenance, research, scheduling, public informatfon/educatfonal material development and distributfon, SWPPP review, as well as conductfng over 500 commercial/industrial facility inspectfons. 6 457 CITY OF PALM DESERT MS4 PERMIT INSPECTIONS AND NPDES SUPPORT SERVICES RFP #2024-RFP-133 MS4 NPDES INSPECTION PROGRAM CITY OF HEMET, CA Casc is assistfng the City of Hemet with NPDES program implementatfon actfvitfes, including program management, facility evaluatfons, commercial- industrial inspectfons, and previously provided WQMP and drainage document reviews. Casc works with the City to provide assistance with MS4 Permit compliance, TMDL compliance, TMDL task force attendance, Public Educatfon Subcommittee partfcipatfon, and annual reportfng documentatfon. For the commercial/industrial inspectfons, Casc works closely with the City’s NPDES coordinator to identffy commercial and industrial businesses within the City’s jurisdictfon that meet inspectfon criteria per the Riverside County Phase I MS4 Permit Santa Ana Region, and Drainage Area Management Plan. Inspectors visit each site and document the status of best management practfces in place to minimize pollutant discharges to the drainage system. In order to bring Hemet ’s Public Works’ tracking software to a state where digital inspectfons could be performed and then imported into that software, Casc assembled a team to develop a GIS -based interactfve inspectfon program that is used by inspectors and City stafh. The interactfve program has been designed to be compatfble with the City’s database system so that all inspectfon informatfon is imported and reflected in the City software. Casc conducts webinar training programs tailored specifically for the City ’s inspectfon program and provides field training for inspectors and City stafh. MS4 NPDES INSPECTION PROGRAM CITY OF TEMECULA, CA Casc provides industrial and commercial inspectfons for the City in accordance with their Municipal Separate Storm Sewer System (MS4) permit and their storm water ordinance. Inspectfons include observing best management practfces at facilitfes used for protectfng storm water runofh and verifying that facilitfes that require coverage under the Industrial General Permit have the required WDID and SWPPP on site. For high-priority inspectfons, generally industrial and selected commercial facilitfes, the inspector uses EnerGov software in the field to schedule and document facility inspectfons. These inspectfons are conducted on a per -facility basis. For medium and low-priority inspectfons, the inspector conducts drive-by reviews. Casc utflizes the City’s database applicatfons, EnerGov and IG Inspect, a web -based mapping interface, as an organizatfonal and scheduling tool. Casc inspectors view which facilitfes have been inspected, need to be inspected, and require follow -up. Inspectors use the tools to schedule facility inspectfons based on the priority level of the facility to help Casc inspectors guide a more efficient and efhectfve workflow. INDUSTRIAL/COMMERCIAL FACILITY INSPECTION PROGRAM CITY OF IRWINDALE, CA Casc has provided the City of Irwindale with NPDES compliance services during the current MS4 permit term. Services have included oversight of permit programs (minimum control measures), coordinatfon of shared Receiving Water monitoring, and performing 300 industrial/commercial facility inspectfons and development of the associated database. Casc also provided training to City stafh related to the Industrial/Commercial Facilitfes Program and general MS4 permit requirements. Using business license data provided by the City, Casc developed and prioritfzed a list of facilitfes for the Industrial/ Commercial Facilitfes Database including a GIS map of the facility locatfons. Casc developed an inspectfon form for inspectors and then conducted inspectfons at approximately 300 identffied industrial/ commercial facilitfes to verify the implementatfon of Best Management Practfces (BMPs), eliminate illicit connectfons and/or discharges, and verify permit coverage. 7 458 CITY OF PALM DESERT MS4 PERMIT INSPECTIONS AND NPDES SUPPORT SERVICES RFP #2024-RFP-133 B. EXPERIENCE AND TECHNICAL COMPETENCE—CLIENT REFERENCES CLIENT CONTACT INFORMATION SERVICES Cathedral City John Corella, P.E. Director of Engineering/ Public Works (760) 770-0327 jcorella@cathedralcity.gov NPDES MS4 Inspectfon Program and NPDES Support Services (2018-Present) City of Palm Springs Rick Minjares Engineering Associate (760) 323-8523 x8741 rick.minjares@palmspringsca.gov NPDES Program Management (2016-Present) City of La Quinta Amy Yu Associate Engineer (760) 777-7047 ayu@laquintaca.gov Industrial, Commercial, and Restaurant Inspectfon Program (2019-Present) City of Palm Desert Melanie Perry Senior Management Analyst (760)776-6424 mperry@palmdesert.gov NPDES MS4 Inspectfon Program and NPDES Support Services (2020-Present) Riverside County Transportatfon Department Jan Bulinski Senior Planner (951) 955-6859 jbulinski@rivco.org NPDES Program Management (2007-Present) City of Hemet Daniel Cortese Management Assistant/ NPDES (951) 765-3712 DCortese@cityoffemet.org NPDES MS4 Inspectfon Program (2016-Present) City of Temecula Annie Bostre-Le Public Works Stormwater Manager (951) 308-6387 annie.bostrele@temeculaca.gov Industrial and Commercial Inspectfon Program (2017-Present) City of El Monte Lee Torres, P.E. Actfng Public Works & Utflitfes Director/ City Engineer (626) 580-2055 ltorres@elmonteca.gov Technical Consultfng Services Related to NPDES Compliance City of Irwindale Sarah Rocha Engineer Technician/ Public Works Engineering (626) 430-2264 srocha@irwindaleCA.gov Technical Consultfng Services Related to NPDES Compliance 8 459 CITY OF PALM DESERT MS4 PERMIT INSPECTIONS AND NPDES SUPPORT SERVICES RFP #2024-RFP-133 C. FIRM STAFFING AND KEY PERSONNEL The chart below presents the organization of Casc’s proposed team for MS4 Permit Inspections and NPDES Support Services. Casc proposes a primary team of five (5), with an additional five (5) team members available for support on an on-call basis. The team is led by Project Manager Joyce Goode, who will be principally responsible for working and communicating with the City, with support from Technical Director Melanie Sotelo, who will be responsible for day-to-day inspection oversight and scheduling. Casc’s strong team of water quality inspection and technical staff are all experienced in the stormwater compliance requirements for food facilities and hazardous material facilities and have performed numerous stormwater compliance inspections. The Casc team holds professional registrations or credentials that attest to their knowledge, skills, and abilities so that the City can have exceptional confidence in the team. No subconsultants/subcontractors are proposed for use on this project, as Casc is able to perform all of the work and activities described in the proposed Scope of Work. PROJECT MANAGER JOYCE GOODE, CPESC, QSP/D ASSISTANT SHANNA DELGADO, GIT, CESSWI PROJECT ENGINEER/ TECHNICAL DRONE SERVICES CHRIS SIDOR, P.E., CESSWI, QSP, sUAS SENIOR INSPECTOR JOE ROSALES, CPMSM, CESSWI, QSP ADDITIONAL DATABASE SUPPORT CORAL FENECH (GIS SPECIALIST) ADDITIONAL INSPECTOR SUPPORT SAMANTHA BREWER, QISP LOUIS FLORES, CESSWI, QISP, QSP BCEE – Board Certified Environmental Engineer CPMSM – Certified Professional in Municipal Storm Water Management CPSWQ – Certified Professional in Storm Water Quality CPESC – Certified Professional in Erosion and Sediment Control CESSWI – Certified Erosion Sediment and Storm Water Inspector EIT—Engineer in Training GIT – Geologist in Training PE – Professional Engineer QISP – Qualified Industrial Storm Water Practitioner QSD – Qualified SWPPP Developer QSP – Qualified SWPPP Practitioner sUAS—Small Unmanned Aircraft Systems ToR – Construction General Permit Trainer-of-Record No Subs will be needed. TECHNICAL DIRECTOR MELANIE SOTELO, CPMSM, CPSWQ, CPESC, QISP, QSD/P, TOR ENGINEERING/DRONE SERVICE ASSISTANTS ANTHONY SIDOR, QSD/P, CPESC, SUAS REMOTE PILOT KEVIN JIMENEZ, EIT, SUAS REMOTE PILOT 9 460 CITY OF PALM DESERT MS4 PERMIT INSPECTIONS AND NPDES SUPPORT SERVICES RFP #2024-RFP-133 MELANIE SOTELO, MSE, CPMSM, CPSWQ, CPESC, ENVSP, QSD/P, QISP, TORCGP TECHNICAL DIRECTOR Ms. Sotelo has more than 25 years of professional engineering related experience including over 20 years in the specialized field of NPDES Stormwater Permit Compliance. She possesses extensive knowledge of California’s Construction, Municipal (MS4) and Industrial permits, and has extensive experience in civil design, designing of site grading, installing waterlines, and roadway improvement design. Ms. Sotelo has worked extensively with the State Water Resources Control Board, the Santa Ana Regional Board, the Colorado River Regional Board, and the Los Angeles Regional Board. She has been a course instructor for classes related to the Construction General Permit, Riverside County Santa Ana River and Whitewater River watersheds’ NPDES MS4 Permits, and San Bernardino County’s NPDES MS4 Permit. RELEVANT EXPERIENCE City of Palm Springs Stormwater Program Manager: Casc is currently under contract with the City of Palm Springs for NPDES services, with Ms. Sotelo serving as the City’s Consultant Storm Water Program Manager providing guidance and implementation requirements of the Whitewater River Watershed to verify that the City remains in compliance with its MS4 Permit and Statewide Trash Amendments. Ms. Sotelo’s duties include oversight of construction inspections, commercial/industrial inspections, municipal staff training, policy and ordinance reviews and modifications, WQMP program guidance, IC/ID inspections and enforcements, trash amendment services, and other activities related to general NPDES requirements. City of Cathedral City and La Quinta: Casc is currently under contract with the Cities of Cathedral City and La Quinta to provide NPDES inspection services. Ms. Sotelo serves as the Project Manager for both agencies and is responsible for oversight and resources related to meeting inspection requirements per the WWR MS4 Permit. Ms. Sotelo is responsible for verifying inspections are completed in a manner that remains compliant with MS4 Permit requirements. City of Hemet Stormwater Program Assistance: Casc is currently under contract with the City of Hemet to provide Stormwater Program Management assistance services. Ms. Sotelo serves as the Project Manager for commercial/industrial and restaurant facility inspections conducted by Casc and City staff. Ms. Sotelo provides oversight and training to City staff, providing ongoing training of existing staff on the implementation of the Santa Ana River MS4 Permit. Ms. Sotelo represents the City at the Santa Ana River Technical Advisory Committee (TAC) meetings, the SAR/SMR BMP Development Subcommittee meetings, and the Lake Elsinore/Canyon Lake TMDL Task Force. Ms. Sotelo also provides oversight and guidance of the City ’s Statewide Trash Amendment planning and mapping activities. Riverside County Transportation Department NPDES Coordination and Stormwater Program Support Services: Casc is currently under contract with County Transportation to provide Stormwater Program Management Assistance Services. Ms. Sotelo served as Transportation Department ’s Interim NPDES Coordinator, provided training to the current NPDES Coordinator, and continues to provide NPDES support to staff on the implementation of the County’s three NPDES MS4 Permits. Ms. Sotelo is currently representing the Santa Ana Education: •M.S. Engineering-Environmental/ University of California – Riverside •B.S. with Honors/ Environmental Science/ University of Phoenix, AZ Professional Certifications/ Affiliations: •CASQA Board of Directors (2021- present) – Director •CASQA Executive Program Committee – Past Co-Chair Construction Subcommittee •International Erosion Control Association, Western Chapter (2018 - Present) – Administrative Vice President •Certified Professional in Storm Water Quality (CPSWQ) No. 913 •Certified Professional in Erosion and Sediment Control (CPESC) No. 5693 •Certified Professional in Municipal Stormwater Management (CPMSM) No. 406 •California Stormwater Quality Association - Trainer of Record, Construction General Permit •California Stormwater Quality Association - Qualified SWPPP Developer and Qualified SWPPP Practitioner (QSD/P) Certification No. 225 •California Stormwater Quality Association - Qualified Industrial Stormwater Practitioner (QISP) Certification No. 685 10 461 CITY OF PALM DESERT MS4 PERMIT INSPECTIONS AND NPDES SUPPORT SERVICES RFP #2024-RFP-133 River Watershed on the Public Information and Education Subcommittee, attends Co-Permittee TAC meetings and Permit negotiations. Ms. Sotelo is also overseeing planning and mapping activities related to the Statewide Trash Amendments. Water Quality Management Plan (WQMP) and Transportation BMP Guidance Training, San Bernardino County: As part of Casc’s experienced Water Quality Training Team, Ms. Sotelo was responsible for the development and co-presentation of the County’s WQMP training for San Bernardino County agencies and the public. Additionally, Ms. Sotelo was responsible for the development of training for the County ’s Transportation BMP Guidance document that was presented to agency staff. Training covered feasibility determination for implementation of LID BMPs in both public and private projects, including selection of BMPs based on the hierarchy of LID BMP implementation. 11 462 CITY OF PALM DESERT MS4 PERMIT INSPECTIONS AND NPDES SUPPORT SERVICES RFP #2024-RFP-133 JOYCE GOODE, CPESC, QSD/P PROJECT MANAGER Ms. Goode has over nineteen years of experience in the civil engineering and consultfng industry, with work on projects as diverse as multf-phased residentfal developments to utflity projects. Her career as a Project Manager is focused on NPDES permit compliance and she is an expert in the Industrial General Permit, Constructfon General Permit, and MS4 Permits. Ms. Goode assists multfple municipalitfes with managing compliant programs. She is currently leading teams in the development of GIS-based applicatfons for management of NPDES compliance actfvitfes to meet the requirements of MS4 Permits. She is an expert in commercial, industrial and constructfon inspectfons. In additfon to her inspectfon experience, Ms. Goode has reviewed, prepared and processed multfple water quality management plans and storm water pollutfon preventfon plans to comply with NPDES permitting requirements. RELEVANT EXPERIENCE NPDES Inspections, City of Palm Springs: Ms. Goode is Assistant Project Manager for the NPDES inspectfon program for the City of Palm Springs. She organizes and utflizes resources to complete tasks to comply with regulatory requirements for all Riverside County MS4 Whitewater River Region compliance-related inspectfons: commercial, industrial, municipal and constructfon. She uses local, state and federal databases to identffy sites that meet the criteria for inspectfons under current permitting requirements. Ms. Goode also provides oversight for all inspectfon staff and program actfvitfes. As part of the inspectfon program, Ms. Goode has assembled and leads a team in the development of a fully interactfve inspectfon program using GIS software. The interactfve program integrates GIS-based applicatfons for the collectfon/editfng of map data and form data for all inspectfons. She works regularly with City staff to provide inspectfon updates, recommendatfons regarding NPDES compliance, and reportfng data. Ms. Goode develops innovatfve training classes for the field and classroom environments to educate City and consultfng staff on NPDES -related topics. Commercial/Industrial Inspections, Cathedral City: Ms. Goode is Assistant Project Manager for the NPDES Inspectfon program for the Cathedral City. She attends and leads kick -off meetfngs and progress meetfngs as needed via conference calls or web based communicatfon platiorms. She assists the City ’s NPDES coordinator in identffying commercial and industrial businesses within the City’s jurisdictfon that meet inspectfon criteria per the MS4 Permit and SWMP. Ms. Goode provides oversight of all inspectfons and provides updates to the City. She informs the City of potentfal or immediate threats to water quality. She aides in managing the project budget and prepares monthly progress reports to the City. Commercial/Industrial Inspections, City of La Quinta: Ms. Goode is Assistant Project Manager for the NPDES Inspectfon program for the City of La Quinta. Ms. Goode evaluated facilitfes within the City ’s jurisdictfon to determine if the facilitfes met the inspectfon criteria per the MS4 Permit and SWMP. She updated the City ’s inspectfon inventory with new commercial and industrial businesses and provided recommendatfons for existfng facilitfes. She also works with the City’s NPDES Coordinator to determine which facilitfes are compliant with the current Permit inspectfon frequency and which facilitfes need additfonal inspectfons. Ms. Goode developed a 3-year inspectfon schedule for all inventoried facilitfes and provides oversight of all inspectfons. Commercial/Industrial Inspections, City of Temecula: Ms. Goode is the Project Manager for the Commercial and Industrial facilitfes inspectfon program for the City of Temecula. She has developed inspectfon standards that comply with the Riverside County MS4 Permit Santa Margarita Region, the Santa Margarita Watershed Water Quality Improvement Plan, and the City’s Jurisdictfonal Runoff Management Plan (JRMP). Ms. Goode utflizes City databases and GIS software to construct a 5-year inspectfon program for over 4,000 facilitfes. As part of the program, Ms. Goode also analyzes the actfvitfes of each facility and its proximity to a 303(d)/TMDL listed waterbody to provide recommendatfons to the City to assist in identffying High Priority facilitfes. Education: BS/Environmental Geology / California State University, San Bernardino Professional Registrations/ Affiliations: • Certffied Professional in Erosion and Sediment Control (CPESC) No. 8448 •California Stormwater Quality Asso- ciatfon - Qualified SWPPP Developer and Qualified SWPPP Practftfoner (QSD/P) Certfficatfon No. 25905 12 463 CITY OF PALM DESERT MS4 PERMIT INSPECTIONS AND NPDES SUPPORT SERVICES RFP #2024-RFP-133 Ms. Goode has field trained City staff and crews on inspectfon procedures and minimum BMP standards as specified by regulatory requirements. She develops the inspectfon teams and schedules. Ms. Goode also works with City staff to provide updates on field investfgatfons and reportfng data. NPDES Compliance Program, City of Hemet: Ms. Goode is the Assistant Project Manager for the NPDES Compliance Program for the City of Hemet. She has worked closely with the City ’s NPDES coordinator to develop a compliant commercial and industrial inspectfon program including a GIS-based interactfve inspectfon program using mobile and web apps that are used by both consultfng and City staff. Ms. Goode also attends monthly LE/CL TMDL Task Force meetfngs and represents the City ’s interests during TMDL development. She also leads project kick-off meetfngs and project progress meetfngs with City staff. She assists in the preparatfon of the City ’s Annual Report and she provides on -call assistance with compliance measures related to the MS4 Permit, DAMP, LID and Trash Provision requirements. Ms. Goode also provides evaluatfons of existfng LID and Facility Pollutfon Preventfon Plans and updates as needed. She develops training programs and provides training to City and field staff regarding MS4 compliance. Ms. Goode prepares monthly project reports and manages the overall schedule and budget of the project. She verifies that tasks are completed on tfme and per contract terms. Commercial/Industrial and FOG Inspections, City of Montclair: Ms. Goode is the Project Manager for the NPDES Inspectfon program for the City of Hemet. She works with the City ’s NPDES coordinator to identffy commercial and industrial businesses within the City ’s jurisdictfon that meet inspectfon criteria per the San Bernardino County Phase I MS4 Permit Santa Ana Region. Ms. Goode trains and assists staff in using the County’s stormwater management software to complete inspectfons and review compliance history of facilitfes. She also provides oversight for FOG inspectfons to verify compliance with the City’s FOG Program. NPDES Training Services, Riverside County FC&WCD: Ms. Goode is a trainer for the County’s NPDES training program. She assists with coordinatfng the delivery of the training program with the District, developing course content, and instructfng training sessions. Ms. Goode is currently providing training for the Commercial Industrial program for the Santa Ana River Watershed, Santa Margarita Watershed, and the Whitewater River watershed. 13 464 CITY OF PALM DESERT MS4 PERMIT INSPECTIONS AND NPDES SUPPORT SERVICES RFP #2024-RFP-133 SHANNA DELGADO, GIT, CESSWI, QSP ASSISTANT PROGRAM MANAGER Ms. Delgado is a member of Casc’s Water Quality Division. Having obtained a B.S. in Environmental Geology, Ms. Delgado has developed the fundamental knowledge of groundwater hydrology, field methods in hydrology, engineering geology, and geomorphology. An actfve member of the Inland Geological Society, she also previously partfcipated in CSUSB Geology Club and Terrestrial Investfgatfon Club. She has been the recipient of several awards, including: CHC Demonstratfng Excellence in the Earth Science Discipline, Terrestrial Investfgatfon Club Scholarship, and the Western Science Center Volunteer Excellency Award. RELEVANT EXPERIENCE Industrial & Commercial Facility Site Inspections, Palm Springs, CA: Ms. Delgado has conducted inspectfons to determine compliance with the City’s Municipal Stormwater permit. Ms. Delgado has experience inspectfng various business facilitfes. Looking into outdoor operatfons, material storage, waste management and potentfal sources of non-stormwater discharge, she collects and records field data to report. If non -compliance is determined, she informs the responsible party of different methods or BMPs to prevent pollutants from entering the storm drain. Commercial & Industrial Facility Inspections Program, City of Hemet: Ms. Delgado has conducted Commercial and Industrial facility inspectfons for compliance with the City’s Municipal Stormwater Permit. For businesses, restaurants and industrial facilitfes, Ms. Delgado assesses the site drainage and BMPs in place. She has evaluated and made record of facilitfes grounds maintenance, outdoor operatfons and material storage to ensure stormwater inlets are protected from trash and other hazardous materials. In the event of non -compliance, she returns for follow-up inspectfon. Ms. Delgado submits her findings and offers solutfons to educate the facilitfes on the proper methods to control and prevent pollutants from entering the storm drain system. Construction Inspections, DR Horton: Ms. Delgado assisted a Qualified Stormwater Practftfoner with inspectfon of actfve Risk Level 2 constructfon sites. She observed BMP deficiencies and reported them to the superintendent so repair could begin according to the project’s Stormwater Pollutfon Preventfon Plan. California Department of Transportation – TMDL Monitoring Program, Los Angeles County: Ms. Delgado performed characterizatfon sampling for the Caltrans Total Maximum Daily Load (TMDL) monitoring in District 7. She sampled stormwater, recorded field measurements, and transported samples to the laboratories. Upper Santa Margarita Irrigated Land Group – Del Luz: Ms. Delgado took part in site reconnaissance for Water Quality and Bioassessment Monitoring for agricultural irrigated land in Del Luz. She was responsible for preparatfon, organizatfon, and calibratfon of field equipment and materials. Also, she recorded field measurements, and collected then secured grab samples from outiall site locatfons within the SMR watershed. California Department of Transportation – ASBS Monitoring Program, Los Angeles County: Ms. Delgado assisted a sampling team for the Areas of Special Biological Significance (ASBS) Special Protectfons Monitoring Program for California Department of Transportatfon District 7. She helped prepare, organize, and calibrate field equipment tools and sampling kits used for field crews to sample stormwater runoff occurring in target locatfons along the Pacific Coast Highway in the City of Malibu coastline. Ms. Delgado collected stormwater samples, recorded field measurements, and transported samples to the laboratories. EDUCATION: •BS/Environmental Geology/ California State University San Bernardino/California PROFESSIONAL REGISTRATIONS/ AFFILIATIONS: •Geologist in Training (GIT), 936 •40-Hour HAZWOPER, #37931 •Certffied Erosion Sediment Stormwater Inspector (CESSWI) No. 5727 14 465 CITY OF PALM DESERT MS4 PERMIT INSPECTIONS AND NPDES SUPPORT SERVICES RFP #2024-RFP-133 CHRIS SIDOR, P.E., CESSWI, QSP, sUAS PROJECT ENGINEER/TECHNICAL DRONE SERVICES Mr. Sidor is a certffied UAV operator holding a Part 107 Remote Pilot Certfficate, demonstratfng his compliance with FAA regulatfons for commercial drone operatfons. In additfon to this mandatory certfficatfon, Mr. Sidor goes above and beyond industry standards by earning an AUVSI TOP Level 2 certfficatfon, which highlights his commitment to safety, professionalism, and operatfonal excellence in unmanned aerial systems (UAS). Furthermore, as a licensed Professional Engineer (PE), Mr. Sidor brings a unique blend of technical expertfse and engineering insight to his UAV work, applying the highest standards of precision and compliance. His qualificatfons allow him to deliver high-quality, secure, and compliant results for a range of projects, including critfcal infrastructure inspectfons, environmental assessments, and large - scale public works. RELEVANT EXPERIENCE SOUTHERN CALIFORNIA EDISON (SCE) HYDRO POWER DIVISION – LEE VINING, KERN RIVER (REACH 1 & 3), LUNDY CANYON, RUSH CREEK, SANTA ANA FERC RELICENSING – DRONE INSPECTIONS AND DOCUMENTATION OF DAMS, LAKES, STREAMS, INTAKES, POWERHOUSES, SPILLWAYS, – VARIOUS LOCATIOONS IN CA: Mr. Sidor provided specialized field and office drone support for Southern California Edison (SCE) as part of the Federal Energy Regulatory Commission (FERC) relicensing efforts for multfple hydroelectric facilitfes. He operated in remote and challenging environments across the Eastern Sierras, Southern Sierras, and San Bernardino Natfonal Forest, including sites near Yosemite Natfonal Park and the Kern River Hydropower facility. Mr. Sidor conducted comprehensive aerial surveys, capturing high-quality videography and imagery of critfcal infrastructure such as concrete and earthen dams, powerhouses, intakes, spillways, pipelines, tunnels, siphons, fish ladders, SCE buildings, and adjacent Natfonal Forest recreatfon facilitfes. He produced 360° imagery and detailed visual reports, including orthomosaic maps and 3D models, to support engineering assessments, project planning, and public outreach. One project included the integratfon of a multfspectral camera onto one of the drones to assist with predictfng animal habitats based on the flora and distance to water sources. Additfonally, Mr. Sidor collaborated with SCE to develop scripts and integrate UAV data into videos presented at public meetfngs and hosted on the SCE website. Throughout these operatfons, he maintained compliance with the strict requirements of the forestry service, FAA, and military airspace regulatfons and maintained an AUVSI TOP Level 2 status. Data was delivered in secure formats for use in official presentatfons and documentatfon. COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS (DPW) – ON-CALL AERIAL PHOTOGRAPHY AND VIDEOGRAPHY UNMANNED AERIAL VEHICLE SERVICES – VARIOUS LOCATIONS IN LA COUNTY: Mr. Sidor provides unmanned aerial vehicle (UAV) services under a contract with the Los Angeles County Department of Public Works. He conducted aerial imagery and videography for various public works projects, capturing high - resolutfon imagery and video for use in planning, inspectfons, documentatfon, and reconnaissance. Mr. Sidor worked closely with the project manager and engineers to integrate UAV data into project workflows, and provides accurate and tfmely deliverables. He utflizes advanced post -processing techniques to produce orthomosaic maps and detailed visual reports. Throughout these projects, Mr. Sidor maintained compliance with FAA regulatfons and adheres to the quickly evolving UAV requirements. All data is delivered in secure formats for use on official platiorms. Education: B.S./Civil Engineering / Arizona State University Professional Registration/ Affiliations •Professional Engineer (California, #90500) •Professional Engineer (Arizona, #71611) •sUAS Remote Pilot (California, #4030250) •Certified Erosion, Sediment and Storm Water Inspector (CESSWI) •California Stormwater Quality Association - Qualified SWPPP Practitioner (QSP) Certification •40 Hr HAZWOPER 15 466 CITY OF PALM DESERT MS4 PERMIT INSPECTIONS AND NPDES SUPPORT SERVICES RFP #2024-RFP-133 WESTERN MUNICIPAL WATER DISTRICT, SOLAR PROJECT UAV RECONNAISSANCE AND EROSION ANALYSIS - RIVERSIDE, CA: Casc was engaged by Western Municipal Water District (WMWD) to address and resolve post - constructfon erosion issues on a 5.64-acre solar array project. Mr. Sidor leveraged UAV technology to conduct an aerial survey of the site, producing detailed topographical maps and georeferenced drainage area maps. These maps were critfcal in the engineering analysis and development of effectfve mitfgatfon strategies. DR HORTON CONSTRUCTION SITE AERIAL DRONE RECONNAISSANCE AND PROJECT DOCUMENTATION- VARIOUS LOCATIOONS IN CA: Mr. Sidor conducted UAV flights over multfple DR Horton constructfon sites to document progress and environmental compliance. The aerial imagery and video captured during these flights were integral to supportfng the Notfce of Terminatfon (NOT) process for SWPPPs. Mr. Sidor utflized the high - resolutfon imagery to create orthomosaic maps, which were then integrated into CAD plans to develop detailed NOT maps. These maps provided essentfal documentatfon, demonstratfng that the sites met the necessary regulatory requirements before project closure. CITY OF SAN BERNARDINO, VINCENT WELL AERIAL IMAGERY, ORTHOMOSIC MAPS, VEGETATION MAPPING – SAN BERNARDINO, CA: Heavy rainfall during 2019/2020 posed a significant risk to the foundatfon of the City of San Bernardino’s Vincent Well facility, located within the Cajon Creek floodplain. Casc was contracted by the city to design flood protectfon and stream stabilizatfon improvements for the site. Mr. Sidor played a key role in this project by employing UAV technology to support the engineering team. He utflized georeferenced aerial imagery to produce an orthomosaic photo, elevatfon maps, and a 3D model of the well site and surrounding area. These deliverables were instrumental in analyzing drainage patterns and assessing potentfal erosion impacts. The UAV data also contributed to the design of effectfve slope stabilizatfon measures. Additfonally, Mr. Sidor assisted the on-site biologist with a site assessment and vegetatfon mapping, providing high-quality aerial images that were used in a constraints level analysis report. His contributfons assisted in guiding the engineering decisions for the project’s flood protectfon and stabilizatfon efforts. CITY OF INDUSTRY, FOLLOWS CAMP AERIAL RECONNAISSANCE - LOS ANGELES COUNTY, CA: Historic Follows Camp, a 100-acre property owned by the City of Industry and located along the lower East Fork of the San Gabriel River, experienced significant damage after recent heavy rains and flooding events. The flooding destroyed the property’s bridge and cut off vehicular access. Mr. Sidor utflized UAV technology to conduct aerial reconnaissance of the site, producing video and statfc imagery that were critfcal for the team’s inspectfon and assessment of the flood damage. The high-quality images and videos captured by Mr. Sidor were essentfal in identffying erosion for the design of flood mitfgatfon measures. BRASADA CONSTRUCTION SITE AERIAL DRONE RECONNAISSANCE AND PROJECT DOCUMENTATION - SAN DIMAS, CA: Mr. Sidor has been utflizing UAV technology to provide aerial site reconnaissance for constructfon operatfons at an exclusive gated community adjacent to the Angeles Natfonal Forest. The 273 -acre site, characterized by steep topography and sensitfve environmental features, required significant earthwork, including excavatfon, remedial work, and the placement of crushed rock. Infrastructure development included roads, storm drain systems and utflitfes, with a strong emphasis on environmental compliance and mitfgatfon measures. Mr. Sidor’s drone flights captured both video and statfc imagery, which were used for various constructfon management purposes, including the development of SWPPP staging plans. The aerial documentatfon proved especially valuable during the record -setting 2018-2019 rainy season, which rendered much of the site inaccessible by conventfonal means. TELECOMMUNICATION TOWER SURVEYS AND INSPECTIONS AND POST PROCESSING OF UAV FIELD SURVEYS —VARIOUS LOCATIONS - ARIZONA, COLORADO, CALIFORNIA, NEVADA, TEXAS, MONTANA: Mr. Sidor utflized UAV technology to support telecommunicatfon tower surveys and inspectfons across multfple states. These surveys involved a range of tasks, including the observatfon of existfng telecom towers, surveying proposed tower locatfons, rooftop surveys, and assessments of existfng light standards for potentfal 5G communicatfon retrofits. Back in the office, Mr. Sidor analyzed and processed the collected data, using post -processing software and AutoCAD to generate precise and actfonable insights from the UAV imagery. 16 467 CITY OF PALM DESERT MS4 PERMIT INSPECTIONS AND NPDES SUPPORT SERVICES RFP #2024-RFP-133 LOUIS FLORES, QISP, CESSWI, QSP INSPECTOR Mr. Flores has over nine years of experience in the engineering and survey field. He is actively involved with Casc’s stormwater group providing stormwater monitoring and sampling, IC/ID response, construction site inspections, and commercial/ industrial inspections. RELEVANT EXPERIENCE Commercial / Industrial Facility Inspections, City of Palm Springs and City of Cathedral City: Mr. Flores has conducted inspections of commercial - industrial facilities to determine compliance with the local, state, and federal stormwater ordinances. He has evaluated businesses, restaurants, auto repair facilities, gasoline stations and industrial facilities for proper stormwater pollution prevention measures. City of Palm Springs IC/ID On-Call Response Services, City of Palm Springs: Mr. Flores responds to citizen complaints regarding the discharge of pollutants to the City’s drainage system. He documents what current site conditions are and educates the property owners/business operators of the discharge to adhere to local ordinances, and state and federal stormwater regulations. Mr. Flores coordinates with local agencies including Code Enforcement, Building and Safety, emergency spill response clean -up crews and Palm Springs Wastewater Treatment Plant representatives and oversees clean up, repair, and maintenance procedures when necessary. He follows up with the dischargers to verify corrective action has taken place or is in the process of taking place. He serves enforcement actions if needed to the owners/operators, submits findings to the City of Palm Springs and the responsible parties, and writes formal statements to further describe and detail the evidence of the on - call response. Construction Site Inspections, City of Palm Springs: Mr. Flores has conducted inspections of privately owned and city owned construction site projects to determine compliance with the City of Palm Springs stormwater ordinance. He evaluates active construction sites for proper stormwater pollution prevention measures. He records field inspection data, and submits findings to the City of Palm Springs and to the site operators. Trash Amendment Mapping, City of Palm Springs and County of Riverside Whitewater Region: Mr. Flores has researched and mapped storm drain catch-basins, inlets, surface drainage areas, and other stormwater features for the implementation of statewide Trash Amendment capture devices for high density residential, commercial, industrial, and public transportation areas within the City of Palm Springs and within the County of Riverside. Low Impact Development (LID) Post -Construction BMP Inspections, City of Carlsbad: Mr. Flores has inspected over 150 Low Impact Development Post-Construction BMP installations for the City of Carlsbad. He scheduled and conducted the field inspections and made field observations of post -construction BMPs identified in the WQMP of the project site. He evaluated several different types of post -construction BMPs including bioretention facilities, extended detention basins, infiltration basins, and vegetated swales. In his report, he investigated and recorded signs of recent maintenance, the need for future maintenance, damage to the BMP, any signs of standing water or odors and checked for proper design function. He wrote up an inspection report and took photos of each Low Impact Development Post-Construction BMP and reported findings to the City of Carlsbad. NPDES Compliance Field Review Inspections, Corona-Norco Unified School District: Mr. Flores conducts NPDES construction compliance inspections for public school projects for the Corona -Norco Unified School District. He evaluates them for proper stormwater pollution prevention measures and compliance with the state of California Construction General Permit. Commercial & Industrial Facility Inspections Program, City of Hemet: Mr. Flores conducts commercial/ industrial and restaurant facility inspections for compliance with the City ’s Municipal Stormwater Permit. Mr. Flores is responsible for documenting and submitting findings to the City of Hemet as well as facility managers. In the event of non-compliance, Mr. Flores educates the facility employees and schedules a follow-up inspection. Education: BS/Environmental Science / University of California, Riverside Professional Registrations/ Affiliations: •California Stormwater Quality Association - Qualified Industrial Stormwater Practitioner (QISP) No. 00940 •Certified Erosion, Sediment and Storm Water Inspector (CESSWI) No. 4940 •California Stormwater Quality Association - Qualified SWPPP Practitioner (QSP) No. 26490 17 468 CITY OF PALM DESERT MS4 PERMIT INSPECTIONS AND NPDES SUPPORT SERVICES RFP #2024-RFP-133 ) SAMANTHA BREWER INSPECTOR Ms. Brewer joined Casc Water Quality Department in December 2021. Ms. Brewer is actively involved with Casc’s stormwater group, managing commercial industrial inspections, on-call illicit connection/illegal discharge response services, and construction site SWPPP inspections on SCE and homebuilding projects. She educates business owners, industrial business owners and managers, construction site operators, and private homeowners about proper stormwater pollution prevention measures. RELEVANT EXPERIENCE Environmental Analyst, Colton, CA: Ms. Brewer is a field team member for private and public water quality clients. She assists with preparing SWPPPs, COIs, and NOTs to meet the terms of the California Construction General Permit (CGP). She prepares spreadsheets to summarize data, and edits presentation materials. Ms. Brewer assists in presenting training modules, she proofreads and edits documents, and assists with billing and billing spreadsheets. Commercial/Industrial Facilities, City of Palm Springs/City of Palm Desert / City of Cathedral City: Ms. Brewer has evaluated businesses, restaurants, and Commercial-Industrial facilities to determine compliance with city stormwater ordinances, and for proper stormwater pollution prevention measures. She has assisted with scheduling, budget management, recorded field inspection data and submitted findings to the responsible parties. She educated the responsible parties on suitable stormwater pollution prevention housekeeping measures and followed up when necessary. For the City of Palm Springs, Ms. Brewer has worked on the documentation for the pavement rehabilitation projects. She has submitted Notice of Termination, and Annual Reports in the Stormwater Multiple Application and Report Tracking System (SMARTS). NPDES Inspections, City of Rialto: Ms. Brewer serves as the Assistant Project Manager for the NPDES inspection program for the City of Rialto. She provides oversight for inspection staff and program activities. She assists with SMARTS (Notice of Termination, Annual Reports, Change of Information), scheduling and budget spreadsheets. Linear Utility Construction Sites, Southern California Edison: Ms. Brewer ensures proper BMP installation and verifies that soil cover is reinstated after installation has been completed. She uses CloudCompli database to generate reports and verify site weather conditions. Education: B.A. Criminology and Justice Studies / California State University, San Marcos, CA Professional Registrations/Affiliations: •California Stormwater Quality Association - Qualified Industrial Stormwater Practitioner (QISP) No. 01499 ▪California State University San Marcos- Academic Dean’s list four consecutive semesters (2018- 2020) ▪CSUSM Research Symposium - Awarded for Sociological research presented Spring 2019. 18 469 CITY OF PALM DESERT MS4 PERMIT INSPECTIONS AND NPDES SUPPORT SERVICES RFP #2024-RFP-133 CORAL FENECH GIS SPECIALIST Ms. Fenech is an expert in the GIS field, utilizing a wide variety of platforms, including ArcGIS 10.6, ArcGIS Spatial Analyst, ArcGIS 3D Analyst, ArcGIS Data Reviewer, ArcGIS Online, Web AppBuilder for ArcGIS, Story Maps, ArcGIS for Server, ArcSDE, ArcGIS Collector, Survey123, Geometric Network, ArcHydro, ModelBuilder, ArcPad, Trimble GPS, Arrow GPS, Adobe Illustrator, Adobe Photoshop, Microsoft Access, Microsoft Excel, Sharepoint 2013, Sharepoint Designer, Bluebeam, AutoCAD 2016, ERDAS, ENVI, Oracle, Python, SQL, VBA, HTML, and XLM. Ms. Fenech possesses an extensive understanding of cartographic and graphic design principles for map production in print and online. She is competent in statistical analysis and experienced with geodatabase design, creation, and maintenance from spatial and non-spatial data. Ms. Fenech brings strong environmental experience in analyzing and evaluating a wide variety of technical documents, environmental analyses, and associated with programmatic-level projects. She will serve as the City’s Geography Information Systems Specialist. RELEVANT EXPERIENCE: Commercial/Industrial Inspection Forms and Databases, City of Hemet: Ms. French is the lead GIS developer for the Commercial and Industrial facilities inspection program for the City of Hemet. She works closely with the City’s NPDES coordinator and inspectors to develop a digital inspection form and set up GIS information for direct digital transer to the City’s municipal software tracking system, Cartegraph. Ms. French was able to work with the inspectors to modify form layouts to promote a more efficient inspection reporting process, as well as allowing for a simplified data dump of completed inspection information for annual reporting purposes. I-15 Widening from San Bernardino to I-215-HDR Engineering/Riverside County Transportation Commission, Riverside County, CA: GIS Lead on this 43.5 mile corridor improvement project. Coordinated field equipment set up, data and mapping needs, post-processing of the data, and any equipment/software training required by the ICF J&S field teams. Panasonic Toughbooks with ArcPad and Trimble units with standardized Data Dictionaries were provided to collect data for various technical reports such as Noise, Archeology, Jurisdictional Delineation, and Biology. ArcPad Application Builder was used to create consistently used forms and modify tools to maintain efficiency in the field. Provided training to the teams in using the equipment and software for data collection. Responsible for post-processing, managing, and organizing the field data coming in each week. In addition, coordinated all updates provided by HDR on the Rights of Entry, design files, and other base data to the team so they had the most current information in the field. Mid County Parkway, Caltrans and Riverside County Transportation Commission, Riverside County, CA: Created various maps and datasets from extensive GIS analysis to compile a list of impacted parcels that needed surveying because of the proposed 32 -mile corridor in Riverside County. Utilized cultural and biological criteria to derive parcel data and provide adequate metadata. Provided mapping and analysis for sections on Water Quality, Hazards, Community Impact Assessment, and Jurisdictional Delineation. Maintained and managed all corridor changes received from the engineers as well as map and data requests made by the client. Developed a secure database using Microsoft Access and VBA. EDUCATION: •B.A./Geography/GIS Certification/ California State University, Long Beach Special Topics Study in Remote Sensing and Digital Image Processing •ESRI Instruction Led Training Using ArcGIS for Water Utility Workflows—August 2016 User Workflows for ArcGIS Online Organizations—August 2016. PROFESSIONAL REGISTRATIONS, TRAINING, CERTIFICATES, LICENSES & AFFILIATIONS: •California Public Utilities Commission (CPUC) Certified •Women Business Enterprise (WBE) AREAS OF EXPERTISE: •Geographic Information System Mapping Technology (GIS) •Coordinating with Engineers and interpreting As-Built Drawings •Adept in cartography and map production •Generating figures and analysis for CEQA/ NEPA documents • GPS equipment and applications • Applications that support spatial and statistical analysis 19 470 CITY OF PALM DESERT MS4 PERMIT INSPECTIONS AND NPDES SUPPORT SERVICES RFP #2024-RFP-133 I-605/I-5 Interchange Improvement Project PA/ED, Metro: Manage the GIS for I-605/I-5 PA/ED technical sections. Provide figures, calculations, and coordination with technical leads and engineering. Work closely with other involved Primes and Sub-consultants to achieve a cohesive and defensible submittal while meeting tight deadlines and budget. Project is in progress. Tehachapi Renewable Transmission Project Biology Monitoring, Southern California Edison: GIS Lead on this five year/$40M project and provided full-time GIS support to the TRTP Bio Team in field surveys, construction monitoring, report figures and calculations, and SCE Bio ad hoc requests. Coordinated the purchase of field equipment needs, data dictionary and ArcPad form set up, training required by the field teams. Worked with SCE and Sub-consultants in integrating engineering and managing continual updates to those files. Provided weekly file updates to SCE, ICF GIS, and Sub-consultant GIS that includes restriction data needed for construction efforts. 20 471 CITY OF PALM DESERT MS4 PERMIT INSPECTIONS AND NPDES SUPPORT SERVICES RFP #2024-RFP-133 JOE ROSALES, CPMSM, CESSWI, QSP SENIOR INSPECTOR Mr. Rosales has more than 35 years of professional experience with a municipality, with over 17 years specializing in NPDES compliance. He administered the stormwater program for the City of Montclair. He also served as Chairperson for San Bernardino County’s stormwater Public Education subcommittee, and Chairperson for the County’s stormwater database, playing an intricate role in revamping the application to better serve all permittees. Mr. Rosales understands firsthand the challenges municipal governments face implementing the NPDES Permit. RELEVANT EXPERIENCE City of Palm Springs and Rancho Mirage: Casc is currently under contract with the cities of Palm Springs and Rancho Mirage to provide NPDES inspection services. Mr. Rosales serves as a back -up inspector for both agencies to ensure commercial and construction projects are inline with meeting requirements per the WWR MS4 Permit. Mr. Rosales remains responsible to verify Inspections are completed in a manner that remains compliant with both MS4 Permit requirements and coronavirus pandemic restrictions. City of Pomona: Casc is currently under contract with the City of Pomona to provide NPDES inspection services and Fats, Oils and Grease (FOG Program). Mr. Rosales serves as the Lead Inspector for Pomona and is responsible for oversight and resources related to meeting inspection requirements per the Los Angeles MS4 Permit. Mr. Rosales remains responsible to verify Inspections are completed in a manner that remains compliant with both MS4 Permit requirements and coronavirus pandemic restrictions. City of Rialto: Casc is currently under contract with the City of Rialto to provide Stormwater Program Management assistance services. Mr. Rosales serves as the Assistant Project Manager for commercial/industrial and restaurant inspections, including Fats, Oil and Grease (FOG Program) interceptor inspections conducted by Casc and City staff. Mr. Rosales provides oversight and training to City staff, providing ongoing training of existing staff on the implementation of the Santa Ana River MS4 Permit and the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems Order NO. 2006 -0003-DWG. Mr. Rosales represents the City at San Bernardino County’s Permittee General Meetings, and the Public Education subcommittee. NPDES Inspections, Montclair, CA: Mr. Rosales supervised industrial/commercial inspectors and has an exemplary reputation as a “field trainer” for commercial and industrial inspections. He conducted thousands of industrial/commercial inspections, and also served as a SWPPP inspector, stormwater treatment device installation inspector associated with the WQMP, and post-construction BMP inspector. He has experience as a FOG inspector as needed. Stormwater Project Manager, Montclair, CA: Mr. Rosales assisted with implementation of the NPDES Permit for the City of Montclair. He updated, revised and created municipal ordinances to comply with all federal and state stormwater regulations. Mr. Rosales assisted with the review of CEQA documents to ensure compliance with all federal, state, and local stormwater regulations. He created and managed a Water Quality Management Plan program for the City to ensure all federal, state, and local laws were followed. He prepared and managed the City’s stormwater budget to ensure the City was in compliance with the permit and to ensure the City stayed within budget. He assisted with the creation of the Comprehensive Bacteria Reduction Plan for the Dry Weather Flow TMDL and implemented a plan to show the City of Montclair was a non -significant discharger to the Santa Ana River. He also created the Illicit Connection/Illegal Discharge (IC/ID) program for the City. Through the IC/ID program, he created an educational program for the residences of the City. Education: • Various Coursework, University of California, Riverside Professional Registrations/ Affiliations: • CPMSM Certification (CA, No. 219) • CESSWI Certification (CA, No. 1223) • QSP Certification (CA, No. 1223) • Certified Environmental Compli- ance Inspector Grade 1 (CA, No. 0274119) 21 472 CITY OF PALM DESERT MS4 PERMIT INSPECTIONS AND NPDES SUPPORT SERVICES RFP #2024-RFP-133 KEVIN JIMENEZ, E.I.T. ENGINEERING/DRONE SERVICE ASSISTANT Mr. Jimenez has been utilized in a variety of field support roles for the past three years with Casc. From BMP monitoring station installations, to landfill operations, to AutoCAD support in the office, his ability to take on new and challenging tasks in support of the program managers is a valuable asset to the team. RELEVANT EXPERIENCE WQMP Reviews – Riverside County, CA: Mr. Jimenez provides professional reviews of grading plans and water quality management plans (WQMPs) for the Riverside County Transportation Department. Grading plans are reviewed for compliance with County standards and the Riverside County Grading Ordinance, along with the California Building Code. Redline comments are added electronically in Bluebeam and Adobe Acrobat, and summary comments are provided with each review using a standard format developed by the County. WQMP reviews are conducted similarly using the County ’s standard review checklist. WQMP reviews for Riverside County require detailed knowledge of unique requirements and standards in each of the County ’s three watersheds. Water Quality Management Plan (WQMP) Review, City of Moreno Valley : Mr. Jimenez assists the project manager for the Plan Check Contract for the City of Moreno Valley. As part of Casc’s plan check review team, Mr. Jimenez has also reviewed numerous WQMPs for the City of Moreno Valley. WQMP reviews are conducted to verify compliance with the Water Quality Management Plan: A Guidance Document for the Santa Ana Region of Riverside County, and local requirements of the City of Moreno Valley. Mr. Jimenez has detailed knowledge of stormwater, hydrology, and hydraulics, and provides WQMP preparers with detailed guidance so that their plans and reports can achieve compliance in fewer review cycles. Water Quality Management Plan (WQMP) Review, City of Highland : As part of Casc’s plan check review team, Mr. Jimenez has reviewed numerous WQMPs for the City of Highland. WQMP reviews are conducted to verify compliance with the Technical Guidance Document for Water Quality Management Plans for the County of San Bernardino Areawide Stormwater Program, and Drainage Report reviews are conducted to verify compliance with the County of San Bernardino Hydrology Manual. Education: B.S./University of California Riverside/Mechanical Engineering Professional Registration/ Affiliations •Engineer-in-Training No. 177231 22 473 CITY OF PALM DESERT MS4 PERMIT INSPECTIONS AND NPDES SUPPORT SERVICES RFP #2024-RFP-133 TONY SIDOR ENGINEERING/DRONE SERVICE ASSISTANT Mr. Sidor is an FAA-certified UAV pilot with specialized expertise in NPDES compliance, stormwater management, and MS4 Permit inspections. He plays a crucial role in assisting public works and private development projects in maintaining compliance with NPDES regulations. His expertise supports the effective implementation of stormwater management programs, aligning with regulatory requirements. Key roles include: •NPDES Compliance & MS4 Permit Inspections •Stormwater Management & BMP Monitoring •UAV-Based Aerial Surveys & Documentation •Environmental Compliance Monitoring •Aerial Orthomosaic Photography & GIS Integration •Drainage, Erosion & Structure Maintenance Inspections •SWPPP Implementation & CGP Compliance •Data Analysis & Reporting for Regulatory Submissions RELEVANT EXPERIENCE MS4 Construction/Industrial Public Works Inspections– Pomona, Rialto, CA: Mr. Sidor conducted inspections of commercial and industrial facilities in compliance with MS4 Permit requirements and NPDES regulations. Focused on detecting potential pollutants entering stormwater systems and inspections of discharge points. Provided detailed inspection reports and recommendations to improve stormwater management practices. Southern California Edison NPDES Compliance Inspections– Various Locations, Southern CA: Mr. Sidor conducted NPDES compliance inspections to verify BMP implementation, assess erosion and sediment control measures, and provide inspection reports with recommendations for maintaining NPDES compliance and protecting water quality. Construction Inspections-Brasada Homes, San Dimas, CA: Mr. Sidor assisted with inspections at a Risk Level 2 construction site, focusing on the implementation and maintenance of both construction and post-construction Best Management Practices (BMPs) to comply with the project’s Stormwater Pollution Prevention Plan (SWPPP) and Construction General Permit (CGP). Thorough evaluations were conducted to confirm BMPs were effectively preventing pollutant discharge and erosion. Aerial Documentation, Public and Private Development Projects—Various locations: Mr. Sidor is experienced in using Unmanned Aerial Vehicles (UAVs) for various projects like solar installations and bridges, providing high - resolution images and videos. This technology enhances project planning, execution, and marketing by offering unique views and detailed documentation, including grading operations and construction progress. He has also completed numerous flights for Southern California Edison, producing valuable outputs such as orthomosaic maps and multispectral imagery. His skills in UAV operation and software allow for precise, customized project deliverables. Construction Inspections-DR Horton, Various Locations, Southern CA: Mr. Sidor contributed to construction inspections at DR Horton sites in Southern CA, focusing on Risk Level 1 and 2 sites for CGP compliance. He conducted detailed inspections, maintained a photo log for documentation, and provided recommendations for compliance with CGP and MS4 regulations after reviewing findings with site managers. EDUCATION: B.S. Environmental Science, University of Redlands, CA PROFESSIONAL REGISTRATION/ AFFILIATION: •Certified Professional in Erosion and Sediment Control, certification #16346 •California Stormwater Quality Association - Qualified SWPPP Practitioner/ Developer (QSP/D) Certification #28871 •sUAS Remote Pilot, California, #4553694 23 474 CITY OF PALM DESERT MS4 Permit Inspectfons and NPDES Support Services RFP #2024-RFP-133 D. METHOD TO ACCOMPLISH SCOPE OF WORK GENERAL APPROACH Casc has proudly and successfully served the City of Palm Desert for the past 4 years. Casc’s ability to quickly respond and adapt to a variety of NPDES-related services requested by the City is attributed to its technically seasoned and dedicated staff who place the City’s needs as priority. Casc has reviewed and acknowledges the Scope of Work listed in the RFP and provides the following generalized summary approach. Project Management: With over 20 years of professional experience, Joyce Goode will continue to serve as the Consultant NPDES Project Manager for the City. She has proven herself to be an expert in NPDES permits and a dedicated Project Manager for the City and will continue to be the main point of contact for City staff. To provide certainty for immediate response to City requests, Casc will continue to implement a parallel style of project management to serve the City. •Parallel Project Management: Casc proposes the continuation of Parallel Project Management. This provides continual internal contact that occurs between the Project Manager and Assistant Project Manager, Shanna Delgado. Working as a team, they are always available to meet the needs of the City via text, phone call, video conference or email, allowing for immediate response for service requests or questions/concerns. This type of Project Management will allow Casc to contfnue to serve the City as a “one-stop shop” for NPDES compliance. Our full-service water quality team is available to support the Project Manager and Assistant Project Manager to contfnue to meet the needs of the City. The following tasks have been developed to address all items in the Scope of Work outlined in the RFP. TASK 1: NPDES SUPPORT SERVICES Casc will contfnue to provide NPDES support services for the City. Proposed services will be covered by utflizing the team members that are strong in each area indicated in the Scope of Work. A generalized discussion of support services is summarized below: Meeting Representation: Casc’s Project Managers currently represent clients at all regulatory, task force, watershed or status meetfngs. Casc can provide these types of representatfon services at a cost share with our other clients. All representatfon will be conducted in a professional manner and will keep the City’s interests at the forefront. Casc has established positfve relatfonships with the Principal Permittees, Co-Permittees, and Regional. Casc’s involvement in professional stormwater management organizatfons, like the California Stormwater Quality Associatfon (CASQA), gives Casc insight into new policies that could potentfally impact Permittees in the Whitewater region. Casc has introduced and spearheaded several of the conversatfons regarding these new policies within regulatory and task force meetfngs on behalf of our White Water River clients. By doing so, others view our clients as leading the way in regulatory compliance. City Coordination and Reports, Technical Studies, etc.: Casc’s team will contfnue to meet regularly with the City to provide updates on NPDES regulatfons, MS4 Permit renewal status, enforcement actfons and other NPDES compliance- related items. Additfonally, Casc can assist with work on required reports, such as fee studies, or ordinance reviews and updates, SWMP updates, SOPs, maintenance plans, inspectfons and other NPDES compliance items. All work will be coordinated with City staff as work progresses, providing the City with a contfnual status of assigned projects. Permit Compliance and Policy: Casc’s experienced team stays ahead of the curve during Permit compliance negotfatfons and state polices. Casc will contfnue to provide updates the City these. Annual Reporting: Casc has extensive experience in MS4 Permit Annual Report preparation and understands that providing the City time for review and comment on the internal draft of the report is essential. Casc will continue to provide suggested input and/or edits of proposed material to be submitted to the Regional Board. Further, Casc will work with City staff to obtain information required for reporting. Casc will then prepare the Annual Report with two (2) internal draft review periods consisting of two (2) weeks, to allow sufficient review time. Casc will continue to serve the City as a “one-stop shop” for NPDES compliance. 24 475 CITY OF PALM DESERT MS4 Permit Inspectfons and NPDES Support Services RFP #2024-RFP-133 Inspection Fee Program: Casc has assisted several of our clients with the development of a fee study for implementatfon of the fee program for NPDES inspectfons. Casc can assist the City with the preparatfon of a fee study program to recoup costs associated with the NPDES inspectfon program. Regulatory Audits: Casc has extensive experience assisting other agencies with regulatory audits. Casc has recently assisted in the City in preparing for an audit with the Regional Board, and also attended the audit to ensure the audit stayed within the parameters of the Board’s agenda. Casc has years of positive experience working with the Colorado River Regional Board staff, understanding that Regional Board audits typically focus on particular elements of the MS4 Permit stormwater programs, and will continue to provide the following support: •Work with City staff to obtain information and data required for the audit; •Preparation or completion of any pre-inspection questionnaires and/or forms; •Assistance during the audit process; and •Assistance with response to audit findings and gathering support information. Training: Casc is known for conductfng annual workshops to train City staff and contract staff responsible for NPDES requirement implementatfon. Casc recognizes that these annual training sessions can be repetftfve to most staff. Casc has worked diligently to provide informatfve and interactfve trainings that are focused to specifically meet the needs of the audience to promote compliance with stormwater requirements. Casc has provided one-on-one as needed training to the City. Casc can offer more robust training in a number of formats including classroom, tailgate or virtual sessions. Additfonally, with CGP and IGP Trainers of Record on Casc’s team, optfonal training opportunitfes are also available to the City, such as QSD or QISP trainings. Preparation of Grant Documents: Casc contfnually monitors for grant opportunitfes for our clients. We have an extensive experience in researching, preparing and submitting applicatfons for grant programs using online applicatfon web-based modules and databases, such as OPTI. Casc has assisted, and is currently assistfng, agencies with funding projectfons for the projects as requested by each program and Casc has developed project specific submittals and documents for uploading on behalf of the agencies that were represented. TASK 2: NPDES INSPECTION PROGRAM GENERAL PROCESS Casc’s inspectors currently provide inspection services for over 415 commercial, industrial, and restaurant facilities, as well as inspection services for on-call IC/ID investigations and construction inspections. Casc has a positive record of working with the business community to verify that facilities comply with permit requirements. Casc’s inspectors are experts in compliance requirements of the MS4 Permit, the Construction General Permit and the Industrial General Permit. Casc inspectors will utilize the GIS database developed by Casc to implement mobile applications to complete inspections on mobile devices such as phones or tablets. Use of these applications provides data collection in real time and provides an efficient workflow between the Project Manager and inspectors. Services proposed include all five program areas as listed in the Scope of Services. Casc’s proposed stormwater inspection general process is detailed below. Inspection Project Administration: The approach taken in conducting NPDES-related inspections (commercial, industrial, restaurant, construction, and IC/ID) is generally the same, with subtle differences. Therefore, Casc will continue the following general inspection approach that has been fine tuned for conducting stormwater-related inspections. •Established Inspection Schedule: Based on Casc’s experience in the City and with MS4 Permit requirements for inspections (e.g., twice a permit term or once per permit term), Casc has established an inspection inventory database utilizing GIS and has developed an inspection schedule and frequency for all sites requiring inspection. Development and maintenance of the inspection schedule includes the following for consideration: 25 476 CITY OF PALM DESERT MS4 Permit Inspectfons and NPDES Support Services RFP #2024-RFP-133 Identify Inspection Development Type: Casc will review the type of inspection, the inspection schedule/ frequency, and the scope of required NPDES-related inspections. Identify geographically similar sites to increase the number of inspections performed daily, thereby reducing overall inspection completion timelines. Consider peak business hours: Inspections will be scheduled to avoid peak business hours. Language barriers: For business operators and constructfon sites where language barriers have the potentfal to cause a gap in communicatfon regarding compliance, Casc has several bi-lingual inspectors to complete the inspectfons. Casc will also provide, as available, translated educatfonal materials and pamphlets. Casc can also assist in the development of translated materials for the City per the City ’s adopted policy requiring dual- language translatfon of documents and informatfon distributed regarding educatfonal brochures and outreach materials. Team Assignments: The Project/Asst Project Manager will assign and schedule inspections to appropriately credentialed staff (e.g., P.E., EIT, QSD, QSP, QISP, CPSWQ) depending on the scope of inspection service required. The assigned inspectors will dress professionally and conduct themselves in a manner appropriate for conducting activities as representatives of the City. •Inspection Preparation: Assigned inspectors will utilize GIS and mobile apps to review the existing information depending on inspection type such as the project’s plan information, previous inspection reports, SMARTS database, compliance history, and project notes. •Perform Inspections: Inspectors will use the ArcGIS Collector mobile app to locate facilities/projects that need to be inspected during the reporting year. The inspector will arrive and walk the facility to observe facility layout, BMP installation, interceptors, and/or facility activities, existing and potential compliance issues, and discharges, if any. The inspector will provide verbal and educational pamphlets during the inspections. If the inspector observes any non-compliance issues, the inspector will discuss the issues with the site representative and provide recommendations for compliance. The inspector will use ArcGIS Collector to schedule the next inspection date depending on the result of the inspection. •Documentation: The inspector will complete the inspection form using ArcGIS Survey123. The inspection form will note observations, compliance issues, and provide recommendations to the facility on how to achieve compliance with Permit requirements. Inspection reports will be generated with photographs of the inspections and emailed or mailed to the facility owners/operators for their records. •Reinspection/Follow-up: Inspectors will provide required reinspection and follow-up to verify items of non-compliance have been addressed. In Casc’s experience, approximately 20% of sites will require reinspection or follow -up services. All follow-up inspection activities will follow documentation and database requirements. •Notices of Non-Compliance and Citations: Facilities found to be in non- compliance will be discussed with City staff and enforcement actions beyond the issuance of a Notice of Non-Compliance will be at the discretion of the City. The inspector will obtain photos of instances of non-compliance. Casc will notify the City of the Notice of Non-Compliance, if applicable. If immediate 26 477 CITY OF PALM DESERT MS4 Permit Inspectfons and NPDES Support Services RFP #2024-RFP-133 threats to the health and safety of the public and/or the environment are observed, including illicit connections, or illegal discharges, the City will be contacted immediately. •Notifications and Reporting: Since inspections are done in real time, inspectors are able to notify the Project Manager via text or phone call as needed and the Project Manger is able to review findings and report areas of concerns to the City without delay. Casc will continue this approach to guarantee that notifications and reporting are enforced. •Deliverables: Casc will continue to provide the City with digital copies of all inspection reports and updated inventories in excel format. ADDITIONAL PROCESS FOR COMMERCIAL/INDUSTRIAL INSPECTIONS There are currently 415 active facilities in the City’s NPDES inspection inventory. 187 facilities are classified as commercial or industrial, and 228 facilities that are classified as food/restaurant. Commercial or industrial facilities are required to be inspected twice during the 5-year Permit term. Food/restaurant facilities are required to be inspected once during the 5 - year Permit term. To comply with the Permit’s inspection requirements, Casc proposes a yearly target inspection goal of 94 commercial or industrial facilities and 45 restaurant facilities, for a total of 139 inspections annually. If facilities are added or removed, the Inspection Inventory and yearly inspection target goal will be updated. Casc will continue to conduct the inspections to assist the City with fulfilling requirements of the Permit and SWMP. Casc will provide stormwater inspections of other facilities that pose a threat to stormwater in addition to commercial/ industrial facilities as required. Commercial/industrial inspections will also include the following steps: •The inspector will field verify if the businesses are still operating. If businesses are no longer in operation, the inspector will update the inventory database to reflect an inspectable business is no longer at the location, or will update the database with a new facility. •Industrial facilities subject to coverage under the Industrial General Permit (IGP) will be identified and the inspector will verify the facility operator has a current Waste Discharge Identification Number (WDID) or a current No Exposure Certification (NEC). If the industrial facility has not obtained IGP coverage, the inspector will notify the owner or owner’s representative and provide information on obtaining coverage. ADDITIONAL PROCESS FOR RESTAURANT INSPECTIONS Most restaurant facilities have interceptors to separate fats, oils, and grease prior to entering the City’s sewer system. If these interceptors are not maintained properly, sanitary sewer spills can occur which can potentially impact the City’s MS4. If a restaurant is unable to provide maintenance records of the interceptor at the time of the inspection, Casc will coordinate with the City’s NPDES contact to alert the City of the potential concern and will assist the City in coordinating with the agency responsible for conducting FOG inspections. ADDITIONAL PROCESS FOR NPDES CONSTRUCTION COMPLIANCE INSPECTIONS Currently, Casc conducts construction inspections for Low Priority projects 1 acre or greater per the schedule identified in the SWMP. Casc will continue provide Low Priority construction inspections and reporting services to verify compliance with the CGP is met. Casc will also include an option for High Priority projects greater than 50 acres. This item is discussed in the Optional Items section. ADDITIONAL PROCESSES FOR IC/ID INSPECTION SERVICES IC/ID inspections are triggered when a complaint has been filed or by field observations. These types of inspections are not scheduled and response time must be within 24-48 hours depending on the severity and health concerns. In order to be responsive to these types of on-call investigations, Casc has implemented a remote working environment for its team. As soon as an IC/ID investigation is triggered by the City via phone call, email or text, inspectors are able to arrive at the site within hours. Casc has worked successfully alongside with the City’s NPDES Coordinator and Code Enforcement to stop discharges, and provide education to business owners and residents to prevent future discharges. 27 478 CITY OF PALM DESERT MS4 Permit Inspectfons and NPDES Support Services RFP #2024-RFP-133 TASK 3: HOA, CITY STORM CHANNELS AND CITY RETENTION BASIN ANNUAL INSPECTIONS GENERAL PROCESS Casc proposes the following general approach for the annual inspectfons of 180 HOAs, City retentfon basins, and City storm channels. Pre- Inspection meeting and record review: Casc will meet with the City to determine the parameters of the inspections. Parameters will include, but is not limited to: areas to be inspected, outfall locations, basin locations, and typical Post Construction BMPs (PC-BMPs) found in the HOAs. review existing files and databases, including but not limited to: as - built drawings, maintenance agreements, approved WQMPs, and GIS files. This process will assist Casc in ascertaining the layout, types of PC-BMPs, current status, and history of each HOA, City storm channel, and City retention basin. Casc shall also review existing files and databases, including but not limited to: as- built drawings, maintenance agreements, approved WQMPs, and GIS files. Existing files to be provided by the City. This process will assist Casc in ascertaining the layout, types of site specific PC-BMPs, current status, and history of each HOA, City storm channel, and City retention basin. Perform On-Site Visual Inspections of HOAs and City Retention Basins: On-site visual inspections includes coordination and mobilization to the site of each HOA and City retention basin. Visual inspections will include making relevant observations regarding of PC- BMPs, including but not limited to: the presence or absence of the PC - BMP; the condition of the PC-BMP; indications of maintenance of the PC- BMP; and the drainage area of the PC- BMP for signs of excessive loading and/ or inappropriate discharges to the PC- BMP. Photographs of the PC- BMPs will be taken to document current conditions, especially when non- compliance is detected. During On- Site Inspections, as needed to assist in achieving compliance, the facility owner and/ or representative will be offered educational material regarding city, state, and federal regulations, MS4 Permit requirements, and BMP maintenance. All results of on-site inspections will be entered into the City' s database to document inspection observations and the outcome of the inspection. Casc has made the following assumptions for the proposal process: •The City will provide all contact information for HOAs. •The City has all structures identified in GIS. •Training for City applications and databases will be provided to Casc (assumes 1 -hr). •HOA visual inspections are limited to PC-BMPs. If additional drainage structures, such as catch basins, are requested by the City, this may reduce the amount of inspections. Casc will work with the City to inspect higher priority sites first . If budget is remaining, Casc will conduct inspections of lower priority locations until the allotted budget is exhausted. City Channel Inspections: Casc, utflizing Unmanned Aircraft Systems (UAS), will provide aerial observatfons to assist with visual assessments of channels and outialls. Aerial services will be focused on up to 40 outiall locatfons along channels, assuming flights will be conducted within city limits, as identffied by the City of Palm Desert. The UAS will be piloted by an individual (Pilot) holding a valid Remote Pilot Airman Certfficate issued by the Federal Aviatfon Administratfon (FAA) in accordance with Title 14 of the Code of Federal Regulatfon (14 CFR) Part 107. Observatfons will be documented through digital video and photographs, then displayed in ArcGIS Pro. UAS services include: 28 479 CITY OF PALM DESERT MS4 Permit Inspectfons and NPDES Support Services RFP #2024-RFP-133 UAS Outiall Screening and Monitoring - Selected channels and up to 40 selected outialls and will be flown to document conditfons. The results of the flight will be documented through high -resolutfon aerial photography and videography (4K). Deliverable: High-resolutfon photos and video (4K) and flight log showing the date of flight, weather conditfons, and other pertfnent informatfon on digital media (Flash Drive, OneDrive, etc.). GIS Data Integratfon—Outiall data will be displayed in an ArcGIS format for ease of accessibility and viewing. Casc will utflize the provided City of Pomona ArcGIS account to publish data and build the applicatfon. Deliverable: ArcGIS applicatfon that will contain data sets to assist the City with identffying current conditfons at the proposed outiall locatfons. The ArcGIS map will display geolocated informatfon including associated Site ID, outiall imagery, and outiall videos. Casc will endeavor to plan flights per the client’s schedule. Flights will not be performed during inclement weather that could jeopardize the success of the flight as determined by the UAS Pilot in Command, or under a Temporary Flight Restrictfon (TFR) or other Notfces to Airmen (NOTAM). OPTIONAL SERVICES CASC’s reputatfon is one of technical knowledge and field understanding combined with cost -effectfve approaches that meet the regulatory requirements in a reasonable manner. CASC strives to provide our clients solutfons to water quality challenges that are sensible, practfcal, and performed by experienced professionals. In additfon to the services outlined in the Proposed Scope of Services, CASC can also provide additfonal NPDES related professional support services, as negotfated between CASC and the City. These services are not included in the Not to Exceed Annual Total Cost of the proposal. If these services are chosen, the optfonal service will be added to the cost estfmate and the Not to Exceed Total Cost will be updated to include chosen optfonal services. Optfonal Services may include: HIGH PRIORITY CONSTRUCTION SITES Construction projects greater than 50 acres are classified as High Priority sites in the current WWR SWMP. High Priority sites require monthly inspections during the Wet season. The Wet Season is defined in the WWR SWMP as August 1 – October 1 and November 1 – May 1. Inspectfons will follow procedures outlined in Task 2 of the Scope. DEVELOPMENT OF GIS WEB AND MOBILE APPLICATIONS Casc has collaborated with several citfes within the Santa Ana River Watershed, Los Angeles River Watershed, and Whitewater River Watershed to develop NPDES inspectfon modules using GIS technology. These modules support the creatfon of web-based and mobile applicatfons for NPDES inspectfon programs, allowing for real -tfme tracking and significantly enhancing the workflow and efficiency of these programs. Casc’s experience in developing these types of apps can be used to assist the City to begin the development of a self certfficatfon system using GIS apps. Self certfficatfon web applicatfons can be used for inspectfon programs, such as the HOA inspectfon program, allow homeowners/ businesses/ HOAs to annually report findings and maintenance of BMPs. This process can reduce the overall cost of inspectfons that the City currently incurs. ADDITIONAL UAS IMAGERY SERVICES Casc can provide additfonal UAS imagery services to include, but not limited to: 360 imagery, ground -level photos in safely accessible areas near project outialls features where aerial imagery cannot penetrate through the tree canopy or other hazards exist. 29 480 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 12, 2024 PREPARED BY: Randy Chavez, Deputy Director of Public Works SUBJECT: AWARD CONTRACT TO SUPERIOR PAVEMENT MARKINGS, INC., OF CYPRESS, CALIFORNIA, FOR THE HIGH VISABILITY CROSSWALKS IMPROVEMENT PROJECT (PROJECT NO. CTS00004) RECOMMENDATION: 1. Award a contract to Superior Pavement Markings, Inc., of Cypress, California, for the High Visibility Crosswalks Improvement Project in the amount of $158,732.50, plus a contingency of $20,000 for unforeseen conditions. 2. Authorize the City Attorney to make necessary nonmonetary changes to the contract. 3. Authorize the City Manager to execute the agreement and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 4. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the project. BACKGROUND/ANALYSIS: The High Visibility Crosswalks Improvement Project (Project) aims to enhance pedestrian safety and accessibility at key intersections in Palm Desert. The Project involves upgrading 13 existing crosswalks with high-visibility markings and improved signage to ensure pedestrians are more noticeable to drivers, especially in busy commercial areas. These intersections include: Highway 111 & Plaza Way Fred Waring Drive & San Pascual Avenue Highway 111 & Desert Crossing Monterey Avenue & San Gorgonio Way Highway 111 & San Pablo Avenue Monterey Avenue & Dinah Shore Drive Highway 111 & San Luis Rey Avenue Cook Street & Aztec Road Fred Waring Drive & Monterey Avenue Cook Street & Merle Drive Fred Waring Drive & Deep Canyon Road El Paseo & San Luis Rey Avenue Fred Waring Drive & Town Center Way On October 15, 2024, the project was advertised for bids through the City’s bid management portal OpenGov (Project ID CTS00004) and on November 14, 2024, the City received the following five bids: Contractor Location Total Bid Superior Pavement Markings, Inc. Cypress, CA $158,732.50 Cal Stripe, Inc. Colton, CA $383,623.25 PCI Azusa, CA $434,345.25 Cat Tracking, Inc. Riverside, CA $475,985.00 Chrisp Company Anaheim, CA $527,606.25 481 City of Palm Desert High Visibility Crosswalks Improvement Project Page 2 of 2 Superior Pavement Markings, Inc., (Contractor) submitted the lowest responsive bid. The bid has been reviewed and found to be in compliance with bid requirements. The references were contacted, and they confirmed the contractor has successfully completed projects of similar scope recently. The Project was advertised with the expectation that contractors would evaluate and account for the appropriate quantities of materials and construction activities within the square footage outlined in the bid schedule. Most contractors based their bids on the actual unit of measurements of the crosswalks without calculating the actual paint quantities required for the work. In contrast, the Contractor submitted the lowest bid by accurately verifying the square footage for the selected crosswalks and calculating the required quantities accordingly. It is also noteworthy that the Contractor would have remained the lowest bidder by approximately 15.29%, even if the actual quantities within the scope of work had been applied. Furthermore, the Contractor’s bid aligns more with the Engineer’s Estimate of $250,000, demonstrating a reasonable and accurate understanding of the project requirements as outlined in the bid advertisement. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: The High Visibility Crosswalks Improvement Project is included on the approved Fiscal Year 2024- 25 CIP List under the Highway Safety Improvement Program (HSIP) Crosswalks, and it is fully reimbursable through State HSIP funds, requiring no local match for its implementation. A total of $1,904,014 has been allocated from Measure A Account No. 2134317-5000908; therefore, there is no financial impact to the General Fund. The table below outlines the project’s funds and expenditures for FY 2024-25: Description Budget Project Expenses Balance Account No. 2134317-5000908 $1,904,014.00 FY 2023/24 Funds $224,552.00 Eng / Design C42950A – Kimley Horn $29,746.00 Eng / Design C42950 -TJKM Transportation 280,565.00 *Construction – Superior Pavement $158,732.50 *Contingency $20,000.00 Total $2,128,566.00 $489,043.50 $1,639,522.50 Plus: HSIP State Reimbursement $178,732.50 Fund Balance $1,818,255.00 ATTACHMENTS: 1. Contract 2. Payment and Performance Bonds 3. Contractor’s Proposal 4. Crosswalk Locations and Layouts 482 Contract No. ___________ 1 Revised 01-2024 BBK 72500.00001\32374943.1 CITY OF PALM DESERT CONTRACT FOR CONSTRUCTION This Agreement is made and entered into this 12th day of December, 2024, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, (“City”) and Superior Pavement Markings, a Corporation, with its principal place of business at 5312 Cypress Street, Cypress, CA 90630 ("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: High Visibility Crosswalks Improvement Project Project No. CTS00004 (hereinafter referred to as “the Project”). Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation. ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 60 Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of ONE HUNDRED FIFTY EIGHT THOUSAND SEVEN HUNDRED THIRTY TWO Dollars AND FIFTY CENTS ($158,732.50). 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 483 Contract No. ___________ 2 Revised 01-2024 BBK 72500.00001\32374943.1 the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor. ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following: Notice Inviting Bids Instructions to Bidders Bid Forms Bid Acknowledgement Bid Schedule Bid Guarantee Designation of Subcontractors Information Required of Bidders Non-Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor DIR Registration Certification Performance Bond Payment (Labor and Materials) Bond Contract for Construction General Conditions Special Conditions Code of Federal Regulation Part 200 Contract Provisions 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. 484 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 Contract. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party. 485 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; 486 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. [Reserved.] 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 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. 487 Contract No. ___________ 6 Revised 01-2024 BBK 72500.00001\32374943.1 Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage. 5. City’s Rights of Enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract. 6. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. 7. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors. 8. Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 9. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 10. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) Day notice of cancellation (except for nonpayment for which a ten (10) Day notice is required) or nonrenewal of coverage for each required coverage. 488 Contract No. ___________ 7 Revised 01-2024 BBK 72500.00001\32374943.1 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. 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 489 Contract No. ___________ 8 Revised 01-2024 BBK 72500.00001\32374943.1 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] 490 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 SUPERIOR PAVEMENT MARKINGS, 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 SUPERIOR PAVEMENT MARKINGS, A CORPORATION By: Darren Veltz Chief Financial Officer By: Robert Garcia Vice President Contractor’s License Number and Classification DIR Registration Number (if applicable) City Clerk QC: _____ Contracts QC: _____ Insurance: _____ Initial Review _____ Final Approval _____ Bonds 491 Contract No. ___________ 10 Revised 01-2024 BBK 72500.00001\32374943.1 492 Contract No. ___________ 11 Revised 01-2024 BBK 72500.00001\32374943.1 Code of Federal Regulation Part 200 Contract Provisions 493 Contract No. ___________ 12 Revised 01-2024 BBK 72500.00001\32374943.1 494 Contract No. ___________ 13 Revised 01-2024 BBK 72500.00001\32374943.1 495 496 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 Superior Pavement Markings, Inc., (hereinafter referred to as the “Contractor”) an agreement for High Visibility Crosswalks Improvement Project (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated December 12, 2024, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, Superior Pavement Markings, Inc., the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of One Hundred Fifty Eight Thousand Seven Hundred Thirty Two Dollars and Fifty Cents, ($158,732.50), 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 497 Contract No. ___________ (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] 498 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. 499 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 500 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 501 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 December 12, 2024, has awarded to Superior Pavement Markings, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows: High Visibility Crosswalks Improvement Project (the “Project”).; and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated December 12, 2024, (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of One Hundred Fifty Eight Thousand Seven Hundred Thirty Two Dollars and Fifty Cents, ($158,732.50) 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 502 Contract No. ___________ relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] 503 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. 504 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 505 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 506 City of Palm Desert CP - Capital Improvement Projects Jess Culpeper, Director of Capital Projects 73-510 Fred Waring Drive, Palm Desert, CA 92260 [SUPERIOR PAVEMENT MARKINGS, INC] RESPONSE DOCUMENT REPORT IFB No. CTS00004 High Visibility Crosswalks Improvement Project RESPONSE DEADLINE: November 14, 2024 at 2:00 pm Report Generated: Friday, November 22, 2024 Superior Pavement Markings, Inc Response CONTACT INFORMATION Company: Superior Pavement Markings, Inc Email: rebecca@superiorpavementmarkings.com Contact: Rebecca Parra Address: 5312 Cypress St Cypress, CA 90630 Phone: N/A Website: www.superiorpavementmarkings.com Submission Date: Nov 13, 2024 3:05 PM (Pacific Time) 507 [SUPERIOR PAVEMENT MARKINGS, INC] RESPONSE DOCUMENT REPORT IFB No. CTS00004 High Visibility Crosswalks Improvement Project [SUPERIOR PAVEMENT MARKINGS, INC] RESPONSE DOCUMENT REPORT PUBLIC WORKS - High Visibility Crosswalks Improvement Project 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 CTS00004 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. 508 [SUPERIOR PAVEMENT MARKINGS, INC] RESPONSE DOCUMENT REPORT IFB No. CTS00004 High Visibility Crosswalks Improvement Project [SUPERIOR PAVEMENT MARKINGS, INC] RESPONSE DOCUMENT REPORT PUBLIC WORKS - High Visibility Crosswalks Improvement Project 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). 509 [SUPERIOR PAVEMENT MARKINGS, INC] RESPONSE DOCUMENT REPORT IFB No. CTS00004 High Visibility Crosswalks Improvement Project [SUPERIOR PAVEMENT MARKINGS, INC] RESPONSE DOCUMENT REPORT PUBLIC WORKS - High Visibility Crosswalks Improvement Project 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. Old Republic Surety Company Click to Verify Value will be copied to clipboard 510 [SUPERIOR PAVEMENT MARKINGS, INC] RESPONSE DOCUMENT REPORT IFB No. CTS00004 High Visibility Crosswalks Improvement Project [SUPERIOR PAVEMENT MARKINGS, INC] RESPONSE DOCUMENT REPORT PUBLIC WORKS - High Visibility Crosswalks Improvement Project Page 5 6. DESIGNATION OF SUBCONTRACTORS* Please download the below documents, complete, and upload. • DESIGNATION_OF_SUBCONTRACTO... DESIGNATION_OF_SUBCONTRACTORS.pdf 7. BIDDER INFORMATION AND EXPERIENCE FORM* Please download the below documents, complete, and upload. • BIDDER_INFORMATION_AND_EXPE... BIDDER_INFORMATION_AND_EXPERIENCE_FORM.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, 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 agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, prof it, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partne rship, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does exec ute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 511 [SUPERIOR PAVEMENT MARKINGS, INC] RESPONSE DOCUMENT REPORT IFB No. CTS00004 High Visibility Crosswalks Improvement Project [SUPERIOR PAVEMENT MARKINGS, INC] RESPONSE DOCUMENT REPORT PUBLIC WORKS - High Visibility Crosswalks Improvement Project 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 registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information. No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current 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. 1000001476 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. 512 [SUPERIOR PAVEMENT MARKINGS, INC] RESPONSE DOCUMENT REPORT IFB No. CTS00004 High Visibility Crosswalks Improvement Project [SUPERIOR PAVEMENT MARKINGS, INC] RESPONSE DOCUMENT REPORT PUBLIC WORKS - High Visibility Crosswalks Improvement Project Page 7 776306 Click to Verify Value will be copied to clipboard 12. CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION* I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract. Confirmed 13. Fleet Compliance Certification* I hereby acknowledge that I have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulatio n”). I hereby certify, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct: The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Co mpliance have been attached hereto. 14. Fleet Compliance Documentation* Please attach supporting documentation for the selection made in the above item. ARB_cert24.pdf DOORS_2024_CERT.pdf 15. SAM.gov* Please enter your legal entity name for SAM.gov verification. Superior Pavement Markings, Inc. Click to Verify Value will be copied to clipboard 513 [SUPERIOR PAVEMENT MARKINGS, INC] RESPONSE DOCUMENT REPORT IFB No. CTS00004 High Visibility Crosswalks Improvement Project [SUPERIOR PAVEMENT MARKINGS, INC] RESPONSE DOCUMENT REPORT PUBLIC WORKS - High Visibility Crosswalks Improvement Project Page 8 16. Type of Business* S Corporation (if corporation, two signatures are required) 17. Type your Legal Company Name Here* State your Company's Name Here. This will be verified against the California Secretary of State's Website. Superior Pavement Markings, Inc. Click to Verify Value will be copied to clipboard 18. How many years has Bidder’s organization been in business as a Contractor? * 24 Years 19. 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 Darren Veltz Chief Financial Officer 5312 Cypress Street, Cypress CA 90630 darren@superiorpavementmarkings.com (714) 995-9100 514 [SUPERIOR PAVEMENT MARKINGS, INC] RESPONSE DOCUMENT REPORT IFB No. CTS00004 High Visibility Crosswalks Improvement Project [SUPERIOR PAVEMENT MARKINGS, INC] RESPONSE DOCUMENT REPORT PUBLIC WORKS - High Visibility Crosswalks Improvement Project Page 9 Robert Garcia Vice President 5312 Cypress Street, Cypress CA 90630 robert@superiorpavementmarkings.com (714) 995-9100 20. Nondiscrimination Certification* The City of Palm Desert is committed to promoting equal opportunity in its contracting activities. We ensure that all individuals seeking to do business with the city treat contractors, subcontractors, and employees fairly, without discrimination based on race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gend er, gender identity, gender expression, sexual orientation, or membership in any other protected class. For any purchase exceeding $10,000, vendors must certify compliance with the City’s nondiscrimination policy (G.C. 3.30.200) before contract award. No contract will be awarded until the contractor submits this certification. By clicking the confirmation box below, the vendor certifies that they have read the code and agree to comply with its requirements. Failure to comply may result in termination of any agreement entered into with the vendor. Confirmed PRICE TABLES Line Item Description Quantity Unit of Measure Unit Cost Total 1 Furnish and install white continental ladder crosswalk per Caltrans Standard A24F 43,100 SF $2.50 $107,750.00 2 Furnish and install yellow continental ladder crosswalk per Caltrans Standard A24F 5,825 SF $2.50 $14,562.50 515 [SUPERIOR PAVEMENT MARKINGS, INC] RESPONSE DOCUMENT REPORT IFB No. CTS00004 High Visibility Crosswalks Improvement Project [SUPERIOR PAVEMENT MARKINGS, INC] RESPONSE DOCUMENT REPORT PUBLIC WORKS - High Visibility Crosswalks Improvement Project Page 10 Line Item Description Quantity Unit of Measure Unit Cost Total 3 Remove conflicting striping and pavement markers 9,105 LF $4.00 $36,420.00 TOTAL $158,732.50 516 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 None 517 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) None 518 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: ________________________________ Superior Pavement Markings, Inc. Corporation 5312 Cypress Street, Cypress CA 90630 (714) 995-9400 (714) 995-9100 estimating@superiorpavementmarkings.com 24 Years 24 Years N/A 02/27/2006 California John Lucas Robert Garcia Darren Veltz, Chief Financial Officer Darren Veltz, Chief Financial Officer 519 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 Striping, Pavement Markings, Signage No No Roadmax (951) 461-6400 Hog Industries (772) 214-1714 520 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 **Please See Attached** 521 CityEstimatorBid# Customer Date Backlog Backlog Report - All Printed 11/13/2024 Thermo Paint 40301 Darren Veltz 7/2/24Sully-Miller California City $26,472 43694 Raul 7/8/24DBX Inc.Monrovia $38,286 $64,758TotalJuly 38344 Raul 8/31/24CaliforniaAlhambra $8,262 38559 Raul 8/31/24Reyes Construction,Long Beach $62,330 38770 Raul 8/31/24Bitech Construction County Of Orange $19,597 39020 Raul 8/31/24MSL Electric Monterey Park $14,824 40167 Raul 8/31/24All American Asphalt Irvine $26,976 40425 Raul 8/1/24Cedro Construction Los Angeles County $24,138 40718 Darren Veltz 8/26/24Comet Electric La Habra / Brea $82,380 40800 Raul 8/1/24W.L. Butler Irwindale $69,192 40969 Darren Veltz 8/1/24DBX Inc.Yorba Linda $10,955 40975 Raul 8/31/24Onyx Paving Montclair $12,250 42109 Raul 8/1/24Pub Construction Irvine $4,778 42317 Raul 8/31/24Axiom Group Woodland Hills $6,460 42407 Darren Veltz 8/31/24CaliforniaLos Angeles County $63,628 42419 Darren Veltz 8/1/24TE Roberts Inc.Anaheim $12,872 42738 Raul 8/1/24MSL Electric, Inc.Los Angeles $42,426 42919 Raul 8/12/24All American Asphalt Burbank $3,750 43722 Raul 8/16/24Access Pacific Inc.Santa Monica $52,536 44982 Darren Veltz 8/1/24City Of Industry Industry $369,260 45492 Raul 8/11/24Excel Paving Anaheim $7,094 45752 Darren Veltz 8/17/24City Of Anaheim Anaheim $58,749 $952,457TotalAugust 40531 Raul 9/30/24Elecnor Belco Pasadena $39,121 41545 Darren Veltz 9/30/24Elecnor Belco Glendale $8,002 41736 Raul 9/30/24GMZ Engineering Malibu $36,220 42605 Darren Veltz 9/30/24Hotline Construction Anaheim $59,546 42981 Raul 9/11/24Gentry Brothers Arcadia $26,470 44058 Raul 9/25/24AlfaroSan Fernando $106,850 44115 Raul 9/25/24AMG & Associates,Long Beach $25,830 45134 Raul 9/27/24Crosstown Electrical La Habra Heights $317,742 45627 Darren Veltz 9/30/24City of San San Bernardino $13,700 $633,481TotalSeptember 38816 Raul 10/11/24Elecnor Belco Ontario $14,268 39824 Darren Veltz 10/30/24The R.J. Noble Irvine $35,175 39859 Raul 10/25/24Cooley Construction Corona $9,884 522 CityEstimatorBid# Customer Date Backlog Backlog Report - All Printed 11/13/2024 Thermo Paint 40872 Raul 10/11/24Excel Paving Los Angeles $3,940 43208 Raul 10/11/24Pub Construction Chino Hills $3,226 44249 Darren Veltz 10/20/24International Line Los Angeles County $15,054 44680 Raul 10/25/24DBX Inc.Agoura Hills $29,967 44835 Darren Veltz 10/4/24City of Ontario Parks Ontario $259 44987 Darren Veltz 10/16/24Lee & Stires Ontario $15,770 45218 Raul 10/14/24CJ Construction Inc.Diamond Bar $2,450 45338 Darren Veltz 10/5/24CEM Construction Orange $16,365 $146,358TotalOctober 42663 Dale Shults 11/30/24MARATHONRiverside County $12,222 43368 Dale Shults 11/27/24Cooley Construction Hesperia $138,065 43559 Dale Shults 11/23/24Lee & Stires Cathedral City $2,776 44674 Raul 11/19/24RiversideNorco $12,544 44988 Dale Shults 11/30/24Aneen Construction,Lake Elsinore $7,682 45094 Raul 11/24/24Hardy and Harper Hawaiian Gardens $41,962 45148 Raul 11/14/24Planet Home Living Los Angeles $4,268 45328 Raul 11/16/24Century Paving Dana Point $2,628 45388 Dale Shults 11/24/24Pavement Coatings San Diego County $688,756 45681 Dale Shults 11/27/24CaliforniaMenifee $22,135 45786 Darren Veltz 11/6/24All American Asphalt Westminster $55,816 45819 Dale Shults 11/18/24Prestige Paving Desert Hot Springs $9,990 45942 Dale Shults 11/30/24Falcon Striping Inc Coronado $35,433 46132 Dale Shults 11/14/24Pavement Recycling Jurupa Valley $2,395 46261 Dale Shults 11/10/24Maggard Striping,Jurupa Valley $18,588 $1,055,260TotalNovember 40359 Dale Shults 12/29/24Cooley Construction Hesperia $10,130 41000 Dale Shults 12/30/24GRANITEMoreno Valley $7,150 41678 Raul 12/29/24caliagua, Inc.Tustin $24,164 42414 Darren Veltz 12/10/24CaliforniaLos Angeles County $96,351 42677 Dale Shults 12/10/24Upright Construction Palmdale $4,824 42819 Darren Veltz 12/7/24SIERRA PACIFIC Redlands $18,987 42869 Dale Shults 12/10/24Marina Landscape,Riverside $6,621 43006 Darren Veltz 12/6/24Hotline Construction Laguna Beach $15,594 43053 Dale Shults 12/10/24SIERRA PACIFIC Bloomington $8,825 43066 Dale Shults 12/29/24Lee & Stires Lake Elsinore $7,920 43205 Raul 12/30/24RiversideFontana $112,633 43221 Dale Shults 12/30/24Cooley Construction Riverside County $40,400 523 CityEstimatorBid# Customer Date Backlog Backlog Report - All Printed 11/13/2024 Thermo Paint 43715 Darren Veltz 12/10/24Sequel Contractors Los Angeles County $74,840 43716 Darren Veltz 12/10/24Elecnor Belco Los Angeles County $84,022 43950 Dale Shults 12/7/24Elecnor Belco Temecula $13,129 44086 Darren Veltz 12/30/24All American Asphalt Fountain Valley $5,200 44395 Dale Shults 12/30/24Elecnor Belco Yucaipa $16,766 44398 Dale Shults 12/27/24Elecnor Belco Rialto $10,490 44471 Dale Shults 12/16/24Cooley Construction Rialto $5,000 44591 Dale Shults 12/30/24LCR Earthwork &Fontana $15,874 44686 Dale Shults 12/30/24Reyes Construction,Oceanside $143,820 44749 Raul 12/9/24Big Ben Engineering Orange County $335,373 44915 Darren Veltz 12/30/24Elecnor Belco Santa Monica $59,206 44962 Raul 12/7/24Sequel Contractors Hawthorne $258,336 44974 Raul 12/21/24Icon-West Inc.El Monte $244,126 45072 Dale Shults 12/10/24DowningFontana $52,725 45175 Dale Shults 12/26/24Advantage Unlimited Palm Desert $7,589 45186 Raul 12/17/24RC Becker and Son Burbank $25,626 45247 Raul 12/11/24Elecnor Belco Temple City $15,850 45373 Dale Shults 12/22/24Rove Engineering Calexico $108,017 45485 Dale Shults 12/30/24GCI Construction,Fallbrook $7,407 45529 Raul 12/23/24Masters Construction Imperial County $39,460 45687 Dale Shults 12/23/24CALTEC CORP San Bernardino $3,662 45884 Dale Shults 12/25/24Cooley Construction Hesperia $42,400 45895 Darren Veltz 12/17/24All American Asphalt Cypress $83,919 45921 Dale Shults 12/25/24Hardy and Harper Riverside $3,091 46005 Raul 12/3/24Zusser Company Carson $22,604 46200 Dale Shults 12/24/24Prestige Paving Colton $72,716 46290 Dale Shults 12/12/24NPG CORP Twentynine Palms $7,819 46510 Darren Veltz 12/6/24City of San San Bernardino $3,900 $2,116,567TotalDecember 29941 Darren Veltz 1/29/25Crosstown Electrical Irwindale $12,876 31874 Dale Shults 1/29/25CS Legacy Colton $6,546 36934 Dale Shults 1/29/25Lee & Stires Riverside $20,098 38564 Dale Shults 1/29/25Weka, Inc.Murrieta $5,590 39162 Dale Shults 1/9/25Eleven Western Camp Pendleton $19,923 40309 Raul 1/9/25Lee & Stires Long Beach $1,750 40426 Raul 1/29/25Excel Paving Santa Monica $14,906 41148 Raul 1/29/25NationwideSanta Ana $14,615 41275 Dale Shults 1/29/25Cooley Construction La Quinta $12,747 524 CityEstimatorBid# Customer Date Backlog Backlog Report - All Printed 11/13/2024 Thermo Paint 41490 Raul 1/9/25Lee & Stires Santa Ana $7,188 41884 Raul 1/9/25KDC, Inc.Burbank $25,632 42441 Dale Shults 1/9/25MCC Pipeline Yucaipa $2,485 42644 Raul 1/9/25SRK Engineering Newport Beach $20,526 42703 Dale Shults 1/29/25Lee & Stires La Quinta $18,961 43370 Dale Shults 1/29/25ASPHALT MD'S Rancho Mirage $7,125 43451 Darren Veltz 1/9/25Elecnor Belco Los Angeles County $175,841 43481 Dale Shults 1/9/25Cooley Construction Rialto $3,039 43695 Raul 1/29/25LeatherwoodIrvine $7,860 44426 Dale Shults 1/29/25Metro Builders &San Bernardino $3,200 44569 Raul 1/16/25Ferreira Construction Santa Clarita $35,268 44584 Dale Shults 1/29/25Elecnor Belco San Marcos $17,070 44683 Dale Shults 1/29/25Three Peaks Corp Indio $62,666 44728 Dale Shults 1/3/25CalpromaxSouth El Monte $20,026 44769 Dale Shults 1/29/25T.K.San Bernardino $1,750 44790 Raul 1/29/25Bitech Construction Orange $4,076 44886 Dale Shults 1/29/25SEMA Construction,Carlsbad $28,995 44901 Dale Shults 1/29/25MAMCO, INC Perris $144,037 44911 Dale Shults 1/7/25Eleven Western La Quinta $6,264 44975 Darren Veltz 1/27/25AsplundhCounty Of Orange $8,997 45090 Raul 1/14/25Williams Pipeline Brea $42,026 45093 Raul 1/13/25Excel Paving Cerritos $11,065 45152 Dale Shults 1/29/25OakviewFontana $2,150 45174 Raul 1/14/25Sully-Miller Los Angeles County $481,913 45287 Darren Veltz 1/13/25South Western San Bernardino $32,252 45409 Darren Veltz 1/9/25Elecnor Belco Los Angeles County $16,696 45415 Raul 1/29/25PCN3Long Beach $3,765 45589 Dale Shults 1/29/25Access General China Lake $8,502 45654 Dale Shults 1/29/25LCR Earthwork &Apple Valley $20,697 45898 Raul 1/17/25Gentry Brothers Covina $6,290 45907 Dale Shults 1/29/25Tri-Star Contracting Desert Hot Springs $6,736 45994 Raul 1/17/25City Of Irvine Irvine $58,826 46076 Raul 1/9/25Excel Paving Compton $286,240 46419 Robert 1/22/25City Of San Dimas San Dimas $166,660 $1,853,876TotalJanuary 33013 Dale Shults 2/28/25MSL Electric, Inc.Fontana $40,985 33565 Dale Shults 2/28/25LARRY JACINTO Redlands $5,253 34494 Dale Shults 2/28/25ROMERO GENERAL Moreno Valley $92,933 525 CityEstimatorBid# Customer Date Backlog Backlog Report - All Printed 11/13/2024 Thermo Paint 35805 Raul 2/28/25Gentry Brothers Monterey Park $25,382 37266 Dale Shults 2/28/25Sierra Pacific Highland $9,530 38040 Dale Shults 2/28/25MARATHONRiverside County $33,561 39304 Dale Shults 2/28/25DBXMoreno Valley $65,914 39488 Dale Shults 2/28/25PTM GENERAL San Diego $5,549 40858 Dale Shults 2/8/25Buffalo Construction Temecula $11,386 41505 Dale Shults 2/28/25Master Construction Brawley $37,961 41867 Dale Shults 2/28/25Lee & Stires Indio $11,874 41891 Raul 2/28/25The R.J. Noble Santa Fe Springs $16,022 41994 Raul 2/28/25Excel Paving Anaheim $16,763 42010 Dale Shults 2/8/25Elecnor Belco Banning $7,484 42046 Raul 2/28/25Newman Midland San Dimas $4,255 42243 Dale Shults 2/28/25Elecnor Belco Beaumont $1,950 42269 Dale Shults 2/28/25Falcon Striping Inc San Diego $47,721 42483 Dale Shults 2/8/25Kasa Construction Riverside County $2,624 43589 Dale Shults 2/28/25Eleven Western Whittier $5,845 43701 Dale Shults 2/28/25Dalke & Sons San Jacinto $2,651 43719 Dale Shults 2/28/25Fullmer Construction Colton $45,155 43833 Raul 2/8/25AlfaroAnaheim $155,703 44012 Dale Shults 2/28/25Advantage Unlimited Indio $10,967 44091 Dale Shults 2/28/25NationwideEscondido $77,406 44095 Raul 2/28/25City Of Glendora Glendora $12,633 44149 Darren Veltz 2/28/25Elecnor Belco Los Angeles County $47,155 44720 Raul 2/4/25All American Asphalt Inglewood $168,326 44914 Dale Shults 2/23/25PCL Construction Rialto $2,180 45064 Raul 2/18/25SRK Engineering Orange County $4,862 45202 Raul 2/1/25Crosstown Electrical Costa Mesa $10,588 45593 Raul 2/11/25The R.J. Noble County Of Orange $41,031 45684 Darren Veltz 2/17/25Onyx Paving San Marino $104,780 45946 Dale Shults 2/4/25Lee & Stires Indio $38,888 45969 Dale Shults 2/11/25Urban Habitat Coachella $117,947 46038 Raul 2/21/25Elecnor Belco La Canada $25,526 46162 Dale Shults 2/17/25SEMA Construction,Perris $38,926 46225 Dale Shults 2/27/25ASPHALT MD'S Indian Wells $4,492 46244 Raul 2/4/25Hardy and Harper Laguna Hills $111,037 46344 Raul 2/21/25Sequel Contractors Placentia $58,445 46463 Dale Shults 2/2/25Narrow Path San Jacinto $8,285 46493 Raul 2/6/25City Of Anaheim Anaheim $73,552 46496 Raul 2/6/25City Of Anaheim Anaheim $48,370 526 CityEstimatorBid# Customer Date Backlog Backlog Report - All Printed 11/13/2024 Thermo Paint $1,651,896TotalFebruary 36445 Raul 3/30/25Mladen Buntich Los Angeles County $4,232 36993 Dale Shults 3/30/25Ben's Asphalt Murrieta $11,358 37043 Dale Shults 3/30/25Elecnor Belco Riverside County $15,740 37490 Dale Shults 3/30/25J.A. Urban Running Springs $4,787 38469 Dale Shults 3/30/25All American Asphalt Fontana ( Sbco)$57,861 38937 Dale Shults 3/30/25AlfaroYucaipa $2,832 39379 Raul 3/30/25Los Angeles Mission Viejo $4,830 39523 Dale Shults 3/10/25Fullmer Construction Riverside County $70,533 39797 Raul 3/30/253Sixty Innovation,San Clemente $8,741 39798 Dale Shults 3/10/25Cooley Construction San Bernardino $23,821 39802 Raul 3/30/25Hardy and Harper Carson $58,445 39945 Dale Shults 3/30/25Cooley Construction Apple Valley $49,298 40289 Raul 3/30/25DynalectricLos Angeles $27,061 40429 Dale Shults 3/30/25Cooley Construction Victorville $2,190 40571 Dale Shults 3/30/25NPG Corporation Menifee $127,780 40602 Dale Shults 3/30/25City of Big Bear Lake Big Bear Lake $25,946 40834 Dale Shults 3/30/25Dalke & Sons La Quinta $1,610 40881 Raul 3/30/25Excel Paving West Hollywood $4,924 41212 Dale Shults 3/30/25Uprite Construction Fontana $7,679 41384 Dale Shults 3/30/25H&H General Rialto $1,515 41390 Dale Shults 3/30/25Lee & Stires Temecula $3,733 41396 Dale Shults 3/30/25Lee & Stires Lake Elsinore $4,768 41606 Dale Shults 3/30/25AMS Paving Chula Vista $3,541 41619 Dale Shults 3/30/25Metro Builders &Carlsbad $8,084 41704 Dale Shults 3/10/25RQCCamp Pendleton $8,372 41714 Dale Shults 3/30/25BOGHMira Loma $9,170 41725 Dale Shults 3/30/25Pyramid Construction El Centro $22,863 41901 Dale Shults 3/30/25Bowe Contractors Tehachapi $7,140 42200 Dale Shults 3/18/25Lee & Stires San Bernardino $15,686 42218 Dale Shults 3/30/25All American Asphalt Riverside County $18,131 42231 Dale Shults 3/23/25Precision Paving Inc San Diego $45,974 42834 Raul 3/10/25Ben's Asphalt (Inland Anaheim $90,341 42933 Dale Shults 3/30/25Buildrite Construction San Diego $18,092 43094 Dale Shults 3/30/25Weka, Inc.Beaumont $12,567 43238 Dale Shults 3/30/25SIERRA PACIFIC Indio $11,969 43242 Raul 3/30/25DBX Inc.Fontana $18,330 43373 Dale Shults 3/30/25Scorpion Backhoe San Jacinto $3,530 527 CityEstimatorBid# Customer Date Backlog Backlog Report - All Printed 11/13/2024 Thermo Paint 43550 Dale Shults 3/30/25Pyramid Construction El Centro $46,506 43583 Dale Shults 3/30/25AMESCoachella $52,977 43585 Dale Shults 3/30/25LARRY JACINTO Redlands $7,547 43697 Raul 3/30/25Gentry General San Bernardino $20,436 43777 Raul 3/25/25All American Asphalt Ontario $20,145 43796 Dale Shults 3/30/25Urban Habitat Cathedral City $7,390 43816 Dale Shults 3/30/25Lee & Stires San Jacinto $5,688 43903 Dale Shults 3/30/25AGI Contracting Lake Elsinore $46,951 43923 Raul 3/30/25Gentry Brothers Montclair $26,271 43990 Dale Shults 3/30/25Eleven Western Palmdale $5,682 44192 Dale Shults 3/30/25Rove Engineering Brawley $19,692 44209 Raul 3/30/25GCI Construction,Yorba Linda $833 44226 Dale Shults 3/30/25City of Palm Springs Palm Springs $9,485 44252 Raul 3/30/25The R.J. Noble Santa Fe Springs $12,570 44307 Dale Shults 3/30/25Tri Pointe Homes,Beaumont $950 44397 Dale Shults 3/30/25Hatch Group El Centro $7,144 44448 Dale Shults 3/30/25DowningMoreno Valley $8,582 44477 Raul 3/16/25Global Road Sealing Buena Park $73,548 44585 Dale Shults 3/30/25M.A. Stevens San Diego $5,472 44840 Dale Shults 3/30/25Rove Engineering Calexico $3,309 45323 Raul 3/9/25MAMCO, INC Ontario $35,961 45596 Dale Shults 3/30/25DugginsEl Centro $10,197 45785 Raul 3/13/25Gentry Brothers Rancho Cucamonga $134,690 46003 Darren Veltz 3/19/25City Of West Covina West Covina $265,709 46098 Raul 3/10/25Onyx Paving West Covina $83,326 46172 Darren Veltz 3/17/25All American Asphalt Pomona $175,598 46252 Darren Veltz 3/22/25Hardy and Harper Bell Gardens $71,755 46376 Darren Veltz 3/23/25Select Electric, Inc Ontario $283,387 $2,255,273TotalMarch 34890 Raul 4/29/25Tutor Perini Los Angeles $104,805 38162 Dale Shults 4/29/25Oltmans Construction Perris $160,148 38751 Dale Shults 4/29/25Hot Line Construction Riverside $4,315 39858 Dale Shults 4/29/25BOGHYucaipa $5,226 40171 Dale Shults 4/29/25Pavement Coatings San Bernardino $18,750 40179 Raul 4/29/25Hardy and Harper El Segundo $42,694 40498 Dale Shults 4/29/25Lee & Stires Hemet $3,025 41072 Dale Shults 4/29/25Riverside County Cabazon $163,200 41256 Dale Shults 4/29/25Lee & Stires Palm Desert $37,201 528 CityEstimatorBid# Customer Date Backlog Backlog Report - All Printed 11/13/2024 Thermo Paint 41320 Dale Shults 4/29/25R.C. Becker & Son Palmdale $9,595 41363 Raul 4/29/25Gentry Brothers Glendora $94,860 41752 Dale Shults 4/29/25Cooley Construction Jurupa Valley $21,826 42047 Darren Veltz 4/29/25William Bonadiman Anaheim $15,567 42318 Dale Shults 4/29/25LB Civil Constrction,San Diego County $19,114 42351 Dale Shults 4/29/25I E General Yucaipa $12,763 42398 Dale Shults 4/29/25Aster Construction Temecula $2,450 42630 Dale Shults 4/29/25Baker Electric Fontana $14,774 42679 Dale Shults 4/29/25Elecnor Belco Riverside County $6,958 43058 Raul 4/29/25Elecnor Belco Commerce $55,981 43135 Raul 4/4/25Bali Construction Inc.Inglewood $48,683 43302 Darren Veltz 4/29/25Big Ben Engineering Anaheim $27,821 43329 Raul 4/29/25Excel Paving Irvine $76,775 43362 Dale Shults 4/29/25GRANITEEl Centro $3,991 43436 Dale Shults 4/29/25Urban Habitat San Bernardino $5,849 43490 Dale Shults 4/29/25GRANITEPalm Springs $6,588 43568 Dale Shults 4/29/25Elecnor Belco Cathedral City $4,986 43817 Dale Shults 4/10/25Hillwood Construction Fontana $331,569 43857 Raul 4/29/25SEMA Construction,Murrieta $10,652 43869 Dale Shults 4/29/25Big Ben Construction Jurupa Valley $25,503 43994 Dale Shults 4/29/25Precision Paving Inc Victorville $27,395 44065 Dale Shults 4/29/25RiversideIndio $60,337 44067 Dale Shults 4/29/25Reyes Construction,Vista $86,514 44156 Raul 4/29/25Excel Paving Long Beach $15,590 44357 Dale Shults 4/29/25NPG CORP Wildomar $25,795 44608 Dale Shults 4/29/25SimmonsYucaipa $4,768 44940 Dale Shults 4/29/25GRANITEPalm Springs $300,556 45201 Raul 4/8/25Elecnor Belco Santa Ana $16,920 45234 Dale Shults 4/29/25Leonida Builders Menifee $53,487 45405 Dale Shults 4/29/25Tri Pointe Homes,Beaumont $520 45473 Darren Veltz 4/29/25City of San San Bernardino $5,287 45719 Raul 4/13/25PTM GENERAL Covina $16,880 45795 Raul 4/29/25Williams Pipeline Inglewood $15,261 45857 Raul 4/28/25Elecnor Belco Glendale $12,680 45978 Dale Shults 4/19/25RiversidePalm Springs $33,934 46169 Darren Veltz 4/23/25Gentry Brothers La Habra $29,693 46171 Dale Shults 4/7/25CJ Construction Inc.Rialto $2,950 46230 Raul 4/7/25Onyx Paving Ontario $198,273 46291 Raul 4/29/25FS Contractors, Inc County Of Los $63,813 529 CityEstimatorBid#Customer Date Backlog Backlog Report - All Printed 11/13/2024 Thermo Paint 46332 Dale Shults 4/12/25Lee & Stires Indio $7,396 46368 Raul 4/20/25American Asphalt La Puente $44,726 46377 Raul 4/19/25Excel Paving Long Beach $3,944 46388 Raul 4/22/25The R.J. Noble Anaheim $45,426 46449 Raul 4/5/25Roy Allan Slurry Seal,Placentia $68,511 $2,476,325TotalApril 43324 Darren Veltz 5/29/25Elecnor Belco Los Angeles County $175,768 45399 Darren Veltz 5/9/25CJ Construction Inc.Santa Ana $225,220 45934 Dale Shults 5/21/25Oltmans Construction Hesperia $33,852 46146 Raul 5/15/25Turner Construction Beverly Hills $123,782 46196 Raul 5/21/25Sully-Miller Ontario $93,802 46229 Raul 5/6/25Hardy and Harper Burbank $75,636 46278 Dale Shults 5/3/25PCN3Industry $11,268 $739,328TotalMay 45748 Dale Shults 6/17/25PTM Engineering Lake Elsinore $18,260 46491 Raul 6/4/25NationwideTustin $50,526 $68,786TotalJune 44954 Dale Shults 7/12/25Snyder Langston Riverside County $110,796 45703 Darren Veltz 7/23/25MARATHONRiverside County $40,796 46032 Raul 7/20/25All American Asphalt Chino $59,404 $210,996TotalJuly 44707 Raul 8/5/25Elecnor Belco Chino $22,526 $22,526TotalAugust ?Grand Total $14,247,887.55 530 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 Pavement Delineation Services, Bid No. CB-21-04 Traffic Striping and Pavement Markings Maintenance 10/2024 $115,347.34 Huntington Drive Striping Improvements Traffic Striping and Pavement Markings Maintenance 07/2024 $29,495.40 Repaint White ZoneMarking Painting c/o Baldwin ParkAnthony Vazquez(626) 960-3993 Traffic Striping and Pavement Markings Maintenance 07/2024 $22,499.40 c/o San MarinoChris Gutierrez(626) 300-0793 c/o InglewoodVictor Nunez(714) 595-0419 c/o San DimasEsau Ramos(909) 208-9431 Repainting CitywideSchool Work Traffic Striping and Pavement Markings Maintenance 07/2024 $26,837.60 c/o El MonteJairo Gomez(626) 580-2058 06/2024 Traffic Striping and Pavement Markings Maintenance Traffic Striping and Pavement Markings Maintenance c/o LawndaleNabi Sidiqi(310) 973-3261 06/2024 $38,396.00 Repainting Crosswalk onSanta Anita, Durfee, Baldwin & Peck Annual Striping Project $47,454.72 03/2024 $54,942.00Traffic Striping andPavement MarkingsMaintenance c/o Seal BeachScott Smith(562) 461-2527 Old Town Restriping Street Striping & Thermoplastic Markings (22-09) c/o Costa MesaHenry Granados(714) 327-7472 Traffic Striping andPavement MarkingsMaintenance 04/2024 $159,612.00 Restriping Los Robles c/o San MarinoChris Gutierrez(626) 300-0793 Traffic Striping andPavement MarkingsMaintenance 03/2024 $29,870.00 c/o ArcadiaDave Thompson(626) 254-2726 02/2024Traffic Striping andPavement MarkingsMaintenance Street Striping & Pavement Markings Services $113,264.00 $98,927.4606/2023Traffic Striping andPavement MarkingsMaintenance c/o San DimasEsau Ramos(909) 208-9431 Arterial Restripe at Var.Locations in the City of San Dimas $26,216.33 $588,572.93 07/2023 07/2023 Traffic Striping andPavement MarkingsMaintenance Traffic Striping andPavement MarkingsMaintenance c/o Signal HillArvin Pacheco (562) 335-9513 c/o IrvineJose Alvarado(562) 762-5711 Segment B Striping Measurement As-Needed Street Striping Services 21-3028 08/2023 $26,718.00Traffic Striping andPavement MarkingsMaintenance Traffic Striping andPavement MarkingsMaintenance 10/2023 $33,754.91c/o CovinaHugo Guerrero(626) 705-6300 Annual Striping Maint.Contract 2019/2020 c/o Murrieta Jason Morrell(951) 461-6400 On-Call Street Striping & Pavement Marking Maint.Services 2023-2024 531 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. Rick Gessaman 100% Please see attached. Please see attached. Please see attached. 532 533 534 535 536 537 538 539 540 541 E. ADDITIONAL BIDDER’S STATEMENTS: If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked: _______ N/A _____________________________Darren Veltz, Chief Financial OfficerSuperior Pavement Markings, Inc. ________________________Robert Garcia, Vice President 542 543 544 545 546 547 548 January 1, 2024 SUPERIOR PAVEMENT MARKINGS, INC. 2/28/2025 245580 http://www.arb.ca.gov/doors/compliance_cert1.html 549 550 © CONSTRUCTION NOTES: DESE R T CROS S I N G HIGHWAY 111 H I G H W A Y 1 1 1 PL A Z A WA Y EL PASEO SA N L U I S RE Y A V E N U E Digitally signed by Maria I. Fraser DN: E=mfraser@palmdesert.gov, CN=Maria I. Fraser, O=City of Palm Desert, L=Palm Desert, S=California, C=US Reason: I am approving this document Date: 2023.08.01 15:15:24-07'00' 551 © CONSTRUCTION NOTES: FRED WARING DRIVE MO N T E R E Y AV E N U E FRED WARING DRIVE MO N T E R E Y AV E N U E SAN GORGONIO WAY DE E P CA N Y O N RO A D AZTEC ROAD CO O K ST R E E T SIGN LEGEND (NEW SIGNS ONLY) Digitally signed by Maria I. FraserDN: E=mfraser@palmdesert.gov, CN=Maria I. Fraser, O=City of Palm Desert, L=Palm Desert, S=California, C=US Reason: I am approving this document Date: 2023.08.01 15:15:51-07'00' 552 © CONSTRUCTION NOTES: SA N P A B L O AV E N U E HIGHWAY 111 SA N L U I S RE Y A V E N U E HIGHWAY 111 FRED WARING DRIVE TO W N CE N T E R WA Y Digitally signed by Maria I. FraserDN: E=mfraser@palmdesert.gov, CN=Maria I. Fraser, O=City of Palm Desert, L=Palm Desert, S=California, C=US Reason: I am approving this document Date: 2023.08.01 15:16:25-07'00' 553 © MERLE DRIVE CO O K ST R E E T MO N T E R E Y A V E N U E DINAH SHORE DRIVE CONSTRUCTION NOTES: FRED WARING DRIVE SA N PA S C U A L AV E SIGN LEGEND (NEW SIGNS ONLY)SIGN LEGEND (NEW SIGNS ONLY) Digitally signed by Maria I. Fraser DN: E=mfraser@palmdesert.gov, CN=Maria I. Fraser, O=City of Palm Desert, L=Palm Desert, S=California, C=US Reason: I am approving this document Date: 2023.08.01 15:17:03-07'00' 554 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 12, 2024 PREPARED BY: Austin Yaple, Accounting Manager SUBJECT: ADOPT RESOLUTION MAKING CERTAIN FINDINGS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 66000-66008 RELATING TO THE DEVELOPMENT IMPACT FEES ANNUAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2024. RECOMMENDATION: Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REVIEWING AND ACCEPTING THE ANNUAL DEVELOPMENT IMPACT FEE DISCLOSURE REPORT FOR THE CITY’S VARIOUS DEVELOPMENT IMPACT FEES AND MAKING FIVE-YEAR FINDINGS REGARDING THE CONTINUING NEED FOR UNEXPENDED BALANCES OF IMPACT FEES AS OF JUNE 30, 2024 , PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 66001.” BACKGROUND/ANALYSIS: AB 1600 (Statutes of 1998, Mitigation Fee Act), codified as Section 66000 et seq. of the California Government Code (Code), regulates how public agencies collect, maintain, and spend impact fees imposed on developers for the purpose of defraying costs of public facilities. It includes requirements for accounting, spending, and annually reporting the fees and related interest earnings, and for findings or refunds if fees remain unspent five or more years after receipt. Section 66006(b)(1) includes specific reporting requirements for each separate account or fund established pursuant to the Code, and the local agency shall, within 180 days after the last day of each fiscal year, make certain information available to the public, for compliance. The attached resolution and report (Exhibit A to the resolution) prepared for the fiscal year ending June 30, 2024, provides the information required by the Code including the beginning and ending balances by fund as well as any changes during the year. The report also provides the amount of fees, interest, other income, expenditures, loans and proposed projects. Based on the findings, there were no required refunds made during the reported fiscal year. The City Council must review the annual report and make findings at a publicly held meeting not less than fifteen days after the information is made available to the public. This report was filed with the City Clerk’s office and available for public review on November 25, 2024. A draft of the report was also provided to the local Desert Valleys Builders Association and Riverside BIA. Legal Review: This report has been reviewed by the City Attorney’s Office FINANCIAL IMPACT: There is no fiscal impact from filing the report and its findings. 555 City of Palm Desert Development Impact Fees Annual Report Page 2 of 2 ATTACHMENTS: 1. Resolution 2. FY2024/2025 Development Impact Fees Annual Report (Exhibit A to the Resolution) 3. Capital Improvement Program Budget for FY 2024-2025 to FY 2028-2029 556 RESOLUTION NO. 2024-_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REVIEWING AND ACCEPTING THE ANNUAL DEVELOPMENT IMPACT FEE DISCLOSURE REPORT FOR THE CITY’S VARIOUS DEVELOPMENT IMPACT FEES AND MAKING FIVE-YEAR FINDINGS REGARDING THE CONTINUING NEED FOR UNEXPENDED BALANCES OF IMPACT FEES AS OF JUNE 30, 2024, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 66001 WHEREAS, Government Code Sections 66000 through 66008 (known as and referenced to herein as “AB1600”) regulate the imposition, collections, maintenance, expenditure and reporting of impact fees imposed on developers for the purpose of defraying costs of public facilities; and WHEREAS, the City of Palm Desert (“City”) has established, adopted, and imposed Housing Mitigation Fees, Child Care Facility Fees, New Construction Fees, Drainage Facility Fees, Park & Recreation Fees, Traffic Signalization Fees, and Fire Facility Fees (collectively the “Fees”); and WHEREAS, in accordance with the provisions of AB1600, the City has set up separate special revenue funds for each type of Fee the City imposes (each a “Fund” and collectively the “Funds”), crediting earned interest to those Funds, and spending the accumulated Fees and related interest on appropriate expenditures; and WHEREAS, the City has made available to the public within one hundred eighty (180) days following the last day of the fiscal year the annual development impact fee disclosure report (“Annual Report”) required by AB1600 related to each of the Fees which also includes the Five- Year Reports with respect to each of the Fees; and WHEREAS, the City has mailed notice at least fifteen (15) days prior to this meeting to all interested parties who have requested notice of any meeting relative to the City’s imposition of the Fees and has held a duly noticed, regularly scheduled public meeting at which oral and written testimony was received regarding the Annual Report and the Five-Year Reports at least fifteen (15) days after the City made this information publicly available; and WHEREAS, the City Council desires to accept the Annual Report, including the Five-Year Reports and to make the necessary findings required by law, with respect to the unexpended Fees. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT RESOLVES, FINDS, DECLARES AND DETERMINES AS FOLLOWS: Section 1. The City finds that all of the foregoing recitals are true and correct and are hereby incorporated and adopted as findings and determinations by the City Council as if fully set forth herein. 557 Resolution No. 2024-_____ Page 2 of 2 Section 2. In accordance with Government Code Section 66006(b), the City Council has reviewed and approves the Annual Report regarding each of the Fees, which is attached to this Resolution and is incorporated herein by this reference, and is also placed on file with the City Clerk. The City Council, based upon the information contained in the Annual Report and the remaining need for the unexpended Fees, finds as follows: a. The Annual Report describes the types of Fees contained in each Fund, including the amount of the Fees, the beginning and ending balances of each Fund that has been established for each Fee, as well as the amount of Fees collected, and the interest earned thereon; and b. The Annual Report identifies each public improvement on which the Fees were expended, the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the Fees; and c. Sufficient Fees have not been collected to complete the financing of the various incomplete public improvements; and d. There have been no interfund transfers or loans made from any of the Funds; and e. There have been no refunds made from the Funds. Section 3. The City has identified Fees collected from developers that are subject to AB1600’s requirements. Those funds are: Housing Mitigation Fee (Fund 214) Child Care Facility Fee (Fund 228) New Construction Fee (Fund 231) Drainage Facility Fee (Fund 232) Park & Recreation Fee (Fund 233) Traffic Signalization Fee (Fund 234) Fire Facility Fee (Fund 235) Section 4. In accordance with Government Code Section 66001(d), the City Council has reviewed the Five-Year Report sections included in the Annual Report for each of the Funds. The City Council finds, based on the information in the Five-Year Report sections, as follows: a. Pursuant to Government Code Subsection 66001(d)(1)(A), the Five-Year Report identifies the purpose to which all unexpended Fees, whether committed or uncommitted, will be put; and b. Pursuant to Government Code Subsection 66001(d)(1)(B), the Five-Year Report demonstrates, for each Fee, a reasonable relationship between the unexpended fees contained in each Fund and the purposes to which such Fees will be put; and c. Pursuant to Government Code Subsection 66001(d)(1)(C), the Five-Year Report identifies all sources and amounts of funding anticipated to complete financing of incomplete improvements or projects for each Fund; and 558 Resolution No. 2024-_____ Page 2 of 2 d. Pursuant to Government Code Subsection 66001(d)(1)(D), the Five-Year Report identifies the approximate dates upon which the funding for such incomplete improvements or projects will be deposited into each Fund; and e. There remains unexpended Fees in each Fund which are still necessary to complete the purposes for which the Fees were collected. Section 5. These findings are based on the information provided in the City’s Annual Report, the City’s annual operating budget, and the Capital Improvement Program for Fiscal Year 2024-2025 to 2028-2029, which each are incorporated herein by this reference. Section 6. Pursuant to these findings, and at this time, there shall not be a refund of any unexpended Fees. Section 7. If any section, subsection, subdivision, sentence, clause, or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. Section 8. This Resolution shall be effective immediately upon its adoption. PASSED, APPROVED AND ADOPTED at the regular meeting of the Palm Desert City Council held on this 12th day of December 2024, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: MAYOR ATTEST: ANTHONY J. MEJIA, MMC, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 559 560 CAPITAL IMPROVEMENT FUNDS PROGRAM Type Project Name Fund Type Account No. 2023-24 Carryover Requested 2024-25 Year 1 2025-26 Year 2 2026-27 Year 3 2027-28 Year 4 2028-29 Year 5 Total Annual AD Annual R/M Debt Service Funds 3034311-4332000 - - 24,511 - - - 24,511 Annual AD Annual R/M Debt Service Funds 3044311-4332000 188,669 -- - - - 188,669 Annual AD Annual R/M Debt Service Funds 3064311-4332000 121,231 -- -- - 121,231 Annual AD Annual R/M Debt Service Funds 3074311-4332000 - - 324,833 - - - 324,833 Annual AD Annual R/M Debt Service Funds 3084311-4332000 101,978 -- - - - 101,978 Annual AD Annual R/M Debt Service Funds 3514311-4332000 1,173,458 -- -- - 1,173,458 Annual Bridge Inspection & Repair Program Special Revenue Funds 2134359-4400100 442,141 700,000 2,000,000 300,000 300,000 300,000 4,042,141 Cont.City Hall ADA & Parking Lot Improvements Capital Project Funds 4004161-5000914 - - - - - - - Annual Citywide Pavement Condition Evaluation Special Revenue Funds 2114311-4391505 100,000 250,000 110,000 110,000 110,000 110,000 790,000 New CV Link Enhancements & Slurry Seal Special Revenue Funds 2134311-4332000 446,048 - - - - - 446,048 Cont.CV Link Hovley Connector Special Revenue Funds 2314670-5000202 - - - 3,500,000 - - 3,500,000 Cont.Desert Willow Parking Lot Landscape Project Enterprise Funds 4414195-4809200 75,952 - - - - - 75,952 Cont.Fire Station 102 Special Revenue Funds 2304220-4400100 3,332,600 - - - - - 3,332,600 Cont.Fire Station 102 Special Revenue Funds 2354270-4400100 663,629 - - - - - 663,629 Cont.Fire Station 102 PA2 Capital Project Funds 4514270-4400100 - - - - - - - Cont.Fire Station 102 PA4 Capital Project Funds 4514270-4400100 - 12,000,000 8,000,000 - - - 20,000,000 New Fire Station 33 Remodel Special Revenue Funds 2304220-4400100 - 500,000 6,000,000 -- - 6,500,000 New Fire Station 71 Rebuild Special Revenue Funds 2304220-4400100 - 450,000 6,500,000 - - - 6,950,000 Cont.Haystack Channel Rehab Capital Project Funds 4204370-5000454 3,294,486 - - - - - 3,294,486 Cont.Haystack Road Traffic Calming Improve Special Revenue Funds 2134565-5000909 1,389,754 - - - - - 1,389,754 Cont.Haystack/Highway 74 & Monterey/Fred Waring Mod. Special Revenue Funds 2134250-5000904 14,863 - - - - - 14,863 Cont.HSIP Crosswalks Special Revenue Funds 2134317-5000908 216,259 - - - - - 216,259 Cont.HSIP Signal Backplates Special Revenue Funds 2134317-5000908 1,601,996 - - - - - 1,601,996 New Mountain View Retention Basin General Fund 1104159-4219100 1,640,359 - - -- - 1,640,359 New New Library Facility Capital Project Funds 4524136-4400100 69,015 3,200,000 - - -- 3,269,015 New New Library Facility Capital Project Funds 4514136-4400100 - - 16,000,000 - - - 16,000,000 Cont.PD Link Special Revenue Funds 2134670-5000202 1,300,000 250,000 250,000 250,000 2,050,000 Cont.PDHA Replacement Expenditures Special Revenue Funds 8714195-4331100 1,914,841 4,500,000 - - - - 6,414,841 Cont.Sec 29 & Gerald Ford Improv on Det Basins & Storm Drain Special Revenue Funds 2894374-5000455 - - - - - - - Cont.Sec 29 & Gerald Ford Improv on Det Basins & Storm Drain Capital Project Funds 4514374-5000455 - - - - - - - Cont.Sec 29 & Gerald Ford Improv on Det Basins & Storm Drain Special Revenue Funds 2324370-5000455 2,559 - - - - - 2,559 New Stormwater and Drainage Infrastructure Assessment Special Revenue Funds 2134370-4400100 - 3,360,000 2,680,000 2,680,000 2,745,000 2,745,000 14,210,000 Annual Street Resurfacing Program Special Revenue Funds 2114311-4332000 4,252,793 2,000,000 1,500,000 1,500,000 1,500,000 1,500,000 12,252,793 Annual Street Resurfacing Program Special Revenue Funds 2114311-4391505 - 1,300,000 - - -- 1,300,000 Annual Street Resurfacing Program Special Revenue Funds 2134311-4332000 598,856 2,000,000 6,500,000 3,500,000 2,500,000 2,500,000 17,598,856 New Vitalia Way &Gerald Ford Drive Traffic Signal improv Special Revenue Funds 2134385-5000911 625,167 - - - - - 625,167 Annual Walk n Roll PD Special Revenue Funds 2134633-5000103 1,921,720 2,500,000 - - - - 4,421,720 TOTALS 24,188,374 34,060,000 49,889,344 11,840,000 7,405,000 7,155,000 134,537,718 CIP Funding Sources 2023-24 Carryover Requested 2024-25 Year 1 2025-26 Year 2 2026-27 Year 3 2027-28 Year 4 2028-29 Year 5 General Fund 1,640,359 - - - - - Special Revenue Funds 17,523,226 18,860,000 25,540,000 11,840,000 7,405,000 7,155,000 Capital Project Funds 3,363,501 15,200,000 24,000,000 - - - Debt Service Funds 1,585,336 -349,344 - - - Internal Service Funds - - - - - - Enterprise Funds 75,952 - - - - - Unfunded - - - - - - TOTALS 24,188,374 34,060,000 49,889,344 11,840,000 7,405,000 7,155,000 CIP PROJECTS 263 561 CAPITAL IMPROVEMENT FUNDS PROGRAM Type Project Name Fund Type Account No. 2023-24 Carryover Requested 2024-25 Year 1 2025-26 Year 2 2026-27 Year 3 2027-28 Year 4 2028-29 Year 5 Total Annual ADA Curb Ramp Modifications General Fund 1104312-4332000 - 50,000 50,000 50,000 50,000 50,000 250,000 Annual ADA Curb Ramp Modifications Special Revenue Funds 2134312-4400100 - 100,000 100,000 100,000 100,000 100,000 500,000 Deferred Artists Center at Galen Improv Capital Project Funds 4504164-4388500 - 150,000 75,000 75,000 - - 300,000 Annual Bike Lane Striping Special Revenue Funds 2134633-5000204 - 150,000 150,000 150,000 150,000 - 600,000 Deferred Cahuilla Hills Park Improvements Special Revenue Funds 2204649-4400100 329,544 - - - - - 329,544 Deferred Cahuilla Hills Park Improvements Capital Project Funds 4004618-4400100 - 1,800,000 - - - - 1,800,000 Annual Catch Basin & Inlet Modifications Special Revenue Funds 2114311-4332000 - 110,000 110,000 110,000 100,000 100,000 530,000 Cont.Catch Basin & Inlet Modifications Capital Project Funds 4204314-4332000 18,535 275,000 275,000 275,000 275,000 275,000 1,393,535 Cont.City Hall Roof Improvements Capital Project Funds 4504161-4400100 150,000 150,000 150,000 - - - 450,000 Annual Citywide Street Striping &Lane Improv Special Revenue Funds 2134315-4332000 - 300,000 300,000 300,000 300,000 - 1,200,000 Cont.Citywide Wayfinding Signage Special Revenue Funds 2134300-5000910 - 250,000 250,000 - - - 500,000 Deferred Civic Center Complex Improvements Capital Project Funds 4504161-4400100 - 675,000 250,000 250,000 250,000 - 1,425,000 Deferred Civic Center Park Improvements Capital Project Funds 4004674-4400100 600,000 1,050,000 450,000 250,000 250,000 250,000 2,850,000 Deferred Community Gardens Box Renovation Capital Project Funds 4004618-4400100 - 250,000 250,000 250,000 100,000 100,000 950,000 Deferred Corporation Yard Building Improv Capital Project Funds 4004330-4400100 - 650,000 100,000 75,000 75,000 75,000 975,000 Cont.Desert Recreation District Building Improv Capital Project Funds 4514164-4400100 3,770,946 - - - - - 3,770,946 Cont.El Paseo Mid-Block Crossing Special Revenue Funds 2134311-4332000 750,000 1,000,000 - - - - 1,750,000 Cont.El Paseo Mid-Block Crossing Capital Project Funds 4514679-5000102 250,000 - - - - - 250,000 Deferred El Paseo Parkway Improvements Capital Project Funds 2134310-4400100 - 500,000 150,000 150,000 150,000 150,000 1,100,000 Cont.Facilities Maint Master Plan Capital Project Funds 4504164-4309000 100,000 100,000 100,000 100,000 100,000 100,000 600,000 Cont.Fire Cliff - Golf Course Improve Capital Project Funds 4414195-4809200 - - - 50,000 50,000 50,000 150,000 Deferred Fire Station 33 Building Improv Special Revenue Funds 2304220-4400100 - 150,000 150,000 150,000 150,000 150,000 750,000 Deferred Fire Station 67 Building Improv Special Revenue Funds 2304220-4400100 450,000 275,000 75,000 75,000 75,000 75,000 1,025,000 Deferred Fire Station 71 Building Improv Special Revenue Funds 2304220-4400100 - 100,000 150,000 150,000 150,000 150,000 700,000 Deferred Fire Station 71 Tenant Improve Special Revenue Funds 2304220-4400100 - 300,000 300,000 300,000 300,000 300,000 1,500,000 Deferred Henderson Building improv Capital Project Funds 4504164-4400100 - 150,000 150,000 150,000 150,000 150,000 750,000 Deferred Historical Society Building Improv Capital Project Funds 4504164-4400100 - 150,000 100,000 100,000 100,000 100,000 550,000 Cont.Homme Adams Park New Prefabricated Restroom Capital Project Funds 4004618-4400100 150,000 750,000 - - - - 900,000 Annual Housing Mitigation Special Revenue Funds 2144490-4390101 - 250,000 250,000 250,000 250,000 - 1,000,000 Deferred Hovley Soccer Park Improvements Capital Project Funds 4004618-4400100 250,000 150,000 800,000 - - - 1,200,000 Deferred Magnesia Falls Park Improvements Capital Project Funds 4004618-4400100 - 200,000 -- -- 200,000 Cont.Market Place Dr & Cook Traffic Signal improv.Special Revenue Funds 2134385-5000911 1,029,482 - - - - - 1,029,482 Cont.Market Place Dr & Cook Traffic Signal improv.Special Revenue Funds 2344250-4400100 460,075 - - - - - 460,075 Deferred Median Landscape Rehabilitation General Fund 1104614-4337001 - 750,000 750,000 750,000 750,000 750,000 3,750,000 New Mid-Valley Channel Improvements Capital Project Funds 4004370-5000456 - 150,000 150,000 150,000 -- 450,000 Annual Motorcycle Replacement Special Revenue Funds 2294210-4391400 - 35,000 36,000 -- - 71,000 Cont.Mountain View - Golf Course Improve Capital Project Funds 4414195-4809200 - - - 250,000 3,500,000 - 3,750,000 Annual Neighborhood Traffic Calming Program Special Revenue Funds 2134565-5000903 - 200,000 200,000 200,000 200,000 - 800,000 Cont.North Sphere Community Park - Future Improv Capital Project Funds 4514618-5000913 - 150,000 - - - - 150,000 Cont.North Sphere Community Park - Future Improv Unfunded N/A - 5,000,000 10,000,000 - - - 15,000,000 New North Sphere Regional Park - Future Improv Unfunded N/A - - 15,000,000 15,000,000 - - 30,000,000 Cont.Office Space Improv- Phase 1 Capital Project Funds 4504164-4400100 132,487 - - - - - 132,487 New Office Space Improv- Phase 2 Capital Project Funds 4504164-4400100 - 350,000 - - - - 350,000 New Office Space Improv- Phase 3 Capital Project Funds 4504164-4400100 - 750,000 - - - - 750,000 Deferred Palm Desert Aquatic Center Special Revenue Funds 2424549-4400100 150,000 350,000 - 250,000 250,000 - 1,000,000 Cont.Palma Village Park Improve Special Revenue Funds 2204649-4400100 10,650 - - - - - 10,650 Deferred Palma Village Park Improve Capital Project Funds 4004618-4400100 220,000 250,000 150,000 - - - 620,000 PUBLIC WORKS PROJECTS 264 562 CAPITAL IMPROVEMENT FUNDS PROGRAM Type Project Name Fund Type Account No. 2023-24 Carryover Requested 2024-25 Year 1 2025-26 Year 2 2026-27 Year 3 2027-28 Year 4 2028-29 Year 5 Total Deferred Park Playground Improvements Capital Project Funds 4004618-4400100 - 125,000 1,500,000 1,500,000 75,000 75,000 3,275,000 Deferred Parking Lot Rehab & Maint General Fund 1104313-4332000 168,000 200,000 500,000 500,000 500,000 500,000 2,368,000 Annual Parks & Medians Cal Sense/Smart Controller Irrigation Capital Project Funds 4004388-4400100 - 75,000 75,000 -- - 150,000 Cont.Parkview Office Complex - Facility Improve Enterprise Funds 5104361-4400100 2,000,000 850,000 250,000 250,000 1,500,000 1,500,000 6,350,000 Annual Pickleball, Tennis, & Basketball Court Resurfacing Capital Project Funds 4004618-4400100 - 100,000 100,000 100,000 100,000 100,000 500,000 Annual Pickleball, Tennis, & Basketball Court Resurfacing General Fund 1104674-4400100 - 50,000 50,000 50,000 50,000 50,000 250,000 Deferred Portola Community Center Renovations Capital Project Funds 4004439-4391503 - 50,000 - - - - 50,000 Deferred Portola Community Center Renovations Capital Project Funds 4504439-4400100 100,000 500,000 - - - - 600,000 Cont.President's Plaza East & West Parking Lot Rehab Capital Project Funds 4004692-4400100 150,423 78,612 80,971 83,400 - - 393,406 Annual Public Buildings Furnishings Capital Project Funds 4504161-4400100 - 100,000 100,000 100,000 100,000 - 400,000 Cont.Safe Routes to Schools Plan Special Revenue Funds 2134300-5000910 675,000 - - - - - 675,000 Deferred Sidewalk Replacement Program General Fund 1104310-4332000 - 150,000 150,000 150,000 150,000 150,000 750,000 Deferred Sidewalk Replacement Program Special Revenue Funds 2134310-5000205 - 100,000 100,000 100,000 100,000 100,000 500,000 Deferred State Building Improvements Enterprise Funds 5104361-4400100 - 4,850,000 -- -- 4,850,000 Cont.Technology Drive Extension to Gerald Ford Drive General Fund 1104311-4332000 300,000 - - - - - 300,000 Deferred Traffic Management System Replacement Capital Project Funds 4004250-4400100 - 1,500,000 -- -- 1,500,000 Annual Traffic Operations & Capacity Improv Special Revenue Funds 2134250-5000907 - 750,000 750,000 750,000 750,000 750,000 3,750,000 Deferred Traffic Signal Hardware Upgrades Special Revenue Funds 2134250-5000906 - 800,000 300,000 300,000 300,000 300,000 2,000,000 Deferred Traffic Signal Hardware Upgrades (IISNS Signs)Special Revenue Funds 2134250-5000906 - 500,000 500,000 500,000 500,000 500,000 2,500,000 Deferred University Park Improvements Capital Project Funds 4004618-4400100 - 250,000 150,000 150,000 - - 550,000 Deferred Washington Park Improvements Capital Project Funds 4004618-4400100 - 100,000 800,000 -- - 900,000 Annual Vehicle Leases Maintenance General Fund 1104331-4334000 - 45,000 -- -45,000 Cont.Ambulance Purchase/Remounts Internal Service Funds 5304220-4403000 200,000 350,000 350,000 - - - 900,000 New Backhoe Internal Service Funds 5304310-4403000 - 150,000 -- -- 150,000 New Bucket Truck Internal Service Funds 5304310-4403000 - 350,000 -- -- 350,000 New City Hall Charging Stations Internal Service Funds 5304310-4404500 - 450,000 250,000 - - - 700,000 Annual Desktop-Laptops Internal Service Funds 5304190-4404000 - 286,783 325,655 460,072 340,183 - 1,412,693 New EV Carpools Internal Service Funds 5304310-4403000 - 250,000 250,000 - - - 500,000 New Forklift Internal Service Funds 5304310-4403000 - 50,000 - - - - 50,000 Cont.Graffiti Truck Internal Service Funds 5304310-4403000 110,000 - - - - - 110,000 New Message Boards Internal Service Funds 5304310-4403000 - 75,000 -- -- 75,000 New New Golf Cart Landscape Internal Service Funds 5304310-4403000 - 25,000 -- -- 25,000 New Portable Generator Internal Service Funds 5304310-4403000 - 200,000 -- -- 200,000 New Pressure Washers Internal Service Funds 5304310-4403000 - 75,000 -- -- 75,000 New Skip Loader Internal Service Funds 5304310-4403000 - 125,000 -- -- 125,000 Cont.Stryker Gurneys Internal Service Funds 5304220-4403000 - 125,000 - - - - 125,000 New Track Loader Internal Service Funds 5304310-4403000 - 125,000 -- -- 125,000 New Trash Pump Internal Service Funds 5304310-4403000 - 50,000 -- -- 50,000 New Vector Truck Internal Service Funds 5304310-4403000 - - 750,000 -- - 750,000 Annual Vehicle Leases Internal Service Funds 5304331-4344000 - 100,000 -- -- 100,000 TOTALS 12,525,142 31,980,395 38,352,626 24,953,472 12,290,183 6,950,000 127,051,818 Public Works & Facilities Funding Sources 2023-24 Carryover Requested 2024-25 Year 1 2025-26 Year 2 2026-27 Year 3 2027-28 Year 4 2028-29 Year 5 General Fund 468,000 1,245,000 1,500,000 1,500,000 1,500,000 1,500,000 Special Revenue Funds 3,854,751 5,720,000 3,721,000 3,685,000 3,675,000 2,525,000 Capital Project Funds 5,892,391 11,528,612 5,955,971 4,058,400 5,275,000 1,425,000 Debt Service Funds - - - - - - Internal Service Funds 310,000 2,786,783 1,925,655 460,072 340,183 - Enterprise Funds 2,000,000 5,700,000 250,000 250,000 1,500,000 1,500,000 Unfunded -5,000,000 25,000,000 15,000,000 - - TOTALS 12,525,142 31,980,395 38,352,626 24,953,472 12,290,183 6,950,000 PUBLIC WORKS PROJECTS CONTINUED 265 563 564 EXHIBIT A 1) A brief description of the type of fee in the account or fund. 2) The amount of the fee. 3) The beginning and ending balance of each account or fund. 4) The amount of the fees collected and the interest earned. The Development fee programs included in this report are the following: Section A – Housing Mitigation Fee (Fund 214) Section B – Child Care Facility Fund (Fund 228) Section C – New Construction Tax Fee (Fund 231) Section D – Drainage Facility Fee (Fund 232) Section E – Park & Recreation Fee (Fund 233) Section F – Traffic Signalization Fee (Fund 234) Section G – Fire Facility Fund (Fund 235) 6) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete. An identification of each public improvement identified in a previous report pursuant to clause (i) and whether construction began on the approximate date noted in the previous report. For a project identified pursuant to clause (ii) for which construction did not commence by the approximate date provided in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction. 7) A description of each interfund transfer or loan made from the account or fund, if any, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the interest rate that the account or fund will receive on the loan. 8) The amount of refunds made pursuant to subdivision (e) of Section 66001, the number of persons or entities identified to receive those refunds, and any allocations pursuant to subdivision (f) of Section 66001. The City's Five Year Capital Improvement Program Budget is attached as a reference to future projects using existing cash balances for FY 2024-2025 through 2028-2029 CITY OF PALM DESERT DEVELOPMENT IMPACT FEE ANNUAL REPORT FISCAL YEAR 2023-2024 This report contains certain information required to be filed annually by the City of Palm Desert (the “City”) in accordance with the Mitigation Fee Act, commencing with Section 66000 of the California Government Code. The reporting requirements set forth in the Mitigation Fee Act (the “Act”) are applicable to the impact fees imposed on new development in the City. The Act requires that a public agency, on an annual basis, make available to the public within 180 days after the last day of each fiscal year the following information for the past fiscal year: 5) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. 12/5/2024565 Section A– Housing Mitigation Fee (Fund 214) Brief description of the type of fee in the fund: Part I – Fund Balance, Revenue, Interest, Expenditures, Ending Balance 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 Beginning Balance 3,026,646$ 3,489,660$ 3,575,892$ 3,547,149$ 3,155,924$ Developer Fees 309,046$ 85,098$ 27,247$ 55,521$ 31,800$ Interest Income 65,569$ 25,560$ 18,355$ 89,967$ 139,222$ Gain (Loss) on Fair Value-GASB 31 11,002$ (17,336)$ (68,100)$ 27,622$ 29,749$ 385,617$ 93,322$ (22,498)$ 173,109$ 200,771$ HCD Grant Loan Proceeds 90,000$ -$ 30,000$ 30,000$ 30,000$ Interest on Loan 22,387$ -$ 12,802$ 8,467$ 1,000$ Expenditures (34,989)$ (7,090)$ (49,048)$ (602,802)$ (277,592)$ (a) Transfers out -$ -$ -$ -$ -$ Ending Fund Balance 3,489,660$ 3,575,892$ 3,547,149$ 3,155,924$ 3,110,103$ (a) FY23-24 Expenditure Details: PROPERTY TAX 4,666$ RICHARDS WATSON CVHC LGL SERVICE 1,238$ BEST BEST & KRIEGER LLP 921$ LAWYERS TITLE COMPANY 194,400$ 45653 PORTOLA ABATEMENT & DEMO 76,367$ Total : 277,592$ Transfers or Loans: There have been no interfund transfers or loans made from the fund for this reporting period. Refunds: There have been no refunds made during this reporting period. Part II – Compliance with expending funds within 5 years Five Year Revenue Test Using First In First Out 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 Current 385,617$ 93,322$ (22,498)$ 173,109$ 200,771$ Prior Year (2-Yrs Old) 196,258$ 385,617$ 93,322$ (22,498)$ 173,109$ Prior Year (3-Yrs Old) 65,574$ 196,258$ 385,617$ 93,322$ (22,498)$ Prior Year (4-Yrs Old) 258,212$ 65,574$ 196,258$ 385,617$ 93,322$ Prior Year (5-Yrs Old) 273,417$ 258,212$ 65,574$ 196,258$ 385,617$ Greater Than 5 Prior FY 1,512,378$ 1,778,705$ 1,987,870$ 1,450,642$ 1,369,308$ Ending Balance 2,691,457$ 2,777,689$ 2,706,143$ 2,276,451$ 2,199,630$ Exclude Loan Proceeds 716,699$ 716,699$ 746,699$ 776,699$ 806,699$ (1) Exclude Interest on Loan 81,505$ 81,505$ 94,307$ 102,774$ 103,774$ (1) Exclude HCD grant -$ -$ -$ Ending Balance 3,489,660$ 3,575,892$ 3,547,149$ 3,155,924$ 3,110,103$ Public Improvements to be Constructed: FY 2024-2025 Budgeted Expenditure Future Years Commitments Total Commitments % Funded with Dev. Fee Funding Available Date Sands Apartments 200,000$ -$ 200,000$ 100% July 2024 ARC Village Development (1.84 Acre Affordable Dev) 600,000$ -$ 600,000$ 100% July 2024 45653 Portola (2-Single Family Homes Afford. Dev) 600,000$ -$ 600,000$ 100% July 2024 Portola Palms MH Park (2-Single Family Homes Afford. De 550,000$ -$ 550,000$ 100% July 2024 170 Acre Affordable Dev -$ 600,000$ 600,000$ 100% July 2025 Homebuyer Subsidies (Begin Prog.)500,000$ 636,540$ 886,040$ 100% July 2024 2,450,000$ 1,236,540$ 3,436,040$ (1) Loan proceeds and interest from loans are program funds and are used to fund Homebuyer subsidies for programs meeting the requirements. Affordable Housing Projects The Housing Mitigation Fee is used to mitigate the low-income housing impacts caused by commercial and industrial development. The fee is used to help construct or provide low-income housing assistance to employees, working within the juridictional boundaries of the city, with affordable housing. The fee is based on: $1/sq. ft. – Commercial; $0.33/sq. ft. – Industrial; $0.40/sq. ft. – Professional; $1,000/room – Resort Hotel; $620/Room Non-Resort. The City's Five Year Capital Improvement Program Budget is attached as a reference to future projects using existing cash balances for FY 2024-2025 through 2028-2029 566 Section A– Housing Mitigation Fee (Fund 214) - continued Five Year Findings Purpose of the Fee: The Relationship Between the Fee and Purpose: Sources, Amounts, and Dates of Funding Anticipated to Complete Financing: For the FY 2024-25 fiscal year, the city has budgeted for contributions from the Housing Mitigation Fund to fund multiple affordable housing projects. Included in these projects are the Sands Apartments, the ARC Village Development, homes at 45653 Portola, the Portola Palms Mobile Home Park, and a collection of subsidies provided through the BEGIN program. Additionally, in future years, the city intends to utilize these funds in a contribution to a 170-acre affordable housing development. This fee is being collected for the purpose of subsidizing housing costs as part of the City's program to provide affordable housing for low and very low income households that have at least one employee working within the jurisdictional boundaries of the City. Non-residential development within the City boundaries creates employment opportunities. The jobs created also create the need for additional residential development to locally house the employees that will fill these roles. Affordable housing is a known issue throughout the nation and the State of California. Therefore, new non-residential development pays a housing mitigation fee to help provide affordable housing to eligible low income families. 567 Section B – Child Care Facility Fee (Fund 228) Brief description of the type of fee in the fund: Part 1 – Fund Balance, Revenue, Interest, Expenditures, Ending Balance 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 Beginning Balance 1,396,599$ 1,479,283$ 1,549,239$ 673,863$ 769,068$ Developer Fees 50,309$ 66,213$ 32,945$ 71,412$ 54,200$ Interest Income 27,992$ 10,992$ 6,823$ 19,416$ 37,307$ Gain (Loss) on Fair Value-GASB 31 4,384$ (7,249)$ (15,143)$ 4,377$ 6,347$ 82,685$ 69,956$ 24,624$ 95,204$ 97,854$ Expenditures -$ -$ (900,000)$ -$ -$ Transfers out -$ -$ -$ -$ -$ Ending Fund Balance 1,479,283$ 1,549,239$ 673,863$ 769,068$ 866,922$ Transfers or Loans: There have been no interfund transfers or loans made from the fund for this reporting period. Refunds: There have been no refunds made during this reporting period. Part II – Compliance with expending funds within 5 years Five Year Revenue Test Using First In First Out 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 Current 82,685$ 69,956$ 24,624$ 95,204$ 97,854$ Prior Year (2-Yrs Old) 63,771$ 82,685$ 69,956$ 24,624$ 95,204$ Prior Year (3-Yrs Old) 59,452$ 63,771$ 82,685$ 69,956$ 24,624$ Prior Year (4-Yrs Old) 76,387$ 59,452$ 63,771$ 82,685$ 69,956$ Prior Year (5-Yrs Old) 175,924$ 76,387$ 59,452$ 63,771$ 82,685$ Greater Than 5 Prior FY 1,021,065$ 1,196,989$ 373,376$ 432,828$ 496,599$ Ending Balance 1,479,283$ 1,549,239$ 673,863$ 769,068$ 866,922$ Public Improvements to be Constructed: Future Years Commitments Total Commitments % Funded with Dev. Fee Funding Available Date Wallaroo Childcare Center 866,922$ 1,000,000$ 100% July 2024 866,922$ 1,000,000$ Five Year Findings Purpose of the Fee: The Relationship Between the Fee and Purpose: The City's Five Year Capital Improvement Program Budget is attached as a reference to future projects using existing cash balances for FY 2024-2025 through 2028-2029 The Child Care Facility Fee provides new and increased child care facilities and centers in order to mitigate the increased demand for child care caused by non-residential development in the City. As non-residential development increases and jobs are created, the employees of the non-residential development create an increased need for local child care options in the City. The funds are used to construct new local facilities and equipment related to providing local and safe child care within the City. This fee is being collected for the purpose of funding new child care homes and centers in order to meet growing demand for child care generated by employees and commercial uses within the city. It is envisioned that the City will partner with local child care providers and non-profits to provide funding to increase the supply of child care spaces in the City. Non-residential development within the City boundaries creates employment opportunities. In order to attract and retain highly skilled workers and their families, the City must have a variety of quality and affordable child care options. The quality and affordability of child care is a known issue in the Coachella Valley, as desirable facilities have long wait lists and there are no corporate child care centers in the entire Coachella Valley. Therefore, new non-residential development pays a child care impact fee to help support the City's effort to provide local providers and non-profits with funds to help increase the supply of child care spaces in Palm Desert. 568 Section B – Child Care Facility Fee (Fund 228) - continued Sources, Amounts, and Dates of Funding Anticipated to Complete Financing: The City is retaining developer fees currently held in the Child Care Facility Fund in anticipation of another request for funding by the end of 2025. The City is currently working with developers to rehabilitate the site previously known as the Wallaroo Childcare Center, and intends to utilize these funds for the project. 569 Section C – New Construction Fee (Fund 231) Brief description of the type of fee in the fund: Part 1 – Fund Balance, Revenue, Interest, Expenditures, Ending Balance 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 Beginning Balance 1,342,716$ 1,530,265$ 1,078,653$ 1,452,348$ 1,578,845$ Developer Fees 163,899$ 121,565$ 326,092$ 518,442$ 265,447$ Interest Income 28,575$ 5,444$ 2,094$ 43,369$ 81,048$ Gain (Loss) on Fair Value-GASB 31 5,099$ -$ (35,864)$ 9,116$ 14,199$ 197,573$ 127,009$ 292,321$ 570,927$ 360,694$ CVAG-Reimbursed CV Link Project 12,083$ 5,141,123$ 1,681,840$ -$ -$ Expenditures (22,107)$ (5,719,744)$ (1,600,466)$ (444,430)$ (5,911)$ (a) Write-off Advance to RDA -$ -$ -$ -$ -$ Ending Fund Balance 1,530,265$ 1,078,653$ 1,452,348$ 1,578,845$ 1,933,628$ Exclude Advance to RDA write-off: (130,800)$ (130,800)$ (130,800)$ -$ -$ Ending Balance of available Revenue:1,399,465$ 947,853$ 1,321,548$ 1,578,845$ 1,933,628$ (a) FY23-24 Expenditure Details: AMOUNT AMERICAN ASPHALT - CV LINK IMPROVEMENTS 5,911$ Total : 5,911$ Transfers or Loans: There have been no interfund transfers or loans made from the fund for this reporting period. Refunds: There have been no refunds made during this reporting period. Part II – Compliance with expending funds within 5 years Five Year Revenue Test Using First In First Out 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 Current 197,573$ (4,193,270)$ (360,292)$ 570,927$ 360,694$ (1) Prior Year (2-Yrs Old) 209,396$ -$ -$ 292,321$ 570,927$ Prior Year (3-Yrs Old) 170,421$ -$ -$ 127,009$ 292,321$ Prior Year (4-Yrs Old) 204,788$ -$ -$ 197,573$ 127,009$ Prior Year (5-Yrs Old) 228,499$ -$ -$ 209,396$ 197,573$ Greater Than 5 Prior FY 376,706$ -$ -$ 181,619$ 385,104$ Ending Balance 1,387,383$ (4,193,270)$ (360,292)$ 1,578,845$ 1,933,628$ CVAG- Reimburse CV Link 12,083$ 5,141,123$ 1,681,840$ -$ -$ Tie to ending balance on Fund Balance 1,399,465$ 947,853$ 1,321,548$ 1,578,845$ 1,933,628$ Note: Not include interest on Advance The New Construction Fee is used for acquisition and development of public facilities like public structures, and street improvements. Annually, the City Council approves a five-year Capital Improvement Program budget that reflects current projects along with future committed projects utilizing these fees. The fee is based on: Industrial Buildings $0.05/sq. ft.; Residential units $0.40/sq. ft.; all other development $0.40/sq. ft. (1) CVAG reimburses 100% of the CV Link project cost, excluding project design. The negative amount shown in FY 20-21 and FY21-22 is before the CVAG reimbursement received. 570 Section C – New Construction Fee (Fund 231) - continued Public Improvements to be Constructed: Future Years Commitments Total Commitments % Funded with Dev. Fee Funding Available Date Cooperative Agreement 3,500,000$ 3,500,000$ 55% July 2024 CVAG to reimburse 100% of cost 3,500,000$ 3,500,000$ Five Year Findings Purpose of the Fee: The Relationship Between the Fee and Purpose: Sources, Amounts, and Dates of Funding Anticipated to Complete Financing: Funds in the New Construction Tax Fund are expected to be fully expended through the completion of the CV Link Hovley Connectors by the end of FY 2026-27. CV Link Hovley Connectors and CV Link enhancements also tie into the project known as "PD Link," which is designed to connect the CV Link with restaurants and attractions specific to the City of Palm Desert. The City's Five Year Capital Improvement Program Budget is attached as a reference to future projects using existing cash balances for FY 2024-2025 through 2028-2029 This fee is being collected for the acquisition and development of public facilities like playgrounds, public structures, and street improvements. New construction in the City creates a need for additional public facilities, structures, and street improvements. When new construction occurs, a new construction fee is paid to provide the city with funding to accommodate the addition of more homes and residents through more public facilities and streets. CV Link Hovley Connectors 571 Section D – Drainage Facility Fee (Fund 232) Brief description of the type of fee in the fund: Part 1 – Fund Balance, Revenue, Interest, Expenditures, Ending Balance 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 Beginning Balance 1,617,655$ 664,009$ 707,674$ 740,536$ 897,347$ Developer Fees 18,020$ 61,455$ 43,295$ 132,022$ 54,470$ Interest 22,881$ 5,247$ 3,800$ 22,836$ 40,473$ Gain (Loss) on Fair Value-GASB 31 (2,466)$ (3,563)$ (14,233)$ 4,352$ 7,499$ 38,435$ 63,139$ 32,862$ 159,211$ 102,442$ Reimbursed from CVAG -$ -$ -$ -$ -$ Reimbursed from RDA -$ -$ -$ -$ -$ Expenditures (992,081)$ (19,474)$ -$ (2,400)$ (147,724)$ (a) Transfers out -$ -$ -$ -$ -$ Ending Fund Balance 664,009$ 707,674$ 740,536$ 897,347$ 852,065$ (a) FY23-24 Expenditure Details: AMOUNT ANSER ADVISORY 53,790$ TERRA NOVA PLANNING & RESEARCH 999$ STORM WATER APPLICATION 1,097$ HR GREEN 65,067$ EARTH SYSTEMS 8,720$ MICHAEL BAKER INT 18,051$ Total : 147,724$ Transfers or Loans: There have been no interfund transfers or loans made from the fund for this reporting period. Refunds: There have been no refunds made during this reporting period. Part II – Compliance with expending funds within 5 years Five Year Revenue Test Using First In First Out 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 Current 38,435$ 63,139$ 32,862$ 159,211$ 102,442$ Prior Year (2-Yrs Old) 83,460$ 38,435$ 63,139$ 32,862$ 159,211$ Prior Year (3-Yrs Old) 29,182$ 83,460$ 38,435$ 63,139$ 32,862$ Prior Year (4-Yrs Old) 48,726$ 29,182$ 83,460$ 38,435$ 63,139$ Prior Year (5-Yrs Old) 155,837$ 48,726$ 29,182$ 83,460$ 38,435$ Greater Than 5 Prior FY 102,898$ 239,262$ 287,988$ 314,770$ 250,507$ Ending Balance 458,539$ 502,204$ 535,066$ 691,876$ 646,595$ Exclude Reimbursement: Reimbursed from CVAG 105,235$ 105,235$ 105,235$ -$ 105,235$ Reimbursed from RDA 100,235$ 100,235$ 100,235$ -$ 100,235$ Tie to ending balance on Fund Balance 664,009$ 707,674$ 740,536$ 691,876$ 852,065$ The Drainage Facility Fee is used for the drainage needs created by the development and adjoining streets to a project. The City has adopted a master drainage plan which gets modified as new development occurs. In addition, the City's Capital Improvement Program budget includes both current and future projects planned for use of the fees connected to the various development projects. Fees are based on which drainage map zone they reside within: Zone 1 fee is $4,000 per acre; Zone 2 is $1,500; Zone 3 is $1,000; Zone 4 is $1,000. The map is available in the Public Works Department upon request. 572 Public Improvements to be Constructed: Future Years Commitments Total Commitments % Funded with Dev. Fee Funding Available Date -$ 2,559$ 23% July 2024 849,506$ 849,506$ 39% July 2025 849,506$ 852,065$ Section 29 and Gerald Ford Drive Regional Detention Basin The City's Five Year Capital Improvement Program Budget is attached as a reference to future projects using existing cash balances for FY 2024-2025 through 2028-2029 North Sphere Retention Basin 573 Section D – Drainage Facility Fee (Fund 232) - continued Five Year Findings Purpose of the Fee: The Relationship Between the Fee and Purpose: Sources, Amounts, and Dates of Funding Anticipated to Complete Financing: Project Funding Sources Funding % Section 29 & Gerald Ford Regional Detention Basin Drainage Fees 100% North Sphere Detention Basin Drainage Fees 100% July 2025 This fee is being collected for the purpose of ensuring developments within the city are properly connected to drainage and in compliance with the City's drainage master plan. The cost of drainage installation projects requires fund balances to be accumulated prior to implementing the capital budget and must also be timed with other improvements occurring around these capital projects. To protect homes and businesses from potential flooding, the City has established a master drainage plan that is updated for new development. Additional non-residential development within the City boundaries creates employment opportunities, which in turn creates a need for additional housing and businesses in the City. When new homes or businesses are created, the City must adjust its master drainage plan and add in new areas that may not have been a drainage concern in the past. Therefore, new non-residential development pays a drainage facility fee to support the additional drainage needs caused by added employment, housing and business. Expected Funding July 2024 574 Section E– Park & Recreation Fee (Fund 233) Brief description of the type of fee in the fund: Part 1 – Fund Balance, Revenue, Interest, Expenditures, Ending Balance 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 Beginning Balance 1,662,454$ 1,588,447$ 1,599,065$ 1,708,631$ 1,630,268$ Developer Fees 4,453$ 10,443$ 133,411$ 70,597$ 427,547$ Refund Developer Fees -$ -$ -$ -$ Interest 32,590$ 11,526$ 8,620$ 48,195$ 76,130$ Gain (Loss) on Fair Value-GASB 31 4,058$ (8,102)$ (32,465)$ 11,599$ 15,917$ 41,101$ 13,867$ 109,566$ 130,391$ 519,594$ Expenditures (115,108)$ (3,249)$ -$ (208,754)$ (360,272)$ (a) Transfers out -$ -$ -$ -$ -$ Ending Fund Balance 1,588,447$ 1,599,065$ 1,708,631$ 1,630,268$ 1,789,591$ Exclude Insurance reimb: Insurance reimb. playground (33,570)$ (33,570)$ (33,570)$ (33,570)$ (33,570)$ Reimburse playground equipment (164,713)$ (164,713)$ (164,713)$ (164,713)$ (164,713)$ Insurance reimb. damage (159,113)$ (159,113)$ (159,113)$ (159,113)$ (159,113)$ SARDA reimb shade structure (15,896)$ (15,896)$ (15,896)$ (15,896)$ (15,896)$ Ending Balance 1,215,155$ 1,225,773$ 1,335,339$ 1,256,976$ 1,416,299$ (a) FY23-24 Expenditure Details: AMOUNT INTERWEST CONSULTING 360,272$ Total : 360,272$ Transfers or Loans: There have been no interfund transfers or loans made from the fund for this reporting period. Refunds: There have been no refunds made during this reporting period. Part II – Compliance with expending funds within 5 years Five Year Revenue Test Using First In First Out 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 Current 41,101$ 13,867$ 109,566$ 130,391$ 519,594$ Prior Year (2-Yrs Old) 291,909$ 41,101$ 13,867$ 109,566$ 130,391$ Prior Year (3-Yrs Old) 34,936$ 291,909$ 41,101$ 13,867$ 109,566$ Prior Year (4-Yrs Old) 322,198$ 34,936$ 291,909$ 41,101$ 13,867$ Prior Year (5-Yrs Old) 309,926$ 322,198$ 34,936$ 291,909$ 41,101$ Greater Than 5 Prior FY 215,084$ 521,761$ 843,959$ 670,141$ 601,779$ Ending Balance 1,215,155$ 1,225,773$ 1,335,339$ 1,256,975$ 1,416,299$ Public Improvements to be Constructed: FY 2022-23 Carryover Projects Future Years Commitments Total Commitments % Funded with Dev. Fee Funding Available Date North Sphere Community Park 358,043 358,043 4% July 2025 North Sphere Regional Sports Park 1,058,255 1,058,255 4% April 2026 1,416,298$ 1,416,298$ The fee is used to acquire land, construct parks, recreational areas, open space, and other public facilities for the city residents. Annually, the City Council adopts a Capital Improvement Program Budget detailing the current and future projects necessary for use of the fee. The fee is charged to residential properties based on the following formula: Number of units x 2.292 (people per household) x 5 acres divided by 1,000 population x land market value per acre. The City's Five Year Capital Improvement Program Budget is attached as a reference to future projects using existing cash balances for FY 2024-2025 through 2028-2029 575 Section E– Park & Recreation Fee (Fund 233) - continued Five Year Findings Purpose of the Fee: The Relationship Between the Fee and Purpose: Sources, Amounts, and Dates of Funding Anticipated to Complete Financing: When new development occurs within the City boundaries, there becomes a need to support new homes and residents with additional park and recreational activities. Therefore, new residential developments must pay a Park & Recreation Fee, which may be used to create new areas for playgrounds, playfields, gardens, pedestrian or bicycle paths or areas of particular natural beauty, including canyons, hilltops and wooded areas to be developed in their natural state. Funding sources for the North Sphere Community Park and the North Sphere Regional Sports Park are still being researched and determined while both parks are in the design phase. The current 5-year CIP anticipates the Community Park will cost approximately $10,150,000 and the Regional Park will cost approximately $30,000,000. The City expects to fully expend the accumulation of Park & Recreation Fees to supplement the completion of these parks. This fee is being collected for the purpose of developing new parks or recreational facilities to serve the community. With the expansion of the North Sphere of the city over the last five years, funds are being accumulated to help support the building of both a North Palm Desert Community Park and a Regional Sports Park. 576 Section F – Traffic Signalization Fee (Fund 234) Brief description of the type of fee in the fund: Part 1 – Fund Balance, Revenue, Interest, Expenditures, Ending Balance 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 Beginning Balance $ 496,178 $ 417,052 $ 436,491 $ 438,750 $ 525,534 Developer Fees 29,677$ 18,467$ 8,400$ 70,931$ 50,640$ Interest Income 9,682$ 3,062$ 2,259$ 13,140$ 25,751$ Gain (Loss) on Fair Value-GASB 31 765$ (2,090)$ (8,400)$ 2,713$ 4,291$ 40,124$ 19,439$ 2,259$ 86,784$ 80,682$ Expenditures (119,250)$ -$ -$ -$ -$ Transfers out -$ -$ -$ -$ -$ Ending Fund Balance 417,052$ 436,491$ 438,750$ 525,534$ 606,216$ Transfers or Loans: There have been no interfund transfers or loans made from the fund for this reporting period. Refunds: There have been no refunds made during this reporting period. Part II – Compliance with expending funds within 5 years Five Year Revenue Test Using First In First Out 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 Current 40,124$ 19,439$ 2,259$ 86,784$ 80,682$ Prior Year (2-Yrs Old) 103,775$ 40,124$ 19,439$ 2,259$ 86,784$ Prior Year (3-Yrs Old) 21,424$ 103,775$ 40,124$ 19,439$ 2,259$ Prior Year (4-Yrs Old) 38,654$ 21,424$ 103,775$ 40,124$ 19,439$ Prior Year (5-Yrs Old) 103,710$ 38,654$ 21,424$ 103,775$ 40,124$ Greater Than 5 Prior FY 109,365$ 213,075$ 251,729$ 273,153$ 376,928$ Ending Balance 417,052$ 436,491$ 438,750$ 525,534$ 606,216$ Public Improvements to be Constructed: Future Years Commitments Total Commitments % Funded with Dev. Fee Funding Available Date -$ 460,075$ 31% July 2024 500,000$ 500,000$ 29% July 2025 500,000$ 960,075$ Market Place Drive and Cook Street Signal The fee is used for acquisition and development of the regional traffic signals within the City created by increased traffic load added by the development. Yearly, the City Council adopts a five-year Capital Improvement Plan detailing the current and future projects necessary for use of the fee. The fee is charged based on the type of building constructed, which is: Residential $ 50 per unit; Commercial $500 per 1,000 sq. ft.; Industrial $500 per acre. The City's Five Year Capital Improvement Program Budget is attached as a reference to future projects using existing cash balances for FY 2024-2025 through 2028-2029 Traffic Signals Cabinet Upgrades 577 Section F – Traffic Signalization Fee (Fund 234) - continued Five Year Findings Purpose of the Fee: The Relationship Between the Fee and Purpose: Sources, Amounts, and Dates of Funding Anticipated to Complete Financing: Project Funding Sources Funding % Market Place Drive and Cook Street Signal Traffic Signal Fees 31% Measure A 69% Traffic Signal Fees 29% Measure A 71% Traffic Signals Cabinet Upgrades July 2025 July 2024 As development in the city expands, more people drive on City streets, which can lead to traffic congestion or necessitate changes in traffic signaling and patterns. As a result, developers are required to pay a traffic signalization fee. This fee is used to add new traffic signals or intersection projects to accomodate the increased traffic flow caused by development. This fee is being collected for the purpose of the construction or reimbursement of intersection of signalization projects within the City. Funds have accumulated in this fund over the last five years in order to pay for projects of significant cost. The process for addition of a new traffic signal at Market Place Drive and Cook Street began in May 2023 and is expected to expend the majority of accumulated fund balance during FY 2024-25. Expected Funding 578 Section G – Fire Facility Fee (235) Brief description of the type of fee in the fund: Part 1 – Fund Balance, Revenue, Interest, Expenditures, Ending Balance 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 Beginning Balance 1,153,479$ 1,212,787$ 1,261,388$ 1,368,086$ 1,580,701$ Developer Fees 32,713$ 45,624$ 125,925$ 297,648$ 166,938$ Interest Income 23,043$ 8,943$ 6,708$ 40,590$ 73,534$ Gain (Loss) on Fair Value-GASB 31 3,552$ (5,966)$ (25,936)$ 8,599$ 13,313$ 59,308$ 48,601$ 106,698$ 346,837$ 253,785$ Expenditures -$ -$ -$ (134,222)$ (622,933)$ (a) Transfers out -$ -$ -$ -$ -$ Ending Fund Balance 1,212,787$ 1,261,388$ 1,368,086$ 1,580,701$ 1,211,552$ (a) FY23-24 Expenditure Details: AMOUNT PBK ARCHITECTS 358,501$ ANSER ADVISORY 16,810$ FRAZER LTD 75,694$ COPD 5,276$ ERSC 166,652$ Total : 622,933$ Transfers or Loans: There have been no interfund transfers or loans made from the fund for this reporting period. Refunds: There have been no refunds made during this reporting period. Part II – Compliance with expending funds within 5 years Five Year Revenue Test Using First In First Out 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 Current 59,308$ 48,601$ 106,698$ 346,837$ 253,785$ Prior Year (2-Yrs Old) 45,308$ 59,308$ 48,601$ 106,698$ 346,837$ Prior Year (3-Yrs Old) 35,084$ 45,308$ 59,308$ 48,601$ 106,698$ Prior Year (4-Yrs Old) 41,063$ 35,084$ 45,308$ 59,308$ 48,601$ Prior Year (5-Yrs Old) 53,168$ 41,063$ 35,084$ 45,308$ 59,308$ Greater Than 5 Prior FY 978,856$ 1,032,023$ 1,073,086$ 973,948$ 396,324$ Ending Balance 1,212,787$ 1,261,388$ 1,368,086$ 1,580,700$ 1,211,552$ Public Improvements to be Constructed: Future Years Commitments Total Commitments % Funded with Dev. Fee Funding Available Date North Sphere Fire Station -$ 663,629$ 7% Late 2026 Five Year Findings Purpose of the Fee: Through impact fees for a new Fire Station and equipment, in order to meet some of the new commercial and residential development in the northern half of the City. The fee is calculated as follows: Commercial development rate is $0.22 per square foot, industrial/office rate is $0.20 per square foot, and residential development would be based on a $2,262 per acre depending on density of units built or $709 per single residence. Annually, the City will adopt a budget to use these funds to create new facilities and equipment. This fee is being collected for the development of a new Fire Station and equipment in order to meet some of the new commercial and residential development in the North Sphere of the City. The North Sphere Fire Station is currently going through the study and design phase through March 2024, and is expected to go into construction in late 2026. The City's Five Year Capital Improvement Program Budget is attached as a reference to future projects using existing cash balances for FY 2024-2025 through 2028-2029 579 The Relationship Between the Fee and Purpose: Section G – Fire Facility Fee (235) - continued Sources, Amounts, and Dates of Funding Anticipated to Complete Financing: Funding sources for the North Sphere Fire Station are still being explored while the project is in the study and design phase. It is expected that the existing accumulation of developer fees will be fully utilized upon station construction, along with other funding sources that have yet to be determined. The total cost of the fire station is currently approximately $18.6 million. Residential and commercial development in the Northern Sphere of the city has necessitated the addition of a new fire station to support emergency response for the City. When additional development expands the population of an area or changes the distribution of the population, emergency responders must cover a wider variety of territory and responses. The addition of a new fire station allows for fast response times and adequate emergency coverage in all areas of the City. 580 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 12, 2024 PREPARED BY: Nick Melloni, AICP, Principal Planner SUBJECT: AUTHORIZE AN AMENDMENT TO CONTRACT NO. C46680 WITH INTERWEST CONSULTING GROUP, INC., INCREASING THE CONTRACT BY $45,090 AND EXTENDING THE CONTRACT TERM THROUGH DECEMBER 31, 2025 RECOMMENDATION: 1. Authorize an amendment to Contract No. C46680 with Interwest Consulting Group, Inc., increasing the contract amount by $45,090 for additional community outreach meetings and analysis, bringing the total not-to-exceed amount to $309,970, and extending the contract term through December 31, 2025. 2. Authorize the City Attorney to make any necessary non-monetary changes to the agreement. 3. Authorize the City Manager or designee to execute the amendment and to review and approve written contract amendment requests pursuant to Section 3.30.170 of the Palm Desert Municipal Code. BACKGROUND/ANALYSIS: The Palm Desert University Neighborhood Specific Plan (“UNSP”) was adopted in November 2016 and established comprehensive standards for land use planning and zoning for approximately 400 acres adjacent to the university campuses. Approximately 170 acres (of the 400 acres) remain with no entitlements and are owned by the Successor Agency to the Palm Desert Redevelopment Agency (SARDA). On November 16, 2023, the City Council awarded Contract No. C46680 to Interwest Consulting Group in the amount of $264,880 to update the Palm Desert UNSP and facilitate the planning and development concepts of the remaining 170 acres to implement the City’s goals (a regional park, community facilities, and residential and commercial uses including a minimum of 220 affordable housing units per the 6th cycle of the Housing Element). The original term of the contract is set to expire on December 31st, 2024. In early 2024, the consultant prepared two (2) draft land uses concepts showing alternative placements of a regional sports park, as well as residential and commercial land uses to present to the community for feedback. During the community outreach conducted for the Palm Desert UNSP Amendment in March 2024, the California State University (CSU) San Bernardino learned of the City’s intention to develop a regional sports park and approached the City to explore options of locating a joint-use public regional sports park within vacant areas of the CSU San Bernardino Palm Desert Campus, which is generally located east of Cook Street outside of the boundaries of the UNSP. This discussion was unexpected in the timeline of the original UNSP update and required an extended project timeline while staff entertained discussions for a regional sports park site on the CSU San Bernardino Palm Desert campus area. 581 City of Palm Desert Contract No. C46680 Amendment No. 1 – Palm Desert UNSP Amendment Page 2 of 2 The amendment to the contract includes additional community meetings to consider potential modifications to the preferred land use plan which may occur because of City discussions with the CSU Campus and study sessions with the City Council within the project scope of work to evaluate the preferred land use plan for the 170 -acre site within the UNSP. The proposed amended scope of work will require a 17% increase of $45,090 above the original contract amount. Staff requests for approval of Amendment No. 1 of the contract to extend the contract term to December 31st, 2025, in order to complete the remaining and added tasks to update the UNSP which will include: 1. Identification of a preferred land use for the vacant 170 -acres including a 30-to-40 regional park, or a reduced size park, pending future City Council direction on an alternative park site at the CSU San Bernardino Palm Desert site, and community input. 2. Study Sessions with the City Council. 3. Environmental analysis for the UNSP amendment 4. Adoption of the UNSP Amendment and environmental analysis. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: The proposed amendment will require an increase of $45,090 budgeted for the project. Funds are available in Community Development Professional Services Account No. 1104470-4300500. Description Account Amount C46880 – Interwest Consulting Group UNSP 1104470-4300500 264,880 C46880 - Amendment No. 1 11044704300500 45,090 Total Contract Amount 309,970 ATTACHMENTS: 1. Proposed Amendment No. 1 for Contract No. C46680. 2. Original Executed Contract No. C46680 582 Contract No. C46680 CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 16th day of November, 2023, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, County of Riverside, State of California (“City”) and INTERWEST CONSULTING GROUP, INC, a CORPORATION, with its principal place of business at 1500 S Haven Ave, Suite 220 Ontario, CA 91761 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Project. The City is a public agency of the State of California and is in need of professional services for the following project: Professional Planning Services for Updating the University Neighborhood Specific Plan UNSP), Project 2023-RFP-203 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 16, 2023, to DECEMBER 31, 2024, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 583 Contract No. C46680 Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their 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: RICHARD SMEATON, AICP, PRINCIPAL-IN-CHARGE and NICK PERGAKES, AICP, PROJECT MANAGER. 3.2.5 City's Representative. The City hereby designates RICHARD CANNONE, DEVELOPMENT SERVICES DIRECTOR, or his 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 RICHARD SMEATON, AICP, PRINCIPAL-IN-CHARGE and NICK PERGAKES, AICP, PROJECT MANAGER, or his 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 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 584 Contract No. C46680 standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant 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 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 585 Contract No. C46680 shall be grounds for the City to terminate the Agreement for cause. 3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO insured contract” language will not be accepted. B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. C) Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 586 Contract No. C46680 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 following termination of the Agreement. 3.2.11.2 Other Provisions or Requirements. A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required 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. DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 587 Contract No. C46680 C) Primary/Non-Contributing. Except with respect to Workers’ Compensation coverage, 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. DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 588 Contract No. C46680 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. 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 589 Contract No. C46680 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies of this Section. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed TWO HUNDRED SIXTY-FOUR THOUSAND EIGHT HUNDRED EIGHTY DOLLARS 264,880) without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 590 Contract No. C46680 sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 591 Contract No. C46680 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: Interwest Consulting Group, Inc, 1500 S Haven Ave, Suite 220 Ontario, CA 91761 ATTN: Richard Smeaton, AICP, Principal-In-Charge City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Richard D. Cannone, AICP, Development Services Director Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 592 Contract No. C46680 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. For the avoidance of doubt, nothing in this Agreement shall be understood to grant City ownership of pre-existing intellectual property of Consultant, including Consultant software and licensed software, or to any improvements thereto. 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. Consultant shall have no liability arising from the use of any Documents & Data for any purpose or on any project other than that for which it was produced. 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 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 593 Contract No. C46680 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 and selected from Consultant's insurance carrier's panel counsel), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all third party 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, to the extent arising out of, pertaining to, or incident to any negligent 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 or active 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. Notwithstanding any provision of law to the contrary, Consultant shall have the right to control the defense and settlement of any action for which indemnification is sought, provided that it shall not enter into any settlement that requires an admission of wrongdoing by any indemnitee without that indemnitee’s approval. Consultant’s obligations under this Agreement are contingent upon timely receipt of notice of the claim for which indemnification is sought, such that defense of the claim is not prejudiced, and the reasonable assistance of the indemnitee in connection with the defense of the claim. 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 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 594 Contract No. C46680 limited to claims to the extent that they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon agreement of parties or 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 shall not be unreasonably delayed or withheld.. 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 work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 595 Contract No. C46680 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] DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 596 Contract No. C46680 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND INTERWEST CONSULTING GROUP, INC. IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF PALM DESERT By: L. TODD HILEMAN CITY MANAGER ATTEST: By: ANTHONY J. MEJIA CITY CLERK APPROVED AS TO FORM: By: BEST BEST & KRIEGER LLP CITY ATTORNEY INTERWEST CONSULTING GROUP, INC. By:______________________________________ PAUL MESCHINO PRESIDENT By:______________________________________ DAVID KNIFF ASSISTANT SECRETARY MN DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 597 Contract No. C46680 Exhibit “A” EXHIBIT "A" SCOPE OF SERVICES Project Objectives This planning effort will focus on evaluating existing and potential land uses; analyzing circulation and infrastructure conditions; and developing land use regulations, implementation strategies and objective design guidelines to encourage appropriately scaled development within the project area. The primary objectives to be achieved through the UNSP update are: Consistency with General Plan Land Use and Circulation Element or consider making the Specific Plan the effective land use document over the project area. Engage and inform the public and existing Plan area residents about transit-oriented design concepts, potential updated development standards and the UNSP update process generally through a comprehensive community involvement strategy. This strategy shall gather significant resident input from a variety of Palm Desert residents and incorporate this input into the UNSP Update policies and design guidelines. Revise the land use plan and policy framework to transition from significant commercial use requirements to increased housing density and development, while also allowing other neighborhood supportive uses such as retail and office mixed-use throughout the Plan area. Improvement of motorized, non-motorized, and transit connectivity between the Plan Area, and existing and future commercial and residential areas (and circulation infrastructure) in and adjacent to Palm Desert city boundaries (as feasible). Development and implementation of objective urban design standards which promote walkable and livable environments, compatible with the surrounding and existing development within the Plan area. Develop subdivision standards that promote walkable environments and incorporate policies of the General Plan. Prepare any necessary addenda or supplements to complete the CEQA impact analysis, building on the adopted Environmental Impact Report, as appropriate. GENERAL The consultant shall prepare amendments to the UNSP in accordance with Government Code Section 65450 et. seq. The proposal should address all studies, activities, and disciplines necessary to complete the amendment. Consultant responsibilities are those listed below which are not exhaustive. The City encourages innovation in concept, design and implementation. It is not intended that the plan include construction level engineering and design; however, the work must be of adequate detail to evaluate needs, capacity, and cost. Assemble and review existing information and data. Develop new information and data to support the update. Present background information and data, either within the plan document, or as a separate compendium. The consultant’s recommendation on the most effective approach is requested. All information should be made available in electronic format suitable for display on the City’s web site. Prepare all text, illustrations and maps contained in the Amendment. Provide administrative draft(s) for internal City review, a screen check draft, a public review draft, and final documents reflecting all modifications directed by the City. Provide documents in sufficient quantity for review by City officials, property owners and for public DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 598 Contract No. C46680 Exhibit “A” circulation, and provide all materials in an electronic format suitable for publication on the City’s website. TASK 1: PROJECT KICK-OFF The consultant(s) and City staff will meet to review and finalize the work scope and project schedule. The meeting will include a discussion of project goals, opportunities and constraints, provision of relevant background information and documents for the existing conditions analysis, arrangement of informational meetings with relevant city staff members, development of the community engagement strategy, and project management. Deliverables: 1.1: Project kick-off meeting with City staff 1.2: Memorandum summarizing the meeting (Word and PDF format) TASK 2: COMMUNITY ENGAGEMENT STRATEGY AND OUTREACH The City is seeking to engage community participation in the UNSP update process. City staff and the consultant(s) will develop a community engagement strategy that will focus on outreach to, and inclusion of key stakeholders including residents, business owners, and property owners. The strategy must include various forms of engagement to increase levels of community participation. One open house/community workshop must be held as part of this Task. The purpose of the meetings is to understand the community’s vision, with a focus on new residential communities in the UNSP area, recognize attitudes surrounding what land uses and development intensity should be included in the plan, and to solicit input on opportunities, constraints, and potential changes for the area. The consultant will be responsible for utilizing tools and developing a process to understand community preferences within the project area. Use of photo simulations and development prototypes to help identify preferences should be employed, as well as community asset mapping, allowing the community to identify concepts for improving/transforming the area. The community input will assist in guiding the development of the two land use alternatives. The consultant will lead these meetings, present plan area existing conditions and opportunities, and receive feedback from community members regarding information presented. Webpage The consultant will develop content and provide background and meeting information, reports and maps related to the project for a project specific webpage. The project webpage will be part of the City’s website (rather than a separate, outside website linked to the City’s). City staff will post information and keep the site current, with updated content provided by consulting staff. Deliverables: 2.1: Community Engagement Strategy, includes components as described above 2.2: Visualization tools, including renderings and visual simulations (physical and electronic format) DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 599 Contract No. C46680 Exhibit “A” 2.3: Project webpage content and materials 2.4: Community Meeting (including agenda, attendance, meeting materials) 2.5: Summary of Community Meeting 2.6: Potential supplementary meetings with City Staff and relevant stakeholders TASK 3: OPPORTUNITY SITE ANALYSIS AND ALTERNATIVE LAND USE ANALYSIS Following the initial meetings and outreach, the consultant shall develop the land use alternatives. The scenarios should be developed to support bus transit as well as to facilitate pedestrian and bicycle access. Alternatives should promote development of healthy, walkable neighborhoods and enhance opportunities for residents to easily access services and facilities throughout the Plan area and beyond. Changes to development standards or incorporation of form-based code may be considered. The alternatives should consider information prepared through the planning process and from the community outreach. Commercial, office, residential, open space, and mixed-use land uses should be thoughtfully and strategically placed to maximize community connectivity and create a level of synergy between adjacent single-family residential neighborhoods. The alternatives should consider information generated through previous analysis, community outreach, and TAC feedback. Each alternative must address: A mix of housing units that aligns with the City’s RHNA and Housing Element. Distribution and evaluation of proposed new uses, including affordable residential units by type and non-residential square footage by type and a planned regional park. Roadway design alternatives to support the proposed uses and circulation, including sidewalk width, public amenities/furniture, on-street parking and curb management, including placemaking concepts. A transportation analysis shall be prepared for each alternative comparing how each addresses connectivity to services, schools, jobs, and transit. The chosen alternative will include an intersection Level of Service (LOS) and Vehicle Miles Travelled (VMT) analysis for Palm Desert General Plan consistency purposes and impact analysis under CEQA. A report and maps describing and analyzing the alternatives will be prepared to quantify development potential in terms of housing units, non-residential floor area, population, and employment. Projected population and jobs for each alternative shall be included. Presentation of Land Use and Circulation Alternatives: The consultant will present the alternatives to the staff for review, feedback, and possible refinement prior to presentation at a public meeting. At that meeting, the consultant shall utilize interactive techniques to understand participants’ preferences. This may result in a clear preference for one alternative or in a hybrid concept which combines components of each. Based upon input received, the consultant shall develop a preferred land use and circulation alternative which will serve as the basis for the Specific Plan Update. This Plan will be presented to staff, and refinements will be made to the preferred alternative prior to its presentation to the Planning Commission and/or City Council. Input received at this meeting will DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 600 Contract No. C46680 Exhibit “A” be used to refine the alternative and develop the preferred alternative. Deliverables: 3.1: Display graphics illustrating the alternative land use and circulation plans with additional sketches, visual simulations, elevations, and street sections needed to convey each alternative 3.2: Land Use and Circulation Alternatives Report 3.3: Quantified development potential and traffic analysis for preferred alternative (meeting CEQA requirements) 3.4: Community Meeting notice/agenda 3.5: Community Meeting, including attendance and facilitation, and all necessary meeting materials 3.6: Community Meeting summary TASK 4: PREFERRED LAND USE ALTERNATIVE Based on input received at community/committee meetings, as well as input received from other methods of community outreach, the consultant(s), in consultation with City staff, will develop a preferred land use alternative which will serve as a basis for the draft Specific Plan update. The preferred alternative will be presented to staff for review and feedback. The community will also be asked to respond to the preferred plan. Input received will be used to refine the alternative and develop the draft Specific Plan update. Deliverables: 4.1: Preferred land use plan visuals, including sketches and elevations 4.2: Preferred land use plan report, including quantified development potentials 4.3: Planning Commission and Architectural Review Commission Joint Public Workshop, including attendance and facilitation, and all necessary meeting materials 4.4: Meeting 3 summary TASK 5: INFRASTRUCTURE DEVELOPMENT AND SERVICE PLAN Working with the staff, the consultant shall prepare a conceptual Infrastructure Development and Services Plan to determine infrastructure needed to support land uses and improvements identified in the preferred alternative, adequate to meet the needs of CEQA. The analysis shall describe infrastructure conditions and improvements needed to support the plan in terms of water, wastewater, storm drainage (including low impact development), electricity, gas, cable, telephone service, internet/fiber, transportation, greenways, and parks. Distinction shall be made between improvements needed for existing versus future development so future costs can be appropriately attributed. In addition, increased demand for public services such as transit, schools, police, and fire required to serve the Plan area should be identified. The Plan shall: DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 601 Contract No. C46680 Exhibit “A” Analyze and summarize existing and needed service capacities. Assess the services envisioned in the UNSP area and those that would be needed with the preferred alternative. Provide descriptions of needed public improvements, including street improvements to City standard, upsizing of water and wastewater mains and storm drains, undergrounding utilities, and development costs. Provide descriptions of needed improvements associated with private utilities, such as natural gas, electric, phone, cable, and internet connectivity. Provide descriptions of any changes required to public services and facilities. Provide general cost estimates and phasing recommendations for needed improvements and service systems within the UNSP area. Deliverables: 5.1: Infrastructure Development and Services Report TASK 6: DRAFT UNIVERSITY NEIGHBORHOOD SPECIFIC PLAN UPDATE The consultant shall prepare a draft updated Specific Plan in compliance with state law. The updated Specific Plan will serve as the City’s long range, comprehensive land use, circulation, and implementation plan for guiding development within the Plan boundary. The Specific Plan shall contain the following components: Planning Process. Description of the process to develop the Plan and the role the public played in creating the Plan. Land Use/Housing. Description of land use designations, including number of units, potential square footage of mixed use and or neighborhood serving retail development, and employment generating land uses. Population and job projections shall be included. Changes to development standards or implementation of form-based code must be considered. Transportation. Description of circulation for motor vehicles, transit, bicycles, and pedestrians. New streets, paired one-way streets, paths, and connections shall be included. Policies regarding complete streets and the circulation element of the General Plan shall also be included. Public Services. Includes information about services and infrastructure needed to implement the updated Plan. This should include specific policies regarding utilities, public safety, parks. Access and Connectivity Plan. Addresses access to and through the Plan area with specific focus on connecting housing, commercial, and retail with the Plan area to existing neighborhoods by all transportation modes including walking, bicycling, driving, and transit. Implementation and Financing Plan. Identifies actions and strategies for Plan implementation, including a rough budget estimate. Include infrastructure improvements needed for Plan implementation. An administrative draft Specific Plan shall be prepared for review by City staff. Comments received shall be incorporated into the public review draft Specific Plan. The draft Specific Plan Update shall then be presented to the Planning Commission at a public workshop then to City Council at a Study Session to present the final draft and accept any remaining comments and requested changes. DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 602 Contract No. C46680 Exhibit “A” Deliverables: 6.1: Administrative Draft Specific Plan 6.2: Public Review Draft Specific Plan 6.3: Planning Commission Workshop, including attendance and facilitation, and all necessary meeting materials 6.4: Workshop Summary 6.5: City Council Study Session, including attendance and facilitation, and all necessary meeting materials 6.6: City Council Study Session summary TASK 7: GENERAL PLAN AND ZONING AMENDMENTS Consultant(s) and City staff will evaluate properties within the project boundaries to determine which sites would need General Plan land use amendments and UNSP rezoning based on the preferred alternative developed in Task 5. Deliverables: 7.1: List of properties, and associated maps, requiring General Plan land use designation amendments, and to what designation they will be amended (maps must be compatible with ESRI Geographic Information Systems) 7.2: List of General Plan text amendments 7.3: List of properties, and associated maps, requiring UNSP rezoning, and to what designation they will be amended (maps must be compatible with ESRI Geographic Information Systems) 7.4: List of Zoning Code text amendments TASK 8: ENVIRONMENTAL ANALYSIS The project consultant must prepare an Initial Study which will analyze the broad-scale environmental impacts of the updated Specific Plan. Additionally, Consultant(s) will be responsible for the preparation of a Negative Declaration, Mitigated Declaration, or Environmental impact Report (EIR) Or Addendum as determined by the Initial Study. Additional deliverables associated with this Task are dependent on the findings from the Initial Study and should be included as an optional item in proposal. Consultant must review the adopted and certified UNSP Environmental Impact Report (EIR) and determine the appropriate process for conducting the UNSP update, in a manner consistent with the provisions of the California Environmental Quality Act (CEQA). The consultant shall also prepare responses to comments received during the public review period, a mitigation monitoring and reporting program, and statement of overriding considerations, as necessary. At a minimum, the environmental analysis shall evaluate all necessary environmental factors and shall considered the following areas: DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 603 Contract No. C46680 Exhibit “A” Land Use Consistency and Compatibility. The analysis will describe existing land use and development patterns and evaluate the proposed project’s consistency with adopted City plans and policies. Population, Housing and Employment. The environmental analysis will analyze projected population, housing and employment impacts of the draft Specific Plan update. Transportation and Circulation. The environmental analysis will define and establish both the Transit Priority Area(s) within the Plan area and Vehicle Miles Traveled (VMT) standards as recommended by the Governor’s Office of Planning and Research for residential, office and retail development and in accordance with City adopted guidelines. The analysis will further analyze VMT per capita associated with the proposed land uses within the Plan area. The analysis shall also evaluate the Level of Service (LOS) impacts of the amendment. Air Quality. The environmental analysis will address the project’s impact on air pollutants and their precursors as well as localized carbon monoxide impacts utilizing the appropriate air quality modeling tools. The analysis will address both operational, including vehicular emissions (long term), and construction level (short term) impacts on local and regional air quality. Energy/Climate Change. Changes in energy consumption anticipated through implementation of the draft Specific Plan update shall be analyzed. Greenhouse gas emissions anticipated from the project shall be included. The environmental analysis shall analyze how development anticipated by the Specific Plan will be affected by climate change and how implementation of the Plan will affect climate change. While analysis of this topic is evolving, this environmental analysis should include the most current thinking and practice regarding impacts of greenhouse gas emissions. Water Usage. Evaluate if a water supply verification/water supply assessment is required based on any potential increases in total dwelling units or employment. Cultural Resources. Evaluate cultural and tribal resources within the specific plan area and coordinate required tribal consultation pursuant to SB 18, and/or AB 52. In addition, the environmental analysis shall include discussion of growth inducing and cumulative impacts, and significant, unavoidable impacts, if any and as needed. If required, pursuant to CEQA, the consultant will facilitate a scoping meeting and a public hearing on the environmental analysis at the Planning Commission. The consultant shall prepare responses to comments received during the public review period and at the public hearing on the environmental analysis. The consultant shall coordinate the printing of all final environmental documents. Deliverables: 8.1: Initial Study and any appendices (Word & PDF) 8.2: Notice of Preparation/Scoping Meeting (Word & PDF format) 8.3: Public scoping meeting for environmental analysis preparation 8.4: Administrative draft environmental analysis, (Word and PDF format) 8.5: Draft environmental analysis, (Word and PDF format) 8.6: Final environmental analysis, including draft environmental analysis and response to comments (Word & PDF format) DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 604 Contract No. C46680 Exhibit “A” TASK 9: PRESENTATION AND ADOPTION OF DRAFT UNSP AND ENVIRONMENTAL ANALYSIS The consultant, in collaboration with City staff, will prepare the Planning Commission and City Council packet materials, including the staff report, PowerPoint presentation, resolutions and ordinances, and present the draft Specific Plan update, and any necessary environmental analysis, at public hearings before the Commission and Council. The consultant shall make any final revisions to the Specific Plan and environmental analysis based on changes adopted by the City Council. Deliverables: 9.1: Planning Commission staff report and PowerPoint presentation 9.2: Presentation of draft UNSP update at Planning Commission public hearing 9.3: City Council staff report and PowerPoint presentation 9.4: Presentation of draft UNSP update at up to two (2) City Council public hearings 9.5: Adopted Specific Plan, electronic copy in Word and PDF format (graphics/maps shall be prepared in a graphics file in a format that is editable by the City). DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 605 Contract No. ____________ Exhibit “B” EXHIBIT "B" SCHEDULE OF SERVICES The term of this Agreement shall be from NOVEMBER 16, 2023, to DECEMBER 31, 2024, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. SEE ATTACHED PROPOSAL DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 606 Contract No. ____________ Exhibit “C” EXHIBIT "C" COMPENSATION SEE ATTACHED COST PROPOSAL DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 607 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 608 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 609 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 610 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 611 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 612 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 613 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 614 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 615 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 616 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 617 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 618 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 619 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 620 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 621 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 622 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 623 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 624 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 625 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 626 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 627 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 628 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 629 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 630 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 631 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 632 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 633 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 634 DocuSign Envelope ID: 67B44BE5-9E8A-45F0-B937-805BE2401DC3 635 636 Contract No. C46680 AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT, C44860 BETWEEN THE CITY OF PALM DESERT AND INTERWEST CONSULTING GROUP, INC., 1.Parties and Date. This Amendment No. 1 to the Professional Services Agreement, C44860, is made and entered into as of this 12th day of DECEMBER, 2024, by and between the City of Palm Desert (“City”) and INTERWEST CONSULTING GROUP, INC., a Corporation, with its principal place of business at 1500 S Haven Ave, Suite 220 Ontario, CA 91761 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2.Recitals. 2.A Agreement. The City and INTERWEST CONSULTING GROUP, INC., have entered into an agreement entitled “Professional Services Agreement, C44860 ” dated November 16, 2023 (“Agreement” or “Contract”) for the purpose of retaining the services of INTERWEST CONSULTING GROUP, INC., a Corporation to provide Professional Planning Services for Updating the University Neighborhood Specific Plan (UNSP), Project 2023- RFP-203 2.B Amendment. The City and INTERWEST CONSULTING GROUP, INC., desire to amend the Agreement to Extend the Terms of the Agreement, Revise the Scope of Services, and increase compensation. 2.C Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.6.14 of the Agreement. 3.Terms. 3.A Section 3.1.2 Term of the Agreement is hereby amended in its entirety to read as follows: The term of this Agreement shall be from NOVEMBER 16, 2023, to DECEMBER 31, 2025, 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 ONE additional one-year term. Consultant shall complete the Services within the term of this agreement and shall meet any other established schedules and deadlines. 3.B Section 3.3.1 Compensation of the Agreement is hereby amended in its entirety to read as follows: Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C-1" attached hereto and incorporated herein by reference. The total compensation shall not exceed THREE HUNDRED AND NINE THOUSAND NINE HUNDRED SEVENTY DOLLARS ($309,970) without written approval of the City Council or City Manager, as applicable. 3.C Exhibit A is hereby deleted in its entirety and replaced with Exhibit A-1 attached hereto and incorporated herein by reference. 3.D Exhibit B is hereby deleted in its entirety and replaced with Exhibit B-1 attached hereto and incorporated herein by reference. Page 1 of 13 Revised 01-2024 BBK 72500.00001\32445060.1 637 Contract No. C46680 Page 2 of 13 Revised 01-2024 BBK 72500.00001\32445060.1 3.E Exhibit C is hereby deleted in its entirety and replaced with Exhibit C-1 attached hereto and incorporated herein by reference. 3.F Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.G Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1 3.H Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.I Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] 638 Contract No. C46680 Page 3 of 13 Revised 01-2024 BBK 72500.00001\32445060.1 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO Professional Planning Services for Updating the University Neighborhood Specific Plan (UNSP), Project 2023-RFP-203, Contract No. C44860 BETWEEN THE CITY OF PALM DESERT AND INTERWEST CONSULTING GROUP, INC. IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to the Professional Planning Services for Updating the University Neighborhood Specific Plan (UNSP), Project 2023-RFP-203, Contract No. C44860 as of the day and year first above written. CITY OF PALM DESERT By: L. Todd Hileman City Manager Attest: By: Anthony J. Mejia City Clerk Approved as to form: By: Isra Shah Best Best & Krieger LLP City Attorney INTERWEST CONSULTING GROUP, INC. A CORPORATION By: Paul Meschino President By: David Kniff Assistant Secretary City Clerk QC: _____ Contract QC: _____ Insurance: _____ Initial Review _____ Final Approval 639 Contract No. C46680 Page 4 of 13 Revised 01-2024 BBK 72500.00001\32445060.1 EXHIBIT “A-1” SCOPE OF SERVICES Project Objectives This planning effort will focus on evaluating existing and potential land uses; analyzing circulation and infrastructure conditions; and developing land use regulations, implementation strategies and objective design guidelines to encourage appropriately s caled development within the project area. The primary objectives to be achieved through the UNSP update are: • Consistency with General Plan Land Use and Circulation Element or consider making the Specific Plan the effective land use document over the project area. • Engage and inform the public and existing Plan area residents about transit-oriented design concepts, potential updated development standards and the UNSP update process generally through a comprehensive community involvement strategy. This strategy shall gather significant resident input from a variety of Palm Desert residents and incorporate this input into the UNSP Update policies and design guidelines. • Revise the land use plan and policy framework to transition from significant commercial use requirements to increased housing density and development, while also allowing other neighborhood supportive uses such as retail and office mixed-use throughout the Plan area. • Improvement of motorized, non-motorized, and transit connectivity between the Plan Area, and existing and future commercial and residential areas (and circulation infrastructure) in and adjacent to Palm Desert city boundaries (as feasible). • Development and implementation of objective urban design standards which promote walkable and livable environments, compatible with the surrounding and existing development within the Plan area. • Develop subdivision standards that promote walkable environments and incorporate policies of the General Plan. • Prepare any necessary addenda or supplements to complete the CEQA impact analysis, building on the adopted Environmental Impact Report, as appropriate. GENERAL The consultant shall prepare amendments to the UNSP in accordance with Government Code Section 65450 et. seq. The proposal should address all studies, activities, and disciplines necessary to complete the amendment. Consultant responsibilities are those li sted below which are not exhaustive. The City encourages innovation in concept, design and implementation. It is not intended that the plan include construction level engineering and design; however, the work must be of adequate detail to evaluate needs, capacity, and cost. • Assemble and review existing information and data. • Develop new information and data to support the update. • Present background information and data, either within the plan document, or as a separate compendium. The consultant’s recommendation on the most effective approach is requested. All information should be made available in electronic format suitable for display on the City’s web site. 640 Contract No. C46680 Page 5 of 13 Revised 01-2024 BBK 72500.00001\32445060.1 •Prepare all text, illustrations and maps contained in the Amendment. Provide administrative draft(s) for internal City review, a screen check draft, a public review draft, and final documents reflecting all modifications directed by the City. Provide documents in sufficient quantity for review by City officials, property owners and for public circulation, and provide all materials in an electronic format suitable for publication on the City’s website. TASK 1: PROJECT KICK-OFF The consultant(s) and City staff will meet to review and finalize the work scope and project schedule. The meeting will include a discussion of project goals, opportunities and constraints, provision of relevant background information and documents for the existing conditions analysis, arrangement of informational meetings with relevant city staff members, development of the community engagement strategy, and project management. Deliverables: 1.1 : Project kick-off meeting with City staff 1.2 : Memorandum summarizing the meeting (Word and PDF format) TASK 2: COMMUNITY ENGAGEMENT STRATEGY AND OUTREACH The City is seeking to engage community participation in the UNSP update process. City staff and the consultant(s) will develop a community engagement strategy that will focus on outreach to, and inclusion of key stakeholders including residents, business owners, and property owners. The strategy must include various forms of engagement to increase levels of community participation. One open house/community workshop must be held as part of this Task. The purpose of the meetings is to understand the community’s vision, with a focus on new residential communities in the UNSP area, recognize attitudes surrounding what land uses and development intensity should be included in the plan, and to solicit input on opportunities, constraints, and potential changes for the area. The consultant will be responsible for utilizing tools and developing a process to understand community preferences within the project area. Use of photo simulations and development prototypes to help identify preferences should be employed, as well as community asset mapping, allowing the community to identify concepts for improving/transforming the area. The community input will assist in guiding the development of the two land use alternatives. The consultant will lead these meetings, present plan area existing conditions and opportunities, and receive feedback from community members regarding information presented. Webpage The consultant will develop content and provide background and meeting information, reports and maps related to the project for a project specific webpage. The project webpage will be part of the City’s website (rather than a separate, outside website linked to the City’s). City staff will post information and keep the site current, with updated content provided by consulting staff. Deliverables: 2.1: Community Engagement Strategy, including components as described above 641 Contract No. C46680 Page 6 of 13 Revised 01-2024 BBK 72500.00001\32445060.1 2.2: Visualization tools, including renderings and visual simulations (physical and electronic format) 2.3 : Project webpage content and materials 2.4 : Community Meeting #1 (including agenda, attendance, meeting materials) 2.5 : Summary of Community Meeting #1 2.6 : Potential supplementary meetings with City Staff and relevant stakeholders TASK 3: OPPORTUNITY SITE ANALYSIS AND ALTERNATIVE LAND USE ANALYSIS Following the initial meetings and outreach, the consultant shall develop the land use alternatives. The scenarios should be developed to support bus transit as well as to facilitate pedestrian and bicycle access. Alternatives should promote development of healthy, walkable neighborhoods and enhance opportunities for residents to easily access services and facilities throughout the Plan area and beyond. Changes to development standards or incorporation of form-based code may be considered. The alternatives should consider information prepared through the planning process and from the community outreach. Commercial, office, residential, open space, and mixed-use land uses should be thoughtfully and strategically placed to maximize community connectivity and create a level of synergy between adjacent single-family residential neighborhoods. The alternatives should consider information generated through previous analysis, and community outreach. Each alternative must address: • A mix of housing units that aligns with the City’s RHNA and Housing Element. • Distribution and evaluation of proposed new uses, including affordable residential units by type and non-residential square footage by type and a planned regional park. • Roadway design alternatives to support the proposed uses and circulation, including sidewalk width, public amenities/furniture, on-street parking and curb management, including placemaking concepts. • A transportation analysis shall be prepared for each alternative comparing how each addresses connectivity to services, schools, jobs, and transit. • The chosen alternative will include an intersection Level of Service (LOS) and Vehicle Miles Travelled (VMT) analysis for Palm Desert General Plan consistency purposes and impact analysis under CEQA. VMT analysis to be completed by a separate consultant. • A report and maps describing and analyzing the alternatives will be prepared to quantify development potential in terms of housing units, non-residential floor area, population, and employment. Projected population and jobs for each alternative shall be included. Presentation of Land Use and Circulation Alternatives: The consultant will present the alternatives to the staff for review, feedback, and possible refinement prior to presentation at a public meeting. At that meeting, the consultant shall utilize interactive techniques to understand participants’ preferences. This may result in a clear preference for one alternative or in a hybrid concept which combines components of each. Based upon input received, the consultant shall develop a preferred land use and circulation alternative which will serve as the basis for the Specific Plan Update. This Plan will be presented 642 Contract No. C46680 Page 7 of 13 Revised 01-2024 BBK 72500.00001\32445060.1 to staff, and refinements will be made to the preferred alternative prior to its presentation to the Planning Commission and/or City Council. Input received at this meeting will be used to refine the alternative and develop the preferred alternative. Deliverables: 3.1 : Display graphics illustrating the alternative land use and circulation plans with additional sketches, visual simulations, elevations, and street sections needed to convey each alternative 3.2 : Land Use and Circulation Alternatives Report 3.3 : Quantified development potential and traffic analysis for preferred alternative (meeting CEQA requirements) TASK 4: PREFERRED LAND USE ALTERNATIVE Based on input received at community/committee meetings, as well as input received from other methods of community outreach, the consultant(s), in consultation with City staff, will develop a preferred land use alternative which will serve as a basis for the draft Specific Plan update. The preferred alternative will be presented to staff for review and feedback. The community will also be asked to respond to the preferred plan. Input received will be used to refine the alternative and develop the draft Specific Plan update. Deliverables: 4.1 : Preferred land use plan visuals, including sketches and elevations 4.2 : Preferred land use plan report, including quantified development potential 4.3City Council Workshop #1 to present preferred land use plan 4.4 : Community Workshop #2, including attendance and facilitation, and all necessary meeting materials 4.5 : Community Workshop #2 summary TASK 5: INFRASTRUCTURE DEVELOPMENT AND SERVICE PLAN Working with the staff, the consultant shall prepare a conceptual Infrastructure Development and Services Plan to determine infrastructure needed to support land uses and improvements identified in the preferred alternative, adequate to meet the needs of C EQA. The analysis shall describe infrastructure conditions and improvements needed to support the plan in terms of water, wastewater, storm drainage (including low impact development), electricity, gas, cable, telephone service, internet/fiber, transportation, greenways, and parks. Distinction shall be made between improvements needed for existing versus future development so future costs can be appropriately attributed. In addition, increased demand for public services such as transit, schools, police, and fire required to serve the Plan area should be identified. The Plan shall: • Analyze and summarize existing and needed service capacities. 643 Contract No. C46680 Page 8 of 13 Revised 01-2024 BBK 72500.00001\32445060.1 • Assess the services envisioned in the UNSP area and those that would be needed with the preferred alternative. • Provide descriptions of needed public improvements, including street improvements to City standard, upsizing of water and wastewater mains and storm drains, undergrounding utilities, and development costs. • Provide descriptions of needed improvements associated with private utilities, such as natural gas, electric, phone, cable, and internet connectivity. • Provide descriptions of any changes required to public services and facilities. • Provide general cost estimates and phasing recommendations for needed improvements and service systems within the UNSP area. Deliverables: 5.1 : Infrastructure Development and Services Memorandum TASK 6: DRAFT UNIVERSITY NEIGHBORHOOD SPECIFIC PLAN UPDATE The consultant shall prepare a draft updated Specific Plan in compliance with state law. The updated Specific Plan will serve as the City’s long range, comprehensive land use, circulation, and implementation plan for guiding development within the Plan boundary. The Specific Plan shall contain the following components: • Planning Process. Description of the process to develop the Plan and the role the public played in creating the Plan. • Land Use/Housing. Description of land use designations, including number of units, potential square footage of mixed use and or neighborhood serving retail development, and employment generating land uses. Population and job projections shall be included. Changes to development standards or implementation of form-based code must be considered. • Transportation. Description of circulation for motor vehicles, transit, bicycles, and pedestrians. New streets, paired one-way streets, paths, and connections shall be included. Policies regarding complete streets and the circulation element of the General Plan shall also be included. • Public Services. Includes information about services and infrastructure needed to implement the updated Plan. This should include specific policies regarding utilities, public safety, and parks. • Access and Connectivity Plan. Addresses access to and through the Plan area with specific focus on connecting housing, commercial, and retail with the Plan area to existing neighborhoods by all transportation modes including walking, bicycling, driving, and transit. • Implementation and Financing Plan. Identifies actions and strategies for Plan implementation, including a rough budget estimate. Include infrastructure improvements needed for Plan implementation. An administrative draft Specific Plan shall be prepared for review by City staff. Comments received shall be incorporated into the public review draft Specific Plan. The draft Specific Plan Update shall then be presented to the Planning Commission at a pub lic workshop then to City Council at a Study Session to present the final draft and accept any remaining comments and requested changes. Deliverables: 644 Contract No. C46680 Page 9 of 13 Revised 01-2024 BBK 72500.00001\32445060.1 6.1: Administrative Draft Specific Plan 6.2: Public Review Draft Specific Plan 6.3: Community Workshop #3, including attendance and facilitation, and all necessary meeting materials 6.4: Workshop #3 Summary 6.5: City Council Study Session #2, including attendance and facilitation, and all necessary meeting materials 6.6: City Council Study Session #2 summary TASK 7: GENERAL PLAN AND ZONING AMENDMENTS Consultant(s) and City staff will evaluate properties within the project boundaries to determine which sites would need General Plan land use amendments and UNSP rezoning based on the preferred alternative developed in Task 5. Deliverables: 7.1: List of properties, and associated maps, requiring General Plan land use designation amendments, and to what designation they will be amended (maps must be compatible with ESRI Geographic Information Systems) 7.2: List of General Plan text amendments 7.3: List of properties, and associated maps, requiring UNSP rezoning, and to what designation they will be amended (maps must be compatible with ESRI Geographic Information Systems) 7.4: List of Zoning Code text amendments TASK 8: ENVIRONMENTAL ANALYSIS The proposed project is an update to the University Specific Plan that was previously analyzed by the General Plan Update & University Specific Plan EIR. Although some changes or additions to the EIR may be necessary to more fully describe and address the specifics of the proposed University Specific Plan project, the project appears to meet the requirements for an Addendum, unless any of conditions pursuant to CEQA Guidelines Section 15164 would apply. Initial Study Checklist Approach: IW will utilize the latest City-preferred version of an Initial Study template for the CEQA analysis, appropriate for use with an EIR Addendum, to document whether or not an Addendum to the General Plan Update & University Specific Plan EIR is appropriate and applicable for the proposed project. The Initial Study will address the following issues pertaining to each CEQA Checklist question: • The General Plan Update & University Specific Plan EIR significance conclusions for each potential impact (i.e., Less than Significant, LTS with Implementation of Mitigation Measures, or Significant and Unavoidable) 645 Contract No. C46680 Page 10 of 13 Revised 01-2024 BBK 72500.00001\32445060.1 • The Project’s relationship to the General Plan Update & University Specific Plan EIR findings (either Equal or Less Severity, or a Substantial Increase in Severity) • Applicable mitigation measures and Conditions of Approval, and • The Project’s resulting level of significance The proposed project may meet the requirements for an Addendum pursuant to CEQA Guidelines Sections 15162, 15164, and 15168 to the extent it can be demonstrated with substantial evidence that: 1) the Project’s impacts were addressed in the General Plan Update & University Specific Plan EIR, and 2) that the Project would not generate a new environmental impact or a substantial increase in the severity of an environmental impact previously identified in the prior General Plan Update & University Specific Plan EIR. No Supplemental or Subsequent EIR would then be required. Interwest will review all technical studies including AQ/GHG, Biological Resources, Cultural Resources, Transportation Impacts (analyze VMT and LOS), and Water Supply Assessment. If required, we will coordinate with technical consultants to complete necessary corrections and revisions to technical studies. In addition, Interwest will initiate tribal consultations in compliance with SB 18 and AB 52. Interwest will prepare the draft Initial Study (IS) in compliance with the 2024 CEQA Statute and Guidelines and analyze the broad-scale environmental impacts of the updated Specific Plan, including: Land Use Consistency and Compatibility, Population, Housing and Employment, Transportation and Circulation, Air Quality, Energy/Climate Change, Water Usage, and Cultural Resources. Once the draft Initial Study has been reviewed by City staff, it will be revised to address City department comments, and provide all additional deliverables as determined by the review of the draft IS. A meeting will be held by Interwest and City staff to review the technical report findings and draft IS to determine whether the project impacts, as documented in the draft IS, can demonstrate that no new significant effects will result from the project (i nclusive of required mitigation measures), or that the project’s potentially significant impacts have already been fully disclosed and evaluated in the prior General Plan Update & University Specific Plan EIR. A draft and final EIR Addendum in compliance with the 2024 CEQA Guidelines sections 15162, 15164 and 15168 will be prepared. Interwest will deliver to all agencies on the City’s CEQA contact list and deliver to all individuals requesting notice. All comments received will be compiled and a final EIR Addendum will be prepared with Mitigation Monitoring and Reporting Program (MMRP). Interwest staff will attend one Planning Commission meeting to approve the project and EIR Addendum. A Notice of Determination (NOD) will be prepared and filed with the Office of Planning and Research (OPR) and County Clerk. Deliverables: 8.1: Draft and Final Initial Study and any appendices (Word & PDF) 8.2: Administrative draft EIR Addendum, (Word and PDF format) 8.3: Public review raft EIR Addendum(Word and PDF format) 646 Contract No. C46680 Page 11 of 13 Revised 01-2024 BBK 72500.00001\32445060.1 8.4: Final EIR Addendum t, including responses to comments and MMRP(Word & PDF format) 8.5: Notice of Determination (Word and PDF format) 647 Contract No. C46680 Page 12 of 13 Revised 01-2024 BBK 72500.00001\32445060.1 EXHIBIT "B" SCHEDULE OF SERVICES (SEE FOLLOWING PAGE) 648 Contract No. C46680 Page 13 of 13 Revised 01-2024 BBK 72500.00001\32445060.1 EXHIBIT "C-1" COMPENSATION In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside- San Bernardino-Ontario, CA. (SEE FOLLOWING PAGE) 649 www.interwestgrp.com CITY OF PALM DESERT Proposal For University Neighborhood Specific Plan Update 2023-RFP-203 MAIN CONTACT: Shelby Sieracki Senior Account Manager 626.224.2055 ssieracki@interwestgrp.com November 26, 2024 | Electronic 25 650 | A Cover Letter .......................4 | B Experience and Technical Competence ......................6 1. Background 2. References | C Firm Staffing and Key Personnel ...13 1. Staffing 2. Key Personnel 3. Team Organization 4. Subcontractors 5. Disclosures | D Proposed Method to Accomplish the Work ............................18 Approach to Scope of Work Table of Contents 26 651 Cover Letter A 27 652 1500 S. Haven Ave, Suite 220 Ontario, CA 91761 P (909) 295-3142 4 City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan A. Cover Letter November 26, 2024 City of Palm Desert 73-510 Fred Waring Drive, Palm Desert, CA 92260 Re: 2023-RFP-203 Proposal for University Neighborhood Specific Plan Dear Selection Committee, Interwest Consulting Group appreciates the opportunity to submit this proposal to the City of Palm Desert, to provide urban design and planning services. Our multi-disciplinary team believes we are uniquely qualified to assist the City in updating its University Neighborhood Specific Plan to help transform the area into a livable and walkable neighborhood district. We offer the combination of knowledge, experience, and expertise that will ensure the future development of the University Neighborhood is a success. We incorporate best practices and innovative tools from all approaches to preparing specific plans, including form-based zoning and transit-oriented development (TOD) /design principles. As presented throughout this proposal, we have prepared specific plans and master plans for a variety of cities in California and nationally, including communities similar to Palm Desert. Our proposal includes: • Cutting-Edge TOD and Place-making Expertise. Combined with our extensive experience working with specific plans is our expertise on TOD and placemaking. Nick Pergakes, AICP, Project Manager, has prepared or managed over two dozen specific plans, downtown master plans, and design guidelines/objective design standards throughout California and nationally. He brings to this project an in-depth knowledge of mixed-use community planning, TOD planning, and zoning/form-based codes. Palm Desert will benefit from the use of the latest thinking in the world of TOD and place- making. • Real-World Planning Expertise. Our qualifications statement highlights the 50+ years of both advanced planning and current planning experience that our key team members bring to this project. What this means for you is that we know what makes a successful Specific Plan and how to implement it. • Planning Leadership and Innovation. The Interwest team is recognized throughout California as industry leaders and champions for local governments and effective planning. Our project leaders Nick Pergakes (Project Manager) and Richard Smeaton (Project Director) bring decades of experience serving and managing projects for local municipalities. Our specific plan approach strongly emphasizes collaboration and implementation of a strategic vision and character of a community, not just the regulatory direction of a typical zoning document. The Interwest Team is very excited about this opportunity, and we look forward to sharing our ideas with you further. Please note that both the scope and budget are flexible and can be adjusted to meet your specific requirements and goals. This proposal remains valid for a period of 90 days. Contact information for our team is as follows: Shelby Sieracki Nick Pergakes, AICPSenior Account Manager Project Manager 626.224.2055 | ssieracki@interwestgrp.com 626.676.9533 | npergakes@interwestgrp.com Signing Authority: As President of Interwest Consulting Group, I am authorized to sign any agreements that may result from this proposal and will provide contract support to the proposed Interwest team. Should any questions arise, I can be contacted at 619.372.9962 or via email at pmeschino@interwestgrp.com; 1500 S. Haven Ave, Suite 200, Ontario CA 91761. We appreciate the opportunity to present our proposal to the City of Palm Desert and look forward to serving your community. Sincerely, Paul Meschino, President 28 653 Experience and Technical Competence B 29 654 6THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan B. Experience and Technical Competence 1. Background Interwest Consulting Group (Interwest) is a multi-disciplinary firm that provides a range of services to municipalities across California, including Planning, Engineering and Public Works, Building and Safety, Transportation Planning, and Real Property. Our total client list exceeds 300 public agencies in California, and our team of more than 450 professionals has provided services to municipalities for two decades. Our Planning Division brings a deep knowledge of planning practices and current regulations as we apply our knowledge in order to reach successful outcomes. Our team brings strong qualifications in entitlement reviews, zoning and development regulations, long-range planning, and urban design that will support agency planning programs. Interwest is recognized throughout California as an industry leader and champion for innovative and effective planning. Our specific plans and design guidelines are highly customized, and we work closely with each client to identify the approach that will most effectively achieve the city’s and community’s objectives. We incorporate best practices and innovative tools in Zoning Code Updates, including form-based design and coding. As presented throughout this proposal, we have prepared Specific Plans, Zoning Code Updates, and other long-range planning projects for a variety of cities in California, including communities similar to Palm Desert. We have experience providing solutions or alternative approaches to design regarding the siting of new buildings, design of open space, or parking facilities. Our experience as planners includes both decades of work in Planning departments—using and implementing Zoning Codes on a daily basis—and as planners writing updated Codes for counties and cities in California and other states. Simply put, we know the types of questions that arise when implementing a Zoning Code, the types of regulations that work or cause problems, and the features that make a Zoning Code easy to use for both City staff and the public. Our decades of experience will allow our team to effectively assess your Zoning Code and develop an effective program for the creation of Objective Design Standards. INTERWEST COMPANY DATA YEAR FOUNDED 2002 TYPE OF ENTITY: Corporation PROJECT OFFICE FOR THIS CONTRACT: 1500 S. Haven Ave, Suite 220 Ontario, CA 91761 NUMBER OF OFFICES: 10 YEARS OF EXPERIENCE PROVIDING MUNICIPAL SERVICES: 21 years FULL SERVICE OFFERING: Planning & Urban Design Building Safety Capital Projects City Engineering Construction Management Development Services Land Development Design Right of Way & Real Estate Traffic Engineering Transportation Planning Transportation Programming 30 655 7THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan The proposed Interwest team has extensive experience in developing zoning code updates and mixed-use zoning regulations for municipalities with similar attributes to those of the City. The project will be overseen by our team of planners with expertise in land use planning, urban design, municipal planning, and code implementation. Qualified Staff Nick Pergakes, AICP, will serve as the Project Manager and Principal Planner and will be the primary contact for the project. With more than 20 years of planning and urban design experience, Nick has managed and prepared specific plans, zoning code updates, and urban design plans in California and nationally. Since 2015, Nick has either prepared or is in the process of preparing several specific plans including the San Dimas Downtown Specific Plan, City of Hope Campus Specific Plan in Duarte, CA, and the Connect Southwest LA Specific Plan in Los Angeles County. He has also managed zoning code updates and prepared objective design standards for the following agencies: Corning, Rancho Cordova, Covina, Irwindale, San Dimas, San Benito County, and Mendocino County. Firm’s Unique Qualifications to Best Perform These Services We pride our success on effective communication. We are committed to a “no surprises” approach built upon presenting ideas, asking questions, and identifying and addressing issues early in the process. We will propose options, seek direction, and implement solutions in close coordination with the City of Palm Desert. We welcome this opportunity to help maintain the quality of life and unique character that makes the City a desirable community and we believe our planning team will provide superior resources for meeting your immediate needs and long-term goals. Our team offers the following advantages to the City of Palm Desert: • Specific Plan Expertise. Our team has worked on over two dozen specific plan and zoning code updates for cities and counties in California and nationally. • Broad Multi-disciplinary Skills. The Interwest team is multi-disciplinary and brings a broad range of practice areas, including zoning, comprehensive planning, transportation planning, urban design, and public facilitation. Our range of skills and experience enable us to prepare effective development regulations that work in the real world. • Current Housing Law. Interwest staff have worked diligently to stay current on California’s housing laws. As any planner in California knows, housing is one of the most pressing issues in our state, and lawmakers have been very active creating in housing legislation for the past three years. Our team is here to help navigate the complex and occasionally poorly defined collection of recently enacted housing legislation in a manner that reflects local interests and values while complying with state law. • Advance Planning Meets Development. Interwest’s staff have long served as extensions to municipal planning and community development departments. We have processed projects, implemented planning documents and helped to design communities. This hands-on experience leads to practical solutions. • Unique Clients, Unique Solutions. Interwest is recognized throughout California as an industry leader and champion for innovative and effective planning and design. We know each community is unique and our team will prepare Zoning Code and Specific Plan amendments that will meet the City’s needs as well as consider economic and market realities. 31 656 8THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan Awards and Accomplishments While Interwest believes that the quality of our work, the experience of our staff, and the breadth and depth of our understanding differentiate us from other firms, the level of recognition we received across the municipal services sector is a true indicator. Awards from various renowned organizations in California have been bestowed on Interwest as a firm, a specific project we have led, and many staff members. In addition to Excellence and Achievement in Planning, in 2023, we received the Best Practices Award of Excellence from the APA California Central Section Awards Program for our Planning Services work for Stanislaus County. We present some additional highlighted awards and recognitions below. LEADERSHIP AND SERVICE—EMERGING PLANNING AND DESIGN FIRM, AWARD OF EXCELLENCE, 2023 ApA cAliforniA centrAl section And ApA cAliforniA inlAnd empire section Interwest received the ‘Emerging Planning and Design Firm Award of Excellence‘ from the APA Inland Empire Section 2023 Leadership and Service. This award reaffirms our position as an emerging urban planning and design leader and is a testament to our mission of delivering exemplary services to our communities. URBAN DESIGN, AWARD OF MERIT, 2023 county of sAn benito zoning code updAte | AmericAn plAnning AssociAtion, norcAl The APA Northern California Section Urban Design acknowledged our group with the ‘Award of Merit.’ This was for our work on the San Benito County Zoning Code Update, ADU Design Handbook and Construction Drawing Templates project — a testament to our team’s commitment to strategic urban design and innovative zoning solutions. EXCELLENCE AND ACHIEVEMENT IN PLANNING BEST PRACTICES, AWARD OF EXCELLENCE, 2023 stAnislAus county, urbAn pockets project | ApA cAliforniA centrAl section Adding to the list, the APA Central Section 2023 also honored us with the ‘Best Practices Award of Excellence.’ This was for our outstanding work on the Stanislaus County Urban Pockets Project. This award reflects our unwavering dedication to adopting best practices and enhancing the Stanislaus County community’s quality of life and environment. BEST PARK AWARD, 2022 ench Anted hills pA rk, city of perris | ApwA, southern c A liforniA chA pter The Interwest Team has been working with the City of Perris, California on a new community park utilizing a $8.5M grant from California’s Prop 68. The city broke ground on the Enchanted Hills Park in 2021 and celebrated its grand opening in August of 2022. The park was selected as the APWA, Southern California Chapter’s Best Park Award this year. “Interwest Consulting Group is a great partner to the City of Perris. They were instrumental in the vision, financing and now construction of the 22-acre enchanted hills park. Their passion, professionalism and commitment were instrumental in Bringing the project to fruition.” Richard Belmudez, City Manager to the City of Perris 32 657 9THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan 2. References Interwest has extensive experience preparing specific plans, objective design standards, and zoning code updates. Below is a sample of client references and relevant project experience from the past seven years. CITY OF PALM DESERT // NORTH PALM DESERT PARK AND LUPINE PLAZA, CITY OF PALM DESERT CLIENT CONTACT: SHAWN MUIR, COMMUNITY SERVICES MANAGER. PHONE: 760-346-0611 EMAIL: SMUIR@PALMDESERT.GOV Interwest is familiar with the City of Palm Desert, as we are currently providing engineering and design services for Lupine Plaza, currently in the Public Engagement Phase; North Palm Desert Park, currently in the Conceptual Design heading into Schematic Phase; and recently provided On-Call Traffic/Transportation Engineering and Building Safety Plan Check and Inspection Services. Key Personnel: Gianno Feoli, Nicole Jules, and Joe Indrawan DOWNTOWN SPECIFIC PLAN // CITY OF SAN DIMAS, CA CLIENT CONTACT: LUIS TORRICO, PLANNING MANAGER, 909.394.6208, LTORRICO@SANDIMASCA.GOV Interwest and Arcadis are assisting the City of San Dimas with the preparation of its first Downtown Specific Plan. The new Specific Plan will help establish a planning and zoning framework for encouraging innovative, transit-oriented development in the downtown area while preserving the historic character of the district. During the planning process, new housing, retail, employment, and hospitality uses in the downtown area will be proposed in conjunction with a new Metro light rail line and transit station opening in 2025. Several opportunity sites within walking distance of the transit station will allow significant potential for infill development and adaptive reuse of existing underutilized properties in the downtown. Creating a strong community identity and sense of place, with design guidelines for buildings and the public realm, will also be a key outcome of the process. Key Personnel: Nick Pergakes, AICP; Jennifer Williams; Lexie Abrahamian CITY OF HOPE CAMPUS SPECIFIC PLAN // CITY OF DUARTE, CA Client Contact: Jason Golding, Planning Manager, 626.357.7931 x 231, goldingj@accessduarte. com The City of Hope Cancer Research Center is a medical campus that was established in 1913 and is today regarded as a global pioneer for cancer research. The City of Hope Specific Plan provides a comprehensive framework for the long-term growth and development of the 115-acre campus. The specific plan, adopted in Fall 2018, will provide the City of Hope the ability to implement its long-term vision while meeting the community-wide goals of the cities of Duarte and Irwindale. Several new buildings, including medical, office, research, hotel, and parking structures, will be built and phased in over the next 20 years with streetscape improvements, open space, and sustainable design. Adopted in October 2018. Key Personnel: Nick Pergakes, AICP MULTI-FAMILY ZONING CODE UPDATE // CITY OF COVINA, CA CLIENT CONTACT: Brian Lee, AICP, 626.384.5450, blee@covina.gov Interwest assisted the City of Covina with an update of the City’s multi-family zoning district to meet many recent state housing legislation changes. The project, funded by SB 2, included updating the RD zoning district to make it easier to use, and provide more guidance on producing Missing Middle housing types, such as bungalow courts and mansion apartments. The project also helped remove impediments to housing production and make it easier for developers to make it through the City’s approval process. Interwest also prepared Objective Design Standards for developers to use for a ministerial review process under SB 35. This includes Objective Design Standards for neighborhood compatibility, massing, articulation, materials, site design, open space, and accessory site elements. The new Objective Design Standards include both written and illustrative standards to be incorporated into the updated zoning code and design guidelines. Key Personnel: Paul Junker; Nick Pergakes, AICP, Nancy Fong, AICP 33 658 10THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan ZONING CODE, SUBDIVISION REGULATIONS AND DESIGN GUIDELINES UPDATE // CITY OF IRWINDALE, CA CLIENT CONTACT: Marilyn Simpson, AICP, City Planner, 626.430.2209, msimpson@irwindaleCA.gov The City of Irwindale adopted its first Zoning Code in 1966 and has only been amended incrementally over the past 50 years. Previously, the City had relied on the County’s zoning that existed prior to incorporation. Numerous amendments happened over time, which have led to inconsistencies and complicated the Code’s organization. The Code is being updated to not only incorporate current best practices, industry standards, and legal mandates, but also to comply with the City’s General Plan and be internally consistent and user-friendly. Interwest is also assisting the City with preparing Objective Design Standards, as well as updating its subdivision regulations, ADU ordinance, and commercial and industrial design guidelines. Interwest is updating the City’s design guidelines to implement Irwindale’s design objectives for commercial and industrial development. The guidelines will convey to the reader Irwindale’s expectations for high-quality development that helps realize the vision for the City of Irwindale and strengthens the character of the community. The new design guidelines will also address the public realm ,including streetscapes and amenities to contribute to enhancing the character and identity of the City, including signage, lighting, landscaping, parking, streetscapes, and open space/public areas. Key Personnel: Nick Pergakes, AICP; Rick Smeaton, AICP; Liz Golden, AICP ZONING CODE UPDATE AND DESIGN STANDARDS // CITY OF RANCHO CORDOVA, CA CLIENT CONTACT: Darcy Goulart, Planning Manager, 916.851.8784, dgoulart@ cityofranchocordova.org The City of Rancho Cordova retained Interwest to update its Zoning Code and development standards in its Folsom Boulevard Specific Plan. These updates will establish consistency with current state law requirements, facilitate housing development and create objective development standards for housing and mixed-use projects. Bisected by an RT Light Rail corridor and Folsom Boulevard, the core of Rancho Cordova is well situated to accommodate higher-density residential and mixed-use projects. This planning effort will provide a clear template for such development (Objective Design and Development Standards) and will explore changes to regulations such as development intensity and parking requirements to facilitate high-quality, higher-density development. The Folsom Boulevard Specific Plan provides land use regulation for much of the core of Rancho Cordova and Interwest will amend provisions of the Specific Plan as needed to ensure compatibility with the new Zoning Code regulations. As a parallel effort, the City is developing prototypes for higher-density residential and mixed-use development. Interwest is supporting this effort by ensuring draft regulations and development prototypes are consistent. We are also assisting the City in exploring policy options for amending its General Plan and development fee structure to facilitate higher-density residential and mixed-use development. The GP and fee amendments will be conducted in a future phase of work. Key Personnel: Paul Junker; Nick Pergakes, AICP ZONING CODE UPDATE // COUNTY OF SAN BENITO, CA CLIENT CONTACT: Arielle Goodspeed, Principal Planner 831.902.2547, agoodspeed@cosb.com Interwest and Arcadis worked with County staff to prepare a comprehensive update to the San Benito County Zoning Code. The Zoning Code was last updated in 1984, and prior to that date had last been substantially revised in 1966. As a result, the Code today is outdated and poorly organized, with topics and issues scattered in a way that makes it very difficult to use and interpret. In addition to reorganizing and rewriting the Code, Interwest’s scope of work includes making revisions to implement the County’s 2015 General Plan and to reflect recent changes in state legislation, including housing. The scope of work included updating the County’s ADU ordinance, preparing Multi-Family Objective Design Standards, and other topics. Funded by a State of California grant, the Update began in October 2020 and was adopted in June 2022. Key Personnel: Nick Pergakes, AICP; Eric Norris 34 659 11THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan CONNECT SOUTHWEST LA: A TOD SPECIFIC PLAN // LOS ANGELES, CA CLIENT CONTACT: Leon Freeman, 213.974.6404, freeman@planning.lacounty.gov Los Angeles County is working on a new neighborhood plan for the area between Los Angeles Southwest College and Metro’s Green Line Vermont / Athens Station. Connect Southwest LA seeks to improve access to transit, housing, and jobs, while creating a healthier, safer environment for walking and biking. The Connect Southwest LA plan is based on significant public outreach and input from residents, county agencies, adjacent cities, and other stakeholders. It contains zoning and land use standards, urban design guidelines, a mobility strategy, an economic development strategy, and a capital improvement plan. *Nick Pergakes served as Project Manager for this project while with a previous/past consulting firm in 2019. 35 660 Firm Staffing and Key Personnel C 36 661 13THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan C. Firm Staffing and Key Personnel 1. Staffing and 2. Key Personnel We pride our success in effective communication. We are committed to a “no surprises” approach built upon presenting ideas, asking questions, and identifying and addressing issues early on in the process. We propose options, seek direction, and implement solutions in close coordination with the City. We welcome this opportunity to help maintain the quality of life and unique character that makes the City a desirable community, and we believe our planning team will provide superior resources for meeting your immediate needs and long-term goal. Led by Principal Planner, Nick Pergakes, the Interwest Planning group stands ready and capable to provide the City of Palm Desert with the expert-level service our clients have come to expect from Interwest and our team members. We possess extensive professional capabilities which allow us to innovate, create, and implement effective solutions with your agency, all while keeping the community’s interests in mind. Summaries of qualifications and experience for the proposed seven (7) key Interwest staff are provided below and detailed résumés for all proposed staff are included in the Appendix. All proposed staff will be working for the City. Nick Pergakes, AICP PROJECT MANAGER // PRINCIPAL PLANNER Nick is an AICP-certified planner with more than 20 years of experience in land use planning, urban design, placemaking, and zoning/form-based codes. He has worked in both the public and private sectors as an urban planner, urban designer, project manager, and team manager. Nick has overseen and prepared award-winning master plans, specific plans, corridor studies, and zoning/form-based codes in cities across California and the Southeastern United States. Recent highlights of his work include writing Objective Design Standards for the cities of Corning, Covina, and Rancho Cordova; and managing the Downtown Specific Plan in San Dimas, CA. As a member of the American Planning Association and Congress for New Urbanism, Nick regularly presents at conferences on placemaking, transit-oriented development, and zoning/form-based codes. His research has been published by ITE and the Washington State Department of Transportation. • City of San Dimas Downtown Specific Plan | San Dimas, CA / Project Manager • Medium Density Residential Site Planning and Design Concepts | Rio Vista, CA / Project Manager • City of Hope Campus Specific Plan / Duarte, CA / Project Manager • Pasadena General Plan Implementation Program / Pasadena, CA / Project Manager • Connect Southwest LA: A TOD Specific Plan for West Athens-Westmont / Los Angeles County, CA / Project Manager • Palmdale to Burbank Station Area Planning, California High-Speed Rail / Southern California / Project Manager • Zoning Code and Design Guidelines Update / Irwindale, CA / Project Manager • Multi-Family Zoning Code Update and Objective Design Standards / Covina, CA / Principal Planner / Urban Designer • Zoning Code Update and Objective Design Standards / Rancho Cordova, CA / Project Manager • Zoning Code Update and Objective Design Standards / San Benito County, CA / Deputy Project Manager RECENT PROJECT EXPERIENCE Project Manager & Primary Point of Contact 37 662 14THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan Richard is an experienced Land Use Planner with a demonstrated history of California land use and environmental project management. Richard will support the Interwest team as a subconsultant and will use his expertise in Environmental Documentation (CEQA/NEPA) and Zoning Code. Additionally, Richard is experienced in Land Use, Environmental Law (CFR/PRC), Site Design, and Legal Research. Richard is a strong community and social services professional with more than 24 years of experience. Richard Walker PRINCIPAL PLANNER Kurt has over 30 years of experience in planning and urban design, having served as lead designer and project manager on assignments ranging from site-specific landscape design to area-wide planning studies. He has worked both domestically and internationally, particularly in Asia, where he has participated in both new community and infill master planning projects. Kurt Nagle, AICP, ASLA PRINCIPAL PLANNER Project Support Team Samina has seven years of diverse experience spanning architecture, urban and transportation planning, ecological design, and sustainable development She has been serving as a contract planner for municipal clients in the bay area where she adeptly handles various planning tasks, from processing entitlements to assisting with land use and zoning code inquiries. Samina’s expertise extends to research, project management, streamlining planning processes, and presenting discretionary applications at public meetings. Her experience provides her with a deep understanding of various urban planning and urban design projects, making her a valuable asset to a team. Samina Merchant ASSISTANT PLANNER Emily has over 20 years of experience in local government and public utilities. She has worked in both the public and private sectors in land development, managing engineering projects for plan check and inspection, as a project manager for capital improvement design engineering, and has worked on multiple capital campaigns for government affairs within the public utility space. Emily has spearheaded efforts for the adoption of engineering design standards, grading ordinances, general and specific plan updates, and has developed multi-faceted solutions for permit processing systems and municipal GIS databases. She is experienced in developing effective and engaging public outreach campaigns, grant writing, process development, and creating policy. She has managed a variety of projects working with Indigenous tribes in California to adopt water quality measures through the EPA, developing utility and power strategies, and assisting with a casino expansion project. Emily Stadnik SENIOR ENGINEER Alex Camacho has Bachelor’s degree in Civil Engineering and a combined eight years of professional experience in Transportation and Construction Engineering. Alex is an Engineer-In-Training, working towards his professional license. Alex Camacho TRAFFIC ENGINEER 38 663 15THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan 3. Team Organization Organizational Chart Our committed team members will provide exceptional service to the City of Palm Desert. The Interwest team will be led by Project Manager/Principal Planner, Nick Pergakes, AICP. As the primary contact to the City, Nick will work with our Professional-in-Charge, and the Interwest project team to complete all services required by the project on-time, on/under budget, and with a few disruptions as possible. Our team structure is as follows: Kurt Nagle, AICP, ASLA, Principal Planner Richard Walker, Principal Planner Samina Merchant, Associate Planner Emily Stadnik, Senior Engineer Alex Camacho, Traffic Engineer CITY OF PALM DESERT INTERWEST PLANNING TEAM PROJECT MANAGER / PRINCIPAL PLANNER Nick Pergakes, AICP 39 664 16THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan 4. Subcontractors Interwest Consulting Group will not be partnering with subconsultants for this opportunity, as our team can provide the requested services. 5. Disclosure Interwest Consulting Group has not previously performed work for a City of Palm Desert private property owner or developer over the past year. 40 665 Proposed Method to Accomplish Work D 41 666 18THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan D. Proposed Method to Accomplish Work 1. Project Understanding The City of Palm Desert is looking to update its University Neighborhood Specific Plan (“UNSP”) to meet recent policies and programs in the City’s updated Housing Element, while creating a sustainable, unique, and vibrant district. Creating opportunities for new residential development in the specific plan area, planning for additional parks and open space, and creating a community gathering space are key goals of this project. Public outreach for the update of the UNSP will be important to ensure public input and feedback is received during the updating the Specific Plan. Purpose of Updating the University Neighborhood Specific Plan The City of Palm Desert recognizes the need for thoughtful and strategic urban design and planning. The UNSP was adopted in 2016 and contains approximately 400 acres intended for development of a new, mixed-use, walkable community adjacent to planned campuses for California State University San Bernardino and the University of California Riverside. The overall goal is to provide a variety of housing options, business opportunities, and open space that stimulate residential and commercial activity and economic development. The update will focus on evaluating existing and potential land uses, analyzing circulation and infrastructure conditions, developing land use regulations, and implementing objective design standards to promote high-quality residential development that fits the scale and neighboring uses within the project area. Goals and Objectives In addition, primary objectives to be achieved through the UNSP update are: • Ensure consistency with the General Plan Land Use, Housing Element, Open Space and Circulation Element and/or consider making the Specific Plan the effective land use document over the project area. • Engage and inform the public and existing Plan area residents about transit-oriented design concepts, provide a potential update to development standards and the general UNSP update process through a comprehensive community involvement strategy. This strategy will gather significant resident input from a variety of Palm Desert residents and incorporate this input into the UNSP updated policies and design guidelines. • Revise land use plan and policy framework to transition from significant commercial use requirements to increased housing density and development, while also allowing other neighborhood supportive uses such as retail and office mixed-use throughout the Plan area. 42 667 19THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan • Improvement of motorized, non-motorized, and transit connectivity between the Plan Area, and existing and future commercial and residential areas (and circulation infrastructure) in and adjacent to Palm Desert city boundaries (as feasible). • Development of objective design standards which promotes walkable and livable environments, while being compatible with surrounding existing development within the Specific Plan area. • Prepare development and subdivision standards that promotes walkable environments and incorporates policies of the General Plan. • Prepare the necessary CEQA documentation for the update of the Specific Plan, building on the adopted Environmental Impact Report, as appropriate. Key Considerations During the University Neighborhood Specific Plan update, the following factors will be taken into account: a. Community Input: Engage with the local community, stakeholders, and residents throughout the planning process to gather valuable insights and feedback. Consider the public’s preferences and concerns while evaluating and updating the University Neighborhood Specific Plan. b. General Plan and other Document Consistency: Ensure that the updated Specific Plan aligns seamlessly with the City of Palm Desert’s General Plan such as the Land Use Element, Circulation Element, Open Space Element, and Housing Element. The University Neighborhood Specific Plan should complement the broader vision of the City’s growth and development. During the update, we will ensure that internal documents are consistent with UNSP Design Guidelines. Furthermore, we will review and update the adopted Environmental Impact Report (EIR) while updating the UNSP, and ensure new traffic impacts are analyzed along with the updated uses. c. Provision of Open Space: Redistribute open space to include a new Regional Park (approximately 30-40 acres) in the Specific Plan area. Ensure connectivity between the existing and proposed open space areas, and provide additional guidelines for areas between the park site and adjacent planning areas. d. Land Use and Density Changes to Accomdate New Uses: Review General Plan land use designations and potential densities. Include two, 5-acre sites (120 units each site) for affordable housing per City’s 6th Cycle Housing Element. Consider viable area for a major grocery store, and examine height limits and compatibility of new development with neighboring single-family residential sites. e. Mobility and Circulation Improvements: • Examine how to make streets function better and allow for multi-modal movement • Focus on making “Complete Streets” for creating safe and walkable environments. • Provide a circulation network that is highly connected and continuous with adjacent existing or planned development within the UNSP. • Create pedestrian networks that connect walkways in the interior and exterior of public and private properties. • Consider and evaluate the possibility of paired one-way streets through the Specific Plan area. f. Economic Viability: Evaluate the economic feasibility of the proposed plan, including potential impacts on property values, business growth, traffic, and local economy to create a sustainable and thriving University Neighborhood. g. Regulatory Compliance: Comply with all relevant local, state, and federal regulations while updating the Town Center Specific Plan. This includes adhering to the latest California zoning laws, building codes, and environmental guidelines. 43 668 20THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan Palm Desert University Neighborhood Specific Plan Update Scope of Services TASK 1 | PROJECT INITIATION AND ADMINISTRATION Interwest will engage in project administration activities as needed to ensure delivery of the highest quality project in a timely fashion, including on-going monitoring of the schedule and budget. Additionally, our team will coordinate and regularly meet with City of Palm Desert Staff and other key stakeholders. TASK 1.1 KICK-OFF MEETING Interwest will participate in a “Kick-Off Meeting” for the project. The intent of this meeting is to accomplish the following: 1) introduce and identify the roles of key members of the consultant team, City Staff, and other stakeholders as appropriate; 2) establish reporting protocols; 3) discuss project objectives, issues, and opportunities; 4) confirm project schedule and work program, and review outreach methods and timing; and 5) identify and transmit pertinent documents and studies, and other relevant data to the Interwest Team. TASK 1.2 FIELD TOUR OF STUDY AREA The Interwest Team will join key City Staff (and other stakeholders as appropriate) in an initial field tour of the University Neighborhood area, as well as surrounding areas to gain a holistic understanding of the physical and environmental context. It is recommended that this field tour is coordinated with the Kick-Off Meeting. TASK 1.3 PLAN AND POLICY REVIEW Interwest staff will review the existing University Neighborhood Specific Plan, as well as other relevant City policy and regulatory documents to understand the existing site and area conditions of the University Neighborhood area. We will also review the tentative and final maps for TR37056 to understand the number of units and densities that have been entitled to date under the existing University Neighborhood Specific Plan. TASK 1.4 PROJECT STATUS MEETINGS AND ADMINISTRATION Interwest will coordinate and regularly consult with City Staff to review progress and ensure that necessary information and documentation are shared and incorporated into the work product in a timely manner. For this task, Interwest will participate in bi-weekly meetings virtually with City Staff to assess progress and direct forthcoming work. Additionally, we will participate in conference calls as needed to track progress and coordinate efforts 1.1 DELIVERABLES: • Kick-Off Meeting Participation • List of Data Needs • Agenda and Meeting Summary 1.2 DELIVERABLES: • Initial Field Tour with City Staff • Follow-up Site Reconnaissance as necessary to record key site conditions 1.3 DELIVERABLES: • Plan and Policy Review Memo 1.4 DELIVERABLES: • Project Status Meetings (virtual) • Agendas and Meeting Summaries 44 669 21THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan TASK 2 | COMMUNITY ENGAGEMENT Interwest will actively incorporate engagement with key stakeholders and the broader community into the planning process to ensure that we have a full understanding of the issues and potential opportunities in the UNSP area. Engagement activities and facilitation will include up to three (3) community workshops, as well as other innovative methods to gain input on the plan from members of the community. TASK 2.1 DEVELOP COMMUNITY ENGAGEMENT STRATEGY Interwest will actively incorporate engagement with key stakeholders and the broader community into the planning process to ensure that we have a full understanding of the issues and potential opportunities in the UNSP area. Engagement activities and facilitation will include a project website and community workshops, as well as other innovative methods to gain input on the plan from members of the community. A Community Engagement Strategy memorandum will be prepared and provided to City staff for their review and input prior to getting underway with the outreach efforts. TASK 2.2 PROJECT WEBSITE Interwest will develop and provide background and meeting information, maps, and reports related to the project for a project specific webpage. The project webpage will be part of the City’s website. City staff will post information and keep the site current, with updated content provided by Interwest. TASK 2.3 COMMUNITY WORKSHOPS Interwest will work with City Staff to facilitate three (3) community workshops. The overall intent is to inform the community about the project; achieve an updated consensus vision for the UNSP area; allow for their valuable feedback and evaluation of concepts and recommendations; and build support for the final UNSP document. TASK 3 | OPPORTUNITY SITE ANALYSIS AND ALTERNATIVE LAND USE ANALYSIS TASK 3.1 OPPORTUNITIES & CONSTRAINTS ANALYSIS Interwest will synthesize our site reconnaissance, document review and evaluation, and other inputs (e.g., web-based research, City staff inputs, etc.) into diagrams/maps with summary text that 1) communicate our understanding of the project site and its context, and 2) clarify physical development opportunities and constraints. 2.1 DELIVERABLES: • Community Engagement Strategy memorandum (electronic copy) 2.3 DELIVERABLES: • Community Workshops; attendance and lead facilitation at a maximum of two (2) workshops • Collateral / Communications Materials as appropriate (e.g., PowerPoint presentations, exhibits, etc.) • Community Workshop Summaries presented in memo format 3.1 DELIVERABLES: • Opportunities & Constraints Analysis Diagrams 2.2 DELIVERABLES: • Project webpage content and materials 45 670 22THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan TASK 3.2 ALTERNATIVE LAND USE SCENARIOS Following the initial meetings and outreach, Interwest will develop up to two (2) land use alternatives for the UNSP area. The scenarios will be developed to support bus transit as well as to facilitate safe pedestrian and bicycle travel. The land use alternatives will promote development of a healthy, walkable district with easy access to services in the surrounding area. Revisions to the development standards or incorporation of form-based regulations may be considered in the update of the UNSP document. The alternatives will consider information prepared through the planning process and from the community outreach. Residential, commercial, office, mixed-use, and open space land uses will be analyzed and strategically placed to maximize community connectivity and create a level of synergy between adjacent single-family residential neighborhoods. The alternatives should consider information generated through the previous analysis in Task 3.1. TASK 3.3 PRESENTATION OF LAND USE AND CIRCULATION ALTERNATIVES Interwest will present the alternatives to City staff for review, feedback, and possible refinement prior to presentation at a community workshop. Interwest will utilize different community outreach methods techniques to understand participants’ preferences. This may result in a clear preference for one alternative or in a hybrid concept which combines components of each. TASK 4 | PREFERRED LAND USE ALTERNATIVE TASK 4.1 PREPARATION OF A PREFERRED LAND USE ALTERNATIVE Based on input received from the City staff, and the public, Interwest will develop a preferred land use alternative which will serve as a basis for the draft UNSP. The preferred alternative will be presented to City staff for review and feedback. The community will also be asked to respond to the preferred plan at a community workshop. Input received will be used to refine the alternative and develop the draft UNSP document. Once the preferred alternative is finalized, an analysis of future development in the UNSP area will be prepared showing the number of housing units, non-residential floor area, population and employment figures in a future year (such as 2045). A study session with City Council will be held to review the preferred land use plan alternative diagram with proposed buildout analysis. 3.2 DELIVERABLES: • Display graphics illustrating the alternative land use and circulation plans with a combination of drawings, diagrams, sketches, and/or visual simulations • Land Use and Circulation Alternatives Memorandum 3.3 DELIVERABLES: • Presentation materials for community workshops • Attendance at Community Workshop #1 4.1 DELIVERABLES • Preferred land use plan alternative diagram and other graphics as necessary • Preferred land use plan memo with buildout analysis table • Study session with City Council and meeting summary • Presentation materials for Community Workshop #2 • Attendance at Community Workshop #2 46 671 23THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan TASK 5 | INFRASTRUCTURE DEVELOPMENT AND SERVICES PLAN TASK 5.1 INFRASTRUCTURE DEVELOPMENT AND SERVICES PLAN Interwest shall prepare a conceptual Infrastructure Development and Services Plan to determine infrastructure needed to support land uses and improvements identified in the preferred alternative, as well as to meet the needs of CEQA. The analysis shall describe infrastructure conditions and improvements needed to support the UNSP in terms of water, wastewater, storm drainage (including low impact development), electricity, gas, cable, telephone service, internet/fiber, transportation, and parks. Interwest will analyze existing versus future development for improvements so future costs can be appropriately attributed. In addition, increased demand for public services such as transit, schools, police, and fire required to serve the UNSP area will be identified. TASK 6 | FINAL TOWN CENTER SPECIFIC PLAN AND ADOPTION TASK 6.1 PREPARATION OF DRAFT UNIVERSITY NEIGHBORHOOD SPECIFIC PLAN UPDATE Interwest will prepare a draft updated Specific Plan, which will serve as the City’s long range, comprehensive land use, circulation, and implementation plan for guiding development within the plan area boundaries. The UNSP shall contain the following components: • Introduction. An overview of the UNSP, the contents of the plan, and how it meets state laws will be in the first chapter of the document. In addition, a description of the planning process to develop the Plan and the role the public played in creating the Plan will be included. • Land Use/Housing. Description of land use designations, including number of residential units, potential square footage of mixed use and or neighborhood-serving retail development, and employment generating land uses will be provided. Revisions to development standards or implementation of form-based code regulations will reviewed and updated as needed to implement the preferred land use plan. • Objective Design Standards. The University Neighborhood Specific Plan will need to be updated with new objective development and design standards to be in compliance with the Housing Authority Act (HAA), SB 35, and SB 330. Interwest has the experience and track record of creating and implementing objective design and development standards with communities across California. • Transportation and Mobility. The plan will include a description of circulation for motor vehicles, transit, bicycles, and pedestrians. New streets, paired one-way streets, trails/paths, and connections will be evaluated and recommended. Policies regarding complete streets and the circulation element of the General Plan shall also be included. • Public Services. The plan will include information about services and infrastructure needed to implement the updated Plan. This should include specific policies regarding utilities, public safety, parks. • Implementation Plan. Identifies actions and strategies for Plan implementation, including a rough budget estimate. Infrastructure improvements needed for Plan implementation will also be discussed. 5.1 DELIVERABLES • Infrastructure Development and Services Memorandum 47 672 24THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan An administrative draft UNSP document shall be prepared for review by City staff. Comments received shall be incorporated into the public review draft Specific Plan. The draft UNSP document shall then be presented to the Planning Commission at a public workshop and then to City Council at a Study Session to present the final draft and accept any remaining comments and requested changes. TASK 7 | GENERAL PLAN AND ZONING CODE AMENDMENTS TASK 7.1 GENERAL PLAN AND ZONING CODE AMENDMENTS Interwest and City staff will evaluate properties within the UNSP project boundaries to determine which sites would need General Plan land use amendments and rezoning based on the preferred alternative developed in Task 5. Some of the sites may be identified as part of the Housing Element update (6th cycle) and will be determined whether the existing land use designations will be utilized. Interwest and City staff will work to incorporate any text within the General Plan. TASK 8: ENVIRONMENTAL ANALYSIS TASK 8.1 PREPARATION OF ENVIRONMENTAL DOCUMENT The proposed project is an update to the University Specific Plan that was previously analyzed by the General Plan Update & University Specific Plan EIR. Although some changes or additions to the EIR may be necessary to more fully describe and address the specifics of the proposed University Specific Plan project, the project appears to meet the requirements for an Addendum, unless any of conditions pursuant to CEQA Guidelines Section 15164 would apply. Initial Study Checklist Approach: Interwest will utilize the latest City-preferred version of an Initial Study template for the CEQA analysis, appropriate for use with an EIR Addendum, to document whether or not an Addendum to the General Plan Update & University Specific Plan EIR is appropriate and applicable for the proposed project. The Initial Study will address the following issues pertaining to each CEQA Checklist question: • The General Plan Update and University Specific Plan EIR significance conclusions for each potential impact (i.e., Less than Significant, LTS with Implementation of Mitigation Measures, or Significant and Unavoidable). • The Project’s relationship to the General Plan Update & University Specific Plan EIR findings (either Equal or Less Severity, or a Substantial Increase in Severity). • Applicable mitigation measures and Conditions of Approval, and; • The Project’s resulting level of significance. • 6.1 DELIVERABLES • Administrative Draft Specific Plan • Public Review Draft Specific Plan • City Council Study Session #2, including attendance and facilitation, and all necessary meeting materials • City Council Study Session #2 summary • Presentation materials for Community Workshop #2 • Attendance at Community Workshop #2 7.1 DELIVERABLES • List of properties, and associated maps, requiring General Plan land use designation amendments, and to what designation they will be amended (maps must be compatible with ESRI Geographic Information Systems) • List of General Plan text amendments • List of properties, and associated maps, requiring UNSP rezoning, and to what designation they will be amended (maps must be compatible with ESRI Geographic Information Systems) • List of Zoning Code text amendments 48 673 25THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan The proposed project may meet the requirements for an Addendum pursuant to CEQA Guidelines Sections 15162, 15164, and 15168 to the extent it can be demonstrated with substantial evidence that: 1) the Project’s impacts were addressed in the General Plan Update and University Specific Plan EIR, and 2) that the Project would not generate a new environmental impact or a substantial increase in the severity of an environmental impact previously identified in the prior General Plan Update & University Specific Plan EIR. No Supplemental or Subsequent EIR would then be required. Interwest will review all technical studies including AQ/GHG, Biological Resources, Cultural Resources, Transportation Impacts (analyze VMT and LOS), and Water Supply Assessment. If required, we will coordinate with technical consultants to complete necessary corrections and revisions to technical studies. In addition, Interwest will initiate tribal consultations in compliance with SB 18 and AB 52. Interwest will prepare the draft Initial Study (IS) in compliance with the 2024 CEQA Statute and Guidelines and analyze the broad-scale environmental impacts of the updated Specific Plan, including: Land Use Consistency and Compatibility, Population, Housing and Employment, Transportation and Circulation, Air Quality, Energy/Climate Change, Water Usage, and Cultural Resources. Once the draft Initial Study has been reviewed by City staff, it will be revised to address City department comments, and provide all additional deliverables as determined by the review of the draft IS. A meeting will be held by Interwest and City staff to review the technical report findings and draft IS to determine whether the project impacts, as documented in the draft IS, can demonstrate that no new significant effects will result from the project (inclusive of required mitigation measures), or that the project’s potentially significant impacts have already been fully disclosed and evaluated in the prior General Plan Update & University Specific Plan EIR. A draft and final EIR Addendum in compliance with the 2024 CEQA Guidelines sections 15162, 15164 and 15168 will be prepared. Interwest will deliver to all agencies on the City’s CEQA contact list and deliver to all individuals requesting notice. All comments received will be compiled and a final EIR Addendum will be prepared with Mitigation Monitoring and Reporting Program (MMRP). Interwest staff will attend one Planning Commission meeting to approve the project and EIR Addendum. A Notice of Determination (NOD) will be prepared and filed with the Office of Planning and Research (OPR) and County Clerk. 8.1 DELIVERABLES • Draft and Final Initial Study and any appendices (Word & PDF) • Administrative draft EIR Addendum (Word and PDF format) • Public Review Draft Final EIR Addendum, including response to comments and MMRP draft environmental analysis and response to comments (Word & PDF format) • Notice of Determination (Word & PDF format) 49 674 26THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan TASK 9: PRESENTATION AND ADOPTION OF DRAFT UNSP AND ENVIRONMENTAL DOCUMENT TASK 9.1 ADOPTION HEARINGS AND PREPARATION OF FINAL UNSP DOCUMENT Interwest, in collaboration with City staff, will assist in preparing the Planning Commission and City Council packet materials. This may include the staff report, PowerPoint presentation, resolutions and ordinances. Interwest will also present the draft Specific Plan update, and any necessary environmental analysis, at public hearings before the Planning Commission and City Council. Interwest shall make any final revisions to the Specific Plan and environmental analysis based on changes recommended by the City Council. 9.1 DELIVERABLES • Planning Commission staff report and PowerPoint presentation • Presentation of Draft UNSP update at one (1) Planning Commission hearing • City Council Staff Report and PowerPoint presentation • Presentation of draft UNSP update at first City Council public hearing 50 675 27THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. City of Palm Desert, CA | 2023 - RFP - 203 | Proposal for University Neighborhood Specific Plan Timeline Interwest has a successful track record of completing complex projects on schedule. Our proposed schedule for the project (shown on the page directly following) anticipates completing the entire scope of work within approximately 12 months. Interwest believes this schedule is both realistic and in keeping with the priority the City has placed on this project. We will be happy to work with City staff to revise this schedule as needed before and during the update process. Over years of managing projects similar to this project, Interwest staff has developed a variety of tools to keep projects on schedule and ensure that staff are well informed at all times: • We maintain an up-to-date schedule throughout the project to ensure that all team members are aware of upcoming meetings and product due dates. • We stay in close, regular contact with staff and our subconsultants and document important decisions about the project in writing, which ensures that decisions are understood by all team members. • We schedule project due dates for staff with adequate time for editing and formatting into finished reports. • We prepare monthly status reports for submittal regarding progress on the preparation of specific plan updates. 51 676 Schedule for Completion City of Palm Desert UNSP - Revised Schedule 11.20.24 Ta s k s N D J F M A M J J A S O N D Scope of Services Task 1: Project Initiation & Administration TASK 1 COMPLETE 1.1 Project Kick-Off Meeting TASK COMPLETE 1.2 Field Tour of Study Area TASK COMPLETE 1.3 Plan & Policy Review TASK COMPLETE 1.4 Project Status Meeting and Administration ON-GOING TASK Task 2: Community Engagement TASK 2 2.1 Develop Community Engagement Strategy TASK COMPLETE 2.2 Project Website ON-GOING TASK 2.3 Community Workshop No. 1 TASK COMPLETE 2.4 Community Workshop No. 2 & Optional No. 3 2.5 Council Study Sessions No. 1 and Optional No. 2 Task 3: Opportunity Site Analysis & Alternaitve Land Use Analysis TASK 3 COMPLETE 3.1 Opportunities & Constraints Analysis TASK COMPLETE 3.2 Document Review & General Plan Best Practices TASK COMPLETE 3.3 Presentation of Land Use & Circulation Alternatives TASK COMPLETE Task 4: Preferred Land Use Alternative TASK 4 4.1 Preparation of Preferred Land Use Alternative - Land Use Plan + Build-Out Analysis 4.2 Preparation of Preferred Land Use Alternative - Mobility Plan 4.3 Preparation of Preferred Land Use Alternative - Open Space Plan Task 5: Infrastrcucture Development & Service Plan TASK 5 5.1 Infratructure Development & Services Plan Task 6: Draft UNSP Update TASK 6 6.1 Draft Introduction Chapter 6.2 Draft Development Framework Chapter 6.3 Draft Public Realm Design Chapter 6.4 Draft Private Realm Development Regulations & Standards Chapter 6.5 Draft Private Realm Design Standards & Guidelines Chapter 6.6 Draft Infrastructure Chapter 6.7 Draft Implementation Chapter 6.8 Administrative Draft UNSP Update 6.9 Public Review Draft UNSP Update 6.10 City Council Study Session Task 7: General Plan & Zoning Code Amendments TASK 7 7.1 General Plan Amendments - Mapping & Text List 7.2 Zoning Code Amendments - Mapping & Text List Task 8: Environmental Analysis TASK 8 8.1 Technical Studies 8.2 Tribal Consultation 8.3 Initial Study &CEQA Determination 8.4 Draft EIR Addendum 8.5 Final EIR Addendun w/ Mitigation Monitoring 8.6 Notice of Determination Task 9: Preesentation & Adoption of UNSP Update & Environmental Document TASK 9 9.1 Adoption Hearing - Planning Commission 9.2 Adoption Hearing - City Council 9.3 Final UNSP Documentation 2025 52 677 EXHIBIT "C" COMPENSATION In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino-Ontario, CA. (SEE FOLLOWING PAGE) 53 678 Cost Proposal Nick Pergakes Kurt Nagle Samina Merchant Richard Walker Emily Stadnik Alex Camacho Total Number of Hours Labor Cost Per Task Role Specific Plan PM, Principal Planner Principal Planner, Assistant PM Associate Planner CEQA PM, Principal Planner Senior Engineer Traffic Engineer Hourly Rate 180$ 175$ 135$ 175$ 175$ 135$ Hours Per Task Task 1. Project Initiation and Administration Subtotal 60 60 20 20 8 8 176 29,980$ Task 2. Community Engagement Subtotal 40 50 60 12 10 0 172 27,900$ Task 3. Opportunity Site Analysis and Alternative Land Use Analysis Subtotal 32 44 60 4 4 24 168 26,200$ Task 4. Preferred Land Use Analysis Subtotal 30 50 50 2 4 16 152 24,110$ Task 5. Infrastructure Development and Service Plan Subtotal 8 8 16 8 60 12 112 18,520$ Task 6. Draft University Specific Plan Update Subtotal 80 120 160 2 2 40 404 63,100$ Task 7. General Plan and Zoning Code Amendments Subtotal 16 20 24 0 0 0 60 9,620$ Task 8. Environmental Analysis Subtotal 16 8 4 140 12 24 204 34,660$ Task 9. Presentation and Adoption of Draft UNSP and Environmental Document Subtotal 40 50 40 30 4 8 172 28,380$ Grand Total Hours 282 360 394 188 100 124 1448 Fee Total 50,760$ 63,000$ 53,190$ 32,900$ 17,500$ 16,740$ 262,470$ Reimbursable Expenses*15,000$ Supplemental EIR Technical Studies 32,500$ Grand Fee Total 309,970$ *Reimbursable expenses include travel, mileage, printing, or other associated costs with the project. Palm Desert University Neighborhood Specific Plan Update RFP Interwest Consulting Group 54 679 680 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 12, 2024 PREPARED BY: Eric Ceja, Director of Economic Development SUBJECT: REBRANDING OF THE PALM DESERT IHUB TO AN ENTREPRENEURIAL RESOURCE CENTER RECOMMENDATION: 1. Approve the rebranding of the Palm Desert iHUB to the Entrepreneurial Resource Center. 2. Authorize the City Manager to execute any necessary documents to effectuate the rebranding. BACKGROUND/ANALYSIS: On November 21, 2021, the City of Palm Desert opened the Palm Desert iHUB located at 37023 Cook Street, Suite 102, to attract technology-based entrepreneurial startup businesses and promote the creation of high-wage jobs. The City currently leases the space through August 2026, with an option for a seven (7) year lease renewal. Initially, the facility was operated by the Coachella Valley Economic Partnership (CVEP). In January 2024, the California State University San Bernardino (CSUSB) School of Entreprene urship (the “School”) assumed operations of the facility. Since taking over, the School has been active in developing new programs, obtaining new funding, and expanding outreach and resources to a broader range of entrepreneurs in the Coachella Valley. Recently, the School obtained an additional $330,000 in grant funding from Riverside County Office of Economic Development to expand program operations at the facility. Legal Review: This report has been reviewed by the City Attorney’s Office. Strategic Plan: 1. Economic Development - Priority 1: “Expand job and business creation opportunities” 2. Economic Development - Priority 4: “Expand and raise awareness of business-friendly services in order to retain and attract business.” Appointed Body Recommendation: The City Council subcommittee on the Palm Desert iHUB met on November 19, 2024, to discuss the rebranding and recommended approval of the name change to the Entrepreneurial Resource Center. Project Description: The “iHUB” designation is administered by the California Governor’s Office of Business and Economic Development through the Office of the Small Business Advocate (CalOSBA). Today, there are 13 institutions across the State with the iHUB designation. At the time the Palm Desert 681 City of Palm Desert Rebranding of the Palm Desert iHUB to Entrepreneurial Resource Center Page 2 of 2 iHUB was established, CVEP was operating the Palm Springs iHUB, and the State allowed the City to use the iHUB designation as CVEP was operating both facilities; however, the State never officially recognized the Palm Desert location as a State iHUB. The Inland Empire Center for Entrepreneurship (IECE) at CSUSB, has been active in finding suitable partners and locations to develop “Entrepreneurial Resource Centers ” in both San Bernardino and Riverside County. Recently, the IECE successfully partnered with Riverside County Office of Economic Development (RCOED) and the City of Temecula to open a second “ERC” in the region. IECE, in trying to brand the ERC and promote a well-rounded and well- resourced center for Inland Empire entrepreneurs, proposes to rebrand the “Palm Dese rt iHUB” as the “ERC Palm Desert.” As the State does not recognize the Palm Desert iHUB as an official State iHUB and given that consistent branding throughout the region benefits entrepreneurs seeking business recourses, staff recommends that the City Council approve of the name change of the facility. FINANCIAL IMPACT: There are no financial impacts to the City for the rebranding of the facility. ATTACHMENT: 1. Rebranding Collateral 682 Riverside County Office of Economic Development Inland Empire Center for Entrepreneurship at CSUSB City of Palm Desert PALM DESER T P ALM DESER T P ALM DESER T 683 PALM DESER T Riverside County Office of Economic Development Inland Empire Center for Entrepreneurship at CSUSB City of Palm Desert riverside countyoffice of economic development 684 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 12, 2024 PREPARED BY: Richard D. Cannone, AICP, Development Services Director SUBJECT: ADOPT A POLICY (DS-001) FOR NOTIFYING HOMEOWNER ASSOCIATIONS AS PART OF THE BUILDING PERMIT PROCESS RECOMMENDATION: Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A POLICY (DS-001) FOR NOTIFYING HOMEOWNER ASSOCIATIONS AS PART OF THE BUILDING PERMIT PROCESS”. BACKGROUND/ANALYSIS: Homeowner Associations (HOAs) play an integral role in maintaining neighborhood standards by overseeing common area upkeep, exterior improvements, and adherence to Covenants, Conditions & Restrictions (CC&Rs). These CC&Rs, established during subdivision development, ensure consistency in standards such as paint color, roofing materials, architecture, and landscaping. To better support the City’s HOAs, staff presented a draft policy to the City Council on October 10, 2024. The Council requested that staff obtain feedback from HOAs on whether a 10 -day notice period was sufficient for action when needed. Subsequently, staff met with representatives from the Silver Spur Ranch HOA to discuss a revised policy that includes a 30- day notice period, which the HOA agreed was appropriate. Notifications were then sent to HOAs citywide, inviting them to a workshop held on November 18, 2024, to discuss the revised policy and gather further inpu t. Approximately 12 HOA representatives attended the workshop, providing additional feedback, including: Notification for interior renovations in shared-wall units: Specific to Marrakesh Country Club, where HOA approval is required. Updated mapping needs: Palm Desert Country Club HOA committed to providing an updated map identifying homes under their jurisdiction. Revised Process for Building Permit Applications Requiring HOA Approval If HOA approval is determined necessary, staff will implement the following procedures: 1. Immediate Notification: Staff will notify the HOA in writing upon receipt of an application, using the attached form. 2. 30-Day Resolution Period: If no resolution is achieved, the permit will be issued 30 days after the HOA was notified. This period allows the applicant and HOA sufficient time to address any concerns. 685 City of Palm Desert HOA Building Permit Notification Policy Page 2 of 2 3. Follow -Up on HOA Concerns: If an HOA representative contacts Development Services staff, staff will inform the applicant and encourage them to work directly with the HOA to resolve any issues. 4. Documented HOA Feedback: The HOA’s response must be signed and dated by an authorized representative (e.g., President, Vice President, or Architectural/Landscape Committee Chair) and include specific references to the plans, including the date, to prevent misunderstandings should revised plans be submitted. The following types of building permit applications will not require adherence to this policy: Interior modifications to habitable structures with no exterior impact (except for shared- wall units) Accessory Dwelling Units (ADUs) Solar panels or battery storage systems HVAC replacements (existing locations only) Electrical panel upgrades Water heater replacements (existing locations only) This revised policy aims to streamline the approval process while maintaining strong collaboration between HOAs, applicants, and the City. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no financial impact directly associated with this action. ATTACHMENTS: 1. Resolution a. Exhibit A – Policy No. CC DS-001 2. Presentation 686 RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A POLICY (DS-001) FOR NOTIFYING HOMEOWNER ASSOCIATIONS AS PART OF THE BUILDING PERMIT PROCESS WHEREAS, the City of Palm Desert (“City”) is governed, in part, by its Charter, Municipal Code, and adopted City Council Policies; and WHEREAS, Homeowner Associations (HOAs) are set up in many areas of the City to provide for such things as common area maintenance and improvements, control of individual exterior improvements, and to provide consistency with the Covenants, Conditions & Restrictions (CC&Rs); and WHEREAS, the CC&Rs were set up when the subdivision first developed and provide guidelines to ensure that certain standards such as paint color, roof composition, and architectural and landscape treatment are continually met, and WHEREAS, the City supports the many HOAs and seeks to establish uniform guidelines to notify HOAs that certain building permits have been applied for, if an HOA approval is not submitted with the building permit; and WHEREAS, the City Council of the City of Palm Desert, California, on December 12, 2024, considered adopting a policy for notifying homeowner associations as part of the building permit process; and WHEREAS, the City Council of the City of Palm Desert, California, has determined that the proposed policy, is consistent with the General Plan and applicable state law; and WHEREAS, the intent of this policy is to supplement, but not supersede, any existing laws or policies on this subject matter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California as follows: SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Council hereby adopts Policy No. CC DS-001, a Policy for Homeowner Association Notification attached hereto as Exhibit “A”. 687 ADOPTED ON______________________2024 ________________________________ JAN HARNIK MAYOR ATTEST: __________________________________ ANTHONY J. MEIJA 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 688 CITY OF PALM DESERT DEVELOPMENT SERVICES DEPARTMENT Subject Homeowner Association Involvement - Building Permit Process Policy No. CC DS - 001 Date Issued: December 12, 2024 Approved by Resolution No. 2024- Authored by Richard D. Cannone, AICP, Director I. Intent It is the intent of this policy to facilitate understanding of the need for homeowner association (HOA) approvals and establish the process by which these approvals must be obtained when they are not included with a building permit application. The City, through its planning approval process, establishes and reviews development covenants, conditions and restrictions (CC&R's). Many of the development requirements are incorporated into the various land use and zoning codes, architectural controls and CC&R's. It should be clear that our role as Staff is to support the HOA. Given this understanding, the following policy guidelines are established in conjunction with the need for HOA approval. This policy is meant to supplement, but not supersede, any existing laws or policies on this subject matter. This policy is a fluid document that may be updated and revised, from time-to-time as needed, to adapt to the needs of both the community and the City. II. Policy A. If it is determined that a building permit application is subject to HOA approval and HOA approval was not included as part of the application, it will be checked against the latest copy of the HOA boundary map maintained by the Planning Division to determine if the property listed on the application is located within an HOA boundary. B. If it is determined that HOA approval is required, Staff shall do the following: 1. Notify the HOA immediately in writing, by filling out and sending the attached form, that an application has been submitted. 2. If there is no resolution of the issue(s), the permit shall be issued thirty (30) days from the date the HOA was notified. This 30-day period is to permit time for the Applicant or HOA to resolve issues or allow time for the HOA to take any actions required should resolution not be achieved. 3. Should an HOA representative contact Development Services Staff either verbally or in writing, Staff will contact the Applicant and inform them of the HOA's concerns and strongly encourage the Applicant to work out any concerns with the HOA. C. The letter from the HOA must, at a minimum, be dated and signed by an authorized representative of the HOA’s board, such as the President, Vice President, Architectural Exhibit “A” 689 City of Palm Desert Policy DS-001 Page 2 Committee President and/or Landscape Committee President. Specific reference should be made to the plans and date of plans, to avoid misunderstanding should a revised set be submitted. As board members change quite frequently and official letterhead is not always available, Staff shall do its best to ascertain authenticity of the approval letters, such as checking against latest City HOA listing. Beyond this, the City is not in a position to track and maintain lists of each authorized HOA representative and therefore accepts the written representations supplied by the Applicant. D. Plan revisions shall be at the judgment of the plan reviewer if further HOA approval is needed. Generally, only major revisions or revisions that would change approved construction materials or aesthetic treatment need to be resubmitted by the Applicant for HOA approval. E. The City’s request for HOA approval as part of a building permit application does not supersede any requirements set forth in any applicable Municipal Code section, General Plan, Building Code standards, or state law. Lack of HOA approval will not necessarily result in rejection of the permit application. III. Exemptions The following building permit applications shall be exempt from this policy: Any interior modifications to habitable structures that do not have an impact on the structures' exteriors (except for shared-wall units). Accessory Dwelling Units Solar Panels or battery storage HVAC Replacement (Existing location only) Electrical Panel upgrades Water Heater Replacement (Existing locations only) IV. Appeals This policy, and any decisions made thereunder, shall be appealable to the City Manager. 690 City of Palm Desert Policy DS-001 Page 3 SAMPLE "A" [DATE] TO: ATTN: HOA Representative(s) SUBJECT: Permit Application No.: Address: The Applicant, [NAME], has applied to the City of Palm Desert Building Division to install the below-described improvements. The City will hold the permit application until [MONTH/DAY] , [YEAR] (30 days from the date of this notice), to permit the Homeowners Association to resolve any outstanding issues. Should the issues not be resolved by the above date, a permit will be issued on, [MONTH/DAY], [YEAR] (30 days from the above date). If you have concerns, please contact the Building Division. PROPOSED WORK: __________________________________ [STAFF NAME/PHONE NUMBER/EMAIL] 691 City of Palm Desert Policy DS-001 Page 4 SAMPLE "B" DO YOU NEED HOMEOWNER ASSOCIATION APPROVAL? Homeowner Associations (HOAs) are set up in many areas of the City to provide for such things as common area maintenance and improvements, control of individual exterior improvements, and to provide consistency with applicable Covenants, Conditions & Restrictions (CC&Rs). The CC&Rs were set up when the subdivision was first developed and provide guidelines to ensure that certain standards are continually met. Depending on the area in which you live, these standards can control the color of your unit, roof composition, architectural and landscape treatment, parking, etc. Consequently, the City supports the many HOAs and requires, in many instances as discussed below, HOA app roval prior to City issuance of permits. When is HOA approval needed? You need HOA approval whenever you live in an area controlled by a HOA and you are planning to do work that may change or modify exterior architecture, color, landscape, etc. When is HOA approval not needed? Generally, HOA approval is not required when you are doing any of the following: Any interior modifications to habitable structures that do not have an impact on the structures' exteriors (except shared-wall units). Accessory Dwelling Units Solar Panels or battery storage HVAC Replacement (Existing location only) Electrical Panel upgrades Water Heater Replacement (Existing locations only) What do I have to submit to the City? If HOA approval is required, you must submit a letter from your board, signed by an authorized representative, approving the changes you are proposing. What if I cannot get HOA approval? If you cannot obtain approval, the City will notify the HOA board and withhold permit issuance for thirty (30) days to allow the HOA time for input. 692 HOMEOWNER ASSOCIATION BUILDING PERMIT NOTIFICATION POLICY CITY COUNCIL DECEMBER 12, 2024 693 Building Permit Submitted -No HOA Sign Off Permit Submitted City notifies HOA that approval not provided Permit routed for review 30 Day (Cure) Period Permit Issued HOA requirements cannot supersede City’s adopted regulations 12/12/2024 HOA BUILDING PERMIT NOTIFICATION POLICY 2 694 12/12/2024 HOA BUILDING PERMIT NOTIFICATION POLICY 3 695 Exemptions Interior modifications that do not have an impact on the structures' exteriors (Except common-wall units) Accessory Dwelling Units Solar Panels or Battery Storage HVAC Replacement (Existing locations only) Electrical Panel Upgrades Water Heater Replacement (Existing locations only) 12/12/2024 HOA BUILDING PERMIT NOTIFICATION POLICY 4 696 Questions 12/12/2024 HOA BUILDING PERMIT NOTIFICATION POLICY 5 697 698 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 12, 2024 PREPARED BY: Randy Chavez, Deputy Director of Public Works Chris Gerry, Senior Project Manager SUBJECT: AWARD A CONTRACT TO CROSSTOW N ELECTRICAL AND DATA, INC., OF IRWINDALE, CALIFORNIA, FOR THE DINAH SHORE DRIVE CORRIDOR PROJECT (PROJECT NO. MST00001) RECOMMENDATION: 1. Award a contract to Crosstown Electric and Data, Inc., of Irwindale, California, for the Dinah Shore Drive Corridor Project in the amount of $295,783, plus a contingency of $30,000 for unforeseen conditions. 2. Authorize the City Attorney to make necessary nonmonetary changes to the Contract. 3. Authorize the City Manager to execute the agreement and any written requests for change orders, amendments, and any other documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 4. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the project . BACKGROUND/ANALYSIS: In April 2021, the City Council awarded a contract to Kimley Horn and Associates (Consultant) to evaluate the capacity and operations at 50 intersections. The task identified locations that are deficient based upon criteria including safety, level of service, and traffic operations. The study included the intersection of Monterey Avenue and Dinah Shore Drive. This intersection experiences high traffic volumes driven by demand from the retail stores and gas station. Conflicts between westbound traffic along Dinah Shore Drive are intensified by the difficulty of merging into the northbound lane (curb lane), which transitions from a southbound slip lane on Monterey Avenue, creating a high-risk zone for collisions. In fact, the intersection reported 57 collisions over a five-year period, revealing a pattern of safety challenges. In March 2023, the City Council amended its contract with the Consultant to incl ude the design of the Dinah Shore Drive Corridor Project (Project). The Project aims to improve traffic flow and safety along the corridor through updated lane striping, enhanced signage, and pedestrian crosswalks for greater visibility. Additionally, it includes traffic signal upgrades (including cabinets), optimized signal timing, and the installation of delineators to guide traffic and improve lane separation. The design also restricts westbound traffic from making right turns onto Carver Place, except from the curb lane. This approach aims to reduce traffic conflicts caused by vehicles making unsafe lane changes while turning right into the Costco gas station. Staff have also maintained ongoing communication with the City of Rancho Mirage and Costco representatives throughout the design process. Costco, being familiar with traffic challenges associated with their locations, has consistently been a cooperative partner in these discussions. 699 City of Palm Desert Dinah Shore Corridor Project Page 2 of 2 Staff will develop a comprehensive communication plan ahead of construction to coordinate stakeholder interests and ensure the community is effectively informed as well. On October 15, 2024, the project was advertised for proposals through the City’s bid management portal OpenGov (PROJECT ID: MST00001), and on November 14, 2024, received the following two bids electronically: Contractor Location Total Bid Crosstown Electrical and Data, Inc. Irwindale, CA $295,783.00 Econolite Systems, Inc. Anaheim, CA $326,388.00 Crosstown Electric and Data, Inc., submitted the lowest responsive bid. The bid has been reviewed and found to be in compliance with bid requirements. The references were contacted, and they confirmed the contractor has successfully completed projects of similar scope recently. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: The Dinah Shore Drive Corridor Project is included on the approved Fiscal Year 2024/25 Capital Improvement Project (CIP) List under Traffic Operation and Capacity Improvements. A total of $1,019,380.00 has been allocated from Measure A Account No. 2134250-5000907; therefore, there is no financial impact on the General Fund. The table below outlines the project’s funds and expenditures for FY 2024/25: Description Budget Contract Balance Account No. 2134250-5000907 $750,000 C41380 – Kimley Horn $269,380 $269,380 *Construction - Crosstown $295,783 *Contingency $30,000 Total $1,019,380 $595,163 $424,217 *Current request ATTACHMENTS: 1. Contract 2. Payment and Performance Bonds 3. Contractor’s Proposal 4. Vicinity Map 5. Project Overview 700 Contract No. ___________ 1 Revised 01-2024 BBK 72500.00001\32374943.1 CITY OF PALM DESERT CONTRACT FOR CONSTRUCTION This Agreement is made and entered into this 12th day of December, 2024, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260- 2578, (“City”) and Crosstown Electric and Data, a Corporation, with its principal place of business at 5454 Diaz Street, Irwindale, California, 91706 ("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: Dinah Shore Drive Corridor Project Project No. MST00001 (hereinafter referred to as “the Project”). Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation. ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 90 Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of TWO HUNDRED NINETY FIVE THOUSAND SEVEN HUNDRED EIGHTY THREE Dollars ($295,783.00). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule. ARTICLE 4. LIQUIDATED DAMAGES. Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,000.00 for each and every Day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not 701 Contract No. ___________ 2 Revised 01-2024 BBK 72500.00001\32374943.1 exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor. ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following: Notice Inviting Bids Instructions to Bidders Bid Forms Bid Acknowledgement Bid Schedule Bid Guarantee Designation of Subcontractors Information Required of Bidders Non-Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor DIR Registration Certification Performance Bond Payment (Labor and Materials) Bond Contract for Construction General Conditions Special Conditions Specifications Addenda Construction Plans and Drawings Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9 Standard Plans of the City of Palm Desert, latest edition Standard Plans for Public Works Construction, latest edition Caltrans Standard Specifications, latest edition, Except Division 1 Caltrans Standard Plans, latest edition California Manual on Traffic Control Devices for Streets and Highways (CAMUTCD), latest edition Work Area Traffic Control Handbook, latest edition Reference Specifications Approved and fully executed Change Orders Permits Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties. 702 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 Contract. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party. 703 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 I SO “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; 704 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. [Reserved.] 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 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. 705 Contract No. ___________ 6 Revised 01-2024 BBK 72500.00001\32374943.1 Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage. 5. City’s Rights of Enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract. 6. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. 7. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors. 8. Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 9. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 10. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) Day notice of cancellation (except for nonpayment for which a ten (10) Day notice is required) or nonrenewal of coverage for each required coverage. 706 Contract No. ___________ 7 Revised 01-2024 BBK 72500.00001\32374943.1 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. 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 707 Contract No. ___________ 8 Revised 01-2024 BBK 72500.00001\32374943.1 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] 708 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 CROSSTOWN ELECTRICAL AND DATA, 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 CROSSTOWN ELECTRICAL AND DATA, A CORPORATION By: David P. Heermance President By: Andrea Heermance Secretary Contractor’s License Number and Classification DIR Registration Number (if applicable) City Clerk QC: _____ Contracts QC: _____ Insurance: _____ Initial Review _____ Final Approval _____ Bonds 709 710 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 Crosstown Electrical and Data, Inc., (hereinafter referred to as the “Contractor”) an agreement for Dinah Shore Drive Corridor Project (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated December 12, 2024, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, Crosstown Electrical and Data, 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 Ninety Five Thousand Seven Hundred Eighty Three Dollars, ($295,783.00), 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 t he 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 711 Contract No. ___________ (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contra ct 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] 712 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. 713 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 714 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 715 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 December 12, 2024, has awarded to Crosstown Electrical and Data, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows: Dinah Shore Corridor Project (the “Project”).; and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated December 12, 2024, (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of Two Hundred Ninety Five Thousand Seven Hundred Eighty Three Dollars, ($295,783.00) 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 716 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] 717 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. 718 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 719 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 720 City of Palm Desert CP - Capital Improvement Projects Jess Culpeper, Director of Capital Projects 73-510 Fred Waring Drive, Palm Desert, CA 92260 [CROSSTOWN ELECTRICAL & DATA, INC.] RESPONSE DOCUMENT REPORT IFB No. MST00001 Dinah Shore Drive Corridor Project RESPONSE DEADLINE: November 14, 2024 at 2:00 pm Report Generated: Tuesday, November 19, 2024 Crosstown Electrical & Data, Inc. Response CONTACT INFORMATION Company: Crosstown Electrical & Data, Inc. Email: dave@crosstowndata.com Contact: David Heermance Address: 5454 Diaz St Irwindale, CA 91706 Phone: (626) 813-6693 Website: N/A Submission Date: Nov 14, 2024 1:35 PM (Pacific Time) 721 [CROSSTOWN ELECTRICAL & DATA, INC.] RESPONSE DOCUMENT REPORT IFB No. MST00001 Dinah Shore Drive Corridor Project [CROSSTOWN ELECTRICAL & DATA, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Dinah Shore Drive Corridor Project 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 MST00001 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. 722 [CROSSTOWN ELECTRICAL & DATA, INC.] RESPONSE DOCUMENT REPORT IFB No. MST00001 Dinah Shore Drive Corridor Project [CROSSTOWN ELECTRICAL & DATA, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Dinah Shore Drive Corridor Project 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 INT O THE CONTRACT DOCUMENTS. The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work. All blank spaces appearing in the Electronic Bid Schedule must be filled in. Failure to fill in any blank spaces may render the bid non-responsive. The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price. If the Contract Documents specify Alternate Bid items, the City can choose to include any, all, or none of the Alternate Bid items in the Work. If the City selects any of the Alternate Bid items, the corresponding Alternate Bid prices shall be added to or deducted from Base Bid Price for the Work. The City can award/select Alternate Bid items at any time(s). 723 [CROSSTOWN ELECTRICAL & DATA, INC.] RESPONSE DOCUMENT REPORT IFB No. MST00001 Dinah Shore Drive Corridor Project [CROSSTOWN ELECTRICAL & DATA, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Dinah Shore Drive Corridor Project 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. E-Bid Bond via Surety2000 (submitted electronically under E-Bid Bond) 4. E-Bid Bond Please enter your Bid Bond information from Surety2000 below ONLY IF YOU ARE NOT SUBMITTING A HARD COPY BID BOND, CASH, OR CASHIER'S CHECK. Bond ID: SCA1108444017 Vendor ID: 19225 5. Enter Surety Company "Name" who Issued Bid Guarantee * This information will be verified against the California Department of Insurance Website. FIDELITY AND DEPOSIT COMPANY OF MARYLAND Click to Verify Value will be copied to clipboard 724 [CROSSTOWN ELECTRICAL & DATA, INC.] RESPONSE DOCUMENT REPORT IFB No. MST00001 Dinah Shore Drive Corridor Project [CROSSTOWN ELECTRICAL & DATA, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Dinah Shore Drive Corridor Project Page 5 6. DESIGNATION OF SUBCONTRACTORS* Please download the below documents, complete, and upload. • DESIGNATION_OF_SUBCONTRACTO... AD_-_DESIGNATION_OF_SUBCONTRACTORS.pdf 7. BIDDER INFORMATION AND EXPERIENCE FORM* Please download the below documents, complete, and upload. • BIDDER_INFORMATION_AND_EXPE... BIDDER_INFORMATION_AND_EXPERIENCE_FORM.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, 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 indirec tly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, prof it, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnersh ip, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does exec ute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 725 [CROSSTOWN ELECTRICAL & DATA, INC.] RESPONSE DOCUMENT REPORT IFB No. MST00001 Dinah Shore Drive Corridor Project [CROSSTOWN ELECTRICAL & DATA, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Dinah Shore Drive Corridor Project 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 registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information. No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current 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. 1000000155 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. 726 [CROSSTOWN ELECTRICAL & DATA, INC.] RESPONSE DOCUMENT REPORT IFB No. MST00001 Dinah Shore Drive Corridor Project [CROSSTOWN ELECTRICAL & DATA, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Dinah Shore Drive Corridor Project Page 7 756309 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 “Reg ulation”). I hereby certify, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct: The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. 14. Fleet Compliance Documentation* Please attach supporting documentation for the selection made in the above item. TRUCRS_Certificate_Crosstown_245202.pdf DOORS_Cert_-_Crosstown_Exp_2.28.2025.pdf Chrisp_CARB.pdf Chrisp_Off-Road.pdf Smithson_Doors-CARB.pdf 15. Type of Business* C Corporation (if corporation, two signatures are required) 727 [CROSSTOWN ELECTRICAL & DATA, INC.] RESPONSE DOCUMENT REPORT IFB No. MST00001 Dinah Shore Drive Corridor Project [CROSSTOWN ELECTRICAL & DATA, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Dinah Shore Drive Corridor Project Page 8 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. CROSSTOWN ELECTRICAL & DATA, INC. Click to Verify Value will be copied to clipboard 17. How many years has Bidder’s organization been in business as a Contractor? * 26 YEARS 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 1) DAVID P. HEERMANCE PRESIDENT 5454 DIAZ ST., IRWINDALE, CA, 91706 DAVE@CROSSTOWNDATA.COM 626-813-6693 2) ANDREA HEERMANCE 728 [CROSSTOWN ELECTRICAL & DATA, INC.] RESPONSE DOCUMENT REPORT IFB No. MST00001 Dinah Shore Drive Corridor Project [CROSSTOWN ELECTRICAL & DATA, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Dinah Shore Drive Corridor Project Page 9 SECRETARY 5454 DIAZ ST., IRWINDALE, CA, 91706 AHEERMANCE@CROSSTOWNDATA.COM 626-813-6693 19. Nondiscrimination Certification* The City of Palm Desert is committed to promoting equal opportunity in its contracting activities. We ensure that all individuals seeking to do business with the city treat contractors, subcontractors, and employees fairly, without discrimination based on race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, g ender, gender identity, gender expression, sexual orientation, or membership in any other protected class. For any purchase exceeding $10,000, vendors must certify compliance with the City’s nondiscrimination policy (G.C. 3.30.200) before contract award. No contract will be awarded until the contractor submits this certification. By clicking the confirmation box below, the vendor certifies that they have read the code and agree to comply with its requirements. Failure to comply may result in termination of any agreement entered into with the vendor. Confirmed PRICE TABLES Line Item Description Quantity Unit of Measure Unit Cost Total 1 Dinah Shore Drive and Shoppers Lane Intersection Modifications 1 LS $73,245.00 $73,245.00 2 Dinah Shore Drive and Monterey Avenue Intersection Modifications 1 LS $222,538.00 $222,538.00 TOTAL $295,783.00 729 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 SMITHSON ELECTRIC, INC. 1938 E KATELLA AVE., ORANGE, CA 92867 614518 1000001610TRAFFIC LOOPS SIGNING & STRIPING CHRISP COMPANY 2280 SOUTH LILAC AVE., BLOOMINGTON, CA, 92316 374600 10000003067.65& OF TOTAL BID 2.19% OF TOTAL BID 730 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) 731 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: ________________________________ CROSSTOWN ELECTRICAL & DATA, INC. C-CORPORATION 5454 DIAZ STREET, IRWINDALE, CA, 91706 626-869-0192 626-813-6693 DAVE@CROSSTOWNDATA.COM 26 YEARS 26 YEARS NONE 10/13/1998 CALIFORNIA DAVID P. HEERMANCE ANDREA HEERMANCE BENJAMIN HEERMANCE 732 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 CROSSTOWN IS AN ELECTRICAL AND GENERAL CONTRACTOR FOCUSED ON INTELLIGENT TRANSPORTAION SYSTEMS, FIBER OPTIC COMMUNICATION, AS WELL AS CONSTRUCTION SUCH AS TRAFFIC SIGNAL INSTALLATION, STREET LIGHTING, VIDEO DETECTION, CONDUIT AND PULL BOXES. NO NO NEXTECH SYSTEMS, JANNA MCKHANN, 949-916-2664 - 13885 ALTON PARKWAY, STE. A, IRVINE, CA CSC/ANIXTER, SOCORRO LAZALDE, 714-670-5858 - 6251 KNOTT AVE., BUENA PARK, CA ETHERWAN SYSTEMS, STEVE FRANK, 714-350-1682 - 2301 E. WINSTON RD., ANAHEIM, CA 733 28314.00015\41921969.1 Project No. 2019-03 - 24 - SECTION 330 - BIDDER INFORMATION AND EXPERIENCE FORM B. LIST OF CURRENT PROJECTS (Backlog) [***Duplicate Page if needed for listing additional current projects.***] Project Description of Bidder’s Work Completion Date Cost of Bidder’s Work Contact Name & Phone COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS FURNISH & INSTALL CONDUIT, WIRELESS SYSTEMS, FIBER CABLE & COMMUNICATION EQUIPMENT ERIC COWLE 760-346-11274/2025 $88,704,608.00 CITY OF LOS ANGELES TRAFFIC SIGNAL INSTALLATIONS & MODIFICATION 5/2025 $10,314,023.95 CALTRANS 07-337804 FIBER AND COMMUNICATION 9/2024 $436,400.00 CITY OF RIVERSIDE CONDUIT, CONTROLLER REPLACEMENTS 11/2024 $1,994,740.00 LA COUNTY TSD001706, EAST LA CABLE, CONDUIT, TS 2/2025 $1,138,656.00 SANTA CLARITA, CITYWIDE FO UPGRADE FIBER, CONDUIT 1/2025 $3,289,432.00 SANTA ANA, FREMONT AND SPURGEON CONDUIT, PULL BOXES 10/2024 $470,565.00 LA COUNTY, LEFFINGWELL ROAD CONDUIT, PB, CABLE 12/2024 $1,320,987.00 IRVINE, BARRANCA PARKWAY TS MOD, CONDUIT, PB 11/2024 $2,182,311.00 BAKERSFIELD, ADVANCED TRAFFIC MGMT CONTROLLERS, COMM 12/2024 $2,300,000.00 RTE. 405 DESIGN/BUILD COMMUNICATION/ 10/2025 $2,860,000.00 FIBER/CCTV DESERT HOT SPRINGS, HSIP CYCLE 9 TS, CONDUIT, FIBER, PB'S 7/2024 $355,676 (ESTIMATED DATE) CESAR ROMO 661-286-4002 JOSE CASTELLANOS 951-826-5311 ARLENE TALKINGTON 323-518-4400 JFL ELISA RENTERIA 323-458-3112 EDGAR SANTANA 661-852-2120 DAVID WILTFONG, ONYX 714-632-6699 GGGGGGGGGGGGGGGGGGGGGGGGG 734 28314.00015\41921969.1 Project No. 2019-03 - 25 - SECTION 330 - BIDDER INFORMATION AND EXPERIENCE FORM C. LIST OF COMPLETED PROJECTS - LAST THREE YEARS [***Duplicate Page if needed for listing additional completed projects.***] Please include only projects that are similar in size, scope and complexity to the Work to demonstrate Bidder’s ability to perform the required Work. Work Client Description of Bidder’s Work Period of Performance Cost of Bidder’s Work Contact Name & Phone COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS FURNISH & INSTALL CONDUIT, WIRELESS SYSTEMS, FIBER CABLE & COMMUNICATION EQUIPMENT $21,504,505.68 ERIC COWLE 760-346-1127 CITY OF SANTA CLARITA FURNISH & INSTALL CONDUIT FIBER CABLE & COMMUNICATION EQUIPMENT $2,677,098.81 CESAR ROMO 661-286-4002 CITY OF LA HABRA CONDUIT, PULL BOXES, FIBER, COMMUNICATION EQUIPMENT $1,528,364.00 MICHAEL PLOTNIK 562-383-4151 08/2021 07/2023 07/2022 12/2022 COMPLETED 06/2021 DEPARTMENT OF TRANSPORTATION ON-CALL AND/OR SCHEDULED MAINTENANCE SUPPORT & REPAIR FOR THE TRAFFIC MANAGEMENT SYSTEM ELEMENTS, COMMUNICATION INFRASTRUCTURE, HUBS, & CABINETS IN DISTRICT 7&8, TO INCLUDE NECESSARY REPAIR, TESTING, SPLICING, RESTORATION TO MAINTAIN THE SYSTEM AS WELL AS MAINTAIN OUTSIDE PLANT INFRASTRUCTURE SUCH AS WIRELESS & FIBER OPTIC/COPPER COMMUNICATION. COMPLETED 11/2022 $882,804.00 DEAN CAMPBELL 916-859-7960 CITY OF BERVERLY HILLS VIDEO DETECTION & COMMUNICATION EQUIPMENT COMPLETED 09/2021 $1,409,504.00 MANU DHALIWAL 310-285-2452 CITY OF SAN DIMAS CONDUIT, PULL BOXES, FIBER, ETHERNET SWITCHES, COMMUNICATION EQUIPMENT COMPLETED 07/2021 $942,938.00 STEVE BARRAGAN 909-394-6247 CITY OF ANAHEIM INSTALL SUBSTRUCTURES & SECONDARY CABLES, REPLACE EXISTING STREET LIGHT POLES THAT ALLOW CELL ANTENNAS ON TOP OF POLES COMPLETED 10/2022 $356,855.00 JOHN THAI 714-765-5176 DEPARTMENT OF TRANSPORTATION ON-CALL AND/OR SCHEDULED MAINTENANCE SUPPORT & REPAIR FOR THE TRAFFIC MANAGEMENT SYSTEM ELEMENTS, COMMUNICATION INFRASTRUCTURE, HUBS, & CABINETS IN DISTRICT 7&8, TO INCLUDE NECESSARY REPAIR, TESTING, SPLICING, RESTORATION TO MAINTAIN THE SYSTEM AS WELL AS MAINTAIN OUTSIDE PLANT INFRASTRUCTURE SUCH AS WIRELESS & FIBER OPTIC/COPPER COMMUNICATION. COMPLETED 04/2023 $5,917,281.00 RICK ARROYO 213-793-9480 GGGGGGGGGGGGGGGGGGGGGGGGG 735 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. RICARDO AVILA - CONSTURCTION SUPERINTENDENT - 50% ALLOCATION STATE CERTIFIED ELECTRICAN, OSHA 10/30 CERTIFIED, TRENCH EXCAVATION TRAINED RICARDO AVILA - 15 YEARS OF CONSTRUCTION EXPERIENCE MR. AVILA HAS MANY YEARS OF EXPERIENCE SUPERVISING MULTIPLE CREWS FOR CONSTRUCTION AND ELECTRICAL INSTALLATIONS FROM START TO FINISH. HE IS EXCELLENT AT TROUBLESHOOTING AND SOLVING PROBLEMS, HE HAS IN-DEPTH KNOWLEDGE OF CONSTRUCTION CONCEPTS AND PROCEDURES AND IS ABLE TO SOURCE THE NECESSARY MATERIAL TO COMPLETE PROJECTS. HE HAS UTILIZED HIS EXPERIENCE IN THE INSTALLATION OF CONDUIT, PULL BOXES, FIBER CABLE, COPPER CABLE, TRAFFIC SIGNAL INSTALLATIONS AND MODIFICATIONS, AND HAS TRAINED DOZENS OF OTHERS USING HIS SKILLS AND KNOWLEDGE. 736 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: _______ NONE 737 eCPR Public Search Public Works Support Contractors Projects Register Log in Home Contractor Crosstown Electrical & Data, Inc. Crosstown Electrical & Data, Inc. Contractor Contractor business email aheermance@crosstowndata.com Contractor c ation eff date 2022-07-01 Contractor first name David Contractor mailing city IRWINDALE 738 Contractor mailing state CA Contractor mailing zip 91706 Contractor physical city Irwindale Contractor physical state CA Contractor physical zip 91706 Contractor certify date 2022-05-25 Contractor company type Corporation Contractor craft legacy Electrician; Laborer; Operating Engineer Contractor craft snow Contractor c ation exp date 2025-06-30 Contractor date deactivated Contractor dba name CROSSTOWN ELECTRICAL & DATA, INC. 739 Contractor entity number C2122963 Contractor ID 1000000155 Contractor last name Heermance Contractor mailing address2 Contractor physical address1 5454 Diaz Street Contractor physical address2 Contractor source SNOW Contractor wc cert date 2023-06-03 Contractor wc exp date 2024-06-03 Contractor wc policy number UB-7W504031 Contractor wc selection Insured by carrier Contractor legal entity name 740 Crosstown Electrical & Data, Inc. Contractor mailing address1 5454 DIAZ ST. Contractor wc carrier CROSSTOWN ELECTRICAL & DATA, INC. Checked Terms & Conditions Privacy Policy Disclaimer Nondiscrimination Notice Accessibility dir.ca.gov Copyright 2024 State of California 741 742 743 1/16/24, 8:09 AM ssl.arb.ca.gov/trucrs_reporting/cert14.php https://ssl.arb.ca.gov/trucrs_reporting/cert14.php 1/1 744 2/28/24, 9:02 AM California Air Resources Board: Off-Road Diesel-Fueled Fleets Regulation https://ssl.arb.ca.gov/ssldoors/doors_reporting/perm/php/certificate.php 1/1 January 1, 2024 CHRISP COMPANY 2/28/2025 17281 http://www.arb.ca.gov/doors/compliance_cert1.html 745 746 747 748 Vicinity Map Copyright nearmap 2015 City Boundaries Project Area 11/19/2024 0 0.1 0.20.05 mi 0 0.2 0.40.1 km 1:8,892 749 750 Attachment 5 - Project Overview Legend Traffic Flow Traffic Delineation New Equipment & Striping Crosswalk Improvements 751 752 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: December 12, 2024 PREPARED BY: Richard D. Cannone, AICP, Development Services Director SUBJECT: PUBLIC HEARING TO CONSIDER THE ISSUANCE OF TAX-EXEMPT BONDS BY THE CALIFORNIA PUBLIC FINANCE AUTHORITY IN SUPPORT OF FINANCING IMPROVEMENTS TO HAZELDEN BETTY FORD FOUNDATION'S HEALTH CARE FACILITIES RECOMMENDATION: 1. Conduct a public hearing under the Tax Equity and Fiscal Responsibility Act of 1982 and the Internal Revenue Code of 1986, as amended, and the related Treasury Regulations, on the proposed issuance of tax-exempt bonds by the California Public Finance Authority. 2. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA PUBLIC FINANCE AUTHORITY ON BEHALF OF HAZELDEN BETTY FORD FOUNDATION AND REQUESTING TO JOIN THE CALIFORNIA PUBLIC FINANCE AUTHORITY AS AN ADDITIONAL MEMBER.” BACKGROUND/ANALYSIS: The California Public Finance Authority (CalPFA) CalPFA was established in May 2015 under a Joint Exercise of Powers Agreement (JPA). Its purpose is to support economic, cultural, and community development by assisting l ocal governments, nonprofit organizations, and businesses with the issuance of taxable and tax - exempt bonds. These efforts aim to improve the standard of living throughout California. To date, more than 50 cities and counties have become members of CalPFA. The JPA establishes CalPFA as a public entity, separate from its member agencies. Consequently, the debts, liabilities, and obligations of CalPFA are not those of its members . Hazelden Betty Ford Foundation Request The Hazelden Betty Ford Foundation ("Hazelden") is a Minnesota nonprofit corporation that operates addiction and mental health treatment facilities throughout the United States, including approximately 15 properties within the City of Palm Desert. Hazelden has requested that CalPFA issue up to $45,000,000 in tax-exempt revenue bonds (the "Bonds"). Of the total amount, approximately $1,000,000 will be allocated specifically to their Palm Desert properties (the "Project") for the following purposes: Routine capital improvements to Hazelden facilities located at multiple addresses along Daisy Lane in Palm Desert, California. Payment of capitalized interest, if applicable. Covering issuance costs related to the Bonds. 753 City of Palm Desert TEFRA Public Hearing for Hazelden Betty Ford Page 2 of 2 Federal Requirements To qualify as tax-exempt bonds under federal law, the issuance must comply with the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA). As required by Section 147(f) of the Internal Revenue Code of 1986 and associated Treasury regulations, the City of Palm Desert must: 1. Conduct a public TEFRA hearing to allow community members to express their views about the use of tax-exempt bonds for this project. 2. Approve the issuance of the Bonds by adopting a resolution, as the project is within the City’s jurisdiction. City’s Responsibilities and Obligation The City’s involvement is limited to holding the TEFRA hearing and adopting a resolution (see Attachment A) to meet federal requirements. The attached resolution includes the following conditions: The Bonds will be solely the financial responsibility of Hazelden. The City will have no financial, legal, or moral obligation regarding the Bonds, the Project, or repayment. Clear disclaimers will be included in all bond-related documents, confirming that neither the City nor the State of California bears any liability for the Bonds. To proceed with the Bond issuance, the City of Palm Desert must conduct a TEFRA hearing and adopt a resolution approving the issuance of the Bonds by CalPFA. The City’s involvement is limited to these procedural steps, with no financial or legal obligations for the Project or the repayment of the Bonds. Notice of the TEFRA Hearing was provided in accordance with Section 147(f) of the Internal Revenue Code of 1986, and the associated Treasury Regulations. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no fiscal impact or liability to the City associated with the approval of this item. ATTACHMENT: 1. Draft Resolution 754 RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA PUBLIC FINANCE AUTHORITY ON BEHALF OF HAZELDEN BETTY FORD FOUNDATION AND REQUESTING TO JOIN THE CALIFORNIA PUBLIC FINANCE AUTHORITY AS AN ADDITIONAL MEMBER WHEREAS, Hazelden Betty Ford Foundation (the “Corporation”), a Minnesota nonprofit corporation and organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 (the “Code”), has requested that the California Public Finance Authority (the “Authority”), a political subdivision of the State of California organized under and pursuant to the provisions of Title 1, Division 7, Chapter 5 of the California Government Code, as amended (the “Act”), issue one or more series of health care facilities revenue bonds, in an aggregate principal amount not to exceed $45,000,000 (the “Bonds”), and loan the proceeds thereof to the Corporation to finance, among other purposes (a) the improvement of the Corporation’s facilities located at 74091, 74085, 74079, 74073, 74067, 74061, 74055, 74049, 74052, 74058, 74064, 74070, 74076, 74082 , and 74088 Daisy Lane, in Palm Desert, California (the “City”), including routine capital improvements (the “Palm Desert Project”); (b) payment of capitalized interest, if any, on one or more series of the Bonds; and (c) payment of issuance costs of the Bonds; and WHEREAS, proceeds of the Bonds in the approximate amount of $1,000,000 will be allocated to the Palm Desert Project; and WHEREAS, Section 147(f) of the Code requires that the issuance of the Bonds be approved by the applicable elected representative of each governmental unit having jurisdiction over the area in which the financed facility is located, after a publi c hearing following reasonable public notice; and WHEREAS, the Palm Desert Project is located within the territorial limits of the City; and WHEREAS, the members of this City Council are the applicable elected representatives of the City; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of the Joint Exercise of Powers Agreement relating to the California Public Finance Authority dated as of April 11, 2017 (the “Agreement”); and WHEREAS, the City now desires to become an Additional Member (as defined in the Agreement) pursuant to the provisions of the Agreement; and 755 2 WHEREAS, this City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Palm Desert, California approves as follows: SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City hereby requests to join the Authority as an Additional Member pursuant to the provisions of the Agreement. SECTION 3. It is the purpose and intent of the City Council, as the "applicable elected representative" of the governmental unit having jurisdiction over the area in which the Project is located, that this Resolution constitutes: (a) "issuer" approval and "host" approval of the issuance of the Bonds, for the purposes of Section 147(f) of the Code and the Treasury Regulations thereunder, and (b) approval of the issuance of the Bonds for the purposes of the Agreement. SECTION 4. The City hereby consents to and approves the issuance of the Bonds by the Authority, for the financing of the Palm Desert Project. It is the purpose and intent of the City Council that this resolution constitutes approval of the issuance of the Bonds by the Authority for the purposes of Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Palm Desert Project is located, in accordance with said Section 147(f). SECTION 5. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds. SECTION 6. The adoption of this Resolution shall not obligate the City or any department thereof to: (i) provide any financing with respect to the Palm Desert Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit, or other action necessary with respect to the Palm Desert Project; (iii) make any contribution or advance any funds whatsoever to the Authority or the Corporation; or (iv) take any further action with respect to the Authority or its membership therein, and the scope of the City’s membership in the Authority is limited to approval of the Palm Desert Project and the Bonds. SECTION 7. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to , and comply with the terms and intent of this resolution and the financing transaction approved hereby. SECTION 8. This resolution shall take effect immediately upon its adoption. 756 3 ADOPTED ON ____________________2024. ____________________ JAN HARNIK 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 757