Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Package - Palm Desert City Council - Regular Meeting_Apr10_2025
PALM DESERT CITY COUNCIL MEETING AGENDA Thursday, April 10, 2025 Closed Session 3:30 p.m.; Regular Session 4:00 p.m. Council Chamber, City Hall 73-510 Fred Waring Drive Palm Desert, California This is a joint meeting of the Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Palm Desert Housing Authority and the Palm Desert Board of Library Trustees. Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting allowing public access via teleconference or in person, and up to two Councilmembers may attend remotely. WATCH THE MEETING LIVE: Watch the City Council meeting live at the City’s website: www.palmdesert.gov under the “Meeting Agendas” link at the top of the homepage, or on the City's YouTube Channel. OPTIONS FOR PARTICIPATING IN THIS MEETING: If unable to attend the meeting in person, you may choose from the following options: OPTION 1: VIA EMAIL Send your comments by email to: CityClerk@palmdesert.gov. Emails received prior to 10:00 a.m. on the day of the City Council meeting will be made part of the record and distributed to the City Council. Emails will not be read aloud at the meeting. OPTION 2: LIVE VIA ZOOM Access via palmdesert.gov/zoom or zoom.us, click “Join Meeting” and enter Webinar ID 833 6744 9572. 1. OPTION 3: LIVE VIA TELEPHONE (213) 338-8477 and enter Meeting ID 833 6744 9572 followed by #.1. Indicate that you are a participant by pressing # to continue.2. During the meeting, press *9 to add yourself to the queue and wait for the City Clerk to announce your name/phone number. Press *6 to unmute your line and limit your comments to three minutes. 3. Pages 1.CALL TO ORDER - CLOSED SESSION - 3:30 P.M. 2.PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY This time has been set aside for members of the public to address the City Council on items contained only on the Closed Session Agenda within the three- minute time limit. Speakers may utilize one of the three options listed on the first page of this agenda. 3.RECESS TO CLOSED SESSION 4.CLOSED SESSION AGENDA The following items will be considered in closed session: 4.a Closed Session Meeting Minutes: March 27, 2025 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 4.c Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) (Number of potential cases: 1) 4.d Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) (Number of potential cases: 1) 5.ROLL CALL - REGULAR MEETING - 4:00 P.M. 6.PLEDGE OF ALLEGIANCE Mayor Pro Tem Trubee 7.INSPIRATION Mayor Harnik 8.REPORT OF CLOSED SESSION City Attorney Shah 9.AWARDS, PRESENTATIONS, AND APPOINTMENTS 9.a NATIONAL LIBRARY WEEK PROCLAMATION 9 9.b MCCALLUM THEATRE UPDATE 11 10.CITY MANAGER COMMENTS 11.MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Palm Desert City Council Meeting Agenda April 10, 2025 2 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 25 RECOMMENDATION: Approve the Minutes of March 27, 2025. 13.b APPROVAL OF WARRANT REGISTERS 35 RECOMMENDATION: Approve the warrant registers issued for the period 3/20/2025 to 4/3/2025. 13.c RATIFICATION OF LETTERS OF SUPPORT FOR CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO FUNDING REQUESTS FOR AN ARTIFICIAL INTELLIGENCE AND VIRTUAL REALITY RESEARCH AND RETRAINING CENTER AND REGIONAL ENTREPRENEURIAL RESOURCE CENTERS PROGRAM 75 RECOMMENDATION: Ratify letters of support for California State University, San Bernardino’s (CSUSB) Community Project Funding requests for the establishment of an Artificial Intelligence (AI) and Virtual Reality (VR) Research and Retraining Center and the Regional Entrepreneurial Resource Centers Program. 13.d RATIFICATION OF LETTER OF SUPPORT FOR PALM SPRINGS INTERNATIONAL AIRPORT INLINE BAGGAGE HANDLING SYSTEM AND TERMINAL EXPANSION PROJECT 81 RECOMMENDATION: Ratify the letter of support for the City of Palm Springs’ Community Project Funding request for the Palm Springs International Airport Inline Baggage Handling System and Terminal Expansion Project. Palm Desert City Council Meeting Agenda April 10, 2025 3 13.e LETTER OF SUPPORT FOR SENATE BILL 664 (OCHOA BOGH) AND MONITOR ASSEMBLY BILL 262 (CALOZA) 85 RECOMMENDATION: Direct staff to take a monitor position on Assembly Bill 262 (Caloza) – California Individual Assistance Act, allowing staff to track the bill as it progresses and return for further City Council consideration once a legislative analysis and fiscal impact are available. 1. Authorize the issuance of a letter of support for Senate Bill 664 (Ochoa Bogh) – Blue Envelope Program. 2. 13.f LETTER OF SUPPORT FOR SENATE BILL 346 (DURAZO) – TRANSIENT OCCUPANCY TAXES AND SHORT-TERM RENTAL FACILITATORS 99 RECOMMENDATION: Authorize the issuance of a letter of support for Senate Bill 346 (Durazo) relating to transient occupancy taxes and short-term rental facilitators. 13.g LETTER OF OPPOSITION TO SENATE BILL 79 (WIENER) –TRANSIT- ORIENTED DEVELOPMENT 111 RECOMMENDATION: Authorize the issuance of a letter of opposition to Senate Bill 79 (Wiener) relating to transit-oriented development. 13.h RESOLUTION ADOPTING ADMINISTRATIVE POLICY CLRK-003 - LEGISLATIVE AND INTERGOVERNMENTAL LETTERS 147 RECOMMENDATION: Adopt a resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING ADMINISTRATIVE POLICY CLRK-003 - LEGISLATIVE AND INTERGOVERNMENTAL LETTERS.” 13.i RESOLUTION ESTABLISHING THE PUBLIC AFFAIRS MARKETING PANEL AND CLARIFYING MEMBERSHIP ELIGIBILITY REQUIREMENTS AND APPOINTMENTS 153 RECOMMENDATION: Adopt a resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A PUBLIC AFFAIRS MARKETING PANEL TO BE ADVISORY TO THE PUBLIC AFFAIRS MANAGER AND RESCINDING RESOLUTION NO. 2025-012.” 13.j ACCEPTANCE OF A RESIGNATION FROM THE CIVIC ENGAGEMENT COMMITTEE 159 RECOMMENDATION: With regret, accept the resignation of Brooke Beare Stjerne from the Civic Engagement Committee. 13.k HOMELESSNESS TASK FORCE 2025 ANNUAL WORK PLAN 161 RECOMMENDATION: Approve the Homelessness Task Force's 2025 Work Plan. Palm Desert City Council Meeting Agenda April 10, 2025 4 13.l PUBLIC SAFETY COMMITTEE 2025 WORK PLAN 163 RECOMMENDATION: Approve the Public Safety Committee’s 2025 Work Plan. 13.m APPROVE CHANGE ORDER NO. 1 TO C47750 WITH WEST COAST ARBORISTS, INC., OF INDIO, CA, FOR ADDITIONAL ARBORICULTURAL SERVICES (PROJECT NO. MLS00026) 165 RECOMMENDATION: Approve Change Order No. 1 to C47750 with West Coast Arborists, Inc. of Indio, CA, for additional arboricultural services to increase compensation in an amount not to exceed $275,000; for a total annual amount of $1,389,125. 1. Authorize the City Attorney to make any necessary non-monetary changes to the agreement. 2. Authorize the City Manager to execute said Change Order.3. 13.n REJECT ALL PROPOSALS SUBMITTED FOR PUBLIC ART AND EL PASEO SCULPTURE MAINTENANCE SERVICES AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE AN INTERIM SCULPTURE MAINTENANCE AGREEMENT 197 RECOMMENDATION: Reject all proposals submitted for Public Art and El Paseo Sculpture Maintenance Services. 1. Authorize staff to solicit new proposals for these services.2. Authorize staff to negotiate and the City Manager to execute a six- month contract with Rice Construction from July 1, 2025, through November 30, 2025, to ensure continuity of service during the re- bidding process. 3. 13.o AWARD CONTRACT TO TRI-STAR CONTRACTING II, INC. FOR ON- CALL MAINTENANCE AND REPAIRS FOR PUBLIC STREETS AND SPACES (PROJECT NO. SST00001) 199 RECOMMENDATION: Award a Maintenance Services Agreement with Tri-Star Contracting II, Inc., of Desert Hot Springs, California, in the amount not to exceed $150,000 for FY 2024-25, and $500,000 annually thereafter for a 38-month term with the option of (2) additional one- year extensions. 1. Authorize the City Attorney to make necessary non-monetary changes to the agreement. 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. Palm Desert City Council Meeting Agenda April 10, 2025 5 13.p APPROVE AMENDMENT NO. 2 TO CONTRACT NO. C41450 WITH HINDERLITER, DE LLAMAS AND ASSOCIATES (HDL) TO CONTINUE BUSINESS LICENSE TAX AND FEES ADMINISTRATION 261 RECOMMENDATION: Approve Amendment No. 2 to Contract No. C41450 with HdL to extend the term for one (1) year. 1. Authorize the City Attorney to make any non-monetary changes to the agreement. 2. Authorize the City Manager or designee to execute any amendments to the agreement. 3. 13.q AMENDMENT NO. 1 TO CONTRACT NO. C47070 WITH FLOCK SAFETY FOREXPANSION OF AUTOMATED LICENSE PLATE RECOGNITION (ALPR) SYSTEM; APPROPRIATIONAND USE OF CITIZENS OPTION FOR PUBLIC SAFETY/SUPPLEMENTAL LAW ENFORCEMENTSERVICES FUNDS 301 RECOMMENDATION: Approve Amendment No. 1 to Contract No. C47070 with Flock Safety in the amount of $138,750 for the purchase and installation of 44 additional cameras. 1. Authorize appropriation in the amount of $133,000 from Fund 229- Public Safety Supplemental Law Enforcement Services Fund Balance (COPS/SLESF) to Account No. 2294210-4391400. 2. Authorize the City Manager to execute Amendment No. 1 and any necessary documents, and to make non-monetary modifications as needed. 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 CONSIDERATION OF APPROVING AN INTERIM CITY MANAGER EMPLOYMENT AGREEMENT 351 RECOMMENDATION: Approve the Interim City Manager Employment Agreement with Christopher Escobedo, effective March 24, 2025. 14.b PROVIDE DIRECTION ON LIBRARY FOUNDATION CONSIDERATIONS 355 RECOMMENDATION: Provide direction on City/Library Foundation considerations. 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. Palm Desert City Council Meeting Agenda April 10, 2025 6 15.a RESOLUTION AMENDING THE AMOUNT OF THE DUI DRIVER AND VEHICLE IMPOUND COST RECOVERY FEE PURSUANT TO CHAPTER 10.25 OF THE PALM DESERT MUNICIPAL CODE 383 RECOMMENDATION: Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE AMOUNT OF THE DUI DRIVER AND VEHICLE IMPOUND COST RECOVERY FEE PURSUANT TO CHAPTER 10.25 OF THE PALM DESERT MUNICIPAL CODE AND RESCINDING RESOLUTION NO. 2014-95.” 16.INFORMATION ITEMS 17.ADJOURNMENT Palm Desert City Council Meeting Agenda April 10, 2025 7 18.PUBLIC NOTICES Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated office for inspection of records in connection with this meeting is the Office of the City Clerk, Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda items considered in open session, and documents provided to a majority of the legislative bodies are available for public inspection at City Hall and on the City’s website at www.palmdesert.gov by clicking “Meeting Agendas” at the top of the page. Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the city will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible. AFFIDAVIT OF POSTING I, Michelle Nance, 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 April 10, 2025 8 WHEREAS, libraries spark creativity, fuel imagination, and inspire lifelong learning, offering a space where individuals of all ages can explore new ideas and be drawn to new possibilities; WHEREAS, libraries serve as vibrant community hubs, connecting people with knowledge, technology, and resources while fostering civic engagement, critical thinking, and lifelong learning; WHEREAS, libraries provide free access to books, digital tools, and innovative programming, ensuring that all individuals—regardless of background—have the support they need to learn, connect, and thrive; WHEREAS, there are a total of 16,568 public libraries in the United States. Nearly 100% of all public libraries provide free Wi-Fi and have no-fee access to computers; WHEREAS, libraries partner with schools, businesses, and organizations, maximizing resources, increasing efficiency, and expanding access to essential services, strengthening the entire community; WHEREAS, libraries empower job seekers, entrepreneurs, and lifelong learners by providing access to resources, training, and opportunities that support career growth, economic success, and enhanced quality of living; WHEREAS, libraries nurture young minds through story times, programs, and literacy initiatives, fostering curiosity and a love of learning that lasts a lifetime; WHEREAS, dedicated librarians and library workers provide welcoming spaces that inspire discovery, collaboration, and creativity for all; WHEREAS, libraries, librarians, and library workers across the country are joining together to celebrate National Library Week; NOW, THEREFORE, BE IT RESOLVED, that I, Jan C. Harnik, Mayor of the City of Palm Desert, on behalf of the entire City Council, proclaim April 6–12, 2025, National Library Week During this week, I encourage all residents to visit your library, explore its resources, and celebrate all the ways that the library draws us together as a community. 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 10th day of April 2025. 9 10 A N D T H E C I T Y O F P A L M D E S E R T R O B E R T M C C O N N A U G H E Y P R E S I D E N T /C F O K A J S A T H U R E S S O N -F R A R Y V I C E P R E S I D E N T - E D U C A T I O N 11 Q U I C K F A C T S McCallum Theatre FY 2024 August 1, 2023 - July 31, 2024 121 mainstage productions 126,687 community members, visitors, students, and educators 142 volunteers support the Theatre $9.8M in ticket sales income $19.4M annual operating budget McCallum Theatre in Palm Desert MCCALLUM IN COACHELLA VALLEY 12 Q U I C K F A C T S 16% of ticket sales — Palm Desert residents 38.36% — Coachella Valley residents (excl. Palm Desert) 44.9% — Visitors from outside the Coachella Valley $10.7M fundraising income $1.9M donated by Palm Desert residents $1.5M in tickets purchased by Palm Desert residentsStudents from McCallum’s East Valley Dance Project performing at 2024 Palm Desert Choreography Festival McCallum Theatre FY 2024 August 1, 2023 - July 31, 2024 COMMUNITY SUPPORT FOR THE MCCALLUM 13 Q U I C K F A C T S 40,000 students, educators, and community members 100 schools participate in The Field Trip Series In-depth partnerships with 29 public elementary schools across all 3 school districts in the Coachella Valley McCallum partners with every public elementary school in Palm Desert: Washington Charter School Ronald Reagan Elementary Abraham Lincoln Elementary James Carter Elementary Students attending McCallum Theatre programs on-campus and in-theatre McCallum Theatre FY 2024 August 1, 2023 - July 31, 2024 EDUCATION PROGRAMS 14 T H E C H I L D R E N O F W I L L E S D E N L A N E February 4-5, 2025, 3000 students and educators from schools across 4 different school districts, private schools, and homeschools in the Coachella Valley to four captivating performances of The Children of Willesden Lane by the incredible Mona Golabek. This inspiring one-woman show, featuring some of the world's greatest classical piano music, shared her mother’s riveting story of surviving the Holocaust and Nazism during World War II. McCallum Theatre February 2025 15 16 17 “The students had been reading the book and working with Ms. April, our McCallum Teaching Artist, for a few weeks. She was amazing with our students. They loved the book and found that the show and dramatization with the music really brought it to life for them. The Children of Willesden Lane was very valuable for us to explore because it was historical. My students loved the story of survival and real life coming of age struggles.” - Mary Dolan, 3rd Grade Teacher, Lincoln Elementary, Palm Desert “I believe that having the McCallum is such an enriching experience for children. I can touch the surface of the arts, but it is not my forte. It takes a team to provide such an in-depth experience that can only come from those who have studied the arts. I was struck by how much they were able to connect with the story through the classes provided by Ms.Holly, our McCallum Teaching Artist.” Michelle Veliz, 3rd Grade Teacher, Reagan Elementary, Palm Desert F E E D B A C K F O R T H E C H I L D R E N O F W I L L E S D E N L A N E 18 Q U I C K F A C T S PALM DESERT CHOREOGRAPHY FESTIVAL 2024 1 of 4 of Palm Desert’s annual festivals 103 festival submissions from choreographers around the world 20 finalists competed at the Festival 1,942 audience members attended East Valley Dance Project 157 students from Desert Mirage and Coachella Valley High School auditioned for the ensemble 45 students selected for the Ensemble to participate in the Palm Desert Choreography Festival Dancer performs at Palm Desert Choreography Festival November 9 - 10, 2024 19 E A S T V A L L E Y D A N C E P R O J E C T & P A L M D E S E R T C H O R E O G R A P H Y F E S T I V A L 2 0 2 2 20 Q U I C K F A C T S OPEN CALL TALENT PROJECT 2025 Community engagement project that nurtures local talent 163 community members auditioned 90 will participate in the production this May Ages 10 - 79 will be performing In 2024: 2,325 community members attended $67,100 in ticket sales $218,093 in sponsorshipsXimena Parra and Maya Munoz of Grupo Folklorio Tonantzin rehearse in the lobby for the 2024 McCallum Theatre Open Call Talent Project May 2 & May 3, 2025 21 M C C A L L U M T H E A T R E I N P A L M D E S E R T C L A S S R O O M S 22 T H A N K Y O U F O R L I S T E N I N G ! 23 24 Study Session of the Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, and Board of Library Trustees Minutes March 27, 2025, 2:45 p.m. Present: Mayor Jan Harnik, Councilmember Gina Nestande, Mayor Pro Tem Evan Trubee, Councilmember Karina Quintanilla, Councilmember Joe Pradetto 1. CALL TO ORDER - STUDY SESSION A Study Session of the Palm Desert City Council was called to order by Mayor Harnik on Thursday, March 27, 2025, at 2:47 p.m., in the Council Chamber, City Hall, located at 73- 510 Fred Waring Drive, Palm Desert, California. 2. STUDY SESSION TOPICS 2.a UPDATE ON THE HILLSIDE OBJECTIVE DESIGN STANDARDS PROJECT CASE NO. ZOA25-0001 Principal Planner Melloni introduced John Kaliski, of John Kaliski Architects, who narrated a PowerPoint presentation and responded to City Council inquiries. During the deliberations, individual Councilmember(s) offered commentary as follows. The points below do not necessarily reflect the City Council consensus. • Adopt objective standards for ridgeline protection. • Clearly define "excessive" cut/fill with objective standards. • Oppose new cluster development in the west hills. • Establish standards for viewshed protection. • Conduct a hillside tour for council members. • Clarify Fire Department requirements for property access. • Explore eliminating the existing precise plan and exceptions in the Hillside Planned Residential zone if no major environmental review is needed. • Provide background on State laws, including Senate Bill 9, and its applicability to charter cities. • Limit structure size in Hillside Planned Residential areas. • Encourage homeowners to focus on mountain views rather than valley views. • Assess the number of privately owned lots and their developability. • Determine if private property owners can build additional roads. • Evaluate the feasibility of prohibiting all hillside development. • Clarify if the ODS project applies to existing developments like Bighorn. • Recognize all mountains and open space as important within the City's influence. • Prohibit short-term rental structures in hillside areas. • Ensure architecture and landscaping complement the natural beauty of the desert. 25 City Council Study Session Minutes March 27, 2025 2 2.b UPDATE ON THE CITY SEAL REDESIGN PROCESS Management Analyst Powell presented a staff report and responded to City Council inquiries. 3. ADJOURNMENT The City Council adjourned the Study Session at 4:02 p.m. Respectfully submitted, _________________________ Michelle Nance Acting Assistant City Clerk, CMC/Assistant Secretary _________________________ Anthony J. Mejia, MMC City Clerk/Secretary 26 Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, and Board of Library Trustees Regular Meeting Minutes March 27, 2025, 3:30 p.m. Present: Mayor Jan Harnik, Councilmember Gina Nestande, Mayor Pro Tem Evan Trubee, Councilmember Karina Quintanilla, Councilmember Joe Pradetto 1. CALL TO ORDER - CLOSED SESSION - 3:30 P.M. A Regular Meeting of the Palm Desert City Council was called to order by Mayor Harnik on Thursday, March 27, 2025, at 4:02 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 Harnik adjourned to Closed Session at 4:03 p.m. 4. CLOSED SESSION AGENDA 4.a Closed Session Meeting Minutes: February 27, 2025 4.b Conference with Real Property Negotiations pursuant to Government Code Section 54956.8 Agency: City of Palm Desert City Negotiator: Chris Escobedo/Richard Cannone/Martin Alvarez Negotiating Parties: Blieu Companies Under Negotiation: Price and Terms 4.c Public Employee Performance Evaluation Pursuant to Government Code 54957 Employee: Interim City Manager 5. ROLL CALL - REGULAR MEETING - 4:00 P.M. 6. PLEDGE OF ALLEGIANCE Mayor Harnik led the Pledge of Allegiance. 7. INSPIRATION Councilmember 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. 27 Palm Desert City Council Regular Meeting Minutes March 27, 2025 2 9. AWARDS, PRESENTATIONS, AND APPOINTMENTS 9.a WATER CONSERVATION MONTH PROCLAMATION Mayor Harnik presented a Proclamation to Luis Moctezuma declaring April 2025 as Water Conservation Month. 9.b CRIME VICTIMS' RIGHTS WEEK PROCLAMATION Mayor Harnik presented a Proclamation to Katie Gilbertson, representing Riverside County District Attorney's Office, declaring April 6-12, 2025, as Crime Victims' Rights Week. 9.c YOUTH IN GOVERNMENT PRESENTATION BY FAMILY YMCA OF THE DESERT Milo Morrell, Skyla Marley, and Rylee Stendell, student representatives, provided an update on the YMCA Youth in Government Program. 10. CITY MANAGER COMMENTS 10.a SHERIFF DEPARTMENT UPDATE Lieutenant Porras from the Riverside County Sheriff's Office provided updates on e-bike rider safety and immigration enforcement scams and introduced two new deputies serving the Palm Desert area. 11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmembers provided updates on their attendance at various events. Councilmember Quintanilla, with the support of Mayor Harnik, requested that the City Council Subcommittee on Legislative Affairs consider supporting Senate Bill 664, Blue Envelope Program, and Assembly Bill 262, California Individual Assistance Act 12. NON-AGENDA PUBLIC COMMENTS Ken Seumalo, Indian Wells Director of Public Works, thanked the City Council and applauded staff for assistance with traffic control during the BNP Paribas Open event. Mike Morsch, Palm Desert resident, provided an update on South Coast Air Quality Management District’s (SCAQMD) proposed rules related to natural gas powered appliances. Rose Mary Ortega, Palm Desert resident, spoke on the Sister Cities Foundation participation in Palm Desert Food & Wine. 13. CONSENT CALENDAR Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande To approve the consent calendar as presented. Motion Carried (5 to 0) 28 Palm Desert City Council Regular Meeting Minutes March 27, 2025 3 13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande Approve the Minutes of March 13, 2025. Motion Carried (5 to 0) 13.b APPROVAL OF WARRANT REGISTERS Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande Approve the warrant registers issued for the period 3/6/2025 to 3/13/2025. Motion Carried (5 to 0) 13.c APPOINTMENT OF AN AD HOC CITY COUNCIL SUBCOMMITTEE FOR THE CITY SEAL REDESIGN Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande Confirm the appointment of Mayor Harnik and Councilmember Pradetto to an ad hoc City Council Subcommittee for the City Seal redesign. Motion Carried (5 to 0) 13.e AUTISM CERTIFIED CITY SIGNAGE Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande Receive and file an update on Autism Certified City signage. Motion Carried (5 to 0) 13.f AUTHORIZE OUT-OF-STATE TRAVEL FOR THE DEPUTY DIRECTOR OF ECONOMIC DEVELOPMENT TO ATTEND THE INTERNATIONAL COUNCIL OF SHOPPING CENTERS (ICSC) ANNUAL CONFERENCE IN LAS VEGAS, NEVADA Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande Authorize out-of-state travel for the Deputy Director of Economic Development to attend the International Council of Shopping Centers (ICSC) Annual Conference from May 18 through May 20, 2025, in Las Vegas, Nevada. Motion Carried (5 to 0) 29 Palm Desert City Council Regular Meeting Minutes March 27, 2025 4 13.g AUTHORIZE SUBSTITUTE OUT-OF-STATE TRAVEL FOR SENIOR MANAGEMENT ANALYST TO ATTEND THE U.S. HOUSING AND COMMUNITY DEVELOPMENTCONFERENCE IN DALLAS, TEXAS Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande Authorize substitute out-of-state travel for the Senior Management Analyst to attend the U.S. Housing and Community Development Conference on March 31, through April 3, 2025, in Dallas, Texas. Motion Carried (5 to 0) 13.h REJECT PROPOSALS SUBMITTED FOR CAMERA PROCUREMENT, INSTALLATION, AND OFF-SITE MONITORING SERVICE FOR HOUSING AUTHORITY PROPERTIES Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande Reject all proposals submitted in response to a published RFP titled Camera Procurement, Installation and Off-Site Monitoring Service for Housing Authority Residential Properties. Motion Carried (5 to 0) 13.j APPROVE BLIEU COMPANIES LEASE FOR SUITE 117 AT THE PARKVIEW BUILDING Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande 1. Approve a short-term lease with Blieu Companies for suite 117 at the Parkview Building for tenant qualifying and interview purposes. 2. Approve leasing term requested by Blieu from April 2025 to September 2025. 3. Authorize the City Attorney to make any necessary non-monetary changes to the agreement. 4. Authorize City Manager to execute all documents required to effectuate lease. Motion Carried (5 to 0) 30 Palm Desert City Council Regular Meeting Minutes March 27, 2025 5 13.d EL PASEO DELIVERY TRUCK CONCERNS Economic Development Director Alvarez presented a staff report and responded to City Council inquiries. Mayor Pro Tem Trubee requested staff to consider whether the City could impose time restrictions for commercial trucks on El Paseo as part of the mobility plan. Motion by: Councilmember Pradetto Seconded by: Councilmember Nestande Receive and file an update on El Paseo delivery truck concerns. Motion Carried (5 to 0) 13.i REVIEW THE 2024 CALENDAR YEAR GENERAL PLAN AND HOUSING ELEMENT ANNUAL PROGRESS REPORTS AND AUTHORIZE SUBMITTAL TO THE GOVERNOR'S OFFICE OF PLANNING AND RESEARCH AND DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Donald Zeigler, Palm Desert resident, opined that policies addressing extreme summer heat should be prioritized and suggested the City should consider alternative power sources to enhance electricity reliability. Mayor Harnik, with support of Councilmember Quintanilla, requested a future Study Session on the Housing Element Annual Progress Report. Motion by: Councilmember Pradetto Seconded by: Mayor Pro Tem Trubee 1. Receive and file the 2024 General Plan and Housing Element Annual Progress Report. 2. Authorize City staff to submit the General Plan and the Housing Element Annual Progress Reports to the State Office of Planning and Research (OPR) and Department of Housing and Community Development (HCD). Motion Carried (5 to 0) 14. ACTION CALENDAR None. 15. PUBLIC HEARINGS 15.a PUBLIC HEARING TO APPORVE AN AMENDMENT TO DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT, AND RELATED RESOLUTIONS, FOR ARC VILLAGE PROJECT WITH CHELSEA INVESTMENT COPORATION PURUSANT TO H&S SECTION 33433 Director of Finance Chavez narrated a PowerPoint presentation and responded to City Council inquiries. Mayor Harnik opened and closed the public hearing, there being no member of the public wishing to speak. Motion by: Councilmember Nestande Seconded by: Councilmember Quintanilla 31 Palm Desert City Council Regular Meeting Minutes March 27, 2025 6 1. Adopt Housing Authority Resolution No. HA-128 entitled, “A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY APPROVING AN AMENDMENT TO DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT BETWEEN THE AUTHORITY AND CHELSEA INVESTMENT CORPORATION, OR ITS DESIGNEE (“Parties”) PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433.” 2. Adopt Housing Authority Resolution No. HA-129 entitled, “A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY DECLARING A HOUSING AUTHORITY OWNED PARCEL LOCATED OFF COUNTY CLUB DRIVE IN THE CITY OF PALM DESERT TO BE EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 54221(f)(1)(F).” 3. Approve Amendment to Disposition Development and Loan Agreement (“Amendment to DDLA”) between the Parties, including the exhibits, for the conveyance of the Authority-owned vacant property located off of Country Club known as APN 622-370-014 to Chelsea Investment Corporation, or its designee, (the “Developer” or “Chelsea”) for the construction of 39 units for rental to extremely low, very low and low income qualified households and one manager unit (the “Project”), pursuant to Health and Safety Code Section 33433. 4. Authorize Housing Authority Loan to the Developer for the purchase and construction of the Project in the amount of $4,680,000, pursuant to terms of the Amendment to DDLA with the loan being secured by a subordinate deed of trust on the Project. 5. Authorize Director of Finance to Appropriate $1,680,000 from unobligated Housing Asset Fund monies to Account Number 8734195-4663900. 6. Authorize the Executive Director to finalize and execute the Amendment to DDLA and documents deemed necessary to effectuate the Amendment to DDLA, the conveyance of the property and conditions of approval, with such changes thereto as the Executive Director, in consultation with legal counsel, may deem necessary and consistent with the purpose of the DDLA, as amended by the Amendment to DDLA, and conditions of approval. 7. Authorize the Chairperson and Executive Director to execute documents necessary to effectuate the transfer. 8. Adopt City Resolution No. 2025-019 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT MAKING FINDINGS PURSUANT TO THE HEALTH AND SAFETY CODE SECTION 33433 IN CONNECTION WITH A PROPOSED AMENDMENT TO DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT BETWEEN THE PALM DESERT HOUSING AUTHORITY AND CHELSEA INVESTMENT CORPORATION OR ITS DESIGNEE.” Motion Carried (5 to 0) 32 Palm Desert City Council Regular Meeting Minutes March 27, 2025 7 15.b SUBSTANTIAL AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2024 ANNUAL ACTION PLAN AND THE CITIZEN PARTICIPATION PLAN This Public Hearing was continued to a date uncertain. 16. INFORMATION ITEMS None. 17. ADJOURNMENT The City Council adjourned at 5:36 p.m. Respectfully submitted, _________________________ Michelle Nance Acting Assistant City Clerk/Assistant Secretary _________________________ Anthony J. Mejia, MMC City Clerk/Secretary 33 34 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/20/2025 - 3/20/2025 City of Palm Desert Account Number 03/20/202500003885 BEST BEST & KRIEGER LLPW1 JN25 CODE LGL43015001104121 1020153 3,581.13 03/20/202500003885 BEST BEST & KRIEGER LLPW1 JN25 GARBAGE LGL43015001104121 1020153 74.00 03/20/202500003885 BEST BEST & KRIEGER LLPW1 JN25 PUBLIC BIDDING LGL43015001104121 1020153 9,355.80 03/20/202500003885 BEST BEST & KRIEGER LLPW1 JN25 MOBILEHOME PARKS LGL43015001104121 1020153 1,036.00 03/20/202500003885 BEST BEST & KRIEGER LLPW1 JN25 PUBLIC RECORDS (PRA) LGL43015001104121 1020153 4,948.60 03/20/202500003885 BEST BEST & KRIEGER LLPW1 JN25 THE REFUGE PD LLC LGL43015001104121 1020153 1,616.90 03/20/202500003885 BEST BEST & KRIEGER LLPW1 JN25 HOUSING LAW LGL43015001104121 1020153 3,098.80 03/20/202500003885 BEST BEST & KRIEGER LLPW1 JN25 SB35 APPLICATION43015001104121 1020153 355.00 03/20/202500003885 BEST BEST & KRIEGER LLPW1 JN25 VILLASPD WRIT LGL43015001104121 1020153 15,850.60 03/20/202500003885 BEST BEST & KRIEGER LLPW1 JN25 SPECIALTY LGL43015001104121 1020153 13,084.71 03/20/202500003885 BEST BEST & KRIEGER LLPW1 JN25 REIMB COST LGL43015001104121 1020153 165.60 03/20/202500003885 BEST BEST & KRIEGER LLPW1 JN25 PERSONNEL LGL43016001104121 1020155 5,200.15 03/20/202500003885 BEST BEST & KRIEGER LLPW1 JN25 WESTFIELD LGL43093001104159 1020153 1,937.54 03/20/202500003885 BEST BEST & KRIEGER LLPW1 JN25 FAMILY YMCA LGL43090002424549 1020153 1,029.50 03/20/202500003885 BEST BEST & KRIEGER LLPW1 JN25 PV LGL43696015104195 1020153 2,538.20 03/20/202500003885 BEST BEST & KRIEGER LLPW1 JN25 SHADOW RIDGE LGL22821006100000 1020153 133.20 03/20/202500003885 BEST BEST & KRIEGER LLPW1 JN25 DSRT SURF LGL22836006100000 1020153 728.90 03/20/202500003886 BRODART COW1 Library Book Purchase 3/1/2542112002524662 B6943552 655.64 03/20/202500003886 BRODART COW1 Library Book Purchase 3/1/2542112002524662 B6943551 85.71 03/20/202500003886 BRODART COW1 Library Book Purchase 3/1/2542112002524662 B6943550 306.16 03/20/202500003886 BRODART COW1 Library Book Purchase 3/1/2542112002524662 B6943549 41.46 03/20/202500003886 BRODART COW1 Library Book Purchase 3/1/2542112002524662 B6943544 1,135.45 03/20/202500003886 BRODART COW1 Library Book Purchase 3/1/2542112002524662 B6943537 25.50 03/20/202500003886 BRODART COW1 Library Book Purchase 3/1/2542112002524662 B6943535 219.31 03/20/202500003886 BRODART COW1 Library Book Purchase 3/1/2542112002524662 B6943531 162.01 03/20/202500003886 BRODART COW1 Library Book Purchase 3/1/2542112002524662 B6943530 574.93 03/20/202500003886 BRODART COW1 Library Book Purchase 3/1/2542112002524662 B6943569 19.63 03/20/2025Report Date 1Page City and Housing Docusign Envelope ID: FA4605CF-0299-465B-BD45-4AE05E94BC23 35 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/20/2025 - 3/20/2025 City of Palm Desert Account Number 03/20/202500003886 BRODART COW1 Library Book Purchase 3/1/2542112002524662 B6943568 81.50 03/20/202500003886 BRODART COW1 Library Book Purchase 3/1/2542112002524662 B6943567 67.56 03/20/202500003887 CDW LLCW1 Charger Lightning/USB-C42120001104190 AD1RL7C 131.46 03/20/202500003887 CDW LLCW1 HP 148A Toner42120001104190 AD2BP6A 255.00 03/20/202500003887 CDW LLCW1 Logitech Mouse, Startech Port42120001104190 AD2JA4C 363.94 03/20/202500003887 CDW LLCW1 R-LVO Laptops44040005304190 AD1MA1G 7,387.15 03/20/202500003888 CIRCUIT TRANSIT INCW1 FB25 COURTESY CARTS EL PASEO43681001104416 3668 24,332.41 03/20/202500003889 CORNERSTONE RESTAURANT SUPPLY &W1 COFFEE POTS - FS#3343310002304220 INV007532 38.88 03/20/202500003889 CORNERSTONE RESTAURANT SUPPLY &W1 ICE MAKER/ FILTER CARTRIDGE44040001104330 INV007045 0.01 03/20/202500003889 CORNERSTONE RESTAURANT SUPPLY &W1 ICE MAKER/ FILTER CARTRIDGE44040001104330 INV007045 5,303.06 03/20/202500003890 DELTA DENTAL OF CALIFORNIAW1 Dental 119511503001100000 BE006410898 43.47 03/20/202500003890 DELTA DENTAL OF CALIFORNIAW1 Dental 901311503001100000 BE006410898 138.39 03/20/202500003890 DELTA DENTAL OF CALIFORNIAW1 Delta Dental Premium 02/202521609001100000 BE006410898 14,877.57 03/20/202500003890 DELTA DENTAL OF CALIFORNIAW1 Dental 124041122001104154 BE006410898 -56.43 03/20/202500003890 DELTA DENTAL OF CALIFORNIAW1 Dental 135541122001104310 BE006410898 43.47 03/20/202500003890 DELTA DENTAL OF CALIFORNIAW1 Dental 135341122001104310 BE006410898 43.47 03/20/202500003891 DESERT PUBLICATIONS INCW1 FY25 FD&WINE/FASHION WK SPNSHP43062011104800 993906 300,000.00 03/20/202500003892 DESERT REDI-MIXW1 FILL SAND - STORM43320001104310 1199244 401.27 03/20/202500003893 FG CREATIVE INCW1 Bandwango online Svs MAR2543215002714491 10322 1,299.00 03/20/202500003893 FG CREATIVE INCW1 Print Advertising: CV Weekly43215002714491 10322 4,400.00 03/20/202500003893 FG CREATIVE INCW1 Online Campaign: PSL MAR2543215002714491 10322 3,125.00 03/20/202500003893 FG CREATIVE INCW1 Monthly Web Updates-PSL MAR2543215002714491 10322 250.00 03/20/202500003893 FG CREATIVE INCW1 Catalogue Delivery:PSL MAR2543215002714491 10322 250.00 03/20/202500003893 FG CREATIVE INCW1 Print Advertising: Desert X43215002714491 10322 4,200.00 03/20/202500003893 FG CREATIVE INCW1 Advertising: PSL MAR25 99343215002714491 10322 4,395.00 03/20/202500003893 FG CREATIVE INCW1 Advertising: PSL MAR2543215002714491 10322 2,200.00 03/20/202500003894 GARLAND/DBS INCW1 REL RTNT - FS 67 REROOF20600002300000 REL RET-MFA00030 12,693.75 03/20/2025Report Date 2Page City and Housing Docusign Envelope ID: FA4605CF-0299-465B-BD45-4AE05E94BC23 36 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/20/2025 - 3/20/2025 City of Palm Desert Account Number 03/20/202500003894 GARLAND/DBS INCW1 REL RTNT - STATE BLDG REROOF20600005100000 REL RET-MFA00011 59,077.85 03/20/202500003895 HORIZON PROFESSIONAL LANDSCAPEW1 JN25 LMA 6 - DW PARKING LOT43370011104614 6780 1,595.00 03/20/202500003895 HORIZON PROFESSIONAL LANDSCAPEW1 LMA7 EXTRA WORK - SONATA II43321002754684 6748 3,500.00 03/20/202500003895 HORIZON PROFESSIONAL LANDSCAPEW1 LMA 6 - DW PERIMETER LNDSP43320004414195 6780 12,013.00 03/20/202500003896 HR GREEN PACIFIC INCW1 Eng Svcs & Land Development43011501104423 184491A 26,133.00 03/20/202500003896 HR GREEN PACIFIC INCW1 ON-CALL TRAFFIC ENGINEERING SR43011501104250 184492A 10,411.81 03/20/202500003897 IDEA PEDDLER LLCW1 Public Relations FB2543090001104417 2786 4,716.67 03/20/202500003897 IDEA PEDDLER LLCW1 Pocket Guide Batch 143090001104417 2789 3,000.00 03/20/202500003897 IDEA PEDDLER LLCW1 Media Management - FB2543090001104417 2788 4,325.67 03/20/202500003897 IDEA PEDDLER LLCW1 Strategy & Acct Managemnt FB2543090001104417 2787 4,416.66 03/20/202500003897 IDEA PEDDLER LLCW1 Social Media Retainer-FB2543090001104417 2785 2,416.66 03/20/202500003898 INTERNATIONAL COUNCIL OF SHOPPINGW1 ICSC 2025 Registration KQ43120001104110 8021511 1,050.00 03/20/202500003898 INTERNATIONAL COUNCIL OF SHOPPINGW1 ICSC 2025 Registration JP43120001104110 8098938 1,050.00 03/20/202500003898 INTERNATIONAL COUNCIL OF SHOPPINGW1 ICSC 2025 Registration ET43120001104110 8069181 1,050.00 03/20/202500003898 INTERNATIONAL COUNCIL OF SHOPPINGW1 ICSC 2025 Membership Dues JP43630001104110 8098938 175.00 03/20/202500003898 INTERNATIONAL COUNCIL OF SHOPPINGW1 ICSC Membership Dues ET43630001104110 8069181 175.00 03/20/202500003899 INTERWEST CONSULTING GROUP INC.W1 SP24-FB25 DESIGN SVC-NS PARK50002012334670 1524547 106,100.70 03/20/202500003900 LEONARD, DIONW1 Book Purchase - Finding Gobi43900002524662 0211FG 1,365.50 03/20/202500003901 MARIPOSA LANDSCAPES INCW1 R/M TREES - UNIV PARK ST43320001104310 112170 200.00 03/20/202500003901 MARIPOSA LANDSCAPES INCW1 FB25 LMA 1 LANDSCAPE MAINT43370011104614 112390 41,125.38 03/20/202500003901 MARIPOSA LANDSCAPES INCW1 FB25 LMA 9 - MEDIANS43370011104614 112363 24,745.40 03/20/202500003901 MARIPOSA LANDSCAPES INCW1 FB25 LMA 9 - ENTRADA DEL PASEO43921011104614 112363 5,040.80 03/20/202500003902 MATRIX CONSULTING GROUP LTDW1 FLEET VEHICLE STUDY JN25-FB2544030005304310 1559-24 #1 8,800.00 03/20/202500003903 MIDWEST TAPE LLCW1 Library DVD Purchase 3/3/2542112002524662 506834701 105.06 03/20/202500003904 MK SOLUTIONS INCW1 RFID BOOK TAGS42112002524662 51571 3,626.87 03/20/202500003905 PAINTERS WAREHOUSE OFW1 GRAFFITI REMOVAL SUPPLIES43915021104310 2502-228264 180.96 03/20/202500003905 PAINTERS WAREHOUSE OFW1 GRAFFITI REMOVAL SUPPLIES43915021104310 XV9PE 317.11 03/20/2025Report Date 3Page City and Housing Docusign Envelope ID: FA4605CF-0299-465B-BD45-4AE05E94BC23 37 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/20/2025 - 3/20/2025 City of Palm Desert Account Number 03/20/202500003906 PETE'S ROAD SERVICE INCW1 DOT INSP FLEET #105 CITY OWNED43340001104331 25-0819392-00 95.00 03/20/202500003906 PETE'S ROAD SERVICE INCW1 DOT INSP FLEET #011 OWNED43340001104331 25-0821269-00 95.00 03/20/202500003906 PETE'S ROAD SERVICE INCW1 DOT INSP FLEET #141 OWNED43340001104331 25-0820813-00 95.00 03/20/202500003907 PFM ASSET MANAGEMENT LLCW1 Invst. Mgmt. Svcs. for 1/202543090001104159 14650312 4,355.52 03/20/202500003908 STAPLES BUSINESS ADVANTAGEW1 OFFICE SUPPLIES - CITY HALL42110001104300 6024091297 44.64 03/20/202500003908 STAPLES BUSINESS ADVANTAGEW1 Supplies - Labels Cert Holders42110001104419 6026479963 62.15 03/20/202500003908 STAPLES BUSINESS ADVANTAGEW1 Supplies - Mouse Pads42110001104430 6026479963 21.53 03/20/202500003909 TJKM TRANSPORTATION CONSULTANTSW1 FB25 TRAFFIC ENG SVC-TS M0DS50009062134250 0056237 13,140.00 03/20/202500003910 US BANKW1 ADMIN FEE CITY 11/1/24-1/31/2543090001104159 14660609 1,594.85 03/20/202500003910 US BANKW1 ADMIN FEE PA#1 11/1/24-1/31/2543630004514195 14660609 134.07 03/20/202500003910 US BANKW1 ADMIN FEE PA#2 11/1/24-1/31/2543630004514195 14660609 461.05 03/20/202500003910 US BANKW1 ADMIN FEE PA#3 11/1/25-1/31/2543630004514195 14660609 306.85 03/20/202500003910 US BANKW1 ADMIN FEE PA#4 11/1/25-1/31/2543630004514195 14660609 503.18 03/20/202500003910 US BANKW1 Series 2003 Bond Call Fees43090003124350 7556898 500.00 03/20/202500003911 USERWAY INCW1 Userway Widget Rnwl JL25-FEB2614301001100000 20250310-185657 793.33 03/20/202500003911 USERWAY INCW1 Userway Widget Rnwl MR25-JUN2543620011104190 20250310-185657 396.67 03/20/202500003912 USPS POC 8030860W1 Postage Meter Funds10106001100000 031325 10,000.00 03/20/202500003913 VISION SERVICE PLAN INC.W1 VSP 119511503001100000 822112688 31.81 03/20/202500003913 VISION SERVICE PLAN INC.W1 VSP Premium 02/202521614001100000 822112688 4,421.59 03/20/202500003913 VISION SERVICE PLAN INC.W1 VSP 125541122001104150 822112688 31.81 03/20/202500003913 VISION SERVICE PLAN INC.W1 VSP 135541122001104310 822112688 31.81 03/20/202500003913 VISION SERVICE PLAN INC.W1 VSP 135341122001104310 822112688 31.81 03/20/202500003914 VISUAL EDGE IT INCW1 INK&TONER EHQ402232 12/07-3/0643420001104190 24AR2499464 844.20 03/20/202500003914 VISUAL EDGE IT INCW1 LIBR Xerox Usge&Supl 3/14-4/1343420002524662 24AR2506609 785.33 03/20/202500003915 WE R BUILDERS INCW1 RTNT ADA CURB RAMP PP 0120600002130000 RTNT-PP 01 -12,102.40 03/20/202500003915 WE R BUILDERS INCW1 CITYWIDE ADA CURB RAMP MODS44001002134312 PP 01 242,048.00 03/20/202500003916 WEX HEALTH INCW1 COBRA - Monthly FB2543090001104154 0002116883-IN 111.00 03/20/2025Report Date 4Page City and Housing Docusign Envelope ID: FA4605CF-0299-465B-BD45-4AE05E94BC23 38 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/20/2025 - 3/20/2025 City of Palm Desert Account Number 03/20/202500003917 WINGED SOLUTIONS INCW1 CC PARK BIRD MITIGATION43320011104610 WS022825CP 693.00 03/20/202500003918 ZOHO CORPORATIONW1 ManageEngine Log360 - Training43090001104190 5020009884 1,495.00 03/20/202502006052 4IMPRINT INCW1 Branded Bottled Water & Pens43223001104417 29055960 818.10 03/20/202502006053 ACCURATE FIRST AID SERVICESW1 FIRST AID SUPPLIES - CITY HALL42190001104340 C-2921 271.38 03/20/202502006053 ACCURATE FIRST AID SERVICESW1 FIRST AID SUPPLIES - CORPYARD42190001104330 C-2817 162.99 03/20/202502006053 ACCURATE FIRST AID SERVICESW1 FIRST AID SUPPLIES - CORPYARD42190001104330 C-2869 176.39 03/20/202502006054 ADVANTEC CONSULTING ENGINEERSW1 DESIGN SRVS - COOK TRAFFIC SIG50009112134385 9803-0277-16 1,650.00 03/20/202502006055 ALTA PLANNING + DESIGN INCW1 FB25 PD VISION ZERO STRATEGY50009102134300 304000202326714 62,436.30 03/20/202502006056 BECK OIL INCW1 GAS AND DIESEL FUEL42170001104331 152855 5,634.03 03/20/202502006057 C A P I OW1 CAPIO Webinar Com Stratgy 3/1243125001104417 23748 30.00 03/20/202502006058 CASH, PETTY-W1 BOOK COLLECTION PURCHASE42112002524662 LIB BOOKS 02.01 29.00 03/20/202502006058 CASH, PETTY-W1 Postage - ILL Book Return43660002524662 LIB POSTAGE03.13 6.53 03/20/202502006058 CASH, PETTY-W1 Postage - ILL Book Return43660002524662 LIB POSTAGE03.10 6.13 03/20/202502006059 CIMPLXW1 2024 ACA Reporting43090001104154 20241212-1206022 2,338.50 03/20/202502006060 CITY OF PALM DESERTW1 ELPU25-0032 VITALIA INSP FEE44001002134385 INV-4678 160.00 03/20/202502006061 COACHELLA VALLEY ASSOCIATIONW1 CVAG PM AQ10 ST SWEEPING PRGM43630002384515 CV25285-25 12,977.54 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 (A) 1057 CITY HALL43510001104340 315187847714JN25 252.15 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 (A) 1057 CITY HALL43510001104340 315187847714FB25 273.94 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 (B) 1057 PORTOLA CC43510001104344 315187847714JN25 507.16 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 (B) 1057 PORTOLA CC43510001104344 315187847714FB25 477.35 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 248 RAC WELL RMT BY LAKE43510001104610 332429853174JN25 975.69 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 248 RAC WELL RMT BY LAKE43510001104610 332429853174FB25 992.22 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 1093 CIVIC CENTER PARK43510001104610 315245847772JN25 3,359.91 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 1093 CIVIC CENTER PARK43510001104610 315245847772FB25 3,137.17 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 1054 CITY PARKS43510001104611 315181847708JN25 1,581.42 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 1054 CITY PARKS43510001104611 315181847708FB25 1,728.58 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 1055 ST MEDIANS "5"43510001104614 315183847710JN25 4,646.87 03/20/2025Report Date 5Page City and Housing Docusign Envelope ID: FA4605CF-0299-465B-BD45-4AE05E94BC23 39 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/20/2025 - 3/20/2025 City of Palm Desert Account Number 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 1055 ST MEDIANS "5"43510001104614 315183847710FB25 4,401.75 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 10528 ENTRADA /ERIC JOHNSON43510001104614 317287849814JN25 216.31 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 10528 ENTRADA /ERIC JOHNSON43510001104614 317287849814FB25 263.75 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 1141 AQUATIC CENTER43510002424549 512541849896JN25 713.67 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 1141 AQUATIC CENTER43510002424549 512541849896FB25 716.58 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 10560 HAYSTACK43510002764374 330551849952JN25 3,117.39 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 10560 HAYSTACK43510002764374 330551849952FB25 3,829.79 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 10561 HAYSTACK43510002764374 330559849954JN25 4,966.16 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 10561 HAYSTACK43510002764374 330559849954FB25 3,654.60 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 (3) 1056 PRESIDENTS PLAZA43510002774373 315185847712JN25 170.74 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 (5) 1056 PRESIDENTS PLAZA43510002774373 315185847712JN25 85.50 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 (3) 1056 PRESIDENTS PLAZA43510002774373 315185847712FB25 304.89 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 (5) 1056 PRESIDENTS PLAZA43510002774373 315185847712FB25 135.70 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 (1) 1056 VINEYARDS43510002784374 315185847712JN25 36.54 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 (7) 1056 VINEYARDS43510002784374 315185847712JN25 109.34 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 (1) 1056 VINEYARDS43510002784374 315185847712FB25 40.44 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 (7) 1056 VINEYARDS43510002784374 315185847712FB25 119.74 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 1056 VINEYARDS-LF43510002784374 315185847712FB25 10.47 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 (4) 1056 THE GROVE43510002814374 315185847712JN25 144.97 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 (4) 1056 THE GROVE43510002814374 315185847712FB25 182.67 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 (2) 1056 PRESIDENTS PLAZA 343510002824373 315185847712JN25 51.99 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 (8) 1056 PRESIDENTS PLAZA 343510002824373 315185847712JN25 61.24 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 (2) 1056 PRESIDENTS PLAZA 343510002824373 315185847712FB25 63.69 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 (8) 1056 PRESIDENTS PLAZA 343510002824373 315185847712FB25 59.94 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 (6) 1056 PORTOLA PLACE43510002834374 315185847712JN25 37.84 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 (6) 1056 PORTOLA PLACE43510002834374 315185847712FB25 40.44 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 (1) 1161 - 73710 FW43696015104195 652499886934JN25 88.74 03/20/2025Report Date 6Page City and Housing Docusign Envelope ID: FA4605CF-0299-465B-BD45-4AE05E94BC23 40 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/20/2025 - 3/20/2025 City of Palm Desert Account Number 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 (3) 1161 - 73710 FW FP43696015104195 652499886934JN25 86.99 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 (1) 1161 - 73710 FW43696015104195 652499886934FB25 95.65 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 (3) 1161 - 73710 FW FP43696015104195 652499886934FB25 86.99 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 (2) 1161 - 73720 FW43696025104195 652499886934JN25 76.96 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 (2) 1161 - 73720 FW43696025104195 652499886934FB25 76.96 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 (4) 1161 - 72559 HWY 11143698005104195 652499886934JN25 80.37 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 (5) 1161 - 72559 HWY 111 FP43698005104195 652499886934JN25 40.65 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 (4) 1161 - 72559 HWY 11143698005104195 652499886934FB25 80.37 03/20/202502006062 COACHELLA VALLEY WATER DIST.W1 (5) 1161 - 72559 HWY 111 FP43698005104195 652499886934FB25 40.65 03/20/202502006063 CONSOLIDATED ELECTRICALW1 SUPPLIES - CC PARK42190001104610 5725-1151277 11.02 03/20/202502006064 D & B VISIONSW1 JN25 RECYCLE & ORGANICS SVS43090002364195 25-01 3,000.00 03/20/202502006064 D & B VISIONSW1 FB25 RECYCLE & ORGANICS SVS43090002364195 25-02 5,400.00 03/20/202502006065 DEPENDABLE BREAK ROOMW1 MR25 COFFEE RENTAL - CY42190001104330 MI30396 107.74 03/20/202502006065 DEPENDABLE BREAK ROOMW1 MR25 COFFEE RENTAL - CH42190001104340 MI30395 107.74 03/20/202502006066 DESERT ELECTRIC SUPPLYW1 SAFETY LIGHTS - IISNS43340001104331 S3276949.001 128.27 03/20/202502006067 DESERT NAPA AUTO PARTSW1 R/M FLEET #253 CITY OWNED43340001104331 126709 38.77 03/20/202502006067 DESERT NAPA AUTO PARTSW1 TRUNK CARGO NETS42170001104331 124911 199.34 03/20/202502006067 DESERT NAPA AUTO PARTSW1 TRAFFIC TRUCK DC/AC INVERTER43340001104331 125173 68.95 03/20/202502006067 DESERT NAPA AUTO PARTSW1 GRAFFITI REMOVAL SUPPLIES43915021104310 123278 23.68 03/20/202502006067 DESERT NAPA AUTO PARTSW1 SHOP SUPPLIES42190001104330 121741 444.65 03/20/202502006067 DESERT NAPA AUTO PARTSW1 R/M BATTERY #089 CITY OWNED43340001104331 123967 250.89 03/20/202502006067 DESERT NAPA AUTO PARTSW1 R/M BATTERY #089 CITY OWNED43340001104331 123983 -22.50 03/20/202502006068 DESERT PIPE & SUPPLYW1 R/M PLUMBING- FREEDOM PK43310001104611 0016992310 184.80 03/20/202502006069 DESERT RECREATION DISTRICTW1 JN25 PARKS/REC SRVS - PCC43090001104344 3822 9,836.69 03/20/202502006069 DESERT RECREATION DISTRICTW1 JN25 PARK SRVS - CC PARK43092001104610 3821 51,834.10 03/20/202502006070 DESERT RECYCLING INCW1 FB25 DUMP FEES43320001104310 19079 101.00 03/20/202502006071 DOVE PRINTINGW1 Brightside Printing MR25/AP2543026001104417 15259 6,511.00 03/20/2025Report Date 7Page City and Housing Docusign Envelope ID: FA4605CF-0299-465B-BD45-4AE05E94BC23 41 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/20/2025 - 3/20/2025 City of Palm Desert Account Number 03/20/202502006072 FAIR HOUSING COUNCIL OFW1 CDBG 24-25 JUL2443880002204800 24-25 INV#1 1,766.88 03/20/202502006072 FAIR HOUSING COUNCIL OFW1 CDBG 24-25 AUG2443880002204800 24-25 INV#2 2,181.04 03/20/202502006072 FAIR HOUSING COUNCIL OFW1 CDBG 24-25 SEP2443880002204800 24-25 INV#3 2,137.73 03/20/202502006072 FAIR HOUSING COUNCIL OFW1 CDBG 24-25 OCT2443880002204800 24-25 INV#4 2,313.00 03/20/202502006072 FAIR HOUSING COUNCIL OFW1 CDBG 24-25 NOV2443880002204800 24-25 INV#5 1,998.10 03/20/202502006072 FAIR HOUSING COUNCIL OFW1 CDBG 24-25 DEC2443880002204800 24-25 INV#6 2,247.48 03/20/202502006073 FINE QUALITY FOODS INCW1 Bus Enhancement Prgm PAPA DANS43930004254430 PAPADAN20250227 200,000.00 03/20/202502006074 FRONTIER COMMUNICATIONS INCW1 MAR25-LIBR EMERGENCY LINE43650002524662 7603410732-MAR25 50.75 03/20/202502006075 GEO JOBEW1 Geojobe GIS Software FY252614301001100000 7165 1,583.33 03/20/202502006075 GEO JOBEW1 Geojobe GIS Software FY242543620011104190 7165 791.67 03/20/202502006076 GLS USW1 Postage Mohawk Agreement43660008714195 5448893 10.55 03/20/202502006076 GLS USW1 BCC Certs-Burreson/Schachter43660001104110 5464167 13.38 03/20/202502006076 GLS USW1 Bond Releases43660001104111 5464167 10.70 03/20/202502006077 GREATER COACHELLA VALLEYW1 CC State of City Harnik/Trubee43125001104110 28698 178.00 03/20/202502006078 HERMANN DESIGN GROUP INCW1 JN25 LANDSCAPE MASTER PLAN43370011104614 25022406 1,444.13 03/20/202502006079 HOLT ARCHITECTS INCW1 FB25 ARCHIT SVC-FS 67 RESTROOM44001002304220 25-02-010 7,265.50 03/20/202502006080 HORIZON LIGHTING INC.W1 R/M ELECT/LIGHT - SHERIFF CTR43695005104195 INV9194 325.80 03/20/202502006081 HYDRATE HQW1 MR25 WTR DISPENSER - CORPYARD43090001104330 CA SD 4999 223.04 03/20/202502006081 HYDRATE HQW1 MR25 WTR DISPENSER - CITY HALL43090001104340 CA SD 4998 648.58 03/20/202502006081 HYDRATE HQW1 MR25 WATER DISPENSER - PCC43090001104344 CA SD 5002 74.35 03/20/202502006081 HYDRATE HQW1 MR25 WTR DISPENSERS - FS43310002304220 CA SD 5000 223.04 03/20/202502006081 HYDRATE HQW1 MR25 WTR DISPENSER - LIBRARY43090002524662 CA SD 5001 74.35 03/20/202502006081 HYDRATE HQW1 MR25 WTR DISPENSER - SHERIFF'S43695005104195 CA SD 5003 74.35 03/20/202502006082 KNORR SYSTEMS INCW1 FB25 PREV. MAINT/REPAIR - PDAC43311012424549 261678 2,970.00 03/20/202502006082 KNORR SYSTEMS INCW1 CREDIT MEMO REF INV. 24608543311012424549 246085-CM -848.54 03/20/202502006083 LEAGUE OF CALIFORNIA CITIESW1 LOCC City membership JL25-DC2514301001100000 INV-26708-N6J3Z0 10,369.50 03/20/202502006083 LEAGUE OF CALIFORNIA CITIESW1 LOCC City membership JN25-JN2543630001104159 INV-26708-N6J3Z0 10,369.50 03/20/2025Report Date 8Page City and Housing Docusign Envelope ID: FA4605CF-0299-465B-BD45-4AE05E94BC23 42 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/20/2025 - 3/20/2025 City of Palm Desert Account Number 03/20/202502006084 LOCK SHOP INC.W1 LOCKS - FS #7143310002304220 BB10562701 21.50 03/20/202502006085 LOWE'S HOME CENTERS INC.W1 BUILDING SUPPLIES - CITY HALL42190001104340 984180-121824 71.50 03/20/202502006085 LOWE'S HOME CENTERS INC.W1 R/M BLDG SUPPLIES - CITY HALL43310001104340 976563-112624 162.76 03/20/202502006085 LOWE'S HOME CENTERS INC.W1 R/M BLDG SUPPLIES - CITY HALL43310001104340 997096-122324 39.91 03/20/202502006085 LOWE'S HOME CENTERS INC.W1 BUILDING SUPPLIES - CITY HALL43310001104340 999114-120324 32.67 03/20/202502006085 LOWE'S HOME CENTERS INC.W1 APPLIANCE PORTOLA COMM CENTER42190001104344 999107-120324 601.45 03/20/202502006085 LOWE'S HOME CENTERS INC.W1 SMALL TOOLS - CC PARK42190001104610 999908-121324 354.92 03/20/202502006085 LOWE'S HOME CENTERS INC.W1 BOX NUMBERS - COMM GARDENS43910001104611 975323-111524 16.29 03/20/202502006085 LOWE'S HOME CENTERS INC.W1 SUPPLIES - COMM GARDENS43910001104611 991514-112124 132.60 03/20/202502006085 LOWE'S HOME CENTERS INC.W1 R/M BUILDING SUPPLIES - FS #3343310002304220 991306-100124 1,126.89 03/20/202502006085 LOWE'S HOME CENTERS INC.W1 ELECTRICAL SUPPLIES42190001104250 990077-100124 12.25 03/20/202502006085 LOWE'S HOME CENTERS INC.W1 TRAFFIC SUPPLIES42190001104250 994146-112224 72.08 03/20/202502006085 LOWE'S HOME CENTERS INC.W1 SMALL TOOLS42190001104310 982609-021225 371.73 03/20/202502006085 LOWE'S HOME CENTERS INC.W1 GRAFFITI REMOVAL SUPPLIES43915021104310 987970-120924 144.59 03/20/202502006085 LOWE'S HOME CENTERS INC.W1 SMALL TOOLS42190001104330 989310-112124 225.11 03/20/202502006085 LOWE'S HOME CENTERS INC.W1 SHOP SUPPLIES42190001104330 991331-121024 69.09 03/20/202502006085 LOWE'S HOME CENTERS INC.W1 R/M SUPPLIES43340001104331 979827-112724 355.68 03/20/202502006086 MODERNISM WEEKW1 Sponsorship Modernism Week43062011104800 MD2025 5,000.00 03/20/202502006087 MOWERS PLUS INCW1 R/M GENERATOR43320001104310 319454 385.50 03/20/202502006087 MOWERS PLUS INCW1 SMALL TOOLS - BLOWER43340001104331 319184 691.70 03/20/202502006087 MOWERS PLUS INCW1 R/M SMALL TOOLS - BLOWER43340001104331 319187 35.42 03/20/202502006087 MOWERS PLUS INCW1 SMALL TOOLS - CHAINSAW43340001104331 320375 136.92 03/20/202502006087 MOWERS PLUS INCW1 R/M SMALL EQUIP - POLE SAW43340001104331 320853 143.24 03/20/202502006087 MOWERS PLUS INCW1 R/M SMALL EQUIP - POLE SAW43340001104331 320852 141.88 03/20/202502006087 MOWERS PLUS INCW1 R/M SMALL EQUIP - CHAINSAW43340001104331 320851 239.60 03/20/202502006087 MOWERS PLUS INCW1 R/M SMALL EQUIP - ECHO BLOWER43340001104331 320848 178.12 03/20/202502006087 MOWERS PLUS INCW1 R/M SMALL EQUIP - HOSE43340001104331 320845 156.56 03/20/2025Report Date 9Page City and Housing Docusign Envelope ID: FA4605CF-0299-465B-BD45-4AE05E94BC23 43 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/20/2025 - 3/20/2025 City of Palm Desert Account Number 03/20/202502006087 MOWERS PLUS INCW1 R/M SMALL EQUIP - GRINDER43340001104331 320844 306.19 03/20/202502006088 OUTDOOR CREATIONS INCW1 TRASH RECEPTACLES W/LOGO42190001104611 11813 6,815.19 03/20/202502006088 OUTDOOR CREATIONS INCW1 TRASH RECEPTACLES W/LOGO44001004004674 11813 6,815.19 03/20/202502006089 OZZIE'S INTERNATIONALW1 R/M FLEET #046 CITY OWNED43340001104331 37689 992.44 03/20/202502006089 OZZIE'S INTERNATIONALW1 R/M FLEET #070 CITY OWNED43340001104331 37843 1,112.45 03/20/202502006089 OZZIE'S INTERNATIONALW1 R/M FLEET #061 CITY OWNED43340001104331 37842 1,608.26 03/20/202502006090 PALM DESERT ACE HARDWAREW1 SUPPLIES - PHONE CHARGER42190001104330 249483 64.59 03/20/202502006090 PALM DESERT ACE HARDWAREW1 R/M STREET SUPPLIES42190001104310 249594 48.47 03/20/202502006091 PALM DESERT ROTARY FOUNDATIONW1 Sponsorship PD Breakfast 202443062011104800 1010 2,000.00 03/20/202502006092 PARKHOUSE TIRE INC.W1 R/M TIRE PURCH #008 CITY OWNED43340001104331 2030244094 3,579.85 03/20/202502006092 PARKHOUSE TIRE INC.W1 TIRE DISPOSAL FEE43340001104331 2030246131 426.50 03/20/202502006092 PARKHOUSE TIRE INC.W1 R/M TIRES FLEET #068 OWNED43340001104331 2030245839 271.73 03/20/202502006092 PARKHOUSE TIRE INC.W1 R/M TIRES FLEET #269 OWNED43340001104331 2030245694 674.51 03/20/202502006092 PARKHOUSE TIRE INC.W1 R/M TIRES FLEET #384 OWNED43340001104331 2030245425 252.78 03/20/202502006093 PASCO DOORSW1 REL RTNT ENTRY DOORS-CITYHALL20600004500000 REL RTNT-A48650 5,960.25 03/20/202502006093 PASCO DOORSW1 12 NEW ENTRY DOORS - CITY HALL44001004504161 11433-6J 94,205.00 03/20/202502006094 PBK ARCHITECTS INCW1 FS33 Architectual Svcs Feb2544002002304220 6 15,500.00 03/20/202502006094 PBK ARCHITECTS INCW1 FS71 Architectual Svcs Feb2544002002304220 6 15,500.00 03/20/202502006095 PEAC SOLUTIONSW1 2/28-3/29 XEROX LEASE43420001104190 40277691 191.98 03/20/202502006095 PEAC SOLUTIONSW1 2/28-3/28 XEROX LEASE43420001104190 40275640 2,851.42 03/20/202502006095 PEAC SOLUTIONSW1 2/14-3/13 XEROX LEASE LIBR43420002524662 40239173 424.07 03/20/202502006096 POWERS AWARDSW1 COPS Badge Sgt. Berger43060011104211 160691 14.01 03/20/202502006097 POWERSTRIDE BATTERY COMPANYW1 TRAFFIC CALM BATTERIES42190001104250 P702723 559.87 03/20/202502006097 POWERSTRIDE BATTERY COMPANYW1 TRAFFIC CALM BATTERIES42190001104250 P702806 186.62 03/20/202502006098 PPG ARCHITECTURAL FINISHESW1 GRAFFITI REMOVAL SUPPLIES43915021104310 972220005861 176.87 03/20/202502006098 PPG ARCHITECTURAL FINISHESW1 GRAFFITI REMOVAL SUPPLIES43915021104310 972220005892 354.09 03/20/202502006098 PPG ARCHITECTURAL FINISHESW1 GRAFFITI REMOVAL SUPPLIES43915021104310 972220006016 16.47 03/20/2025Report Date 10Page City and Housing Docusign Envelope ID: FA4605CF-0299-465B-BD45-4AE05E94BC23 44 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/20/2025 - 3/20/2025 City of Palm Desert Account Number 03/20/202502006099 PROPER SOLUTIONS INC.W1 TEMP EMP J BELTRAN 3/7/2543003001104111 16946 1,012.76 03/20/202502006100 QUINN COMPANYW1 R/M BACKHOE #269 CITY OWNED43340001104331 WOA30002799 1,977.26 03/20/202502006101 RIVERSIDE COUNTY SHERIFF-PSECW1 FB25 COP RADIO OPERATIONS SVC43042001104210 PE0000002471 126.99 03/20/202502006101 RIVERSIDE COUNTY SHERIFF-PSECW1 JA25 Radio Operations Citizens43060011104211 PE0000002470 736.56 03/20/202502006102 ROGERS STRINGER & MCCLELLAND INCW1 FB25 PDAC PUMP ROOM DESIGN44001002424549 25028 8,125.00 03/20/202502006103 SAFEWAY SIGN CO.W1 SIGNAGE - I-10 / COLLEGE DRIVE42190001104310 58714 1,489.64 03/20/202502006104 SHASTA FIRE PROTECTIONW1 ANNUAL FIRE SYSTEM INSP - PCC43090001104344 9246 550.00 03/20/202502006105 SLADDEN ENGINEERINGW1 ENG SVCS - FS67 RESTROOM IMPR44001002304220 56338 2,030.00 03/20/202502006106 SONSRAY MACHINERY LLCW1 R/M LIFT CYLINDERS REPAIR #27043340001104331 SWO065191-1 2,368.78 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 PD SRV AREA 19 LS-1-E43514001104250 700400365524FB25 3,000.22 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (14) SHEPHERD N/O CHINOOK43514001104250 700413950271FB25 14.99 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (16) A STREET S/O 42ND43514001104250 700413950271FB25 28.88 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (21) DAISY/SHEPARD43514001104250 700413950271FB25 14.44 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (28) ALPINE / SHEPHERD43514001104250 700413950271FB25 14.44 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (29) (SHEPARD LANE / SCHOLAR L43514001104250 700413950271FB25 28.88 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (32) (JERI LANE)43514001104250 700413950271FB25 14.99 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (33) SHEPARD /PORTOLA43514001104250 700413950271FB25 14.99 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (34) PETUNIA LL (WINDFLOWER/SH43514001104250 700413950271FB25 14.44 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (35) COLLEGE VIEW LLL (ACAD/SH43514001104250 700413950271FB25 14.44 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 TRAFFIC LAMPS LS-243514001104250 700524045271FB25 334.77 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 STREET LITES LS-343514001104250 600001510277FB25 257.31 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 42991 1/2 SAN PABLO43514001104250 700653799848FB25 163.17 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 74705 42ND PED43514001104330 700117253442FB25 1,676.36 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 73510 FW CITY HALL43514001104340 700116008610FB25 8,861.94 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 45480 PORTOLA CC43514001104344 700418878578FB25 838.14 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 73710 FW PUMPSTATION43514001104610 700169234934FB25 6,141.10 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 CC PARK - SAN PABLO43514001104610 700167703344MR25 7,585.98 03/20/2025Report Date 11Page City and Housing Docusign Envelope ID: FA4605CF-0299-465B-BD45-4AE05E94BC23 45 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/20/2025 - 3/20/2025 City of Palm Desert Account Number 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 35981 1/2 - 7600 1/2 COLLEGE43514001104611 700871754303FB25 139.51 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 STREET POWER PEDESTALS43514001104614 700019019320JN25 2,626.61 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 STREET POWER PEDESTALS43514001104614 700019019320FB25 2,635.40 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 43556 1/2 SAN PABLO43514001104614 700654070741FB25 258.69 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 43980 1/2 SAN PABLO RD43514001104614 700339281893FB25 11,910.92 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 73751 MAGNESIA FALLS DR POOL43514002424549 700019219986FB25 8,233.52 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (6) PARKVIEW ESTATES43514002724374 700413950271FB25 456.30 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (3) DESERT MIRAGE (38601 COOK)43510002734680 700017585033FB25 18.50 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (7) DESERT MIRAGE/COOK43514002734680 700413950271FB25 72.96 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (8) SANDCASTLES43514002734681 700413950271FB25 165.83 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (4) PRIMROSE (75530 HOVLEY)43510002734682 700017585033FB25 14.28 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (12) HOVLEY/HEMMINGWAY43514002734682 700413950271FB25 19.58 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (25) DIAMONDBACK43514002754643 700413950271FB25 14.44 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (21) MONTEREY MEADOWS (73100 H43510002754680 700017585033FB25 14.30 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (1) MONTEREY / MEAD. ASSMT43514002754680 700413950271FB25 72.38 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (20) THE GLEN (40730 M)43510002754681 700017585033FB25 14.48 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (18) HOVLEY ESTATES (40962 C /43510002754682 700017585033FB25 33.11 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (19) SONATA I (40794)43510002754683 700017585033FB25 14.48 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (3) SONATA-HOVLEY43514002754683 700413950271FB25 14.44 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (5) SONATA II (73500 HOVLEY)43510002754684 700017585033FB25 15.10 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (4) HOVLEY-POSADA-FONDA43514002754684 700413950271FB25 29.99 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (7) HOVLEY COLLECTION (73145 H43510002754685 700017585033FB25 28.96 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (10) HOVLEY COLLECTION43514002754685 700413950271FB25 29.99 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (8) LA PALOMA I (40970 A/7362543510002754686 700017585033FB25 28.52 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (13) AVE ARCADIA/HOVLEY43514002754686 700413950271FB25 14.44 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (10) LA PALOMA II (40970 ROSAR43510002754687 700017585033FB25 14.48 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (17) AVE. ROSARIO/HOVLEY43514002754687 700413950271FB25 14.44 03/20/2025Report Date 12Page City and Housing Docusign Envelope ID: FA4605CF-0299-465B-BD45-4AE05E94BC23 46 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/20/2025 - 3/20/2025 City of Palm Desert Account Number 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (14) LA PALOMA III (40741 SOLA43510002754693 700017585033FB25 14.48 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (11) SANDPIPER (40751 / 40972)43510002754694 700017585033FB25 28.96 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (22) HOVLEY LN/SANDPIPER43514002754694 700413950271FB25 14.44 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (12) SANDPIPER WEST (40753 / 443510002754695 700017585033FB25 28.96 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (23) HOVLEY LN/SANDPIPER W43514002754695 700413950271FB25 14.44 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (13) HOVLEY WEST (40762 HOV)43510002754696 700017585033FB25 14.16 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (24) 40764 HOVLEY CT43514002754696 700413950271FB25 14.44 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (18) PALM CT/HOVLEY LN43514002754697 700413950271FB25 14.44 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (1) CANYON COVE (CALLIANDRA)43510002764374 700017585033FB25 39.56 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (2) HAYSTACK LIGHTING DIST.43514002764374 700413950271FB25 33.11 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (22) PRESIDENTS PLAZA E/W43514002774373 700017585033FB25 1,044.14 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (2) VINEYARDS (43430 STONY)43510002784374 700017585033FB25 14.48 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (5) VINEYARDS43514002784374 700413950271FB25 119.38 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (6) THE GROVE (44225 DEEP CYN)43510002814374 700017585033FB25 29.96 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (9) GROVE (SILVER / ROYAL)43514002814374 700413950271FB25 352.67 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (15) PRESIDENTS PLAZA III (73143514002824373 700017585033FB25 961.78 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (23) PRESIDENTS PLAZA III (73143514002824373 700017585033FB25 85.34 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (17) PORTOLA PLACE (44221)43510002834374 700017585033FB25 14.48 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (9) KAUFMAN/BROAD (73502 FS)43510002854374 700017585033FB25 15.62 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (19) FRANK SINATRA W/O PORTOLA43514002854374 700413950271FB25 29.99 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (20) COLLEGE VIEW/SHEPPARD43514002874374 700413950271FB25 28.88 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (30) SUNDANCE W (KOKOPELLI / S43514002874681 700413950271FB25 14.44 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (26) PETUNIA I (PETUNIA / SHEP43514002874682 700413950271FB25 14.44 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (27) PETUNIA I (W PETUNIA/SHEP43514002874682 700413950271FB25 14.44 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (31) SUNDANCE E (CHINOOK / SHE43514002874683 700413950271FB25 14.99 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (16) PALM DESERT CC (77925 STA43510002994374 700017585033FB25 24.48 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (11) PDCC (76520 CALIFORNIA)43514002994374 700413950271FB25 3,224.33 03/20/2025Report Date 13Page City and Housing Docusign Envelope ID: FA4605CF-0299-465B-BD45-4AE05E94BC23 47 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/20/2025 - 3/20/2025 City of Palm Desert Account Number 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (15) MICHIGAN / CA43514002994374 700413950271FB25 104.79 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 73710 FW DR STE 11643514005104195 700339417188FB25 112.64 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 73720 FW STE 100A43514005104195 700066496069FB25 1,224.13 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (1) 73710 / 73720 FW STE43514005104195 700485107855FB25 3,982.99 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 73710 FW STE20043514005104195 700835292306FB25 1,448.86 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (2) 73710 FW DR DR2 / HM143696015104195 700485107855FB25 366.89 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 73710 FW STE20443696015104195 700905148268FB25 184.88 03/20/202502006107 SOUTHERN CALIFORNIA EDISONW1 (3) 73720 FW DR HM43696025104195 700485107855FB25 424.52 03/20/202502006108 ST. FRANCIS ELECTRIC LLCW1 JN25 TRAFFIC SIGNAL PM43325001104250 200168106 2,475.00 03/20/202502006108 ST. FRANCIS ELECTRIC LLCW1 JN25 TRAFFIC SIGNAL VARIOUS43325001104250 200168107 1,903.00 03/20/202502006108 ST. FRANCIS ELECTRIC LLCW1 JN25 TRAFFIC POLE-WASH / PDCC43325001104250 200168108 4,596.36 03/20/202502006109 SUNLINE TRANSIT AGENCYW1 JN25 BUS SHELTER MAINTENANCE43320001104310 INV08537 7,853.40 03/20/202502006110 SUPERB ENGINEERING INCW1 RTNT - DW PERIMETER PP0420600004410000 RTNT PP04 -18,187.27 03/20/202502006110 SUPERB ENGINEERING INCW1 DW LANDSCAPE/LIGHTING PH348092004414195 PP04 363,745.38 03/20/202502006110 SUPERB ENGINEERING INCW1 RTNT - DW PERIMETER PP 320600004410000 RTNT-PP 3 -14,256.71 03/20/202502006110 SUPERB ENGINEERING INCW1 DW LANDSCAPE/LIGHTING PH348092004414195 PP 3 285,134.21 03/20/202502006111 SUPERIOR READY MIX CONCRETEW1 R/M CONCRETE - COOK/MARKET43320001104310 950000187494 1,131.04 03/20/202502006111 SUPERIOR READY MIX CONCRETEW1 R/M CONCRETE - MAG FALLS43320001104310 950000193896 469.80 03/20/202502006112 TOPS N BARRICADES INC.W1 R/M STREET PAINT SUPPLIES42190001104310 1112185 942.59 03/20/202502006112 TOPS N BARRICADES INC.W1 R/M STREET PAINT / STENCILS42190001104310 1112186 875.44 03/20/202502006112 TOPS N BARRICADES INC.W1 STREET SIGN SUPPLIES42190001104310 1112488 429.78 03/20/202502006112 TOPS N BARRICADES INC.W1 R/M SUPPLIES - SUPPLIES42190001104310 1111968 1,690.52 03/20/202502006113 UNIFIRST CORPORATIONW1 UNIFORM EMBLEM UPGRADE CHGS42140001104310 6200003592 182.22 03/20/202502006113 UNIFIRST CORPORATIONW1 INDUSTRIAL UNIFORM RENTAL42140001104310 2200230189 177.93 03/20/202502006113 UNIFIRST CORPORATIONW1 INDUSTRIAL UNIFORM RENTAL42140001104310 2200232781 176.95 03/20/202502006114 V I P PROPERTY OWNERS ASSN.W1 LOT 10 JAN-DEC 2025 DUES43630001104300 010103-1193 360.00 03/20/202502006114 V I P PROPERTY OWNERS ASSN.W1 LOT 9 JAN-DEC 2025 DUES43630001104300 010103-1191 360.00 03/20/2025Report Date 14Page City and Housing Docusign Envelope ID: FA4605CF-0299-465B-BD45-4AE05E94BC23 48 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/20/2025 - 3/20/2025 City of Palm Desert Account Number 03/20/202502006115 VOLTVERIFIEDW1 eBike Training Reg Dep. Abrego43042001104210 1002 625.00 03/20/202502006116 VONNEGUT, SHANNONW1 Rivco Leadershp Conf Mile 2/2443115002524662 RIVCONMILE2/24SV 97.02 03/20/202502006116 VONNEGUT, SHANNONW1 Rivco Leadership Conf Reg 2/2443120002524662 RIVCONFREG2/24SV 200.00 03/20/202502006117 WATERLINE TECHNOLOGIES INCW1 CHEMICALS - AQUATIC CENTER42111002424549 5727581 942.27 03/20/202502006117 WATERLINE TECHNOLOGIES INCW1 CHEMICALS - AQUATIC CENTER42111002424549 5728371 119.13 03/20/202502006118 XPRESS GRAPHICSW1 Golf Cart Parade Banners43061011104416 24-65622 259.34 03/20/202502006118 XPRESS GRAPHICSW1 Veterans Day Program Card43061011104416 24-66138 126.92 03/20/202502006118 XPRESS GRAPHICSW1 Standard Signs PDAC43610001104417 24-61404 211.30 03/20/202502006118 XPRESS GRAPHICSW1 Dog Park Signage43223011104417 24-66352 220.13 03/20/202502006118 XPRESS GRAPHICSW1 Library Posters43610002524662 25-69152 238.05 03/20/202502006118 XPRESS GRAPHICSW1 Library Rack Cards &Post Cards43610002524662 25-69099 187.53 03/20/202502006118 XPRESS GRAPHICSW1 Program Cut Out- Gobi the Dog43610002524662 25-68948 46.90 03/20/202502006118 XPRESS GRAPHICSW1 PD Library Bookmarks43610002524662 25-68906 66.70 03/20/202502006118 XPRESS GRAPHICSW1 PD Library Card Applications43610002524662 25-68315 868.94 03/20/202502006118 XPRESS GRAPHICSW1 PD Library Bingo Cards43610002524662 24-64834 180.28 03/20/202502006118 XPRESS GRAPHICSW1 Oversized Lib Card Ultra Board43610002524662 24-61894 87.85 03/20/202502006118 XPRESS GRAPHICSW1 Lib Bookmarks Artist Council43610002524662 24-64606 66.70 03/20/202502006118 XPRESS GRAPHICSW1 STRATEGIES STUDY COMM OUTREACH43090001104250 25-68866 436.88 03/20/202502006119 ZUMAR INDUSTRIES INC.W1 SIGNAGE - HILEMAN WAY42190001104310 10310 248.25 Examined and Approved Total For Bank ID - W1 2,413,133.67City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 03/20/2025Report Date 15Page City and Housing Docusign Envelope ID: FA4605CF-0299-465B-BD45-4AE05E94BC23 49 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/20/2025 - 3/20/2025 City of Palm Desert Account Number 03/20/202500003125 US BANKW3 2017H-A US BANK FEES 7/25-1/2614301007030000 7658495 1,458.33 03/20/202500003125 US BANKW3 2017A US BANK FEES 7/25-1/2614301007030000 7658750 1,458.33 03/20/202500003125 US BANKW3 2017B US BANK FEES 7/25-1/2614301007030000 7658750 1,458.33 03/20/202500003125 US BANKW3 2017H-A US BANK FEES 2/25-6/2543090007034195 7658495 1,041.67 03/20/202500003125 US BANKW3 2017A US BANK FEES 2/25-6/2543090007034195 7658750 1,041.67 03/20/202500003125 US BANKW3 2017B US BANK FEES 2/25-6/2543090007034195 7658750 1,041.67 Examined and Approved Total For Bank ID - W3 7,500.00City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 03/20/2025Report Date 16Page SUCCESSOR AGENCY Docusign Envelope ID: FA4605CF-0299-465B-BD45-4AE05E94BC23 50 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/24/2025 - 3/24/2025 City of Palm Desert Account Number 03/24/202502006120 QUINTANILLA, KARINAW1 Blue Env Press Rel LDG 3/26 KQ11501001100000 ADV LDG 03.26.25 327.85 03/24/202502006120 QUINTANILLA, KARINAW1 Blue Env Press Rel MIE 3/26 KQ11501001100000 ADV MIE 03.26.25 129.00 03/24/202502006120 QUINTANILLA, KARINAW1 Blue Env Press Rel PRK 3/26 KQ11501001100000 ADV PARK 3.26.25 40.00 03/24/202502006120 QUINTANILLA, KARINAW1 BlueEnv Press Rel MILE 3/26 KQ11501001100000 ADV MILE 03.26.2 14.84 03/24/202502006121 WILD WONDERSW1 Sonora to Sahara Prgm 03/24/2543900002524662 45653 795.00 Examined and Approved Total For Bank ID - W1 1,306.69City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 03/24/2025Report Date 1Page City and Housing Docusign Envelope ID: 640D7324-0972-47D2-9FDA-7CE5D15F632B 51 52 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/25/2025 - 3/25/2025 City of Palm Desert Account Number 03/25/202500003919 HIGH TECH IRRIGATION INC.W1 IRRIGATION SUPPLIES-CIVIC PARK42190001104610 823458 35.65 03/25/202500003920 IMPRESSION DESIGNW1 UNIFORMS - DREYES42140001104310 16677 243.46 03/25/202500003921 PPG ARCHITECTURAL FINISHESW1 R/M BLDG PAINT - CITY HALL43310001104340 972220004361 38.40 03/25/202500003922 QOVO SOLUTIONS INC.W1 SURVEILLANCE CAMERA - PDAC44001002424549 26-8658 1,587.50 03/25/202502006122 CABRERA, CELINAW1 US HOUSING AIR 3/31-4/3 CCABRE11501008700000 ADV AIR 0331CC 477.66 03/25/202502006122 CABRERA, CELINAW1 US HOUSING LDG 3/31-4/3 CCABRE11501008700000 ADV HOTEL 0331CC 657.00 03/25/202502006122 CABRERA, CELINAW1 US HOUSING PRDM 3/31-4/3 CCABR11501008700000 ADV PRDM 0331CC 280.00 03/25/202502006122 CABRERA, CELINAW1 US HOUSING PRK 3/31-4/3 CCABRE11501008700000 ADV PRKNG 0331CC 69.00 03/25/202502006123 DANIEL MORAW1 US HOUSING PRDM 3/31-4/3 DMORA11501008700000 ADV PRDM 0331DM 280.00 03/25/202502006124 DESERT NAPA AUTO PARTSW1 R/M TRAILER EQUIP - ADAPTERS43340001104331 126517 100.13 03/25/202502006125 LOCK SHOP INC.W1 KEYS - FRONT ENTERANCE42190001104330 BB10563017 79.47 03/25/202502006126 LOWE'S HOME CENTERS INC.W1 SUPPLIES - FLEET #072 OWNED42190001104250 996302-121224 62.33 03/25/202502006126 LOWE'S HOME CENTERS INC.W1 SMALL TOOLS - STREETS42190001104310 972148-122624 305.93 03/25/202502006126 LOWE'S HOME CENTERS INC.W1 SMALL TOOLS - STREETS42190001104310 972153-122624 200.48 03/25/202502006126 LOWE'S HOME CENTERS INC.W1 R/M BLDG MAINT SUPPLIES - CH42190001104340 991336-100124 6.66 03/25/202502006126 LOWE'S HOME CENTERS INC.W1 R/M IRRIG SUPPLIES - CC PARK42190001104610 994823-092024 109.08 03/25/202502006126 LOWE'S HOME CENTERS INC.W1 R/M IRRIG SUPPLIES - UNIV PARK42190001104611 975371-082924 53.01 03/25/202502006126 LOWE'S HOME CENTERS INC.W1 R/M BLDG MAINT SUPPLIES -FS#3343310002304220 977825-091324 184.17 03/25/202502006126 LOWE'S HOME CENTERS INC.W1 STREET SUPPLIES - PW INSPECTOR42110001104134 976587-121524 55.16 03/25/202502006126 LOWE'S HOME CENTERS INC.W1 STREET SUPPLIES- CP INSPECTORS42110001104134 980182-121524 55.16 03/25/202502006126 LOWE'S HOME CENTERS INC.W1 R/M BLDG SUPPLIES - CITY HALL42190001104340 984103-121524 189.56 03/25/202502006126 LOWE'S HOME CENTERS INC.W1 R/M BLDG SUPPLIES - CITY HALL42190001104340 972614-111524 287.95 03/25/202502006126 LOWE'S HOME CENTERS INC.W1 R/M BLDG SUPPLIES - CITY HALL42190001104340 999071-120324 633.68 03/25/202502006126 LOWE'S HOME CENTERS INC.W1 PARK SUPPLIES - CC DOG PARK42190001104610 984871-011525 214.53 03/25/202502006126 LOWE'S HOME CENTERS INC.W1 SMALL TOOLS - FREEDOM PARK42190001104611 992993-100224 149.69 03/25/202502006126 LOWE'S HOME CENTERS INC.W1 PARK SUPPLIES - UNIVERSITY PK42190001104611 999196-021925 143.10 03/25/202502006126 LOWE'S HOME CENTERS INC.W1 R/M IRRIG SUPPLIES - FREEDOM43320011104611 971379-021525 63.15 03/25/2025Report Date 1Page City and Housing Docusign Envelope ID: 97948BE5-F092-4926-B550-6ED7051164CB 53 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/25/2025 - 3/25/2025 City of Palm Desert Account Number 03/25/202502006126 LOWE'S HOME CENTERS INC.W1 R/M IRRIG SUPPLIES - UNIV GRDN43910001104611 997574-120324 141.00 03/25/202502006126 LOWE'S HOME CENTERS INC.W1 R/M STAKES - UNIV COMM GRDN43910001104611 980307-111824 80.21 03/25/202502006126 LOWE'S HOME CENTERS INC.W1 SMALL TOOLS - MEDIANS42190001104614 976715-112624 68.97 03/25/202502006127 MOWERS PLUS INCW1 R/M CHAINSAW43340001104331 321750 154.53 03/25/202502006128 PALM DESERT ACE HARDWAREW1 SUPPLIES - MEASURING WHEELS42190001104310 249695 145.44 03/25/202502006128 PALM DESERT ACE HARDWAREW1 SUPPLIES - SAFTEY GLOVES42190001104310 249696 199.24 03/25/202502006128 PALM DESERT ACE HARDWAREW1 SMALL TOOLS - CITY HALL42190001104340 249649 30.15 03/25/202502006128 PALM DESERT ACE HARDWAREW1 BATTERIES - CITY HALL42190001104340 249641 39.08 03/25/202502006128 PALM DESERT ACE HARDWAREW1 R/M BLDG SUPPLIES - CITY HALL43310001104340 249678 22.81 03/25/202502006129 SKYLINE SAFETY AND SUPPLYW1 R/M BIKE RACK REP - CAHUILLA43320001104310 9108 236.19 03/25/202502006130 SUPERIOR READY MIX CONCRETEW1 R/M CONCRETE - COSMO LN43320001104310 950000241399 669.57 03/25/202502006131 WHITE CAP LPW1 R/M CONCRETE BAGS42190001104310 50030395863 619.61 03/25/202502006131 WHITE CAP LPW1 R/M CONCRETE BAGS42190001104310 50030393704 65.14 03/25/202502006132 ZUMAR INDUSTRIES INC.W1 SIGNAGE - VARIOUS LOCATIONS42190001104310 9987 972.30 03/25/202502006132 ZUMAR INDUSTRIES INC.W1 SIGNAGE - CODE42190001104310 9988 409.68 03/25/202502006132 ZUMAR INDUSTRIES INC.W1 SIGNAGE - SNS REPLACEMENT42190001104310 10106 1,004.04 Examined and Approved Total For Bank ID - W1 11,419.87City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 03/25/2025Report Date 2Page City and Housing Docusign Envelope ID: 97948BE5-F092-4926-B550-6ED7051164CB 54 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/27/2025 - 3/27/2025 City of Palm Desert Account Number 03/27/202500003924 AMAZON CAPITAL SERVICES INC.W1 CELLPHONE SUPPLIES - PW INSP42110001104134 1CDC-349Y-F7WR 24.64 03/27/202500003924 AMAZON CAPITAL SERVICES INC.W1 ROOM HEATER - OA OFFICE CY42110001104300 1T3J-4J1W-3PYJ 26.93 03/27/202500003924 AMAZON CAPITAL SERVICES INC.W1 EA Office Chair43695001104130 1K4Q-4MKL-CNPT 123.89 03/27/202500003924 AMAZON CAPITAL SERVICES INC.W1 MAR25 LIB RADIO, CAP OFF SUPP42190002524662 1TVL-JVGJ-7QRH 189.63 03/27/202500003924 AMAZON CAPITAL SERVICES INC.W1 MAR25 LIB SPECIAL PROG SUPPLY43900002524662 1G1F-P1NW-9VHP 1,241.99 03/27/202500003924 AMAZON CAPITAL SERVICES INC.W1 MAR25 LIB PROG SUPPLY43900002524662 1NPL-FWD3-GT4M 324.11 03/27/202500003924 AMAZON CAPITAL SERVICES INC.W1 MAR25 LIB SPECIAL PROG SUPPLY43900002524662 1P1T-GNDQ-1W7P 279.37 03/27/202500003925 BRIAN K. STEMMER CONSTRUCTIONW1 R/M WINDOWS - STATE BLDG 10243696025104195 9687 740.00 03/27/202500003926 BRINKS CAPITAL LLCW1 Transport Services - Mar 202543090001104159 12864717 1,236.20 03/27/202500003926 BRINKS CAPITAL LLCW1 Overage Charges Feb. 202543090001104159 7321747 19.41 03/27/202500003927 CDW LLCW1 Dell USB DVD Drive42120001104190 AD2M13A 42.42 03/27/202500003927 CDW LLCW1 AWS Consumption - FEB2543620011104190 ZR00667210 1,316.30 03/27/202500003927 CDW LLCW1 HP 712 Ink LIBR42110002524662 AD2JC5R 141.71 03/27/202500003927 CDW LLCW1 HP712 Ink42110002524662 AD2PR2I 35.89 03/27/202500003927 CDW LLCW1 R-Conference Room Camera44040005304190 AD2H95W 652.18 03/27/202500003928 CHARTER COMMUNICATIONSW1 3/16-4/15 INTERNET SERVICES43650001104190 189329601031425 562.66 03/27/202500003928 CHARTER COMMUNICATIONSW1 3/16-4/15 LIBRARY INTERNET43650002524662 189330401031425 928.66 03/27/202500003928 CHARTER COMMUNICATIONSW1 3/16-4/15 LIBRARY INTERNET43650002524662 189329601031425 900.00 03/27/202500003929 County of Riverside SheriffW1 12/12-1/08 Law Enforcement Svs43040001104210 SH0000047581 946,913.05 03/27/202500003929 County of Riverside SheriffW1 12/12-1/08 RSO Law Enforcement43092031104210 SH0000047581 481,333.87 03/27/202500003929 County of Riverside SheriffW1 12/12-1/08 RSO Law Enforcement43092041104210 SH0000047581 30,623.32 03/27/202500003930 DECKARD TECHNOLOGIES INCW1 STR MONITORING-FB2543090001104422 1934 5,783.33 03/27/202500003931 FG CREATIVE INCW1 Outdoor Billboards - LamarMR2543215002714491 10325 2,200.00 03/27/202500003931 FG CREATIVE INCW1 Print Advertising: Annual Phot43215002714491 10325 10,000.00 03/27/202500003932 HIGH TECH IRRIGATION INC.W1 R/M IRRIG SUPPLIES - CC PARK43320011104610 824561 619.88 03/27/202500003933 HR GREEN PACIFIC INCW1 Feb25 Prof Svcs Strmwter Drain44001002134370 185372 35,284.50 03/27/202500003933 HR GREEN PACIFIC INCW1 Jan25 Prof Svcs Strmwter Drain44001002134370 184482 33,398.00 03/27/2025Report Date 1Page City and Housing Docusign Envelope ID: 57FAB435-CA79-4FFE-9CB2-93825385A6F1 55 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/27/2025 - 3/27/2025 City of Palm Desert Account Number 03/27/202500003933 HR GREEN PACIFIC INCW1 Feb25 CC ACCESS STUDY SVCS44001004524136 185368 5,197.50 03/27/202500003934 IDEA PEDDLER LLCW1 Media Management - MR2543090001104417 2797 4,325.67 03/27/202500003934 IDEA PEDDLER LLCW1 Social Media - MR2443090001104417 2794 2,416.66 03/27/202500003934 IDEA PEDDLER LLCW1 Strategy & Acct Managemnt MR2543090001104417 2796 4,416.66 03/27/202500003934 IDEA PEDDLER LLCW1 Public Relations - MR2543090001104417 2795 4,716.67 03/27/202500003935 IMPRESSION DESIGNW1 EMBROIDERY SAFETY VESTS42140001104420 16715 200.00 03/27/202500003936 INTERWEST CONSULTING GROUP INC.W1 COMM Plan Review & Insp - FE2543010001104420 1420664 2,144.55 03/27/202500003936 INTERWEST CONSULTING GROUP INC.W1 EXP Plan Review & Insp - FE2543010001104420 1497678 3,827.10 03/27/202500003936 INTERWEST CONSULTING GROUP INC.W1 STRUC Plan Review & Insp FE2543010001104420 1417374 84.00 03/27/202500003936 INTERWEST CONSULTING GROUP INC.W1 UNIV NBHD SP PLAN UPDATE FB2543005001104470 1415355 6,693.75 03/27/202500003937 MARIPOSA LANDSCAPES INCW1 LMA 1 EXTRA WORK - MEDIANS43370011104614 111145 6,178.68 03/27/202500003937 MARIPOSA LANDSCAPES INCW1 LMA 1 XTRA LNDS SVC-MEDIANS JN43370011104614 112618 8,137.11 03/27/202500003937 MARIPOSA LANDSCAPES INCW1 LMA 1 XTRA LNDS SVC-MEDIANS JN43370011104614 112619 648.00 03/27/202500003937 MARIPOSA LANDSCAPES INCW1 LMA 1 XTRA LNDS SVC-MEDIANS DC43370011104614 112620 2,147.03 03/27/202500003937 MARIPOSA LANDSCAPES INCW1 LMA 1 XTRA LNDS SVC-MEDIANS JN43370011104614 112621 8,370.12 03/27/202500003938 MICHAEL BAKER INTERNATIONAL INCW1 SURVEY SVCS MARRAKESH PARCEL43090001104134 1242048 2,500.00 03/27/202500003939 MIDWEST TAPE LLCW1 Library DVD Purchase 3/10/2542112002524662 506867191 81.58 03/27/202500003940 PAINTERS WAREHOUSE OFW1 GRAFFITI REMOVAL SUPPLIES42190001104310 H64Q7 132.41 03/27/202500003941 PYE BAKERW1 R/M ALARM - CORPYARD43090001104330 6073123 243.75 03/27/202500003942 SHUSTER ADVISORY GROUP LLCW1 FB25 ADVSRY FEE - RHS 401a 45743090001104159 7818 2,083.33 03/27/202500003943 STAPLES BUSINESS ADVANTAGEW1 MAR25 LIB OFFICE SUPPLIES42110002524662 6026482311 43.20 03/27/202500003943 STAPLES BUSINESS ADVANTAGEW1 BATTERIES42110001104420 6026485266 9.49 03/27/202500003943 STAPLES BUSINESS ADVANTAGEW1 BOX CUTTER42110001104421 6026485266 8.88 03/27/202500003943 STAPLES BUSINESS ADVANTAGEW1 BINDER & VELCRO TIES42110001104470 6024935900 39.46 03/27/202500003943 STAPLES BUSINESS ADVANTAGEW1 LABEL TAPE42110001104470 6026485265 24.65 03/27/202500003943 STAPLES BUSINESS ADVANTAGEW1 Office Supplies Paper & Pens42110001104150 6026913610 440.93 03/27/202500003943 STAPLES BUSINESS ADVANTAGEW1 DUST CANS - TRAFFIC CABINETS42190001104330 6026038168 86.39 03/27/2025Report Date 2Page City and Housing Docusign Envelope ID: 57FAB435-CA79-4FFE-9CB2-93825385A6F1 56 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/27/2025 - 3/27/2025 City of Palm Desert Account Number 03/27/202500003943 STAPLES BUSINESS ADVANTAGEW1 OFFICE SUPPLIES - WHITE BOARD42190001104330 6024943262 -39.31 03/27/202500003943 STAPLES BUSINESS ADVANTAGEW1 OFFICE SUPPLIES - CORP YARD42190001104330 6024943261 64.18 03/27/202500003944 STRYKER SALES CORPORATIONW1 GURNEYS CHAIR - MEDIC 10244030005304220 9208429028 36,536.50 03/27/202500003944 STRYKER SALES CORPORATIONW1 GURNEYS CHAIR - MEDIC 10244030005304220 9208427047 33,557.08 03/27/202500003945 UNITY COURIER SERVICEW1 UNITY COURIER LINK+ 3/8/2543090002524662 20147 377.76 03/27/202500003946 VINTAGE ASSOCIATESW1 LMA 17 EXTRA LNDS SRVS - CC PK43320011104610 235133 6,017.52 03/27/202500003946 VINTAGE ASSOCIATESW1 LMA 17 EXTRA WORK - CC PARK43320011104610 236272 3,910.76 03/27/202500003946 VINTAGE ASSOCIATESW1 LMA 17 XTRA WORK - MAG FALLS43320011104611 236269 1,517.05 03/27/202500003946 VINTAGE ASSOCIATESW1 LMA 16 XTRA LNDS WORK - HOVLEY43320011104611 236271 774.93 03/27/202500003946 VINTAGE ASSOCIATESW1 LMA 16 EXTRA WORK - HOVLEY43320011104611 236274 2,494.10 03/27/202500003946 VINTAGE ASSOCIATESW1 LMA 16 EXTRA WORK - HAYSTACK43321002764374 236273 1,198.48 03/27/202500003946 VINTAGE ASSOCIATESW1 DC24 LMA 17 -CIVIC CENTER PARK43320011104610 235115 16,200.00 03/27/202500003946 VINTAGE ASSOCIATESW1 DC24 LMA 17 - SPORTS FIELDS43371001104610 235115 4,500.00 03/27/202500003946 VINTAGE ASSOCIATESW1 DC24 LMA 17-MAGNESIA FALLS43320011104611 235115 4,000.00 03/27/202500003946 VINTAGE ASSOCIATESW1 DC24 LMA 17 - AQUATIC CENTER43311012424549 235115 1,400.00 03/27/202500003946 VINTAGE ASSOCIATESW1 LMA 16 XTRA LNDS SR - HAYSTACK43321002764374 235131 684.66 03/27/202500003946 VINTAGE ASSOCIATESW1 DC24 LMA 17 - PARKVIEW OFFICE43696015104195 235115 2,000.00 03/27/202500003946 VINTAGE ASSOCIATESW1 DC24 LMA 17 - STATE BLDG43696025104195 235115 300.00 03/27/202500003947 VISUAL EDGE IT INCW1 INK&TONER 2TX101725 2/20-3/1943420001104190 24AR2528499 89.17 03/27/202500003948 WILLDAN FINANCIAL SERVICESW1 PBID (PRESIDENTS PLAZA I) Q443090002774373 010-61668 1,065.24 03/27/202500003948 WILLDAN FINANCIAL SERVICESW1 PBID (PRESIDENTS PLAZA III) Q443090002824373 010-61668 947.62 03/27/202500003948 WILLDAN FINANCIAL SERVICESW1 CFD 2005-1 U-PARK APR-JUN25 Q443090003534394 010-61665 1,715.23 03/27/202500003948 WILLDAN FINANCIAL SERVICESW1 CFD 2021-1 U-PARK APR-JUN25 Q443090003544394 010-61665 1,424.92 03/27/202500003948 WILLDAN FINANCIAL SERVICESW1 BAD No. 1 APR25-JUN25 Q443090002894374 010-61667 781.62 03/27/202500003949 MODERN MISTING SYSTEMS INCW1 R/M MISTER SYSTEM - CC PARK43321001104610 23915 7,081.98 03/27/202502006133 ACCURATE FIRST AID SERVICESW1 FIRST AID SUPPLIES - CORPYARD42190001104330 C-2915 464.45 03/27/202502006134 ARCHITECTURAL RESOURCES GROUPW1 Historic Survey-DC2443005001104470 54208 35,722.32 03/27/2025Report Date 3Page City and Housing Docusign Envelope ID: 57FAB435-CA79-4FFE-9CB2-93825385A6F1 57 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/27/2025 - 3/27/2025 City of Palm Desert Account Number 03/27/202502006135 ARMSTRONG GROWERSW1 FLOWERS - CC PARK43320011104610 WB-46276 173.05 03/27/202502006136 Assistance LeagueW1 ALCV Grants OA PYMT FY24/2543880001104800 OA FY 2024-25 2,500.00 03/27/202502006137 BAKER, WALLACE VW1 HEARING EXAMINER 11/24-2/2543090001104422 #59 504.00 03/27/202502006138 BECK OIL INCW1 GAS AND DIESEL FUEL42170001104331 154743 4,721.28 03/27/202502006138 BECK OIL INCW1 GAS AND DIESEL FUEL42170001104331 157035 5,148.00 03/27/202502006139 BEST SIGNS INC.W1 Signage 25/26 El Paseo Median44002004364650 99234 581.85 03/27/202502006140 BSN SPORTS LLCW1 NETS - RONALD REAGAN42190001104611 928519419 1,212.75 03/27/202502006140 BSN SPORTS LLCW1 DUGOUT WINDSCREEN - CC FIELDS43371001104610 928986446 5,455.30 03/27/202502006141 C A C E OW1 CACEO Webinar P. Rodriguez43120001104422 200033207 60.00 03/27/202502006142 CALIFORNIA BUILDINGW1 CALBO WEBINAR R. MCKEOWN 3/2743120001104422 18487 85.00 03/27/202502006142 CALIFORNIA BUILDINGW1 CALBO WEBINAR A. MARRON 3/2743120001104422 18487 85.00 03/27/202502006142 CALIFORNIA BUILDINGW1 CALBO WEBINAR M. VALDEZ 3/2743120001104422 18487 85.00 03/27/202502006142 CALIFORNIA BUILDINGW1 CALBO WEBINAR M. BARROSO 3/2743120001104422 18487 85.00 03/27/202502006143 CALTRANS- DEPARTMENT OFW1 SIGNAL/LIGHTING JUL-SEP 202443325001104250 SL250344 1,355.01 03/27/202502006144 CANNONE, RICHARDW1 NPC25 LDG 3/28-4/1 R.CANONE11501001100000 ADV LDG 0325RC 1,106.57 03/27/202502006144 CANNONE, RICHARDW1 NPC25 PRDM 3/28-4/1 R.CANONE11501001100000 ADV PD 0325RC 414.00 03/27/202502006144 CANNONE, RICHARDW1 NPC25 MILE 3/28-4/1 R.CANONE11501001100000 ADV MILE 0325RC 16.10 03/27/202502006145 CASH, PETTYW1 CASH OVER37991001100000 CASH OVER 3.20.2 -4.00 03/27/202502006145 CASH, PETTYW1 F&B BUDGET 101 MEETING43125001104150 VCHAVEZ 3.04.25 37.00 03/27/202502006145 CASH, PETTYW1 CV PROCURMENT MEETING 10.30.2443125001104150 JBARRON 10.30.24 23.25 03/27/202502006145 CASH, PETTYW1 MALL REDVELP MEETING PARKING43120001104430 ECEJA 8.12.24 4.00 03/27/202502006145 CASH, PETTYW1 MEETING DW 3.12.2543125001104430 MEETING 3.12.25 64.63 03/27/202502006145 CASH, PETTYW1 POSTAGE 2025 CALENDARS43660001104430 DTOMP 11.06.25 39.30 03/27/202502006145 CASH, PETTYW1 BLDG FEES - INV-454243062011104800 DTOMP 2.19.25 1.00 03/27/202502006145 CASH, PETTYW1 ART ESSAY PHOTOS42190004364650 DTOMP 3.18.25 21.05 03/27/202502006145 CASH, PETTYW1 BLDG FEES - DESERT X/PORTOLA43092004364650 DTOMPS 2.19.25 8.00 03/27/202502006145 CASH, PETTYW1 F&B CAC MEETING 11/13/2443125004364650 EPOWELL 11.14.24 9.78 03/27/2025Report Date 4Page City and Housing Docusign Envelope ID: 57FAB435-CA79-4FFE-9CB2-93825385A6F1 58 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/27/2025 - 3/27/2025 City of Palm Desert Account Number 03/27/202502006146 CHARTER COMMUNICATIONSW1 3/16-4/15 CORP YARD INTERNET43650001104190 189328601031425 91.56 03/27/202502006146 CHARTER COMMUNICATIONSW1 MR25 PHONE SERVICE - PDAC43650002424549 189329001031425 259.75 03/27/202502006146 CHARTER COMMUNICATIONSW1 MR25 PARKVIEW BLDG INTERNET43696015104195 229561901030125 169.99 03/27/202502006147 CITY OF INDIAN WELLSW1 FS#55 SHARED MAINT RMB43042012304220 20-20 686.95 03/27/202502006147 CITY OF INDIAN WELLSW1 FS 55 HVAC, Plumbing, Door Rep43042012304220 20-21 1,752.96 03/27/202502006147 CITY OF INDIAN WELLSW1 FS 55 Door Repair43042012304220 20-23 1,038.00 03/27/202502006147 CITY OF INDIAN WELLSW1 FS 55 Door Repair43042012304220 20-24 915.30 03/27/202502006148 CLARION ASSOCIATES LLCW1 Unified Develop Code Svc FE2543005001104470 10079 8,667.48 03/27/202502006149 COACHELLA VALLEY WATER DIST.W1 21 CONSTRUCTION METER43510001104310 820221768036MR25 125.00 03/27/202502006149 COACHELLA VALLEY WATER DIST.W1 26 CONSTRUCTION METER43510001104310 306823768022MR25 157.50 03/27/202502006149 COACHELLA VALLEY WATER DIST.W1 68 CONSTRUCTION METER43510001104310 306749767878MR25 136.70 03/27/202502006149 COACHELLA VALLEY WATER DIST.W1 BERTAIN A - LANDSCAPE UNIV PK43510001104611 830049443846MR25 642.64 03/27/202502006149 COACHELLA VALLEY WATER DIST.W1 BERTAIN A1 - FOUNTAIN UNIV43510001104611 830047443842MR25 26.08 03/27/202502006149 COACHELLA VALLEY WATER DIST.W1 NICHOLS DR - UNIV PK43510001104611 822075444102MR25 170.44 03/27/202502006149 COACHELLA VALLEY WATER DIST.W1 1150 WASHINGTON / I-1043510001104614 587615849914MR25 227.78 03/27/202502006149 COACHELLA VALLEY WATER DIST.W1 72880 HWY 111 - FIRE MTR SEARS43510004254430 800645741286MR25 86.99 03/27/202502006149 COACHELLA VALLEY WATER DIST.W1 PORTOLA AVE - LANDSCAPE43510001104614 805025629618MR25 69.04 03/27/202502006150 CONSOLIDATED ELECTRICALW1 R/M LIGHTS - CITY HALL43310001104340 5725-1151615 808.13 03/27/202502006151 COOL SOLUTIONSW1 R/M WINDOW TINT - LIBRARY43090002524662 6292 1,850.42 03/27/202502006152 COUNTY OF RIVERSIDE SHERIFFW1 Golf Cart Parade Extra Duty43061011104416 SH0000047024 18,215.68 03/27/202502006153 CRISCOM COMPANY INCW1 APR25 GRANT WRITING SVCS43090001104159 271468 3,750.00 03/27/202502006154 CROSSROADS SOFTWAREW1 24/25 Parking eCitation System43914002294210 7846 19,900.00 03/27/202502006155 DATA TICKET INCW1 CITATION PROCESSING FB2543090001104422 176419 421.90 03/27/202502006156 DEPARTMENT OF INDUSTRIALW1 ELEVATOR PERMIT - PARKVIEW43640001104330 E2145389 SB 225.00 03/27/202502006157 DEPARTMENT OF JUSTICEW1 24/25 BLOOD ALCOHOL ANALYSIS D43904001104210 806156 315.00 03/27/202502006158 DEPENDABLE BREAK ROOMW1 KITCHEN/COFFEE SUPPLIES - CH42190001104340 MI30761 1,540.40 03/27/202502006159 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - PARKVIEW43696015104195 258662 690.17 03/27/2025Report Date 5Page City and Housing Docusign Envelope ID: 57FAB435-CA79-4FFE-9CB2-93825385A6F1 59 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/27/2025 - 3/27/2025 City of Palm Desert Account Number 03/27/202502006160 DESERT FIRE EXTINGUISHERW1 R/M FIRE SYSTEM - HISTORICAL43090001104340 12490570 99.22 03/27/202502006160 DESERT FIRE EXTINGUISHERW1 R/M FIRE SYSTEM - PORTOLA43310001104344 12490552 117.62 03/27/202502006160 DESERT FIRE EXTINGUISHERW1 R/M FIRE SYSTEM - ARTIST CTR43885001104800 12490569 99.22 03/27/202502006160 DESERT FIRE EXTINGUISHERW1 R/M FIRE SYSTEM - FIRE STATION43310002304220 12490560 508.24 03/27/202502006160 DESERT FIRE EXTINGUISHERW1 R/M FIRE SYSTEM - HENDERSON43698005104195 12490567 194.07 03/27/202502006161 DESERT RECREATION DISTRICTW1 FB25 PARKS / REC SRVS - PCC43090001104344 3834 8,912.21 03/27/202502006161 DESERT RECREATION DISTRICTW1 FB25 PARK SRVS - CC PARK43092001104610 3833 48,800.82 03/27/202502006162 EDTECHNOLOGYFUNDS INCW1 E-Rate Cat 2 Consult- FEB 2543090002524662 2668 450.00 03/27/202502006163 Eleanor SanchezW1 Live Scan Reimb 2/19/25 ESanch43056001104154 0010 76.00 03/27/202502006164 ENGINEERING RESOURCESW1 Feb25 Prof Svcs Haystack Chann50004544204370 61213 4,936.01 03/27/202502006165 FIESTA FORDW1 R/M FLEET #003 CITY OWNED43340001104331 674579 4,043.96 03/27/202502006165 FIESTA FORDW1 R/M FLEET #072 CITY OWNED43340001104331 675835 1,765.80 03/27/202502006165 FIESTA FORDW1 R/M FLEET #253 CITY OWNED43340001104331 674000 3,036.69 03/27/202502006165 FIESTA FORDW1 R/M FLEET #010 CITY OWNED43340001104331 673878 6,159.90 03/27/202502006166 FIND FOOD BANKW1 MR25 FIND T1 SB138343090002364195 395486 2,416.66 03/27/202502006166 FIND FOOD BANKW1 MR25 FIND T2 SB138343090002364195 395485 4,375.00 03/27/202502006167 FRIENDS OF THE DESERT MOUNTAINW1 Sponsorship WildflowerFestival43062011104800 504 18,000.00 03/27/202502006168 GAME TIMEW1 BIKE RACKS - BUMP AND GRIND42190001104611 PJI-0263421 1,818.39 03/27/202502006169 GOVERNMENT FINANCEW1 GFOA RENWL S. CASTRO43630001104150 300293419 150.00 03/27/202502006170 GRANITE CONSTRUCTION CO INC.W1 RET REL 24251414 / C4783020600002130000 2900861 65,887.88 03/27/202502006171 GREAT WESTERN INSTALLATIONSW1 R/M PLAYGROUND SLIDE - HOVLEY44001004004618 2412086 9,065.00 03/27/202502006171 GREAT WESTERN INSTALLATIONSW1 R/M PLAYGROUND SLIDE - WCS44001004004618 2411046 10,495.00 03/27/202502006172 HAMMER PLUMBING AND PUMPINGW1 CAHUILLA RESTROOM PUMP SRV43310001104611 33752-1 395.00 03/27/202502006173 HOLISTIC SYSTEM INTEGRATIONW1 Principal Consultant-FE2543090001104421 INV-000127 14,500.00 03/27/202502006174 IMPERIAL IRRIGATION DISTRICTW1 DINAH SHORE DR/SHOPPER43514001104250 50087402-FB25 54.04 03/27/202502006174 IMPERIAL IRRIGATION DISTRICTW1 DINAH SHORE DR/MIRIAM43514001104250 50087411-FB25 53.85 03/27/202502006174 IMPERIAL IRRIGATION DISTRICTW1 72800 DINAH SHORE DRIVE43514001104250 50087423-FB25 73.56 03/27/2025Report Date 6Page City and Housing Docusign Envelope ID: 57FAB435-CA79-4FFE-9CB2-93825385A6F1 60 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/27/2025 - 3/27/2025 City of Palm Desert Account Number 03/27/202502006174 IMPERIAL IRRIGATION DISTRICTW1 DINAH SHORE DR/MONTERREY43514001104250 50087432-FB25 93.97 03/27/202502006174 IMPERIAL IRRIGATION DISTRICTW1 DINAH SHORE DR/MONTEREY43514001104250 50087443-FB25 56.52 03/27/202502006174 IMPERIAL IRRIGATION DISTRICTW1 DINAH SHORE DR/MIRIAM43514001104250 50087452-FB25 81.91 03/27/202502006174 IMPERIAL IRRIGATION DISTRICTW1 37998 GERALD FORD DR43514001104250 50514026-FB25 54.39 03/27/202502006174 IMPERIAL IRRIGATION DISTRICTW1 37996 GERALD FORD DR SIGNAL LT43514001104250 50514028-FB25 70.90 03/27/202502006174 IMPERIAL IRRIGATION DISTRICTW1 75396 FRANK SINATRA DR43514001104250 50540835-FB25 54.39 03/27/202502006174 IMPERIAL IRRIGATION DISTRICTW1 75394 FRANK SINATRA DR ST LIGH43514001104250 50540839-FB25 39.83 03/27/202502006174 IMPERIAL IRRIGATION DISTRICTW1 75398 FRANK SINATRA DR43514001104250 50540840-FB25 58.65 03/27/202502006174 IMPERIAL IRRIGATION DISTRICTW1 33108 MONT SAFETY LT43514001104250 50887764-FB25 159.93 03/27/202502006174 IMPERIAL IRRIGATION DISTRICTW1 34249 MONTEREY AVE43514001104614 50488446-FB25 26.69 03/27/202502006175 IMPERIAL SPRINKLER SUPPLYW1 R/M IRRIG SUPPLIES - CC PARK43320011104610 0019635282-001 250.40 03/27/202502006175 IMPERIAL SPRINKLER SUPPLYW1 LANDSCAPE SUPPLIES - FLAGS42190001104614 0019646618-001 91.89 03/27/202502006176 INTERNATIONAL CODE COUNCILW1 21 IBC & CONCRETE MANUAL43620001104420 1002025480 304.93 03/27/202502006177 JOHN KALISKI ARCHITECTS INCW1 Downtwn&Hillside DesignSvcFB2543005001104470 7009 4,089.93 03/27/202502006178 JON'S FLAGS & POLES INCW1 FLAGS - CITY HALL42190001104340 F90892 1,524.66 03/27/202502006179 JORDAN , MIREYAW1 Live Scan Reimb 3/3/25 MJordan43056001104154 000015 76.00 03/27/202502006180 KINCAID INDUSTRIES INCW1 R/M PLUMBING - CITY HALL43310001104340 5726 312.54 03/27/202502006181 LAWYERS TITLE COMPANYW1 PRELIM REPORT APN 694-160-00943090001104422 LT6256900686-1 700.00 03/27/202502006182 LOCK SHOP INC.W1 R/M FLEET #091 OWNED - KEYS43340001104331 AA10067414 417.84 03/27/202502006183 LOPEZ , CESARW1 BOOT REIM C. LOPEZ 2/6/2543915001104420 BOOTREIM 0225CL 166.99 03/27/202502006184 M & M SWEEPING INC.W1 FB25 CITYWIDE STREET SWEEPING43320001104310 68619 16,604.50 03/27/202502006184 M & M SWEEPING INC.W1 FB25 PARKING LOT SWEEPING - CY43310001104330 68619 355.25 03/27/202502006184 M & M SWEEPING INC.W1 PARKING LOT SWEEPING - CC PARK43321001104610 68619 798.00 03/27/202502006184 M & M SWEEPING INC.W1 PARKING LOT SWEEPING - PARKS43325011104611 68619 643.50 03/27/202502006184 M & M SWEEPING INC.W1 PARKING LOT SWEEPING - ENTRADA43921011104614 68619 258.00 03/27/202502006184 M & M SWEEPING INC.W1 PARKING LOT SWEEPING - PDAC43311012424549 68619 146.25 03/27/202502006184 M & M SWEEPING INC.W1 PARKING LOT SWEEPING - PP E/W43091032774373 68619 619.50 03/27/2025Report Date 7Page City and Housing Docusign Envelope ID: 57FAB435-CA79-4FFE-9CB2-93825385A6F1 61 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/27/2025 - 3/27/2025 City of Palm Desert Account Number 03/27/202502006184 M & M SWEEPING INC.W1 PARKING LOT SWEEPING - PP III43091032824373 68619 478.50 03/27/202502006184 M & M SWEEPING INC.W1 PARKING LOT SWEEPING - PRKVW43696015104195 68619 196.50 03/27/202502006184 M & M SWEEPING INC.W1 XTRA SWEEPING - EL PASEO FILM43320001104310 68714 185.00 03/27/202502006184 M & M SWEEPING INC.W1 XTRA SWEEPING - SLURRY SEAL CY43320001104310 68715 623.00 03/27/202502006185 MAGER, VANESSAW1 PRK CSUSB Grad Days 3/13 Reimb43125001104417 V.M REIM 3.13.25 10.00 03/27/202502006186 MCI A VERIZON COMPANYW1 JN25 PORTOLA PHONE SVCS43650001104344 409134661 87.76 03/27/202502006187 MERCHANTS BUILDINGW1 EXTRA JANITORIAL SRVS - PDAC43311012424549 864015 450.00 03/27/202502006187 MERCHANTS BUILDINGW1 EXTRA JANITORIAL SRVS -LIBRARY43326002524662 864027 551.00 03/27/202502006187 MERCHANTS BUILDINGW1 PRESSURE WASH - PARKVIEW43696015104195 864028 750.00 03/27/202502006188 MILLER, BRIDGET MAEW1 Art Essay Award - Photography43092004364650 00816 300.00 03/27/202502006189 OZZIE'S INTERNATIONALW1 R/M FLEET #010 CITY OWNED43340001104331 37916 609.04 03/27/202502006189 OZZIE'S INTERNATIONALW1 R/M FLEET #068 CITY OWNED43340001104331 37999 113.69 03/27/202502006189 OZZIE'S INTERNATIONALW1 R/M FLEET #090 LEASE43340001104331 37803 975.18 03/27/202502006189 OZZIE'S INTERNATIONALW1 R/M FLEET #004 LEASE43340001104331 37868 707.83 03/27/202502006190 PALM DESERT ACE HARDWAREW1 BATTERIES - CITY HALL42190001104340 249704 14.86 03/27/202502006190 PALM DESERT ACE HARDWAREW1 R/M BLDG SUPPLIES - CITY HALL42190001104340 249763 139.60 03/27/202502006190 PALM DESERT ACE HARDWAREW1 R/M BLDG SUPPLIES - CITY HALL43310001104340 249598 37.69 03/27/202502006190 PALM DESERT ACE HARDWAREW1 LANDSCAPE SUPPLIES - CC PARK42190001104610 249853 20.45 03/27/202502006191 Patricia DeckettW1 Live Scan Reimb 3/7/25 PDecket43056001104154 00771Q 74.00 03/27/202502006192 PAVEWEST INCW1 PARKING LOT REHAB MAINT43320001104313 5362 95,066.00 03/27/202502006192 PAVEWEST INCW1 PARKING LOT REHAB MAINT43320001104313 5363 76,763.00 03/27/202502006193 PENTA, RYLANDW1 F&B CSUSB GradDays 3/13 Reimb43125001104417 R.P REIM 3.13.25 69.95 03/27/202502006193 PENTA, RYLANDW1 PRK CSUSB GradDays 3/13 Reimb43125001104417 R.P REIM 3.13.25 10.00 03/27/202502006193 PENTA, RYLANDW1 PD HOA Meeting 3/15/25 Reimb43125001104417 R.P REIM 3.15.25 109.63 03/27/202502006194 POWELL, ERICAW1 Art Essay Ceremony - Supplies42190004364650 E POWELL ARTESSA 144.70 03/27/202502006195 QUINN COMPANYW1 R/M BROOM #242 CITY OWNED43340001104331 WOK30021084 6,716.35 03/27/202502006195 QUINN COMPANYW1 R/M FLEET #242 CITY OWNED43340001104331 WOA30002798 2,084.52 03/27/2025Report Date 8Page City and Housing Docusign Envelope ID: 57FAB435-CA79-4FFE-9CB2-93825385A6F1 62 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/27/2025 - 3/27/2025 City of Palm Desert Account Number 03/27/202502006196 RETAIL MARKETING SERVICESW1 Shopping Cart Retrieval-FB2543090001104422 195183 660.00 03/27/202502006197 SCAGW1 SCAG CONF REGISTRATION RCANNON43125001104470 GA25-032025-0155 400.00 03/27/202502006198 SHASTA FIRE PROTECTIONW1 FIRE SPRNKLR IMP - BREAKROOM44001004504161 9268 1,200.00 03/27/202502006199 SHERMAN'S DELICATESSEN AND BAKERYW1 GOBI EVENT F&B 3/29/2543900002524662 5413 886.78 03/27/202502006200 SLADDEN ENGINEERINGW1 R/M BLDG INSPECTION - FS #6744001002304220 56851 380.00 03/27/202502006201 SO CAL GASW1 73510 FW CITY HALL43512001104340 20092710001-FB25 493.38 03/27/202502006201 SO CAL GASW1 73751 MAGNESIA FALLS - POOL43512002424549 13149517933-MR25 11,685.95 03/27/202502006201 SO CAL GASW1 MR25 GAS UTILITY - CORP YARD43512001104330 05382896149-MR25 88.71 03/27/202502006202 SOUTH COAST AQMDW1 24/25 AQMD LATE FEE ID20459043640002424549 4455474-1 16.60 03/27/202502006203 SOUTHERN CALIFORNIA EDISONW1 73710 FW DR STE 12043514005104195 700949393204JN25 2,608.54 03/27/202502006203 SOUTHERN CALIFORNIA EDISONW1 73710 FW DR STE 12043514005104195 700949393204FB25 128.68 03/27/202502006203 SOUTHERN CALIFORNIA EDISONW1 TRAFFIC SIGNALS TC-143514001104250 600001002544FB25 281.87 03/27/202502006203 SOUTHERN CALIFORNIA EDISONW1 73510 FW PARKS AL-243514001104611 700383536327MR25 5,550.44 03/27/202502006203 SOUTHERN CALIFORNIA EDISONW1 73296 ALESSANDRO WW43514001104614 700646851517FB25 94.72 03/27/202502006204 SUPERIOR READY MIX CONCRETEW1 R/M CONCRETE - PDAC ADA RAMPS43320001104310 950000202712 2,220.62 03/27/202502006205 T-MOBILE USA INCW1 MIFI - CIP43650001104134 4423902613-FEB25 31.15 03/27/202502006205 T-MOBILE USA INCW1 MIFI - CIP43650001104134 4423902622-FEB25 31.15 03/27/202502006205 T-MOBILE USA INCW1 MIFI - FINANCE43650001104150 4423902272-FEB25 31.15 03/27/202502006205 T-MOBILE USA INCW1 MIFI - INFO TECH43650001104190 4423902461-FEB25 31.15 03/27/202502006205 T-MOBILE USA INCW1 MIFI - INFO TECH43650001104190 4423002599-FEB25 31.15 03/27/202502006205 T-MOBILE USA INCW1 MIFI - INFO TECH43650001104190 4423902607-FEB25 31.15 03/27/202502006205 T-MOBILE USA INCW1 MIFI - INFO TECH43650001104190 4423902619-FEB25 31.15 03/27/202502006205 T-MOBILE USA INCW1 MIFI - INFO TECH43650001104190 4423902752-FEB25 31.15 03/27/202502006205 T-MOBILE USA INCW1 MIFI - BUILDING & SAFETY43650001104420 4423901300-FEB25 31.15 03/27/202502006205 T-MOBILE USA INCW1 MIFI - BUILDING & SAFETY43650001104420 4423902244-FEB25 31.15 03/27/202502006205 T-MOBILE USA INCW1 MIFI - BUILDING & SAFETY43650001104420 4423902271-FEB25 31.15 03/27/202502006205 T-MOBILE USA INCW1 MIFI - BUILDING & SAFETY43650001104420 4423902477-FEB25 31.15 03/27/2025Report Date 9Page City and Housing Docusign Envelope ID: 57FAB435-CA79-4FFE-9CB2-93825385A6F1 63 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/27/2025 - 3/27/2025 City of Palm Desert Account Number 03/27/202502006205 T-MOBILE USA INCW1 MIFI - BUILDING & SAFETY43650001104420 4423902601-FEB25 31.15 03/27/202502006205 T-MOBILE USA INCW1 MIFI - BUILDING & SAFETY43650001104420 4423902629-FEB25 31.15 03/27/202502006205 T-MOBILE USA INCW1 MIFI- CODE43650001104422 4423901260-FEB25 31.15 03/27/202502006205 T-MOBILE USA INCW1 MIFI - CODE43650001104422 4423902104-FEB25 31.15 03/27/202502006205 T-MOBILE USA INCW1 MIFI - CODE43650001104422 4423902351-FEB25 31.15 03/27/202502006205 T-MOBILE USA INCW1 MIFI - CODE43650001104422 4423902617-FEB25 31.15 03/27/202502006205 T-MOBILE USA INCW1 MIFI - CODE43650001104422 4423902634-FEB25 31.15 03/27/202502006205 T-MOBILE USA INCW1 MIFI - LANDSCAPING43650001104614 4423902983-FEB25 31.15 03/27/202502006206 THE CHURCH OF JESUS CHRISTW1 O/P Planning Fees37991001100000 PSPA24-0086 REF 168.00 03/27/202502006207 TOPS N BARRICADES INC.W1 ST SUPPLIES - MEASURING WHEELS42190001104310 1112436 341.26 03/27/202502006207 TOPS N BARRICADES INC.W1 ST SUPPLIES - WARNING SIGNS42190001104310 1112435 696.00 03/27/202502006208 TOWNSEND PUBLIC AFFAIRS INCW1 JAN25 Grant Writing & Advocacy43090001104159 22794 9,000.00 03/27/202502006208 TOWNSEND PUBLIC AFFAIRS INCW1 MAR25 Grant Writing & Advocacy43090001104159 23089 9,000.00 03/27/202502006209 ULINE INCW1 LIBRARY SUPPLIES42110002524662 190085074 298.75 03/27/202502006209 ULINE INCW1 VERTICAL PANELS44040002524662 190085074 648.00 03/27/202502006210 WATERLINE TECHNOLOGIES INCW1 CHEMICALS - AQUATIC CENTER42111002424549 5730322 1,358.30 03/27/202502006210 WATERLINE TECHNOLOGIES INCW1 CHEMICALS - AQUATIC CENTER42111002424549 5729125 890.88 03/27/202502006210 WATERLINE TECHNOLOGIES INCW1 CHEMICALS - AQUATIC CENTER42111002424549 5729134 389.45 03/27/202502006210 WATERLINE TECHNOLOGIES INCW1 CHEMICALS - AQUATIC CENTER42111002424549 5729505 856.61 03/27/202502006211 WAXIEW1 JANITORIAL SUPPLIES -CITY HALL42190001104340 83086007 408.39 03/27/202502006212 XPRESS GRAPHICSW1 Annual Financial Report Print43610001104150 25-68599 1,327.96 03/27/202502006212 XPRESS GRAPHICSW1 Mailers for Mtn View Ret Basin42191004004159 25-69202 253.04 03/27/202502006212 XPRESS GRAPHICSW1 Library Stickers43610001104417 25-69332 478.58 03/27/2025Report Date 10Page City and Housing Docusign Envelope ID: 57FAB435-CA79-4FFE-9CB2-93825385A6F1 64 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/27/2025 - 3/27/2025 City of Palm Desert Account Number Examined and Approved Total For Bank ID - W1 2,346,922.81City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 03/27/2025Report Date 11Page City and Housing Docusign Envelope ID: 57FAB435-CA79-4FFE-9CB2-93825385A6F1 65 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/27/2025 - 3/27/2025 City of Palm Desert Account Number 03/27/202500002554 US BANKW3 2017H-A US BANK FEES 7/25-1/2614301007030000 7658495 1,458.33 03/27/202500002554 US BANKW3 2017A US BANK FEES 7/25-1/2614301007030000 7658750 1,458.33 03/27/202500002554 US BANKW3 2017b US BANK FEES 7/25-1/2614301007030000 7658750 1,458.33 03/27/202500002554 US BANKW3 2017H-A US BANK FEES 7/25-1/2643090007034195 7658495 1,041.67 03/27/202500002554 US BANKW3 2017A US BANK FEES 2/25-6/2543090007034195 7658750 1,041.67 03/27/202500002554 US BANKW3 2017B US BANK FEES 2/25-6/2543090007034195 7658750 1,041.67 03/27/202500003126 WILLDAN FINANCIAL SERVICESW3 FY23/24 CONT DISCLOSURE SVCS43090007034195 010-61386 1,980.00 Examined and Approved Total For Bank ID - W3 9,480.00City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 03/27/2025Report Date 12Page Successor Agency Docusign Envelope ID: 57FAB435-CA79-4FFE-9CB2-93825385A6F1 66 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/28/2025 - 3/28/2025 City of Palm Desert Account Number 03/28/202500003950 CALIBA INCW1 RTNT 24251714 / C45120B20600002300000 PP#1-RTNT -16,268.65 03/28/202500003950 CALIBA INCW1 Feb25 - NS FS102 Construction44002002304220 PP#1 325,373.00 Examined and Approved Total For Bank ID - W1 309,104.35City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 03/28/2025Report Date 1Page City and Housing Docusign Envelope ID: BF82ABF4-F074-45AB-9C75-30DBF9C4EFE7 67 68 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 3/31/2025 - 3/31/2025 City of Palm Desert Account Number 03/31/202502006213 MOCTEZUMA, LUISW1 SWANA LDG 4/6-4/10 LM11501002360000 SWANA LDG 4.06 858.39 03/31/202502006213 MOCTEZUMA, LUISW1 SWANA PRDM 4/6-4/10 LM11501002360000 SWANA PRDM 4.06 387.00 Examined and Approved Total For Bank ID - W1 1,245.39City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 03/31/2025Report Date 1Page City and Housing Docusign Envelope ID: 70D6D21F-9A9D-4C4D-9B7C-65E1D89A46E8 69 70 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 4/3/2025 - 4/3/2025 City of Palm Desert Account Number 04/03/202500003951 ADKINS, MICHAELW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 1,574.39 04/03/202500003952 ALLEN, FRANKW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 320.02 04/03/202500003953 AVERY, ANNW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 657.41 04/03/202500003954 BASSLER, THOMASW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 758.55 04/03/202500003955 BISHOP, ROBERTW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 707.98 04/03/202500003956 BLYTHE, BARBARAW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 291.10 04/03/202500003957 BO CHENW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 550.44 04/03/202500003958 BRADLEY, DEBRAW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 320.02 04/03/202500003959 BROWN, MICHAELW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 829.30 04/03/202500003960 CANALES, CHRISTINAW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 532.61 04/03/202500003961 CECHIN, TERRYW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 835.62 04/03/202500003962 CEHR, DAVIDW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 758.55 04/03/202500003963 CICCHINI, SUZANNEW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 1,267.82 04/03/202500003964 CONLON, PATRICK C.W1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 758.55 04/03/202500003965 CRAWFORD, DANNYW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 2,033.00 04/03/202500003966 CROY, HOMERW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 505.70 04/03/202500003967 DARLING, GLORIAW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 320.02 04/03/202500003968 HOLLINGER, DIANEW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 758.55 04/03/202500003969 DIERCKS, MARKW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 138.81 04/03/202500003970 DOYLE, KARENW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 760.58 04/03/202500003971 DRELL, PHILIP D.W1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 758.55 04/03/202500003972 ESPINOZA, JOSE LUISW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 2,345.77 04/03/202500003973 FANNING, JODIW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 1,101.78 04/03/202500003974 FERGUSON, JAMES C.W1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 1,098.78 04/03/202500003975 FLINT, DAVIDW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 277.35 04/03/202500003976 FOLKERS, RICHARD J.W1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 320.02 04/03/202500003977 GARCIA, MIGUELW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 829.30 04/03/2025Report Date 1Page City and Housing Docusign Envelope ID: 2ECA6B97-3CDA-47DC-96B2-46EBB4C2E37C 71 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 4/3/2025 - 4/3/2025 City of Palm Desert Account Number 04/03/202500003978 GARNER, PAGEW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 1,253.44 04/03/202500003979 GAUGUSH, CORAW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 758.55 04/03/202500003980 GLICKMAN, DEBORAH SCHWARTZW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 1,777.09 04/03/202500003981 GODFREY, BEN ORRINW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 758.55 04/03/202500003982 GOMEZ, DONNAW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 1,267.82 04/03/202500003983 GRANCE, RUSSELLW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 1,086.31 04/03/202500003984 GREENWOOD, MARKW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 1,777.09 04/03/202500003985 GRIFFIN, ROSALVAW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 316.90 04/03/202500003986 HENDERSON, RHONDAW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 944.86 04/03/202500003987 HERMANN, DAVIDW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 1,658.62 04/03/202500003988 HERNANDEZ, ANTHONYW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 829.30 04/03/202500003989 HERNANDEZ, CARLOSW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 1,777.09 04/03/202500003990 HOLTZ, GREGGW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 758.55 04/03/202500003991 JOHNSON, SONDRAW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 758.55 04/03/202500003992 JOY, PHILLIP E.W1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 576.39 04/03/202500003993 JUDY, JANINE MARIEW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 298.69 04/03/202500003994 KARIMI, BASHIER AHMADW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 320.02 04/03/202500003995 KILPATRICK, SHAWNW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 1,748.32 04/03/202500003996 KLASSEN, RACHELLE D.W1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 1,267.82 04/03/202500003997 KNIGHT, SPENCERW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 758.55 04/03/202500003998 KNUTSON, LAURELW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 198.97 04/03/202500003999 LEAL, DIANAW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 1,124.22 04/03/202500004000 LEON, PATRICIAW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 829.30 04/03/202500004001 LONGMAN, ELIZABETH M.W1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 174.17 04/03/202500004002 MCBRIDE, CRAIGW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 320.02 04/03/202500004003 MCCARTHY, JUSTINW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 606.84 04/03/202500004004 METZ, THOMASW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 1,836.50 04/03/2025Report Date 2Page City and Housing Docusign Envelope ID: 2ECA6B97-3CDA-47DC-96B2-46EBB4C2E37C 72 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 4/3/2025 - 4/3/2025 City of Palm Desert Account Number 04/03/202500004005 MONROE, TONYAW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 829.30 04/03/202500004006 MOORE, JANETW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 1,777.09 04/03/202500004007 MOORE, RUTH ANNW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 320.02 04/03/202500004008 NEELY, MICHAELW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 758.55 04/03/202500004009 NIEMCZAK, JAYW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 156.34 04/03/202500004010 O'REILLY, MONICAW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 1,183.72 04/03/202500004011 OSBORN, LINDAW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 320.02 04/03/202500004012 PONDER, HARTW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 174.17 04/03/202500004013 PRUSINOWSKI, KARENW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 657.41 04/03/202500004014 REAM, LISAW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 390.58 04/03/202500004015 RIDDLE, FRANKIEW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 814.91 04/03/202500004016 ROCHA, GRACE L.W1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 934.83 04/03/202500004017 ROSAS, JOSEW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 1,574.39 04/03/202500004018 ROSAS, SERGIOW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 758.55 04/03/202500004019 RUSSELL, LINDAW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 532.84 04/03/202500004020 SCULLY, PATRICIA H.W1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 320.02 04/03/202500004021 CHRISTIANSEN, SHARONW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 829.30 04/03/202500004022 SMITH, STEPHEN R.W1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 758.55 04/03/202500004023 STANLEY, JANEW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 472.22 04/03/202500004024 SZYMANSKI, BETTYW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 1,436.87 04/03/202500004025 TOWNSEND, ALANAW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 362.69 04/03/202500004026 TUCKER, RONW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 532.61 04/03/202500004027 WALKER, DELW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 369.71 04/03/202500004028 WEIL, CHIN-YUW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 532.61 04/03/202500004029 WELLER, DENIW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 758.55 04/03/202500004030 WHITE, BRYCEW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 298.69 04/03/202500004031 WILCOX, DARINW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 377.07 04/03/2025Report Date 3Page City and Housing Docusign Envelope ID: 2ECA6B97-3CDA-47DC-96B2-46EBB4C2E37C 73 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 4/3/2025 - 4/3/2025 City of Palm Desert Account Number 04/03/202500004032 WITTE, LOCKW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 1,318.60 04/03/202500004033 WOHLMUTH, JOHNW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 825.57 04/03/202500004034 ZAMARRIPA, AARONW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 829.30 04/03/202500004035 ZAMORA, FLORENTINO G.W1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 396.12 04/03/202500004036 ZATARAIN, ABELW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 1,101.78 04/03/202500004037 ZATARAIN, GERARDOW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 1,267.82 04/03/202502006215 BEDROSIAN, PATRICKW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 298.69 04/03/202502006216 FENSKE, CHARLESW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 758.55 04/03/202502006217 WRIGHT, BARBARAW1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 320.02 04/03/202502006218 YRIGOYEN, DAVID L.W1 RETIREE HEALTH STIPEND Apr- 2541190005764192 4/1/2025 758.55 Examined and Approved Total For Bank ID - W1 73,299.71City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 04/03/2025Report Date 4Page City and Housing Docusign Envelope ID: 2ECA6B97-3CDA-47DC-96B2-46EBB4C2E37C 74 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 10, 2025 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: RATIFICATION OF LETTERS OF SUPPORT FOR CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO FUNDING REQUESTS FOR AN ARTIFICIAL INTELLIGENCE AND VIRTUAL REALITY RESEARCH AND RETRAINING CENTER AND REGIONAL ENTREPRENEURIAL RESOURCE CENTERS PROGRAM RECOMMENDATION: Ratify letters of support for California State University, San Bernardino’s (CSUSB) Community Project Funding requests for the establishment of an Artificial Intelligence (AI) and Virtual Reality (VR) Research and Retraining Center and the Regional Entrepreneurial Resource Centers Program. BACKGROUND/ANALYSIS: At the request of CSUSB, the City Council Subcommittee on Governmental Affairs, comprised of Mayor Harnik and Mayor Pro Tem Trubee, approved the issuance of two letters of support on March 28, 2025. Letters were submitted to Senators Alex Padilla and Adam Schiff to support CSUSB’s Community Project Funding (CPF) requests. 1. Artificial Intelligence and Virtual Reality Research and Retraining Center This center will enhance CSUSB’s nationally recognized Cybersecurity Workforce Development Program by integrating AI-driven security solutions and virtual reality-based training. The center aims to address the pressing need for retraining and upskilling the regional workforce. 2. Regional Entrepreneurial Resource Centers Program The Inland Empire Center for Entrepreneurship (IECE) at CSUSB is the largest entrepreneurial support organization in the region. The additional CPF funds will expand resource centers in Palm Desert, Temecula, and San Bernardino. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no financial impact associated with this action ATTACHMENTS: 1. Letter of Support-Padilla 2. Letter of Support-Schiff 75 76 C I T Y O F P A L M D E S E R T 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760-346-0611 INFO@PALMDESERT.GOV March 25, 2025 The Honorable Alex Padilla United States Senator 331 Hart Senate Office Building Washington D.C. 20510 Subject: Support for Community Project Funding for California State University, San Bernardino Dear Senator Padilla, As Mayor of Palm Desert, I am writing to express the City’s strong support for California State University, San Bernardino’s (CSUSB) Community Project Funding (CPF) requests: $1,250,000 for the establishment of an Artificial Intelligence (AI) and Virtual Reality (VR) Research and Retraining Center, and $2,490,000 for the Regional Entrepreneurial Resource Centers program. Recent studies indicate that over 80% of workforce tasks may be augmented or replaced by AI. This underscores the urgent need to equip our workforce with specialized skills in these emerging fields. The proposed AI and VR Center will build upon CSUSB’s nat ionally recognized Cybersecurity Workforce Development Program by incorporating AI-driven security solutions and immersive VR-based training. These innovations will help develop a robust talent pipeline capable of addressing the complexities of modern cybersecurity and supply chain operations. Additionally, the Inland Empire Center for Entrepreneurship (IECE) at CSUSB is the largest entrepreneurial support organization in the region. Since 2000, the IECE has delivered entrepreneurial training and small business counseling to more than 183,000 businesses, resulting in an economic impact of over $700 million, supporting more than 46,268 jobs and creating more than 2,400 distinct startups. These services are crucial for economic development in the Inland Empire. We respectfully urge your favorable consideration of CSUSB’s requests for $1.25 million to support the AI and VR Research and Retraining Center and $2.49 million to fund the Regional Entrepreneurial Resource Centers located in Palm Desert, Temecula, and San Bernardino. Sincerely, Jan C. Harnik Mayor, City of Palm Desert 77 78 C I T Y O F P A L M D E S E R T 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760-346-0611 INFO@PALMDESERT.GOV March 25, 2025 The Honorable Adam Schiff United States Senator 112 Hart Senate Office Building Washington D.C. 20510 Subject: Support for Community Project Funding for California State University, San Bernardino Dear Senator Schiff, As Mayor of Palm Desert, I am writing to express the City’s strong support for California State University, San Bernardino’s (CSUSB) Community Project Funding (CPF) requests: $1,250,000 for the establishment of an Artificial Intelligence (AI) and Virtual Reality (VR) Research and Retraining Center, and $2,490,000 for the Regional Entrepreneurial Resource Centers program. Recent studies indicate that over 80% of workforce tasks may be augmented or replaced by AI. This underscores the urgent need to equip our workforce with specialized skills in these emerging fields. The proposed AI and VR Center will build upon CSUSB’s nat ionally recognized Cybersecurity Workforce Development Program by incorporating AI-driven security solutions and immersive VR-based training. These innovations will help develop a robust talent pipeline capable of addressing the complexities of modern cybersecurity and supply chain operations. Additionally, the Inland Empire Center for Entrepreneurship (IECE) at CSUSB is the largest entrepreneurial support organization in the region. Since 2000, the IECE has delivered entrepreneurial training and small business counseling to more than 183,000 businesses, resulting in an economic impact of over $700 million, supporting more than 46,268 jobs and creating more than 2,400 distinct startups. These services are crucial for economic development in the Inland Empire. We respectfully urge your favorable consideration of CSUSB’s requests for $1.25 million to support the AI and VR Research and Retraining Center and $2.49 million to fund the Regional Entrepreneurial Resource Centers located in Palm Desert, Temecula, and San Bernardino. Sincerely, Jan C. Harnik Mayor, City of Palm Desert 79 80 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 10, 2025 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: RATIFICATION OF LETTER OF SUPPORT FOR PALM SPRINGS INTERNATIONAL AIRPORT INLINE BAGGAGE HANDLING SYSTEM AND TERMINAL EXPANSION PROJECT RECOMMENDATION: Ratify the letter of support for the City of Palm Springs’ Community Project Funding request for the Palm Springs International Airport Inline Baggage Handling System and Terminal Expansion Project. BACKGROUND/ANALYSIS: At the request of the City of Palm Springs, the City Council Subcommittee on Governmental Affairs, comprised of Mayor Harnik and Mayor Pro Tem Trubee, approved the issuance of a letter of support on April 1, 2025. The letter was submitted to Senators Alex Padilla and Adam Schiff, and Congressman Ken Calvert, supporting Palm Springs’ Community Project Funding (CPF) request. Palm Springs International Airport Inline Baggage Handling System and Terminal Expansion Project This project will construct a new 10,000-square-foot facility to modernize and streamline baggage handling operations at Palm Springs International Airport (PSP). Key components of the project include: Installation of an advanced inline baggage screening system with the capacity to process up to 652 bags per hour. Direct connection of existing ticket counters to the new system. Dedicated areas for oversized baggage and TSA level two inspections. New IT infrastructure, power supply systems, and control rooms. Industry-standard belted conveyors for reliable and efficient baggage processing. The project will enhance operational capacity, reduce delays, and improve the passenger experience. Environmental clearance has already been completed, making the project shovel- ready upon securing funding. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no financial impact associated with this action. 81 City of Palm Desert Letter of Support for Palm Springs International Airport Baggage Handling and Expansion Page 2 of 2 ATTACHMENT: 1. Letter of Support – Palm Springs International Airport 82 C I T Y O F P A L M D E S E R T 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760-346-0611 INFO@PALMDESERT.GOV April 1, 2025 The Honorable Alex Padilla United States Senate 331 Hart Senate Office Building Washington, DC 20510 The Honorable Adam Schiff United States Senate 112 Hart Senate Office Building Washington, DC 20510 The Honorable Ken Calvert United States House of Representatives 2205 Rayburn House Office Building Washington, DC 20515 RE: Support for the City of Palm Springs Airport Inline Baggage Handling System and Terminal Expansion Project Dear Senator Padilla, Senator Schiff, and Congressman Calvert: On behalf of the City of Palm Desert, I respectfully request your support for community project funding for the Palm Springs International Airport (PSP) Inline Baggage Handling System and Terminal Expansion Project. This critical project will construct a new 10,000-square-foot facility to modernize and streamline baggage handling at PSP. The project includes the installation of an advanced inline baggage screening system capable of processing up to 652 bags per hour, significantly improving efficiency and throughput. The upgrades will connect existing ticket counters directly to the new system and will incorporate dedicated operational areas for oversized baggage and TSA level two inspections. In addition, the project will establish new IT infrastructure, power supply systems, and control rooms necessary to operate the enhanced facility. The system will utilize industry-standard belted conveyors to transport, process, and sort all outbound baggage, ensuring reliable and efficient service. These improvements are essential to enhancing the airport’s operational capacity, reducing delays, and elevating the overall passenger experience. With environmental clearance already complete, the project is shovel-ready and can begin construction immediately upon securing the necessary funding. Thank you for your consideration and your continued commitment to supporting our region. Sincerely, Jan C. Harnik Mayor, City of Palm Desert 83 84 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 10, 2025 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: LETTER OF SUPPORT FOR SENATE BILL 664 (OCHOA BOGH) AND MONITOR ASSEMBLY BILL 262 (CALOZA) RECOMMENDATION: 1. Direct staff to take a monitor position on Assembly Bill 262 (Caloza) – California Individual Assistance Act, allowing staff to track the bill as it progresses and return for further City Council consideration once a legislative analysis and fiscal impact are available. 2. Authorize the issuance of a letter of support for Senate Bill 664 (Ochoa Bogh) – Blue Envelope Program. BACKGROUND/ANALYSIS: At the City Council meeting of March 27, 2025, Councilmember Quint anilla, with the concurrence of Mayor Harnik, requested that the City Council Subcommittee on Legislative Affairs review Assembly Bill 262 (Caloza) and Senate Bill 664 (Ochoa Bogh) to determine whether to recommend City positions. The Subcommittee, consisting of Mayor Harnik and Mayor Pro Tem Trubee, subsequently reviewed both bills. The Subcommittee expressed support for issuing a letter of support for SB 664. However, the Subcommittee recommended taking no position on AB 262 at this time and instead monitoring its progress. AB 262 is still in the early stages of the legislative process and is pending a formal bill analysis. Additionally, while the bill would create a new state grant program to assist individuals, families, and local agencies with disaster recovery costs, the bill does not yet identify a specific funding structure or fiscal impact. Assembly Bill 262 (Caloza) – California Individual Assistance Act AB 262 would establish a state -funded grant program to assist individuals, families, local agencies, and community-based organizations with disaster recovery costs. The program is intended to provide financial assistance for housing repairs, essential personal property replacement, income loss, and other recovery needs when disasters do not meet th resholds for federal individual assistance. Senate Bill 664 (Ochoa Bogh) – Blue Envelope Program SB 664 would require the Department of Motor Vehicles (DMV) to create the Blue Envelope Program by January 1, 2027. The program would provide individuals with disabilities or conditions that may require additional accommodations during traffic stops with a standardized envelope. The envelope would contain safety tips for the individual, recommended communication strategies for law enforcement, and space for per sonal and emergency contact information. 85 City of Palm Desert Assembly Bill 262 and Senate Bill 664 Page 2 of 2 Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no financial impact associated with this action. ATTACHMENTS: 1. AB 262 2. SB 664 3. Draft Letter of Support for SB 664 86 california legislature—2025–26 regular session ASSEMBLY BILL No. 262 Introduced by Assembly Member Caloza January 16, 2025 An act to add Article 4.5 (commencing with Section 8688) to Chapter 7.5 of Division 1 of Title 2 of the Government Code, relating to disaster assistance, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. legislative counsel’s digest AB 262, as introduced, Caloza. California Individual Assistance Act. Existing law, the California Disaster Assistance Act, requires the Director of Emergency Services to provide financial assistance to local agencies for their personnel costs, equipment costs, and the cost of supplies and materials used during disaster response activities, incurred as a result of a state of emergency proclaimed by the Governor, subject to specified criteria. The act continuously appropriates moneys in the Disaster Assistance Fund and its subsidiary account, the Earthquake Emergency Investigations Account, without regard to fiscal year, for purposes of the act. This bill would enact the California Individual Assistance Act to establish a grant program to provide financial assistance to local agencies, community-based organizations, and individuals for specified costs related to a disaster, as prescribed. The bill would require the director to allocate from the fund, subject to specified conditions, funds to meet the cost of expenses for those purposes. By authorizing increased expenditure of moneys from a continuously appropriated fund for a new purpose, the bill would make an appropriation. 99 87 This bill would require the director to adopt regulations, as determined to be necessary, to govern the administration of the program. This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: line 1 SECTION 1. The Legislature finds and declares the purpose line 2 of this act is to establish in California a program within the Office line 3 of Emergency Services to quickly provide assistance to California line 4 residents following the declaration of a local or state emergency line 5 that may not warrant federal disaster assistance for individuals. line 6 SEC. 2. Article 4.5 (commencing with Section 8688) is added line 7 to Chapter 7.5 of Division 1 of Title 2 of the Government Code, line 8 to read: line 9 line 10 Article 4.5. California Individual Assistance Act line 11 line 12 8688. This article shall be known and may be cited as the line 13 California Individual Assistance Act. line 14 8688.1. It is the intent of the Legislature to provide local line 15 agencies, community-based organizations, and individuals with line 16 the assistance they need to quickly recover following a disaster. line 17 8688.2. Unless the provision or context otherwise requires, the line 18 definitions in this section govern the construction of this article: line 19 (a) “Community-based organization” means a public or private line 20 nonprofit organization of demonstrated effectiveness that represents line 21 a community or significant segments of a community and provides line 22 support and services to individuals in the community. line 23 (b) “Disaster” means a fire, flood, storm, tidal wave or tsunami, line 24 earthquake, act of terrorism, epidemic, extreme heat or cold event, line 25 or other similar calamity that the Governor determines presents a line 26 threat to public safety. line 27 (c) “Housing assistance” means assistance available to line 28 homeowners and renters to repair disaster-related damages not line 29 covered by insurance or by other governmental financial assistance line 30 programs, including, but not limited to, costs that are reasonable 99 — 2 — AB 262 88 line 1 and necessary to make the essential living areas of a primary line 2 residence safe, sanitary, and functional. line 3 (d) “Individual” means a person residing in California. line 4 (e) “Individual and family grants” means housing assistance line 5 and other needs assistance provided pursuant to this article. line 6 (f) “Local emergency” means a condition of extreme peril to line 7 persons or property proclaimed as such by the governing body of line 8 the local agency affected, in accordance with Section 8630. line 9 (g) “Other needs assistance” means assistance to offset expenses line 10 and losses in income not covered by insurance or by other financial line 11 assistance resources, including, but not limited to, any of the line 12 following: line 13 (1) Income losses. line 14 (2) Costs to clean, repair, or replace essential personal property line 15 items. line 16 (3) Medical, dental, and funeral expenses resulting from the line 17 local emergency. line 18 (4) Other potentially eligible expenses authorized by the director. line 19 (h) “Unusual circumstances” means unavoidable delays that line 20 result from recurrence of a disaster, prolonged severe weather line 21 within a one-year period, or other conditions beyond the control line 22 of the applicant. line 23 8688.3. (a) From the Disaster Assistance Fund, and subject to line 24 the conditions specified in this article, the director shall allocate line 25 funds to meet the cost of expenses for the purposes described in line 26 subdivision (b). line 27 (b) Moneys from the Disaster Assistance Fund may be used to line 28 provide financial assistance to local agencies, community-based line 29 organizations, and individuals for the following purposes: line 30 (1) To fund local agency and community-based organization line 31 personnel costs, equipment costs, translation services, and the cost line 32 of supplies and materials used during disaster response activities, line 33 incurred as a result of a state of emergency proclaimed by the line 34 Governor, excluding the normal hourly wage costs of employees line 35 engaged in emergency work activities. line 36 (2) To reimburse local agencies or community-based line 37 organizations that provide individual and family grants. line 38 (3) To provide direct individual and family grants, including line 39 housing assistance and other needs assistance, to individuals. 99 AB 262 — 3 — 89 line 1 (4) To fund indirect administrative costs and any other assistance line 2 deemed necessary by the director. line 3 (5) To fund necessary and required site preparation costs for line 4 evacuation and local assistance centers as deemed necessary by line 5 the director. line 6 8688.4. (a) When certified by the director, claims of line 7 community-based organizations and local agencies shall be line 8 presented to the Controller for payment out of funds made available line 9 for that purpose. line 10 (b) The director shall adopt regulations, as determined to be line 11 necessary, to govern the administration of the program authorized line 12 by this article in accordance with the Administrative Procedure line 13 Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of line 14 Division 3). These regulations shall include specific eligibility line 15 requirements, a procedure for local agencies and community-based line 16 organizations to request the implementation of this article, and a line 17 method for evaluating these requests by the Office of Emergency line 18 Services. line 19 8688.5. An allocation may be made to a local agency, line 20 community-based organization, or an individual, if, within 10 days line 21 after the actual occurrence of a disaster, the local agency has line 22 proclaimed a local emergency and that proclamation is acceptable line 23 to the director, or upon the order of the Governor when a state of line 24 emergency proclamation has been issued. line 25 8688.6. A local agency, community-based organization, or an line 26 individual shall make application to the director for state financial line 27 assistance pursuant to this article within 60 days after the date of line 28 the proclamation of a local emergency. The director may extend line 29 the time for this filing only under unusual circumstances. line 30 8688.7. The director shall develop procedures for a local agency line 31 or community-based organization to receive an advance of funds line 32 to expedite the delivery of individual and family grants following line 33 a disaster. line 34 SEC. 3. This act is an urgency statute necessary for the line 35 immediate preservation of the public peace, health, or safety within line 36 the meaning of Article IV of the California Constitution and shall line 37 go into immediate effect. The facts constituting the necessity are: 99 — 4 — AB 262 90 line 1 In order to mitigate the extent and severe impact of recent line 2 disasters on individuals and families, the Legislature finds and line 3 declares it is necessary for this act to take effect immediately. O 99 AB 262 — 5 — 91 92 SENATE BILL No. 664 Introduced by Senator Ochoa Bogh (Coauthors: Senators Alvarado-Gil, Blakespear, Choi, Dahle, Hurtado, Jones, Niello, Seyarto, Valladares, Wahab, and Weber Pierson) (Coauthors: Assembly Members Jeff Gonzalez, Hoover, Lackey, Sanchez, and Wallis) February 20, 2025 An act to add Section 13009 to the Vehicle Code, relating to public safety. legislative counsel’s digest SB 664, as introduced, Ochoa Bogh. Vehicles: public safety: Blue Envelope Program. Existing law establishes the Department of Motor Vehicles, tasked with issuance and renewal of licenses to drivers. Existing law requires the department to prescribe and provide suitable forms of applications, certificates of ownership, registration cards, driver’s licenses, and all other forms that are deemed necessary. This bill would, by January 1, 2027, require the department, in consultation with relevant stakeholders, to develop a Blue Envelope Program. Under the program, the bill would require the blue envelope to contain specified information for requesters with a condition or disability, as specified. The bill would also authorize others, including a parent or legal guardian of a passenger with a disability, to request a blue envelope. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. 99 93 The people of the State of California do enact as follows: line 1 SECTION 1. Section 13009 is added to the Vehicle Code, to line 2 read: line 3 13009. (a) By January 1, 2027, the Department of Motor line 4 Vehicles, in consultation with relevant stakeholders, shall develop line 5 a Blue Envelope Program to promote inclusivity and enhanced line 6 communication between law enforcement and community members line 7 with a condition or disability where additional accommodations line 8 or awareness may be helpful. The blue envelope developed in the line 9 program shall contain the following: line 10 (1) Printed information for the envelope’s holder regarding line 11 traffic stop safety tips. line 12 (2) Printed recommendations to the responding law enforcement line 13 officer with interaction techniques to help promote enhanced line 14 communication and accommodation between law enforcement line 15 and community members. line 16 (3) Blank area where the individual, or their emergency contact, line 17 may add additional noteworthy comments pertaining to the line 18 individual’s needs or requested accommodations. line 19 (4) Blank area where the individual may write down the contact line 20 information of their emergency contact person. line 21 (b) Upon request by a person who is protected by the Americans line 22 with Disabilities Act of 1990 (Public Law 101-336), a person who line 23 has a condition and may need additional accommodations with line 24 law enforcement, or a parent or other family member, legal line 25 guardian, conservator, or driver of a passenger with a disability, line 26 the department shall provide the requester a blue envelope. The line 27 blue envelope shall be designed to hold a copy of the person’s line 28 operator license, vehicle registration, and insurance card. line 29 (c) This section does not prevent a law enforcement agency line 30 from developing its own blue envelope or other products, including, line 31 but not limited to, lanyards, seatbelt covers, decals, stickers, line 32 wristbands, and keychains, so long as it follows the minimum line 33 requirements set forth in this section. line 34 (d) Although law enforcement has a duty to extend reasonable line 35 accommodations or modifications in accordance with state and line 36 federal disability rights laws, this section does not require a peace line 37 officer to compromise their safety or the safety of others when 99 — 2 — SB 664 94 line 1 encountering a person who has presented a blue envelope or line 2 associated products as described in subdivision (c). O 99 SB 664 — 3 — 95 96 C I T Y O F P A L M D E S E R T 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760-346-0611 INFO@PALMDESERT.GOV March 25, 2025 DRAFT The Honorable Rosilicie Ochoa Bogh California State Senate 1021 O Street, Room 7220 Sacramento, CA 95814 Re: SB 664 (Ochoa Bogh) – Blue Envelope Program – SUPPORT Dear Senator Ochoa Bogh, On behalf of the City of Palm Desert, I am pleased to express support for Senate Bill 664, which establishes the Blue Envelope Program to improve communication and safety between law enforcement and individuals with disabilities or conditions requiring additional accommodation during traffic stops. Palm Desert recognizes the value of programs that enhance understanding and communication for individuals with disabilities. Notably, Palm Desert was the first municipality in California whose employees completed training to become a Certified Autism Center through the International Board of Credentialing and Continuing Education Standards (IBCCES). Our experience with autism certification has shown the importance of proactive tools and training that promote positive interactions and support the safety of both community members and public safety personnel. SB 664 offers a voluntary and practical approach to improving traffic stop interactions by providing individuals and law enforcement with clear communication tools, including a standardized blue envelope containing essential information. This bill complements existing efforts to enhance understanding and promote public safety in cities like Palm Desert. For these reasons, the City of Palm Desert respectfully supports SB 664. Sincerely, Jan C. Harnik Mayor, City of Palm Desert 97 98 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 10, 2025 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: LETTER OF SUPPORT FOR SENATE BILL 346 (DURAZO) – TRANSIENT OCCUPANCY TAXES AND SHORT-TERM RENTAL FACILITATORS RECOMMENDATION: Authorize the issuance of a letter of support for Senate Bill 346 (Durazo) relating to transient occupancy taxes and short-term rental facilitators. BACKGROUND/ANALYSIS: The League of California Cities is encouraging cities to submit letters of support for SB 346, which would strengthen cities’ ability to enforce local ordinances relating to the collection and remittance of transient occupancy taxes (TOT) associated with short-term rentals. SB 346 proposes to require short-term rental facilitators to provide local governments with assessor parcel numbers for each listed property and grant cities full audit authority related to TOT remittances. The bill aims to address challenges loca l agencies face in enforcing TOT ordinances, ensuring tax compliance, and addressing unpermitted short -term rental activity. The City’s ad hoc City Council Subcommittee on Legislative Affairs, consisting of Mayor Harnik and Mayor Pro Tem Trubee, has reviewed SB 346 and supports submitting a letter of support. A draft letter, consistent with the League’s recommended format, is attached for the City Council's consideration. There is no immediate urgency for submittal, allowing for City Council action prior to issuing the letter. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no financial impact associated with this action. ATTACHMENTS: 1. Senate Bill 346 2. League of California Cities Support Letter 3. Draft Letter of Support 99 100 AMENDED IN SENATE MARCH 20, 2025 SENATE BILL No. 346 Introduced by Senator Durazo (Coauthor: Senator Allen) February 12, 2025 An act to add Chapter 6.4 (commencing with Section 51043) to Part 1 of Division 1 of Title 5 of the Government Code, relating to local government. legislative counsel’s digest SB 346, as amended, Durazo. Local agencies: transient occupancy taxes: short-term rental facilitator. Existing law authorizes a local authority, by ordinance or resolution, to regulate the occupancy of a room or rooms, or other living space, in a hotel, inn, tourist home or house, motel, or other lodging for a period of less than 30 days. This bill would authorize a local agency, defined to mean a city, county, or city and county, to enact an ordinance to require a short-term rental facilitator, as defined, to report, in the form and manner prescribed by the local agency, the assessor parcel number of each short-term rental, as defined, during the reporting period, as well as any additional information necessary to identify the property as may be required by the local agency. The bill would authorize the local agency to impose an administrative fine or penalty for failure to file the report, and would authorize the local agency to initiate an audit of a short-term rental facilitator, as described. The bill would require a short-term rental facilitator, in a jurisdiction that has adopted an ordinance, to include in the listing of a short-term rental any applicable local license number associated with the short-term rental and any transient occupancy tax 98 101 certification issued by a local agency. The bill would state these provisions do not preempt a local agency from adopting an ordinance that regulates short-term rentals, short-term rental facilitators, or the payment and collection of transient occupancy taxes in a manner that differs from those described in the bill. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. The people of the State of California do enact as follows: line 1 SECTION 1. (a) Short-term rental facilitators are essentially line 2 online marketplaces that allow “guests” seeking accommodations line 3 and “hosts” offering accommodations to connect and enter rental line 4 agreements with one another. line 5 (b) Many cities and counties impose a transient occupancy tax line 6 on guests who occupy those accommodations. The transient line 7 occupancy tax is payable with the host’s charge for the line 8 accommodation. line 9 (c) It is the intent of the Legislature to authorize cities and line 10 counties to adopt an ordinance that requires a short-term rental line 11 facilitator to transmit information that allows cities and counties line 12 to effectively enforce the payment of transient occupancy taxes line 13 by guests in these accommodations. line 14 (d) As determined by the Ninth Circuit Court of Appeals in line 15 HomeAway.com, Inc. v. City of Santa Monica (9th Cir. 2019) 918 line 16 F.3d 676, requiring the transmittal of this information violates line 17 neither the federal Communications Decency Act nor the First line 18 Amendment. line 19 SEC. 2. Chapter 6.4 (commencing with Section 51043) is added line 20 to Part 1 of Division 1 of Title 5 of the Government Code, to read: line 21 line 22 Chapter 6.4. The Short-Term Rental Facilitator Act line 23 of 2025 line 24 line 25 51043. (a) This chapter shall be known, and may be cited, as line 26 the “Short-Term Rental Facilitator Act of 2025.” line 27 (b) This chapter shall only apply to a local agency that adopts line 28 an ordinance that makes the provisions of this chapter applicable line 29 within its jurisdictional boundaries. 98 — 2 — SB 346 102 line 1 51044. All of the following definitions shall apply for purposes line 2 of this chapter: line 3 (a) “Hotel” means a commercially operated hotel, motel, bed line 4 and breakfast inn, or similar transient lodging establishment, when line 5 all or part of the transient occupancy is or would be subject to tax line 6 under Section 7280 of the Revenue and Taxation Code. For line 7 purposes of this chapter, a “hotel” shall not include a short-term line 8 rental facilitator as defined in subdivision (g). line 9 (b) “Local agency” means a city, county, or city and county. line 10 (c) “Marketplace” means a physical or electronic place, line 11 including, but not limited to, a store, booth, internet website, line 12 catalog, television or radio broadcast, or a dedicated sales software line 13 application, where a marketplace seller facilitates the occupancy line 14 of a short-term rental for delivery in this state regardless of whether line 15 the short-term rental, marketplace seller, or marketplace has a line 16 physical presence in this state. line 17 (d) “Ordinance” refers to an ordinance of a local agency line 18 imposing a transient occupancy tax. line 19 (e) “Purchaser” means a person who is required to pay the line 20 transient occupancy tax and who uses a short-term rental facilitator line 21 to facilitate the occupation of a short-term rental within the line 22 jurisdiction of the local agency imposing the transient occupancy line 23 tax. line 24 (f) “Short-term rental” means the occupancy of a home, house, line 25 a room in a home or house, or other lodging that is not a hotel in line 26 this state for a period of 30 consecutive days or less and under any line 27 other circumstances specified by the local agency in its ordinance line 28 that is facilitated by a short-term rental facilitator. line 29 (g) “Short-term rental facilitator” means a person or entity that line 30 facilitates for consideration, regardless of whether it is deducted line 31 as fees from the transaction, the occupancy of a short-term rental line 32 that is not owned by the person facilitating the rental, through a line 33 marketplace operated by the person or a related person or entity, line 34 and that does both of the following: line 35 (1) Directly or indirectly, through one or more related persons, line 36 engages in any of the following: line 37 (A) Transmits or otherwise communicates the offer or line 38 acceptance between the purchaser and the operator. line 39 (B) Owns or operates the infrastructure, electronic or physical, line 40 or technology that brings purchasers and operators together. 98 SB 346 — 3 — 103 line 1 (C) Provides a virtual currency that purchasers are allowed or line 2 required to use to facilitate the occupancy of a short-term rental line 3 from the operator. line 4 (D) Software development or research and development line 5 activities related to any of the activities described in paragraph line 6 (2), if such activities are directly related to facilitating short-term line 7 rentals. line 8 (2) Directly or indirectly, through one or more related persons, line 9 engages in any of the following activities with respect to facilitating line 10 short-term rentals: line 11 (A) Payment processing services. line 12 (B) Listing homes, houses, or rooms in homes or houses, or line 13 other lodgings that are not a hotel or motel, and that are not owned line 14 by that person or a related person, for rental on a short-term basis. line 15 (C) Setting prices. line 16 (D) Branding short-term rentals as those of the short-term rental line 17 facilitator. line 18 (E) Taking orders or reservations. line 19 (h) “Transient Occupancy Tax” means a tax imposed by a local line 20 agency on the privilege of occupying a short-term rental as line 21 specified and defined by the local agency in its ordinance. line 22 51045. For purposes of this chapter, a person is related to line 23 another person if both persons are related to each other pursuant line 24 to Section 267(b) of Title 26 of the United States Code, as that line 25 section was amended by Public Law 114-113, and the regulations line 26 thereunder. line 27 51046. (a) Upon request by the local agency, each short-term line 28 rental facilitator shall report, in the form and manner prescribed line 29 by the local agency, the assessor parcel number of each short-term line 30 rental during the reporting period, as well as any additional line 31 information necessary to identify the property required by the local line 32 agency, including, but not limited to, the physical address of the line 33 host property marketplace identification number, website address, line 34 listing identification number, and property type. to: line 35 (1) The physical address of the host property. line 36 (2) The following information associated with the physical line 37 address of the host property: line 38 (A) Marketplace identification number. line 39 (B) Website address. line 40 (C) Listing identification number. 98 — 4 — SB 346 104 line 1 (D) Property type. line 2 (b) A local agency may make the failure of a short-term rental line 3 facilitator to report the information required by this section subject line 4 to an administrative fine or penalty pursuant to Section 53069.4. line 5 (c) (1) A local agency may conduct an audit or otherwise line 6 examine the records of the short-term rental facilitator documenting line 7 the receipt of the local charge transient occupancy tax due and line 8 payable to the local agency. line 9 (2) Any costs association associated with an audit or line 10 examination shall be paid for by the local agency. line 11 51047. A short-term rental facilitator shall include in the listing line 12 of a short-term rental any applicable local license number line 13 associated with the short-term rental and any transient occupancy line 14 tax certification issued by a local agency. line 15 51048. Nothing in this chapter shall be construed to preempt line 16 a local agency from adopting an ordinance that regulates short-term line 17 rentals, short-term rental facilitators, or the payment and collection line 18 of transient occupancy taxes in a manner different from the line 19 procedures prescribed in this chapter. O 98 SB 346 — 5 — 105 106 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org February 26, 2025 The Honorable Maria Elena Durazo Chair, Senate Local Government Committee 1021 O St., Room 7530 Sacramento, CA 95814 RE: SB 346 (Durazo) Local agencies: transient occupancy taxes: short-term rental facilitator. CO-SPONSOR AND SUPPORT (As Introduced on February 12, 2025) Dear Senator Durazo, The League of California Cities (Cal Cities) is pleased to co-sponsor and support SB 346, which would better equip cities to enforce local ordinances related to the collection and remittance of transient occupancy taxes (TOT) for short-term rentals. Short-term rentals are regulated exclusively at the local level via the adoption of an ordinance that often includes regulations on permitting, tax compliance, noise, parking, occupancy, as well as other responsibilities for hosts and short-term rental facilitators. In some instances, ordinances limit the number of short-term rentals allowed to operate lawfully, other ordinances ban short-term rentals entirely. Short-term rentals can present numerous challenges to neighborhoods and adjacent property owners. They may create additional noise, traffic, parking, and public safety issues, decrease available housing stock, and in some cases turn residential neighborhoods into de-facto hotel rows, collectively creating additional demands on local public service providers. Unfortunately, the enforcement of TOT ordinances and the collection and remittance of these taxes from short-term rentals can be inconsistent, even when voluntary collection agreements are in place with a short-term rental facilitator. Cities lack access to property addresses or other property-related information, even under these agreements, resulting in a difficult choice to either accept tax payments without any way to verify their accuracy and legality or attempt to collect taxes directly from property owners—a costly and time-consuming process. Meanwhile, short-term rental facilitators have full knowledge of these properties’ locations and resist disclosing this information. Cities can only compel short-term rental facilitators to disclose this critical information through certain legal action, such as subpoenas. This is not how oversight of public dollars should work. SB 346 would address the above issues by providing cities with the assessor parcel number of each short-term rental listed on the facilitator’s website and full audit authority of TOT dollars. These changes would ensure the correct amount of TOT is being 107 collected and remitted and would allow for more efficient enforcement against unlicensed units. If you have any questions, do not hesitate to contact me at btriffo@calcities.org. Sincerely, Ben Triffo Legislative Advocate 108 DRAFT The Honorable Thomas Umberg Chair, Senate Judiciary Committee 1021 O Street, Room 3240 Sacramento, CA 95814 RE: SB 346 (Durazo) Local Agencies: Transient Occupancy Taxes: Short-Term Rental Facilitators – SUPPORT Dear Senator Umberg, The City of Palm Desert supports SB 346, which would better equip cities to enforce local ordinances related to short-term rentals, including the collection and remittance of transient occupancy taxes (TOT). Short-term rentals are regulated exclusively at the local level via the adoption of ordinances that often include regulations on permitting, tax compliance, noise, parking, occupancy, as well as other responsibilities for hosts and short-term rental facilitators. In some instances, ordinances limit the number of short-term rentals allowed to operate lawfully, while others ban short-term rentals entirely. Unfortunately, the enforcement of TOT ordinances and the collection and remittance of these taxes from short-term rentals can be inconsistent, even when voluntary collection agreements are in place with a short-term rental facilitator. Cities often lack access to property addresses or other property-related information, even under these agreements, resulting in a difficult choice to either accept tax payments without any way to verify their accuracy and legality or attempt to collect taxes directly from property owners—a costly and time-consuming process. Meanwhile, short- term rental facilitators have full knowledge of these properties’ locations and resist disclosing this information. This is not how oversight of public dollars should work. SB 346 would address these issues by providing cities with the assessor parcel number of each short-term rental listed on the facilitator’s website and full audit authority of TOT dollars. These changes would ensure the correct amount of TOT is being collected and remitted and would allow for more efficient enforcement against unlicensed units. For these reasons, the City of Palm Desert supports SB 346. Sincerely, 109 110 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 10, 2025 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: LETTER OF OPPOSITION TO SENATE BILL 79 (W IENER) – TRANSIT- ORIENTED DEVELOPMENT RECOMMENDATION: Authorize the issuance of a letter of opposition to Senate Bill 79 (Wiener) relating to transit - oriented development. BACKGROUND/ANALYSIS: The League of California Cities is encouraging cities to submit letters opposing SB 79, which would grant significant land use authority to transit agencies without requiring the production of housing, affordable or otherwise. SB 79 would mandate that cities ministerially approve residential and commercial projects up to seven stories in height and 120 units per acre within a half-mile of transit stops, regardless of local zoning, infrastructure capacity, or community input. The bill would also grant transit agencies unlimited development authority on land they own or have easements on, extending beyond designated transit corridors. Palm Desert has a certified Housing Element and is actively working to facilitate housing production consistent with community needs, desert-sensitive design, and infrastructure capacity. SB 79 would undermine these efforts by imposing one-size-fits-all development mandates that conflict with the City's General Plan, community vision, and local infrastructure limitations. The ad hoc City Council Subcommittee on Legislative Affairs, comprised of Mayor Harnik and Mayor Pro Tem Trubee, has reviewed SB 79 and supports submitting a letter of opposition. A draft letter, consistent with the League of California Cities’ recommended form at and tailored to address Palm Desert’s unique circumstances, is attached for the City Council’s consideration. As there is no immediate deadline for submittal, staff has scheduled this item for City Council action prior to issuing the letter. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no financial impact associated with this action. ATTACHMENTS: 1. Senate Bill 79 2. League of California Cities – Opposition Letter 3. Draft Letter of Opposition 111 112 AMENDED IN SENATE MARCH 5, 2025 SENATE BILL No. 79 Introduced by Senator Wiener January 15, 2025 An act to amend Section 54221 of, and to add Chapter 4.1.5 (commencing with Section 65912.155) to Division 1 of Title 7 of, the Government Code, and to add Section 21080.26.5 to the Public Resources Code, relating to land use. legislative counsel’s digest SB 79, as amended, Wiener. Planning and zoning: housing development: transit-oriented development. (1) Existing law prescribes requirements for the disposal of surplus land by a local agency. Existing law defines “surplus land” for these purposes to mean land owned in fee simple by any local agency for which the local agency’s governing body takes formal action declaring that the land is surplus and is not necessary for the agency’s use. Existing law defines “agency’s use” for these purposes to include land that is being used for agency work or operations, as provided. Existing law exempts from this definition of “agency’s use” certain commercial or industrial uses, except that in the case of a local agency that is a district, except a local agency whose primary purpose or mission is to supply the public with a transportation system, “agency’s use” may include commercial or industrial uses or activities, as specified. This bill would additionally include land leased to support public transit operations in the definition of “agency’s use,” as described above. The bill would also revise the definition of “agency’s use” with respect to commercial or industrial uses to instead provide that a district 98 113 or a public transit operator may use land for commercial or industrial uses or activities, as described above. (2) Existing law, the Planning and Zoning Law, requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that contains certain mandatory elements, including a housing element. Existing law requires that the housing element include, among other things, an assessment of housing needs and an inventory of resources and constraints that are relevant to the meeting of these needs, including an inventory of land suitable for residential development, as provided. Existing law, for the 4th and subsequent revisions of the housing element, requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region, as specified, and requires the appropriate council of local governments, or the department for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each locality in the region. Existing law, the Housing Accountability Act, among other things, requires a local agency that proposes to disapprove a housing development project, as defined, or to impose a condition that the project be developed at a lower density to base its decision on written findings supported by a preponderance of the evidence that specified conditions exist if that project complies with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time that the application was deemed complete. The act authorizes the applicant, a person who would be eligible to apply for residency in the housing development project or emergency shelter, or a housing organization may bring an action to enforce, as provided, and provides for penalties if the court finds that the local agency is in violation of specified provisions of the act. This bill would require that a residential development proposed within a specified distance of a transit-oriented development (TOD) stop, as defined, be an allowed use on any site zoned for residential, mixed, commercial, or light industrial development, if the development complies with applicable requirements, as specified. The bill would establish requirements concerning height limits, density, and floor area ratio in accordance with a development’s proximity to specified tiers of TOD stops, as provided. The bill would provide that a local government that denies a project meeting the requirements of these provisions located 98 — 2 — SB 79 114 in a high-resource area, as defined, would be presumed in violation of the Housing Accountability Act, as specified, and liable for penalties, as provided. The bill would specify that the a development proposed pursuant to these provisions is eligible for streamlined, ministerial approval pursuant to specified law, except that the bill would exempt a project under these provisions from specified requirements under that law. The bill would require a proposed development to comply with specified requirements under existing law relating to the demolition of existing residential units. The bill would also authorize a transit agency to adopt objective standards for both residential and commercial development proposed pursuant to these provisions if the development would be constructed on land owned by the transit agency or on which the transit agency has a permanent operating easement, provided that the objective standards allow for the same or greater development intensity as allowed by local standards or applicable state law. The bill would require the Department of Housing and Community Development to oversee compliance with the bill’s provisions, including, but not limited to, promulgating specified standards relating to the inventory of land included within a county’s or city’s housing element. The bill would permit a local government to adopt an ordinance to implement these provisions, as provided, and would require the local government to submit a copy of this ordinance to the department within 60 days of adoption and the department to review the ordinance for compliance, as specified. If the department finds an ordinance is out of compliance, and a local government does not take specified steps to address compliance, the bill would require the department to notify the local government in writing and authorize the department to notify the Attorney General, as provided. The bill would define various terms for its purposes and make related findings and declarations. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (3) Existing law, the California Environmental Quality Act (CEQA), requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires 98 SB 79 — 3 — 115 a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA, until January 1, 2030, exempts from its requirements certain transportation-related projects if specified requirements are met, as provided. CEQA includes within these exempt transportation-related projects a public project for the institution or increase of bus rapid transit, bus, or light rail service, or other passenger rail service, that will be exclusively used by low-emission or zero-emission vehicles, on existing public rights-of-way or existing highway rights-of-way. This bill would exempt from CEQA a public or private residential, commercial, or mixed-used project that, at the time the project application is filed, is located entirely or principally on land owned by a public transit agency, or fully or partially encumbered by an existing operating easement in favor of a public transit agency, and meets specified requirements. The bill would provide that, for a project that requires the construction of new passenger rail storage and maintenance facilities at a publicly or privately owned offsite location distinct from the principal project site, that project would be considered a wholly separate project from the project described in these provisions and shall not be exempt from CEQA. (4) By increasing the duties of local officials, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Existing law, the Planning and Zoning Law, requires each city, county, or city and county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. Under existing law, a part of the housing element is an assessment of housing needs, which includes the locality’s share of the regional housing need. Under existing law, the appropriate council of local governments, or for cities without a council of governments, the Department of Housing and Community Development, adopts a final regional housing need plan that allocates a share of the regional housing 98 — 4 — SB 79 116 need to each locality in the region. Existing law requires the Board of Directors of the San Francisco Bay Area Rapid Transit District to adopt by ordinance transit-oriented development (TOD) zoning standards for each station that establish minimum zoning requirements for height, density, parking, and floor area ratio that apply to an eligible TOD project, as provided, and authorizes developers of certain eligible TOD projects to submit an application for a development that is subject to a specified streamlined, ministerial approval process, as provided. This bill would declare the intent of the Legislature to enact legislation that would make housing more affordable for California families, reduce greenhouse gas emissions, and enhance public transit systems by, among other things, requiring the upzoning of land near rail stations and rapid bus lines to encourage transit-oriented development. The bill would make related findings and declarations. Vote: majority. Appropriation: no. Fiscal committee: no yes. State-mandated local program: no yes. The people of the State of California do enact as follows: line 1 SECTION 1. Section 54221 of the Government Code is line 2 amended to read: line 3 54221. As used in this article, the following definitions shall line 4 apply: line 5 (a) (1) “Local agency” means every city, whether organized line 6 under general law or by charter, county, city and county, district, line 7 including school, sewer, water, utility, and local and regional park line 8 districts of any kind or class, joint powers authority, successor line 9 agency to a former redevelopment agency, housing authority, or line 10 other political subdivision of this state and any instrumentality line 11 thereof that is empowered to acquire and hold real property. line 12 (2) The Legislature finds and declares that the term “district” line 13 as used in this article includes all districts within the state, line 14 including, but not limited to, all special districts, sewer, water, line 15 utility, and local and regional park districts, and any other political line 16 subdivision of this state that is a district, and therefore the changes line 17 in paragraph (1) made by the act adding this paragraph that specify line 18 that the provisions of this article apply to all districts, including line 19 school, sewer, water, utility, and local and regional park districts line 20 of any kind or class, are declaratory of, and not a change in, line 21 existing law. 98 SB 79 — 5 — 117 line 1 (b) (1) “Surplus land” means land owned in fee simple by any line 2 local agency for which the local agency’s governing body takes line 3 formal action in a regular public meeting declaring that the land line 4 is surplus and is not necessary for the agency’s use. Land shall be line 5 declared either “surplus land” or “exempt surplus land,” as line 6 supported by written findings, before a local agency may take any line 7 action to dispose of it consistent with an agency’s policies or line 8 procedures. A local agency, on an annual basis, may declare line 9 multiple parcels as “surplus land” or “exempt surplus land.” line 10 (2) “Surplus land” includes land held in the Community line 11 Redevelopment Property Trust Fund pursuant to Section 34191.4 line 12 of the Health and Safety Code and land that has been designated line 13 in the long-range property management plan approved by the line 14 Department of Finance pursuant to Section 34191.5 of the Health line 15 and Safety Code, either for sale or for future development, but line 16 does not include any specific disposal of land to an identified entity line 17 described in the plan. line 18 (3) Nothing in this article prevents a local agency from obtaining line 19 fair market value for the disposition of surplus land consistent with line 20 Section 54226. line 21 (4) Notwithstanding paragraph (1), a local agency is not required line 22 to make a declaration at a public meeting for land that is “exempt line 23 surplus land” pursuant to subparagraph (A), (B), (E), (K), (L), or line 24 (Q) of paragraph (1) of subdivision (f) if the local agency identifies line 25 the land in a notice that is published and available for public line 26 comment, including notice to the entities identified in subdivision line 27 (a) of Section 54222, at least 30 days before the exemption takes line 28 effect. line 29 (c) (1) Except as provided in paragraph (2), “agency’s use” line 30 shall include, but not be limited to, land that is being used, or is line 31 planned to be used pursuant to a written plan adopted by the local line 32 agency’s governing board, for agency work or operations, line 33 including, but not limited to, utility sites, property owned by a port line 34 that is used to support logistics uses, watershed property, land line 35 being used for conservation purposes, land for demonstration, line 36 exhibition, or educational purposes related to greenhouse gas line 37 emissions, sites for broadband equipment or wireless facilities, line 38 land leased to support public transit operations, and buffer sites line 39 near sensitive governmental uses, including, but not limited to, line 40 waste disposal sites, and wastewater treatment plants. “Agency’s 98 — 6 — SB 79 118 line 1 use” by a local agency that is a district shall also include land line 2 disposed for uses described in subparagraph (B) of paragraph (2). line 3 (2) (A) “Agency’s use” shall not include commercial or line 4 industrial uses or activities, including nongovernmental retail, line 5 entertainment, or office development. Property disposed of for the line 6 sole purpose of investment or generation of revenue shall not be line 7 considered necessary for the agency’s use. line 8 (B) In the case of a local agency that is a district, excepting line 9 those whose primary mission or purpose is to supply the public line 10 with a transportation system, district or a public transit operator, line 11 “agency’s use” may include commercial or industrial uses or line 12 activities, including nongovernmental retail, entertainment, or line 13 office development or be for the sole purpose of investment or line 14 generation of revenue if the agency’s governing body takes action line 15 in a public meeting declaring that the use of the site will do one line 16 of the following: line 17 (i) Directly further the express purpose of agency work or line 18 operations. line 19 (ii) Be expressly authorized by a statute governing the local line 20 agency, provided the district complies with Section 54233.5 if line 21 applicable. line 22 (d) (1) “Dispose” means either of the following: line 23 (A) The sale of the surplus land. line 24 (B) The entering of a lease for surplus land, which is for a term line 25 longer than 15 years, inclusive of any extension or renewal options line 26 included in the terms of the initial lease, entered into on or after line 27 January 1, 2024. line 28 (2) “Dispose” shall not mean either of the following: line 29 (A) The entering of a lease for surplus land, which is for a term line 30 of 15 years or less, inclusive of any extension or renewal options line 31 included in the terms of the initial lease. line 32 (B) The entering of a lease for surplus land on which no line 33 development or demolition will occur, regardless of the term of line 34 the lease. line 35 (e) “Open-space purposes” means the use of land for public line 36 recreation, enjoyment of scenic beauty, or conservation or use of line 37 natural resources. line 38 (f) (1) Except as provided in paragraph (2), “exempt surplus line 39 land” means any of the following: 98 SB 79 — 7 — 119 line 1 (A) Surplus land that is transferred pursuant to Section 25539.4 line 2 or 37364. line 3 (B) Surplus land that is less than one-half acre in area and is line 4 not contiguous to land owned by a state or local agency that is line 5 used for open-space or low- and moderate-income housing line 6 purposes. line 7 (C) Surplus land that a local agency is exchanging for another line 8 property necessary for the agency’s use. “Property” may include line 9 easements necessary for the agency’s use. line 10 (D) Surplus land that a local agency is transferring to another line 11 local, state, or federal agency, or to a third-party intermediary for line 12 future dedication for the receiving agency’s use, or to a federally line 13 recognized California Indian tribe. If the surplus land is transferred line 14 to a third-party intermediary, the receiving agency’s use must be line 15 contained in a legally binding agreement at the time of transfer to line 16 the third-party intermediary. line 17 (E) Surplus land that is a former street, right-of-way, or line 18 easement, and is conveyed to an owner of an adjacent property. line 19 (F) (i) Surplus land that is to be developed for a housing line 20 development, which may have ancillary commercial ground floor line 21 uses, that restricts 100 percent of the residential units to persons line 22 and families of low or moderate income, with at least 75 percent line 23 of the residential units restricted to lower income households, as line 24 defined in Section 50079.5 of the Health and Safety Code, with line 25 an affordable sales price or an affordable rent, as defined in Section line 26 50052.5 or 50053 of the Health and Safety Code, for 55 years for line 27 rental housing, 45 years for ownership housing, and 50 years for line 28 rental or ownership housing located on tribal trust lands, unless a line 29 local ordinance or a federal, state, or local grant, tax credit, or other line 30 project financing requires a longer period of affordability, and in line 31 no event shall the maximum affordable sales price or rent level be line 32 higher than 20 percent below the median market rents or sales line 33 prices for the neighborhood in which the site is located. line 34 (ii) The requirements of clause (i) shall be contained in a line 35 covenant or restriction recorded against the surplus land at the time line 36 of sale that shall run with the land and be enforceable against any line 37 owner who violates the covenant or restriction and each successor line 38 in interest who continues the violation. line 39 (G) (i) Surplus land that is subject to a local agency’s open, line 40 competitive solicitation or that is put to open, competitive bid by 98 — 8 — SB 79 120 line 1 a local agency, provided that all entities identified in subdivision line 2 (a) of Section 54222 will be invited to participate in the process, line 3 for a housing or a mixed-use development that is more than one line 4 acre and less than 10 acres in area, consisting of either a single line 5 parcel, or two or more adjacent or non-adjacent parcels combined, line 6 that includes not less than 300 residential units, and that restricts line 7 at least 25 percent of the residential units to lower income line 8 households, as defined in Section 50079.5 of the Health and Safety line 9 Code, with an affordable sales price or an affordable rent, as line 10 defined in Sections 50052.5 and 50053 of the Health and Safety line 11 Code, for 55 years for rental housing, 45 years for ownership line 12 housing, and 50 years for rental or ownership housing located on line 13 tribal trust lands, unless a local ordinance or a federal, state, or line 14 local grant, tax credit, or other project financing requires a longer line 15 period of affordability. line 16 (ii) The requirements of clause (i) shall be contained in a line 17 covenant or restriction recorded against the surplus land at the time line 18 of sale that shall run with the land and be enforceable against any line 19 owner who violates the covenant or restriction and each successor line 20 in interest who continues the violation. line 21 (H) (i) Surplus land totaling 10 or more acres, consisting of line 22 either a single parcel, or two or more adjacent or non-adjacent line 23 parcels combined for disposition to one or more buyers pursuant line 24 to a plan or ordinance adopted by the legislative body of the local line 25 agency, or a state statute. That surplus land shall be subject to a line 26 local agency’s open, competitive solicitation process or put out to line 27 open, competitive bid by a local agency, provided that all entities line 28 identified in subdivision (a) of Section 54222 will be invited to line 29 participate in the process for a housing or mixed-use development. line 30 (ii) The aggregate development shall include the greater of the line 31 following: line 32 (I) Not less than 300 residential units. line 33 (II) A number of residential units equal to 10 times the number line 34 of acres of the surplus land or 10,000 residential units, whichever line 35 is less. line 36 (iii) At least 25 percent of the residential units shall be restricted line 37 to lower income households, as defined in Section 50079.5 of the line 38 Health and Safety Code, with an affordable sales price or an line 39 affordable rent pursuant to Sections 50052.5 and 50053 of the line 40 Health and Safety Code, for a minimum of 55 years for rental 98 SB 79 — 9 — 121 line 1 housing, 45 years for ownership housing, and 50 years for rental line 2 or ownership housing located on tribal trust lands, unless a local line 3 ordinance or a federal, state, or local grant, tax credit, or other line 4 project financing requires a longer period of affordability. line 5 (iv) If nonresidential development is included in the line 6 development pursuant to this subparagraph, at least 25 percent of line 7 the total planned units affordable to lower income households shall line 8 be made available for lease or sale and permitted for use and line 9 occupancy before or at the same time with every 25 percent of line 10 nonresidential development made available for lease or sale and line 11 permitted for use and occupancy. line 12 (v) A violation of this subparagraph is subject to the penalties line 13 described in Section 54230.5. Those penalties are in addition to line 14 any remedy a court may order for violation of this subparagraph. line 15 A local agency shall only dispose of land pursuant to this line 16 subparagraph through a disposition and development agreement line 17 that includes an indemnification clause that provides that if an line 18 action occurs after disposition violates this subparagraph, the line 19 person or entity that acquired the property shall be liable for the line 20 penalties. line 21 (vi) The requirements of clauses (i) to (v), inclusive, shall be line 22 contained in a covenant or restriction recorded against the surplus line 23 land at the time of sale that shall run with the land and be line 24 enforceable against any owner who violates the covenant or line 25 restriction and each successor in interest who continues the line 26 violation. line 27 (I) A mixed-use development, which may include more than line 28 one publicly owned parcel, that meets all of the following line 29 conditions: line 30 (i) The development restricts at least 25 percent of the residential line 31 units to lower income households, as defined in Section 50079.5 line 32 of the Health and Safety Code, with an affordable sales price or line 33 an affordable rent, as defined in Sections 50052.5 and 50053 of line 34 the Health and Safety Code, for 55 years for rental housing, 45 line 35 years for ownership housing, and 50 years for rental or ownership line 36 housing located on tribal trust lands, unless a local ordinance or a line 37 federal, state, or local grant, tax credit, or other project financing line 38 requires a longer period of affordability. 98 — 10 — SB 79 122 line 1 (ii) At least 50 percent of the square footage of the new line 2 construction associated with the development is designated for line 3 residential use. line 4 (iii) The development is not located in an urbanized area, as line 5 defined in Section 21094.5 of the Public Resources Code. line 6 (J) (i) Surplus land that is subject to a valid legal restriction line 7 that is not imposed by the local agency and that makes housing line 8 prohibited, unless there is a feasible method to satisfactorily line 9 mitigate or avoid the prohibition on the site. A declaration of line 10 exemption pursuant to this subparagraph shall be supported by line 11 documentary evidence establishing the valid legal restriction. For line 12 the purposes of this section, “documentary evidence” includes, line 13 but is not limited to, a contract, agreement, deed restriction, statute, line 14 regulation, or other writing that documents the valid legal line 15 restriction. line 16 (ii) Valid legal restrictions include, but are not limited to, all of line 17 the following: line 18 (I) Existing constraints under ownership rights or contractual line 19 rights or obligations that prevent the use of the property for line 20 housing, if the rights or obligations were agreed to prior to line 21 September 30, 2019. line 22 (II) Conservation or other easements or encumbrances that line 23 prevent housing development. line 24 (III) Existing leases, or other contractual obligations or line 25 restrictions, if the terms were agreed to prior to September 30, line 26 2019. line 27 (IV) Restrictions imposed by the source of funding that a local line 28 agency used to purchase a property, provided that both of the line 29 following requirements are met: line 30 (ia) The restrictions limit the use of those funds to purposes line 31 other than housing. line 32 (ib) The proposed disposal of surplus land meets a use consistent line 33 with that purpose. line 34 (iii) Valid legal restrictions that would make housing prohibited line 35 do not include either of the following: line 36 (I) An existing nonresidential land use designation on the surplus line 37 land. line 38 (II) Covenants, restrictions, or other conditions on the property line 39 rendered void and unenforceable by any other law, including, but line 40 not limited to, Section 714.6 of the Civil Code. 98 SB 79 — 11 — 123 line 1 (iv) Feasible methods to mitigate or avoid a valid legal line 2 restriction on the site do not include a requirement that the local line 3 agency acquire additional property rights or property interests line 4 belonging to third parties. line 5 (K) Surplus land that was granted by the state in trust to a local line 6 agency or that was acquired by the local agency for trust purposes line 7 by purchase or exchange, and for which disposal of the land is line 8 authorized or required subject to conditions established by statute. line 9 (L) Land that is subject to either of the following, unless line 10 compliance with this article is expressly required: line 11 (i) Section 17388, 17515, 17536, 81192, 81397, 81399, 81420, line 12 or 81422 of the Education Code. line 13 (ii) Part 14 (commencing with Section 53570) of Division 31 line 14 of the Health and Safety Code. line 15 (M) Surplus land that is a former military base that was line 16 conveyed by the federal government to a local agency, and is line 17 subject to Article 8 (commencing with Section 33492.125) of line 18 Chapter 4.5 of Part 1 of Division 24 of the Health and Safety Code, line 19 provided that all of the following conditions are met: line 20 (i) The former military base has an aggregate area greater than line 21 five acres, is expected to include a mix of residential and line 22 nonresidential uses, and is expected to include no fewer than 1,400 line 23 residential units upon completion of development or redevelopment line 24 of the former military base. line 25 (ii) The affordability requirements for residential units shall be line 26 governed by a settlement agreement entered into prior to September line 27 1, 2020. Furthermore, at least 25 percent of the initial 1,400 line 28 residential units developed shall be restricted to lower income line 29 households, as defined in Section 50079.5 of the Health and Safety line 30 Code, with an affordable sales price or an affordable rent, as line 31 defined in Sections 50052.5 and 50053 of the Health and Safety line 32 Code, for 55 years for rental housing, 45 years for ownership line 33 housing, and 50 years for rental or ownership housing located on line 34 tribal trust lands, unless a local ordinance or a federal, state, or line 35 local grant, tax credit, or other project financing requires a longer line 36 period of affordability. line 37 (iii) Before disposition of the surplus land, the agency adopts line 38 written findings that the land is exempt surplus land pursuant to line 39 this subparagraph. 98 — 12 — SB 79 124 line 1 (iv) Before disposition of the surplus land, the recipient has line 2 negotiated a project labor agreement consistent with the local line 3 agency’s project stabilization agreement resolution, as adopted on line 4 February 2, 2021, and any succeeding ordinance, resolution, or line 5 policy, regardless of the length of the agreement between the local line 6 agency and the recipient. line 7 (v) The agency includes in the annual report required by line 8 paragraph (2) of subdivision (a) of Section 65400 the status of line 9 development of residential units on the former military base, line 10 including the total number of residential units that have been line 11 permitted and what percentage of those residential units are line 12 restricted for persons and families of low or moderate income, or line 13 lower income households, as defined in Section 50079.5 of the line 14 Health and Safety Code. line 15 A violation of this subparagraph is subject to the penalties line 16 described in Section 54230.5. Those penalties are in addition to line 17 any remedy a court may order for violation of this subparagraph line 18 or the settlement agreement. line 19 (N) Real property that is used by a district for an agency’s use line 20 expressly authorized in subdivision (c). line 21 (O) Land that has been transferred before June 30, 2019, by the line 22 state to a local agency pursuant to Section 32667 of the Streets line 23 and Highways Code and has a minimum planned residential density line 24 of at least 100 dwelling units per acre, and includes 100 or more line 25 residential units that are restricted to persons and families of low line 26 or moderate income, with an affordable sales price or an affordable line 27 rent, as defined in Sections 50052.5 and 50053 of the Health and line 28 Safety Code, for 55 years for rental housing, 45 years for ownership line 29 housing, and 50 years for rental or ownership housing located on line 30 tribal trust lands, unless a local ordinance or a federal, state, or line 31 local grant, tax credit, or other project financing requires a longer line 32 period of affordability. For purposes of this subparagraph, not line 33 more than 20 percent of the affordable units may be restricted to line 34 persons and families of moderate income and at least 80 percent line 35 of the affordable units must be restricted to lower income line 36 households as defined in Section 50079.5 of the Health and Safety line 37 Code. line 38 (P) (i) Land that meets the following conditions: line 39 (I) Land that is subject to a sectional planning area document line 40 that meets both of the following: 98 SB 79 — 13 — 125 line 1 (ia) The sectional planning area was adopted prior to January line 2 1, 2019. line 3 (ib) The sectional planning area document is consistent with line 4 county and city general plans applicable to the land. line 5 (II) The land identified in the adopted sectional planning area line 6 document was dedicated prior to January 1, 2019. line 7 (III) On January 1, 2019, the parcels on the land met at least line 8 one of the following conditions: line 9 (ia) The land was subject to an irrevocable offer of dedication line 10 of fee interest requiring the land to be used for a specified purpose. line 11 (ib) The land was acquired through a land exchange subject to line 12 a land offer agreement that grants the land’s original owner the line 13 right to repurchase the land acquired by the local agency pursuant line 14 to the agreement if the land will not be developed in a manner line 15 consistent with the agreement. line 16 (ic) The land was subject to a grant deed specifying that the line 17 property shall be used for educational uses and limiting other types line 18 of uses allowed on the property. line 19 (IV) At least 25 percent of the units are dedicated to lower line 20 income households, as defined in Section 50079.5 of the Health line 21 and Safety Code, at an affordable rent, as defined by Section 50053 line 22 of the Health and Safety Code, or an affordable housing cost, as line 23 defined by Section 50052.5 of the Health and Safety Code, and line 24 subject to a recorded deed restriction for a period of 55 years for line 25 rental units and 45 years for owner-occupied units, unless a local line 26 ordinance or a federal, state, or local grant, tax credit, or other line 27 project financing requires a longer period of affordability. line 28 (V) The land is developed at an average density of at least 10 line 29 units per acre, calculated with respect to the entire sectional line 30 planning area. line 31 (VI) No more than 25 percent of the nonresidential square line 32 footage identified in the sectional planning area document receives line 33 its first certificate of occupancy before at least 25 percent of the line 34 residential square footage identified in the sectional planning area line 35 document has received its first certificate of occupancy. line 36 (VII) No more than 50 percent of the nonresidential square line 37 footage identified in the sectional planning area document receives line 38 its first certificate of occupancy before at least 50 percent of the line 39 residential square footage identified in the sectional planning area line 40 document has received its first certificate of occupancy. 98 — 14 — SB 79 126 line 1 (VIII) No more than 75 percent of the nonresidential square line 2 footage identified in the sectional planning area document shall line 3 receive its first certificate of occupancy before at least 75 percent line 4 of the residential square footage identified in the sectional planning line 5 area document has received its first certificate of occupancy. line 6 (ii) The local agency includes in the annual report required by line 7 paragraph (2) of subdivision (a) of Section 65400 the status of line 8 development, including the total square footage of the residential line 9 and nonresidential development, the number of residential units line 10 that have been permitted, and what percentage of those residential line 11 units are restricted for persons and families of low or moderate line 12 income, or lower income households, as defined in Section 50079.5 line 13 of the Health and Safety Code. line 14 (iii) The Department of Housing and Community Development line 15 may request additional information from the agency regarding line 16 land disposed of pursuant to this subparagraph. line 17 (iv) At least 30 days prior to disposing of land declared “exempt line 18 surplus land,” a local agency shall provide the Department of line 19 Housing and Community Development a written notification of line 20 its declaration and findings in a form prescribed by the Department line 21 of Housing and Community Development. Within 30 days of line 22 receipt of the written notification and findings, the department line 23 shall notify the local agency if the department has determined that line 24 the local agency is in violation of this article. A local agency that line 25 fails to submit the written notification and findings shall be liable line 26 for a civil penalty pursuant to this subparagraph. A local agency line 27 shall not be liable for the civil penalty if the Department of Housing line 28 and Community Development does not notify the agency that the line 29 agency is in violation of this article within 30 days of receiving line 30 the written notification and findings. Once the department line 31 determines that the declarations and findings comply with line 32 subclauses (I) to (IV), inclusive, of clause (i), the local agency line 33 may proceed with disposal of land pursuant to this subparagraph. line 34 This clause is declaratory of, and not a change in, existing law. line 35 (v) If the local agency disposes of land in violation of this line 36 subparagraph, the local agency shall be liable for a civil penalty line 37 calculated as follows: line 38 (I) For a first violation, 30 percent of the greater of the final line 39 sale price or the fair market value of the land at the time of line 40 disposition. 98 SB 79 — 15 — 127 line 1 (II) For a second or subsequent violation, 50 percent of the line 2 greater of the final sale price or the fair market value of the land line 3 at the time of disposition. line 4 (III) For purposes of this subparagraph, fair market value shall line 5 be determined by an independent appraisal of the land. line 6 (IV) An action to enforce this subparagraph may be brought by line 7 any of the following: line 8 (ia) An entity identified in subdivisions (a) to (e), inclusive, of line 9 Section 54222. line 10 (ib) A person who would have been eligible to apply for line 11 residency in affordable housing had the agency not violated this line 12 section. line 13 (ic) A housing organization, as that term is defined in Section line 14 65589.5. line 15 (id) A beneficially interested person or entity. line 16 (ie) The Department of Housing and Community Development. line 17 (V) A penalty assessed pursuant to this subparagraph shall, line 18 except as otherwise provided, be deposited into a local housing line 19 trust fund. The local agency may elect to instead deposit the penalty line 20 moneys into the Building Homes and Jobs Trust Fund or the line 21 Housing Rehabilitation Loan Fund. Penalties shall not be paid out line 22 of funds already dedicated to affordable housing, including, but line 23 not limited to, Low and Moderate Income Housing Asset Funds, line 24 funds dedicated to housing for very low, low-, and line 25 moderate-income households, and federal HOME Investment line 26 Partnerships Program and Community Development Block Grant line 27 Program funds. The local agency shall commit and expend the line 28 penalty moneys deposited into the local housing trust fund within line 29 five years of deposit for the sole purpose of financing newly line 30 constructed housing units that are affordable to extremely low, line 31 very low, or low-income households. line 32 (VI) Five years after deposit of the penalty moneys into the line 33 local housing trust fund, if the funds have not been expended, the line 34 funds shall revert to the state and be deposited in the Building line 35 Homes and Jobs Trust Fund or the Housing Rehabilitation Loan line 36 Fund for the sole purpose of financing newly constructed housing line 37 units located in the same jurisdiction as the surplus land and that line 38 are affordable to extremely low, very low, or low-income line 39 households. Expenditure of any penalty moneys deposited into the line 40 Building Homes and Jobs Trust Fund or the Housing Rehabilitation 98 — 16 — SB 79 128 line 1 Loan Fund pursuant to this subdivision shall be subject to line 2 appropriation by the Legislature. line 3 (vi) For purposes of this subparagraph, the following definitions line 4 apply: line 5 (I) “Sectional planning area” means an area composed of line 6 identifiable planning units, within which common services and line 7 facilities, a strong internal unity, and an integrated pattern of land line 8 use, circulation, and townscape planning are readily achievable. line 9 (II) “Sectional planning area document” means a document or line 10 plan that sets forth, at minimum, a site utilization plan of the line 11 sectional planning area and development standards for each land line 12 use area and designation. line 13 (vii) This subparagraph shall become inoperative on January 1, line 14 2034. line 15 (Q) Land that is owned by a California public-use airport on line 16 which residential uses are prohibited pursuant to Federal Aviation line 17 Administration Order 5190.6B, Airport Compliance Program, line 18 Chapter 20 -- Compatible Land Use and Airspace Protection. line 19 (R) Land that is transferred to a community land trust, and all line 20 of the following conditions are met: line 21 (i) The property is being or will be developed or rehabilitated line 22 as any of the following: line 23 (I) An owner-occupied single-family dwelling. line 24 (II) An owner-occupied unit in a multifamily dwelling. line 25 (III) A member-occupied unit in a limited equity housing line 26 cooperative. line 27 (IV) A rental housing development. line 28 (ii) Improvements on the property are or will be available for line 29 use and ownership or for rent by qualified persons, as defined in line 30 paragraph (6) of subdivision (c) of Section 214.18 of the Revenue line 31 and Taxation Code. line 32 (iii) (I) A deed restriction or other instrument, requiring a line 33 contract or contracts serving as an enforceable restriction on the line 34 sale or resale value of owner-occupied units or on the affordability line 35 of rental units is recorded on or before the lien date following the line 36 acquisition of the property by the community land trust. line 37 (II) For the purpose of this clause, the following definitions line 38 apply: line 39 (ia) “A contract or contracts serving as an enforceable restriction line 40 on the sale or resale value of owner-occupied units” means a 98 SB 79 — 17 — 129 line 1 contract described in paragraph (11) of subdivision (a) of Section line 2 402.1 of the Revenue and Taxation Code. line 3 (ib) “A contract or contracts serving as an enforceable restriction line 4 on the affordability of rental units” means an enforceable and line 5 verifiable agreement with a public agency, a recorded deed line 6 restriction, or other legal document described in subparagraph (A) line 7 of paragraph (2) of subdivision (g) of Section 214 of the Revenue line 8 and Taxation Code. line 9 (iv) A copy of the deed restriction or other instrument shall be line 10 provided to the assessor. line 11 (S) (i) For local agencies whose primary mission or purpose is line 12 to supply the public with a transportation system, surplus land that line 13 is developed for commercial or industrial uses or activities, line 14 including nongovernmental retail, entertainment, or office line 15 development or for the sole purpose of investment or generation line 16 of revenue, if the agency meets all of the following conditions: line 17 (I) The agency has an adopted land use plan or policy that line 18 designates at least 50 percent of the gross acreage covered by the line 19 adopted land use plan or policy for residential purposes. The line 20 adopted land use plan or policy shall also require the development line 21 of at least 300 residential units, or at least 10 residential units per line 22 gross acre, averaged across all land covered by the land use plan line 23 or policy, whichever is greater. line 24 (II) The agency has an adopted land use plan or policy that line 25 requires at least 25 percent of all residential units to be developed line 26 on the parcels covered by the adopted land use plan or policy made line 27 available to lower income households, as defined in Section 50079 line 28 of the Health and Safety Code, at an affordable sales price or rented line 29 at an affordable rent, as defined in Sections 50052.5 and 50053 of line 30 the Health and Safety Code, for 55 years for rental housing and line 31 45 years for ownership housing, unless a local ordinance or the line 32 terms of a federal, state, or local grant, tax credit, or other project line 33 financing requires a longer period of affordability. These terms line 34 shall be included in the land use plan or policy and dictate that line 35 they will be contained in a covenant or restriction recorded against line 36 the surplus land at the time of disposition that shall run with the line 37 land and be enforceable against any owner or lessee who violates line 38 the covenant or restriction and each successor in interest who line 39 continues the violation. 98 — 18 — SB 79 130 line 1 (III) Land disposed of for residential purposes shall issue a line 2 competitive request for proposals subject to the local agency’s line 3 open, competitive solicitation process or put out to open, line 4 competitive bid by the local agency, provided that all entities line 5 identified in subdivision (a) of Section 54222 are invited to line 6 participate. line 7 (IV) Prior to entering into an agreement to dispose of a parcel line 8 for nonresidential development on land designated for the purposes line 9 authorized pursuant to this subparagraph in an agency’s adopted line 10 land use plan or policy, the agency, since January 1, 2020, must line 11 have entered into an agreement to dispose of a minimum of 25 line 12 percent of the land designated for affordable housing pursuant to line 13 subclause (II). line 14 (ii) The agency may exempt at one time all parcels covered by line 15 the adopted land use plan or policy pursuant to this subparagraph. line 16 (2) Notwithstanding paragraph (1), a written notice of the line 17 availability of surplus land for open-space purposes shall be sent line 18 to the entities described in subdivision (b) of Section 54222 before line 19 disposing of the surplus land, provided the land does not meet the line 20 criteria in subparagraph (H) of paragraph (1), if the land is any of line 21 the following: line 22 (A) Within a coastal zone. line 23 (B) Adjacent to a historical unit of the State Parks System. line 24 (C) Listed on, or determined by the State Office of Historic line 25 Preservation to be eligible for, the National Register of Historic line 26 Places. line 27 (D) Within the Lake Tahoe region as defined in Section 66905.5. line 28 (g) “Persons and families of low or moderate income” has the line 29 same meaning as provided in Section 50093 of the Health and line 30 Safety Code. line 31 SEC. 2. Chapter 4.1.5 (commencing with Section 65912.155) line 32 is added to Division 1 of Title 7 of the Government Code, to read: line 33 line 34 Chapter 4.1.5. Transit-Oriented Development line 35 line 36 65912.155. The Legislature finds and declares all of the line 37 following: line 38 (a) California faces a housing shortage both acute and chronic, line 39 particularly in areas with access to robust public transit line 40 infrastructure. 98 SB 79 — 19 — 131 line 1 (b) Building more homes near transit access reduces housing line 2 and transportation costs for California families, and promotes line 3 environmental sustainability, economic growth, and reduced traffic line 4 congestion. line 5 (c) Public transit systems require sustainable funding to provide line 6 reliable service, especially in areas experiencing increased density line 7 and ridership. The state does not invest in public transit service line 8 to the same degree as it does in roads, and the state funds a smaller line 9 proportion of the state’s major transit agencies’ operations costs line 10 than other states with comparable systems. Transit systems in line 11 other countries derive significant revenue from transit oriented line 12 development at and near their stations. line 13 65912.156. For purposes of this chapter, the following line 14 definitions apply: line 15 (a) “Adjacent” means sharing a property line with a transit line 16 station or stop, including any parcels that serve a parking or line 17 circulation purpose related to the station or stop. line 18 (b) “Department” means the Department of Housing and line 19 Community Development. line 20 (c) “Floor area ratio” means the ratio of net habitable square line 21 footage dedicated to residential use to the area of the lot. line 22 (d) “High-frequency commuter rail” means a commuter rail line 23 service operating a total of at least six trains per hour during line 24 weekday peak periods at any point in the past three years, or with line 25 a service plan to implement that frequency in the next three years. line 26 (e) “High-resource area” means a high-resource neighborhood line 27 opportunity area, as used in the opportunity area maps published line 28 annually by the California Tax Credit Allocation Committee and line 29 the department. line 30 (f) “Moderate-frequency commuter rail” means a commuter line 31 rail service with a total of at least 24 daily trains per weekday and line 32 service frequency below a total of 6 trains per hour during weekday line 33 peak periods at any point in the past three years, or with a service line 34 plan to implement that frequency in the next three years. line 35 (g) “Net habitable square footage” means the finished and line 36 heated floor area fully enclosed by the inside surface of walls, line 37 windows, doors, and partitions, and having a headroom of at least line 38 six and one-half feet, including working, living, eating, cooking, line 39 sleeping, stair, hall, service, and storage areas, but excluding 98 — 20 — SB 79 132 line 1 garages, carports, parking spaces, cellars, half-stories, and line 2 unfinished attics and basements. line 3 (h) “Rail transit” has the same meaning as defined in Section line 4 99602 of the Public Utilities Code. line 5 (i) “Tier 1 transit-oriented development stop” means a line 6 transit-oriented development stop served by rail transit, as defined line 7 in Section 99602 of the Public Utilities Code, including, but not line 8 limited to, high-frequency commuter rail and light rail transit that line 9 uses fixed guideway facilities immediately adjacent to the line 10 transit-oriented development stop, excluding those rail transit line 11 services defined as part of Tier 2 or 3. line 12 (j) “Tier 2 transit-oriented development stop” means a line 13 transit-oriented development stop served by light rail transit run line 14 by a public transit operator that uses fixed guideway facilities that line 15 are not grade separated immediately adjacent to the line 16 transit-oriented development stop, or fixed guideway or nonfixed line 17 guideway bus service with frequencies of 15 minutes or better that line 18 uses transit priority lanes for some or all of the route. line 19 (k) “Tier 3 transit-oriented development stop” means a line 20 transit-oriented development stop served by moderate-frequency line 21 commuter rail service or ferry service. line 22 (l) “Transit-oriented development stop” means a major transit line 23 stop, as defined by Section 21155 of the Public Resources Code, line 24 excluding any stop served by rail transit with a frequency of fewer line 25 than 10 total trains per weekday. line 26 65912.157. (a) A residential development within one-half or line 27 one-quarter mile of a transit-oriented development stop shall be line 28 an allowed use on any site zoned for residential, mixed, line 29 commercial, or light industrial development, if the development line 30 complies with the applicable of all of the following requirements: line 31 (1) For a residential development within one-quarter mile of a line 32 Tier 1 transit-oriented development stop, all of the following apply: line 33 (A) A development may be built up to 75 feet high, or up to the line 34 local height limit, whichever is greater. line 35 (B) A local government shall not impose any maximum density line 36 of less than 120 dwelling units per acre. The development line 37 proponent may seek a further increased density in accordance line 38 with applicable density bonus law. 98 SB 79 — 21 — 133 line 1 (C) A local government shall not enforce any other local line 2 development standard or combination of standards that would line 3 prevent achieving a floor area ratio of up to 3.5. line 4 (D) A development that otherwise meets the eligibility line 5 requirements of Section 65915, including, but not limited to, line 6 affordability requirements, shall be eligible for three additional line 7 concessions pursuant to Section 65915. line 8 (2) For a residential development within one-half mile of a Tier line 9 1 transit-oriented development stop, all of the following apply: line 10 (A) A development may be built up to 65 feet high, or up to the line 11 local height limit, whichever is greater. line 12 (B) A local government shall not impose any maximum density line 13 standard of less of less than 100 dwelling units per acre. The line 14 development proponent may seek a further increased density in line 15 accordance with applicable density bonus law. line 16 (C) A local government shall not enforce any other local line 17 development standard or combination of standards that would line 18 prevent achieving a floor area ratio of up to 3. line 19 (D) A development that otherwise meets the eligibility line 20 requirements of Section 65915, including, but not limited to, line 21 affordability requirements, shall be eligible for two additional line 22 concessions pursuant to Section 65915. line 23 (3) For a residential development within one-quarter mile of a line 24 Tier 2 transit-oriented development stop, all of the following apply: line 25 (A) A development may be built up to 65 feet high, or up to the line 26 local height limit, whichever is greater. line 27 (B) A local government shall not impose any maximum density line 28 standard of less than 100 dwelling units per acre. The development line 29 proponent may seek a further increased density in accordance line 30 with applicable density bonus law. line 31 (C) A local government shall not enforce any other local line 32 development standard or combination of standards that would line 33 prevent achieving a floor area ratio of up to 3. line 34 (D) A development that otherwise meets the eligibility line 35 requirements of Section 65915, including, but not limited to, line 36 affordability requirements, shall be eligible for two additional line 37 concessions pursuant to Section 65915. line 38 (4) For a residential development within one-half mile of a Tier line 39 2 transit-oriented development stop, all of the following apply: 98 — 22 — SB 79 134 line 1 (A) A development may be built up to 55 feet high, or up to the line 2 local height limit, whichever is greater. line 3 (B) A local government shall not impose any maximum density line 4 standard of less than 80 dwelling units per acre. The development line 5 proponent may seek a further increased density in accordance line 6 with applicable density bonus law. line 7 (C) A local government shall not enforce any other local line 8 development standard or combination of standards that would line 9 prevent achieving a floor area ratio of up to 2.5. line 10 (D) A development that otherwise meets the eligibility line 11 requirements of Section 65915, including, but not limited to, line 12 affordability requirements, shall be eligible for one additional line 13 concession pursuant to Section 65915. line 14 (5) For a residential development within one-quarter mile of a line 15 Tier 3 transit-oriented development stop, all of the following apply: line 16 (A) A development may be built up to 55 feet high, or up to the line 17 local height limit, whichever is greater. line 18 (B) A local government shall not impose any maximum density line 19 standard of less than 80 dwelling units per acre. The development line 20 proponent may seek a further increased density in accordance line 21 with applicable density bonus law. line 22 (C) A local government shall not enforce any other local line 23 development standard or combination of standards that would line 24 prevent achieving a floor area ratio of up to 2.5. line 25 (D) A development that otherwise meets the eligibility line 26 requirements of Section 65915, including, but not limited to, line 27 affordability requirements, shall be eligible for one additional line 28 concession pursuant to Section 65915. line 29 (6) For a residential development within one-half mile of a Tier line 30 3 transit-oriented development stop, all of the following apply: line 31 (A) A development may be built up to 45 feet high, or up to the line 32 local height limit, whichever is greater. line 33 (B) A local government shall not impose any maximum density line 34 standard of less than 60 dwelling units per acre. The development line 35 proponent may seek a further increased density in accordance line 36 with applicable density bonus law. line 37 (C) A local government shall not enforce any other local line 38 development standard or combination of standards that would line 39 prevent achieving a floor area ratio of up to 2. 98 SB 79 — 23 — 135 line 1 (b) Notwithstanding any other law, a parcel that meets any of line 2 the eligibility criteria under subdivision (a) and is immediately line 3 adjacent to a Tier 1, Tier 2, or Tier 3 transit-oriented development line 4 stop shall be eligible for an adjacency intensifier to increase the line 5 height limit by an additional 20 feet, the maximum density standard line 6 by an additional 40 dwelling units per acre, and the floor area line 7 ratio by 1. line 8 (c) A development proposed pursuant to this section shall line 9 comply with the antidisplacement requirements of Section 66300.6. line 10 This subdivision shall apply to any city or county. line 11 (d) A local government that denies a project meeting of the line 12 requirements of this section that is located in a high-resource area line 13 shall be presumed to be in violation of the Housing Accountability line 14 Act (Section 65589.5) and liable for penalties pursuant to line 15 subparagraph (B) of paragraph (1) of subdivision (k) of Section line 16 65589.5, unless the local government demonstrates substantial line 17 evidence that it has a health, life, or safety reason for denying the line 18 project. line 19 65912.158. Notwithstanding any other provision of this chapter, line 20 a transit agency may adopt objective standards for both residential line 21 and commercial developments proposed to be constructed on land line 22 owned by the transit agency or on which the transit agency has a line 23 permanent operating easement, if the objective standards allow line 24 for the same or greater development intensity as that allowed by line 25 local standards or applicable state law. line 26 65912.159. A development project proposed pursuant to Section line 27 65912.157 shall be eligible for streamlined ministerial approval line 28 pursuant to Section 65913.4 in accordance with both of the line 29 following: line 30 (a) The proposed project shall be exempt from subparagraph line 31 (A) of paragraph (4) of, paragraph (5) of, and clause (iv) of line 32 subparagraph (A) of paragraph (6) of, subdivision (a) of Section line 33 65913.4. line 34 (b) The project shall comply with all other requirements of line 35 Section 65913.4, including, but not limited to, the prohibition line 36 against a site that is within a very high fire hazard severity zone, line 37 pursuant to subparagraph (D) of paragraph (6) of subdivision (a) line 38 of Section 65913.4. line 39 65912.160. (a) The department shall oversee compliance with line 40 this chapter, including, but not limited to, promulgating standards 98 — 24 — SB 79 136 line 1 on how to account for capacity pursuant to this chapter in a city line 2 or county’s inventory of land suitable for residential development, line 3 pursuant to Section 65583.2. line 4 (b) (1) A local government may adopt an ordinance to line 5 implement the provisions of this chapter, which may include line 6 revisions to applicable zoning requirements on individual sites line 7 within a transit-oriented development zone, provided that those line 8 revisions maintain the average density allowed for the applicable line 9 tier, or up to a 100-percent increase, subject to review by the line 10 department pursuant to paragraph (3). line 11 (2) An ordinance adopted to implement this section shall not line 12 be considered a project under Division 13 (commencing with line 13 Section 21000) of the Public Resources Code. line 14 (3) (A) A local government shall submit a copy of any ordinance line 15 adopted pursuant to this section to the department within 60 days line 16 of adoption. line 17 (B) Upon receipt of an ordinance pursuant to this paragraph, line 18 the department shall review that ordinance and determine whether line 19 it complies with this section. If the department determines that the line 20 ordinance does not comply with this section, the department shall line 21 notify the local government in writing and provide the local line 22 government a reasonable time, not to exceed 30 days, to respond line 23 before taking further action as authorized by this section. line 24 (C) The local government shall consider any findings made by line 25 the department pursuant to subparagraph (B) and shall do one of line 26 the following: line 27 (i) Amend the ordinance to comply with this section. line 28 (ii) Adopt the ordinance without changes. The local government line 29 shall include findings in its resolution adopting the ordinance that line 30 explain the reasons the local government believes that the line 31 ordinance complies with this section despite the findings of the line 32 department. line 33 (D) If the local government does not amend its ordinance in line 34 response to the department’s findings or does not adopt a line 35 resolution with findings explaining the reason the ordinance line 36 complies with this chapter and addressing the department’s line 37 findings, the department shall notify the local government and may line 38 notify the Attorney General that the local government is in violation line 39 of this section. 98 SB 79 — 25 — 137 line 1 65912.161. The Legislature finds and declares that the state line 2 faces a housing crisis of availability and affordability, in large line 3 part due to a severe shortage of housing, and solving the housing line 4 crisis therefore requires a multifaceted, statewide approach, line 5 including, but not limited to, encouraging an increase in the overall line 6 supply of housing, encouraging the development of housing that line 7 is affordable to households at all income levels, removing barriers line 8 to housing production, expanding homeownership opportunities, line 9 and expanding the availability of rental housing, and is a matter line 10 of statewide concern and is not a municipal affair as that term is line 11 used in Section 5 of Article XI of the California Constitution. line 12 Therefore, this chapter applies to all cities, including charter cities. line 13 SEC. 3. Section 21080.26.5 is added to the Public Resources line 14 Code, to read: line 15 21080.26.5. (a) For the purposes of this section, “public line 16 project” means a project constructed by either a public agency or line 17 private entity, that, upon the completion of the construction, will line 18 be operated by a public agency. line 19 (b) This division shall not apply to a public or private line 20 residential, commercial, or mixed-used project that, at the time line 21 the project application is filed, is located entirely or principally line 22 on land owned by a public transit agency, or fully or partially line 23 encumbered by an existing operating easement in favor of a public line 24 transit agency, and that includes at least one of the following: line 25 (1) A project component identified in paragraphs (1) to (5), line 26 inclusive, or paragraph (7) of subdivision (b) of Section 21080.25. line 27 (2) A public project for passenger rail service facilities, other line 28 than light rail service eligible under paragraph (5) of subdivision line 29 (b) of Section 21080.25, including the construction, line 30 reconfiguration, or rehabilitation of stations, terminals, rails, line 31 platforms, or existing operations facilities, which will be exclusively line 32 used by zero-emission or electric trains. The project shall be line 33 located on land owned by a public transit agency, or land fully or line 34 partially encumbered by an existing operating easement in favor line 35 of a public transit agency, at the time the project application is line 36 filed. line 37 (3) An agreement between the project applicant and public line 38 transit agency that owns the land or has the permanent operating line 39 easement to finance transit capital infrastructure, transit line 40 maintenance, or transit operations, including through a proposed 98 — 26 — SB 79 138 line 1 public financing district, community financing district, or tax line 2 increment generated by the project. line 3 (c) If a project described in subdivision (b) requires the line 4 construction of new passenger rail storage and maintenance line 5 facilities at a publicly or privately owned offsite location distinct line 6 from the principal project site, then that project shall be considered line 7 a wholly separate project from the project described in subdivision line 8 (b) and shall not be exempt from this division. Any required line 9 environmental review shall not affect or render invalid the line 10 exemption provided in subdivision (b), regardless of whether the line 11 project described in subdivision (b) cannot proceed unless the line 12 offsite facilities are constructed. line 13 SEC. 4. No reimbursement is required by this act pursuant to line 14 Section 6 of Article XIII B of the California Constitution because line 15 a local government or school district has the authority to levy line 16 service charges, fees, or assessments sufficient to pay for the line 17 program or level of service mandated by this act, within the line 18 meaning of Section 17556 of the Government Code. line 19 SECTION 1. (a) It is the intent of the Legislature to enact line 20 legislation that makes housing more affordable for California line 21 families, reduces greenhouse gas emissions, and enhances public line 22 transit systems. line 23 (b) Specifically, it is the intent of the Legislature that the line 24 legislation described in subdivision (a) do all of the following: line 25 (1) Require the upzoning of land near rail stations and rapid bus line 26 lines to encourage transit-oriented development. line 27 (2) Ensure that the degree of upzoning is proportional to the line 28 capacity of the adjacent transit network and the distance to transit line 29 stations, thereby maximizing the use of public transit infrastructure. line 30 (3) Integrate upzoning provisions into local jurisdictions’ line 31 housing elements to align with statewide housing goals and line 32 promote compliance with the regional housing need allocation line 33 process. line 34 (4) Support transit agencies in increasing and diversifying their line 35 revenue sources beyond existing public subsidies and fare revenue line 36 either in this bill or in subsequent legislation, ensuring sustainable line 37 funding for operational and capital improvements necessary to line 38 meet increased demand resulting from upzoning initiatives. line 39 SEC. 2. (a) The Legislature finds and declares the following: 98 SB 79 — 27 — 139 line 1 (1) California faces a housing shortage both acute and chronic, line 2 particularly in areas with access to robust public transit line 3 infrastructure. line 4 (2) Building more homes near transit access reduces housing line 5 and transportation costs for California families, and promotes line 6 environmental sustainability, economic growth, and reduced traffic line 7 congestion. line 8 (3) Public transit systems require sustainable funding to provide line 9 reliable service, especially in areas experiencing increased density line 10 and ridership. The state does not invest in public transit service to line 11 the same degree as it does in roads, and the state funds a smaller line 12 proportion of the state’s major transit agencies’ operations costs line 13 than other states with comparable systems. line 14 (b) Therefore, it is the intent of the Legislature to address these line 15 challenges by enacting legislation to do the following: line 16 (1) Establishing a framework for transit-based upzoning that is line 17 sensitive to the capacity of existing and planned transit line 18 infrastructure. line 19 (2) Supporting local jurisdictions in integrating these upzoning line 20 requirements into their housing elements as part of their general line 21 plans. line 22 (3) Allowing local jurisdictions to be exempt from the upzoning line 23 provisions if they adopt higher intensity or more permissive zoning line 24 standards than those set by state law. line 25 (4) Ensuring that all eligible parcels may also benefit from the line 26 streamlining provisions under Section 65913.4 of the Government line 27 Code, provided they meet the labor, environmental, and other line 28 relevant standards outlined in the statute. line 29 (5) Granting transit agencies the authority to set residential and line 30 commercial zoning standards on properties they own or have a line 31 permanent operating easement on, provided that the residential line 32 and commercial zoning standards are higher intensity and more line 33 permissive than the zoning standards set by the local government. line 34 SEC. 3. In enacting the legislation described in Section 1, it is line 35 further the intent of the Legislature to do the following: line 36 (a) Consult with local governments, regional planning agencies, line 37 transit operators, housing advocates, environmental groups, and line 38 other stakeholders to develop effective and equitable upzoning line 39 criteria. 98 — 28 — SB 79 140 line 1 (b) Require local jurisdictions to adopt and implement these line 2 transit-based upzoning policies in a timely and effective manner. line 3 (c) Monitor and evaluate the outcomes of transit-based upzoning line 4 policies to ensure alignment with the state’s housing, line 5 environmental, and transportation goals. O 98 SB 79 — 29 — 141 142 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org March 26, 2025 The Honorable Scott Wiener Senator, California State Senate 1021 O St, Suite 8620 Sacramento, CA 95814 RE: SB 79 (Wiener) Transit-oriented Development Notice of Opposition Dear Senator Scott Wiener, The League of California Cities writes to express our strong opposition to your SB 79 (Wiener), which would disregard state-certified housing elements and bestow land use authority to transit agencies without any requirement that developers build housing, let alone affordable housing. SB 79 doubles down on the recent trend of the state overriding its own mandated local housing elements. This latest overreaching effort forces cities to approve transit-oriented development projects near specified transit stops — up to seven stories high and a density of 120 homes per acre — without regard to the community's needs, environmental review, or public input. Most alarmingly, SB 79 defies cities’ general plans and provides transit agencies unlimited land use authority on property they own or have a permanent easement, regardless of the distance from a transit stop. Transit agencies would have the power to determine all aspects of the development including height, density, and design, without any regard to local zoning or planning. This broad new authority applies to both residential and commercial development. Transit agencies could develop 100% commercial projects — even at transit stops — and not provide a single new home, while simultaneously making the argument that more housing must be constructed around transit stops. Cal Cities appreciates and respects your desire to pursue a housing production proposal. However, as currently drafted, SB 79 will not spur much-needed housing construction in a manner that supports local flexibility, decision-making, and community input. State-driven ministerial or by- right housing approval processes fail to recognize the extensive public engagement associated with developing and adopting zoning ordinances and housing elements. California will never produce the number of homes needed with an increasingly state-driven, by- right housing approval process. What we really need is a sustainable state investment that matches the scale of this decades-in-the-making crisis. For these reasons, Cal Cities opposes SB 79. Please do not hesitate to contact me to discuss this in greater detail at (916) 658-8264. Sincerely, Jason Rhine, Senior Director, Legislative Affairs 143 144 DRAFT The Honorable Scott Wiener Senator, California State Senate 1021 O St, Suite 8620 Sacramento, CA 95814 RE: SB 79 (Wiener) Transit-oriented Development Notice of Opposition Dear Senator Wiener, The City of Palm Desert respectfully submits this letter in strong opposition to SB 79, which undermines locally adopted and state-certified housing elements by granting land use authority to transit agencies — entities not charged with local planning — without requiring that housing, affordable or otherwise, be delivered. Palm Desert is deeply committed to doing its part to address the statewide housing crisis. We have adopted a compliant Housing Element and are actively facilitating housing production through thoughtful, community-based planning. However, SB 79 disregards these efforts by imposing a blanket upzoning mandate within a half-mile of transit stops, requiring cities to ministerially approve projects up to seven stories in height and 120 units per acre, regardless of infrastructure capacity, community input, or environmental concerns. SB 79 would have a significant and disruptive impact on Palm Desert: Incompatible Development Patterns: Palm Desert is a master-planned community that prioritizes sustainable desert-sensitive development. The bill’s one-size-fits-all approach is incompatible with the City’s unique land use and design considerations, including height limitations, view preservation, and water-wise development. Transit Agency Overreach: SB 79 grants unlimited authority to transit agencies on lands they own or control, including properties far from meaningful transit corridors. This removes Palm Desert’s ability to ensure that development is compatible with the surrounding community and infrastructure capacity, including water supply and traffic circulation. Undermines Public Engagement: Palm Desert residents have actively participated in shaping our General Plan, Housing Element, and zoning ordinances. SB 79 would sideline these voices in favor of ministerial approvals without meaningful public input or environmental review. While we appreciate the intent to increase housing production near transit, SB 79 is not the answer. It fails to ensure the construction of affordable or even market-rate housing while simultaneously stripping cities of meaningful oversight. Instead, the Legislature should focus on sustained, robust investment in housing and infrastructure that respects local decision-making. For these reasons, the City of Palm Desert respectfully opposes SB 79. Sincerely, 145 146 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 10, 2025 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: RESOLUTION ADOPTING ADMINISTRATIVE POLICY CLRK-003 - LEGISLATIVE AND INTERGOVERNMENTAL LETTERS RECOMMENDATION: Adopt a resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING ADMINISTRATIVE POLICY CLRK-003 - LEGISLATIVE AND INTERGOVERNMENTAL LETTERS.” BACKGROUND/ANALYSIS: The City of Palm Desert regularly receives requests to issue letters of support or opposition regarding proposed legislation, regional initiatives, partner agency projects, and funding opportunities. While the City has an informal process in place for evaluating and issuing these letters, a formal policy has not previously been adopted. Administrative Policy CLRK-003 establishes a consistent, transparent, and Brown Act–compliant process for issuing legislative and intergovernmental letters. The policy formalizes current practices and includes the following provisions: The Mayor and Mayor Pro Tem may authorize time -sensitive letters on behalf of the City, subject to City Council ratification. If a letter is controversial or if the Mayor and Mayor Pro Tem are not in agreement, the item will be agendized for City Council discussion and direction. If both the Mayor and Mayor Pro Tem oppose a letter, the matter may only proceed if a Councilmember independently requests agendizing the item. The City Manager may require any proposed letter to be brought before the City Council. At staff’s request, the Mayor may sign letters requesting funding or grants for City-initiated projects without Council ratification. A non-deliberative review process is included to allow remaining Councilmembers to raise concerns about draft letters when time permits. If a letter is issued by the Mayor and Mayor Pro Tem and the City Council later declines to ratify it, the letter will be considered withdrawn, and the Cit y Clerk will notify the requesting agency accordingly. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no financial impact associated with this action. ATTACHMENTS: 1. Draft Resolution 2. Exhibit A - Policy CLRK-003, Legislative and Intergovernmental Letters 147 148 RESOLUTION NO. 2025-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING ADMINISTRATIVE POLICY CLRK- 003 - LEGISLATIVE AND INTERGOVERNMENTAL LETTERS WHEREAS, the City of Palm Desert frequently receives requests to issue letters of support or opposition for legislation, funding applications, and initiatives advanced by other agencies, jurisdictions, or regional partners; and WHEREAS, the City has historically relied on an informal process for evaluating and authorizing such correspondence, often involving the Mayor and Mayor Pro Tem; and WHEREAS, the City Council desires to establish a consistent, transparent, and accountable framework to guide the issuance of such letters while complying with the Ralph M. Brown Act and the Palm Desert Municipal Code; and WHEREAS, Administrative Policy CLRK-003 – Legislative and Intergovernmental Letters, attached hereto as Exhibit “A,” formalizes existing practices, provides procedures for Councilmember notification and input, and clarifies the authority of the Mayor, Mayor Pro Tem, and City Manager in the issuance of legislative correspondence. 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 approves Administrative Policy CLRK-003 – Legislative and Intergovernmental Letters, attached hereto as Exhibit “A,” and incorporated herein by this reference. ADOPTED ON ________________, 2025. JAN C. HARNIK MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK 149 Resolution No. 2025-____ Page 2 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2025-__ 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 150 CITY OF PALM DESERT ADMINISTRATIVE PROCEDURES Subject Legislative and Intergovernmental Letters Policy No. CLRK-003 Date Issued: April 10, 2025 Amended: N/A Approved by Resolution No. {2025-XX} Authored by City Clerk Department I. PURPOSE To establish a consistent and transparent process for reviewing, approving, and issuing legislative and intergovernmental letters on behalf of the City of Palm Desert. This includes letters of support or opposition related to pending legislation, regional initiatives, partner agency projects, and funding requests. II. SCOPE This policy applies to all departments and officials involved in the preparation and issuance of formal correspondence representing the City’s position on legislative matters, intergovernmental partnerships, or project-related funding efforts. III. DEFINITIONS A. Legislative/Intergovernmental Letters: Formal correspondence expressing support or opposition to proposed legislation, initiatives, or projects initiated by external jurisdictions or agencies, such as regional hospitals, universities (e.g., California State University, University of California, Riverside), the Coachella Valley Association of Governments (CVAG), or other cities. B. City-Initiated Projects: Projects or funding efforts led by the City of Palm Desert. C. Controversial: Politically sensitive items that have divided community interest or may significantly impact the City’s policies, resources, or strategic direction. IV. GENERAL POLICIES A. Authorization for Issuance: The Mayor and Mayor Pro Tem may authorize time-sensitive legislative or intergovernmental letters on behalf of the City. Letters authorized by the Mayor and Mayor Pro Tem shall be placed on the next available City Council agenda for formal ratification. If the City Council does not ratify a previously issued letter, the letter shall be considered withdrawn. The City Clerk shall notify the requesting agency in writing that the City Council did not ratify the correspondence. 151 Administrative Procedures Manual CLK-003 - Legislative and Intergovernmental Letters Page 2 of 2 B. Handling of Controversial or Split-Support Letters: 1) If the Mayor and Mayor Pro Tem are not in agreement on a letter, or if the matter is deemed controversial, the item shall be agendized for City Council discussion and direction. 2) If both the Mayor and Mayor Pro Tem oppose the issuance of a letter, the matter shall not proceed unless a member of the City Council independently requests that the item be placed on a future agenda. In such cases, the City Manager or City Clerk shall agendize the matter in accordance with the Palm Desert Municipal Code § 2.36.060. C. City Manager Safeguard Role: The City Manager may direct that any proposed letter, regardless of support from the Mayor and Mayor Pro Tem, be submitted to the City Council for consideration, particularly if the matter is politically sensitive or controversial. D. Exception for City-Initiated Funding Support: At the request of City staff, the Mayor may sign letters requesting funding or grants for City-initiated projects without City Council ratification. E. Councilmember Notification and Input (Non-Deliberative): In the interest of transparency, a draft legislative or intergovernmental letter proposed for issuance by the Mayor and Mayor Pro Tem will be distributed by the City Manager or City Clerk to the remaining City Councilmembers for individual review, if time permits. Councilmembers may raise individual concerns or objections to the City Manager or City Clerk. Staff shall not share other Councilmembers' positions or facilitate discussion outside a public meeting. If any concern is raised, the City Manager or City Clerk shall notify the Mayor and Mayor Pro Tem that a concern was received. The Mayor and Mayor Pro Tem may then: 1) Proceed with the letter as drafted 2) Agendize the item for City Council consideration 3) Revise or withhold the letter V. TRANSACTIONAL PROCEDURES A. Departments may propose letters for consideration, which shall be routed through the City Manager and City Clerk for coordination. B. The City Clerk shall maintain a record of all legislative and intergovernmental letters issued, including those authorized administratively and those ratified by the City Council. C. Letters requiring ratification shall be placed on the next available City Council agenda, typically under the Consent Calendar, unless otherwise requested. 152 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 10, 2025 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: RESOLUTION ESTABLISHING THE PUBLIC AFFAIRS MARKETING PANEL AND CLARIFYING MEMBERSHIP ELIGIBILITY REQUIREMENTS AND APPOINTMENTS RECOMMENDATION: Adopt a resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A PUBLIC AFFAIRS MARKETING PANEL TO BE ADVISORY TO THE PUBLIC AFFAIRS MANAGER AND RESCINDING RESOLUTION NO. 2025-012.” BACKGROUND/ANALYSIS: On February 27, 2025, the City Council approved the dissolution of the Marketing Committee and the creation of the Public Affairs Marketing Panel to streamline the advi sory process. This new panel reports directly to the Public Affairs Manager, providing greater flexibility in meeting logistics, including the option for virtual meetings. Following a recent resident inquiry, staff identified potentially ambiguous language in the eligibility criteria for panel membership. Specifically, it was unclear whether members must be working marketing professionals representing one of the following business sectors: large hotels, small hotels, large retailers, small retailers, shopp ing centers, restaurants, cultural, visual, or performing arts, real estate, local attractions, and marketing professionals. To eliminate this ambiguity, staff recommends that the City Council rescind Resolution No. 2025 - 012 and adopt the attached resolution. The revised language explicitly states that members must be employed within the Coachella Valley in one of the designated sectors at the time of appointment and throughout their term of service. In addition, Resolution No. 2025-012 currently delegates sole authority for appointments to the Public Affairs Manager. To preserve City Council involvement in the appointment process, staff recommends that the City Council Ad Hoc Subcommittee on Boards and Commissions and the Public Affairs Manager participate in candidate interviews, with appointments made by a majority vote of the three-member panel. If the Ad Hoc Subcommittee is not in place, the Mayor and Mayor Pro Tem shall serve in its place. On March 19, 2025, staff consulted with the Ad Hoc Subcommittee on Boards and Commissions, composed of Mayor Harnik and Councilmember Pradetto. The subcommittee concurred with the proposed changes and directed staff to prepare a resolution reflecting the clarified eligibility requirements and the revised appointment process. 153 City of Palm Desert Public Affairs Marketing Panel – Membership Eligibility & Appointments Page 2 of 2 Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no financial impact related to this action. ATTACHMENT: 1. Resolution 154 RESOLUTION NO. 2025-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A PUBLIC AFFAIRS MARKETING PANEL TO BE ADVISORY TO THE PUBLIC AFFAIRS MANAGER AND RESCINDING RESOLUTION NO. 2025-012 WHEREAS, on February 27, 2025, the City Council adopted Resolution No. 2025- 012, establishing the Public Affairs Marketing Panel to replace the Marketing Committee, with the goal of streamlining the advisory process by creating a panel that reports directly to the Public Affairs Manager, thereby allowing for more flexible meeting arrangements, including virtual meetings; and WHEREAS, it has been the City's established practice and interpretation that members of the Marketing Committee must be actively employed professionals representing one of the following business sectors: large hotels, small hotels, large retailers, small retailers, shopping centers, restaurants, cultural, visual, or performing arts, real estate, local attractions, and marketing professionals; and WHEREAS, to eliminate any ambiguity regarding membership eligibility, it is recommended that the City Council rescind Resolution No. 2025-012 and adopt this resolution to explicitly clarify that members must be currently employed within the Coachella Valley in one of the aforementioned business sectors at the time of appointment and throughout their term of service ; and WHEREAS, the City Council also desires to preserve its involvement in the appointment process by requiring that appointments to the Public Affairs Marketing Panel be made by a majority vote of a three-member panel consisting of the City Council Ad Hoc Subcommittee on Boards and Commissions and the Public Affairs Manager; and WHEREAS, if the Ad Hoc Subcommittee on Boards and Commissions is not established at the time of appointment, the Mayor and Mayor Pro Tem shall serve in its place. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Recitals. That the foregoing recitals are true and correct and are incorporated herein by this reference. SECTION 2. Establishment. The City Council hereby establishes the Public Affairs Marketing Panel, which shall replace the existing Marketing Committee. SECTION 3. Purpose and Scope. The Panel shall serve as an advisory body to the Public Affairs Manager, providing insights and recommendations on matters related to tourism, marketing, and business activities within the City. 155 Resolution No. 2025-____ Page 2 SECTION 4. Responsibilities. The Panel has the following responsibilities: A. Review, monitor, and evaluate the City's marketing, advertising, and public relations efforts including the annual marketing plan, media plans, and related budgets. B. Review print, radio, digital, and social media advertising and collateral m aterials produced by the City or its representatives. C. Monitor the City's website to ensure it is utilized to its fullest potential in the promotion of the City and its marketing/tourism goals. D. Review and make recommendations on requests for financial suppo rt for special events and activities. E. Make recommendations about the selection of consultants and agencies providing professional marketing/advertising services required by the City. SECTION 5. Composition. The Panel shall consist of up to seven members representing diverse sectors, including but not limited to large hotels, small hotels, large retailers, small retailers, shopping centers, restaurants, cultural, visual, or performing arts, real estate, local attractions, and marketing professionals. Members must be currently employed within the Coachella Valley in one of these fields at the time of appointment and throughout their term of service. SECTION 6. Appointments and Removal. Appointments to the Public Affairs Marketing Panel shall be made by a majority vote of a three-member panel composed of the City Council Ad Hoc Subcommittee on Boards and Commissions and the Public Affairs Manager. If the Ad Hoc Subcommittee is not established at the time of appointment, the Mayor and Mayor Pro Tem shall serve in its place. The Public Affairs Manager may remove any member at their discretion, provided that the City Council is notified of such removal in a timely manner. SECTION 7. Meetings. The Panel shall meet as needed and may conduct meetings virtually to accommodate members’ schedules, ensuring a more consistent and efficient advisory process. SECTION 8. Agendas and Minutes. A recording secretary appointed by the City Clerk shall be responsible for preparing agendas and action minutes for the Public Affairs Marketing Panel. Agendas must be posted at least 72 hours prior to each meeting. Minutes shall be recorded at all meetings. All meetings of the Panel shall be open to the public, and the public is invited to attend. SECTION 9. Prohibition of Serial Meetings. Serial meetings, where a majority of the members discuss, deliberate, or take action on any matter within the Panel's jurisdiction outside of a properly noticed public meeting, are strictly prohibited. This includes any series of communications, whether in person, by phone, em ail, or other means, that may lead to a collective concurrence on an issue. SECTION 10. Communication of Advice. The Public Affairs Manager is 156 Resolution No. 2025-____ Page 3 responsible for communicating the advice and recommendations of the Public Affairs Marketing Panel to the City Council. The Manager shall not disregard or filter the advice provided by the Panel, ensuring that the City Council receives the full scope of the Panel's input for consideration. ADOPTED ON ________________, 2025. JAN C. HARNIK MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2025-__ 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 157 158 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 10, 2025 PREPARED BY: Monique Lomeli, Senior Deputy Clerk SUBJECT: ACCEPTANCE OF A RESIGNATION FROM THE CIVIC ENGAGEMENT COMMITTEE RECOMMENDATION: With regret, accept the resignation of Brooke Beare Stjerne from the Civic Engagement Committee. BACKGROUND/ANALYSIS: On September 15, 2022, Brooke Beare Sterne was appointed to the Civic Engagement Committee for a term ending on June 30, 2024. On June 27, 2024, Ms. Beare Sterne was reappointed to the Committee for a term ending on June 30, 2028. On March 24, 2025, Ms. Beare Sterne informed the City of her resignation, effective immediately. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no fiscal impact associated with this report. 159 160 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 10, 2025 PREPARED BY: Ivan Tenorio, Homeless and Supportive Services Manager SUBJECT: HOMELESSNESS TASK FORCE 2025 ANNUAL WORK PLAN RECOMMENDATION: Approve the 2025 Homelessness Task Force Annual Work Plan. BACKGROUND/ANALYSIS: On November 4, 2024, the Homelessness Task Force reviewed and approved six key categories designed to build an effective System of Care for individuals experiencing homelessness in the City. As part of this process, two categories were renamed to better reflect their scope and objectives: Housing to Bridge Housing Supportive Services to Crisis Intervention and Prevention Additionally, a new sixth category, Homeless Prevention Resources, was included to further enhance the City's comprehensive approach to homelessness. To support the development of the 2025 Homelessness Task Force Annual Work Plan, Task Force members completed a survey to assess services within these six categories. The survey results were incorporated into the Work Plan, ensuring alignment with Task Force preferences. Staff is requesting that the City Council approve and r atify the Work Plan to solidify the City's commitment to these initiatives. 2025 Homelessness Task Force Annual Work Plan These six categories are as follows: Category Services 1. Outreach & Engagement Street outreach, case management, linkage to permanent supportive housing, linkage to treatment centers, and vital documentation. Also focus on hotspots as they appear or cause concerns for the community. 2. Shelter 5 beds at CVRM with the option to increase or decrease bed count, renew agreement for next Fiscal Year 25/26, consider and include a transportation services element to the agreement. 3. Bridge Housing Continue partnership with CVAG’s CV Housing First program and gather refined metrics. 4. Crisis Intervention and Prevention Prioritizes strengthened coordination with County Behavioral Health resources, including CBAT and Mobile Crisis Teams, to improve responsiveness to mental health crises. 161 City of Palm Desert Approve the Homelessness Task Force 2025 Annual Work Plan Page 2 of 2 5. Community Programs Focuses on enhancing visibility and access to essential services through an upgraded City website and comprehensive resource directories. 6. Homeless Prevention Resources Work with the City’s Housing Authority on connecting with the low-income community complexes to provide resources for families who may need assistance. Staff recommends that the City Council approve and ratify the 2025 Homelessness Task Force Annual Work Plan to ensure continued progress in addressing homelessness. By reinforcing service priorities, strengthening partnerships, and expanding preventive efforts, the City w ill enhance its System of Care and provide meaningful support to its most vulnerable residents. FINANCIAL IMPACT: Homeless Services Program costs are covered by Opioid Settlement and Permanent Local Housing Allocation (PLHA) Funding. Therefore, there is no direct impact on the General Fund. 162 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 10, 2025 PREPARED BY: Daniel Hurtado, Public Safety Analyst SUBJECT: PUBLIC SAFETY COMMITTEE 2025 WORK PLAN RECOMMENDATION: Approve the Public Safety Committee’s 2025 Work Plan . BACKGROUND/ANALYSIS: The Public Safety Committee (PSC) now meets every other month to review law enforcement operations and public safety matters, providing recommendations to the City Council as needed. At the February 11, 2025, meeting, staff presented a proposed work plan outlining six potential areas of focus. Committee members were invited to review and provide feedback. At the March 11, 2025, meeting, the committee identified three key priority areas for the 2025 work plan: Priority Description 1. Community Policing Strengthen collaboration with the Riverside County Sheriff’s Department to enhance community policing efforts and engagement. 2. Public Safety Budget, Emergency Preparedness, and Fire Inspections for Businesses and Buildings Monitor and review the public safety budget to ensure alignment with community safety priorities. Assess the effectiveness of fire inspection services for local businesses and buildings. 3. Innovative Technology Explore and evaluate emerging technologies that can improve public safety services and enhance operational efficiency. To ensure comprehensive oversight and equitable distribution of responsibilities, the committee established subcommittees for each priority area during its March 11, 2025, meeting. These subcommittees will facilitate in-depth analysis and ensure ongoing progress across all focus areas. Appointed Body Recommendation: This item was presented to the Public Safety Committee at its March 11, 2025 meeting, where a motion was passed to proceed with the proposed work plan. FINANCIAL IMPACT: There is no fiscal impact associated with adoption of the work plan. 163 164 Page 1 of 2 CITY OF PALM DESERT/ HOUSING AUTHORITY BOARD STAFF REPORT MEETING DATE: April 10, 2025 PREPARED BY: Shawn Muir, Community Services Manager SUBJECT: APPROVE CHANGE ORDER NO. 1 TO C47750 WITH WEST COAST ARBORISTS, INC., OF INDIO, CA, FOR ADDITIONAL ARBORICULTURAL SERVICES (PROJECT NO. MLS00026) RECOMMENDATION: 1. Approve Change Order No. 1 to C47750 with West Coast Arborists, Inc. of Indio, CA, for additional arboricultural services to increase compensation in an amount not to exceed $275,000; for a total annual amount of $1,389,125. 2. Authorize the City Attorney to make any necessary non -monetary changes to the agreement. 3. Authorize the City Manager to execute said Change Order. BACKGROUND/ANALYSIS: On June 13, 2024, the City Council approved Contract No. C47750 with West Coast Arborist, Inc., for a term of three years, with an option of two, one -year extensions. The contract was awarded following a competitive bidding process in which two pre-proposal meetings were held, and the selected vendor was evaluated by staff using criteria established in the Request for Proposals. This contract consolidates several annual tree maintenance services such as palm tree pruning, broadleaf tree pruning, emergency removal, and tree planting work into one comprehensive contract and vendor. This contracting method reduces excess fees for mobilization and special equipment, and additional cost savings are achieved through improved administrative efficiency, reducing staff time. It also covers the City’s entire Urban Forest, which includes parks, medians, City-maintained properties, Desert Willow Golf Resort, and the Palm Desert Housing Authority properties. Neighboring cities such as Indio, Coachella, and Palm Springs adopted this unified tree maintenance model and have found this type of agreement beneficial. This year, staff have adopted a more proactive approach to tree maintenance, focusing on tree encroachment, viewing corridors, and safety concerns. The extended summer heat of 2024 led to increased limb removal and tree replacement efforts across the city. Additionally, thinning vegetated areas at Desert Willow Golf Resort remains a priority to reduce fire risk and maintain a well-manicured appearance. The resort continues to experience above -average visitor turnout, with the development of DSRT Surf drawing even more attention to the area. The proposed amendment continues proactive tree management throughout the City by addressing these concerns and allows work to start prior to the end of the fiscal year when the focus seasonally turns to palm pruning activities instead. Legal Review: 165 City of Palm Desert Approve Change Order No. 1 to C47750 with WCA Page 2 of 2 This report has been reviewed by the City Attorney’s Office. Appointed Body Recommendation: The Housing Commission reviewed the recommendation to award C47750 at its regular meeting on May 8, 2024. The Housing Authority is not affected by the proposed Change Order, and it has therefore not been considered by the Housing Commission. Housing Authority staff have been made aware of the proposed Change Order. Strategic Plan: Parks & Recreation, Priority 1 states in part, “Prepare for the financial requirements of maintaining existing parks to the highest level of service”. This request also furthers the Authority’s mission “to serve the citizens of Palm Desert by providing decent, safe, sanitary, and affordable housing”. FINANCIAL IMPACT: Funds have been included in the FY 2024-25 operating budget in the appropriate City, Desert Willow, Assessment Districts, and Housing Authority accounts. Funds for planned additional work in FY 2025-26 will be included in the proposed budget for the appropriate Desert Willow and Landscape Services accounts. Currently, the Public Works Operations Budget has available funds in the amount of $1,435,000 exclusively for tree maintenance, covering annual pruning and emergency work such as wind damage, vandalism, and vehicle accidents. The proposed change order will increase the total not-to-exceed contract amount by $275,000, increasing it to $1,389,125 across all funds. The costs will be allocated between the City, Desert Willow, and the Housing Authority based on actual work performed. Of the requested increase, $200,000 will be designated specifically for pruning, cleanup, and vegetation removal at Desert Willow Golf Resort, while the remaining $75,000 will be distributed across other areas of the City, as detailed in the table below. Approval of this change order does not guarantee that the full amount will be allocated or expended. FY 2024-25 Account No. Available Funds Original Contract Requested Increase Balance Civic Center Park 1104610-4332001 $130,000 $115,000 $15,000 Parks 1104611-4332001 $150,000 $117,500 $15,000 Medians 1104614-4337001 $500,000 $450,000 $45,000 LLDs 200 Accounts $100,000 $76,625 $0 Desert Willow 4414195-4809200 $425,000 $225,000 $200,000 Housing Authority Authority’s Operating Budget Accounts $130,000 $130,000 $0 Contract Totals $1,114,125 $275,000 Total $1,435,000 $1,389,125 $45,875 ATTACHMENTS: 1. Change Order No. 1 2. Agreement C47750 166 CITY OF PALM DESERT CONTRACT CHANGE ORDER Justification: Contract No / P.O. #: Change Order No.: Contingency: YES NO Account No.: Project No.: Vendor No.: Description of Changes Decrease In Contract Price Increase In Contract Price Totals: Net Change in Contract Price: Original Contract Amount: + Contingency: + Total Budget Amount: Less: Expend. / Encumb. To Date: - Less: This Change Order Amount: - Remaining for Project: Contingency: + Less: Prior Change Order(s): - Less: This Change Order: - Remaining of Contingency: __________________________________________________________ dollars and ___/100 (___________) Revised Contract Total: ___________________________ Contractor shall construct, furnish all supervision, labor, services, equipment, and materials, and perform all work necessary or required to fully complete the changes to the Contract described in this Change Order for the amount agreed upon between the Contractor and the City of Palm Desert (“City”). Contract Purpose: Contractor Name: C47750 24251389 1 4 Multiple MLS00026 V0010641 Arboricultural Services West Coast Arborists, Inc. Additional citywide tree maintenance $ 75,000.00 Additional work at Desert Willow Golf Resort $ 200,000.00 $ 0.00 $ 275,000.00 $ 275,000.00 $ 275,000.00 $ 275,000.00 See attached staff report. $ 1,114,125.00 $ 0.00 $ 0.00$ 1,114,125.00 $ 1,114,125.00 -$ 275,000.00 $ 0.00 -$ 275,000.00 The amount of the contract will be increased by the sum of: Two Hundred Seventy Five 00 $ 275,000.00 $ 1,389,125.00 167 Continued from Front Contract No. _________ Contract Change Order No. ___ Contract Time Extension: __________________________ Contractor accepts the terms and conditions stated above as full and final settlement of any and all claims arising out of or related to the subject of this Change Order and acknowledges that the compensation (time and cost) set forth herein comprises the total compensation due for the work or change defined in the Change Order, including all impact on any unchanged work. Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the City from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related to the subject of the Change Order, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages. The adjustments to the Contract Price and Contract Time in this Change Order constitute the entire compensation and/or adjustment thereto due to Contractor, including but not limited to all direct, indirect, consequential, profit, labor, equipment, tools, idle time, incidentals, and overhead (field and home office) costs, due to Contractor arising out of or related to the change in the work covered by this Change Order. The Contractor hereby releases and agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of, or as a result of, this Change Order and/or its impact on the remainder of the work under the Contract. This Change Order will become a supplement to the Contract and all provisions will apply hereto. 1. REQUESTED BY: ______________________ Department Director 2. ACCEPTED BY: ______________________ Contractor 3. CERTIFIED FUNDS AVAILABLE ______________________ Finance Director 4. APPROVED BY: ______________________ City Manager NOTE: No payments will be made prior to City Manager or Council approval QC: _____ C47750 1 N/A 168 CITY OF PALM DESERT MAINTENANCE SERVICES AGREEMENT 1. Parties and Date. This Agreement No. C4 7750 is made and entered into this 13 th day of June , 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 73-51 O Fred Waring Drive, Palm Desert , California 92260 -2578 , ("City") and WEST COAST ARBORISTS , INC., a Corporation, with its principal place of business at 43712 JACKSON STREET , INDIO, CA 92201 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties ." 2. Recitals. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing maintenance services to public clients, that it and its subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City . Contractor shall not subcontract any portion of the work required by this Agreement , except as expressly stated herein, without prior written approval of City. Subcontracts , if any , shall contain a provision making them subject to all provisions stipulated in this Agreement. 2.2 Project. The City is a public agency of the State of California and is in need of services for the following project: 3. Terms. Arboriculture Services Project Project No. MLS00026 (hereinafter referred to as "the Project"). 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools , equipment , services , and incidental and customary work necessary to fully and adequately supply the maintenance services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A " attached hereto and incorporated herein by reference. All Services shall be subject to , and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference , and all applicable local , state , and federal laws , rules and regulations. 3.1.2 Term . The term of this Agreement shall be from July 1, 2024, to June 30, 2027 , unless earlier terminated as provided herein. The City shall have the unilateral option , at its sole discretion , to renew this Agreement automatically for no more than 2 additional one-year terms . Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines . The Parties may, by mutual , written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means , methods, and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Rev ised 11 -2-20 BBK 72500 .0000 1\32374943 .1 -1 - 169 Contract No. C47750 Any personnel performing the Services under this Ag reement on behalf of Contractor shall not be employees of City and shall at all times be under Contractor 's exclusive direction and control. Contractor shall pay all wages , salaries , and other amounts due such personnel in connection with the ir performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel , including , but not limited to soc ial security taxes , income tax withhold ing , unemployment insurance , disability insurance , and workers' compensation insurance. 3 .2 .2 Schedule of Services . Contractor shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Contractor represents that it has the professional and techn ical personnel required to perform the Services in conformance with such conditions . Upon request of City , Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services . 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City 's Representative. The City hereby designates Shawn Muir, Community Services Manager , or his or her designee , to act as its representative for the performance of this Agreement ("City 's Representative"). City 's Representative shall have the power to act on behalf of the City and the Palm Desert Housing Authority ("Housing Authority ") for all purposes under this Agreement except for increasing compensation. Contractor shall not accept direction or orders from any person other than the City 's Representat ive or his or her designee. 3 .2 .5 Contractor's Representative . Contractor hereby designates Patrick Mahoney, President , or his or her designee , to act as its representative for the performance of this Agreement ("Contractor's Representative "). Contractor 's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor 's Representative shall supervise and d irect the Services , using his best skill and attent ion , and shall be responsible for all means , methods , techniques , sequences , and procedures and for the sat isfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services . Contractor agrees to work closely with City staff in the performance of Services and shall be available to City 's staff , consultants , and other staff at all reasonable times. 3 .2.7 Standard of Care; Performance of Employees . Contractor shall perform all Services under this Agreement in a skillful and competent manner , consistent with the standards generally recognized as being employed by profess ionals in the same discipline in the State of Cal ifornia. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services . Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally , Contractor represents that it , its employees , and subcontractors have all licenses , permits , qualifications and approvals of whatever nature that are legally required to perform the Services , including a City Business License , and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform , at its own cost and expense and without reimbursement from the City , any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply w ith the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative , incompetent , a threat to the adequate or timely completion of the Project , a threat 2 Revised 07-2023 BBK 72500.0000 1\32374943 .1 170 Contract No. C47750 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 Pro j ect by the Contractor and shall not be re -employed to perform any of the Serv ices or to work on the Project. 3 .2 .8 Period of Performance . Contracto r shall perfo rm and complete all Services under this Agreement within the term set forth in Section 3 .1.2 above ("Performance Time "). Contractor shall perform the Services in strict accordance with any completion schedule or Project m ilestones described in Exhibits "A" or "B" attached hereto , or which may be provided separately in writ ing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and /or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement , it is understood , acknowledged and agreed that the City will suffer damage . 3.2 .9 Disputes. Should any dispute ar ise respecting the true value of any work done , of any work omitted , or of any extra work wh ich Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Contract , Contractor shall continue to perform the Work while said dispute is decided by the City . If Contractor disputes the City 's decision , Contractor shall have such remedies as may be provided by law . 3 .2.1 O Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local , state , and fede ral laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal /OSHA requirements , and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violat ions of such laws and regulations shall be grounds for the City to terminate the Agreement for cause . City is a public entity of the State of California subject to certain provisions of the Health & Safety Code , Government Code , Public Contract Code , and Labor Code of the State . It is st ipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with . 3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully complies with all requirements and restrict ions of state and federal law respecting the employment of undocumented aliens , including , but not limited to , the Immigration Reform and Control Act of 1986 , as may be amended from time to time and shall require all subconsultants and sub- subconsultants to comply with the same. Contractor certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers ' Compensation or to undertake self-insurance in accordance with the provis ions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 3.2 .10 .3 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer , and it shall not discriminate against any subcontractor, employee or applicant for employment because of race , religion , color, national origin , hand icap , ancestry , sex or age. Such non-discrimination shall include , but not be limited to, all activities related to in it ial employment , upgrading , demotion , transfer , recru itment or recruitment advertising , layoff or termination . Contractor shall comply with all relevant provisions of City 's Minority Business 3 Revised 07-2023 BBK 72500 .0000 1\32374943.1 171 Contract No. C47750 Enterprise program, Affirmat ive Action Plan or other related programs or gu idelines currently in effect or hereinafter enacted . 3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furn ishing or using equipment and/or providing services , including , but not limited to , emissions limits and permitting requi rements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requ irements ' application to "portable equipment", wh ich definition is considered by CARB to include any item of equipment with a fuel-powered engine . Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws , rules and/or regulations by Contractor, its subcontractors , or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2 .10 .5 Water Quality Management and Compliance. To the extent applicable , Contractor's Services must account for , and fully comply with , all local, state and federal laws, rules and regulations that may impact water quality compliance , including , without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C . §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws , rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board ; the City 's ordinances regulating discharges of storm water ; and any and all regulations , policies , or permits issued pursuant to any such authority regulating the discharge of pollutants , as that term is used in the Porter-Cologne Water Quality Control Act , to any ground or surface water in the State . Failure to comply with the laws , regulations and policies described in this Section is a violation of law that may subject Contractor to penalties , f ines , or additional regulatory requirements. 3 .2 .11 Insurance. 3.2 .11.1 Minimum Requirements. Without limiting Contractor 's indemnification of City and Housing Authority , and prior to commencement of the Services , Contractor shall obtain , provide , and maintain at its own expense during the term of this Agreement , policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2 ,000 ,000 per occurrence , $4 ,000,000 general aggregate , for bodily injury , personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. (B) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising ou t of or in connection with Work to be performed under this Agreement , includ ing coverage for any owned, hired , non- owned or rented vehicles , in an amount not less than $2 ,000 ,000 combined single limit for each acc ident. The City 's Risk Manager may modify th is requ irement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Umbrella or Excess Liability Insurance. Contractor may opt to util ize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances , Contractor may obtain and mainta in an umbrella or excess liability insurance 4 Revised 07-2023 BBK 72500.0000 1\32374943.1 172 Contract No. C47750 pol icy 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 , includ ing commercial general liability and employer 's liability. Such policy or policies shall include the following terms and conditions: (a) A drop-down feature requir ing the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason ; (b) Pay on behalf of word ing as opposed to reimbursement ; (c) Concurrency of effective dates with primary policies ; and (d) Policies shall ''follow form " to the underlying primary policies. (e) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (D) Workers ' Compensat ion Insurance. Contractor shall maintain Workers ' Compensation Insurance (Statutory Limits ) and Employer's Liabil ity Insurance (with lim its of at least $1 ,000 ,000 ). Contractor shall subm it to City , along with the certificate of insurance , a Waiver of Subrogation endorsement in favor of the City and Hous ing Authority, its elected or appointed officers , and their respective agents , officials , employees , volunteers , and representatives . (E) Fidelity Coverage . [Reserved] (F) Cyber Liability Insurance. [Reserved) (G) Pollution Liability Insurance. [Reserved] 3.2 .11.2 Other Provisions and Requirements. (A) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein , along with a waiver of subrogation endorsement for workers ' compensation . Insurance certificates and endorsements must be approved by City 's Risk Manager prior to commencement of performance . Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to requ ire complete , certif ied copies of all required insurance policies , at any t ime . (B) Duration of Coverage . Contractor shall procure and maintain for the duration of the contract insurance against cla ims for injuries to persons or damages to property , which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents , representatives , employees , or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Contracto r 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 5 Revised 07-2023 BBK 72500.00001\32374943 .1 173 Contract No. C47750 combination of primary and umbrella or excess insu rance. Any umbrella or excess insurance shall conta in or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City 's own insurance or self-insurance shall be called upon to protect it as a named insured. (D) City 's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications , or is canceled and not replaced , City has the right , but not the duty , to obtain the insurance it deems necessary , and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative , City may cancel this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rat ing 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 Subrogat ion . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City and Housing Authority , its elected or appointed officers , and their respective agents , officials , employees , volunteers , and representatives, or shall specifically allow Contractor or others prov id ing 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 and Hous ing Authority , its elected or appointed officers , and their respective agents , officials , employees , volunteers , and representatives , and shall require similar written express waivers and insurance clauses from each of its subcontractors . (G) Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting . Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage , limits or other requirements , or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive , or to the exclusion of other coverage , or a waiver of any type . If the Contractor maintains higher limits than the minimums shown above , the City requ ires and shall be entitled to coverage for the higher limits maintained by the Contractor . Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each requ ired 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 Housing Authority , its elected or appointed officers , and their respective 6 Revised 07 -2023 BBK 72500.00001132374943 .1 174 Contract No. C47750 agents , officials , employees , volunteers , and representatives , shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing . (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor 's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability . The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Contractor agrees to ensure that its sub- consultants, sub-contractors , and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request , all agreements with consultants , subcontractors , and others engaged in the Project will be submitted to City for review. (N) City's Right to Revise Specifications . The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation . If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice . (0) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims . Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement , and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Contractor shall also procure and maintain , at its own cost and expense , any additional kinds of insurance , which in its own judgment may be necessary for its proper protection and prosecution of the work . 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property . In carrying out its Services , the Contractor shall at all times be in compliance with all applicable local , state and federal laws , rules and regulations , and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions , where applicable , shall include , but shall not be limited to : (A) adequate life protection and lifesaving equipment and procedures ; (8) instructions in accident prevention for all employees and subcontractors , such as safe walkways , scaffolds , fall protection ladders, br idges , 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 7 Rev ised 07-2023 BBK 72500 .0000 1\32374943.1 175 Contract No. C47750 injuries ; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 Bonds . 3.2.13 .1 Performance Bond . If required by law or otherwise specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total , not-to-exceed compensation indicated in this Agreement , and in a form provided or approved by the City . If such bond is required , no payment will be made to Contractor until it has been received and approved by the City. 3.2.13 .2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference , Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total , not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13 .3 Bond Provisions . Should , in City's sole opinion , any bond become insufficient , or any surety be found to be unsatisfactory , Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond , at least thirty (30) days prior written notice shall be given to the City , and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any , that the total compensation is increased in accordance with the Agreement , the Contractor shall , upon request of the City , cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available , the bonds shall further provide that no change or alteration of the Agreement (including , without limitation , an increase in the total compensation , as referred to above), extensions of time , or modifications of the t im e, terms , or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond , the City may terminate this Agreement for cause. 3.2.13.4 Surety Qualifications . Only bonds executed by an admitted surety insurer , as defined in Code of Civil Procedure Section 995.120 , shall be accepted. The surety must be a California-admitted surety with a current A.M . Best's rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements , the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure , and proof of such is provided to the City. 3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable . Contractor shall allow a representative of City during normal business hours to exam ine, audit , and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work , data , documents, proceedings , and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3 .2.15 Work Sites . 8 Revised 07-2023 BB K 72500 .00001\32374943 .1 176 Contract No. C47750 3 .2.15 .1 Inspection of Site. Con t ractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determ ine the condition of the work sites , its access ibility to materials , workmen and equipment , and to determine Contractor 's ability to protect exist ing surface and subsurface improvements. No claim for allowances-time or money-will be allowed as to such matters after commencement of the Services . 3.2 .15 .2 Field Measurements . Contractor shall make field measurements , verify field conditions , and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract , including any plans , specifications , or scope of work before commenc ing Services . Errors , inconsistencies, or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the cond ition . 3.2 .15 .3 Hazardous Materials and Differing Conditions. Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes , hazardous substances and hazardous materials as defined in California state or federal law at the site which have not been rendered harmless , the Contractor shall immediately stop work at the affected area and shall report the condition to the City in writing . The City shall contract for any services required to directly remove and/or abate PCBs , hazardous substances , other toxic wastes , and hazardous materials , and shall not require the Contractor to subcontract for such services. The Services in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor. 3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein , or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City. 3.2.17 Warranty . Contractor warrants all Services under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materia ls incorporated into the work , whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency . In addition , Contractor shall , at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work . For any work so corrected , Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period , commencing with the date of acceptance of such corrected work . Contractor shall perform such tests as the City may require to verify that any corrective actions , including , without limitation , redesign , repairs , and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing , including the removal , replacement , and reinstitution of equipment and materials necessary to gain access , shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors , suppliers , and manufacturers w ith respect to any portion of the work , whether express or implied , are deemed to be obtained by Contractor for the 9 Revised 07-2023 BBK 72500 .0000 1\32374943 .1 177 Contract No. C47750 benefit of the City , regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees , if necessary , on behalf of the City . In the event that Contractor fails to perform its obligations under this Section , or under any other warranty or guaranty under this Agreement , to the reasonable satisfaction of the City , the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation , including authorized reimbursements , for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed ONE MILLION ONE HUNDRED FOURTEEN THOUSAND ONE HUNDRED TWENTY-FIVE DOLLARS ($1,114,125) per fiscal year without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices which provides a detailed description of the Services and hours rendered by Contractor. City shall, within thirty (30) days of receiving such statement , review the statement and pay all non -disputed and approved charges . Contractor shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not const itute acceptance of any Services completed by Contractor. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Deductions . City may deduct or withhold , as applicable , from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law ; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses , losses , or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums . 3 .3.4 Reimbursement for Expenses . Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.5 Extra Work . At any time during the term of this Agreement , City may request that Contractor perform Extra Work. As used here in , "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project , but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform , nor be compensated for , Extra Work without written authorization from City 's Representative. 3 .3.6 Prevailing Wages . Contractor is aware of the requirements of California Labor Code Section 1720 , et seq., and 1770 , et seq ., as well as California Code of Regulations, Title 8 , Section 16000, et seq ., ("Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works " and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws , and if the total compensation is 10 Revised 07-2023 BBK 72500.00001 \32374943 .1 178 Contract No. C47750 $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft , classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor's principal place of business and at the Project site . Contractor shall defend , indemnify , and hold the City , its elected or appointed officers , and their respective agents, officials, employees , volunteers and representatives free and harmless from any claim or liability arising out of any fa ilure or alleged failure to comply with the Prevailing Wage Laws . It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions , which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1 ). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4 . 3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable "public works " or "maintenance" project , and if the total compensation is $1,000 or more , then pursuant to Labor Code Sections 1725.5 and 1771 .1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations . Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors , as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations . It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor 's performance of Services , including any delay , shall be Contractor 's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify, and hold the City, its elected or appointed officers , and their respective agents , officials , employees , volunteers , and representatives free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may , by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination , and specifying the effective date thereof , at least seven (7) days before the effective date of such termination. Upon termination , Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be ent itl ed to no further compensation . Contractor may not terminate this Agreement except for cause . 3.4 .2 Effect of Termination. If this Agreement is terminated as provided herein , City may require Contractor to provide all finished or unf ini shed information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request . 11 Rev ised 07-2023 BBK 72500.0000 1\32374943 .1 179 Contract No. C47750 3.4.3 Additional Services . In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 General Provisions. 3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address , or at such other address as the respective parties may provide in writing for this purpose: Contractor: WEST COAST ARBORISTS , INC. 43712 Jackson Street Indio , CA 92201 ATTN: Victor Gonzalez City: City of Palm Desert 73-51 O Fred Waring Drive Palm Desert , CA 92260-2578 ATTN: Shawn Muir , 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. 3.5.2 Indemnification. 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend , indemnify and hold the City , its elected or appointed officers , and their respective agents, officials , employees , volunteers and representatives free and harmless from any and all claims, demands , causes of action, suits , actions , proceedings , costs, expenses, liability, judgments , awards , decrees , settlements , loss , damage or injury of any kind , in law or equ ity , regardless of whether the allegations are false , fraudulent , or groundless , to property or persons , including wrongful death, (collectively , "Claims ") in any manner arising out of, pertaining to , or incident to any acts , errors or omissions, or willful misconduct of Contractor, its officials , officers , employees, subcontractors, consultants or agents in connection with the performance of the Services, the Project or this Agreement , including without limitation the payment of all expert witness fees , attorneys' fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the City. 3 .5 .2.2 Additional Indemnity Obligations . Contractor shall defend , with counsel of City 's choosing and at Contractor's own cost , expense , and risk , any and all Claims covered by this section that may be brought or instituted against the City, its elected or appointed officers , and their respective agents, officials, employees, volunteers and representatives. In addition , Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City , its elected or appointed officers, and their respective agents , officials, employees , volunteers, and representatives as part of any such claim, suit , action , or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by the City , its elected or appointed officers , and their respective agents , officials , employees , volunteers , and representatives as part of any such claim, suit, action , or other proceeding . Such reimbursement shall include payment for City 's attorney's fees and costs , including expert witness fees. 12 Revised 07-2023 BBK 72500 .0000113237 4943. 1 180 Contract No. C47750 Contractor shall reimburse the City , its elected or appo inted officers , and thei r respective agents , officia ls, employees , volunteers , and representatives , for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemn ity herein provided. Contractor's obligation to indemnify shall survive exp irat ion or termination of this Agreement , and shall not be restricted to insurance proceeds, if any , received by the Contractor , the City , its elected or appointed officers , and their respective agents , officials , employees , volunteers , and representatives. 3 .5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California . Venue shall be in Riverside County. In addition to any and all Agreement requ irements pertaining to notices of and requests for compensation or payment for extra work , disputed work , claims and /or changed conditions , Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq . prior to filing any lawsuit against the City . Such Government Code claims , and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work , disputed work , claims , and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherw ise satisfied as specified herein , Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.5.4 Time of Essence . Time is of the essence for each and every provision of this Agreement. 3 .5.5 City 's Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assigns. This Agreement shall be bind ing on the successors and assigns of the parties . 3 .5.7 Assignment or Transfer. Contractor shall not assign , hypothecate, or transfer , either directly or by operation of law , this Agreement or any interest herein without the prior written consent of the City . Any attempt to do so shall be null and void , and any assignees , hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment , hypothecation or transfer . 3.5 .8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement , the language of this Agreement shall be construed simply , according to its fair meaning , and not strictly for or against any Party. Any term referencing time , days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel , employees , agents , and subcontractors of Contractor , except as otherwise specified in this Agreement. All references to the City include its elected or appointed officers , and their respective agents , officials , employees , vo lunteers , and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only , and do not define , limit , augment , or describe the scope , content , or intent of this Agreement. 3.5.9 Amendment; Modification . No supplement , modification or amendment of this Agreement shall be bind ing unless executed in writing and signed by both Parties. 3 .5 .1 O Waiver . No waiver of any default shall constitute a wa iver of any other default or breach , whether of the same or other covenant or condition . No waiver , benefit , 13 Revised 07-202 3 BBK 72500 .00001\3237 4943 .1 181 Contract No. C47750 privilege , or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom , estoppel or otherwise . 3.5.11 No Third-Party Beneficiaries . Except to the extent expressly provided for in Section 3.5.7 , there are no intended third-party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal , or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5 .13 Prohibited Interests . Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor , to solicit or secure this Agreement. Further, Contractor warrants that it has not paid , nor has it agreed to pay any company or person , other than a bona fide employee working solely for Contractor , any fee , commission , percentage , brokerage fee , gift , or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty , City shall have the right to rescind this Agreement without liability. For the term of this Agreement , no member, officer , or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5 .14 Cooperation; Further Acts . The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary , appropriate or convenient to attain the purposes of this Agreement. 3.5 .15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute , deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power , right , and authority to make this Agreement and bind each respective Party. 3.5.16 Counterparts. This Agreement may be signed in counterparts , each of which shall constitute an orig inal. 3.5 .17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations , understandings , or agreements. This Agreement may only be modified by a writing signed by both parties. [SIGNATURES ON NEXT PAGE] 14 Revised 07-2023 BBK 72500.0000 1\32374943 .1 182 SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND WEST COAST ARBORISTS, INC. IN WITNESS WHEREOF , each of the Parties has caused this Agreement to be executed on the day and year f i rst above written . CITY OF PALM DESE T Attest: By: Approved as to form: Best Best & Krieger LLP City Attorney WEST COAST ARBORISTS , INC. , A CORPORA~ By: ~ By: Patrick Mahoney President Richard Mahoney Secretary 3 w~ 1 w4, c 21 ,t, \ , cit q I c (o , I o+~ Contractor's License Number and Classification , oooooo q5 lo DIR Registrat ion Number (if applicable) QC:MN Insurance : ~Rev iew ~pproval Bonds: \J\"' 183 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this cert ificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On __ J_u_ly_3_,_2_0_2_4 ___ before me , ___ A_m_e_l_ia_M_e_n_z_el_, _N_o_ta_ry_P_u_b_li_c _____ _ Date Here Insert Name and Title of the Officer personally appeared ______ P_a_tr_ic_k_M_a_h_o_n_e_..y_a_n_d_R_i_c_ha_r_d_M_a_h_o_n_e...._y ______ _ Name(s) of Signer(s) 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. 1············1 a AMELIA MENZEL : Notary Pub lic • Callfomla I I Orange County Commission II 2«62..0 -~ u u :y ;;,or;.m·;:P);.es:a-J},1°2J. I Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h ----------------OPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___ j?,_1-____,_,_ln,-'-'--~-=---,e'-V:_4--_ _,_~--':t.e_~ __ +-_________ _ Document Date: ___________________ Number of Pages: _____ _ Signer(s) Other Than Named Above : _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name : Patrick Mahoney liZl Corporate Officer -Title(s): President D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: ______________ _ Signer Is Representing : _W_C_A~, _ln_c_. ____ _ Signer's Name : Richard Mahoney liZl Corporate Officer -Title(s): ~S~e~cr~e=ta~ry~--- 0 Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: _____________ _ Signer Is Representing: ~W~C=A~l~nc=·------ • ©2016 Nat ional Notary Assoc iat ion · www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 184 A. GENERAL INFORMATION 1. INTRODUCTION Contract No. C47750 EXHIBIT "A" SCOPE OF SERVICES The work to be performed shall consist of providing complete arboricultural services for the City on City approved schedules, and at City hours . Proposer shall provide arborist services to the City on all property that it owns and /or maintains including but not limited to certain roadway medians and parkways , parks , and recreational facilities, landscapes adjacent to facilities , landscapes managed by the City but owned by other agencies such as the Palm Desert Housing Authority Agency , Desert Willow Golf Resort , the cities of Indian Wells, La Quinta , and Rancho Mirage and Riverside County. Al l work will be in compliance with all applicable local , state, and federal regulations for the prevention of water and air pollution . 2 . PROJECT PRECONSTRUCTION MEETING The successful Proposer shall attend a project pre-construction meeting with City staff. City supplied materials will be provided at this time. 3. TREE INVENTORY The Proposer shall become familiar with the landscape locations that will be inventoried. The City will provide maps of the locations and staff will be available to facilitate the Arboricultural Services contract. All attribute information collected is to be submitted to the City as a Database Table or Excel Spreadsheet , GIS format. Inventory is to be completed within 120 days from issuance of Notice to Proceed Field Evaluation Tree Inventory Attributes: a Tree Number: The unique number given to each individual tree . No other tree will have this number. b. GIS Coordinate : Coordinates for each tree collected by sub-meter GPS receiver in California State Plane Coordinate System Zone 6, NAO 83 , (Feet) Coordinates. c. Nomenclature : The botanical name, including genus and species , and the local common name will be listed for each specific tree . d DBH : The diameter of the tree measured 54 inches above the ground. e. Height: Overall height of tree. f. Canopy Spread : Width from drip -line to drip -line plus or minus 3 feet. g. Tree Condition: Overall condition of tree , damage , or safety concerns . h. Site Conditions : Will be described as follows: Exhibit "A" Rev ised 07-2023 BBK 72500.00001 \32374915 .1 185 Contract No. C47750 Overhead wires: Any tree located under overhead utility wires. Hardscape: Any tree that is visibly damaging streets , curbs, sidewalks , or other adjacent hardscape. Sidewalk/Street proximity: Any tree located within 14 feet of a street , sidewalk, or building. Sidewalk/Street clearance : Any tree that is presently in violation of the following clearance limits. Sidewalk: 8 feet Street: 14 feet Building : 1 foot (scaffold branches within 1 foot of any buildings) Staking: Any tree that has unnecessary stakes or is in need of staking. Comments: Any additional information needed to further explain one of the specific categories or any information relating to the tree or site not covered by the specific attributes. a. Conduct an annual GPS inventory update to include maps , charts and reports that analyze value. In the first year , however, inventory will be conducted semi-annually. b. Provide to the City online and mobile access to Electronic Tree Inventory and Maintenance software . c. The contractor shall update the tree inventory during or immediately after the pruning process is complete , noting any deficiencies. Report a Attribute Information: All attribute information collected is to be submitted as a Database Table or Excel Spreadsheet. b. Database : Data collected to be provided to the City in either ESRI Shapefile or Geodatabase format. c. The information should be organized to incorporate the different areas in the City: Landscape Services-Trees that are located on street right of ways or median islands should be identified by street and by their Landscape Maintenance Area number. Parks-Trees located in parks will be identified by LMA and each park location. Housing Authority-Trees will be identified by property location . Desert Willow Golf Resort-Trees should be identified by the course , parking lot, Clubhouse , etc ... Miscellaneous Areas-Miscellaneous areas shall be identified by location and LMA. ex. Haystack retention and natural area d Time Frame: Inventory to be completed fiscal year 2024/2025 and updated annually. 4. TREE AND PALM PRUNING Exhibit "A" Revised 07-2023 BBK 72500.00001\32374915 .1 186 Contract No. C47750 The Proposer shall establish a schedule , with the approval of the Director of Public Works or his/her designee. The schedule will take into account previous schedules/frequencies depending on the tree species and t ime of year . The Director of Public Works or his/her designee and the Proposer will prioritize the prun ing schedule based on informat ion provided in the City 's current tree inventory. It shall be the Proposer's respons ib il ity to update the inventory that they have prepared as they maintain the trees and the palms . Palms are pruned annually in spring /summer. Once the pruning schedule is started , pruning crews are to remain working within the City until all trees are completed . The selected proposer shall not move the crew to another location outside the C ity prior to completion . The selected proposer will provide arboricultural services including but not limited to the following: a. Street and sidewalk clearance. b. Removal of dead or hazardous branches of trees or palms. c. Annual pruning of hardwood trees and palm trees. d. Inspection of trees for health, cond ition and for tree hazards including lifted sidewalks and curbs , utility conflicts , and intrusion into roadways or pathways. e . Extra : Removing downed trees from public rights-of-way, City parks , medians , Housing Authority , and Desert Willow Golf Resort. Additional work may include planting trees , staking , pest control , or pruning hedge rows . This proposal shall require prevailing wage payments and shall be the responsibility of the successful Proposer to manage . Digital access to the C ity 's current Tree Inventory is ava ilable if requested . • The approximate number of trees is 7,155. • The approximate number of palm trees is 4 ,850 . General services requirements outlined above describe the minimum work to be accomplished . Upon final selection of the Proposer, the scope of services may be modified and refined during negotiations with the City. The City at its discretion, at any time may add or remove any Services and /or add or remove Service locations during the course of the Contract , according to the Serv ices needed and activity of each of the Properties. If proposer is unable to accommodate additional locations and Services , the City reserves the right to contract with another contractor to provide the additional Services at additional Properties or existing Properties. Pruning Standards a . All work shall conform to the current Internationa l Society of Arboriculture (ISA) Pruning Standards , the RFP , Agreement , and these specificat ions. Proposer shall comply with Standards of CAL OSHA and the American National Standard Institute , (ANSI} -A300 gu idelines section 5.3 pruning cuts and with the current edition of the City maintenance guidelines. The Director of Public Works or his/her designee , shall have complete and sole discretion in determ ining conformance and acceptability of trees pruned by the Proposer . Pruned trees rejected by the Directo r of Public Works or his/her designee , shall be excluded from payment unless they are re-pruned and approved by Director of Public Works or his/her designee. b. Limbs for traffic clearance shall be pruned or removed to a height not less than fourteen (14) feet from road surface and sidewalk side of the tree where practical , Exhib it "A" Revised 07-2023 BBK 72500 .00001 132374915 .1 187 Contract No. C47750 taking into consideration the balanced appearance of the tree. Small limbs , suckers and water sprouts shall be cut outside the branch collar from which they arise . Prune to clear all adjacent structures by a minimum of five feet (5'). Prune branches to lateral limbs to lighten end weight. c. Work shall be performed by employees trained in tree pruning and shall be supervised by an ISA Certified Arborist. An ISA certified Tree Worker is required to be on-site with the contractor 's pruning crew(s) at all times . d. Proposer shall exercise precautions as necessary when working adjacent to aerial utilities. In the event that aerial utility wires present a hazard to the Contractor's personnel or others near the work site , work is to immediately cease and the appropriate utility company notified. e. No hooks, gaffs, spurs or spikes are to be used on any hardwood tree. Any vine or plant growing on the trees shall be removed at ground level, except vines purposefully planted. f. Each pruning cut should be made just beyond the branch collar or shoulder . Pruning and cutting tools shall be kept sharpened to a condition that will permit leaving an unabraised cambium edge on final cuts . Such tools shall also be kept clean and free from infectious materials. g. Brush and debris shall be removed daily, sidewalks swept, parkways raked, gutters cleaned and waste material properly disposed . Contractor shall remove at its own expense all rubbish and waste materials resulting from its operations, including any material that may fall in swimming pools , lagoons , or other water features. If on private property, Contractor must obtain permission from the property owner prior to removing debris. All debris must be removed before the end of the day unless otherwise directed by Authority or Authority 's agent. h. Palm trees; all dead fronds including stubs and seed pods, shall be removed and palms shall be pruned per the City 's Plant Maintenance Guide. Care shall be taken so that no live fronds are partially cut and left hanging . Only healthy fronds shall remain at crown of said tree, except for those palms where skirts or beards are to remain . Should any fruit appear within 60 days after the palm tree was pruned , the contractor shall remove the fruit and any hanging fronds at no additional cost. i. Structural weaknesses of trees/palms, decayed trunk, branches, or evidence of diseases/pests shall be reported on daily worksheets and submitted to the Director of Public Works or his /her designee, of this contract. j . When pruning limbs or fronds that are diseased, or infected with fire blight or fungus, all pruning tools shall be cleaned after each cut with alcohol or bleach. k. Topping trees shall not be allowed. I. Proposer shall provide daily log sheets of work completed to the Director of Public Works or his/her designee. m. Proposer is hereby required to render and provide tree pruning maintenance services including , but not limited to pruning, staking , and training of trees ; root pruning; tree and stump removal; work site debris removal and lawful disposal ; traffic control; tree planting , and other associated services required to maintain safe and attractive trees within all City facilities , medians , and parks. Exhibit "A" Rev ised 07-2023 BBK 72500 .00001\32374915.1 188 Contract No. C47750 n. The contractor is required to inspect for active bird nests inspections prior to the beginning of any t ree work . No work shall be done while there is an act ive bird nest. o. The contractor shall , during the term of th is contract , respond to all emergencies within two (2) hours of notification. p. The contractor shall inform Director of Public Works or his/her designee before removing any dead , diseased or dying tree/palm . q . Desert Willow and Residential Property Access and Noticing: The contractor acknowledges that the City provides forty-eight (48 ) hours-notice in advance of the start of any Work that is to occur at any residential unit. The contractor shall provide sufficient notice to the City before beginning any such Work so that the City may provide timely notice to residents. The contractor shall maintain pedestrian pa t hs of travel free of obstruct ions and hazardous condit ions , 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 the 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 City shall be given at least 48 hours- notice prior to the creation of any condit ion affecting pedestrian paths of travel. The City may issue an immediate order to the contractor to stop performing work until adequate notice may be provided to residents. Any stoppage , suspension , or delay in the Work resulting from the contractor 's failure to prov ide adequate notice to the City shall not be a basis for any adjustment to the contract price or the contract time. 5. TRAFFIC CONTROL The contractor shall furnish and install traffic control in accordance with the CAMUTCD Manual and the WATCH manual , and the encroachment permit. Traffic control may include , but is not limited to furnishing , placing , maintaining and removing traffic cones , telescoping tree flags , advance warning signs , flagmen , barricades , temporary striping and other safety devices , as required for public safety or as directed by the City Engineer. Proposer shall provide and post no parking signs 48 hours in advance of the work , except when emergency work is necessary . 6. MAINTENANCE REPORT The Proposer shall ma intain and keep a log that records all on-going , seasonal , and additional work , and maintenance functions performed by Proposer 's personnel. The information will be kept in a format that has been approved by the City and shall be submitted to the City upon request. 7. PROTECTION OF EXISTING FACILITIES AND STRUCTURES Exhib it "A" Revised 07-2023 BBK 72500.0000 1\32374915 .1 189 Contract No. C47750 The contractor shall exercise due care during the performance of work in protecting from damage all existing facilities , structures , and utilities both above surface and underground on the City's property. Any damage to City property deemed to be caused by the contractor's neglect shall be corrected and paid for by the contractor at no cost to the City. 8. EMPLOYEES UNIFORMS Employees are required to wear a uniform ident ifying them as employees of the company. The uniform shall be maintained in a clean and neat order with no rips , tears or permanent stains present. Similarly , all vehicles shall be identified with the name of the company. The contractor shall make sure that each employee has the correct Personal Protective Equipment (PPE) appropriate for the job. 9 . COOPERATION WITH OTHERS/PUBLIC RELATIONS The contractor shall maintain good public relations at all times . The work shall be conducted in a manner which will cause the least possible interference to the public . The contractor shall maintain telephone availability during normal company business hours to receive and resolve all complaints from the City . The contractor shall make available a representative to investigate all complaints , make personal contact responses , and to effect resolution . 10. THE CITY 'S RIGHT TO DO WORK The City reserves the right to do work in the contract area. The City expects to have one or more separate Contractor/utility companies working in the same area at the same time . Contractor shall coordinate and cooperate with any and all separate Contractors at no additional cost to the City. Such coordination may include, but will not be limited to , participating in regularly scheduled or special meetings with the City , residents , and/or other Contractors ; sharing work and materials storage areas; schedul ing work to coincide with work of another Contractor and to minimize disruption to residents ; and similar tasks requested by the City. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and not additional compensation will be allowed therefor. 11 . INCLEMENT WEATHER After inclement weather , the contractor will provide inspection of the areas to assess any damage to trees or palms from the weather. 12. CLEANUP All litter and debris generated during the performance of the contract shall be removed from the project areas the same day it is generated and disposed of off-site in a proper manner and at the contractor's expense. All laws and ordinances applicable to and governing such disposal shall be fully complied with. 13. SOUND CONTROL Exhibit "A" Revised 07-2023 BBK 72500.0000 1\32374915 .1 190 Contract No. C47750 The operator shall comply with all local sound control and noise level rules, regulations, and ordinances . 14. PARKING OF THE CONTRACTOR 'S VEHICLES No overnight parking of vehicles will be permitted on City streets. Parking on City property shall be with written authorization only . 15. COMPLETION OF WORK All work shall be completed per the schedule provided by the contractor and approved by the City. 16. ACCESS TO PRIVATE PROPERTY Prior to any work that will restrict access to private property, the contractor shall notify each affected property owner or responsible person, informing him him/her of the nature of and the approximate duration of the restriction . 17. LEGAL RELATIONS AND RESPONSIBILITY The Contractor work shall conform to the requirements in the Agreement. 18 . DESERT WILLOW GOLF RESORT Access to the golf course is limited. Work is to be done by climbing. Brush to be removed immediately . Pruning and/or removal may only be done by small vehicles and trailer. Boom trucks , loaders, and heavy equipment will not be permitted on the golf course. 19. OPTIONAL SERVICES Upon request from the City, the Contractor may provide tree maintenance services beyond the work identified above. Prior to performing any extra Work, the contractor shall prepare and submit a written proposal , including a description of the work, a list of materials , and a schedule for completion. No work shall commence without written approval of the Contractors proposal by the Director of Public Works or his or her designee . B. INFORMATION AVAILABLE FROM THE CITY The City will provide copies of all available record information on file at the City . Following are the items available : a Pertinent records maintained at the City b. Current Tree Invento ry c. Landscape staff is also available to answer questions Exhibit "A" Rev ised 07-2023 BBK 72500 .00001\32374915 .1 191 C. SCHEDULE EXHIBIT "B" SCHEDULE OF SERVICES Contract No. C47750 Work shall be completed per the approved schedule. Failure to notify the City of a change and/or failure to perform an item or work on a scheduled day may result in a penalty assessed against the Proposer. a. In addition, the Proposer , and his/her representative shall meet with the City's Director of Public Works or his/her designee on an as needed basis for the purpose of reviewing the completed work. b. The general hours of operations shall be City work hours, Monday through Friday, with the exception of the Housing Authority properties whose start time is 8:00 am. No work may be performed on City recognized holidays and weekends, except in the case of emergency or as approved by the Director of Public Works or his/her designee. c. The contractor is required to furnish schedules/reports for planned pruning work to all persons performing any portion of the contract. Schedules/reports must be approved prior to the start of work by the Director of Public Works or his/her designee. The City plans on continuing its current hardwood pruning cycle based on a three (3) to five (5) year cycle, depending on species and based on locat ion and growth. Some tree species are to be pruned annually (i.e . Prosopis , Acacia, Dalbergia, and Parkinsonia). All palms are to be pruned annually. Contractor is to update the tree and palm inventory accordingly. Palms Approximate Prune Date Phoenix dactylifera Mav 7 -June 15 Washinqtonia robusta and Washinqtonia robusta "Hvbrid ' Mav 15-July 15 Bismarckia nobilis Mav 15 -July 15 Washinqtonia filifera July 1 -July 30 Brahea armata Julv 1 -July 30 Svoarus romanzoffiana Julv 1 -July 30 Hardwood trees City and Housing Authority trees . Spring and/or Fall season. Summer not suggested due to stress pruning puts on trees. Exhibit "B'' Revised 07-2023 BBK 72500.00001\32374915 .1 192 Desert Willow Golf Resort Contract No. C47750 The majority of the annual hardwood prun ing to take place between August 1 and September 20. This is best for the overall Desert Wil low operation. The second pruning window would be December 1 through December 24. Scheduled work may be subject to chanqe. Although it is the contractor 's responsibility to schedule their crews , there are p riority areas in the City that must be pruned first. These areas are: El Paseo , The Grove , One Quail Place Apartments , and Las Serenas Apartments, subject to the direction of the City. Exhibit "B" Revised 07-2023 BBK 72500 .00001 \32374915 .1 193 Line Item 1 2 3 4 5 6 7 8 9 10 11 12 Rev ised 07-2023 EXHIBIT "C " COMPENSATION PA LM/ TREE W ORK Description Annual Hardwood Tree Pruning -City Parks Annual Hardwood Tr ee Pru ning -Medians Annual Hardwood Tree Prun i ng -Facilit ies Annual Hardwood Tr ee Pr u ning -Desert Willow Go lf Resort Annual Hardwood Tr ee Prun i ng -Ho using Authority Prope rt ies Annual Washingtonia Palm Pru n ing -City Parks Annual Washingtonia Palm Prun i ng -Med ians Annual Washington i a Palm Prun i ng -Facilities Annual Washingtonia Palm Prun i ng -Desert Willow Golf Res ort Ann ual W ashingtonia Palm Pr uning -Housing Authority Propert ies Annual Phoen ix Palm Pruning -City Parks Annual Phoen ix Pa l m Pruning -Med ians Exhib it "C" BBK 72500 .00001 \32374915 .1 Contract No. C47750 Unit of Measure Unit Cost Each $1 2 9.00 Each $140.00 Each $1 19 .00 Each $1 59 .00 Each $159 .00 Each $65 .00 Each $79 .00 Each $65 .00 Each $65.00 Each $79 .00 Each $89 .00 Each $89 .00 194 Contract No. C47750 Uneltem Description Unit of Measure Unit Cost 13 Annual Phoen ix Palm Pruning -Facilities Each $89.00 14 Annual Phoen ix Palm Pruning -Desert Willow Golf Each $89.00 Resort 15 Annual Phoen ix Pa l m Pruning -Housing Authority Each $89.00 Properties 16 Annual Other Pa lm Pruning -City Parks Each $65.00 17 Annual Other Palm Pruning -Medians Each $79.00 18 Annual Other Palm Pruning -Facilities Each $65.00 19 Annual Other Palm Pr u ning -Desert Willow Golf Resort Each $65.00 20 Annua l Other Palm Pruning -Housing Authority Each $79.00 Properties ADDITIONAL SER V IC ES Uneltem Description Unit of Measure Unit Cost 21 Plant 24 " Box Tree Each $450.00 22 Plant 36 " Box Tree Each $1 ,200.00 23 Crew Rates -Regu l ar Hours Hourly Rate $100.00 24 Crew Rates -After Hours Hourly Rate $135 .00 25 Service Request Pruning O" to 12 " DBH Each $95.00 26 Service Request Prun ing 13" to 18" DBH Each $175.00 27 Serv ice Request Pruning 19 " to 24 " DBH Each $2 50.00 28 Service Request Pruning 25 " to 31 " DBH Each $3 2 5.00 29 Service Request Pruning over 31 " DBH Each $40 0.00 30 Palm Skinning Per linear Foot $19.00 Exhib it "C" Rev ised 07-2023 BBK 72500 .0000 1\32374915 .1 195 Contract No. C47750 TREE/ PALM INVENTORY COST PER UNIT Une Item Description Unit of Measure Unit Cost 39 Housin g Authority Each $5.00 40 Dese rt W il low Each $5.00 41 City Parks , Med ia ns, and Facil it ies Each $5.00 Ex hib it "C" Rev ised 07-2023 BBK 72500 .00001 \32374915 .1 196 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 10, 2025 PREPARED BY: Erica Powell, Management Analyst SUBJECT: REJECT ALL PROPOSALS SUBMITTED FOR PUBLIC ART AND EL PASEO SCULPTURE MAINTENANCE SERVICES AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE AN INTERIM SCULPTURE MAINTENANCE AGREEMENT RECOMMENDATION: 1. Reject all proposals submitted for Public Art and El Paseo Sculpture Maintenance Services. 2. Authorize staff to solicit new proposals for these services. 3. Authorize staff to negotiate and the City Manager to execute a six-month contract with Rice Construction from July 1, 2025, through November 30, 2025, to ensure continuity of service during the re-bidding process. BACKGROUND/ANALYSIS: The City of Palm Desert currently contracts with Same Day Express, a sole proprietor, for the maintenance of the City’s Public Art Collection and El Paseo Sculpture Exhibition at an annual cost of $55,200. The agreement expires on June 30, 2025. On January 30, 2025, the City issued a Request for Proposals (RFP) for Public Art and El Paseo Sculpture Maintenance Services through its online bid management provider, OpenGov. The deadline for submissions was February 27, 2025, and four proposals were received: PROPOSER ANNUAL COST Crozier Fine Arts $1,339,063.44 A+ Window & Gutter Cleaning, LLC $450,000.00 Signature Sculpture dba Same Day Express $66,240.00 Rice Construction Incomplete Proposal Following a comprehensive review of the proposals, staff identified the following concerns: Two proposals substantially exceeded the City's current contract amount, making them financially unfeasible. The proposal from the current provider, Same Day Express, raised concerns due to emerging and ongoing performance issues under the current contract. Rice Construction submitted an incomplete proposal but has previously demonstrated its ability to perform the required scope of work. Given these findings, staff recommends rejecting all proposals and re-opening the bidding process to secure a qualified contractor. To maintain continuity of service, staff requests 197 City of Palm Desert (Reject All Proposals Submitted for Public Art and El Paseo Sculpture Maintenance Services ) Page 2 of 2 authorization to negotiate a six-month contract with Rice Construction from July 1, 2025, through November 30, 2025, while a new competitive bidding process is conducted for a three -year contract. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: The budget for these services will be included in the FY 2025-26 Annual Budget request. There is no additional fiscal impact on the General Fund with this action. 198 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 10, 2025 PREPARED BY: Randy Chavez, Director of Public Works SUBJECT: AWARD CONTRACT TO TRI-STAR CONTRACTING II, INC. OF DESERT HOT SPRINGS, CALIFORNIA, FOR ON-CALL MAINTENANCE AND REPAIRS FOR PUBLIC STREETS AND SPACES (PROJECT NO. SST00001) RECOMMENDATION: 1. Award a Maintenance Services Agreement with Tri-Star Contracting II, Inc., of Desert Hot Springs, California, in the amount not to exceed $150,000 for FY 2024-25, and $500,000 annually thereafter for a 38-month term with the option of (2) additional one-year extensions. 2. Authorize the City Attorney to make necessary non -monetary changes to the agreement. 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. BACKGROUND/ANALYSIS: Recent extreme weather has caused significant damage to c ity-maintained facilities, streets, and infrastructure. While City maintenance staff respond promptly, some cleanup efforts require specialized equipment and resources that the City does not currently have. In such cases, acquiring these resources can be challenging, particularly during emergencies when demand is high, and multiple agencies compete for vendor support. To ensure a swift and efficient response to emergencies, securing a formal agreement with a vendor for on-call maintenance and repair services is essential. This would allow for the prompt addressing of urgent needs such as road maintenance, storm drain system repairs, and debris removal. Vendors are more likely to prioritize agencies with established agreements, enabling the City to mitigate damage, restore services, and enhance public safety more effectively. Several agencies, including the City of Rancho Mirage, the City of Desert Hot Springs, Mission Springs Water District, and Coachella Valley Water District, have proactively implemented similar contracts. In addition, staff aim to proactively address issues stemming from normal wear and tear while enhancing preventative maintenance efforts to minimize disruptions to city services. By supplementing routine maintenance with timely interventions, the City can extend the lifespan of critical infrastructure, reduce long-term repair costs, and ensure uninterrupted service delivery to the community. Key tasks this contract aims to address include: Addressing excess sand buildup following wind events Maintenance and repair of storm channels and basins 199 City of Palm Desert Award Contract for On-Call Repairs for Public Streets and Spaces Page 2 of 3 Repair of large sinkholes and potholes that develop because of weather conditions or normal wear and tear On February 13, 2025, a request for proposals (RFP) for the On -Call Maintenance and Repairs for Public Streets and Spaces Project was advertised through the City’s bid management portal OpenGov (Project ID: 2025-RFP-159). A mandatory pre-proposal meeting was held on February 19, 2025, with four vendors in attendance. On March 11, 2025, staff received two proposals electronically and both were evaluated based on the following criteria: Clarity and adherence to proposal requirements Proposer’s experience and performance Content of the proposal, including the work plan Team members’ experience and performance Comments by references Fee Proposal The selection committee ranked the proposals numerically as follows: CONTRACTOR LOCATION RANKING Tri-Star Contracting II, Inc. Desert Hot Springs, CA 1 Sky Construction Services Bermuda Dunes, CA 2 Staff determined that Tri-Star Contracting II, Inc., who performed emergency repairs at various areas throughout the City after Hilary Storm, submitted a more complete proposal with competitive pricing. Based on this review, staff recommend awarding the three-year contract to Tri-Star Contracting II, Inc. Legal Review: This report has been reviewed by the City Attorney’s Office FINANCIAL IMPACT: The Fiscal Year 2024-25 Annual Budget includes $150,000 in Capital Project Account No. 4004370-5000903 for the Mid-Valley Channel Improvements Project, which will be completed through this contract. As a result, there is no additional financial impact on the general fund beyond the contract amount. Staff will budget and utilize available funds from various accounts as needed for on-call maintenance and repair services for the Mid-Valley Channel, public streets, and other City-maintained public spaces. The table below outlines recent repairs and their associated costs, which were used to determine the subsequent Fiscal Years’ annual contract amount of $500,000: Location Work Performed Cost Cook Street Culvert cleaning following Hilary Storm $140,000.00 Gerald Ford Sinkhole repair $151,673.70 Haystack Channel Repairs following rain event $278,178.70 Freedom Park Field cleanup following Hilary Storm $818,705.47 200 City of Palm Desert Award Contract for On-Call Repairs for Public Streets and Spaces Page 3 of 3 Funding for this agreement in future fiscal years is contingent upon City Council approval of the budget requests. request. By establishing a $500,000 annual maximum, any amount approved by City Council, equal to or less than this amount, would not require a contract amendment in addition to the approved budget application. ATTACHMENTS: 1. Maintenance Services Agreement 2. Payment and Performance Bonds 3. Contractor Proposal 201 202 Contract No. ___________ 1 Revised 01-2024 BBK 72500.00001\32374943.1 CITY OF PALM DESERT MAINTENANCE SERVICES AGREEMENT 1. Parties and Date. This Agreement is made and entered into this 10th day of April, 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 Tri-Star Contracting II, Inc., a Corporation, with its principal place of business at 15501 Little Morongo Road, Desert Hot Springs, California 92240 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Recitals. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing maintenance services to public clients, that it and its subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 2.2 Project. The City is a public agency of the State of California and is in need of services for the following project: On-Call Repairs for Public Streets and Spaces Project Project No. SST00001 (hereinafter referred to as “the Project”). 3. Terms. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state, and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from May 1, 2025, to June 30, 2028, 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 additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the 203 Contract No. ___________ 2 Revised 01-2024 BBK 72500.00001\32374943.1 means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Any personnel performing the Services under this Agreement on behalf of Contractor shall not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City’s Representative. The City hereby designates Randy Chavez, Director of Public Works, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement except for increasing compensation. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.2.5 Contractor’s Representative. Contractor hereby designates Jordan Willis- Rodriguez, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees, and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be 204 Contract No. ___________ 3 Revised 01-2024 BBK 72500.00001\32374943.1 uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Period of Performance . Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. 3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub- subconsultants to comply with the same. Contractor certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall comply with all relevant provisions of City’s Minority Business 205 Contract No. ___________ 4 Revised 01-2024 BBK 72500.00001\32374943.1 Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.5 Water Quality Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor to penalties, fines, or additional regulatory requirements. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Contractor’s indemnification of City, and prior to commencement of the Services, Contractor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial 206 Contract No. ___________ 5 Revised 01-2024 BBK 72500.00001\32374943.1 general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (a) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (b) Pay on behalf of wording as opposed to reimbursement; (c) Concurrency of effective dates with primary policies; and (d) Policies shall “follow form” to the underlying primary policies. (e) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (D) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives. (E) Fidelity Coverage. Reserved. (F) Cyber Liability Insurance. Reserved. (G) Pollution Liability Insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations”. The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites. 3.2.11.2 Other Provisions and Requirements. (A) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performanc e. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, employees, or subconsultants. 207 Contract No. ___________ 6 Revised 01-2024 BBK 72500.00001\32374943.1 (C) Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (G) Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City t o inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage f or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to 208 Contract No. ___________ 7 Revised 01-2024 BBK 72500.00001\32374943.1 provide that the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Contractor agrees to ensure that its sub- consultants, sub-contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or 209 Contract No. ___________ 8 Revised 01-2024 BBK 72500.00001\32374943.1 injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 Bonds. 3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.2.15 Work Sites. 210 Contract No. ___________ 9 Revised 01-2024 BBK 72500.00001\32374943.1 3.2.15.1 Inspection of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services. 3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies, or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition. 3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substances and hazardous materials as defined in California state or federal law at the site which have not been rendered harmless, the Contractor shall immediately stop work at the affected area and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes, and hazardous materials, and shall not require the Contractor to subcontract for such services. The Services in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor. 3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City. 3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been 211 Contract No. ___________ 10 Revised 01-2024 BBK 72500.00001\32374943.1 transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred and Fifty Thousand Dollars ($150,000) in Fiscal Year 2024/25 and Five Hundred Thousand Dollars ($500,000) per fiscal year thereafter without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices which provides a detailed description of the Services and hours rendered by Contractor. City shall, within thirty (30) days of receiving such statement, review the statement and pay all non-disputed and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Contractor. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.2.1 Retainer. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Agreement retainage shall be released and paid to the Contractor and subcontractors pursuant to California Public Contract Code Section 7107. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the work governed by this Agreement prior to final payment by City. 3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums. 3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative. 212 Contract No. ___________ 11 Revised 01-2024 BBK 72500.00001\32374943.1 3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify, and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify, and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished information of any kind prepared by 213 Contract No. ___________ 12 Revised 01-2024 BBK 72500.00001\32374943.1 Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 General Provisions. 3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Contractor: Tri-Star Contracting II, Inc. 15501 Little Morongo Road Desert Hot Springs, CA 92240 ATTN: Jordan Willis-Rodriguez, CFO City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 ATTN: Randy Chavez, Director of 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. 3.5.2 Indemnification. 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the City. 3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense, and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives . In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives as part of any such claim, suit, action, or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and 214 Contract No. ___________ 13 Revised 01-2024 BBK 72500.00001\32374943.1 representatives as part of any such claim, suit, action, or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives. 3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to the City include its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, 215 Contract No. ___________ 14 Revised 01-2024 BBK 72500.00001\32374943.1 privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.18 Federal Provisions. Reserved. [SIGNATURES ON NEXT PAGE] 216 Contract No. ___________ Revised 01-2024 BBK 72500.00001\32374915.1 SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND TRI-STAR CONTRACTING II, 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: Chris Escobedo Interim City Manager Attest: By: Anthony J. Mejia City Clerk Approved as to form: By: Isra Shah Best Best & Krieger LLP City Attorney TRI-STAR CONTRACTING II, INC., A CORPORATION By: Bryan Willis President By: Daniel Willis Secretary Contractor’s License Number and Classification DIR Registration Number (if applicable) City Clerk QC: _____ Contracts QC: _____ Insurance: _____ Initial Review _____ Final Approval _____ Bonds 217 Contract No. ___________ Exhibit “A” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT “A” SCOPE OF SERVICES 1. General Overview This scope of work outlines the provision of services for debris removal, rain event repairs, general street and infrastructure repairs, and specific road repairs (including potholes, sinkholes, and miscellaneous damage) on an as-needed basis. These services aim to address damage or issues caused by natural events such as storms, heavy rains, wind events, or normal wear and tear. The objective is to restore stormwater systems, streets, and other City-owned spaces to a safe and functional condition in a timely manner. 2. As-Needed Debris Removal 2.1. Objective: To remove debris resulting from rain events, storms, wind events, or other weather- related incidents from stormwater systems, streets, and other City-owned spaces to ensure safety and accessibility for motorists and pedestrians. 2.2. Scope of Work: Types of Debris: o Fallen trees, branches, limbs, and sand. o Leaves, plant materials, and vegetation debris. o Trash and other waste materials accumulated due to wind or rain. Specific Areas of Focus: o Drainage systems, retention basins, channels, and stormwater culverts. o Streets, parkways, and major arterials. o Public amenities such as parking areas, sidewalks, and other infrastructure facilities affected by wind or sand. Equipment & Tools: o Chainsaws, hand tools, leaf blowers, skid steers, and other specialized machinery. o Trucks and trailers for debris transportation and disposal. o Street sweeper and Vactor truck. o Asphalt repair and paving equipment. o Traffic control equipment (e.g., cones, barricades, etc.). o Equipment for sand removal (e.g., skid steers, front loaders, sweepers). Safety Measures: o Site safety and hazard identification (e.g., downed power lines, hazardous trees). o Erecting barriers, cones, and signage for safety. 2.3. Response Time: Immediate response within 24 hours for high-priority events (major storms or flooding). Routine debris removal and maintenance within five (5) business days, depending on severity. 3. Wind Event Repairs and Sand Removal 3.1. Objective: To address and repair any damage caused by wind events and remove sand deposits that may accumulate in public spaces, streets, or stormwater infrastructure, ensuring public safety and accessibility. 3.2. Scope of Work: Wind Event Damage: o Remove fallen trees, limbs, and debris from streets and public spaces. o Clear streets, storm drains, and public amenities from wind-blown trash and other debris. 218 Contract No. ___________ Exhibit “A” Revised 01-2024 BBK 72500.00001\32374915.1 Sand Removal: o Remove accumulated sand from public streets, parking areas, and sidewalks affected by wind events. o Ensure that storm drains, culverts, and other critical infrastructure are free from sand and debris blockages. Equipment & Materials: o Skid steers, front loaders, sweepers, and other equipment for sand removal. o Traffic control devices to secure areas where sand removal is occurring. 3.3. Response Time: Critical repairs, such as clearing sand blockages in storm drains or streets, to be completed within 24 hours. Non-critical repairs or sand removal to be completed within five (5) business days, depending on the extent of the damage. 4. Rain Event Repairs 4.1. Objective: To address and repair any damage caused by rain events, including erosion, flooding, and infrastructure issues that may affect usability and safety. 4.2. Scope of Work: Erosion Control: o Repair and reinforce areas with significant erosion (e.g., road washouts, hillside and channel erosion). o Install silt fences, temporary barriers, or erosion mats where necessary. Flooding & Drainage Issues: o Clear blocked storm drains, culverts, and ditches to prevent further flooding. o Re-grade and replant areas affected by excessive water flow. Surface Repairs: o Repair potholes or ruts in roads, parking lots, and pathways. o Minor repairs to damaged signage due to storm impacts. Equipment & Materials: o Soil, gravel, mulch, asphalt, and other materials for repairing eroded areas. o Small construction tools, compactors, and water pumps. 4.3. Response Time: Critical repairs, such as clearing drainage or fixing hazardous areas, to be completed within 24 hours. Non-critical repairs to be completed within five (5) business days, depending on the extent of the damage. 5. Road Repairs (Potholes, Sinkholes, and Miscellaneous Repairs) 5.1. Project Overview: This project involves the repair and restoration of roads affected by potholes, sinkholes, and other miscellaneous damage. The goal is to ensure the road is safe and functional for all users. 5.2. Objectives: Safely repair damaged areas to restore road integrity. Minimize risks to vehicles and pedestrians. Enhance the overall road surface to ensure long-term durability. 5.3. Location Where Work Is to Be Performed: Citywide roads and arterials City-owned or maintained parking lots Palm Desert Housing Authority Properties 5.4. Types of Repairs Needed: Pothole Repairs: o Clean and prepare potholes for filling. o Apply appropriate patching material (e.g., cold mix, hot mix asphalt). 219 Contract No. ___________ Exhibit “A” Revised 01-2024 BBK 72500.00001\32374915.1 Sinkhole Repairs: o Excavate the sinkhole area and stabilize the surrounding ground. o Fill with appropriate materials (e.g., concrete, gravel) and compact. o Ensure proper drainage to prevent future occurrences. Miscellaneous Repairs: o Address other issues like cracks, surface deterioration, and drainage blockages. o Fill small cracks with sealant and address any subsurface drainage issues. 5.5. Timeline: Work to commence within five (5) working days of approval, unless otherwise agreed upon by City staff. Additional time may be allocated for materials procurement, site preparation, execution, and final inspection. 5.6. Resources and Equipment: Equipment may include excavators, patch trucks, asphalt spreaders, compactors, and trucks for material transportation. Special materials could include asphalt, concrete, gravel, or geotextile fabric for stabilization. 5.7. Environmental and Safety Considerations: Environmental Impact: Ensure proper disposal of old materials and minimize dust or noise pollution during work. Safety Protocols: Road work zones should have clear signage, traffic cones, and barriers to protect workers and motorists. Use flaggers or lane closures where necessary. 5.8. Quality Control and Inspections: Perform periodic inspections during the repair process to ensure the quality of materials and adherence to safety standards. Conduct a final inspection after repairs to confirm all work is complete and meets specifications. 5.9. Traffic Management Plan: Plan for temporary road closures, detours, or traffic diversions to minimize disruptions. Clearly mark work zones with signs and provide updates to the public as needed. Ensure smooth traffic flow while repairs are underway, with minimal impact on surrounding areas. 5.10. Final Deliverables: Repaired road sections with smooth, safe surfaces. Completed documentation of repairs, including before-and-after photos and inspection reports. Any necessary follow-up recommendations for maintenance or additional monitoring. 6. Reporting and Documentation Daily Logs: Contractors will provide daily reports detailing the work completed, materials used, and areas addressed. Photographic Evidence: Photos of pre- and post-repair conditions, if applicable, should be submitted. Completion Certification: A summary of completed tasks will be required for final billing and to ensure that work is done to satisfaction. 7. General Terms & Conditions Coordination with City Staff: The contractor shall work closely with City Staff or relevant authorities to prioritize tasks and ensure minimal disruption to public spaces. Insurance and Liability: The contractor will maintain the necessary insurance coverage for any risks associated with the work. Performance Metrics: All work must be completed according to agreed standards and within the established timelines. 220 Contract No. ___________ Exhibit “C” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT “C” COMPENSATION The total compensation shall not exceed One Hundred and Fifty Thousand Dollars ($150,000) for the first fiscal year and Five Hundred Thousand Dollars ($500,000) per fiscal year hereafter without written approval of the City Council or City Manager, as applicable. 221 Contract No. ___________ Exhibit “C” Revised 01-2024 BBK 72500.00001\32374915.1 Tri-Star Contracting Change Order Worksheet Material QTY Unit Price Amount WO# Date 3/11/2025 $ - $ - $ - $ - Description of work or change $ - $ - $ - $ - $ - $ - Subtotal $ - Cost Markup Total 15% Total Material Costs $ - $ - $ - Prevailing Wage Labor Rate Hour Rate Total Operator 3 (Bobcat) $ 93.80 $ - Operator 3 OT $ 123.540 $ - Operator 3 OT2 $ 153.27 $ - Operator 6 (Roller, Skiploader) $ 95.51 $ - Operator 6 OT $ 126.10 $ - Operator 6 OT2 $ 156.69 $ - Grp 8 (backhoe, AC Paver, Grd Check) $ 95.62 $ - Operator 8 OT $ 126.270 $ - Operator 8 OT2 $ 156.91 $ - Grp 12 (Excavator, Loader, Scraper) $ 95.91 $ - Operator 12 OT $ 126.70 $ - Operator 12 OT2 $ 157.49 $ - Labor 1 Shovel (July 2025 Rate) $ 75.09 $ - Labor 1 OT $ 98.730 $ - Labor 1 2OT $ 112.37 $ - Labor 2 Finish Grade (July 2025 Rate) $ 75.64 $ - Labor 2 OT $ 94.455 $ - Labor 2 2OT $ 123.47 $ - Labor 3 Wacker (July 2025 Rate) $ 76.19 $ - Labor 3 OT $ 100.380 $ - Labor 3 2OT $ 124.57 $ - Labor 4 Paving/Pipelayer (July 2025 Rate) $ 77.74 $ - Labor 4 OT $ 102.710 $ - Labor 4 2OT $ 127.67 $ - Cement Labor $ 73.52 $ - Cement Labor OT $ 96.27 $ - Cement Labor 2OT $ 119.02 $ - Driver 3 (Dump Truck & 2 Axel W/T) $ 75.46 $ - Driver 3 OT $ 95.395 $ - Driver 3 OT2 $ 115.33 $ - Driver 5 (3 Axel Water Truck) $ 75.68 $ - Driver 5 OT $ 95.725 $ - Driver 5 OT2 $ 115.77 $ - Driver 6 (End Dump & Low Boy) $ 75.71 $ - Driver 6 OT $ 95.77 $ - Driver 6 OT2 $ 115.83 $ - Apprentice per DIR Requirements $ 56.12 $ - $ - $ - Taxes & Liabilities 19.19% $ - $ - $ - Cost Markup Total $ - $ - 15% Total Labor Costs $ - $ - $ - 222 Contract No. ___________ Exhibit “C” Revised 01-2024 BBK 72500.00001\32374915.1 Equipment Rental Rate Hours Rate Total Bobcat/Kabota $ 89.50 $ - Asphalt Zipper $ 120.00 $ - 623D Scraper $ 195.00 $ - 210 Skiploader $ 105.00 $ - 430 Backhoe $ 105.00 $ - JD85G Midi-Excavator $ 128.00 $ - 966G Loader $ 175.00 $ - 140G Blade $ 135.00 $ - Water Truck $ 65.00 $ - 950G Loader $ 142.00 $ - 321 Excavator $ 195.00 $ - 470 Hitachi Excavator $ 287.50 $ - Asphalt Paver $ 105.00 $ - Roller $ 95.00 $ - Dump Truck $ 65.00 $ - End Dump $ 85.00 $ - 40 Ton Haul Truck $ 210.00 $ - Crew Truck Per Day $ 300.00 $ - Lowboy w/driver equipment move $ 125.00 $ - Non Production foreman $ 94.00 $ - Cost Markup Total Non Production Office $ 84.00 $ - 15% Total Equipment Cost $ - $ - $ - Subcontracts Amount Cost Markup Tot al 15% $ - $ - $ - $ - $ - Total Subcontracts Costs $ - $ - $ - Sub Total Change Order $ - Bonding Markup 2.5% $ - Total Change Order $ - Labor rates to be adjusted per DIR requirement 223 Exhibit “C” Revised 01-2024 BBK 72500.00001\32374915.1 Material QTY Unit Price Amount WO# 1 Dump fees 1 $ 500.00 $ 500.00 Date 3/11/2025 Traffic Control 1 $ 350.00 $ 350.00 Description of work or change $ - $ - $ - $ - Emergency call with small equipment (skip $ - $ - Loader) cleanup Subtotal $ 850.00 Cost Markup 15% Total Total Material Costs $ 850.00 $ 127.50 $ 977.50 Prevailing Wage Labor Rate Hour Rate Total Operator 3 (Bobcat) $ 93.80 $ - Operator 6 (Roller, Skiploader) 8 $ 95.51 $ 764.08 Grp 8 (backhoe, AC Paver, Grd Check) $ 95.62 $ - Grp 12 (Excavator, Loader, Scraper) $ 95.91 $ - Labor 1 Shovel (July 2025 Rate) 8 $ 75.09 $ 600.72 Labor 2 Finish Grade (July 2025 Rate) $ 75.64 $ - Labor 3 Wacker (July 2025 Rate) $ 76.19 $ - Labor 4 Paving/Pipelayer (July 2025 Rate) $ 77.74 $ - Cement Labor $ 73.52 $ - Driver 3 (Dump Truck & 2 Axel W/T) 8 $ 75.46 $ 603.68 Driver 5 (3 Axel Water Truck) $ 75.68 $ - Driver 6 (End Dump & Low Boy) $ 75.71 $ - Apprentice per DIR Requirements $ 56.12 $ - $ - $ - Taxes & Liabilities 19.19% $ 377.75 $ - $ - Cost Markup Total Total Labor Costs $ 2,346.23 $ 351.94 15% $ 2,346.23 $ 351.94 $ 2,698.17 Equipment Rental Rate Hours Rate Total Bobcat/Kabota $ 89.50 $ - Asphalt Zipper $ 120.00 $ - 623D Scraper $ 195.00 $ - 210 Skiploader 8 $ 105.00 $ 840.00 430 Backhoe $ 105.00 $ - JD85G Midi-Excavator $ 128.00 $ - 966G Loader $ 175.00 $ - 140G Blade $ 135.00 $ - Water Truck $ 65.00 $ - 950G Loader $ 142.00 $ - 321 Excavator $ 195.00 $ - 470 Hitachi Excavator $ 287.50 $ - Asphalt Paver $ 105.00 $ - Roller $ 95.00 $ - Dump Truck 8 $ 65.00 $ 520.00 End Dump $ 85.00 $ - 40 Ton Haul Truck $ 210.00 $ - Crew Truck Per Day 1 $ 300.00 $ 300.00 Lowboy w/driver equipment move $ 125.00 $ - Non Production foreman $ 94.00 $ - Cost Markup Total Non Production Office $ 84.00 $ - 15% Total Equipment Cost $ 1,660.00 $ 249.00 $ 1,909.00 Sub Total Change Order $ 5,584.67 Bonding Markup 2.5% $ 139.62 Total Change Order $ 5,724.29 224 Exhibit “C” Revised 01-2024 BBK 72500.00001\32374915.1 Material QTY Unit Price Amount WO# 2 Dump fees 1 $ 500.00 $ 500.00 Date 3/11/2025 Traffic Control 1 $ 350.00 $ 350.00 Description of work or change $ - $ - $ - $ - Emergency call with large equipment (Loader) $ - $ - cleanup Subtotal $ 850.00 Cost Markup 15% Total Total Material Costs $ 850.00 $ 127.50 $ 977.50 Prevailing Wage Labor Rate Hour Rate Total Operator 3 (Bobcat) $ 93.80 $ - Operator 6 (Roller, Skiploader) $ 95.51 $ - Grp 8 (backhoe, AC Paver, Grd Check) $ 95.62 $ - Grp 12 (Excavator, Loader, Scraper) 8 $ 95.91 $ 767.28 Labor 1 Shovel (July 2025 Rate) 8 $ 75.09 $ 600.72 Labor 2 Finish Grade (July 2025 Rate) $ 75.64 $ - Labor 3 Wacker (July 2025 Rate) $ 76.19 $ - Labor 4 Paving/Pipelayer (July 2025 Rate) $ 77.74 $ - Cement Labor $ 73.52 $ - Driver 3 (Dump Truck & 2 Axel W/T) 8 $ 75.46 $ 603.68 Driver 5 (3 Axel Water Truck) $ 75.68 $ - Driver 6 (End Dump & Low Boy) $ 75.71 $ - Apprentice per DIR Requirements $ 56.12 $ - $ - $ - Taxes & Liabilities 19.19% $ 378.37 $ - $ - Cost Markup Total $ - $ - 15% Total Labor Costs $ 2,350.05 $ 352.51 $ 2,702.56 Equipment Rental Rate Hours Rate Total Bobcat/Kabota $ 89.50 $ - Asphalt Zipper $ 120.00 $ - 623D Scraper $ 195.00 $ - 210 Skiploader $ 105.00 $ - 430 Backhoe $ 105.00 $ - JD85G Midi-Excavator $ 128.00 $ - 966G Loader $ 175.00 $ - 140G Blade $ 135.00 $ - Water Truck $ 65.00 $ - 950G Loader 8 $ 142.00 $ 1,136.00 321 Excavator $ 195.00 $ - 470 Hitachi Excavator $ 287.50 $ - Asphalt Paver $ 105.00 $ - Roller $ 95.00 $ - Dump Truck 8 $ 65.00 $ 520.00 End Dump $ 85.00 $ - 40 Ton Haul Truck $ 210.00 $ - Crew Truck Per Day 1 $ 300.00 $ 300.00 Lowboy w/driver equipment move 4 $ 125.00 $ 500.00 Non Production foreman $ 94.00 $ - Cost Markup Total Non Production Office $ 84.00 $ - 15% Total Equipment Cost $ 2,456.00 $ 368.40 $ 2,824.40 Sub Total Change Order $ 6,504.46 Bonding Markup 2.5% $ 162.62 Total Change Order $ 6,667.08 225 Exhibit “C” Revised 01-2024 BBK 72500.00001\32374915.1 Material QTY Unit Price Amount WO# 3 Asphalt 5 $ 120.00 $ 600.00 Date 3/11/2025 Traffic Control 1 $ 350.00 $ 350.00 Description of work or change $ - $ - Emergency call For Asphalt Patch $ - $ - $ - $ - Subtotal $ 950.00 Cost Markup 15% Total Total Material Costs $ 950.00 $ 142.50 $ 1,092.50 Prevailing Wage Labor Rate Hour Rate Total Operator 3 (Bobcat) $ 93.80 $ - Operator 6 (Roller, Skiploader) 8 $ 95.51 $ 764.08 Grp 8 (backhoe, AC Paver, Grd Check) $ 95.62 $ - Grp 12 (Excavator, Loader, Scraper) $ 95.91 $ - Labor 1 Shovel (July 2025 Rate) 16 $ 75.09 $ 1,201.44 Labor 2 Finish Grade (July 2025 Rate) $ 75.64 $ - Labor 3 Wacker (July 2025 Rate) $ 76.19 $ - Labor 4 Paving/Pipelayer (July 2025 Rate) $ 77.74 $ - Cement Labor $ 73.52 $ - Driver 3 (Dump Truck & 2 Axel W/T) 8 $ 75.46 $ 603.68 Driver 5 (3 Axel Water Truck) $ 75.68 $ - Driver 6 (End Dump & Low Boy) $ 75.71 $ - Apprentice per DIR Requirements $ 56.12 $ - $ - $ - Taxes & Liabilities 19.19% $ 493.03 $ - $ - Cost Markup Total $ - $ - 15% Total Labor Costs $ 3,062.23 $ 459.34 $ 3,521.57 Equipment Rental Rate Hours Rate Total Bobcat/Kabota $ 89.50 $ - Asphalt Zipper $ 120.00 $ - 623D Scraper $ 195.00 $ - 210 Skiploader 8 $ 105.00 $ 840.00 430 Backhoe $ 105.00 $ - JD85G Midi-Excavator $ 128.00 $ - 966G Loader $ 175.00 $ - 140G Blade $ 135.00 $ - Water Truck $ 65.00 $ - 950G Loader $ 142.00 $ - 321 Excavator $ 195.00 $ - 470 Hitachi Excavator $ 287.50 $ - Asphalt Paver $ 105.00 $ - Roller $ 95.00 $ - Dump Truck 8 $ 65.00 $ 520.00 End Dump $ 85.00 $ - 40 Ton Haul Truck $ 210.00 $ - Crew Truck Per Day 1 $ 300.00 $ 300.00 Lowboy w/driver equipment move $ 125.00 $ - Non Production foreman $ 94.00 $ - Cost Markup Total Non Production Office $ 84.00 $ - 15% Total Equipment Cost $ 1,660.00 $ 249.00 $ 1,909.00 Sub Total Change Order $ 6,523.07 Bonding Markup 2.5% $ 163.08 Total Change Order $ 6,686.15 226 Exhibit “C” Revised 01-2024 BBK 72500.00001\32374915.1 Material QTY Unit Price Amount WO# 4 Water 1 $ 500.00 $ 500.00 Date 3/11/2025 $ - $ - Description of work or change $ - $ - Emergency call For Dust Control $ - $ - $ - $ - Subtotal $ 500.00 Cost Markup 15% Total Total Material Costs $ 500.00 $ 75.00 $ 575.00 Prevailing Wage Labor Rate Hour Rate Total Operator 3 (Bobcat) $ 93.80 $ - Operator 6 (Roller, Skiploader) $ 95.51 $ - Grp 8 (backhoe, AC Paver, Grd Check) $ 95.62 $ - Grp 12 (Excavator, Loader, Scraper) $ 95.91 $ - Labor 1 Shovel (July 2025 Rate) $ 75.09 $ - Labor 2 Finish Grade (July 2025 Rate) $ 75.64 $ - Labor 3 Wacker (July 2025 Rate) $ 76.19 $ - Labor 4 Paving/Pipelayer (July 2025 Rate) $ 77.74 $ - Cement Labor $ 73.52 $ - Driver 3 (Dump Truck & 2 Axel W/T) 8 $ 75.46 $ 603.68 Driver 5 (3 Axel Water Truck) $ 75.68 $ - Driver 6 (End Dump & Low Boy) $ 75.71 $ - Apprentice per DIR Requirements $ 56.12 $ - $ - $ - Taxes & Liabilities 19.19% $ 115.85 $ - $ - Cost Markup Total $ - $ - 15% Total Labor Costs $ 719.53 $ 107.93 $ 827.46 Equipment Rental Rate Hours Rate Total Bobcat/Kabota $ 89.50 $ - Asphalt Zipper $ 120.00 $ - 623D Scraper $ 195.00 $ - 210 Skiploader $ 105.00 $ - 430 Backhoe $ 105.00 $ - JD85G Midi-Excavator $ 128.00 $ - 966G Loader $ 175.00 $ - 140G Blade $ 135.00 $ - Water Truck 8 $ 65.00 $ 520.00 950G Loader $ 142.00 $ - 321 Excavator $ 195.00 $ - 470 Hitachi Excavator $ 287.50 $ - Asphalt Paver $ 105.00 $ - Roller $ 95.00 $ - Dump Truck $ 65.00 $ - End Dump $ 85.00 $ - 40 Ton Haul Truck $ 210.00 $ - Crew Truck Per Day $ 300.00 $ - Lowboy w/driver equipment move $ 125.00 $ - Non Production foreman $ 94.00 $ - Cost Markup Total Non Production Office $ 84.00 $ - 15% Total Equipment Cost $ 520.00 $ 78.00 $ 598.00 Sub Total Change Order $ 2,000.46 Bonding Markup 2.5% $ 50.02 Total Change Order $ 2,050.48 227 Exhibit “C” Revised 01-2024 BBK 72500.00001\32374915.1 Material QTY Unit Price Amount WO# 5 Water 1 $ 500.00 $ 500.00 Date 3/11/2025 Traffic Control 1 $ 350.00 $ 350.00 Description of work or change $ - $ - $ - $ - Emergency call For Blow Sand Removal and $ - $ - Spreading per Day Subtotal $ 850.00 Cost Markup 15% Total Total Material Costs $ 850.00 $ 127.50 $ 977.50 Prevailing Wage Labor Rate Hour Rate Total Operator 3 (Bobcat) $ 93.80 $ - Operator 6 (Roller, Skiploader) $ 95.51 $ - Grp 8 (backhoe, AC Paver, Grd Check) $ 95.62 $ - Grp 12 (Excavator, Loader, Scraper) 16 $ 95.91 $ 1,534.56 Labor 1 Shovel (July 2025 Rate) 16 $ 75.09 $ 1,201.44 Labor 2 Finish Grade (July 2025 Rate) $ 75.64 $ - Labor 3 Wacker (July 2025 Rate) $ 76.19 $ - Labor 4 Paving/Pipelayer (July 2025 Rate) $ 77.74 $ - Cement Labor $ 73.52 $ - Driver 3 (Dump Truck & 2 Axel W/T) 16 $ 75.46 $ 1,207.36 Driver 5 (3 Axel Water Truck) $ 75.68 $ - Driver 6 (End Dump & Low Boy) $ 75.71 $ - Apprentice per DIR Requirements $ 56.12 $ - $ - $ - Taxes & Liabilities 19.19% $ 756.73 $ - $ - Cost Markup Total $ - $ - 15% Total Labor Costs $ 4,700.09 $ 705.02 $ 5,405.11 Equipment Rental Rate Hours Rate Total Bobcat/Kabota $ 89.50 $ - Asphalt Zipper $ 120.00 $ - 623D Scraper $ 195.00 $ - 210 Skiploader $ 105.00 $ - 430 Backhoe $ 105.00 $ - JD85G Midi-Excavator $ 128.00 $ - 966G Loader $ 175.00 $ - 140G Blade 8 $ 135.00 $ 1,080.00 Water Truck 8 $ 65.00 $ 520.00 950G Loader 8 $ 142.00 $ 1,136.00 321 Excavator $ 195.00 $ - 470 Hitachi Excavator $ 287.50 $ - Asphalt Paver $ 105.00 $ - Roller $ 95.00 $ - Dump Truck 8 $ 65.00 $ 520.00 End Dump $ 85.00 $ - 40 Ton Haul Truck $ 210.00 $ - Crew Truck Per Day $ 300.00 $ - Lowboy w/driver equipment move $ 125.00 $ - Non Production foreman $ 94.00 $ - Cost Markup Total Non Production Office $ 84.00 $ - 15% Total Equipment Cost $ 3,256.00 $ 488.40 $ 3,744.40 Sub Total Change Order $ 10,127.01 Bonding Markup 2.5% $ 253.18 Total Change Order $ 10,380.19 228 Contract No. ___________ Exhibit “C” Revised 01-2024 BBK 72500.00001\32374915.1 Material QTY Unit Price Amount WO# 6 Plywood 1 $ 500.00 $ 500.00 Date 3/11/2025 $ - $ - Description of work or change $ - $ - Abandoned home board-up $ - $ - $ - $ - Subtotal $ 500.00 Cost Markup 15% Total Total Material Costs $ 500.00 $ 75.00 $ 575.00 Prevailing Wage Labor Rate Hour Rate Total Operator 3 (Bobcat) $ 93.80 $ - Operator 6 (Roller, Skiploader) $ 95.51 $ - Grp 8 (backhoe, AC Paver, Grd Check) $ 95.62 $ - Grp 12 (Excavator, Loader, Scraper) $ 95.91 $ - Labor 1 Shovel (July 2025 Rate) 24 $ 75.09 $ 1,802.16 Labor 2 Finish Grade (July 2025 Rate) $ 75.64 $ - Labor 3 Wacker (July 2025 Rate) $ 76.19 $ - Labor 4 Paving/Pipelayer (July 2025 Rate) $ 77.74 $ - Cement Labor $ 73.52 $ - Driver 3 (Dump Truck & 2 Axel W/T) $ 75.46 $ - Driver 5 (3 Axel Water Truck) $ 75.68 $ - Driver 6 (End Dump & Low Boy) $ 75.71 $ - Apprentice per DIR Requirements $ 56.12 $ - $ - $ - Taxes & Liabilities 19.19% $ 345.83 $ - $ - Cost Markup Total $ - $ - 15% Total Labor Costs $ 2,147.99 $ 322.20 $ 2,470.19 Equipment Rental Rate Hours Rate Total Bobcat/Kabota $ 89.50 $ - Asphalt Zipper $ 120.00 $ - 623D Scraper $ 195.00 $ - 210 Skiploader $ 105.00 $ - 430 Backhoe $ 105.00 $ - JD85G Midi-Excavator $ 128.00 $ - 966G Loader $ 175.00 $ - 140G Blade $ 135.00 $ - Water Truck $ 65.00 $ - 950G Loader $ 142.00 $ - 321 Excavator $ 195.00 $ - 470 Hitachi Excavator $ 287.50 $ - Asphalt Paver $ 105.00 $ - Roller $ 95.00 $ - Dump Truck $ 65.00 $ - End Dump $ 85.00 $ - 40 Ton Haul Truck $ 210.00 $ - Crew Truck Per Day 1 $ 300.00 $ 300.00 Lowboy w/driver equipment move $ 125.00 $ - Non Production foreman $ 94.00 $ - Cost Markup Total Non Production Office $ 84.00 $ - 15% Total Equipment Cost $ 300.00 $ 45.00 $ 345.00 Sub Total Change Order $ 3,390.19 Bonding Markup 2.5% $ 84.76 Total Change Order $ 3,474.95 229 230 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 Tri-Star Contracting II, Inc., (hereinafter referred to as the “Contractor”) an agreement for On- Call Repairs for Public Streets and Spaces (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 April 10, 2025, (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, Tri-Star Contracting II, 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 Thousand ($150,0000) in Fiscal Year 2024/25 and Five-Hundred Thousand Dollars, ($500,000) thereafter, said sum being not less than one hundred percent (100%) of the total annual 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 231 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] 232 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. 233 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 instrum ent. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above 234 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 235 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 April 10, 2025, has awarded to Tri-Star Contracting II, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows: On-Call Repairs for Public Streets and Spaces (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 April 10, 2025, (“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 Thousand ($150,000) in Fiscal Year 2024/25 and Five-Hundred Thousand Dollars, ($500,000) thereafter 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 236 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] 237 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. 238 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 239 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 240 City of Palm Desert PW - Operations & Maintenance Randy Chavez, Deputy Director 73-510 Fred Waring Drive, Palm Desert, CA 92260 [TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT RFP No. 2025-RFP-159 On-Call Repairs for Public Streets and Spaces RESPONSE DEADLINE: March 11, 2025 at 5:00 pm Report Generated: Wednesday, March 19, 2025 Tri-Star Contracting II, Inc. Response CONTACT INFORMATION Company: Tri-Star Contracting II, Inc. Email: rowens@tri-star.info Contact: Rodney Owens Address: 15501 Little Morongo Rd Desert Hot Springs, CA 92240 Phone: (760) 251-5454 Website: N/A Submission Date: Mar 11, 2025 8:23 AM (Pacific Time) 241 [TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT RFP No. 2025-RFP-159 On-Call Repairs for Public Streets and Spaces [TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT Request For Proposal - On-Call Repairs for Public Streets and Spaces Page 2 ADDENDA CONFIRMATION No addenda issued QUESTIONNAIRE 1. Proposal (WITH COST)* Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organ ized and include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include: A. Cover Letter 1. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone number authorized to negotiate Agreement terms and compensation. B. Experience and Technical Competence 1. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s experience with similar Service as described in this RFP. 2. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact person. C. Firm Staffing and Key Personnel 1. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed. 2. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and responsibility of each individual. 242 [TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT RFP No. 2025-RFP-159 On-Call Repairs for Public Streets and Spaces [TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT Request For Proposal - On-Call Repairs for Public Streets and Spaces Page 3 3. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel. 4. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor that is anticipated to perform each function. D. Proposed Method to Accomplish the Work 1. Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work. City_of_Palm_Desert_-_Cover_Letter.doc City_of_Palm_Desert_Experience_and_Technical_Competence.doc City_of_Palm_Desert_Firm_Staffing_and_Key_Personnel.doc City_of_Palm_Desert_Proposed_Method_to_Accomplish_the_Work.doc 2. Fee Proposal* Please provide hourly rates for labor, supervision, equipment, etc. to complete task indicated in the Scope of Services. The fee proposal shall include hourly rates and ancillary rates that will be utilized so submit estimates for tasks. (as such term is d efined in the proposed Agreement attached herein). Palm_Desert_-_T&M_work_scenarios.pdf 3. Non-Collusion Declaration* The undersigned declares: I am an authorized representative of my company, the party making the foregoing Bid, to certify the following. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or ind irectly, sought by agreement, 243 [TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT RFP No. 2025-RFP-159 On-Call Repairs for Public Streets and Spaces [TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT Request For Proposal - On-Call Repairs for Public Streets and Spaces Page 4 communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, prof it, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does exec ute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Confirmed 4. Iran Contracting Act Certification* (Public Contract Code section 2200 et seq.) As required by California Public Contract Code Section 2204, the Contractor certifi es subject to penalty for perjury that the option selected below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct. Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the C ontract and/or ineligibility to bid on contracts for three years. The Contractor is not identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contrac t Code Section 2203; or a financial instruction that extends, for 45 calendar days or more, credit in the amount of $20,000,000 or more to any other person or en tity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or wi ll use the credit to provide goods or services in the energy sector in Iran. 244 [TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT RFP No. 2025-RFP-159 On-Call Repairs for Public Streets and Spaces [TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT Request For Proposal - On-Call Repairs for Public Streets and Spaces Page 5 5. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database. 909195 Click to Verify Value will be copied to clipboard 6. 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. 1000004952 Click to Verify Value will be copied to clipboard 7. Type of Business* S Corporation (if corporation, two signatures are required) 8. Litigation* Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years (or type "N/A"). N/A 9. Changes to Agreement* The City standard professional services agreement contract is included as an attachment herei n. The Proposer shall identify any objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may effect theCity's decision to enter into an Agreement. N/A 245 [TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT RFP No. 2025-RFP-159 On-Call Repairs for Public Streets and Spaces [TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT Request For Proposal - On-Call Repairs for Public Streets and Spaces Page 6 10. No Deviations from the RFP* In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, b ut not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for re jection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein (or type "N/A"). Maximum response length: 5000 characters N/A 11. Project Team Resumes* Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualificatio ns, education, and professional licensing. City_of_Palm_Desert_Project_Team_Resumes.doc 12. 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 Bryan Willis President 15501 Little Morongo Road Desert Hot Springs, CA 92240 246 [TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT RFP No. 2025-RFP-159 On-Call Repairs for Public Streets and Spaces [TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT Request For Proposal - On-Call Repairs for Public Streets and Spaces Page 7 bwillis@tri-star.info 760-251-5454 Jordan Willis-Rodriguez CFO 15501 Little Morongo Road Desert Hot Springs, CA 92240 jwillis@tri-star.info 760-251-5454 Dainel Willis Secretary 15501 Little Morongo Road Desert Hot Springs, CA 92240 dwillis@tri-star.info 760-251-5454 13. Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accord ance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.* Confirmed 247 TTrrii--SSttaarr CCoonnttrraaccttiinngg IIII,, IInncc.. 15501 Little Morongo Rd., Desert Hot Springs, CA 92240 Phone (760) 251-5454 Fax (760) 251-5458 License # 909195 A FED# 20-816-8300 DIR# 1000004952 Wednesday, March 19, 2025 Tri-Star is a local Coachella Valley company with experience working with all the local utility districts and municipalities in the area. We specialize in civil and public improvements including: Watermains and Services, Sewer, Storm Drain, Dry Utilities, Site Grading, and Road & Sidewalk Repairs. We also have years of experience in storm and emergency cleanup including work done for most of the cities, and many community organizations withing the Coachella Valley. Our approach to the work can be done in multiple methods; either as a bid per project or as an open work order based on a time and material basis as directed by the city. We own our equipment and transport for equipment making for the ability to mobilize to projects quickly. We are available to meet with the city’s staff as needed to discuss any of the projects, and can often recommend methods that would be most cost effective to the city. Thank you for considering Tri-Star for your project and we look forward to working with you on this and future projects. Sincerely, Tri-Star Contracting II, Inc. 248 Bus (760) 251-5454 15-501 Little Morongo Road, Desert Hot Springs, CA. 92240 Fax (760) 2515458 e-mail:ldavenport@tri-star.info TTrrii--SSttaarr CCoonnttrraaccttiinngg IIII,, IInncc.. Wednesday, March 19, 2025 Experience and Technical Competence 1. Background: Tri-Star Contracting II, Inc. has been a locally owned and operated construction company for over 17 years. Most recently our crews assisted the City of Palm Desert, City of Desert Hot Springs and City of Rancho Mirage with consulting which resulted in clean-up work during and in the aftermath of Tropical Storm Hillary. Prior to Tropical Storm Hillary our crews responded to the City of Palm Springs and City of Desert Hot Springs in the aftermath of the Valentines Day flooding in 2019, consulting and facilitating the re-opening of Indian Canyon Drive just south of I-10, Gene Autry Trail, Vista Chino and the rebuilding of Farrell Dr. 2. References: 1. City Of Palm Desert Randy Chavez/Deputy Director of Public Works (760) 776-6450 Job Location - Gerald Ford retention basin, Cook Street, Portola & Haystack and Painters Path. Description of work - Emergency Response to aftermath of Tropical Storm Hillary. Assisted with clearing mud and storm debris from intersections and roadways. 2. City of Rancho Mirage Justin Ruberg/Public Works (760) 324-4511 Job Location - Bob Hope Drive and Wash at Frank Sinatra. Description of work - Emergency Response to aftermath of Tropical Storm Hillary. Assisted with clearing stockpiled dirt at N/E corner of Bob Hope & Ramon Road and graded wash at Frank Sinatra wash and exported excess fill. 3. City of Desert Hot Springs Danny Porras/ Assistant City Manager (760) 932-6411 Job Location – N Indian Canyon, Dillon Road, Mission Lakes Blvd Description of work – During Tropical Storm Hillary our crews assisting emergency responders crossing flood waters and attempted to keep roadways clear. Once storm passed our crews assisted City officials securing damaged roadways, cleared mud and debris from roads, intersections and repaired shoulders. CCoonnttrraaccttiinngg,, EExxccaavvaattiioonn,, GGrraaddiinngg “We dig the Coachella Valley” 249 Bus (760) 251-5454 15-501 Little Morongo Road, Desert Hot Springs, CA. 92240 Fax (760) 2515458 e-mail:ldavenport@tri-star.info TTrrii--SSttaarr CCoonnttrraaccttiinngg IIII,, IInncc.. Wednesday, March 19, 2025 Firm Staffing and Key Personnel 1. Staffing: Tri-Star Contracting II, Inc. is a locally owned and operated company. 95% of employees are local and can respond to emergency situations in a professional and timely manner. a) Victor Conteras – 30+ year’s experience as a heavy equipment operator and has been a lead foreman for Tri-Star Contracting II, Inc. since 2007. Mr. Conteras is 30hr OSHA certified along with confined space and trench safety certified and oversees a crew of 4-7 operator/laborers. b) Micheal Carr – 45+ year’s experience as a heavy equipment operator and a lead grading foreman for Tri-Star Contracting II, Inc. since 2007 while overseeing a crew of 4-7 operators/laborers. 2. Key Personnel: a) Bryan Willis – President Mr. Willis has over 35 years experience in the construction industry with a vast knowledge of all aspects of grading, excavation, sewer and water main repair and installation. and has been the president of Tri-Star Contracting II, Inc. since 2007. b) Dan Willis – Secretary/Superintendent Mr. Willis has 16 years of experience in the construction industry with a vast knowledge of all aspects of grading, excavation, sewer and water main repair and installation. 3. Team Organization: a) Bryan Willis/President - Oversee all aspects of consulting and project management b) Dan Willis/ Secretary/Superintendent - On-site contact between Tri-Star Contracting II, Inc. and City officials c) Rodney Owens/Estimator – Responsible for preparing all proposed work with input from Bryan Willis and Dan Willis d) Laura Davenport/Office Manager – Contract administrator, billing, CPR 4. Subcontractors: Tri-Star Contracting will only utilize subcontractors as needed with CSBL contractors that are also DIR certified. CCoonnttrraaccttiinngg,, EExxccaavvaattiioonn,, GGrraaddiinngg “We dig the Coachella Valley” 250 Bus (760) 251-5454 15-501 Little Morongo Road, Desert Hot Springs, CA. 92240 Fax (760) 2515458 e-mail:ldavenport@tri-star.info TTrrii--SSttaarr CCoonnttrraaccttiinngg IIII,, IInncc.. Wednesday, March 19, 2025 Proposed Method to Accomplish the Work Tri-Star Contracting II, Inc. approach to the work can be done in multiple methods; either as a bid per project or as an open work order based on a time and material basis as directed by the city. Tri-Star Contracting II, Inc. is a locally owned and operated company with 95% of our employees living within the Coachella Valley, our fleet is 100% owned making for the ability to mobilize to projects quickly. We are available to meet with the city’s staff as needed to discuss any of the projects, and can often recommend methods that would be most cost effective. We pride ourselves in the facts that we have efficiently and effectively helped multiple City’s with storm cleanup over the last 17 years to ensure the residence of the city have safe and cleared roadways and been able to make repairs to infrastructure to help minimize any further damage from storms in the future. CCoonnttrraaccttiinngg,, EExxccaavvaattiioonn,, GGrraaddiinngg “We dig the Coachella Valley” 251 TTrrii--SSttaarr CCoonnttrraaccttiinngg IIII,, IInncc.. 15501 Little Morongo Rd., Desert Hot Springs, CA 92240 Phone (760) 251-5454 Fax (760) 251-5458 License # 909195 A FED# 20-816-8300 Tuesday, March 11, 2025 Following are a few scenarios that can be dispatched for emergency call outs. The following are examples of work we can perform but is not a complete list of all services Tri-Star can provide: Sheet 1: T&M Rate sheet Sheet 2: Small equipment crew Sheet 3: Larger equipment crew Sheet 4: Dust Control Sheet 5: Blow Sand Removal Sheet 6: Abandoned home board-up Tri-Star can assemble a crew to meet the city’s needs for most situations. Sincerely, Tri-Star Contracting II, Inc. 252 Tri-Star Contracting Change Order Worksheet Material QTY Unit Price Amount WO# -$ -$ Date -$ -$ -$ -$ -$ -$ -$ -$ Subtotal -$ Cost Markup Total 15% Total Material Costs -$ -$ -$ Prevailing Wage Labor Rate Hour Rate Total Operator 3 (Bobcat)93.80$ -$ Operator 3 OT 123.540$ -$ Operator 3 OT2 153.27$ -$ Operator 6 (Roller, Skiploader)95.51$ -$ Operator 6 OT 126.10$ -$ Operator 6 OT2 156.69$ -$ Grp 8 (backhoe, AC Paver, Grd Check)95.62$ -$ Operator 8 OT 126.270$ -$ Operator 8 OT2 156.91$ -$ Grp 12 (Excavator, Loader, Scraper)95.91$ -$ Operator 12 OT 126.70$ -$ Operator 12 OT2 157.49$ -$ Labor 1 Shovel (July 2025 Rate)75.09$ -$ Labor 1 OT 98.730$ -$ Labor 1 2OT 112.37$ -$ Labor 2 Finish Grade (July 2025 Rate)75.64$ -$ Labor 2 OT 94.455$ -$ Labor 2 2OT 123.47$ -$ Labor 3 Wacker (July 2025 Rate)76.19$ -$ Labor 3 OT 100.380$ -$ Labor 3 2OT 124.57$ -$ Labor 4 Paving/Pipelayer (July 2025 Rate)77.74$ -$ Labor 4 OT 102.710$ -$ Labor 4 2OT 127.67$ -$ Cement Labor 73.52$ -$ Cement Labor OT 96.27$ -$ Cement Labor 2OT 119.02$ -$ Driver 3 (Dump Truck & 2 Axel W/T)75.46$ -$ Driver 3 OT 95.395$ -$ Driver 3 OT2 115.33$ -$ Driver 5 (3 Axel Water Truck)75.68$ -$ Driver 5 OT 95.725$ -$ Driver 5 OT2 115.77$ -$ Driver 6 (End Dump & Low Boy)75.71$ -$ Driver 6 OT 95.77$ -$ Driver 6 OT2 115.83$ -$ Apprentice per DIR Requirements 56.12$ -$ -$ -$ Taxes & Liabilites 19.19% -$ -$ Cost Markup Total -$ -$ 15% Total Labor Costs -$ -$ -$ Equipment Rental Rate Hours Rate Total Bobcat/Kabota 89.50$ -$ Asphalt Zipper 120.00$ -$ 623D Scraper 195.00$ -$ 210 Skiploader 105.00$ -$ 430 Backhoe 105.00$ -$ JD85G Midi-Excavator 128.00$ -$ 966G Loader 175.00$ -$ 140G Blade 135.00$ -$ Water Truck 65.00$ -$ 950G Loader 142.00$ -$ 321 Excavator 195.00$ -$ 470 Hitachi Excavator 287.50$ -$ Asphalt Paver 105.00$ -$ Roller 95.00$ -$ Dump Truck 65.00$ -$ End Dump 85.00$ -$ 40 Ton Haul Truck 210.00$ -$ Crew Truck Per Day 300.00$ -$ Lowboy w/driver equipment move 125.00$ -$ Non Production foreman 94.00$ -$ Cost Markup Total Non Production Office 84.00$ -$ 15% Total Equipment Cost -$ -$ -$ Amount -$ -$ -$ -$ Cost Markup Total -$ 15% Total Subcontracts Costs -$ -$ -$ Sub Total Change Order -$ Bonding Markup 2.5% -$ Total Change Order -$ Labor rates to be adjusted per DIR requierments 3/11/2025 Subcontracts Description of work or change -$ 253 Tri-Star Contracting Change Order Worksheet Material QTY Unit Price Amount WO# Dump fees 1 500.00$ 500.00$ Date Traffic Control 1 350.00$ 350.00$ -$ -$ -$ -$ -$ -$ Subtotal 850.00$ Cost Markup Total 15% Total Material Costs 850.00$ 127.50$ 977.50$ Prevailing Wage Labor Rate Hour Rate Total Operator 3 (Bobcat)93.80$ -$ Operator 6 (Roller, Skiploader)8 95.51$ 764.08$ Grp 8 (backhoe, AC Paver, Grd Check)95.62$ -$ Grp 12 (Excavator, Loader, Scraper)95.91$ -$ Labor 1 Shovel (July 2025 Rate)8 75.09$ 600.72$ Labor 2 Finish Grade (July 2025 Rate)75.64$ -$ Labor 3 Wacker (July 2025 Rate)76.19$ -$ Labor 4 Paving/Pipelayer (July 2025 Rate)77.74$ -$ Cement Labor 73.52$ -$ Driver 3 (Dump Truck & 2 Axel W/T)8 75.46$ 603.68$ Driver 5 (3 Axel Water Truck)75.68$ -$ Driver 6 (End Dump & Low Boy)75.71$ -$ Apprentice per DIR Requirements 56.12$ -$ -$ -$ Taxes & Liabilites 19.19% -$ -$ Cost Markup Total -$ -$ 15% Total Labor Costs 2,346.23$ 351.94$ 2,698.17$ Equipment Rental Rate Hours Rate Total Bobcat/Kabota 89.50$ -$ Asphalt Zipper 120.00$ -$ 623D Scraper 195.00$ -$ 210 Skiploader 8 105.00$ 840.00$ 430 Backhoe 105.00$ -$ JD85G Midi-Excavator 128.00$ -$ 966G Loader 175.00$ -$ 140G Blade 135.00$ -$ Water Truck 65.00$ -$ 950G Loader 142.00$ -$ 321 Excavator 195.00$ -$ 470 Hitachi Excavator 287.50$ -$ Asphalt Paver 105.00$ -$ Roller 95.00$ -$ Dump Truck 8 65.00$ 520.00$ End Dump 85.00$ -$ 40 Ton Haul Truck 210.00$ -$ Crew Truck Per Day 1 300.00$ 300.00$ Lowboy w/driver equipment move 125.00$ -$ Non Production foreman 94.00$ -$ Cost Markup Total Non Production Office 84.00$ -$ 15% Total Equipment Cost 1,660.00$ 249.00$ 1,909.00$ Amount -$ -$ -$ -$ Cost Markup Total -$ 15% Total Subcontracts Costs -$ -$ -$ Sub Total Change Order 5,584.67$ Bonding Markup 2.5% 139.62$ Total Change Order 5,724.29$ Labor rates to be adjusted per DIR requierments 377.75$ 1 3/11/2025 Subcontracts Description of work or change Emergency call with small equipment (skip Loader) cleanup 254 Tri-Star Contracting Change Order Worksheet Material QTY Unit Price Amount WO# Dump fees 1 500.00$ 500.00$ Date Traffic Control 1 350.00$ 350.00$ -$ -$ -$ -$ -$ -$ Subtotal 850.00$ Cost Markup Total 15% Total Material Costs 850.00$ 127.50$ 977.50$ Prevailing Wage Labor Rate Hour Rate Total Operator 3 (Bobcat)93.80$ -$ Operator 6 (Roller, Skiploader)95.51$ -$ Grp 8 (backhoe, AC Paver, Grd Check)95.62$ -$ Grp 12 (Excavator, Loader, Scraper)8 95.91$ 767.28$ Labor 1 Shovel (July 2025 Rate)8 75.09$ 600.72$ Labor 2 Finish Grade (July 2025 Rate)75.64$ -$ Labor 3 Wacker (July 2025 Rate)76.19$ -$ Labor 4 Paving/Pipelayer (July 2025 Rate)77.74$ -$ Cement Labor 73.52$ -$ Driver 3 (Dump Truck & 2 Axel W/T)8 75.46$ 603.68$ Driver 5 (3 Axel Water Truck)75.68$ -$ Driver 6 (End Dump & Low Boy)75.71$ -$ Apprentice per DIR Requirements 56.12$ -$ -$ -$ Taxes & Liabilites 19.19% -$ -$ Cost Markup Total -$ -$ 15% Total Labor Costs 2,350.05$ 352.51$ 2,702.56$ Equipment Rental Rate Hours Rate Total Bobcat/Kabota 89.50$ -$ Asphalt Zipper 120.00$ -$ 623D Scraper 195.00$ -$ 210 Skiploader 105.00$ -$ 430 Backhoe 105.00$ -$ JD85G Midi-Excavator 128.00$ -$ 966G Loader 175.00$ -$ 140G Blade 135.00$ -$ Water Truck 65.00$ -$ 950G Loader 8 142.00$ 1,136.00$ 321 Excavator 195.00$ -$ 470 Hitachi Excavator 287.50$ -$ Asphalt Paver 105.00$ -$ Roller 95.00$ -$ Dump Truck 8 65.00$ 520.00$ End Dump 85.00$ -$ 40 Ton Haul Truck 210.00$ -$ Crew Truck Per Day 1 300.00$ 300.00$ Lowboy w/driver equipment move 4 125.00$ 500.00$ Non Production foreman 94.00$ -$ Cost Markup Total Non Production Office 84.00$ -$ 15% Total Equipment Cost 2,456.00$ 368.40$ 2,824.40$ Amount -$ -$ -$ -$ Cost Markup Total -$ 15% Total Subcontracts Costs -$ -$ -$ Sub Total Change Order 6,504.46$ Bonding Markup 2.5% 162.62$ Total Change Order 6,667.08$ Labor rates to be adjusted per DIR requierments 378.37$ 2 3/11/2025 Subcontracts Description of work or change Emergency call with large equipment (Loader) cleanup 255 Tri-Star Contracting Change Order Worksheet Material QTY Unit Price Amount WO# Asphalt 5 120.00$ 600.00$ Date Traffic Control 1 350.00$ 350.00$ -$ -$ -$ -$ -$ -$ Subtotal 950.00$ Cost Markup Total 15% Total Material Costs 950.00$ 142.50$ 1,092.50$ Prevailing Wage Labor Rate Hour Rate Total Operator 3 (Bobcat)93.80$ -$ Operator 6 (Roller, Skiploader)8 95.51$ 764.08$ Grp 8 (backhoe, AC Paver, Grd Check)95.62$ -$ Grp 12 (Excavator, Loader, Scraper)95.91$ -$ Labor 1 Shovel (July 2025 Rate)16 75.09$ 1,201.44$ Labor 2 Finish Grade (July 2025 Rate)75.64$ -$ Labor 3 Wacker (July 2025 Rate)76.19$ -$ Labor 4 Paving/Pipelayer (July 2025 Rate)77.74$ -$ Cement Labor 73.52$ -$ Driver 3 (Dump Truck & 2 Axel W/T)8 75.46$ 603.68$ Driver 5 (3 Axel Water Truck)75.68$ -$ Driver 6 (End Dump & Low Boy)75.71$ -$ Apprentice per DIR Requirements 56.12$ -$ -$ -$ Taxes & Liabilites 19.19% -$ -$ Cost Markup Total -$ -$ 15% Total Labor Costs 3,062.23$ 459.34$ 3,521.57$ Equipment Rental Rate Hours Rate Total Bobcat/Kabota 89.50$ -$ Asphalt Zipper 120.00$ -$ 623D Scraper 195.00$ -$ 210 Skiploader 8 105.00$ 840.00$ 430 Backhoe 105.00$ -$ JD85G Midi-Excavator 128.00$ -$ 966G Loader 175.00$ -$ 140G Blade 135.00$ -$ Water Truck 65.00$ -$ 950G Loader 142.00$ -$ 321 Excavator 195.00$ -$ 470 Hitachi Excavator 287.50$ -$ Asphalt Paver 105.00$ -$ Roller 95.00$ -$ Dump Truck 8 65.00$ 520.00$ End Dump 85.00$ -$ 40 Ton Haul Truck 210.00$ -$ Crew Truck Per Day 1 300.00$ 300.00$ Lowboy w/driver equipment move 125.00$ -$ Non Production foreman 94.00$ -$ Cost Markup Total Non Production Office 84.00$ -$ 15% Total Equipment Cost 1,660.00$ 249.00$ 1,909.00$ Amount -$ -$ -$ -$ Cost Markup Total -$ 15% Total Subcontracts Costs -$ -$ -$ Sub Total Change Order 6,523.07$ Bonding Markup 2.5% 163.08$ Total Change Order 6,686.15$ Labor rates to be adjusted per DIR requierments 493.03$ 3 3/11/2025 Subcontracts Description of work or change Emergency call For Asphalt Patch 256 Tri-Star Contracting Change Order Worksheet Material QTY Unit Price Amount WO# Water 1 500.00$ 500.00$ Date -$ -$ -$ -$ -$ -$ -$ -$ Subtotal 500.00$ Cost Markup Total 15% Total Material Costs 500.00$ 75.00$ 575.00$ Prevailing Wage Labor Rate Hour Rate Total Operator 3 (Bobcat)93.80$ -$ Operator 6 (Roller, Skiploader)95.51$ -$ Grp 8 (backhoe, AC Paver, Grd Check)95.62$ -$ Grp 12 (Excavator, Loader, Scraper)95.91$ -$ Labor 1 Shovel (July 2025 Rate)75.09$ -$ Labor 2 Finish Grade (July 2025 Rate)75.64$ -$ Labor 3 Wacker (July 2025 Rate)76.19$ -$ Labor 4 Paving/Pipelayer (July 2025 Rate)77.74$ -$ Cement Labor 73.52$ -$ Driver 3 (Dump Truck & 2 Axel W/T)8 75.46$ 603.68$ Driver 5 (3 Axel Water Truck)75.68$ -$ Driver 6 (End Dump & Low Boy)75.71$ -$ Apprentice per DIR Requirements 56.12$ -$ -$ -$ Taxes & Liabilites 19.19% -$ -$ Cost Markup Total -$ -$ 15% Total Labor Costs 719.53$ 107.93$ 827.46$ Equipment Rental Rate Hours Rate Total Bobcat/Kabota 89.50$ -$ Asphalt Zipper 120.00$ -$ 623D Scraper 195.00$ -$ 210 Skiploader 105.00$ -$ 430 Backhoe 105.00$ -$ JD85G Midi-Excavator 128.00$ -$ 966G Loader 175.00$ -$ 140G Blade 135.00$ -$ Water Truck 8 65.00$ 520.00$ 950G Loader 142.00$ -$ 321 Excavator 195.00$ -$ 470 Hitachi Excavator 287.50$ -$ Asphalt Paver 105.00$ -$ Roller 95.00$ -$ Dump Truck 65.00$ -$ End Dump 85.00$ -$ 40 Ton Haul Truck 210.00$ -$ Crew Truck Per Day 300.00$ -$ Lowboy w/driver equipment move 125.00$ -$ Non Production foreman 94.00$ -$ Cost Markup Total Non Production Office 84.00$ -$ 15% Total Equipment Cost 520.00$ 78.00$ 598.00$ Amount -$ -$ -$ -$ Cost Markup Total -$ 15% Total Subcontracts Costs -$ -$ -$ Sub Total Change Order 2,000.46$ Bonding Markup 2.5% 50.02$ Total Change Order 2,050.48$ Labor rates to be adjusted per DIR requierments 115.85$ 4 3/11/2025 Subcontracts Description of work or change Emergency call For Dust Control 257 Tri-Star Contracting Change Order Worksheet Material QTY Unit Price Amount WO# Water 1 500.00$ 500.00$ Date Traffic Control 1 350.00$ 350.00$ -$ -$ -$ -$ -$ -$ Subtotal 850.00$ Cost Markup Total 15% Total Material Costs 850.00$ 127.50$ 977.50$ Prevailing Wage Labor Rate Hour Rate Total Operator 3 (Bobcat)93.80$ -$ Operator 6 (Roller, Skiploader)95.51$ -$ Grp 8 (backhoe, AC Paver, Grd Check)95.62$ -$ Grp 12 (Excavator, Loader, Scraper)16 95.91$ 1,534.56$ Labor 1 Shovel (July 2025 Rate)16 75.09$ 1,201.44$ Labor 2 Finish Grade (July 2025 Rate)75.64$ -$ Labor 3 Wacker (July 2025 Rate)76.19$ -$ Labor 4 Paving/Pipelayer (July 2025 Rate)77.74$ -$ Cement Labor 73.52$ -$ Driver 3 (Dump Truck & 2 Axel W/T)16 75.46$ 1,207.36$ Driver 5 (3 Axel Water Truck)75.68$ -$ Driver 6 (End Dump & Low Boy)75.71$ -$ Apprentice per DIR Requirements 56.12$ -$ -$ -$ Taxes & Liabilites 19.19% -$ -$ Cost Markup Total -$ -$ 15% Total Labor Costs 4,700.09$ 705.02$ 5,405.11$ Equipment Rental Rate Hours Rate Total Bobcat/Kabota 89.50$ -$ Asphalt Zipper 120.00$ -$ 623D Scraper 195.00$ -$ 210 Skiploader 105.00$ -$ 430 Backhoe 105.00$ -$ JD85G Midi-Excavator 128.00$ -$ 966G Loader 175.00$ -$ 140G Blade 8 135.00$ 1,080.00$ Water Truck 8 65.00$ 520.00$ 950G Loader 8 142.00$ 1,136.00$ 321 Excavator 195.00$ -$ 470 Hitachi Excavator 287.50$ -$ Asphalt Paver 105.00$ -$ Roller 95.00$ -$ Dump Truck 8 65.00$ 520.00$ End Dump 85.00$ -$ 40 Ton Haul Truck 210.00$ -$ Crew Truck Per Day 300.00$ -$ Lowboy w/driver equipment move 125.00$ -$ Non Production foreman 94.00$ -$ Cost Markup Total Non Production Office 84.00$ -$ 15% Total Equipment Cost 3,256.00$ 488.40$ 3,744.40$ Amount -$ -$ -$ -$ Cost Markup Total -$ 15% Total Subcontracts Costs -$ -$ -$ Sub Total Change Order 10,127.01$ Bonding Markup 2.5% 253.18$ Total Change Order 10,380.19$ Labor rates to be adjusted per DIR requierments 756.73$ 5 3/11/2025 Subcontracts Description of work or change Emergency call For Blow Sand Removal and Spreading per Day 258 Tri-Star Contracting Change Order Worksheet Material QTY Unit Price Amount WO# Plywood 1 500.00$ 500.00$ Date -$ -$ -$ -$ -$ -$ -$ -$ Subtotal 500.00$ Cost Markup Total 15% Total Material Costs 500.00$ 75.00$ 575.00$ Prevailing Wage Labor Rate Hour Rate Total Operator 3 (Bobcat)93.80$ -$ Operator 6 (Roller, Skiploader)95.51$ -$ Grp 8 (backhoe, AC Paver, Grd Check)95.62$ -$ Grp 12 (Excavator, Loader, Scraper)95.91$ -$ Labor 1 Shovel (July 2025 Rate)24 75.09$ 1,802.16$ Labor 2 Finish Grade (July 2025 Rate)75.64$ -$ Labor 3 Wacker (July 2025 Rate)76.19$ -$ Labor 4 Paving/Pipelayer (July 2025 Rate)77.74$ -$ Cement Labor 73.52$ -$ Driver 3 (Dump Truck & 2 Axel W/T)75.46$ -$ Driver 5 (3 Axel Water Truck)75.68$ -$ Driver 6 (End Dump & Low Boy)75.71$ -$ Apprentice per DIR Requirements 56.12$ -$ -$ -$ Taxes & Liabilites 19.19% -$ -$ Cost Markup Total -$ -$ 15% Total Labor Costs 2,147.99$ 322.20$ 2,470.19$ Equipment Rental Rate Hours Rate Total Bobcat/Kabota 89.50$ -$ Asphalt Zipper 120.00$ -$ 623D Scraper 195.00$ -$ 210 Skiploader 105.00$ -$ 430 Backhoe 105.00$ -$ JD85G Midi-Excavator 128.00$ -$ 966G Loader 175.00$ -$ 140G Blade 135.00$ -$ Water Truck 65.00$ -$ 950G Loader 142.00$ -$ 321 Excavator 195.00$ -$ 470 Hitachi Excavator 287.50$ -$ Asphalt Paver 105.00$ -$ Roller 95.00$ -$ Dump Truck 65.00$ -$ End Dump 85.00$ -$ 40 Ton Haul Truck 210.00$ -$ Crew Truck Per Day 1 300.00$ 300.00$ Lowboy w/driver equipment move 125.00$ -$ Non Production foreman 94.00$ -$ Cost Markup Total Non Production Office 84.00$ -$ 15% Total Equipment Cost 300.00$ 45.00$ 345.00$ Amount -$ -$ -$ -$ Cost Markup Total -$ 15% Total Subcontracts Costs -$ -$ -$ Sub Total Change Order 3,390.19$ Bonding Markup 2.5% 84.76$ Total Change Order 3,474.95$ Labor rates to be adjusted per DIR requierments Abandoned home board-up 345.83$ 6 3/11/2025 Subcontracts Description of work or change 259 Bus (760) 251-5454 15-501 Little Morongo Road, Desert Hot Springs, CA. 92240 Fax (760) 2515458 e-mail:ldavenport@tri-star.info TTrrii--SSttaarr CCoonnttrraaccttiinngg IIII,, IInncc.. Wednesday, March 19, 2025 11. Project Team Resumes a) Bryan Willis – President Mr. Willis has over 35 years experience in the construction industry with a vast knowledge of all aspects of grading, excavation, sewer and water main repair and installation. and has been the president of Tri-Star Contracting II, Inc. since 2007. b) Dan Willis – Secretary/Superintendent Mr. Willis has 16 years of experience in the construction industry with a vast knowledge of all aspects of grading, excavation, sewer and water main repair and installation. AQMD Dust Control & Confined Space and Trench safety certified. c) Victor Conteras – 30+ year’s experience as a heavy equipment operator and has been a lead foreman for Tri-Star Contracting II, Inc. since 2007. Mr. Conteras is 30hr OSHA, AQMD Dust Control & Confined Space and Trench Safety certified and oversees a crew of 4-7 operator/laborers. d) Micheal Carr – 45+ year’s experience as a heavy equipment operator and a lead grading foreman for Tri-Star Contracting II, Inc. since 2007 while overseeing a crew of 4-7 operators/laborers CCoonnttrraaccttiinngg,, EExxccaavvaattiioonn,, GGrraaddiinngg “We dig the Coachella Valley” 260 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 10, 2025 PREPARED BY: Kalaina Perez, Management Analyst SUBJECT: APPROVE AMENDMENT NO. 2 TO CONTRACT NO. C41450 WITH HINDERLITER, DE LLAMAS AND ASSOCIATES (HDL) TO CONTINUE BUSINESS LICENSE TAX AND FEES ADMINISTRATION. RECOMMENDATION: 1. Approve Amendment No. 2 to Contract No. C41450 with HdL to extend the term for one (1) year. 2. Authorize the City Attorney to make any non-monetary changes to the agreement. 3. Authorize the City Manager or designee to execute any amendments to the agreement. BACKGROUND/ANALYSIS: In May 2021, the City entered into a contractual agreement with H dL to outsource business license services. This decision was made in response to significant operational challenges posed by the COVID-19 pandemic, which resulted in a substantial backlog of business license applications and strained internal resources. On January 9, 2025, during a study session, the City Council and staff reviewed concerns regarding the current processing of business licenses and explored the benefits of bringing these services back in-house. A key factor in this transition is the City's investment in Clariti software, which will enable a more efficient and streamlined approach once the business license module is fully implemented in the first quarter of 2026. As the current four-year contract with HdL expires on April 30, 2025, a one -year contract extension is necessary to maintain services until they can be brought back in-house. This extension will provide the required time to implement the Clariti Software, enhance operational efficiency, and ensure uninterrupted service delivery. The following four services are provided under the current contract: 1. Operations Management Services - Processing of renewals and new applications. 2. Online Payment Processing – Handling credit card and eCheck transactions. 3. Discovery Services – Identifying businesses subject to business licensing requirements. 4. Collection Services – Collecting outstanding business license-related debts. Staff recommends keeping all four services in the contract; however, at this time, authorization will only be given for Operations Management Services and Online Payment Processing (items 1 and 2). Staff from the Development Services and Finance Departments will continue to monitor the contract and assess the need for Discovery and/or Collection Services. 261 City of Palm Desert Approve an amendment to Contract No. C41450 with HDL Page 2 of 2 HdL’s Client Services Team has made significant progress in c ollaboration with staff, further supporting the need for a smooth transition. Therefore, staff recommends approving a one-year contract extension with HdL to support the implementation of Clariti and ensure an efficient transfer of business licensing back in-house. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: Funds in the amount of $180,000 have been requested as part of the FY 2025-26 Annual Budget in Account No. 1104421-4309300 for this purpose. There is no additional impact on the General Fund. ATTACHMENTS: 1. HdL Draft Amendment No. 2 2. HdL Amendment No. 1 3. HdL Contract No. C41450 262 Contract No. C41451 AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND HINDERLITER DE LLAMAS AND ASSOCIATES 1. Parties and Date. This Amendment No. 1 to the Professional Services Agreement is made and entered into as of this 24th day of March, 2022, by and between the City of Palm Desert (“City”) and Hinderliter De Llamas and Associates (also known as HdL Companies), a Corporation with its principal place of business at 120 S. State College Boulevard, Suite 200, Brea, California 92821(“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Agreement. The City and Consultant have entered into an agreement entitled Professional Services Agreement, Contract No. C41450” dated April 30, 2021 (“Agreement” or Contract”) for the purpose of retaining the services of Consultant to provide business license administration services. 2.2 Amendment. The City and Consultant desire to amend the Agreement to extend the term. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.1.2 of the Agreement. 3. Terms. 3.1 Term. Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows: The term of this agreement shall be from April 30, 2021 to April 30, 2023, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement for no more than two (2) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedule and deadlines.” 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue 263 Contract No. C41451 Page 2 of 3 Revised 11-2-20 BBK 72500.00001\32445060.1 in full force and effect. 3.5 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] 264 Contract No. C41451 Page 3 of 3 Revised 11-2-20 BBK 72500.00001\32445060.1 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND HINDERLITER DE LLAMAS AND ASSOCIATES IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to the Professional Services Agreement as of the day and year first above written. CITY OF PALM DESERT Approved By: L. Todd Hileman City Manager Attested By: Anthony J. Mejia, MMC City Clerk Approved As To Form: By: Best Best & Krieger LLP City Attorney HINDERLITER DE LLAMAS AND ASSOCIATES Signature Name Title Signature Name Title Insurance ID# 1Review QC: 2Review MN n/a CIO, Director of Tax & Fee Administration robert gray Robert Hargreaves (Apr 8, 2022 13:37 PDT) Robert Hargreaves Todd Hileman (Apr 8, 2022 13:39 PDT) 265 266 CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT Contract No. C41450 1. PARTIES ANC DATE This Agreement is made and entered into this 30th day of Apnl , 20 21 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") Hinderliter De Llamas and Associates (also known as HdL Companies), with its principal place of business at 120 S State College Blvd , Suite 200, Brea, CA 92821 ("Consultant") Crty and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties " 2 RECITALS. 21 Project The City is a public agency of the State of California and is in need of professional services for the following project BUSINFSS LICENSE ADMINISTRATION 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. TERMS31 Scope of Services and Term 3 1 1 General scone of Servirq , Consultant promises and agrees to furnish to the City all labor, matenals, fools. 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 Ise 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 April 30, 2021 to Apnl 30, 2022, unless earlier terminated as provided herein The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than three (3) additional one-year terms 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 InderjFndent Cnntrartor Cnntrnl anri Pat ment of Snhnrrtinatas 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 Consultant shall pay all wages, salanes, and other amounts due such personnel in connection with their performance of Services under this 267 Contract No. C41450 Agreement and as required by taw 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 A/\ table Renuirementc All work prepared by Consultant shall be subject to the approval or City 3 2 4 Substitution of Kev 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 wntten 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 Connor Duckworth, Client Advisor 3 2 5 City's Representative The City hereby designates Janet Moore, Director of Finance, or his/her designee, to act as rts 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 Connor Duckworth, Client Advisor 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 Cnordinatinn of 4prvires 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 Emnlovees 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 G trdSNarprca Tapa+F,ranceasinee6 License Secs s4ldL Ar7Oament 0:21 Rare 0.30.21 err commend Onx 268 Contract No. C41450 shall have sufficient skill and experience to perform the Seances 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 31 2 above ("Performance Time') Consultant shall also perform the Services in stnct 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. 3210 Laws and Reaulatinns Fmp/In =eiI ahnr fsrtrfiratinn Consultant shallkeepitselffullyinformedofandrncompliancewithalllocal, 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 Crty to terminate the Agreement for cause 3 2 10 1 Emi tpvmant FY.eibility nsult' t Consultant certifies that it fully complies with all requirements and restnrons 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 appropnate to the nature of the work and the conditions under which the work is to be performed il'enelVeron ea TerisffIrerRe1Bue,neca -mono Sereee:..WI. Ageen mt 512: Rey 4 30.2' wconmer[:.docx 3. 269 Contract No. C41450 3 211 Insurance 3 211 1 Minimum Recirements Without limiting Consultant s indemnification of City, and prior to commencement of the Seances, Consultant shall obtain, provide and maintain at its own expense dunng 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) Autpmobile Liabih [ insurance Consultant shall maintainautomobileinsuranceatleastasbroadasInsuranceServicesOfficeformCA0001covering 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 Liahilt (Frrnrs R Omiaainna) insurancee Consultant shall maintain professional liability insurance {hat 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' Com nsation Insurance Consultant shall maintain Workers' Compensation Insurance (Statutory and Employer's Liability Insurance with limits of at least $1,000,000) Consultant shall submit to City, along with the certrficate 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 liabdrty 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 pnmary policies, and oledtnVeronca Tenelrna cel2es'Mss 1. r» servReilH2 lgieee,en 01.21 Rw,130 31 wcmr N1%.40OX 4- 270 Contract No C41450 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 G) Cyber Liability Insurance Consultant shall procure and maintain Cyber Liability insurance with limits of $1.000,000 per occurrence/loss, which shall include the following coverage 1) Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information, including credit monitonng and regulatory fines arising from such theft, dissemination or use of the confidential information 2) Network security liability arising from the unauthorized use of, access to, or tampenng with computer systems 3) Liability ansing from the failure of technology products software) required under the contract for Consultant to properly perform the services intended 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 3 211 2 Other Provisions or Reouirements 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 S) Duration of Coverane Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injunes 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) Pnmary/Non-C ntributirne 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 G HdalVerorlp Tapia%FiranceeBu,ress Lceneo $eruexstH4L.Agweaant 6 '.21 Rev 4.30 21 w coRUlmt4ocn 5- 271 Contract No. C41450 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 setf- insurance shall be called upon to protect it as a named insured D) Citv's Rlphts 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 AU 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 Bests 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 nght 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 Astor oil Consultant acknowledges and agrees that any actual or alleged failure on the part of the Cr y to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder H) Rqquirements Not Limiting Requirements of specific coverage features or limits contained in khis 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 shalt be available to the City 1) 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 G?RlaWcralce Terie'Fifls» t3usmess License $nnicas5t01 Acre *iI 5 1.21 Roo 430.2' w camm,ra.doc. 6- 272 Contract No C41450 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 Undisclnsed Cnverane Limitatinns 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 insurers limits of liability The policy(ies) shall not contain any cross -liability exclusions M) Pass Throuoh 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 responsibilrty 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) CitVs Richt to Revise Soecifiratinns The City and the City's Risk Manager reserve the right at any lime 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 0) 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 0) 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 3.3 Fees and Payments. 3 31 Compensation Consultant shall receive oompensafon, 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 proposed amount included in consultant proposal (Exhibit B) without wntten approval of the City Council or City Manager as applicable 3 3 2 Payment of Compensation Consultant shall submit to City monthly Cx lidalVoinwra Tapla1FIMIlOe1:,nCY. ulcer*. SeMCO*IdL rccm4n1 5121 Rev 4.3021 w commode. nw doca 273 Contract No. C91950 invoices which provide a detailed descnption 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 ctairns by the City for any reason whatsoever 3.3 3 Reimbursement fj, r Expenses Consultant shall not be reimbursed for any expenses unless authorized in writing b9 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 winch 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 authonzation from the City. 3.4 Labor Code Requirements. 3 41 Prevailing Wages Consultant is aware of the requirements of California Labor Code Section 1720, et seq , and 1770. et seq , as well as California Code of Regulations, Title 8, Section 16000, et seq , ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects If the Services are being performed as part of an applicable "public works" or maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777 5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability ansing out of any failure or alleged failure to comply with the Prevailing Wage Laws 3 4 3 )_abor Certifications 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 Mainterl nce an Ind ection Consultant shall maintain complete and accurate records with respecfto all costs aria 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 3':ba1Ve'onca 7avoisFn>1raUSUdnee: Ltonse $ lMteV41d. Pgrtomonl 3 1 21 Rev 4.30.11'A' oon'mels.da$ 8- 274 Contract No. C4t450 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 Anreement 3.6.1.1 r:rnrindc 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 sixty (60) days before the effective date of such termination Consultant may, by written notice to City, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to City of such termination, and specifying the effective date thereof: at least ninety (90) 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 3 61 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 61 3 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 wnting for this purpose Consultant City 1-idL Companies 120 S State College Blvd., Suite 200 Brea CA 92821 ATTN George Bannrn, Sales and Marketing abonnin tbdlcompanies corn City of Palm Desert 73-510 Fred Wanng Drive Palm Desert, CA 92260 ATTN Janet Moore, Director of Finance imoore n cttvoloalmdesert oft) 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 rlwnprchin of Materials and Confidentiality Wswe,Eaica 7 p''Windnc 45u9e,eaf Limrop $5rvce5sHcL A®IeeAlnn 5 171 R0:r42O 21'w o3nlnen:f.dcc n- 275 Contract No C41450 3.6 31 Documents & Data Licensing of Intellectual Pr ertv This Agreement creates a non-exclusive and perpetual license for Crdy, tocopy, use, moty, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data") All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished The reproduction expense shall be borne by City at the actual cost of duplication In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount Consultant shall have no nght 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 Pr9rwietary Information of Consultant As used in this Section, the term "proprietary information means any information that relates to Consultant's computer or data processing programs, data processing applications, routines, subroutines, techniques or systems, or business processes City shall hold in confidence and shall not disclose to any other party any of Consultant's proprietary information in connection with this Agreement, or otherwise learned or obtained by City in connection with this Agreement, unless disclosure is required under federal or state law including without limitation the Freedom of Information Act or the Public Records Request Act Consultant shall retain ownership and rights to all proprietary information. The obligations imposed by this Sectton shall survive any expiration or termination of this Agreement 3 6 3 3 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 subconsuttant 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 subconsuttants, or those provided to Consultant by the City 3 6 3 4 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 nsk. If City uses or reuses the Documents & Data on any project other than this Project. a 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 G S, da\Ve,men Tapaimer.thRunness 1.,m,a a $e,vi:edlbl. AO,marrt 5121 ROY 4.30.21 ci commonttdocx 10- 276 Contract No. C41450 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 5 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 nght 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 6 Confidentiatdv 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 pnor 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 Consuttant shall not use City's name or insignia, photographs of the Project, or any publrcrty 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 7 Confidential Information The Cdy shall refrain from releasing Consultant's propnetary 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 wntten 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 junsdiction requires that City release such information 3 6 4 Cnnneration 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 Cookvrative Purchasmo City acknowledges and agrees that any other public agency within the Slate (e g , city, county. district, public authority, public agency, municipality or other political subdivision) may procure services that are substantially similar to any of the Services set forth in this Agreement, provided that such public agency executes a separate agreement with Consultant wherein the fees payable for the services rendered to such public agency are the responsibility of such public agency and not City i.VdolWronoa TogoffiMrx'SauneesUanse Serncdw1d1 Ageemmt 5 11 Rev 4.30.21 a eommeats docx 11- 277 Contract No. C41450 3 6 6 Indemnification 3 6 6 1 To the fullest extent permitted by law, Consultant shall defend (with counsel approved by the City), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and ail 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, attomey'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 restncted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents volunteers or representatives 3 6 6 2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782 8), then, and only to the extent required by Civil Code section 2782 8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault 3 6 7 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements 3 6 8 Governing Law This Agreement shall be governed by the laws of the State of California Venue shall be in Riverside County 3 6 9 Time of Essence Time is of the essence for each and every provision of this Agreement 3.610 Citv's Riaht to Froqlow Other Consultants City reserves right to employ other consultants in connection with this Project 3 611 Successors and Assians This Agreement shall be binding on the successors and assigns of the Parties 3 612 As"vanment Suhrontractina Consultant shall not assign, sublet, or transfer this Agreement or any nghts 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 Constniction References Cat ions Since the Parties or their agents have participated fully in the preparation of this Agreemen;, the language of this Agreement shall be G:WnlVeroeieo Tapaffinannel8uaneet Ueenee SOrvbenMldL/grconxnt 5.121 Rev 45221 w'xoml3nla.50C.A 12 278 Contract No C41450 construed simply, according to its fair meaning, and not stnctly for or against any Party Any term referencing time, days or penod for performance shall be deemed calendar days and not work days All references to Consultant include all personnel, employees, agents, and subconsuttants 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 descnbe the scope, content, or intent of this Agreement 3 614 Amendment Modification No supplement, modification, or amendment of this Agreement shall be binding unless executed in wnting and signed by both Parties. 3 615 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, pnvilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise 3 616 No Third -Party Reneficianes There are no intended third party beneficiaries of any right or obligation assumed by the Parties 3 617 Invalidity, Severability If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent junsdiction, the remaining provisions shall continue in full force and effect 3 618 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, dunng 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 3 619 Authority to Enter Ac eement 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] C.ddoLVeronco loptfai90tto &la,noaa LI ona9 s¢MWard_ Awremnenl 2.21 HnV.:SU.11 w cVnAm,Ll uttx 13- 279 Contract No. C41450 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND HDL COMPANIES 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 HDL COMPANIES By L. TODD HILEMAN CITY MANAGER ATTEST By City Clerk APPROVED AS TO FORM obeli 'fangneaver By Best Best & Krieger LLP City Attorney REVIEWED BY JANET M MOORE Director of Finance e'rdalVorsacamapi*FiMrc<!Anincuuiunsc $cMiccS4dl A,r, 5121 REAP 4.30.21 w comm ects.docx writ By ;1/ Its PrintedName Gib„ PLEASE SEE THE ATTACHMENT 5/f/zoat 14- 280 C41450 Contract No. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document STATE OF CALIFORNIA COUNTY OF kJ' Anle--61 On Mft S Sem' 20Z1 before me, easy". 04N''` r- Notary Public, personally ppeared n8 4..j who proifed to me on the basis of satisfactory evidence to be the peson se ann{(eher) is/are'subscnbed to the within instrument and acknowledged to me that helsMe1the r executed the same in histhew heirauthonzed capacity(ies)r and that by his/hoc/thew stgnature(sjin the instrument the persortescor the entity upon behalf of which the person($ -acted, executed the instrument AI111TIrt lituStut COMM #2295515 z Ilet;rr Public Catitornta Les Angeles County tteAnsit grm<. dune 29 2023t I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correctWITNESSmy 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 IndividualCorporate Officer Partner(s) Title(s) Limited r. General Attorney -In -Fact II Trustee(s) t,i Guardian/Conservator 11 OtherSignerisrepresenting Name Of Person(s) Or Entfy(tes) C.We1Ver.^rice Topdflrurtsenina3SLlcena6 SeiicaatHdL ACre&e001 1 ] I lieN 4'el 71 w Mn11111,11N :xxa A{essl..,r ( ceivece,r<...w% Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above 15- 281 C41450 EXHIBIT "A" SCOPE OF SERVICES HDL COMPANIES PROPOSAL U.11.41WIuIVw' KVMi ,,iviunlfutmoss Lu:Is ieivsxsll EI. AOIOOORM 51.21 Rev 6,3521 wtOTmMIo doe.. Exhibit" As Contract No. 282 City of Palm Desert, CA TAX & FEE ADMINISTRATION SERVICES April 27, 2021 HdL° Companies SUBMITTED BY HdL Companies 120 S. State College Blvd., Suite 200 Brea, CA 92821 hdlcompanies.com CONTACTConnorDuckworth T: 714-879-5000 E: cduckworth@hdlcompanies.com 283 Scope of Service BACKGROUND: HdL Companies was founded in 1983 and since then has helped cities, counties, and special districts maximize revenues through allocation audits, financial and economic analysis As local tax experts, the firm also assists municipalities with Business License Administration Services, Business License Compliance and Audit Management, TOT Management, Short Term Rentals Discovery and Administration, Operations Support, Fee and Ordinance Analysis and other analytical services that allow cities and counties to expand the effectiveness of related internal operations Most of HdL's key staff members have extensive local government experience, having previously held positions in city management, finance, planning, economic development, or revenue collection As proposed, HdL will work with the City business license staff to assist with the administration of the City's business license program utilizing HdL's state of the art cloud -based business license software HdL's proposal for business license administration and management includes Business License Tax Oneratinns Management HdL will transfer the City's existing databases as they relate to business license tax into HdL's internal administration tools. HdL will maintain the data and provide access to or copies of data or reports atihe City's request While access to online systems will be available for the City to use at their discretion, the City will not be required to use or maintain any software in house for managing the business license registry HdL will work in conjunction with the City during the implementation, and on an ongoing basis, to establish clear primary roles for the City and HdL to jointly facilitate the program prior to implementation The City and HdL will mutually agree on procedures for administering the business tax on an ongoing basis Renewal Processing — Send active business license accounts a renewal notice within 45 days of the renewal period ending Accounts will receive all applicable forms necessary to complete the renewal process. New Account Processing — HdL will process any new business license applications and complete the new account registration process in a timely fashion HdL will also facilitate intra-city departmental approvals such as zoning, code compliance, fire inspection, and other regulatory related functions Delinquent Account Processing — HdL will endeavor to collect delinquent accounts through a senes of City approved processing methods This will include at minimum two follow up delinquent notices and up to two additional contacts via letter, email, or telephone Delinquent accounts will be collected with full penalties as allowed by the Municipal code or through current City practices Accounts that remain delinquent will be processed through the City approved processes established in HdL's collections component of the Compliance Management Program On -Line Filing & Payment Processing — HdL registers a City approved domain name which will serve as the starting point for all web -based activities This City specific site is designed to look and feel like the City's own web pages and ensures a level of continuity between the business community, the City, and HdL With HdL Flex File businesses can choose to file their new business registration as well as renew their license and make payments via our on-line filing portal In addition to filing and paying for taxes, businesses can obtain copies of applications, general support and FAQs, schedule appointments and request copies of their tax registration all with the click of a button Our on-line services underscore HdL's commitment to excellence in customer service and education by continually improving the registration and payment experience for the business community Payment Posting/Processing — HdL will process mail, online and phone payments in an expedited manner The City will process payments received in person at the counter License accounts will be updated daily with 284 payment information and revenues received by HdL will be disbursed to the City net HdL's service fees at an interval to be determined with the City during project implementation. HdL's payment acceptance process accepts the following payment types Check / Money Order! Cashier's Check E-CheckDebitCardsCreditCards (Visa, Mastercard, Discover, & American Express) Check by Phone Business Support Center — HdL will provide businesses with multiple support options far registenng, renewing, making payments and for general inquiries A toll -free number will be provided to businesses in order to access one of our license specialists Monday -Friday 8 00am to 5 Oopm Pacific Businesses will also have access to support via, e-mail, fax, and via the Business Support Center On -Line HdL constantly monitors quality control points to ensure courteous customer service, minimal hold times under 2 minutes and the return of voice messages the same business day Business License Tax - Revenue Discovery Enriched Data Portfolio / Lead Identification — Utilizing data provided by the City, as well as the HdL Enriched Data Portfolio (EDP), HdL's team builds an enhanced listing of entities subjected to Iicensure or taxation including, but not limited to, those businesses physically located in the City, itinerant businesses, and entities participating in the sharing economy such as short-term rentals (STRs), drive sharing services and others. These entities are electronically matched to the existing files of the City using advanced data matching algonthms, allowing HdL staff to identify which entities are compliant and which entities require follow up Field Surveys — Experienced field crews, equipped with the most advanced tools available (mobile mapping/GPS systems, tablet computers pre -loaded with various City and state-wide databases, etc) may canvass commercial areas of the City to develop and enhance the leads identified in the EDP Field Surveys provide additional inventories of active businesses as well as to provide on -site venfications of data culled from other sources Exception Resolution — Records are reviewed by our skilled team members, filtenng out records that may lead to erroneous contacts This extra step allows staff to find additional revenues not otherwise identifiable through electronic means and assists in reducing potential complaints levied at City staff and management from pursuit of false positives Compliance Communication and Outreach — Upon exception resolution, HdL staff initiates contact with the identified entities through a senes of City approved communication methods HdL makes every effort to simplify the process for taxpayers and utilizes a variety of mediums for communication including mail, telephone, email, and web -site access Potential non -compliant entities are notified of their options to comply or dispute their non -compliant status Initial notification packets include everything a business needs to become compliant and multiple methods of resolving their accounts Business Support Center — HdL operates a business support and service center where the business community can access expert staff during normal business hours Businesses calling our toll -free line can expect minimal hold times along with access to a variety of options which include filing support, payment options, resolution of specific tax issues and other services designed to reduce the burden of registering and filing taxes Our team of experts, including our resident Certified Revenue Officers (CRO), implements a business friendly and education centric approach to supporting the business community in all aspects of the management and compliance process 285 Business Support Center —Online — Businesses are encouraged to take advantage of the range of services available on-line, 24 hours a day, seven days a week. With HdL Flex File, businesses can choose to file their new business registration as well as make payments via our on-line filing portal In addition to filing and paying for taxes, businesses can obtain copies of applications, general support and FAQs, schedule appointments and request copies of their tax registration all with the click of a button Our on-line services underscore HdL's commitment to excellence in customer service and education by continually improving the registration and payment experience for the business community Document Submission / Processing — Whether the taxpayer chooses to respond by mail, email or our online filing website, each application submission is reviewed for completion and accuracy prior to processing Any additional documentation needed to complete the approval of a submission, such as a home occupation pennd, can also be requested or forwarded to other City departments either as a pre -requisite or as a courtesy to the business All submissions are filed and stored electronically and made available to the City via standard reporting processes or upon request Invoicing — Once an application is approved, invoices are forwarded to the taxpayer indicating detailed tax calculations and balances owed Taxpayers are provided the opportunity to pay their balances via mail, online, or over the phone services Taxpayers will also have continued access to our Business Support Center for any questions or disputes ansing from the invoice process Registry Update — Upon collection of all requirements which may include the payment, application and/or other documentation, HdL will prepare a Registry Update package to include payment as well as copies of all taxpayer correspondence and other relevant information Data in the City registry file stored in the HdL Prime Software Suite is updated daily with packages from the Compliance Management Services Once completed, the business will be processed through the standard processes approved through the HdL Operations Management Component. Business License Tax — Audits Only Analysis & Selection — Audit candidates are selected using a variety of selection methodologies developed by our audit team using decades of business license tax audit expenence Preliminary analysts reports on each business selected are shared with the City prior to moving through the audit phases Audit Notification & Scheduling — Businesses selected by HdL and approved by the City are sent a letter notifying them of a scheduled Compliance Analysis Audit Every effort is made to promote a positive experience for the taxpayer A detailed description of the requirements and relevant documentation required for the audit is provided to the business 2 weeks in advance of the proposed audit date If the business is unable meet the audit date selected by the City all efforts to reschedule the audit to a more accommodating date will be made Businesses are also afforded the opportunity to schedule flexible appointment times by contacting the Business Support Center or visiting our online support center Compliance Analysis & Audit — The HdL audit team will audit the financial records of the business to determine compliance with business tax regulations HdL validates taxing variables such as gross receipts and other relevant information for determining compliance In addition to identifying underreporting issues, the HdL Audit Program will also focus on other compliance related issues such as assunng correct classifications, multiple location allocation, apportionment issues, and identifying business to business relationships that may create tax liability for 3nd parties Audit & Compliance Report — Upon completion of the audit and analysis, and pnor to additional actions, a compliance report will be generated and reviewed with the City The report will indicate specific results of the review and recommended future actions Documentation that substantiates the findings in the report will be included with the report to assist the City and HdL in determining next step of the process 286 Deficiency and Commendation Notification — Upon final review of the audit and analysis report businesses that are found to have deficiencies will be notified of the findings as well as the payment and appeal processes HdL will also work with businesses found to be defiaent to explain the current findings and educate taxpayers on proper future filing procedures so as to prevent future errors and deficiencies Businesses found to be in compliance, will be sent a commendation letter thanking them for their compliance Invoicing & Collections — Business found to be underreporting are invoiced through the standard City approved collections process Balances are collected and remitted along with supporting documentation to the City through the approved remittance processes Transient Occupancy Tax — Operations Management Services HdL's transient occupancy tax administration service goes beyond scheduled cyclical audits, providing compliance monitoring of each return as it is filed while unburdening the City from the day-to-day administration of the TOT revenue program Continual monitonng of returns is the optimal way to increase compliance: while maintaining positive relations with the City's lodging providers The program is education focused, ensunng that lodging providers are clear on reporting requirements and methodology HdL's tax administration professionals are available as needed to support both the City's team and the Citys lodging providers The City is kept up to date, with 24x7 online access to HdL's client portal containing real time access to registration and filing data, and management reporting HdL's TOT administration service incorporates all of the following Tax Registration Database Management— HdL will transfer the City's existing databases as they relate to TOT into HdL's internal administration tools HdLwill maintain the data, software, online filing portal for lodging providers, and online client portal for the City Return Processing — HdL will process TOT filings within 5 days of submission Accounts will receive all applicable forms necessary to complete the renewal process New Account Processing — HdL will process any new TOT registrations for Lodging Establishments that change hand or newly offered properties Payment Posting 1 Processing — HdL will process all payments made for new and existing lodging providers Accounts will be updated with payment information and revenues will be remitted to the City net HdL's fees on no less than a monthly basis On -Line Filing & Payment Processing — With input from the City, HdL crafts a customized website and domain for the City's taxpayers to submit online forms, returns, and payments along with other customer support related items Compliance Monitoring & Lodging Provider Audits — HdL will ensure accurate filings of TOT returns by consistently monitoring returns and educating lodging providers on filing requirements HdL will also provide cyclical compliance audits as mutually agreed to by the City and HdL, ensuring all providers are audited at least once every three years Reports — HdL's TOT administration service includes a variety of standard reports demonstrating account activity and filing trends Dunng service implementation HdL will work with the City to identify reporting requirements and frequency/method of delivery and will supplement our standard service with custom reports as needed to meet the City's requirements 287 Progress Payments — HdL's TOT administration service is billed monthly based on activity completed during the prior month. If standalone audits are conducted, they are billed only upon completion of the audit. Customer Support Center — HdL will provide lodging providers with muttiple support options for registering, filing returns, making payments and for general inquiries A toll -free number will be provided to businesses in order to access one of our tax specialists Lodging providers will also have access to support via e-mail, fax, and the online Business Support Center Annual Audit Plan — During implementation, HdL gathers all the historical data available from the City and leverages internal data sources and expertise to provide an analysis of all lodging providers, along with a recommended audit schedule This allows HdL to work cooperatively with the City to identify the entities that require attention first HdL works directly with the City to ensure consensus on the audit schedule for the program. Transient Occupancy Tax - Audit Onlv Service HdL's Transient Occupancy Tax Audit Service employs a business-fnendly approach which educates hoteliers in transient occupancy tax regulations and filing procedures, ensures compliance, and maximizes agency revenues The process incorporates the following Ordinance and Filing Procedure Review — Analysis of Transient Occupancy Tax ordinances and agency procedures are conducted to identify possible deficiencies or other administration related issues Recommendations are made by the audit team for items such as to best practices, form design, and potential ordinance modifications to insure the most effective policies and controls Analysis Report—HdL's audit team will obtain and conduct a review of the most recent 36 months of transient occupancy tax filings In order to verify and augment the data, the audit team will compile a variety of supplemental information on each property, including number of rooms, occupancy rate, physical condition, and business dynamics Data is then further scrutinized in order to identify unusual or suspicious reporting and/or other variables that indicate cause for further review Information and findings are documented in the analysis report for review with the Agency Analysis Review— Upon completion of the analysis report, meetings are scheduled with the agency to review the results as well as identify and recommend lodging providers who require additional investigation or examination to determine their compliance with the Agency's ordinance Audit Notification & Scheduling — Lodging providers selected by HdL and approved by the Agency for an audit are sent a letter and scheduled for a Compliance Analysis Audit Every effort is made to promote a positive experience for the taxpayer Lodging providers will be reminded of the documents required for the audit that were discussed in webinars and previous communications Lodging providers are afforded the opportunity to schedule flexible appointment times by contacting the Business Support Center or visiting our online support center Compliance Analysis & Audit — The HdL audit team reviews the books and records of the lodging provider to determine compliance with transient occupancy tax regulations HdL validates taxable gross rents, exemptions, bank statements, daily/monthly summanes, and other relevant information for determining compliance Supporting documentation for relevant items such as exemptions will also be documented for accuracy Audit & Compliance Report — Upon completion of the audit and analysis, and prior to additional actions, a compliance report is generated and reviewed with the Agency The report indicates specific results of the reviews and recommended actions Documentation will be included with the report to assist the Agency and HdL in determining next steps 288 Deficiency and Commendation Notification — Upon final review with the Agency, lodging providers that are found to have deficiencies are notified of the findings as well as payment and appeal processes Appointments are also scheduled to review the findings and educate taxpayers on proper filing procedures designed to prevent future errors and deficiencies Lodging providers found to be compliant are sent a commendation letter thanking them for their cooperabon and compliance Invoicing & Collections — Lodging providers found to be underreporting are invoiced through the standard Agency approved collections process identical to the procedures approved for other Programs Balances are collected and remitted along with supporting documentation to the Agency through approved remittance processes Short Term Rental - Operations Management Services The Short -Term Rental (STR) Program provided by HdL takes a unique approach In ensuring compliance and educating lodging providers, including short term rental hosts (STR Hosts), in transient occupancy tax regulations and filing procedures, regulatory permits and licensing, and other City specific goals and objectives HdL's program involves a modular, customer service centric approach, that reduces Crty administrative costs and provides the City with assurances of future compliance and reporting practices from the City's short-term rental lodging industry HdL's modular approach starts with a detailed analysis of STR listing on a vanety of published methods: including Airbnb, Home Away, VRBO: etc This process creates a full inventory of short-term rentals within the City's proscribed geographic boundary, including the full name of the owner and the physical address of the unit. Each STR is tracked and updated nightly with valuable data that can include items such as number of nights rented, average occupancy rates, room rates, as well as trend and usage reporting Following identification, HdL conducts a targeted education and compliance campaign designed to inform STR Hosts of their obligations to file and remit taxes and other requisite licenses and permits as may be needed Each lodging provider is provided a full overview of the requirements and how to best comply both in the present and the future During the registration process, HdL offers a variety of support options to the community including online filing, file -by -phone, email, and registration via standard mail HdL tax and license specialists are available throughout the process to provide support to the STR community and to assist in the registration process Once registered, accounts move into a standard administration process. HdL manages the filing of tax returns and other prerequisites on a quarterly or monthly basis, depending on City requirements This includes mailing of tax returns, processing of payments, customer support, delinquency follow up, and the development and management of an online portal for registration, filing, payments, and other support related needs STR Identification & Monitoring HdL compiles a Irst of all actively posted short term rentals available from a wide array of sources Lists are compiled and aggregated to accommodate duplicate listings from various sites During the identification and monitoring process. HdL will Scan over 20 different rental sites, including global aggregators like HomeAwayNRBO Airbnb, Turnkey coin, and Booking corn, national aggregators like Vacasa and Turnkey and small, local property management firms , Match Listings to specific parcels using GIS and property tax assessor data 289 Create comparison reports to determine which properties may already be compliant or registered and paying taxes Provide visual map of all listings within the City Record listing details such as start date, various sites linked to, other information necessary for documenting evidence of STR activity, and Continually monitor actively to identify and record new listings and closures to ensure accurate real-time identification and monitoring Edrrcatinn. Raoistration and Comnliance Using the list of active STR listings, HdL conducts a series of City approved education -based programs ranging from mailers to direct phone contacts Each packet contains all the information necessary to obtain registration and comply with local requirements HdL assists STR hosts throughout the program with information and support with all aspects of becoming compliant. During this program, HdL will Validate listing to ensure proper identification and filter out records that may lead to erroneous contacts Notify non -compliant entities with a senes of education -based packets designed to garner compliance Provide a support center for assistance with general questions, support and assistance with filing and paying returns Provide online portal with links to FAQs, education packets, and support for registering, filing returns, and making payments online Follow up with non -compliant accounts to obtain registration Work with City to identify additional requirements and ensure collection of data necessary to enforcement procedures Establish optional implementation items such as amnesty programs, back tax and penalty provisions, and other pre-registratron programs 290 EXHIBIT "B" COMPENSATION Business License Tax & Fee Administration Services Business License Operations Management Hybrid software implementation, hosting, use andsupport Business Tax Compliance (Discovery/Audits) Business Tax Collections Payment processing fees 15 001processed account + CPI 15,000 1 °t year, $8,000 + CPI per year thereafter 35% of all collected revenue 25% of all collected revenue Agency funded - 2 9% credit cards, $0 50 eCheckConvenience fee - 2 9%. minimum $2 00 POTENTIAL FUTURE ADDITIONAL SERVICES Short Term Rental Operations Management $15 OO\monthly filing + CPI Short Term Rental Permitting S20\penmt application +CPI Short Term Rental Compliance Services 35% of all revenue collected Multiservice Discount Opportunity Eligible if bundled with HdL Sales Tax Services attime of agreement 1s1 year hybnd access cost is reduced to 58,000 (a $7,000 savings) In the event that this Agreement is renewed pursuant to Section 31 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 Pnce Index, All Urban Consumers. Los Angeles -Riverside -Orange Counties ] utdawmcrica-0.ffinsntezusbcs: L,cmle S ivcc:t:dt :V OKIII r[ 51.2f Rev A.30.21 w codnie t6do2x 291 Business License Service Agreement Final Audit Report 2021-05-07 Created 2021-05-07 By Veronica Tapia (vtapia@cityofpalmdesert org) Status Signed Transaction ID CBJCHBCAABAAe1 H5_nF5hKseToPNBsIAVAO7VDafUK5U Business License Service Agreement" History t Document created by Veronica Tapia (vtapia@cityofpalmdesert.org) 2021-05-07 -4 54.59 PM GMT- IP address 64 60 5.80 E. Document emailed to Todd Hileman (thileman@cityofpalmdesert.org) for signature 2021-05-07 -4.56.21 PM GMT t Email viewed by Todd Hileman (thileman@cityofpalmdesert.org) 2021-05-07 - 5.07.48 PM GMT- IP address 104 143 198 160 Oe Document e-signed by Todd Hileman (thileman@cityofpalmdesert org) Signature Date 2021-05-07 - 5:08 07 PM GMT - Time Source server- IP address 47 184 100 74 O Agreement completed. 2021-05-07 - 5:08:07 PM GMT 0 Adobe Sign 292 Business License Service Agreement - signed Final Audit Report 2021-05-07 Created 2021-05-07 By Janet Moore gmoore@cityofpalmdesert.org) Status Signed Transaction ID CBJCHBCAABAAgkSu5mcMzN0Y90AgiuvJU38yunHLvGlb Business License Service Agreement - signed" History in Document created by Janet Moore (jmoore@cityofpalmdesert org) 2021.05.07 -6:31 38 PM GMT- IP address 64 60 5.80 A Document e-signed by Janet Moore (jmoore@cityofpalmdesert org) Signature Date 2021-05-07 - 6:33 03 PM GMT - Time Source server- IP address 64 60.5.80 Document emailed to Gloria Sanchez (gsanchez@cityofpalmdesert org) for signature 2021-05-07 - 6.33.07 PM GMT in Email viewed by Gloria Sanchez (gsanchez@cityofpalmdesert org) 2021-05-07 - 7.22.21 PM GMT- IP address 104 128.25 28 A Document e-signed by Gloria Sanchez (gsanchez@cityofpalmdesert.org) Signature Date 2021-05-07 - 7.22.49 PM GMT - Time Source server- IP address 64 60.5.80 c'. Document emailed to Robert Hargreaves (robert hargreaves@bbklaw com) for signature 2021-05-07 - 7 22 53 PM GMT 9 Email viewed by Robert Hargreaves (robert hargreaves@bbklaw com) 2021-05-07 - 8:12.58 PM GMT- IP address 45.41 142 15 4 Document e-signed by Robert Hargreaves (robert.hargreaves@bbklaw com) Signature Date 2021-05-07 - 8 14 08 PM GMT - Time Source server- IP address 74 116.243.2 O Agreement completed 2021.05.07 -8.14.08 PM GMT 0 Adobe Sign 293 294 Contract No. C41450 Page 1 of 3 Revised 01-2024 BBK 72500.00001\32445060.1 AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND HINDERLITER, DE LLAMAS AND ASSOCIATES 1. Parties and Date. This Amendment No. 2 to the made and entered into on April 10, 2025, between the City of Palm Desert (“City”) and Hinderliter, De Llamas and Associates (also known as HdL Companies), a Corporation, with its principal place of business at 120 S. State College Blvd., Suite 200, Brea, CA. 92821 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Recitals. 2.1(a) Agreement. The City and Hinderliter, De Llamas and Associates have entered into an agreement entitled “Professional Services Agreement” dated April 30, 2021. (“Agreement” or “Contract”) for the purpose of retaining the services of Hinderliter, De Llamas and Associates to provide Business License Tax and Fees Administration. 2.2(b) Amendment No. 2. The City and Hinderliter, De Llamas and Associates desire to amend the Agreement to Extend the Term. 2.3(c) Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3.6.14 of the Agreement. 3. Terms. 3.1(a) Term. Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows: The term of this agreement shall be from April 30, 2021, to April 30, 2026, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedule and deadlines. Exhibits “A” and “B” are hereby deleted in their entirety and replaced with Exhibit “A-1”, attached hereto and incorporated herein by reference. 3.2(b) Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2. 3.3(c) Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2. 3.4(d) Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or Amendment Number Amendment Description Amendment Date 1 Extend Term 03/24/2022 295 Contract No. C41450 Page 2 of 3 Revised 01-2024 BBK 72500.00001\32445060.1 otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5(e) Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] 296 Contract No. C41450 Page 3 of 3 Revised 01-2024 BBK 72500.00001\32445060.1 SIGNATURE PAGE FOR AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND HINDERLITER, DE LLAMAS AND ASSOCIATES IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 to the Professional Services Agreement as of the day and year first above written. CITY OF PALM DESERT By: Chris Escobedo Interim City Manager Attest: By: Anthony J. Mejia City Clerk Approved as to form: By: Isra Shah Best Best & Krieger LLP City Attorney HINDERLITER, DE LLAMAS AND ASSOCIATES, A CORPORATION. By: Richard Park CFO By: Joshua Davis VP of TFA City Clerk QC: _____ Contract QC: _____ Insurance: _____ Initial Review _____ Final Approval 297 Business License Tax and Fees Administration SCOPE OF SERVICES Consultant will provide the following Services relative to Client’s business license tax administration. 1. Operations Management Services 1.1. Maintain a database of Client businesses. 1.2. Receive and process applications, renewals and payments in a timely fashion. 1.3. Send renewal notices to active businesses within 30 days of the renewal period end date. 1.4. Provide multiple options for businesses to submit applications, renewals, or payments and to request support (including via website, email, mail, phone, and fax.) Consultant license specialists will be available for live interactions Monday through Friday, 8:00am to 5:00pm Pacific. 1.5. Remit revenue no less than monthly to Client. 1.6. Provide Client staff access to website portal offering business registry inquiry, reporting, and electronic department approval capabilities. 2. Compliance Services: 1) Identify and register businesses which are subject to licensure or taxation, 2) collect known debt as pertains to business license or tax. 2.1. Discovery Services – Applicable to accounts in Discovery process as of or prior to March 31, 2025. 2.1.1. Notify non-compliant businesses of their options to comply or dispute their non- compliant status. Notification and support to businesses will be facilitated through the website, mail, email, phone and fax. 2.1.2. Review information and forms submitted by the business for completion and accuracy, inclusive of any additional required documentation (i.e. home occupation permit). All submissions are filed and stored electronically and made available to Client upon request. 2.1.3. Provide businesses with detailed invoicing and options to pay via website, mail, and phone. 2.1.4. Remit revenue to Client no less than monthly, along with all business applications and any additional documentation. 2.2. Collection Services 2.2.1. Identify businesses subject to Client licensure or taxation which have known debt to Client and have failed to pay within an appropriate time frame. 2.2.2. Notify businesses of their options to comply or dispute their non-compliant status. 2.2.3. Provide businesses with detailed invoicing and options to pay via website, mail and phone. 2.2.4. Remit revenue to Client no less than monthly. 3. Online Payment Processing – Consultant’s services include PCI compliant payment processing services which support both credit card and eCheck transactions. 3.1. Client Responsibilities 3.1.1. As a condition to its receipt of the Service, Client shall execute and deliver any and all applications, agreements, certifications or other documents required by Consultant’s payment processor, Networks or other third parties whose consent or approval is necessary for the processing of Transactions by Consultant’s payment processor. “Network” is an entity or association that operates, under a common service mark, a system which permits participants to authorize, route, and settle Transactions among themselves, including, for example, networks operated by VISA USA and Mastercard, Inc., NYCE Corporation, American Express, and Discover. Exhibit "A-1"298 3.1.2. Client hereby grants Consultant the full right, power and authority to request, receive and review any Data or records reflected in a Transaction report. Client represents and warrants that it has the full right and authority to grant these rights. FEES 1. Operations Management Services 1.1. Fees for performing operations management Services shall be $20.00 for each processed account, which is any account for which an application or renewal/return was processed, or active account which was sent a renewal notice. 1.2. If this contract is extended beyond April 2026, then fees will be increased as of January 1st of each calendar year (beginning January 1, 2027) with reference to the 12-month percent change in the most recently published annual Consumer Price Index for All Urban Consumers (CPI-U), West Region, as reported by the U.S. Bureau of Labor Statistics (the “CPI Change”). Each annual increase in the Fees will be equal to the greater of two percent (2%) or the actual CPI Change and the lesser of ten percent (10%) or the actual CPI Change. For example, if the actual CPI Change is 1.5%, then the annual increase will be 2%, if the actual CPI Change is 3.5%, then the annual increase will be 3.5%, and if the actual CPI Change is 12%, then the annual increase will be 10%. 1.3. Fees related to travel and lodging expenses are billed at cost and apply to all meetings (including implementation, training, operations and support). Travel expenses only apply to out-of-scope travel and must therefore be pre-approved by Client. 1.4. Fees will be invoiced monthly to Client for Services performed during the prior month. Fees will be netted out of Client’s monthly revenue disbursement. Client will submit payment for any balance due to Consultant within 30 days of receiving the invoice. 2. Compliance Services 2.1. Fees for performing compliance Services apply to all monies received for the current tax/license period and any other prior period collected (including monies received for taxes, penalties, interest, and fees). 2.1.1. Fees for performing discovery Services shall be a contingency Fee of 40% of the revenues received as a result of the Services. 2.1.2. In the event that Client discovers a non-compliant business and reports the business to Consultant (including a calculation of all taxes/fees due), Consultant will categorize the business as a collection service effort and thus apply the lower collection Services contingency Fee rate. 2.1.3. Fees for performing collection Services shall be a contingency Fee of 25% of the revenues received as a result of the Services. 2.2. Consultant recognizes Client’s authority to waive or reduce the tax/fee debt of a business. Should Client decide to do so for a business whose deficiency was identified by Consultant, Consultant shall be entitled to compensation in the amount of one half (1/2) of the Fees Consultant would have otherwise earned. Deficiencies which are uncollectable due to insolvency or dissolution of the business, or for deficiencies which are otherwise incapable of collection (i.e. statute of limitation or other legal defense) shall not be considered a Client voluntary election to waive, and thus, Consultant would not be entitled to compensation related thereto under this provision. 2.3. The fee shall be paid notwithstanding any related Client assistance, work in parallel, and/or incurrence of attorneys’ fees or other costs or expenses in connection, with the relevant Services. Exhibit "A-1"299 2.4. Fees related to travel and lodging expenses are billed at cost and applied to all meetings (including implementation, training, operations, and support). Travel expenses only apply to out of scope travel and must therefore be pre-approved by Client. 2.5. Fees will be invoiced monthly to Client for Services performed during the prior month. Fees will be netted out of Client’s monthly revenue disbursement. Client will submit payment for any balance due to Consultant within 30 days of receiving the invoice. 3. Payment Processing – Consultant will configure payment processing services to utilize either a taxpayer funded model (convenience fee) or Client funded model, as directed by Client. Client may switch between these models upon written request to Consultant. Fees for each of these payment processing models are detailed here. 3.1. Taxpayer funded model – Client authorizes Consultant to collect each convenience fee from the taxpayer at time of payment. 3.1.1. Credit and debit card processing – 2.9% of transaction amount, minimum of $2.00 3.1.2. ACH/eCheck processing - $2.50 per transaction 3.2. Client funded 3.2.1. Credit and debit card processing – 2.9% of transaction amount 3.2.2. ACH/eCheck processing - $0.75 per transaction 3.3. Returned payments/NSF fee – Each occurrence of a card chargeback, returned payment or insufficient funds will incur a fee of $25.00, to be applied to the taxpayers account. 3.4. Consultant reserves the right to review and adjust pricing related to payment processing services on an annual basis. Consultant will communicate any such adjustment to Client in writing, with 60 days advance notice. Items that will be considered in the review of fees may include, but are not limited to: regulatory changes, card association rate adjustments, card association category changes, bank/processor dues and assessments, average consumer payment amounts, card type utilization, and costs of service. Exhibit "A-1"300 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 10, 2025 PREPARED BY: Daniel Hurtado, Public Safety Analyst Angelique Hodges, Management Aide SUBJECT: AMENDMENT NO. 1 TO CONTRACT NO. C47070 WITH FLOCK SAFETY FOR EXPANSION OF AUTOMATED LICENSE PLATE RECOGNITION (ALPR) SYSTEM; APPROPRIATION AND USE OF CITIZENS OPTION FOR PUBLIC SAFETY/SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS RECOMMENDATION: 1. Approve Amendment No. 1 to Contract No. C47070 with Flock Safety in the amount of $138,750 for the purchase and installation of 44 additional cameras. 2. Authorize appropriation in the amount of $133,000 from Fund 229-Public Safety Supplemental Law Enforcement Services Fund Balance (COPS/SLESF) to Account No. 2294210-4391400. 3. Authorize the City Manager to execute Amendment No. 1 and any necessary documents, and to make non-monetary modifications as needed. BACKGROUND/ANALYSIS: On February 15, 2024, the City Council approved a five-year agreement (Contract No. C47070) with Flock Safety to consolidate earlier phases of the City's ALPR program and secure a fixed subscription rate of $2,500 per camera per year for 113 units through June 30, 2029. Due to the program’s ongoing success in aiding real-time investigations, recovering stolen property, and deterring crime, staff recommends expanding the City’s Automated License Plate Recognition (ALPR) system by 44 additional cameras. Deployment will be based on input from the Riverside County Sheriff’s Department (RSO), with priority on ingress/egress locations and public safety corridors. The Live View cameras will be implemented as part of a 90 -day pilot program, designed to evaluate the system’s operational value, community acceptance, and governance framework. The program includes: Community outreach and education to increase transparency and awareness Public engagement through surveys and scheduled public viewing sessions Policy development and oversight refined in coordination with RSO Feedback collection from residents, businesses, and stakeholders 301 City of Palm Desert Flock Amendment No. 1 C47070 Page 2 of 3 At the end of the pilot, the City Council will review the results and may choose to: Continue the program as proposed Halt further implementation Modify its scope or governance This approach balances innovation with public input and ensures alignment with City values and community expectations. To secure favorable pricing and eliminate implementation fees, the City submitted a non-binding Letter of Intent (LOI) to Flock Safety. The LOI locks in current pricing through June 30, 2029 and provides a 100% waiver of implementation fees through April 15, 2025, generating $10,400 in cost savings. Hardware Costs (One-Time Purchase) Camera Type Quantity Unit Price Subtotal Standard ALPR Captures license plate data and vehicle characteristics 29 $3,000 $87,000 Fixed/Flex ALPR Location-flexible license plate recognition for temporary coverage 3 $3,250 $9,750 Live View Cameras Evidence-capturing devices in real-time 9 $3,000 $27,000 Long-Range ALPR Captures clear images of vehicles traveling at high speeds over long distances 3 $5,000 $15,000 Gross Total for New Cameras 44 — $138,750 *All cameras feature ALPR capabilities, with variations in range, mobility, and live video functionality Annual Subscription Costs Group Qty Rate/Camera Annual Breakdown 5-Year Total Existing (Locked Rate) 113 $2,500 $282,000 $1,412,500 New (Current Rate) 44 $3,000-$5,000 $138,750 $693,750* Combined 157 — $421,250 $2,106,250 *This amount reflects the 48-months remaining in the 5-Year Agreement. The COPS/SLESF program (AB 3229) provides a minimum annual grant allocation of $100,000 to cities for frontline law enforcement purposes. As of the date of this report, the City has sufficient funding available. Staff request an appropriation of $133,000 from the COPS/SLESF Fund Balance (229) to support this purchase. Legal Review: 302 City of Palm Desert Flock Amendment No. 1 C47070 Page 3 of 3 This report has been reviewed by the City Attorney’s Office. Strategic Plan: This project directly supports Priority 1 of the City’s Strategic Plan: Enhance the Delivery of Public Safety Services, by leveraging technology to strengthen law enforcement efforts, improve response times, and support investigative operations. FINANCIAL IMPACT: The allocation of COPS/SLESF monies will fund the new equipment. The Riverside County Auditor Controller allocates the grant award in the County’s Supplemental Law Enforcement Services Account (SLESA) annually. The funds are then deposited into Fund 229 COPS/SLESF Grant Monies, established by the City. While there is currently a small fund balance on the account, an appropriation in the amount of $133,000 to Account No. 2294210-4391400 is necessary to facilitate this request. There is no direct financial impact to General Fund with this action. The annual subscription cost will be included as part of the FY 2025-26 Annual Budget request. ATTACHMENTS: 1. FLOCK Agreement C47070 (Original) 2. Palm Desert Police Department (RSO) SLESF Expenditure Plan 3. California Government Code Section 30061 4. Flock Amendment No. 1 C47070 DRAFT 303 304 Contract No. C47070 CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. Parties and Date. This Agreement is made and entered into this 15th day of February, 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 FLOCK GROUP INC DBA FLOCK SAFETY, a Corporation, with its principal place of business at 1170 Howell Mill Road, NW Suite 210, Atlanta, Georgia 30318 ("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: Automated License Plate Recognition Software Subscription 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. Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit "A-1" and attached hereto and incorporated herein by reference ("Federal Requirements"). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. 3.1.2 Term. The term of this Agreement shall be from July 1, 2024, to June 30, 2029, unless earlier terminated as provided herein. 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 Revised 07-2023 BBK 72500.00001132374915 1 305 Contract No. C47070 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 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: Tonia Crump, Customer Success Manager, Major Accounts.. 3.2.5 City's Representative. The City hereby designates L. Todd Hileman, City Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Tonia Crump, Customer Success Manager, Major Accounts, 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. City staff in the performance of Services and shall be other staff at all reasonable times. 2 Consultant agrees to work closely with available to City's staff, consultants, and Revised 07-2023 BBK 72500,0000IM374915 1 306 Contract No. C47070 3.2.8 Standard of Care: Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant 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 3 Revised 07.2023 BBK 72500.00001132374915.1 307 Contract No. C47070 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 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 Egual 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. RESERVED 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 4 Revised 07-2023 a8K 72500.00001W3749151 308 Contract No. C47070 accident. The City's Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. C) Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. D) Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance 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 uncoilectible 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,. Consultant shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss, which shall include the following coverage: 1) Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination, or use of the confidential information. 61, ReYmM 07-2023 96K 72500,00001132374915.1 309 Contract No. C47070 2) Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. 3) Liability arising from the failure of technology products software) required under the contract for Consultant to properly perform the services intended. 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 Reauirements. A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B) Duration of Coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. C) Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self- insurance shall be called upon to protect it as a named insured. D) City's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems 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, Revised 07-2023 BBK 72500.00001132374415 1 310 Contract No. C47070 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. 1) 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. 7 Revised 07-2023 68K 72500.00001432374915 1 311 Contract No. C47070 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. 0) Self -Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City's ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies of this Section. 3.3 Fees and Payments, 3.3.1 Compensation. 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 MILLION, FOUR HUNDRED TWELVE THOUSAND, FIVE HUNDRED E Revised 07-2023 B8K 72500.000DIU2374915.1 312 Contract No. C47070 DOLLARS ($1,412,500.00) without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5. 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance i Rewsed 07-2023 BBK 72500.00001132374815 1 313 Contract No. C47070 monitoring and enforcement by the DIR It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant's performance of Services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify. and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days' written notice, order work on the Project to cease. Upon 10 Revised 07-2023 88K 72500.0000IM374915.1 314 Contract No. C47070 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: FLOCK GROUP INC dba FLOCK SAFETY 1170 HOWELL MILL ROAD, NW SUITE 210 ATLANTA, GA, 30318 ATTN: TONIA CRUMP, CUSTOMER SUCCESS MANAGER, MAJOR ACCOUNTS City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 ATTN: L. TODD HILEMAN, CITY MANAGER Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data: Licensing of Intellectual Proverty. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the 11 Rewsed 07.2023 BBK 72500.00001132374915.1 315 Contract No. C47070 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 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 12 Revised 07-2023 13BK 72500A MIM374915.1 316 Contract No. C47070 jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information_ Consultant shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non -appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 3.6.5 [Reserved] 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney's fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives. 3.6.6.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. 3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, 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. 13 Revised 07-2023 BBK 72500-00001132374915.1 317 Contract No. C47070 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; Severabiiity. 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 14 Revised 07.2023 BBN 72500.000011323749151 318 Contract No. C47070 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] 15 Revised 07.2023 BBK 72500.0000M2374M.I 319 Contract No. C47070 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND FLOCK GROUP INC dba FLOCK SAFETY IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year'first above written. 117 Attest: By: Approved as to form: By: (.Se-e vet pa Isra Shah Best Best & Krieger LLP City Attorney FLOCK GROUP INC CORPORATI• Counsel By: (w Glddittyial S j hatyre . q jc) Mike Molina VP Legal, Deputy General Counsel QC: MN Insurance: dial Review o yd l'(/a • Z JOS'c R. HERNA14DEZ Notary public • Ca ifornia San Francfico CounIna tyl Approval CAnmbliana2355879My [ omm. Es lns Aa! 2s zcz5 16 Revised 07-2023 BBK 72500.00001132374915.1 320 CALIFORNIA JURAT GOVERNMENT CODE § 8202 FAnotary public or other officer completing this certificate verifies only the identity of the individual who signed he document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that docurent. State of California Couniyof yin Gr Subscribed and sworn to (or affirmed) before me on this day of Ye b rk Grp , 20 , by Date Month Year M() G4 J45E R. HER4ANDEZ ' 111 Nowry Pul . • Cal forma San Franc sca Cc.mry (and (2) Commission # 2355879 — ), My Wmm- EaDreS nr 2E 2.2s Nome(s) of Signer(s) Proved to me on the basis of satisfactory evidence to be the person(s) w o appeared before me. Signature Place Notary Seal and/or Stamp Above Si ature of tory Public OPTIONAL 1 Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document:.— DocumentDate:_ ---- — Number of Pages:. Signer( s) Other Than Named Above:. -- 02019 National Notary Association 321 Contract No. C47070 SIGNATURE PAGE TO PROFESSIONAL. SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND FLOCK GROUP INC dba FLOCK SAFETY 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 DES FLOCK GROUP INC OCK SAFETY, A r CORPORATI -9 By. Zeman Attest; 13-4: Approves, as to form. Isra Shah Best Best & Krieger LLP City Attomey P.o-aax vJ•.c 3 t'.fiX i?5..t19eiG7!$i"asa935-; By: By: Counsel NOTARY PUBLIC -STATE: OF NEW VOW No. O1 ME6138902 Qualified in Kings County My Commbslon Expires December 27, 2_02S QC: MN Insurance. Initial Resvasw 4 t cs1a K99AAUZ a., franc:le. ty S i IRa« MS CAMM.Szon r 1335170 Rpprovai tS 322 CA L IF40 R N IA JURAT GOVERNME. M'r c 0 DE B202 A note3y pubk w uvwz vWar 4 wpw.rimq MA EM 0* UM fdeFft d ft km9wduej i043.1>.S[gn@j IPers VkXWI'3R!CY 192 W40 Cis cedlkdu Is attfi.rW and rM Ar Whftme". aemary, jw,48" j),j thm ddKm—. kfite of camoef" SUbUX" and SWOM (0 (Vi 9ff3jVMe4 4eftWCZ n#5 45r, 19day of r4ee by V) 416 w, qfcvVP me on tilt 1)0&, the powfif3w? who appalmd "--e w- EU DYE M EJIA - N*tM PMIC.STATE OF NEW YORK NO, DIMIVS19D2 skpwure S' wee uf k%&-qc MY cmnA1110n Igpireg D"emwir 27. OPUCHNAL . . ... ...... .. ....... -- ---------------- r# ymchrnvjj rd ppis Ibm loan uAWe4ded d0r'LIJXk_rjt 00='Ption of Attar hw mmvte [it F Nu rr, me of P-7 gm 1-1-1. 1 - ------------ wc;tilgy ' moi- 323 Contract No. C47070 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND FLOCK GROUP INC dba FLOCK SAFETY 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 Approve a o rim: By: Isra Shah Best Best & Krieger LLP City Attorney Revised 07.2023 BSK 72500.000OM2374915. 1 FLOCK GROUP INC dba FLOCK SAFETY, A CORPORATION By: By: Mark Smith General Counsel Mike Molina VP Legal, Deputy General Counsel 0 M rIns nce: Init, I view I F nal Apprdval 324 Flock Safety + CA - City of Palm Desert Flock Group Inc. 1170 Howell Mill Rd, Suite 210 Atlanta, GA 30318 MAIN CONTACT- Tonia Crump tonic@flocksafety.com 4049329942 Created Date: 01/17/2024 Expiration Date 01/31/2024 Quote Number: Q-56802 PO Number: frock safety 325 Company Overview At Flock Safety, technology unites law enforcement and the communities they serve to eliminate crime and shape a safer future, together. We created the first public safety operating system to enable neighborhoods, schools, businesses, and law enforcement to work together to collect visual, audio, and situational evidence across an entire city to solve and prevent crime. Our connected platform, comprised of License Plate Recognition (LPR), live video, audio detection, and a suite of integrations AVL, CAD & more), alerts law enforcement when an incident occurs and turns unbiased data into objective answers that increase case clearance, maximize resources, and reduce crime -- all without compromising transparency or human privacy_ Join thousands of agencies reducing crime with Flock Safety's public safety operating system 2000+ 120 18+ <60%* communities with private- incident alerts / minute 1B+ vehicles detected / <60% local crime reduction public partnerships month in Flock cities According to a 2019 study conducted by Cobb County Police Department Introduction toyer Intelligence to Solve More Crime The pathway to a safer future looks different for every community. As such, this proposal presents a combination of products that specifically addresses your public safety needs, geographical layout, sworn officer count, and budget. These components make up your custom public safety operating system, a connected device network and software platform designed to transform real-time data into a panoramic view of your jurisdiction and help you zero in on the leads that solve more cases, prevent future crimes, and foster trust in the communities you serve Software Platform Flock Safety's out -of -box software platform collects and makes sense of visual, audio, and situational evidence across your entire network of devices. With unlimited user licenses, your ent,re law enforcement agency can access the real-time investigative leads needed to increase case clearance, protect the community, and decrease crime rates. 326 3ox Sc Simplified Search Get a complete view of all activity tied to one vehicle in your network of privately and publicly owned cameras. The user-friendly search experience allows officers to filter hours of footage in seconds based on time, location, and detailed vehicle criteria using patented Vehicle Fingerprint'" technology. Search filters include: Vehicle make Body type Color License plates o Partial tags o Missing tags o Temporary tags o State recognition Decals Bumper stickers Back racks Top racks National and Local Sharing Access 1B+ additional plate reads each month without purchasing more cameras. Solve cross -jurisdiction crimes by opting into Flock Safety's sharing networks, including one-to- one, national, and statewide search networks. Users can also receive alerts from several external LPR databases: California SVS FDLE FL Expired Licenses FL Expired Tags FL Sanctioned Drivers FL Sex Offenders Georgia DOR IL SOS Illinois Leads NCIC NCMEC Amber Alert REVS CCIC FBI Real-time Alerts Receive SMS, email, and in-app notifications for custom Hot Lists, NCIC wanted lists, AMBER alerts, Silver alerts, Vehicle Fingerprint matches, and more. Interactive ESRI Map View your AVL, CAD, traffic, and LPR alerts alongside live on - scene video from a single interactive map for a birdseye view of activity in your jurisdiction. Vehicle Location Analysis Visualize sequential Hot List alerts and the direction of travel to guide officers to find suspect vehicles faster. 327 Transparency Portal Establish community trust with a public -facing dashboard that shares policies, usage, and public safety outcomes related to your policing technology. Insights Dashboard Access at -a -glance reporting to easily prove ROE, discover crime and traffic patterns and prioritize changes to your public safety strategy by using data to determine the most significant impact. Native MDT Application Download FlockOS to your MDTs to ensure officers never miss a Hot List alert while out on patrol. Hot List Attachments Attach relevant information to Custom Hot List alerts. Give simple, digestible context to Dispatchers and Patrol Officers responding to Hot List alerts so they can act confidently and drive better outcomes. When you create a custom Hot list Alert, add case notes, photos, reports, and other relevant case information. Single Sign On (SSO) Increase your login speed and information security with Okta or Azure Single Sign On (SSO). Quickly access critical information you need to do your job by eliminating the need for password resets and steps in the log -in process. 328 License Plate Recogrition The Flock Safety Falcon'" LPR camera uses Vehicle Fingerprint'" technology to transform hours of footage into actionable evidence, even when a license plate isn't visible, and sends Hot List alerts to law enforcement users when a suspect vehicle is detected. The Falcon has fixed and location flexible deployment options with 30% more accurate reads than leading LPR.* Results from the 2019 side -by -side comparison test conducted by LA County Sheriff s Department Flock Safety Falcon'" LPR Camera Flock Safety Falcon" Flex Flock Safety Falcon'" XT Fixed, infrastructure -free LPR camera Location -flexible LPR camera designed Long-range, high-speed LPR camera designed for permanent placement. for fast, easy self -installation, which is that captures license plates and Vehicle ideal for your ever -changing Fingerprint data for increasing investigative needs. investigative leads on high -volume roadways like highways and interstates. V 1 Standard LPR Camera V 1 LPR Camera Y Unlimited LTE data service + Flock OS Y Unlimited LTE data service +software Y 1 Long -Rage LPR Camera platform licenses icenses Y Computing device in protective poly Y 1 DOT breakaway pole Y 1 portable mount with varying -sized case Y Dual solar panels band clamps Y AC Power Y Permitting, installation, and ongoing Y 1 Charger for internal battery Y Permitting, installation, and ongoing maintenance d 1 hardshell carrying case maintenance 329 Your Flock Safety Team Flock Safety is more than a technology vendor; we are a partner in your mission to build a safer future. We work with thousands of law enforcement agencies across the US to build stronger, safer communities that celebrate the hard work of those who serve and protect. We don't disappear after contracts are signed; we pride ourselves on becoming an extension of your hard-working team as part of our subscription service. Implementation Meet with a Solutions Consultant (former LEO) to build a deployment plan based on your needs. Our Permitting Team and Installation Technicians will work will get your device network approved, installed, and activated. User Training + Support Your designated Customer Success Manager will help train your power users and ensure you maximize the platform, while our customer support team will assist with needs as they arise. Maintenance We proactively monitor the health of your device network. If we detect that a device is offline, a full-time technician will service your device for no extra charge. Note. Ongoing maintenance does not apply to Falcon Flex devices Public Relations Government Affairs Get support educating your stakeholders, including city councils and other governing bodies. Media Relations Share crimes solved in the local media with the help of our Public Relations team. 330 EXHIBIT "Air f ock safety Budgetary Quote This document Is for informational purposes only. Pricing Is subject to change. Bill To: 73510 Fred Waring Drive Palm Desert. California 92260 Sh.p To: 73510 Fred Waring Drive Palm Desert, California 92260 Billing Company Name. CA - City of Palm Desert Subscription Term. 60 Months July 1, 2024 - June 30, 2029 Billing Contact Name. Payment Terms: Net 30 Billing Email Address Retention Period: 30 bays Billing Phone Billing Frequency: Annual -First Year at Signing Hardware and Software Products Annual recurring amounts over subscription term Flock Safety Platform 292,600.00 Flock Safety Flock OS FiockOS TV Included Included Flock Safety LPR Products Ilock Safety F'a:ton } Included i 3 Included Professional Services and One Time Purchases One Time Fees Subtotal Year 1: 292 500 00 Annual Recurring Subtotal: S292 500.00 Discounts: 292 500.00 Estimated Tax: 0.00 Contract Tots I: 81.412.6M.00 Taxes shown above are provided as an estimate Actual taxes are the responsibility of the Customer This is not an invoice this document is a non-bonding proposal for informational purposes only Pricing is subject to change 331 Exhibit "A" Flock Safety Platform $282.500.00 Flock Safety Add-ons . S0,00 Flock Safety Professional Services so 00 332 Exhibit "A" Product and Services Description Inst4a9ron on existing One-time Professional Services engagement- Includes site & safety assessment, camera setup & testing. and shipping & handling infrastructure lin accordance with the Flock Safety Advanced Implementation Service Brief Professional Services - One-time Professional Services engagement Includes site and safety assessment, camera setup and testing and shipping and Standard Implementation Fee handling in accordance with the Flock Safety Standard Implementation Service Brief Professional Services - One-time Professional Services engagement Includes site & safety assessment. camera setup & testing, and shipping & handing Advanced Implementation Fee in accordance with the Flock Safety Advanced Implementation Service Brief FlockOS Features & Description Package: Essentials Community Camoras (Full Access) Unlimited Users -------- - w-. + — _ State Network (LP Lookup Only) Nationwide Network (LP Lookup Only) W Direct Share. Surrounding Junsi iclion (Fui Access) Time & Location Based Search LLicense Plate Lookup Vehicso F;ngorprint Search Flock insights.+Anaiytics page 11 (ESRI Based Map Interface Real -Time NCIC Alerts on Flock ALPR Cameras Unlimited Custom Hot Lists Access to all privately owned Flock devices within your lurasdichon that have been shared with YOU Un'imiled users for FlockOS Allows agencies to look up license plates on all cameras opted in to the statewide Flock network Allows agencies to look up license plates on all cameras opted in to the nationwide Flock network - Access to all Flock devices owned by law enforcement that have been directly shared with you Have abilrly to search by vehicle fingerprint, receive hot list alerts, and view devices on the map. Search full, partial, and temporary plates by time at particular device locations_ vr, Look up specific license plate location history captured on Flock devices Search footage using Vehicle Fingerprint"' technology- Access vehicle type, make, color, license Plate slater missing r covered plates, and other unique features like bumper stickers, decals, and rout racks. Reporting tool to help administrators manage thahr LPR program with device performance data, user and network audits, plate read reports. hot list alert reports, event logs, and outcome reports Flock Safety's maps are powered by ESRI, which offers the ability for 3D visualization, viewing of floor plans, and layering of external GIS data. such as City infrastructure (i.e.. pub`C facilities, transrt systems, utilities), Boundary mapping (i.e.. precincts, county lines, beat maps), and Interior floor plans (i e , hospitals, corporate campuses, universities) Alert sent when a vehicle ontered .nto the NCIC crime database passes by a Flock camera Ability to add a suspect's hconso plate to a custom i st and get aloned when it passes by a Flock camera 333 334 335 336 State of California GOVERNMENT CODE Section 30061 30061. (a) There shall be established in each county treasury a Supplemental Law Enforcement Services Account (SLESA), to receive all amounts allocated to a county for purposes of implementing this chapter. (b) In any fiscal year for which a county receives moneys to be expended for the implementation of this chapter, the county auditor shall allocate the moneys in the county’s SLESA within 30 days of the deposit of those moneys into the fund. The moneys shall be allocated as follows: (1) Five and fifteen-hundredths percent to the county sheriff for county jail construction and operation. In the case of Madera, Napa, and Santa Clara Counties, this allocation shall be made to the county director or chief of corrections. (2) Five and fifteen-hundredths percent to the district attorney for criminal prosecution. (3) Thirty-nine and seven-tenths percent to the county and the cities within the county, and, in the case of San Mateo, Kern, Siskiyou, and Contra Costa Counties, also to the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, and the Kensington Police Protection and Community Services District, in accordance with the relative population of the cities within the county and the unincorporated area of the county, and the Broadmoor Police Protection District in the County of San Mateo, the Bear Valley Community Services District and the Stallion Springs Community Services District in Kern County, the Lake Shastina Community Services District in Siskiyou County, and the Kensington Police Protection and Community Services District in Contra Costa County, as specified in the most recent January estimate by the Demographic Research Unit of the Department of Finance, and as adjusted to provide, except as provided in subdivision (i), a grant of at least one hundred thousand dollars ($100,000) to each law enforcement jurisdiction. For a newly incorporated city whose population estimate is not published by the Department of Finance, but that was incorporated prior to July 1 of the fiscal year in which an allocation from the SLESA is to be made, the city manager, or an appointee of the legislative body, if a city manager is not available, and the county administrative or executive officer shall prepare a joint notification to the Department of Finance and the county auditor with a population estimate reduction of the unincorporated area of the county equal to the population of the newly incorporated city by July 15, or within 15 days after the Budget Act is enacted, of the fiscal year in which an allocation from the SLESA is to be made. No person residing within the Broadmoor Police Protection District, the Bear Valley Community Services District, STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL 337 the Stallion Springs Community Services District, the Lake Shastina Community Services District, or the Kensington Police Protection and Community Services District shall also be counted as residing within the unincorporated area of the County of San Mateo, Kern, Siskiyou, or Contra Costa, or within any city located within those counties. Except as provided in subdivision (i), the county auditor shall allocate a grant of at least one hundred thousand dollars ($100,000) to each law enforcement jurisdiction. Moneys allocated to the county pursuant to this subdivision shall be retained in the county SLESA, and moneys allocated to a city pursuant to this subdivision shall be deposited in a SLESA established in the city treasury. (4) Fifty percent to the county or city and county to implement a comprehensive multiagency juvenile justice plan as provided in this paragraph. The juvenile justice plan shall be developed by the local juvenile justice coordinating council in each county and city and county with the membership described in Section 749.22 of the Welfare and Institutions Code. The plan shall be reviewed and updated annually by the council. The plan or updated plan may, at the discretion of the county or city and county, be approved by the county board of supervisors. The plan or updated plan shall be submitted to the Office of Youth and Community Restoration by May 1 of each year in a format specified by the office that consolidates the form of submission of the annual comprehensive juvenile justice multiagency plan to be developed under this chapter with the form for submission of the annual Youthful Offender Block Grant plan that is required to be developed and submitted pursuant to Section 1961 of the Welfare and Institutions Code. (A) The multiagency juvenile justice plan shall include, but not be limited to, all of the following components: (i) An assessment of existing law enforcement, probation, education, mental health, health, social services, drug and alcohol, and youth services resources that specifically target at-risk juveniles, juvenile offenders, and their families. (ii) An identification and prioritization of the neighborhoods, schools, and other areas in the community that face a significant public safety risk from juvenile crime, such as gang activity, daylight burglary, late-night robbery, vandalism, truancy, controlled substances sales, firearm-related violence, and juvenile substance abuse and alcohol use. (iii) A local juvenile justice action strategy that provides for a continuum of responses to juvenile crime and delinquency and demonstrates a collaborative and integrated approach for implementing a system of swift, certain, and graduated responses for at-risk youth and juvenile offenders. (iv) A description of the programs, strategies, or system enhancements that are proposed to be funded pursuant to this subparagraph. (B) Programs, strategies, and system enhancements proposed to be funded under this chapter shall satisfy all of the following requirements: (i) Be based on programs and approaches that have been demonstrated to be effective in reducing delinquency and addressing juvenile crime for any elements of response to juvenile crime and delinquency, including prevention, intervention, suppression, and incapacitation. 338 (ii) Collaborate and integrate services of all the resources set forth in clause (i) of subparagraph (A), to the extent appropriate. (iii) Employ information sharing systems to ensure that county actions are fully coordinated, and designed to provide data for measuring the success of juvenile justice programs and strategies. (C) To assess the effectiveness of programs, strategies, and system enhancements funded pursuant to this paragraph, each county or city and county shall submit, by October 1 of each year, a report to the county board of supervisors and to the Office of Youth and Community Restoration on the programs, strategies, and system enhancements funded pursuant to this chapter. The report shall be in a format specified by the office that consolidates the report to be submitted pursuant to this chapter with the annual report to be submitted to the office for the Youthful Offender Block Grant program, as required by subdivision (c) of Section 1961 of the Welfare and Institutions Code. The report shall include all of the following: (i) An updated description of the programs, strategies, and system enhancements that have been funded pursuant to this chapter in the immediately preceding fiscal year. (ii) An accounting of expenditures during the immediately preceding fiscal year for each program, strategy, or system enhancement funded pursuant to this chapter. (iii) A description and expenditure report for programs, strategies, or system enhancements that have been cofunded during the preceding fiscal year using funds provided under this chapter and Youthful Offender Block Grant funds provided under Chapter 1.5 (commencing with Section 1950) of Division 2.5 of the Welfare and Institutions Code. (iv) Countywide juvenile justice trend data available from existing statewide juvenile justice data systems or networks, as specified by the Office of Youth and Community Restoration, including, but not limited to, arrests, diversions, petitions filed, petitions sustained, placements, incarcerations, subsequent petitions, and probation violations, and including, in a format to be specified by the office, a summary description or analysis, based on available information, of how the programs, strategies, or system enhancements funded pursuant to this chapter have or may have contributed to, or influenced, the juvenile justice data trends identified in the report. (D) The office shall, within 45 days of having received the county’s report, post on its internet website a description or summary of the programs, strategies, or system enhancements that have been supported by funds made available to the county under this chapter. (E) The Office of Youth and Community Restoration shall compile the local reports and, by March 1 of each year following their submission, make a report to the Governor and the Legislature summarizing the programs, strategies, and system enhancements and related expenditures made by each county and city and county from the appropriation made for the purposes of this paragraph. The annual report to the Governor and the Legislature shall also summarize the countywide trend data and any other pertinent information submitted by counties indicating how the programs, strategies, or system enhancements supported by funds appropriated under this chapter 339 have or may have contributed to, or influenced, the trends identified. The office may consolidate the annual report to the Legislature required under this paragraph with the annual report required by subdivision (d) of Section 1961 of the Welfare and Institutions Code for the Youthful Offender Block Grant program. The annual report shall be submitted pursuant to Section 9795, and shall be posted for access by the public on the internet website of the office. (c) Subject to subdivision (d), for each fiscal year in which the county, each city, the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, and the Kensington Police Protection and Community Services District receive moneys pursuant to paragraph (3) of subdivision (b), the county, each city, and each district specified in this subdivision shall appropriate those moneys in accordance with the following procedures: (1) In the case of the county, the county board of supervisors shall appropriate existing and anticipated moneys exclusively to provide frontline law enforcement services, other than those services specified in paragraphs (1) and (2) of subdivision (b), in the unincorporated areas of the county, in response to written requests submitted to the board by the county sheriff and the district attorney. Any request submitted pursuant to this paragraph shall specify the frontline law enforcement needs of the requesting entity, and those personnel, equipment, and programs that are necessary to meet those needs. (2) In the case of a city, the city council shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the chief of police of that city or the chief administrator of the law enforcement agency that provides police services for that city. (3) In the case of the Broadmoor Police Protection District within the County of San Mateo, the Bear Valley Community Services District or the Stallion Springs Community Services District within Kern County, the Lake Shastina Community Services District within Siskiyou County, or the Kensington Police Protection and Community Services District within Contra Costa County, the legislative body of that special district shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the chief administrator of the law enforcement agency that provides police services for that special district. (d) For each fiscal year in which the county, a city, or the Broadmoor Police Protection District within the County of San Mateo, the Bear Valley Community Services District or the Stallion Springs Community Services District within Kern County, the Lake Shastina Community Services District within Siskiyou County, or the Kensington Police Protection and Community Services District within Contra Costa County receives any moneys pursuant to this chapter, in no event shall the governing body of any of those recipient agencies subsequently alter any previous, valid appropriation by that body, for that same fiscal year, of moneys allocated to the county or city pursuant to paragraph (3) of subdivision (b). 340 (e) For the 2011–12 fiscal year, the Controller shall allocate 23.54 percent of the amount deposited in the Local Law Enforcement Services Account in the Local Revenue Fund 2011 for the purposes of paragraphs (1), (2), and (3) of subdivision (b), and shall allocate 23.54 percent for purposes of paragraph (4) of subdivision (b). (f) Commencing with the 2012–13 fiscal year, subsequent to the allocation described in subdivision (c) of Section 29552, the Controller shall allocate 23.54363596 percent of the remaining amount deposited in the Enhancing Law Enforcement Activities Subaccount in the Local Revenue Fund 2011 for the purposes of paragraphs (1) to (3), inclusive, of subdivision (b), and, subsequent to the allocation described in subdivision (c) of Section 29552, shall allocate 23.54363596 percent of the remaining amount for purposes of paragraph (4) of subdivision (b). (g) Commencing with the 2013–14 fiscal year, subsequent to the allocation described in subdivision (d) of Section 29552, the Controller shall allocate 23.54363596 percent of the remaining amount deposited in the Enhancing Law Enforcement Activities Subaccount in the Local Revenue Fund 2011 for the purposes of paragraphs (1) to (3), inclusive, of subdivision (b), and, subsequent to the allocation described in subdivision (d) of Section 29552, shall allocate 23.54363596 percent of the remaining amount for purposes of paragraph (4) of subdivision (b). The Controller shall allocate funds in monthly installments to local jurisdictions for public safety in accordance with this section as annually calculated by the Director of Finance. (h) Funds received pursuant to subdivision (b) shall be expended or encumbered in accordance with this chapter no later than June 30 of the following fiscal year. A local agency that has not met the requirement of this subdivision shall remit unspent SLESA moneys received after April 1, 2009, to the Controller for deposit in the Local Safety and Protection Account, after April 1, 2012, to the Local Law Enforcement Services Account, and after July 1, 2012, to the County Enhancing Law Enforcement Activities Subaccount. This subdivision shall become inoperative on July 1, 2015. (i) In the 2010–11 fiscal year, if the fourth quarter revenue derived from fees imposed by subdivision (a) of Section 10752.2 of the Revenue and Taxation Code that are deposited in the General Fund and transferred to the Local Safety and Protection Account, and continuously appropriated to the Controller for allocation pursuant to this section, are insufficient to provide a minimum grant of one hundred thousand dollars ($100,000) to each law enforcement jurisdiction, the county auditor shall allocate the revenue proportionately, based on the allocation schedule in paragraph (3) of subdivision (b). The county auditor shall proportionately allocate, based on the allocation schedule in paragraph (3) of subdivision (b), all revenues received after the distribution of the fourth quarter allocation attributable to these fees for which payment was due prior to July 1, 2011, until all minimum allocations are fulfilled, at which point all remaining revenue shall be distributed proportionately among the other jurisdictions. (j) The county auditor shall redirect unspent funds that were remitted after July 1, 2012, by a local agency to the County Enhancing Law Enforcement Activities 341 Subaccount pursuant to subdivision (h), to the local agency that remitted the unspent funds in an amount equal to the amount remitted. (Amended by Stats. 2024, Ch. 50, Sec. 1. (AB 169) Effective July 2, 2024.) 342 Contract No. ___________ Page 1 of 3 Revised 01-2024 BBK 72500.00001\32445060.1 AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND FLOCK GROUP DBA FLOCK SAFETY 1.Parties and Date. This Amendment No. 1 to the PROFESSIONAL SERVICES AGREEMENT, C47070 is made and entered into as of this 10th day of April 2025, by and between the City of Palm Desert (“City”) and FLOCK GROUP INC DBA FLOCK SAFETY, a Corporation, with its principal place of business at 1170 Howell Mill Rd. NW STE. 210 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Recitals. 2.1 Agreement. The City and FLOCK GROUP INC DBA FLOCK SAFETY have entered into an agreement entitled “PROFESSIONAL SERVICES AGREEMENT, C47070” dated July 1, 2024 (“Agreement” or “Contract”) for the purpose of retaining the services of FLOCK GROUP INC DBA FLOCK SAFETY to provide Automated License Plate Recognition Software Subscription and new hardware. 2.2 Amendment. The City and FLOCK GROUP INC DBA FLOCK SAFETY desire to amend the Agreement to Additional Cameras (44) and subscription costs. The Parties have heretofore entered into that Amendment No. 1 dated April 10, 2025. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to 3.6.14 of the Agreement. 3. Terms. 3.1.1 Scope of Services. The Agreement is hereby amended in its entirety to read as follows: 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. Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit " A-1" attached hereto and incorporated herein by reference (" Federal Requirements"). Additionally, the Consultant shall comply with Exhibit "A-2" attached hereto and incorporated herein by reference. With respect to any conflict between such Federal Requirements and the terms of this Agreement and/ or the provisions of state law, the more stringent requirement shall control. 3.3.1 Compensation. The Agreement is hereby amended in its entirety to read as follows: Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit " C" and Exhibit “A-2” attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Million, One Hundred Six Thousand, Two Hundred Fifty Dollars ($2,106,250) without written approval of the City Council or City Manager, as applicable. 343 Contract No. ___________ Page 2 of 3 Revised 01-2024 BBK 72500.00001\32445060.1 Original Cost Total (5-Year Term) Amendment No. 1 (Hardware purchase & Remaining 48-months) Amended Contract Total (Combined) $1,412,500 $693,750 $2,106,250 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] 344 Contract No. ___________ Page 3 of 3 Revised 01-2024 BBK 72500.00001\32445060.1 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND FLOCK GROUP INC DBA FLOCK SAFETY IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to the PROFESSIONAL SERVICES AGREEMENT as of the day and year first above written. CITY OF PALM DESERT By: _______________________ Chris Escobedo Interim City Manager Attest: By: _______________________ Anthony J. Mejia City Clerk Approved as to form: By: ________________________ Isra Shah Best Best & Krieger LLP City Attorney FLOCK GROUP INC DBA FLOCK SAFETY , A CORPORATION By: _____________________ Mark Smith General Counsel By: Mike Molina VP Legal, Deputy General Counsel City Clerk QC: _____ Contract QC: _____ Insurance: _____ Initial Review _____ Final Approval 345 Exhibit "A-2" 346 Exhibit "A-2" We requested that the term remain the same. Adding additional Cameras and subscription to each fiscal year. Flock to provide updated proposal. 347 Exhibit "A-2" 348 Exhibit "A-2" 349 350 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 10, 2025 PREPARED BY: Andrea Staehle, Director of Human Resources Isra Shah, City Attorney SUBJECT: CONSIDERATION OF APPROVING AN INTERIM CITY MANAGER EMPLOYMENT AGREEMENT RECOMMENDATION: Approve the Interim City Manager Employment Agreement with Christopher Escobedo, effective March 24, 2025. BACKGROUND/ANALYSIS: City Manager Todd Hileman submitted his resignation, effective March 21, 2025. In response, during the closed session held on February 27, 2025, the City Council voted to appoint Christopher Escobedo, Assistant City Manager, to serve as Interim City Manager. Subsequently, during the March 27, 2025 closed session, the City Council discussed the terms of an employment agreement for Mr. Escobedo’s interim appointment. It is a standard practice for the City to enter into an employment agreement with an Interim City Manager to establish compensation, duties, and conditions regarding the employee's return to their prior position. The City Council directed staff to prepare an agreement formalizing these terms. Under the Brown Act, the City is required to provide an oral report before final action is taken on local agency executive compensation, including salary, schedules, or compensation paid in the form of fringe benefits. The key terms of the agreement are as follows: The compensation for Mr. Escobedo will be $270,000 annually, paid on a pro-rata basis. Mr. Escobedo will continue to receive health and other benefits consistent with those received in his role as Assistant City Manager, without change. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: The City Manager position is a regularly budgeted position within the City's operating budget. The costs associated with appointing an interim City Manager are included within the existing budget appropriation and will be part of the FY 2025-26 Annual Budget request. 351 City of Palm Desert Interim City Manager Employment Agreement – Chris Escobedo Page 2 of 2 ATTACHMENT: Interim City Manager Employment Contract 352 CITY OF PALM DESERT EMPLOYMENT AGREEMENT TO SERVE AS INTERIM CITY MANAGER 1. PARTIES AND DATE. This Employment Agreement (“Agreement”) is made and entered into this 24th day of March 2025 (“Effective Date”), by and between the City of Palm Desert, a municipal corporation (“City”), and Christopher Escobedo (“Employee”). City and Employee are sometimes individually referred to herein as “Party” and collectively as “Parties.” 2. RECITALS. 2.1 Interim Assignment. The City Council appointed Employee to serve as the Interim City Manager for the City, effective March 24, 2025. 2.2 Employment Agreement. City and Employee now desire to establish an Employment Agreement to set the terms of Employee’s employment while he serves as the Interim City Manager, which role shall cease at the discretion of Council. This appointment is temporary and at-will, and after termination of the Interim appointment, Employee shall return to his regular position with the City. 3. TERMS. 3.1 Temporary Duties. Employee shall perform the duties of the City Manager, as specified in the laws of the State of California and the ordinances and resolutions of the City of Palm Desert, on an Interim basis until such time as the City Council terminates the appointment and this Agreement shall be of no further force and effect. 3.1.1 Interim City Manager. City temporarily appoints Employee as Interim City Manager to perform the functions and duties in accordance with applicable state law, the City’s Municipal Code, as well as the approved City job description for the position. Employee shall also perform other legally permissible and proper duties and functions as the City Council shall from time-to-time assign. 3.1.2 Control and Supervision. Employee shall serve at the will and pleasure of the City Council. 3.1.3 City Council Meetings. Employee shall attend all City Council meetings, unless excused or directed otherwise. 3.2 Temporary Compensation. Employee’s annual base salary, effective March 24, 2025, shall be temporarily increased to the total amount of $270,000 and will not be eligible for the July 1, 2025 cost of living adjustment (COLA), until such time as the City Council terminates the appointment. Thereafter, Employee’s salary shall revert to that of his regular position, and this provision shall be of no further force and effect. 353 Contract No. __________ 2 IN WITNESS WHEREOF, City and Employee have signed and executed this Agreement effective the date first above written. CITY EMPLOYEE By: By: _________________________ Jan C. Harnik Christopher Escobedo Mayor ATTEST: By: Anthony J. Mejia City Clerk APPROVED AS TO FORM: By: _____________ _ _ _____ Isra Shah City Attorney 354 Page 1 of 4 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 10, 2025 PREPARED BY: Gary Shaffer, Director of Library Services SUBJECT: PROVIDE DIRECTION ON LIBRARY FOUNDATION CONSIDERATIONS RECOMMENDATION: Provide direction on City/Library Foundation considerations. BACKGROUND/ANALYSIS: On July 1, 2024, the City of Palm Desert officially assumed library operations from the County of Riverside and their contracted operator, Library Systems & Services (LSS). On August 22, 2024, the City Council authorized the formation of a 501(c)(3) nonprofit, the Palm Desert City Foundation (“Foundation”) support organization. The Foundation would be specific to Palm Desert, focusing initially on fundraising for the library and with City Council direction could later expand to include other City operations with fundraising needs (e.g., public art, aquatics centers, parks) as they arise. At the February 27, 2025 meeting, the City Council had further discussion regarding the Foundation and requested additional research be completed. Based on City Council feedback, research was done on the areas of discussion: Research on other city foundations/support organizations including existing foundations like the Desert Community Foundation, Maintaining the City’s vision and mission for the Foundation, Management oversight of the Foundation, Oversight of Foundation funds, Library specific or citywide Foundation, Utilization of the Friends of the Library. City/Library Foundations Below are nine library foundations/city support organizations from across Southern California, including two Coachella Valley library foundations¹ and two city foundations², for comparison purposes (See Attachment 1 for details on the other fundraising organizations). The support organizations reviewed are in order of city population, smallest to largest: Rancho Mirage Library & Observatory Foundation¹ City Of Beverly Hills Community Charitable Foundation² Friends of the Beverly Hills Public Library Palm Springs Public Library Foundation¹ Newport Beach Public Library Foundation Carlsbad Library and Arts Foundation 355 City of Palm Desert Provide Direction on City/Library Foundation Considerations Page 2 of 4 Riverside Community Services Foundation² Riverside Public Library Foundation Long Beach Public Library Foundation The Foundations listed above, raise money by seeking general donations or via a specific initiative (e.g. children’s services or capital campaign). In the case of two of the larger foundations (Carlsbad and Newport Beach) the foundations primarily manage large endowment accounts which generate enduring funds for ongoing initiatives. In the case of Newport Beach, the foundation also has engaged in raising funds for a capital campaign and a speaker series. The one library friends group identified (i.e. Beverly Hills) raises money by selling used books. This is a common practice of library friends groups throughout the country. Based on the research of the other foundations , below is summary on how best to establish a Foundation while incorporating feedback received from the City Council. 1. Maintaining the City’s Mission and Vision for the Foundation By IRS regulation, a 501(c)(3) may only support the mission or organization it was chartered to support. Agreed-upon mission and vision statements, which align with those of the City and the library, will be incorporated into the governing documents. Governing documents will include a Memorandum of Understanding (MOU) between the City and the Foundation (Please see Attachment 2 for a sample MOU.). 2. Management and Oversight of Funds The Foundation will be required to adhere to Generally Accepted Accounting Principles (GAAP) and would be subject to regular audits in alignment with IRS regulations. To retain further control, the City could request quarterly financial reports be filed with the City Council. The City Council could also choose to have the City directly manage the Foundation’s bank account. The City would follow its standard investment strategy and policies with Foundation funds. The aforementioned MOU could also contain a dissolution clause, which would allow the City Council to dissolve the Foundation at any time if it wishes with all fund -balances reverting to the City’s Library Fund. 3. Recommended Policies and Procedures The City could require that the Foundation put in place a gift acceptance policy (See Attachment 3 for an example of such a policy.), which would dictate gift parameters. Per a gift acceptance policy, the Foundation would not accept a gift from a donor who requested to fund an initiative that the City or Foundation board does not wish to initiate. Ideally, a donor would give unrestricted funds or perhaps be directed towards an initiative outlined in the library’s mission (e.g., children’s literacy or a capital campaign). In the case of a naming opportunity for a capital campaign, a contract would be signed by both parties, reflecting the particulars and limitations of the agreement. The City may decide to incorporate other policies 356 City of Palm Desert Provide Direction on City/Library Foundation Considerations Page 3 of 4 at any time (e.g. document retention policy, etc.). Staff will ensure that all Foundation policies align with current City policies, and City policies shall take precedence in any area of conflict. 4. Utilization of the Friends of the Library The Friends of the Palm Desert Library (FOTPDL) support the Palm Desert Library by selling gently used books and then using those proceeds to fund agreed upon initiatives at the library (e.g. newspaper and magazine subscriptions; adult programs, etc.). They do not consider themselves professional fundraisers, but rather volunteers. The FOTPDL are a chapter of the Friends of the Desert Libraries a 501(c)(3) nonprofit library support organization. Member chapters of this group consist of all the Coachella Valley Riverside County Library System locations and the FOTPDL. The County has requested that the FOTPDL become independent. Should the Foundation not move forward, they will need to set up their own 501(c)(3) to continue operating. 5. The Desert Community Foundation Instead of a City Foundation, a third-party foundation partnership could be established. Staff met with the Desert Community Foundation (DCF) on March 11 , 2025. The City may set up a library fund at DCF to which donors may contribute. The City would need to make an initial deposit of $50,000. The City would then need to instruct potential donors to contribute to the library via check to DCF and stipulating “Palm Desert Library” in the note field. DCF has mechanisms to allow for credit card payments and directed giving to specific program accounts that the City has setup. (See Attachment 4 for the complete Visit Report.) Consideration While many municipal libraries engage in external fundraising to enhance services, the City Council retains the authority to allocate any General Fund monies to the library should no foundation be established. A likely scenario would be as follows: FY 2025-26 Budget Estimated County Property Tax Revenue $2,300,000 Estimated Library Operations ($2,700,000) General Fund Subsidy $400,000 City Council Direction Requested Staff seeks City Council guidance on the following options: 1. Establish the Palm Desert City Foundation and continue the process to complete its establishment including bylaws, policies and procedures. 2. Discontinue efforts to establish the Foundation and choose to fund the difference between the Palm Desert Library dedicated county property tax receipts and the library budget via General Fund subsidy. 357 City of Palm Desert Provide Direction on City/Library Foundation Considerations Page 4 of 4 3. Set up an alternate mechanism to receive donations at the Desert Community Foundation. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: Should the City Council opt to proceed with forming a foundation, the Library Department has allocated funds in the FY 2024-25 Annual Budget for initial filing fees, with ongoing costs to be determined and budgeted as necessary. If the City Council were to forego establishing a foundation, there is no immediate direct financial impact with this action. However, in future fiscal years, any deficit between the dedicated County property tax receipts and the approved library budget will require support from the General Fund. Should the City Council opt to set up an alternate mechanism to receive donations at the DCF, as indicated, a $50,000 donation to DCF will be required to establish the DCF library fund. Those funds would be owned by the City but would need to remain in the Library Fund at DCF. To date the library has received donations in the amount of $50,000 from private donors that could be used for this purpose. ATTACHMENTS: 1. Other Fundraising Organizations Information 2. Public Library and Foundation MOU Example 3. Gift Acceptance Policy Example 4. Palm Desert Staff Visit with DCF Report 358 Library Fundraising Organizations Library Foundations Annual Annual Contri- Population End of Yr. Bal Revenue bution to Library Activities 1 Rancho Mirage Library & Observatory Foundation 17,795 2,432,342$ 499,274$ 428,595$ Books, Programs (Library & Observatory) Literary Legacy 2a City Of Beverly Hills Community Charitable Foundation 30,974 409,560$ 30,744$ -$ "Enhance the services and programs provided to the BH Community" 2b Friends of the Beverly Hills Public Library 30,974 1,253,380$ 169,838$ 45,492$ Fund books, digital media, info systems, summer reading. Commission artwork 3 Palm Springs Public Library Foundation 45,218 175,310$ 94,399$ 25,160$ Access to library services, Cap. Campaign Ads 4 Newport Beach Public Library Foundation 82,637 3,841,330$ 7,111,675$ 9,214,843$ Book Discussion Group, Financial Workshops, Lectures, & Capital Campaign 5 Carlsbad Library and Arts Foundation 113,495 4,783,411$ 278,230$ 105,000$ Primarily manages endowment gifts & funds library and arts initiatives. 6a Riverside Community Services Foundation 318,858 1,100,196$ 466,700$ -$ Advance, and maintain public parks, recreation, and community services in the City of Riverside. 6b Riverside Public Library Foundation 318,858 783,503$ 146,440$ 449,281$ Fund books, databases, summer reading, lectures, celebrations, library operations 7 Long Beach Public Library Foundation 449,468 11,310,102$ 1,259,296$ 960,880$ Fund the Family Learning Ctr., Makerspace Studios, Literacy initiatives, books, Chromebooks Financial data per most recent IRS Form 990s. Attachment-1 359 360 Attachment-2 361 Attachment-2 362 Attachment-4 363 Attachment-4 364 Attachment-4 365 Attachment-4 366 Attachment-4 367 Attachment-4 368 Attachment-4 369 Attachment-4 370 Attachment-4 371 Attachment-4 372 Attachment-4 373 Attachment-4 374 Attachment-3 375 Attachment-3 376 Attachment-3 377 Attachment-3 378 Attachment-3 379 Attachment-3 380 Report on Palm Desert Staff Visit with Desert Community Foundation Staff met with Desert Community Foundation (DCF) to explore the viability of the City using DCF as a mechanism to fundraise and/or invest and bank fundraising proceeds in early March 2025. Background Since 1999, Desert Community Foundation, a 501(c)(3) has supported nonprofits, donors, and scholarship committees in the Coachella Valley. They empower nonprofits through Donor Advised Funds, Scholarships, and Donor Directed Grants. DCF is committed to creating lasting change and investing in the future of the region. They manage $132 million in investments for donors. Primary work of DCF: Donors deposit funds with DCF. The deposit is irrevocable. Donor gets an immediate tax write-off, if eligible. Donor specifies which organization or organizations they wish their funds to support. The corpus (or deposit) is generally preserved and the donor will request that the earnings be disbursed annually in perpetuity. If the designated nonprofit goes out of business, DCF tries to identify a nonprofit with a similar mission to receive the ongoing funding. Work DCF does that other community foundations may not: DCF runs several successful scholarship programs for local Country Clubs. Collectively, they have awarded $2.9 million in scholarships for the 2024-2025 academic year, sent 1,600 scholarship recipients to colleges, and funded over 15,000 semesters for those students. How DCF earns money for its operations: Four times a year DCF accesses a 0.25% (1% annually) fee on the amount in all fund as a management fee. The quarterly fee drops to 0.1875% (0.75% annually) for balances above $5 million. Who manages DCF’s portfolio: DCF has outsourced the management of their various funds to the California Community Foundation (CCF) located in Los Angeles. CCF has been in operation since 1918. Manages over $2.3 billion in assets, and collectively oversees over 1,900 funds. Scenario for the City of Palm Desert: The City could set up a library fund at DCF to which donors may contribute. The City would need to make an initial deposit of $50,000. The City would then need to instruct potential donors to make a contribution to the library by making out a check to Desert Community Foundation and putting in the memo portion: Palm Desert Library. If the donor wishes to specify that their donation be directed to something specific (e.g. children’s services), they would need to write “Palm Desert Library: children’s services” in the note field. Consideration: DCF also accepts credit card donations. A custom donation button link for the fund can be set up for those donors who prefer to make credit card donations. Donations earmarked for the library can be in the form of a check or credit card. DCF will also accept stock donations and wire transfers. DCF also administers an online event once per year during their CV Giving Day campaign where donors can make a credit card donation. Over 136 charitable organizations participate. Each organizations success is dependent on that organization’s marketing of the event. Attachment-4 381 382 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 10, 2025 PREPARED BY: Daniel Hurtado, Public Safety Analyst SUBJECT: RESOLUTION AMENDING THE AMOUNT OF THE DUI DRIVER AND VEHICLE IMPOUND COST RECOVERY FEE PURSUANT TO CHAPTER 10.25 OF THE PALM DESERT MUNICIPAL CODE RECOMMENDATION: Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE AMOUNT OF THE DUI DRIVER AND VEHICLE IMPOUND COST RECOVERY FEE PURSUANT TO CHAPTER 10.25 OF THE PALM DESERT MUNICIPAL CODE AND RESCINDING RESOLUTION NO. 2014-95.” BACKGROUND/ANALYSIS: Vehicle Impound Cost Recovery (VICR) fees are imposed by the City to recoup administrative and operational costs incurred when law enforcement impounds vehicles due to legal violations or public safety concerns. These costs typically include law enforcement resources, administrative processing, and storage fees incurred during vehicle impounds, par ticularly for violations such as Driving Under the Influence (DUI). The fees aim to ensure that the City recovers its expenses incurred to enforce these actions. By aligning these fees with actual operational costs, VICR fees also serve as a deterrent to u nsafe driving behaviors, such as driving under the influence, and support public safety efforts. The City of Palm Desert's VICR fees were last updated in 2014. A review of current administrative and enforcement costs, as well as a comparison of VICR fees across neighboring Coachella Valley cities, indicates a need for an update. The City of Palm Desert applies a single, standard fee (per impound type) for all vehicles. Fee Type Current Fee Proposed Fee Standard Impounds $165 $275 DUI-Related Impounds $705 $1,190 These adjustments reflect the current actual costs incurred by the City, address inflation and rising operational expenses since 2014, and reaffirm the City’s dedication to discouraging driving under the influence. The changes are intended to ensure full cost recovery, promote public safety, and maintain alignment with regional standards. The City of Palm Desert contracts with the Riverside County Sheriff's Department for law enforcement services. The City receives direct bills for deputies' and supervisors’ time, making it essential to align VICR fees with actual costs. 383 City of Palm Desert DUI Driver And Vehicle Impound Cost Recovery Fee Page 2 of 3 The DUI-related fee increase to $1,190 accounts for inflation and rising personnel and administrative costs over the past decade. This updated fee will enable the City to recover its actual expenses for processing DUI-related impounds, which require extensive law enforcement time and resources. To ensure ongoing cost recovery and alignment with operational expenses, staff recommends implementing an annual fee adjustmen t mechanism. Beginning July 1, 2026, and on each July 1 thereafter, Palm Desert’s Vehicle Impound Cost Recovery (VICR) fees shall be automatically increased by the lesser of: (i) the actual percentage increase imposed on the City by the Riverside County Sheriff’s Department pursuant to the contract rate for services, or (ii) five percent (5%). This adjustment will be applied to the then-current fees without the need for further City Council action or public hearings, unless new fees are adopted or this authority is rescinded by the City Council. This approach provides a streamlined method for maintaining cost recovery while accounting for inflation and contractual cost changes. Justification for Fee Adjustment: 1. Deputy and Supervisor Time: Processing vehicle impounds requires law enforcement resources, including deputy labor and supervisor oversight. For DUI-related impounds, additional time is required for investigations, field sobriety tests, evidence collection, and administrative follow-up. The fee increase accounts for these costs, ensuring the Sheriff’s Department's time (representing City resources) is fully recovered. 2. Consistency in Fee Structure: Palm Desert applies a standard impound fee across all vehicle types, unlike other jurisdictions that vary fees based on vehicle size or specialized handling. 3. Cost Recovery Goal: VICR fees are structured to recover the actual costs incurred by the City in contracting with the Sheriff’s Department. The DUI fee increase ensures alignment with current operational costs while avoiding a subsidy from the General Fund. 4. Discouraging Driving Under the Influence The DUI-related fee increase from $705 to $1,190 reinforces the City’s commitment to public safety. This higher fee to recover the City’s costs also serves as a financial deterrent to individuals engaging in dangerous behaviors. Comparative Analysis: City Standard Fee DUI Fee Riverside County $92 Established by Resolution Rancho Mirage $145 Same as standard Indian Wells $150 $670 Coachella $200 Same as standard Palm Desert $275 (Proposed) $ 1,190 (Proposed) Cathedral City $245 $566 La Quinta $270 Same as standard 384 City of Palm Desert DUI Driver And Vehicle Impound Cost Recovery Fee Page 3 of 3 Note: Palm Springs and Indio are not listed in the above comparison due to their tiered fee model. Commission Recommendation: The Public Safety Commission reviewed this matter at their March 11, 2025, meeting and recommended approval of the resolution. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: The proposed VICR fee structure will be updated annually to ensure alignment with changes in operational expenses and inflation while reducing the need for frequent adjustments. The recommended increase from $165 to $275 for standard impounds and a $1,190 fee for DUI - related impounds will enable the City to recover costs associated with DUI and vehicle impoundment. ATTACHMENTS: 1. Resolution No. 2025-___ 2. Supplemental Information Sheriff’s DUI/VICR Fee 3. Resolution No. 2014-95 4. PowerPoint Presentation 385 386 RESOLUTION NO. 2025-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE AMOUNT OF THE DUI DRIVER AND VEHICLE IMPOUND COST RECOVERY FEE PURSUANT TO CHAPTER 10.25 OF THE PALM DESERT MUNICIPAL CODE AND RESCINDING RESOLUTION NO. 2014-95 WHEREAS, the Riverside County Sheriff's Department, acting as the Palm Desert Police Department, impounds and/or stores vehicles from highways, public property, or private property within the City of Palm Desert during the normal course of duty; and WHEREAS, the Riverside County Sheriff's Department, acting as the Palm Desert Police Department, impounds and/or stores vehicles pursuant to its authority under California Vehicle Code Sections 22650 through 22669 and 23152 through 23273; and WHEREAS, Vehicle Code Section 22850.5, added by Assembly Bill 481 (Chapter 614, Statutes of 1993), specifically authorizes cities, by ordinance or resolution, to establish an administrative charge related to the removal, impound, storage, or release of vehicles (the “Vehicle Impound Cost Recovery Fee” and the “DUI Driver Vehicle Impound Cost Recovery Fee”, and collectively the “Fees”); and WHEREAS, Chapter 10.25 of the Palm Desert Municipal Code imposes an administrative charge relating to the removal, impound, storage, or release of vehicles, the amount of which fee is to be set; and WHEREAS, the City Council of the City of Palm Desert established the Vehicle Impound Cost Recovery Fee and DUI Driver Vehicle Impound Cost Recovery Fee by adopting Resolution No. 2014-95 on December 11, 2014; and WHEREAS, the calculation of the estimated reasonable costs to the City for implementing the Fees are set forth in Exhibit “A” and Exhibit “B” a ttached hereto and are incorporated herein by this reference; and WHEREAS, the City has complied with the procedural requirements pursuant to California Government Code, section 66018 which requires the City to hold a noticed public hearing as part of a regularly scheduled meeting, at which oral and written presentations regarding the Fees may be made; and WHEREAS, notice for the public hearing notified all interested persons the public hearing will take place at 4:00pm on April 10, 2025 at the Civic Center Council Chambers located at 73510 Fred Waring Drive, Palm Desert, CA 92260 and said notice was provided pursuant to Government Code, section 6062a which requires at least ten (10) days’ notice prior to the date of the public hearing published twice with at least five (5) days intervening between each publication; and WHEREAS, the City Council of the City of Palm Desert now desires and intends to update the Fees to ensure full cost recovery, and align with current inflation and operational expenses. 387 Resolution No. 2025- Page 2 NOW, THEREFORE, BE IT RESOLVED by the City of Palm Desert, California City Council as follows: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Council finds the following: 1. Notice of the public hearing was published twice with at least five (5) days intervening between each publication on March 28, 2025, with a second notice published on April 4, 2025, the first date being at least ten (10) days prior to the date of the public hearing. 2. The duly noticed public hearing was held and all oral and written presentations regarding the Fees were heard and considered. 3. The Fees do not exceed the estimated reasonable costs incurred by the City in enforcing the vehicle impound program and DUI-related impounds. 4. Resolution No. 2014-95 is hereby rescinded. SECTION 3. The City Council adopts the Fees, as identified in the attached Exhibit “A” and Exhibit “B” and the City Council now directs City staff to implement the Fees to be effective April 10, 2025. All previous Fees in effect are to be superseded and replaced as described herein. SECTION 4. The City Council further authorizes the Fees to be automatically increased beginning July 1, 2026, and each July 1 thereafter, by the lesser of (i) the actual percentage increase imposed upon the City by the Riverside County Sheriff’s Department pursuant to the contract rate for services or (ii) five percent (5%), to be imposed and added to the then current Fees, without future action of the City Council or need for future public hearings, until such time as new Fees are adopted, or this authorization is revoked by the City Council. SECTION 5. Individuals who are acquitted of all charges may request a refund of the assessed Fees by contacting the Palm Desert Sheriff’s Station within thirty (30) days of the acquittal date. Requests received after this period may be considered by submitting a request to the City Manager of the City, whose decision will be final. SECTION 6. This Resolution relates only to the adoption of the Fees and does not affect any other City fee, charge, or rates previously adopted by the City Council. SECTION 7. The City Council further finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 8. If any provision of this Resolution or the application thereof to any 388 Resolution No. 2025- Page 3 person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 9. This resolution shall take effect immediately upon its adoption. ADOPTED ON _________________. JAN C. 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. 2025-__ 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 389 EXHIBIT A CALCULATION OF ACTUAL CITY COSTS FOR PROCESSING A DUI/VEHICLE IMPOUND PROGRAM AND UPDATING THE AMOUNT OF THE DUI/VEHICLE IMPOUND COST RECOVERY FEE The City of Palm Desert contracts with the Riverside County Sheriff’s Department for police services. For Fiscal Year 2024-25, the Sheriff’s Department has established a patrol rate of $229.55 per hour. This rate does not solely reflect the compensation of deputies but also encompasses support staff costs and associated operational expenses. The City estimates that impounding or storing nuisance vehicles requires a minimum of five hours of combined officer and support staff time. This process typically includes the following key steps: Task Position Conduct Investigations Field Sobriety Tests Document Scene/Evidence Prepare Vehicle Storage Reports Vehicle Search/Inspection Okay to book suspect from hospital Transport suspect to jail Admin. Paperwork Search Warrants BAC Evidence Collection, Processing Complete Police Report NCIC Entry Processing/Filing of report (court, OMV, Imaging) Notice of Stored Vehicle Mailing Review & Approve Police Report Conduct Tow Hearing Deputy Deputy Deputy Deputy Deputy Deputy Deputy Deputy Deputy Deputy Deputy Office Assistant Sergeant or Corporal As part of the Vehicle Impound Cost Recovery (VICR) Program, all VICR payments will be initially collected by the Police Department and subsequently forwarded to the City for processing. The Finance Department will manage all financial aspects of the program, including record- keeping, payment processing, cash and check deposits, transaction tracking, and overall accounting of related fees. The estimated administrative cost for program management is $45, based on one hour of an Accounting Technician’s time. To ensure full cost recovery for the impound process, the DUI/VICR fee of $1,190 per vehicle, has been calculated as follows: Deputy Cost: $229.55 × 5 Hours = $1,147.75 390 Resolution No. 2025- Page 5 City Administrative Cost: $45.00 × 1 Hour = $45.00 Total Cost: $1,192.75 (Rounded DUI/VICR Fee: $1,190.00) 391 Resolution No. 2025- Page 6 EXHIBIT B CALCULATION OF ACTUAL CITY COSTS FOR PROCESSING A VEHICLE IMPOUND PROGRAM AND UPDATING THE AMOUNT OF THE VEHICLE IMPOUND COST RECOVERY FEE The City of Palm Desert contracts with the Riverside County Sheriff's Department for police services. For Fiscal Year 2024-25, the Sheriff’s Department established a patrol rate of $229.55 per hour. This rate includes deputy salaries, fringe benefits, insurance, and various support systems necessary for operations. The City estimates that the process of impounding or storing nuisance vehicles requires a minimum of 1.25 hours of combined officer and support staff time. This process typically involves the following sequence of events: Task Position Vehicle search and Inventory. Completion of Stored Vehicle Report - CHP 180. Contact dispatch requesting tow service. Contact tow company requesting service. Wait for arrival of tow company. Contact information Services Bureau (ISB) or station clerical staff and ensure vehicle entered into NCIC as stored/impounded. Enter vehicle into NCIC as stored. Write police report. Review and approve police report. Mail Notice of Stored Vehicle. Enter data from the report into the Report Management System & process paperwork. Conduct Tow Hearing. Deputy or Community Services Officer (CSO) Deputy or CSO Deputy or CSO Dispatcher Deputy or CSO Deputy or CSO Office Assistant Office Assistant Sergeant or Corporal Office Assistant Office Assistant Sergeant or Corporal All Vehicle Impound Cost Recovery (VICR) payments will be initially collected by Police Department staff and subsequently forwarded to the City for processing. The Finance Department will be responsible for maintaining records, processing payments, depositing cash and checks, tracking transactions, and overseeing the general accounting of all associated fees. The Finance Department estimates that administering this program requires approximately one hour of an Accounting Technician’s time, equating to a cost of $45. To ensure full cost recovery, the VICR fee has been calculated as follows: Deputy Cost: $229.55 392 Resolution No. 2025- Page 7 City Administrative Cost: $45.00 Total Cost: $274.55 (Rounded VICR Fee: $275.00) 393 394 RIVERSIDE COUNTY Sheriff P. 0. BOX 512 • RIVERSIDE, CALIFORNIA 92502 • (951) 955-2400 • FAX (951) 955-2428 VEHICLE IMPOUND COST RECOVERY RELEASE (V.I.C.R.) Registered owner(s): Legal owner(s): Doe, John 1111 First Street Anytown, CA 91111 � I a, --.. File Number: T143620153 Date Towed: 12/ll/2014Q: License Plate / VIN: 7G75776 Available for Release: 01/11/2015 Description: 2003 Nissan Frontier White Authority: 14602.6 V.C. -30 day impound for no CDL Tow Company: Sullivan Towing 43100 Light Hill, Anytown. CA. 91111 760-555-7560 The vehicle above, registered in your name, was stored / impounded pursuant to the provisions of the California Vehicle Code by our agency. In accordance with the California Vehicle Code Section 22850.5, Riverside County Resolution #95-075 and Palm Desert City Resolution #2025- __, a fee in the amount shown must be paid to the Riverside County Sheriffs Department prior to the release of the vehicle. THIS FEE IS IN ADDITION TO WHATEVER FEES ARE DUE TO THE TOW COMPANY FOR THE TOWING/STORAGE OF THE VEHICLE This fee may be paid at: Riverside Sheriffs Department Palm Desert Station 73-705 Gerald Ford Dr. Palm Desert, CA. 92211 (760)836-1600 CASH ONLY Hours: Monday-Friday 8:30 am - 4:30 pm Fees are set by the city where the vehicle was towed from and are: $275.00 Non-DUI VICR Fee $1,190.00 DUI VICR Fee On weekends, holidays, or after hours the fee may be paid to the storage facility where the vehicle is stored, providing all license and registration information is valid. Fees are subject to change. Palm Desert Station 73-705 Gerald Ford Dr. Palm Desert, CA. 92211 (760) 836-1600 395 396 RESOLUTION NO. 2014- 95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE AMOUNT OF THE DUI DRIVER AND VEHICLE IMPOUND COST RECOVERY FEE PURSUANT TO CHAPTER 10.25 OF THE PALM DESERT MUNICIPAL CODE AND RESCINDING RESOLUTION NO. 09-67. WHEREAS, the Riverside County Sheriffs Department, acting as the Palm Desert Police Department, impounds and/or stores numerous and various vehicles from highways, public property, or private property, in the City of Palm Desert during the normal course of duty; and WHEREAS, the Riverside County Sheriffs Department, acting as the Palm Desert Police Department, impounds and/or stores vehicles pursuant to its authority under the California Vehicle Code Sections 22650 through 22669; and Section 23152 through 23273 and WHEREAS, Vehicle Code Section 22850.5 added by Assembly Bill 481, Chapter 614 Statutes of 1993, became effective January 1, 1994, specifically authorizing cities by ordinance or resolution to establish an administrative charge relating to the removal, impound, storage, or release of vehicles; and WHEREAS, Vehicle Code Section 53150 specifies that any person who is under the influence of an alcoholic beverage or any drug, whose negligent operation of a motor vehicle caused by that influence proximately causes any incident resulting in an appropriate emergency response, to be liable for the expense of an emergency response by a public agency to the incident. WHEREAS, Chapter 10.25 of the Palm Desert Municipal Code imposes an administrative charge relating to the removal, impound, storage, or release of vehicles, the amount of which fee is to be set by resolution; WHEREAS, the City Council of the City of Palm Desert established the Vehicle Impound Cost Recovery Fee by adopting Resolution No. 09-67 on September 10, 2009; and WHEREAS, the City Council of the City of Palm Desert now desires and intends to revise the Vehicle Impound Cost Recovery Fee and also include the DUI/Traffic Collision Vehicle Impound Cost Recovery Fee WHEREAS, the calculation of actual cost to the City for processing the DUI/Traffic Collision Vehicle Impound Program and the Vehicle Impound Program are set forth in "Exhibit A" and "Exhibit B" attached hereto. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1: Resolution No. 09-67 is hereby rescinded. 397 Resolution No. 2014- 95 SECTION 2: Pursuant to Chapter 10.25 of the Palm Desert Municipal Code, the administrative fee for the recovery of impounded and/or stored vehicles shall be one hundred and sixty-five dollars ($165.00) if a DUI traffic collision is not involved and seven hundred and five dollars ($705.00) if a DUI traffic collision is involved. SECTION 3: Individuals that are acquitted of all crimes that they are charged with may request a refund of the assessed Vehicle Impound Cost Recovery (VICR) fee, by contacting the Palm Desert Sheriff's Station no later than thirty days after the acquittal date. Reimbursement requests that are greater than thirty days may be considered by obtaining City Manager approval. SECTION 4: The Resolution shall take effect upon adoption. PASSED, APPROVED, AND ADOPTED this 11 m day of December , 2014, by the City Council of the City of Palm Desert, Califomia, by the following vote, to wit: AYES: HARNIK, JONATHAN, SPIEGEL, TANNER, and WEBER NOES: NONE ABSENT: NONE ABSTAIN: NONE STJSAN MARIE WEBER, MAYOR ATTEST: RAHELLE D. IRE SEN, CITY CLEMK CITY OF PALM DESERT, CALIFORNIA 398 Resolution No. 2014- 95 EXHIBIT A CALCULATION OF ACTUAL CITY COSTS FOR PROCESSING A DUINEHICLE IMPOUND PROGRAM AND ESTABLISHING THE AMOUNT OF THE DUINEHICLE IMPOUND COST RECOVERY FEE The City of Palm Desert currently contracts for Police Services with the Riverside County Sheriff's Department. The patrol rate for FY 13-14 established by the Sheriffs Department is $139.29 hour. This number includes deputy salary, fringe benefits, insurance and numerous support systems. The City of Palm Desert estimates that the average time spent by officers and support staff when impounding or storing nuisance vehicles is a minimum of five hours. This undertaking involves the following typical sequence of events: Task Conduct Investigations Field Sobriety Tests Document Scene/Evidence Prepare Vehicle Storage Reports Vehicle Search/Inspection Okay to book suspect from hospital Transport suspect to jail Admin. Paperwork Search Warrants BAC Evidence Collection, Processing Complete Police Report NCIC Entry Processing/Filing of report (court, DMV, Imaging) Notice of Stored Vehicle Mailing Review & Approve Police Report Conduct Tow Hearing Position Deputy Deputy Deputy Deputy Deputy Deputy Deputy Deputy Deputy Deputy Deputy Office Assistant Office Assistant Office Assistant Sergeant or Corporal Sergeant or Corporal 399 Resolution No. 2014- 95 The City of Palm Desert Finance Department has determined that there will be additional costs to administer this program. All Vehicle Impound Cost Recovery VICR) payments will be initially collected by Police Department staff then forwarded to the City for processing. The Finance Department will be responsible for record keeping, processing, depositing cash and checks, tracking payments and general accounting of all fees. The Finance Department estimates the cost to administer this program to be approximately $29 (.25 hour of Accounting Technician's time). Therefore the City of Palm Desert Police Department recommends that a DUINICR fee of $705 per vehicle be established. Deputy cost: $679.81 City Admin. Cost: $29.00 (.25 hour-includina benefits) TOTAL: $708.81 (DUINICR FEE=$705.00) 400 Resolution No. 2014- 95 EXHIBIT B CALCULATION OF ACTUAL CITY COSTS FOR PROCESSING A VEHICLE IMPOUND PROGRAM AND ESTABLISHING THE AMOUNT OF THE VEHICLE IMPOUND COST RECOVERY FEE The City of Palm Desert currently contracts for Police Services with the Riverside County Sheriffs Department. The patrol rate for FY 13-14 established by the Sheriffs Department is $139.29 hour. This number includes deputy salary, fringe benefits, insurance and numerous support systems. The City of Palm Desert estimates that the average time spent by officers and support staff when impounding or storing nuisance vehicles is a minimum of 1.25 hours. This undertaking involves the following typical sequence of events: Task Position Vehicle search and Inventory Deputy or Community Services Officer (CSO) Completion of Stored Vehicle Report - CHP 180 Deputy or CSO Contact dispatch requesting tow service Deputy or CSO Contact tow company requesting service Dispatcher Wait for arrival of tow company Deputy or CSO Contact Information Services Bureau (ISB) or Deputy or CSO station clerical staff and ensure vehicle entered into NCIC as stored/impounded Enter vehicle into NCIC as stored Office Assistant Write police report Office Assistant Review and approve police report Sergeant or Corporal Mail Notice of Stored Vehicle Office Assistant Enter data from report into Report Management Office Assistant System & process paperwork Conduct Tow Hearing Sergeant or Corporal The City of Palm Desert Finance Department has determined that there will be additional costs to administer this program. All Vehicle Impound Cost Recovery VICR) payments will be initially collected by Police Department staff then forwarded to the City for processing. The Finance Department will be responsible for record keeping, processing, depositing cash and checks, tracking payments and general accounting of all fees. 401 Resolution No. 2014- 95 The Finance Department estimates the cost to administer this program to be approximately $29 (.25 hr. of Accounting Technician's time). Therefore the City of Palm Desert Police Department recommends that a DUI/VICR fee of $165 per vehicle be established. Deputy cost: $139.29 Citv Admin. Cost: $29.00 (.25 hour-includinq benefits TOTAL: $168.29 (REVISED VICR FEE=$165.00) 402 DUI & VEHICLE IMPOUND COST RECOVERY FEE UPDATE 2025 Public Hearing April 10, 2025 403 PURPOSE •Update VICR fees to reflect actual City costs •Ensure full cost recovery for standard and DUI- related impounds •Request Council adoption of updated resolution 2404 WHY THE CHANGE? •Last update: 2014 •Increased Sheriff’s contract rates •Regional comparison shows Palm Desert undercharging •Align with inflation and actual staff time 3405 PROPOSED FEE ADJUSTMENT 4 Fee Type Current Proposed Standard Impound $165 $275 DUI Impound $705 $1,190 406 5 COST BREAKDOWN Standard: •Deputy/Admin time = $274.55 → Rounded: $275 DUI: •Deputy/Admin time = $1,192.75 → Rounded: $1,190 407 6 REGIONAL COMPARISON Palm Desert’s proposed DUI fee is aligned with full cost recovery and higher than nearby cities: •Indian Wells: $670 •Cathedral City: $566 •Rancho Mirage, La Quinta: No DUI-specific fee 408 7 KEY PROVISIONS •Annual increase (from July 2026): lesser of 5% or Sheriff’s rate hike •Refunds available upon acquittal (within 30 days) •Replaces Resolution No. 2014-95 409 RECOMMENDATION •Adopt Resolution No. 2025-___ •Approve updated VICR fees •Implement automatic adjustments 8410 THANK YOU Daniel Hurtado dhurtado@palmdesert.gov 760-776-6414 411