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HomeMy WebLinkAboutAgenda Package - Palm Desert City Council - Regular Meeting_Jul10_2025 PALM DESERT CITY COUNCIL MEETING AGENDA Thursday, July 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: June 26, 2025 4.b Public Employee Performance Evaluation pursuant to Government Code Section 54954.5(e) Interim City Manager 5.ROLL CALL - REGULAR MEETING - 4:00 P.M. 6.PLEDGE OF ALLEGIANCE Councilmember Pradetto 7.INSPIRATION Councilmember Quintanilla 8.REPORT OF CLOSED SESSION City Attorney Shah 9.AWARDS, PRESENTATIONS, AND APPOINTMENTS 9.a OUTDOOR WORKER APPRECIATION PROCLAMATION 13 10.CITY MANAGER COMMENTS 10.a LIBRARY - YEAR ONE UPDATE 11.MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION 12.NONAGENDA PUBLIC COMMENTS This time has been set aside for the public to address the City Council on issues that are not on the agenda for up to three minutes. Speakers may utilize one of the three options listed on the first page of the agenda. Because the Brown Act does not allow the City Council to act on items not listed on the agenda, members may briefly respond or refer the matter to staff for a report and recommendation at a future meeting. 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. Palm Desert City Council Meeting Agenda July 10, 2025 2 RECOMMENDATION: To approve the consent calendar as presented. 13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES 15 RECOMMENDATION: Approve the Minutes of June 26, 2025. 13.b APPROVAL OF WARRANT REGISTERS 33 RECOMMENDATION: Approve the warrant registers issued for the period 6/19/2025 to 6/26/2025. 13.c ADOPTION OF ORDINANCE NO. 1431, APPROVING A GENERAL PLAN AMENDMENT FROM SMALL TOWN NEIGHBORHOOD TO NEIGHBORHOOD CENTER FOR A 2.21 ACRE PROPERTY ON THE NORTHWEST CORNER OF FRED WARING DRIVE AND FAIRHAVEN AVENUE AND MAKING A FINDING OF EXEMPTION UNDER CEQA 65 RECOMMENDATION: Adoption of Ordinance No. 1431 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT FROM SMALL TOWN NEIGHBORHOOD TO NEIGHBORHOOD CENTER FOR A 2.21 ACRE PROPERTY ON THE NORTHWEST CORNER OF FRED WARING DRIVE AND FAIRHAVEN AVENUE AND MAKING A FINDING OF EXEMPTION UNDER CEQA. (ASSESSOR’S PARCEL NUMBER 640-040-016).” 13.d ADOPTION OF ORDINANCE NO. 1432, AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 9.24, NOISE CONTROL, TO ESTABLISH UNIFORM PROPERTY MAINTENANCE OPERATING HOURS AND MAKING A FINDING OF EXEMPTION UNDER CEQA 73 RECOMMENDATION: Adoption of Ordinance No. 1432 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 9.24, NOISE CONTROL, TO ESTABLISH UNIFORM PROPERTY MAINTENANCE OPERATING HOURS AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” 13.e LETTER OF SUPPORT FOR THE JOSLYN CENTER’S GRANT APPLICATION TO BIGHORN GOLF CLUB CHARITIES FOR HVAC SYSTEM REPLACEMENT 81 RECOMMENDATION: Ratify issuance of a letter of support for The Joslyn Center’s application to BIGHORN Golf Club Charities requesting grant funding to replace HVAC units at its facility. Palm Desert City Council Meeting Agenda July 10, 2025 3 13.f LETTER OF SUPPORT FOR DESERT RECREATION DISTRICT’S GRANT APPLICATION TO BIGHORN GOLF CLUB CHARITIES 85 RECOMMENDATION: Ratify issuance of a letter of support for the Desert Recreation District’s grant application to BIGHORN Golf Club Charities requesting funding to provide scholarships for residents to participate in core programs and activities. 13.g LETTER OF SUPPORT FOR THE RANDALL W. LEWIS CENTER FOR ENTREPRENEURSHIP AND SCHOOL OF ENTREPRENEURSHIP APPLICATION TO THE THRIVE INLAND SOCAL CATALYST GRANT PROGRAM 89 RECOMMENDATION: Ratify issuance of a letter of support for the Randall W. Lewis Center for Entrepreneurship and the School of Entrepreneurship’s application to the THRIVE Inland SoCal Catalyst Grant Program to sustain and expand programming delivered through the Palm Desert Entrepreneurial Resource Center. 13.h RESOLUTION SETTING THE CITY COUNCIL REGULAR MEETING SCHEDULE FOR THE CALENDAR YEAR 2026 93 RECOMMENDATION: Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING THE CITY COUNCIL REGULAR MEETING SCHEDULE FOR THE CALENDAR YEAR 2026.” 13.i CORRECTION TO APPOINTMENT TERM FOR THE JOSLYN COVE SENIOR CENTER BOARD 99 RECOMMENDATION: Approve a correction to the term of appointment for Janet Davidson to the Joslyn Cove Senior Center Board, establishing the term as July 1, 2025, through June 30, 2027, in accordance with the Joslyn Center’s bylaws. 13.j REJECT ALL BIDS FOR CAHUILLA HILLS PARK AND TRAILHEAD ADA IMPROVEMENTS AND AUTHORIZE STAFF TO READVERTISE FOR BID, PROJECT NO. MPK00005 101 RECOMMENDATION: Reject all bids submitted for the Cahuilla Hills Park and Trailhead ADA Improvements. 1. Authorize staff to re-bid the project with revisions to contractor license requirements. 2. Palm Desert City Council Meeting Agenda July 10, 2025 4 13.k RESOLUTION REAFFIRMING PARTICPATION IN THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM 103 RECOMMENDATION: Adopt a resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REAUTHORIZING PARTICIPATION IN THE PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PROGRAM AND SUPERSEDING RESOLUTION NO. 2020-49.” 1. Authorize the City Manager, or their designee, to execute all documents required or deemed necessary or appropriate by the California Department of Housing and Community Development (HCD) for the continued administration of PLHA funds, including but not limited to funding agreements, amendments, and reporting documents; 2. 13.l MEMORANDUM OF UNDERSTANDING WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS FOR THE CV HOUSING FIRST PROGRAM, AND AUTHORIZE PAYMENT FOR FISCAL YEAR 2025-2026 111 RECOMMENDATION: Approve a Memorandum of Understanding (MOU) with Coachella Valley Association of Governments (CVAG) for the CV Housing First Program not to exceed $125,000 in FY 2025-2026. 1. Authorize the City Attorney to make any necessary nonmonetary changes to the MOU. 2. Authorize the Director of Finance to appropriate and disburse funds as necessary to implement the MOU. 3. Authorize the City Manager to execute the MOU.4. 13.m AUTHORIZE REGISTRATION WITH RENTAL ASSISTANCE PROVIDERS AS A PAYEE FOR PALM DESERT HOUSING AUTHORITY RESIDENT SUPPORT 121 RECOMMENDATION: Authorize staff to register the Palm Desert Housing Authority as a payee/vendor with local and regional rental assistance providers to facilitate receipt of rental assistance funds on behalf of eligible residents. 1. Authorize the Executive Director to approve registration with any additional nonprofit and government-based service providers. 2. 13.n AUTHORIZATION TO INCREASE FY 2024/25 POOL AND SPA ADDITIONAL SERVICES WITH SERVICE FIRST, LLC 123 RECOMMENDATION: Authorize an increase of $6,581.00 to the not-to-exceed amount for additional services for pool and spa repairs with Service First, LLC, for Fiscal Year 2024/25. Palm Desert City Council Meeting Agenda July 10, 2025 5 13.o RESOLUTION DECLARING CITY OWNED PROPERTY LOCATED ON PORTOLA AVENUE NORTH OF HAYSTACK, APN 630-250-052, AS SURPLUS LAND UNDER THE GOVERNMENT CODE SECTION 54221 AND CATAGORICALLY EXEMPT FROM CEQA 125 RECOMMENDATION: Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY OWNED BY THE CITY OF PALM DESERT LOCATED AT 47501 PORTOLA AVENUE (PORTION OF APN 630-250-052) IS SURPLUS LAND AND NOT NECESSARY FOR THE CITY’S USE, FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING RELATED ACTIONS.” This action declares approximately 0.95 acres of city-owned property located on Portola Avenue, north of Haystack Road (APN 630-250-052), as surplus land in accordance with the California Surplus Land Act (SLA) while retaining approximately 0.33 acres for City use. 13.p APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HOLISTIC SYSTEM INTEGRATION SOLUTIONS FOR SUPPLEMENTAL STAFFING AND PROCESS IMPROVEMENT FOR LAND MANAGEMENT AND PERMIT CENTER OPERATIONS. 139 RECOMMENDATION: Approve a Professional Services Agreement with Holistic System Integration Solutions for on-call supplemental staffing services, for an amount not to exceed $192,000 for Fiscal Year 2025-26. 1. Authorize the City Attorney to make any non-monetary changes to the agreement. 2. Authorize the City Manager or designee to execute any change orders or amendments, including extensions of the agreement, provided such actions remain within the approved amount. 3. 13.q AWARD A TWO-YEAR SERVICE AGREEMENT TO FG CREATIVE FOR MERCHANT RELATION SERVICES RELATED TO EL PASEO, IN AN AMOUNT NOT TO EXCEED $40,000. 161 RECOMMENDATION: Approve a Service Agreement with FG Creative, Inc., for El Paseo merchant relation services in an amount not to exceed $40,000 for a two-year term, through Fiscal Year 2026/27. 1. Authorize the City Attorney to make non-monetary changes and the City Manager to execute all necessary documents. 2. Palm Desert City Council Meeting Agenda July 10, 2025 6 13.r AUTHORIZE AMENDMENT NO. 4 TO AGREEMENT NO. A43790 WITH FG CREATIVE TO EXTEND THE CONTRACT TERM FOR THREE MONTHS AND INCREASE COMPENSATION BY $36,600. 171 RECOMMENDATION: Approve Amendment No. 4 to Agreement No. A43790 with FG Creative to extend the term of the contract through September 30, 2025, and increase total compensation by $36,600. 1. Authorize the City Attorney to make necessary non-monetary changes to the agreement. 2. Authorize the City Manager to execute the amendment and any related documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 3. 13.s APPROVE AMENDMENT NO. 4 TO CONTRACT NO. C43390 WITH IDEA PEDDLER, LLC TO ALIGN FY 2024/25 COMPENSATION WITH PREVIOUSLY APPROVED SCOPE OF SERVICES 213 RECOMMENDATION: Approve Amendment No. 4 to Contract No. C43390 with Idea Peddler, LLC to align the compensation terms with the approved services for FY 2024/25. 1. Authorize the City Attorney to make necessary, nonmonetary changes to the Agreement. 2. Authorize the City Manager to execute the amendment and any related documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. 3. 13.t AMENDMENT NO. 1 FOR THE DISBURSEMENT AND USE OF FUNDS AGREEMENT BETWEEN THE CITY OF PALM DESERT AND FINE QUALITY FOODS, INC., DBA PAPA DAN’S PIZZA AND PASTA TO EXTEND THE BUSINESS OPENING DEADLINE 267 RECOMMENDATION: Ratify Amendment No. 1 for the Disbursement and Use of Funds Agreement extending the deadline to commence operations from July 1, 2025, to September 1, 2025, or reasonably thereafter. 1. Authorize the City Manager or designee to execute all documents, agreements, amendments, and related instruments necessary to implement and carry out the intent of this item. 2. 13.u DECLARATION OF SURPLUS PROPERTY AND AUTHORIZATION OF DISPOSAL 287 RECOMMENDATION: Declare the items listed on Attachment 1 of this staff report as surplus property and authorize disposal as appropriate. Palm Desert City Council Meeting Agenda July 10, 2025 7 13.v AUTHORIZE FUNDS FOR THE PURCHASE OF GURNEYS AND STAIR CHAIRS FROM STRYKER SALES CORPORATION 291 RECOMMENDATION: Authorize an additional $1,376 for the purchase of gurneys and stair chairs from Stryker Sales Corporation for a total purchase price of $236,647.87 in Fiscal Year 2024/25. 1. Authorize the purchase of gurneys and stair chairs from Stryker Sales Corporation for an amount not to exceed $118,244.70 in Fiscal Year 2025/26, plus a $5,000 contingency for unforeseen expenses. 2. Authorize the City Manager to execute any documents necessary to effectuate the actions taken herewith. 3. 13.w APPROVE CHANGE ORDER NO. 2 TO CONTRACT C45130 WITH M & M SWEEPING, INC., FOR STREET AND PARKING LOT SWEEPING SERVICES (PROJECT NO. MST00010) 301 RECOMMENDATION: Approve Change Order No. 2 to Contract C45130 with M&M Sweeping, Inc., for Citywide Street Sweeping Services, in the amount of $10,800, increasing the total annual amount to $252,000 per fiscal year, subject to a Services Price Increase. 1. Authorize the City attorney to make non-monetary changes to the agreement and change order. 2. Authorize City Manager to execute change orders, the two extension amendments, and any documents necessary to effectuate the actions taken herewith. 3. 13.x APPROVE CONSTRUCTION TASK ORDER AND FURNITURE CHANGE ORDER FOR CITY HALL OFFICE SPACE IMPROVEMENTS – PHASE THREE (PROJECT NO. SFA00006) 307 RECOMMENDATION: Authorize the City Manager to approve Task Orders under Contract No. C44620 for Office Space Improvements - Phase Three, in an aggregate amount not-to-exceed $800,000 in Fiscal Year 2025/26. 1. Authorize the City Manager to approve a Change Order to Quality Office Furnishings Contract No. A48790, for the purchase of additional cubicles in an amount not-to-exceed $50,000 for various departments. 2. Authorize the City Attorney to make necessary non-monetary changes to the agreement. 3. Authorize the City Manager to execute the task orders and documents necessary to effectuate these actions. 4. Palm Desert City Council Meeting Agenda July 10, 2025 8 13.y AUTHORIZE CITY MANAGER TO AWARD CONTRACT TO JEREMY HARRIS CONSTRUCTION, INC., FOR NUISANCE SOIL REMOVAL (PROJECT NO. SCC00001) 395 RECOMMENDATION: Authorize the City Manager to award a construction agreement to Jeremy Harris Construction, Inc., of Riverside, California, for the Nuisance Soil Removal Project for total compensation of $529,998, plus $105,000 contingency for unforeseen conditions. 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 written requests for change orders up to the contingency amount, amendments, and any other documents necessary to effectuate this action, in accordance with Palm Desert Municipal Code Section 3.30.170. 3. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the Project. 4. Reject all bids opened on October 29, 2024.5. 13.z AWARD CONTRACT TO ST. FRANCIS ELECTRIC, LLC, FOR ON-CALL TRAFFIC SIGNAL MAINTENANCE AND EMERGENCY RESPONSE SERVICES 429 RECOMMENDATION: Award a Maintenance Services Agreement to St. Francis Electric, LLC. for On-call Traffic Signal Maintenance and Emergency Response Services at an annual not-to-exceed amount of $200,000, for a three-year term with two 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, amendments, change orders, and any other documents necessary to effectuate this action. 3. Palm Desert City Council Meeting Agenda July 10, 2025 9 13.aa AUTHORIZE THE PURCHASE OF SHADE STRUCTURES AND PLAYGROUND EQUIPMENT FOR THE CIVIC CENTER PARK IMPROVEMENTS (PROJECT NO. CFA00011) 477 RECOMMENDATION: Authorize the purchase of seven playground shade structures from Shade Structures, Inc., dba USA SHADE & Fabric Structures, in the amount of $492,158.92, plus $50,000 in contingency for unforeseen expenses. 1. Authorize the purchase of playground equipment from Landscape Structures, Inc. in the amount of $445,406.10, plus a $45,000 contingency for unforeseen expenses. 2. Authorize the City Attorney to make necessary non-monetary changes to the agreements. 3. Authorize the City Manager to execute the agreement and any other documents, changes, or amendments necessary to effectuate this action. 4. 14.ACTION CALENDAR The public may comment on individual Action Items within the three-minute time limit. Speakers may utilize one of the three options listed on the first page of the agenda. 14.a RESOLUTION APPROVING FINAL PARCEL MAP NO. 38366 AND AGREEMENTS 519 RECOMMENDATION: Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION OF FINAL PARCEL MAP NO. 38366.” 1. Authorize the Mayor to execute Easement Agreements.2. Authorize the City Attorney to make non-substantive changes to the Agreements and City Manager to execute said Agreements. 3. 14.b INTRODUCTION OF AN AMENDING PALM DESERT MUNICIPAL CODE SECTION 2.34.050 RELATED TO ADVISORY BODY OFFICERS 615 RECOMMENDATION: Introduce an ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE SECTION 2.34.050 RELATED TO ADVISORY BODY OFFICERS.” 1. Direct the City Clerk to immediately implement the policy establishing an annual rotation of advisory body chairperson and vice chairperson positions using a numeric seat-based system. 2. Palm Desert City Council Meeting Agenda July 10, 2025 10 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. 16.INFORMATION ITEMS 17.ADJOURNMENT Palm Desert City Council Meeting Agenda July 10, 2025 11 18.PUBLIC NOTICES Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated office for inspection of records in connection with this meeting is the Office of the City Clerk, Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda items considered in open session, and documents provided to a majority of the legislative bodies are available for public inspection at City Hall and on the City’s website at www.palmdesert.gov by clicking “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 July 10, 2025 12 WHEREAS, outdoor workers provide many essential services throughout California; and WHEREAS, industries like emergency services, landscaping, renewable energy, public utilities, agriculture, professional sports, tourism, and construction depend heavily upon the labor of outdoor workers; and WHEREAS, in addition to the physical hardships, outdoor work is particularly difficult in the summer months when temperatures regularly exceed 90 degrees Fahrenheit and reach up to 120 degrees in desert regions; and WHEREAS, outdoor workers who provide vital services to Californians during these months face heightened risk for heat illness, smoke exposure, and heat-related death; and WHEREAS, in the last decade, the United States Bureau of Labor Statistics reported 479 worker deaths due to environmental heat exposure, and workplace safety experts believe that the actual number of heat-related fatalities may be underreported or misreported as another cause, such as heart attacks; and WHEREAS, employers are now required to protect outdoor workers by providing adequate rest time, water, and shade during the summer; and , outdoor workers tirelessly dedicate their efforts to maintaining and improving our communities, while facing numerous challenges, including exposure to extreme weather conditions, physical exertion, and occupational hazards; and WHEREAS, the contributions of outdoor workers often go unnoticed and underappreciated, despite their indispensable role in the daily lives of all Californians; and , recognition and appreciation of outdoor workers promotes better working conditions, safety, and productivity. NOW, THEREFORE, I, Jan C. Harnik, Mayor of the City of Palm Desert, and the entire City Council, do hereby proclaim July 13-19, 2025, as Outdoor Worker Appreciation Week in the City of Palm Desert and encourage all residents to join us in celebrating their contributions to our city. 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 July 2025. 13 14 1 Study Session of the Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, and Board of Library Trustees Minutes June 26, 2025, 3:00 p.m. Present: Mayor Jan Harnik, Councilmember Gina Nestande*, Mayor Pro Tem Evan Trubee, Councilmember Karina Quintanilla, Councilmember Joe Pradetto *Councilmember Nestande participated remotely in accordance to AB 2449. 1. CALL TO ORDER - STUDY SESSION A Study Session of the Palm Desert City Council was called to order by Mayor Harnik on Thursday, June 26, 2025, at 3:00 p.m., in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. 2. STUDY SESSION TOPICS 2.a RECEIVE DIRECTION ON FURTHER STUDY OF THE PORTOLA AVENUE INTERCHANGE PROJECT Interim Deputy Director of Development Services Flores introduced Jason Pack of Fehr & Peers who narrated a PowerPoint presentation and responded to City Council inquiries. Direction was given to proceed with including the Portola Interchange in the Circulation Element of the Palm Desert General Plan. 3. ADJOURNMENT The City Council adjourned the Study Session at 3:33 p.m. Respectfully submitted, _________________________ Michelle Nance Acting Assistant City Clerk/Assistant Secretary _________________________ Anthony J. Mejia, MMC City Clerk/Secretary 15 16 Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, and Board of Library Trustees Regular Meeting Minutes June 26, 2025, 3:30 p.m. Present: Mayor Jan Harnik, Councilmember Gina Nestande*, Mayor Pro Tem Evan Trubee, Councilmember Karina Quintanilla, Councilmember Joe Pradetto *Councilmember Nestande participated remotely in accordance to AB 2449 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, June 26, 2025, at 3:34 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 3:34 p.m. 4. CLOSED SESSION AGENDA 4.a Closed Session Meeting Minutes: June 12, 2025 4.b Conference with Real Property Negotiations pursuant to Government Code Section 54956.8 Property Description: 37023 Cook Street Suite 102 Agency: City of Palm Desert City Negotiator: Chris Escobedo/Richard Cannone/Martin Alvarez Negotiating Parties: California State University San Bernardino Under Negotiation: Price and Terms 5. ROLL CALL - REGULAR MEETING - 4:00 P.M. 6. PLEDGE OF ALLEGIANCE Mayor Harnik led the Pledge of Allegiance. 7. INSPIRATION Mayor Pro Tem Trubee provided words of inspiration. 8. REPORT OF CLOSED SESSION City Attorney Shah stated that direction was given by the City Council; no reportable actions were taken. 17 City Council Meeting Minutes June 26, 2025 2 9. AWARDS, PRESENTATIONS, AND APPOINTMENTS None. 10. CITY MANAGER COMMENTS 10.a SHERIFF DEPARTMENT UPDATE Sergeant Cryder of the Riverside County Sheriff's Office provided an update on public education regarding heat safety during summer activities and shared information about California’s new touch-free cell phone law to prevent distracted driving. 10.b POINT-IN-TIME COUNT UPDATE Homeless and Supportive Service Manager Tenorio narrated a PowerPoint presentation and responded to City Council inquiries. 11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmembers provided updates on their attendance at various events. 12. NON­AGENDA PUBLIC COMMENTS Benjamin Jones, La Quinta resident, spoke on the need to address non-operational Electric Vehicle (EV) charging stations within the community. 13. CONSENT CALENDAR Motion by: Councilmember Pradetto Seconded by: Councilmember Quintanilla To approve the consent calendar as presented. Motion Carried (5 to 0) 13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES Motion by: Councilmember Pradetto Seconded by: Councilmember Quintanilla Approve the Minutes of June 12, 2025. Motion Carried (5 to 0) 13.b APPROVAL OF WARRANT REGISTERS Motion by: Councilmember Pradetto Seconded by: Councilmember Quintanilla Approve the warrant registers issued for the period 4/12/2025 to 6/12/2025. Motion Carried (5 to 0) 18 City Council Meeting Minutes June 26, 2025 3 13.c MAY 2025 PROCUREMENT REPORT Motion by: Councilmember Pradetto Seconded by: Councilmember Quintanilla Receive and file the monthly Procurement Report for May 2025. Motion Carried (5 to 0) 13.d ADOPTION OF ORDINANCE 1429 ADOPTING FIRE HAZARD SEVERITY ZONES AS RECOMMENDED BY THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION PURSUANT TO GOVERNMENT CODE SECTION 51178 Motion by: Councilmember Pradetto Seconded by: Councilmember Quintanilla Adoption of Ordinance No. 1429 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING FIRE HAZARD SEVERITY ZONES AS RECOMMENDED BY THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION PURSUANT TO GOVERNMENT CODE SECTION 51178.” Motion Carried (5 to 0) 13.e APPROVAL OF A FIVE-YEAR FIRE SERVICES COOPERATIVE AGREEMENT WITH THE RIVERSIDE COUNTY FIRE DEPARTMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, AND EMERGENCY MEDICAL SERVICES Motion by: Councilmember Pradetto Seconded by: Councilmember Quintanilla 1. Approve the proposed Five-Year Cooperative Agreement No. C49450 with the Riverside County Fire Department, effective July 1, 2025, through June 30, 2030, for the continued provision of fire protection, rescue, In - house fire marshal, hazardous materials mitigation, and emergency medical services within the City of Palm Desert. 2. Authorize the City Manager to execute the Cooperative Agreement and any future amendments that do not result in material changes to service levels or exceed adopted budget appropriations. Motion Carried (5 to 0) 19 City Council Meeting Minutes June 26, 2025 4 13.f APPROVE CITY SPONSORSHIP AND OUTSIDE AGENCY FUNDING FOR FISCAL YEAR 2025-26 Motion by: Councilmember Pradetto Seconded by: Councilmember Quintanilla 1. Approve Community Sponsorship Awards in the amount of $540,000 to the agencies listed herein with associated restrictions and conditions, including confirmation of events prior to distribution, if applicable. 2. Approve Outside Agency Funding Awards in the amount of $1,790,135 to the agencies listed herein with associated restrictions and conditions, and all applicable program requirements. 3. Approve Five-Year Funding Agreement with the McCallum Theatre for $300,000 per year, Not to Exceed $1,500,000 for Palm Desert Program Funding Partnership. 4. Authorize the City Manager or his designee, to consider alternative requests during the year provided the request is consistent with the original request and unassigned budget. 5. Pending approval of the FY 2025-26 City of Palm Desert Annual Budget, authorize the City Manager to execute any documents necessary to effectuate the actions taken herewith. Motion Carried (5 to 0) 13.g APPROVE ANNUAL COMPUTER SOFTWARE AND HARDWARE MAINTENANCE FOR THE LISTED VENDORS IN THE ESTIMATED AMOUNT OF $1,852,183 AND AUTHORIZE CITY MANAGER TO EXECUTE RENEWAL AGREEMENTS Motion by: Councilmember Pradetto Seconded by: Councilmember Quintanilla 1. Approve Fiscal Year 2025-26 recurring annual computer software and hardware maintenance costs for the listed vendors in the estimated amount of $1,852,183. 2. Authorize the City Manager to execute renewal agreements, change orders, amendments, and any document necessary to effectuate this action. Motion Carried (5 to 0) 20 City Council Meeting Minutes June 26, 2025 5 13.h RESOLUTION AUTHORIZING THE GRANT APPLICATION FOR THE LAND AND WATER CONSERVATION FUND (LWCF) FOR THE NORTH PALM DESERT COMMUNITY PARK PROJECT Motion by: Councilmember Pradetto Seconded by: Councilmember Quintanilla 1. Adopt Resolution No. 2025-040 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE APPLICATION FOR THE LAND AND WATER CONSERVATION FUND FOR THE NORTH PALM DESERT COMMUNITY PARK PROJECT.” 2. Authorize the City Manager to execute documents related to the grant application, reporting, and payments. Motion Carried (5 to 0) 13.i PURCHASE OF GRASS SEED FROM THE LOWEST RESPONSIBLE BIDDER FOR FISCAL YEAR 2025/26 (PROJECT NO. MLS00021) Motion by: Councilmember Pradetto Seconded by: Councilmember Quintanilla 1. Authorize the City Manager to approve the purchase of 174,500 pounds of grass seed from the lowest responsible bidder, in an amount not to exceed $300,000 for Fiscal Year 2025/26. 2. Pursuant to PDMC Section 3.30.160(I), make a finding that such purchase is in the best interest of the City. 3. Authorize the City Attorney to make necessary non-monetary changes to the agreement. 4. Authorize the City Manager to execute the agreement and any other documents, changes, or amendments necessary to effectuate this action. Motion Carried (5 to 0) 21 City Council Meeting Minutes June 26, 2025 6 13.j AWARD ON-CALL CONTRACTS TO EIGHT VENDORS FOR FACILITIES REPAIRS AND IMPROVEMENTS (PROJECT NO. MFA00009) Motion by: Councilmember Pradetto Seconded by: Councilmember Quintanilla 1. Award maintenance service agreements C49470A through C49470H to eight vendors (C49470A to AMTEK Construction, C49470B to Brian Stemmer Construction, C49470C to Cove Electric, Inc., C49470D to MBE Construction, C49470E to PUB Construction, C49470F to Servpro of Palm Springs Indio Coachella La Quinta Indian Wells, C49470G to Southern Pacific Construction, and C49470H to Urban Worx Construction) for Facilities Repairs and Improvements, in an aggregate amount not to exceed $4,500,000 per Fiscal Year, for a three-year term with two one- year extensions. 2. Authorize the City Attorney to make necessary non-monetary changes to the agreements. 3. Authorize the City Manager/Executive Director to execute the agreements and any other documents necessary to effectuate this action. 4. Authorize National Community Renaissance of California, to enter into on- call contracts with the eight vendors for Facilities Repairs and Improvements, on behalf of the Palm Desert Housing Authority. 5. Authorize the City Manager/Executive Director to execute a Notice of Completion (NOC) and the City Clerk to file an NOC upon satisfactory completion of construction related tasks. Motion Carried (5 to 0) 13.k RESOLUTION AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2021-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2025/2026 Motion by: Councilmember Pradetto Seconded by: Councilmember Quintanilla Adopt Resolution 2025-041 entitled “RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2021-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2025/2026.” Motion Carried (5 to 0) 22 City Council Meeting Minutes June 26, 2025 7 13.l RESOLUTION AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2025/2026 Motion by: Councilmember Pradetto Seconded by: Councilmember Quintanilla Adopt Resolution 2025-042 entitled “RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2025/2026.” Motion Carried (5 to 0) 13.m RESOLUTION APPROVING THE SUMMARY VACATION OF A PORTION OF THE PUBLIC SERVICE EASEMENT ON LOT 6 AND 7 OF TRACT MAP 30438 Motion by: Councilmember Pradetto Seconded by: Councilmember Quintanilla Adopt Resolution 2025-043 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE SUMMARY VACATION OF A PORTION OF THE PUBLIC SERVICE EASEMENT ON LOT 6 AND LOT 7 OF TRACT MAP 30438." Motion Carried (5 to 0) 13.n RELEASE THE MAINTENANCE BOND FOR TRACT MAP 37506-1 PARKS A AND B, UNIVERSITY PARK Motion by: Councilmember Pradetto Seconded by: Councilmember Quintanilla Release the Maintenance Bond for Tract Map 37506 -1 in the full amount of $58,393.28. Motion Carried (5 to 0) 23 City Council Meeting Minutes June 26, 2025 8 13.o RELEASE THE FAITHFUL PERFORMANCE BOND, LABOR AND MATERIALS BOND FOR OFFSITE IMPROVEMENTS, PARTICULATE MATTER BOND, ACCEPT THE MAINTENANCE BOND, AUTHORIZE APPROPRIATION OF FUNDS FOR REIMBURSEMENT IN AN AMOUNT NOT TO EXCEED $593,000 Motion by: Councilmember Pradetto Seconded by: Councilmember Quintanilla 1. Accept Public Improvements for the extension of Technology Drive and Zenith Drive. 2. Release the following bonds for the extension of Technology Drive and Zenith Drive (PG22-0007): 1. Faithful Performance Bond in the amount of $1,137,582. 2. Labor and Materials Bond in the amount of $1,137,582. 3. Release Particulate Matter (PM10) Bond for Rough Grading Permit (RG22-0008) in the amount of $29,940 to Apogee Professional Services. 4. Accept Maintenance Bond in the amount of $113,758.20. 5. Authorize an appropriation of $293,000 from unobligated Capital Project Funds to Street Capital Improvement Account No. 4004311-432000. 6. Authorize reimbursement to Palm Desert University Gateway, LLC in the amount not to exceed $593,000 for street improvements adjacent to the city-owned parcel. Motion Carried (5 to 0) 13.p RELEASE PARTICULATE MATTER (PM10) BONDS FOR COMPLETED PROJECTS Motion by: Councilmember Pradetto Seconded by: Councilmember Quintanilla Release the following PM 10 Bonds: 1. Starwood Vacational Ownership Inc in the amount of $22,270 2. Villa Portofino phase 29 (PG21-0013) in the amount of $1,420 3. Villa Portofino phase 32 (PG21-0015) in the amount of $1,420 4. Chick-Fil-A (PG19-0029) in the amount of $740 5. Hovley Gardens (PG21-0018) in the amount of $3,980 6. Villa Portofino phase 25 (PG21-0011) in the amount of $1,420 7. Villa Portofino phase 1 (PG21-0026) in the amount of $2,560 8. Single Family Grading 143 Tepin Way (SFGR22-0005) in the amount of $1,360 24 City Council Meeting Minutes June 26, 2025 9 9. Mechanics Bank (PG22-0040) in the amount of $820 10. Heartbeat at 22 (PG22-0037) in the amount of $1,440 11. Carmax Auto Superstore (PG23-0010) in the amount of $3,220 12. Palms to Pines Plaza West (PG23-0001) in the amount of $460 13. Single Family Grading 49981 Canyon View Dr (SFGR23-0002) in the amount of $980 Motion Carried (5 to 0) 14. ACTION CALENDAR 14.a ADOPT POLICIES FOR THE FLEET MANAGEMENT AND REPLACEMENT SCHEDULE AND AUTHORIZE APPROPRIATION AND THE PURCHASE OF SIX HYBRID VEHICLES Director of Public Works Chavez and Ruth Alfson of Matrix Consulting Group provided a staff report and responded to City Council inquiries. Motion by: Councilmember Pradetto Seconded by: Councilmember Quintanilla 1. Adopt Resolution 2025-044 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING ADMINISTRATIVE POLICY REGARDING FLEET MANAGEMENT.” 2. Adopt Resolution 2025-045 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING FLEET REPLACEMENT SCHEDULE.” 3. Reject all bids received under OpenGov for Fleet Vehicles: Six 2025 Plug - In Hybrid 4-Door Vehicles. 4. Authorize the purchase of six 2025 Plug-In Hybrid 4-Door Vehicles through a Cooperative Purchasing Agreement from National Auto Fleet Group, from Watsonville, California, in the amount of $236,350.44, plus $10,000 in contingency for unforeseen items. 5. Appropriate $500,000 from unobligated Equipment Replacement Fund Balance to Account No. 5304310-440300. 6. Appropriate $2,681,980 from General Fund Balance Committed Equipment Replacement Reserve ($2,967,611) allocation and transfer out/into Equipment Replacement Fund Capital Auto/Fleet Vehicles Account No. 5304310-4403000. 7. Authorize the City Manager to reallocate equipment, timing, and annual estimated costs to achieve economies of scale and/or proactively purchase available inventory. 25 City Council Meeting Minutes June 26, 2025 10 8. Authorize the City Attorney to make necessary non-monetary changes to the agreement(s) 9. Authorize the City Manager to execute the agreement(s) and any other documents necessary to effectuate this action. Motion Carried (5 to 0) 14.b APPROVE THE MANAGEMENT DISTRICT PLAN AND ORDER THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE PRESIDENT’S PLAZA I PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2025/26 Management Analyst Gonzalez and Kian Hoodeh of Willdan Financial Services provided a staff report and responded to City Council inquiries. Motion by: Mayor Pro Tem Trubee Seconded by: Councilmember Pradetto 1. Adopt Resolution 2025-046 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND ADOPTING THE MANAGEMENT DISTRICT PLAN FOR THE PRESIDENT’S PLAZA I PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2025/2026.” 2. Adopt Resolution 2025-047 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE PRESIDENT'S I PLAZA PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2025/2026.” Motion Carried (5 to 0) 14.c RESOLUTIONS TO APPROVE THE MANAGEMENT DISTRICT PLAN AND ORDER THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE PRESIDENT’S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2025/26 Management Analyst Gonzalez and Kian Hoodeh of Willdan Financial Services provided a staff report and responded to City Council inquiries. Motion by: Councilmember Quintanilla Seconded by: Councilmember Pradetto 1. Adopt Resolution 2025-048 entitled “RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE MANAGEMENT DISTRICT PLAN FOR THE PRESIDENT’S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT, FISCAL YEAR 2025/2026.” 26 City Council Meeting Minutes June 26, 2025 11 2. Adopt Resolution 2025-049 entitled “RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE PRESIDENT’S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT, FISCAL YEAR 2025/2026.” Motion Carried (5 to 0) 14.d INTRODUCTION OF AN ORDINANCE AMENDING PALM DESERT MUNICIPAL CODE SECTION 2.34.050 RELATED TO ADVISORY BODY OFFICERS City Clerk Mejia provided a staff report and responded to City Council inquiries. Motion by: Councilmember Pradetto Seconded by: Councilmember Quintanilla 1. Introduce Ordinance 1430 entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE SECTION 2.34.050 RELATED TO ADVISORY BODY OFFICERS.” 2. Direct the City Clerk to immediately implement the policy that advisory body chairperson and vice chairperson positions shall rotate annually. No member may serve consecutive terms in the same officer position, in order to provide broader opportunities for members to serve in leadership roles. Motion Carried (5 to 0) 14.e CLARIFICATION ON THE 2025 STRATEGIC PLAN PROJECT TIMELINE City Clerk Mejia narrated a PowerPoint presentation and responded to City Council inquiries. Motion by: Councilmember Pradetto Seconded by: Councilmember Quintanilla City Council directed staff not to proceed with execution of the consultant agreement; established a City Council subcommittee consisting of Councilmember Pradetto and Councilmember Quintanilla; and directed staff to schedule a future study session on the current Strategic Plan. NOES (1): Mayor Harnik Motion Carried (4 to 1) 27 City Council Meeting Minutes June 26, 2025 12 15. PUBLIC HEARINGS 15.a APPROVAL OF RESOLUTIONS RELATED TO THE ADOPTION OF THE FISCAL YEAR 2025-26 FINANCIAL PLAN AND CAPITAL IMPROVEMENT PROGRAM 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 Pradetto Seconded by: Mayor Pro Tem Trubee 1. Conduct a Joint Public Hearing and accept public comment on the proposed Fiscal Year 2025-26 City and Housing Authority Financial Plan, including the Capital Improvement Program. 2. Adopt Resolution 2025-050 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING THE FINANCIAL PLAN FOR THE FISCAL YEAR JULY 1, 2025 THROUGH JUNE 30, 2026, AND CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2025-26 THROUGH 2029-30.” 3. Adopt Resolution 2025-051 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2025-26.” 4. Adopt Resolution HA-131 entitled “A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY OF PALM DESERT, CALIFORNIA, ADOPTING THE HOUSING AUTHORITY’S FINANCIAL PLAN FOR THE FISCAL YEAR JULY 1, 2025, THROUGH JUNE 30, 2026.” 5. Adopt Resolution 2025-052 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, RESCINDING AND REPLACING RESOLUTION NO. 2025-006, ADOPTING AUTHORIZED CLASSIFICATIONS, ALLOCATED POSITIONS, SALARY SCHEDULE, AND SALARY RANGES INCLUDED HEREIN AND ATTACHED AS “EXHIBIT A” EFFECTIVE JULY 1, 2025”, setting the Fiscal Year 2025-26 Salary Schedules, Salary Ranges, and Allocated Classifications. 6. Approve Fiscal Year 2025-26 Out-of-State Travel List as listed in the attached memorandum. Motion Carried (5 to 0) 28 City Council Meeting Minutes June 26, 2025 13 15.b APPROVE THE ENGINEER’S REPORT, ORDER THE LEVY AND COLLECTION OF ASSESSMENTS IN THE CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2025-26 Management Analyst Gonzalez provided a staff report. Mayor Harnik opened and closed the public hearing, there being no member of the public wishing to speak. Motion by: Councilmember Pradetto Seconded by: Mayor Pro Tem Trubee Adopt Resolution 2025-053 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE ENGINEER’S REPORT AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2025-26, PURSUANT TO THE PROVISIONS OF THE BENEFIT ASSESSMENT ACT OF 1982.” Motion Carried (5 to 0) 15.c APPROVE THE ENGINEER’S REPORT, AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS WITHIN CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING DISTRICT NO. 1 FOR FISCAL YEAR 2025/26 Management Analyst Gonzalez provided a staff report. Mayor Harnik opened and closed the public hearing, there being no member of the public wishing to speak. Motion by: Councilmember Pradetto Seconded by: Mayor Pro Tem Trubee 1. Adopt Resolution 2025-054 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE ENGINEER’S REPORT FOR CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING DISTRICT NO. 1 FOR FISCAL YEAR 2025/2026.” 2. Adopt Resolution 2025-055 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING DISTRICT NO. 1 FOR FISCAL YEAR 2025/2026.” Motion Carried (5 to 0) 29 City Council Meeting Minutes June 26, 2025 14 15.d APPROVE A GENERAL PLAN AMENDMENT FROM SMALL TOWN NEIGHBORHOOD TO NEIGHBORHOOD CENTER AND CHANGE OF ZONE FROM PLANNED RESIDENTIAL TO OFFICE PROFESSIONAL FOR A PROPERTY ON THE NORTHWEST CORNER OF FRED WARING AND FAIRHAVEN Interim Deputy Director of Development Services Flores narrated a PowerPoint presentation and responded to City Council inquiries. Mayor Harnik opened the public hearing. Oscar Lua, applicant, spoke in support of the proposed general plan amendment and responded to City Council inquiries Mayor Harnik closed the public hearing, there being no other member of the public wishing to speak. Motion by: Councilmember Quintanilla Seconded by: Councilmember Pradetto 1. Hold a public hearing and introduce Ordinance 1431 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT FROM SMALL TOWN NEIGHBORHOOD TO NEIGHBORHOOD CENTER FOR A 2.21 ACRE PROPERTY ON THE NORTHWEST CORNER OF FRED WARING DRIVE AND FAIRHAVEN AVENUE AND MAKING A FINDING OF EXEMPTION UNDER CEQA. (ASSESSOR’S PARCEL NUMBER 640- 040-016).” 2. Adopt Resolution 2025-056 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF ZONE FROM PLANNED RESIDENTIAL TO OFFICE PROFESSIONAL FOR A 2.21 ACRE PROPERTY ON THE NORTHWEST CORNER OF FRED WARING DRIVE AND FAIRHAVEN AVENUE AND MAKING A FINDING OF EXEMPTION UNDER CEQA. (ASSESSOR’S PARCEL NUMBER 640-040-016).” Motion Carried (5 to 0) 30 City Council Meeting Minutes June 26, 2025 15 15.e INTRODUCTION OF AN ORDINANCE AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 9.24, NOISE CONTROL, TO ESTABLISH UNIFORM PROPERTY MAINTENANCE OPERATING HOURS – CEQA DETERMINATION Code Compliance Supervisor Rodriguez provided a staff report 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 Quintanilla Seconded by: Councilmember Pradetto Introduce Ordinance 1432 entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 9.24, NOISE CONTROL, TO ESTABLISH UNIFORM PROPERTY MAINTENANCE OPERATING HOURS AND MAKE A FINDING OF EXEMPTION UNDER CEQA.” Motion Carried (5 to 0) 16. INFORMATION ITEMS None. 17. ADJOURNMENT The City Council adjourned at 6:15 p.m. Respectfully submitted, _________________________ Michelle Nance Acting Assistant City Clerk/Assistant Secretary _________________________ Anthony J. Mejia, MMC City Clerk/Secretary 31 32 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 6/19/2025 - 6/19/2025 City of Palm Desert Account Number 06/19/202500004571 A+ WINDOW & GUTTER CLEANINGW1 R/M WINDOW CLEAN - HENDERSON43698005104195 9694 1,690.00 06/19/202500004572 AMAZON CAPITAL SERVICES INC.W1 MEMORY CARDS42110001104422 13CM-XY1V-7XG9 59.80 06/19/202500004572 AMAZON CAPITAL SERVICES INC.W1 DIGITAL LEVEL/DOOR PRESS GAUGE42180001104420 141P-7XJK-7731 462.58 06/19/202500004572 AMAZON CAPITAL SERVICES INC.W1 OUTLET TESTER/LASER/TAPE MEAS42180001104420 1G4Q-FKXQ-HMTY 258.78 06/19/202500004572 AMAZON CAPITAL SERVICES INC.W1 SAFETY VESTS & HELMETS43915001104420 1G4Q-FKXQ-HMTY 194.68 06/19/202500004572 AMAZON CAPITAL SERVICES INC.W1 Certificate Holders CITY HALL42190001104110 1R4L-XW9J-Q6L9 91.32 06/19/202500004572 AMAZON CAPITAL SERVICES INC.W1 Staff Supplies- Portable Fans42190001104154 1TF3-KYFW-LHYJ 130.48 06/19/202500004572 AMAZON CAPITAL SERVICES INC.W1 AAA Batteries42110001104159 1KTP-WJV4-VVT1 23.97 06/19/202500004572 AMAZON CAPITAL SERVICES INC.W1 Prime Annual Fee FY24/2543630001104159 1JXJ-L4L4-9WTW 211.79 06/19/202500004572 AMAZON CAPITAL SERVICES INC.W1 Prime Annual Fee FY25/2614300001100000 1JXJ-L4L4-9WTW 635.37 06/19/202500004572 AMAZON CAPITAL SERVICES INC.W1 Office supplies42110001104130 1KDH-KKGW-KQMG 286.35 06/19/202500004573 BRINKS CAPITAL LLCW1 Transport Services - 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6/19/2025 City of Palm Desert Account Number 06/19/202502007030 XPRESS GRAPHICSW1 LIB CARD APPLICATIONS43610002524662 25-70759 486.21 Examined and Approved Total For Bank ID - W1 1,267,856.39City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 06/19/2025Report Date 15Page City and Housing Docusign Envelope ID: A833DD5D-0436-4467-8093-65450860EB91 47 48 Check DateCheck Number Vendor NameBank ID Check Register Amount PaidInvoiceTransaction Desc 6/26/2025 - 6/26/2025 City of Palm Desert Account Number 06/26/202500004617 AETNA RESOURCES FOR LIVINGW1 5/14 Training Workshop43090001104154 E0346769 800.00 06/26/202500004618 AIR EXCHANGE INCW1 R/M PLYMOVENT EXHAUST SYS FS3343310002304220 91614650 1,237.91 06/26/202500004618 AIR EXCHANGE INCW1 R/M PLYMOVENT EXHAUST SYS FS3343310002304220 91614650 2,680.04 06/26/202500004619 ALLEY, JEFFREY LYNNW1 COPS DONUTS- MEETING 6/1043060011104211 COPS 6.10 JA 31.87 06/26/202500004620 ALLIANT INSURANCE SERVICES INCW1 7/04/2025 Event Ins 2025 25/2614301001100000 3133155 1,540.00 06/26/202500004620 ALLIANT INSURANCE SERVICES INCW1 7/04/2025 Event Ins 2025 25/2614301001100000 3134799 9.50 06/26/202500004620 ALLIANT INSURANCE SERVICES INCW1 7/04/2025 Event Ins 2025 24/2543061011104416 3133155 1,540.00 06/26/202500004620 ALLIANT INSURANCE SERVICES INCW1 7/04/2025 Event Ins 2025 24/2543061011104416 3134799 9.50 06/26/202500004621 ALTA PLANNING + DESIGN INCW1 AP-MY25 PDVISION ZERO STRATEGY50009102134300 3040002023267-17 19,097.46 06/26/202500004622 AMAZON CAPITAL SERVICES INC.W1 COPS outreach material43060011104211 1PKY-PV3L-CPTQ 99.56 06/26/202500004622 AMAZON CAPITAL SERVICES INC.W1 COPS Patrol supplies43060011104211 1YLJ-311R-CYXD 147.84 06/26/202500004622 AMAZON CAPITAL SERVICES INC.W1 MAY PROGRAMMING SUPPLIES43900002524662 1PRT-76Q1-HJW1 878.31 06/26/202500004622 AMAZON CAPITAL SERVICES INC.W1 MAY 2025 PROGRAMMING SUPPLIES43900002524662 191N-GNYJ-HK4W 114.15 06/26/202500004622 AMAZON CAPITAL SERVICES INC.W1 MAY 2025 SPECIAL PROGRAMMING43900002524662 1MWH-DKFJ-37D7 42.47 06/26/202500004622 AMAZON CAPITAL SERVICES INC.W1 Dsktp. Whiteboard, index tabs42110001104110 134P-1NWP-RXYN 28.74 06/26/202500004622 AMAZON CAPITAL SERVICES INC.W1 Ofc. 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JOE MANN42190001104611 25-68564 560.81 06/26/202502007131 XPRESS GRAPHICSW1 Haystack TC Proposal Boards50009092134565 24-63071 70.38 Examined and Approved Total For Bank ID - W1 6,685,349.87City Manager Examined and Approved Mayor or Mayor Pro-Tem Audited and Found Correct Director of Finance 06/26/2025Report Date 15Page City and Housing Docusign Envelope ID: 6EBF56B1-D914-48F3-A8D9-FA432239C283 63 64 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 10, 2025 PREPARED BY: Michelle Nance, Senior Deputy Clerk SUBJECT: ADOPTION OF ORDINANCE NO. 1431, APPROVING A GENERAL PLAN AMENDMENT FROM SMALL TOWN NEIGHBORHOOD TO NEIGHBORHOOD CENTER FOR A 2.21 ACRE PROPERTY ON THE NORTHWEST CORNER OF FRED WARING DRIVE AND FAIRHAVEN AVENUE AND MAKING A FINDING OF EXEMPTION UNDER CEQA. RECOMMENDATION: Adoption of Ordinance No. 1431 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT FROM SMALL TOWN NEIGHBORHOOD TO NEIGHBORHOOD CENTER FOR A 2.21 ACRE PROPERTY ON THE NORTHWEST CORNER OF FRED WARING DRIVE AND FAIRHAVEN AVENUE AND MAKING A FINDING OF EXEMPTION UNDER CEQA. (ASSESSOR’S PARCEL NUMBER 640-040-016).” BACKGROUND/ANALYSIS: On June 26, 2025, the City Council unanimously introduced Ordinance No. 1431 for first reading. This report is provided for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30 days from adoption. FINANCIAL IMPACT: There is no direct financial impact with this action. ATTACHMENTS: 1. Ordinance No. 1431 65 66 ORDINANCE NO. 1431 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESEERT, CALIFORNIA APPROVING A GENERAL PLAN AMENDMENT FROM SMALL TOWN NEIGHBORHOOD TO NEIGHBORHOOD CENTER FOR A 2.21 ACRE PROPERTY ON THE NORTHWEST CORNER OF FRED WARING DRIVE AND FAIRHAVEN AVENUE AND MAKING A FINDING OF EXEMPTION UNDER CEQA. (ASSESSOR’S PARCEL NUMBER 640-040-016) CASE NOS. GPA24-0001 WHEREAS, Dignity Investment Group (“Applicant”), submitted a request to change the general plan land use designation and zoning designation of a 2.21-acre parcel located at the northwest corner of Fred Waring Drive and Fairhaven Avenue from Small Town Neighborhood to Neighborhood Center and Planned Residential – 7 units per acre to Office Professional, respectively; and WHEREAS, the Project site has a land use designation of Small Town Neighborhood in the Palm Desert General Plan adopted on November 10, 2016, and a zoning designation of Planned Residential – 7 units per acre (PR-7); and WHEREAS, the Project Site has been developed with existing improvements which generally consist of a single unoccupied building previously occupied by a church, related parking lot and landscaping, and is adequately served by existing public utilities and services; and WHEREAS, the proposed General Plan Amendment would not create any nonconforming uses or structures on site; and WHEREAS, the proposed General Plan Amendment and Change of Zone would allow the site to remain suitable for residential uses at a maximum density of 15 units per acre; and WHEREAS, the proposed General Plan Amendment and Change of Zone would make the land use consistent with the adjacent property to the west and allow the site to continue existing vehicular connectivity to said project site; and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State California Environmental Quality Act (CEQA) Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and WHEREAS, pursuant to the requirements of the CEQA, the State Guidelines for Implementation of CEQA (State CEQA Guidelines), and the City of Palm Desert CEQA Implementation Requirements, the City of Palm Desert Development Services Department has determined that the Project will not have a significant impact on the 67 Ordinance No. 1431 environment and that the Project is categorically exempt under Article 19, Section 15301 Existing Facilities (Class 1) of the CEQA Guidelines; therefore, no further environmental review is necessary; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of May 2025, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above-noted Project request and adopted Planning Commission Resolution 2891 recommending the City Council approve said Project; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 26th day of June 2025, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above-noted Project request; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. General Plan Amendment. As required by Palm Desert Municipal Code “PDMC” Section 25.78.070, the following findings to approve a General Plan Amendment: There is a substantial public benefit to be derived from such amendment and the proposed amendment furthers the goals of the General Plan. The General Plan Amendment (GPA) is in the public’s interest as it will maintain the character of Fred Waring Drive by creating consistency in General Plan land use designation on the north side of Fred Waring, west of Fairhaven Drive. The project site has existed for decades as the site of a church with a parking lot that connects to an existing medical office park directly to the west. The existing General Plan land use allows for residential uses. The proposed General Plan Land use designation allows the site to establish non-residential uses that serve the needs of the neighborhood, meanwhile retaining its ability to have residential uses. The intent of Neighborhood Center is to provide a concentration of commercial businesses and civic amenities within walking and biking distances of neighborhoods, and the location off Fred Waring where this project site is located is ideal for this designation and uses based off its proximity to surrounding residential and a major thoroughfare (Fred Waring). SECTION 3. CEQA Determination. The City Council finds that the Project is exempt from CEQA per Section 15301 of the CEQA Guidelines as the Project is a Class 1 Exemption for “Existing Facilities” development. Class 1 applies to projects involving 68 Ordinance No. 1431 the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use. The proposed project change of land use would impact existing facilities and allow for their operation with additional uses. Additionally, the Project does not qualify for any of the exceptions pursuant to Article 19 of the CEQA Guidelines Section 15300.2 for “Exceptions.” SECTION 4. General Plan Amendment. The City Council approves the General Plan Amendment presented, as depicted in Exhibit “A.” SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 6. Posting and Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish a summary of this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. ADOPTED ON__________, 2025. ___________________________ JAN C. HARNIK MAYOR ATTEST: __________________________ ANTHONY J. MEJIA CITY CLERK 69 Ordinance No. 1431 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. 1431 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on June 26, 2025, and adopted at a regular meeting of the City Council held on __________ , 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on __________________ . ___________________________ ANTHONY J. MEJIA CITY CLERK 70 Arboleda Avenue F a i r h a v e n D r i v e Vista B o n i t a Fred Waring Dr i ve Ad oni s D r i v e Arboleda Avenue F a i r h a v e n D r i v e Vi s ta B o n i t a Fr ed Wa r i ng Driv e Ad o ni s D r i v e Existing Neighborhood Center Small Town Neighborhood Proposed Proposed General Plan Land Use Change for APN: 640-040-016 From Small Town Neighborhood to Neighborhood Center ± ± 71 72 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 10, 2025 PREPARED BY: Michelle Nance, Senior Deputy Clerk SUBJECT: ADOPTION OF ORDINANCE NO. 1432 AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 9.24, NOISE CONTROL, TO ESTABLISH UNIFORM PROPERTY MAINTENANCE OPERATING HOURS AND MAKING A FINDING OF EXEMPTION UNDER CEQA RECOMMENDATION: Adoption of Ordinance No. 1432 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 9.24, NOISE CONTROL, TO ESTABLISH UNIFORM PROPERTY MAINTENANCE OPERATING HOURS AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” BACKGROUND/AN ALYSIS: On June 26, 2025, the City Council unanimously introduced Ordinance No. 1432 for first reading. This report is provided for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30 days from adoption. FINANCIAL IMPACT: There is no direct financial impact with this action. ATTACHMENTS: 1. Ordinance No. 1432 73 74 Ordinance No. 1432 Page 1 ORDINANCE NO. 1432 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 9.24, NOISE CONTROL, TO ESTABLISH UNIFORM PROPERTY MAINTENANCE OPERATING HOURS AND MAKING A FINDING OF EXEMPTION UNDER CEQA. The purpose of this ordinance is to amend Palm Desert Municipal Code Chapter 9.24 Noise Control to align and update the operating hours for property maintenance activities, remove outdated language pertaining to noise related to agricultural operations, and exempt homeowners from the operating hours restrictions. THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Amendment to Municipal Code. Section 9.24.060 Special Provisions- Exemptions of Chapter 9.24 Noise Control of the Palm Desert Municipal Code is amended to read as follows: “9.24.060 Special Provisions-Exemptions. The following activities shall be exempted from the provisions of this chapter: A. School bands, school athletic and school entertainment events. B. Outdoor gatherings, public dances, shows and sporting and entertainment events; provided, the events are authorized by the city. C. Activities conducted in public parks and public playgrounds. D. Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work. E. Mobile noise sources associated with pest control through pesticide application. F. The provisions of this regulation shall not preclude the construction, operation, maintenance and repairs of equipment, apparatus or facilities of park and recreation departments, public work projects or essential public services and facilities, including those of public utilities subject to the regulatory jurisdiction of the California Public Utilities Commission. G. Noise sources associated with construction activities. Refer to 9.24.070, Construction activities. H. Property owners/tenants of residential dwellings conducting non- commercial property maintenance Monday through Sunday 75 Ordinance No. 1432 Page 2 between the hours of 7 am to 5:30 pm, including government code holidays.” SECTION 2. Amendment to Municipal Code. Section 9.24.075 Property Maintenance Activities of Chapter 9.24 Noise Control of the Palm Desert Municipal Code is amended to read as follows: “9.24.075 Property Maintenance Activities. A. Noise sources associated with property maintenance activity and all portable blowers, lawnmowers, edgers or similar devices shall be prohibited except during the following hours: Monday through Sunday: 7 a.m. to 5:30 p.m. Government code holidays: Not allowed Notwithstanding the hours of permitted operations, such equipment that constitutes a public nuisance may be abated as otherwise provided in this code. With the exception of blowers, all maintenance activities associated with golf courses and/or tennis courts can operate from five-thirty a.m. to seven p.m., seven days a week. B. All municipal maintenance activities are not subject to subsection A. C. No person shall willfully make or continue, or willfully cause to be made or continued, any noise from any portable powered blower at a level which exceeds seventy decibels (dBA) measured at the midpoint of a wall area twenty feet long and ten feet high and at the horizontal distance fifty feet away from the midpoint of the wall, or not more than seventy-six decibels (dBA) at a horizontal distance of twenty-four feet using a sound level meter. D. No portable powered blower shall be operated in a manner which will permit dirt, dust, debris, leaves, grass clippings, cuttings, or trimmings from trees or shrubs to be blown or deposited onto neighboring property or public right-of-way. All waste shall be removed and disposed of in a sanitary manner by the use or property occupant.” SECTION 3. CEQA Exemption. The City Council finds that this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), known as the “common sense” exemption. This determination is based on the clear assessment that there is no possibility the ordinance may have a significant effect on the environment. The ordinance provides administrative clarifications 76 Ordinance No. 1432 Page 3 regarding operating hours for the use of power equipment associated with property maintenance activities without expanding land use or initiating new developments, thereby maintaining existing environmental baselines. It ensures operational continuity for operating hours related to property maintenance. The amendments are administrative in nature and do not involve construction, physical alterations, or increases in development intensity, thus qualifying for the CEQA “common sense” exemption. SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 5. Posting and Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish a summary of this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. ADOPTED ON _______________. ____________________________ JAN C. HARNIK MAYOR ATTEST: ____________________________ ANTHONY J. MEJIA CITY CLERK 77 Ordinance No. 1432 Page 4 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. 1432 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on June 26, 2025, and adopted at a regular meeting of the City Council held on __________ , 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on __________________ . ___________________________ ANTHONY J. MEJIA CITY CLERK 78 Ordinance No. 1432 Page 5 79 80 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 10, 2025 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: LETTER OF SUPPORT FOR THE JOSLYN CENTER’S GRANT APPLICATION TO BIGHORN GOLF CLUB CHARITIES FOR HVAC SYSTEM REPLACEMENT RECOMMENDATION: Ratify issuance of a letter of support for The Joslyn Center’s application to BIGHORN Golf Club Charities requesting grant funding to replace HVAC units at its facility. BACKGROUND/ANALYSIS: The Joslyn Center is a vital community partner providing year -round wellness and social programs for older adults. It also serves as a designated Cooling Center in partnership with Riverside County during the region’s extreme summer he at. The Center is seeking funding assistance from BIGHORN Golf Club Charities to replace aging HVAC units that are inefficient, costly to maintain, and reliant on outdated Freon refrigerant. The upgrades will reduce operating costs, support sustainability goals, and allow The Joslyn Center to preserve its reserve funds for unforeseen needs. The request for support was submitted by The Joslyn Center and reviewed by the City Council Subcommittee on Governmental and Legislative Affairs, comprised of Mayor Harnik and Mayor Pro Tem Trubee, who approved issuing a letter of support. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no financial impact associated with this action. ATTACHMENT: 1. Letter of Support 81 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 June 17, 2025 Ms. Kelly Levy BIGHORN Golf Club Charities 255 Palowet Dr. Palm Desert, CA 92260 Dear Ms. Levy: On behalf of the City of Palm Desert, I am writing to express support for The Joslyn Center’s application to BIGHORN Golf Club Charities seeking grant assistance for the replacement of aging HVAC units at its facility. The Joslyn Center is a vital community asset and trusted partner that provides essential services to older adults and seniors throughout Palm Desert and the surrounding region. In addition to year-round programs that promote wellness, social engagement, an d independence, The Joslyn Center serves as a designated Cooling Center in partnership with Riverside County Community Action Partnership. This role is especially critical during the Coachella Valley’s extreme summer heat, when access to a safe, air -conditioned environment can be life-saving for vulnerable populations. We understand that the HVAC replacement project will improve energy efficiency, reduce operating costs, and support the Center’s ability to continue providing this essential service to the community. The City appreciates the consideration that BIGHORN Golf Club Charities gives to capital improvements that help strengthen the resilience and sustainability of local nonprofit facilities. Thank you for your ongoing support of local organizations through your charitable giving. Sincerely, Jan C. Harnik, Mayor City of Palm Desert 83 84 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 11, 2025 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: LETTER OF SUPPORT FOR DESERT RECREATION DISTRICT’S GRANT APPLICATION TO BIGHORN GOLF CLUB CHARITIES RECOMMENDATION: Ratify issuance of a letter of support for the Desert Recreation District’s grant application to BIGHORN Golf Club Charities requesting funding to provide scholarships for residents and to participate in core programs and activities. BACKGROUND/ANALYSIS: The Desert Recreation District plays a vital role in enriching the quality of life for Palm Desert residents of all ages and abilities. The District offers diverse programs, including Sen ior Programming, Youth Camps, Adaptive Programs, Sports Programs, Health & Wellness, Music & Creative Arts, and Annual Facility Memberships. These programs provide opportunities for personal growth, social connection, and improved well-being. Scholarships funded by this grant will ensure that low- and moderate-income residents who face financial barriers can participate. The request for support was submitted by Desert Recreation District and reviewed by the City Council Subcommittee on Governmental and Legislative Affairs, comprised of Mayor Harnik and Mayor Pro Tem Trubee, who approved issuing a letter of support. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no financial impact associated with this action. ATTACHMENT: 1. Letter of Support 85 86 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 June 23, 2025 Ms. Kelly Levy BIGHORN Golf Club Charities 255 Palowet Dr. Palm Desert, CA 92260 Dear Ms. Levy: On behalf of the City of Palm Desert, I am pleased to provide this letter of support for Desert Recreation District’s grant application to BIGHORN Golf Club Charities. The requested funding will directly support scholarships for residents to participate in Desert Recreation District’s core programs and activities. Desert Recreation District plays a vital role in enriching the quality of life for residents of all ages and abilities throughout our community. The programs supported by this grant — including Senior Programming, Youth Camps, Adaptive Programs, Sports Programs, Health & Wellness, Music & Creative Arts, and Annual Facility Memberships —offer opportunities for personal growth, social connection, and improved well-being. Access to these programs is particularly important for low- and moderate-income residents who may not otherwise be able to participate due to financial barriers. The City recognizes and greatly values Desert Recreation District’s commitment to promoting health, wellness, and community engagement. Scholarships funded through this grant will ensure that more residents can benefit from these programs, fostering a stronger, healthier, and more connected community. Thank you for your consideration and for your ongoing support of local organizations making a positive difference in the lives of Palm Desert residents. Sincerely, Jan C. Harnik, Mayor City of Palm Desert 87 88 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 11, 2025 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: LETTER OF SUPPORT FOR THE RANDALL W. LEWIS CENTER FOR ENTREPRENEURSHIP AND SCHOOL OF ENTREPRENEURSHIP APPLICATION TO THE THRIVE INLAND SOCAL CATALYST GRANT PROGRAM RECOMMENDATION: Ratify issuance of a letter of support for the Randall W. Lewis Center for Entrepreneurship and the School of Entrepreneurship’s application to the THRIVE Inland SoCal Catalyst Grant Program to sustain and expand programming delivered through the Palm Desert Entrepreneurial Resource Center. BACKGROUND/ANALYSIS: The Randall W. Lewis Center for Entrepreneurship a nd the School of Entrepreneurship operate the Palm Desert Entrepreneurial Resource Center (ERC) in partnership with the Inland Empire Center for Entrepreneurship and with funding support from the City of Palm Desert and the County of Riverside. The applicants requested a letter of support to accompany their grant application to the THRIVE Inland SoCal Catalyst Grant Program. If awarded, grant funding would be used to sustain and expand programming offered through the ERC. The request for support was revie wed by the City Council Subcommittee on Governmental and Legislative Affairs, comprised of Mayor Harnik and Mayor Pro Tem Trubee, who approved issuing a letter of support. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no financial impact associated with this action. ATTACHMENT: 1. Letter of Support 89 90 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 June 30, 2025 THRIVE Inland SoCal Catalyst Grant Program Subject: Support for the Randall W. Lewis Center for Entrepreneurship and School of Entrepreneurship Application – THRIVE Inland SoCal Catalyst Grant Program Dear Thrive Inland SoCal Review Committee: On behalf of the City of Palm Desert, this letter serves as a statement of strong support for the Randall W. Lewis Center for Entrepreneurship (RLCE) and the School of Entrepreneurship in their application for funding through the THRIVE Inland SoCal Catalyst Grant Program. The City of Palm Desert currently funds and supports the Inland Empire Center for Entrepreneurship (IECE) and the School to operate the Palm Desert Entrepreneurial Resource Center (ERC), in partnership with the County of Riverside. The Catalyst Grant will help sustain and expand these impactful programs, addressing critical needs in the City and the greater Coachella Valley. Small businesses in our community consistently cite challenges accessing mentorship, counseling, education, and capital. The programs delivered in 2024 by the RLCE and the School in Palm Desert have made measurable strides in overcoming these barriers. To date, they have assisted more than 1,700 small business owners, resulting in over $11 million in increased access to capital and sales, the launch of 22 new startups, and support for more than 300 jobs created or retained. We are particularly enthusiastic about new initiatives planned through the ERC, such as the Cybersecurity Entrepreneurship Academy, which will provide valuable training and resources to further strengthen our local economy. 91 The services provided through this partnership have been critical to the economic development of Palm Desert. We strongly support additional investment in this program, as it will expand service offerings and deliver even greater impact to our residents an d businesses. Thank you for your consideration of this important proposal. Should you have any questions, please do not hesitate to contact me. Sincerely, Jan C. Harnik, Mayor City of Palm Desert 92 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 10, 2025 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: RESOLUTION SETTING THE CITY COUNCIL REGULAR MEETING SCHEDULE FOR THE CALENDAR YEAR 2026 RECOMMENDATION: Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING THE CITY COUNCIL REGULAR MEETING SCHEDULE FOR THE CALENDAR YEAR 2026.” BACKGROUND/ANALYSIS: Palm Desert Municipal Code Section 2.36.020 authorizes the City Council to adopt a resolution to establish the dates and times for its regular meetings. Staff is seeking City Council confirmation of the 2026 meeting schedule so that staff may proceed with developing the schedule of public hearings and provide ample notice to the public. Additionally, adopting the schedule at this time allows the meeting dates to be incorporated into the City’s annual calendar and other publications prepared well in advance of the new year. Proposed Cancelled Meetings Consistent with past practice, staff recommends canceling or rescheduling meetings that conflict with holidays or annual conferences attended by Councilmembers. Specifically, staff proposes canceling:  The second meeting in July and the first meeting in August for the traditional summer recess.  The meeting that coincides with the Thanksgiving holiday.  The second December meeting due to winter holidays. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no financial impact associated with this action. ATTACHMENT: 1. Draft Resolution 93 94 RESOLUTION NO. 2025-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING THE CITY COUNCIL REGULAR MEETING SCHEDULE FOR THE CALENDAR YEAR 2026 WHEREAS, pursuant to Palm Desert Municipal Code Section 2.36.020, the City Council regular meetings are generally held on the second and fourth Thursday of each month, except as otherwise set by City Council resolution; and WHEREAS, the City Council desires to confirm its meeting schedule for 2026 as the second and fourth Thursday of each month unless otherwise rescheduled or canceled. 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. Regular meetings of the City Council shall be held in the Council Chamber, located at 73-510 Fred Waring Drive, Palm Desert, California, on the second and fourth Thursday of each month at the hour of 4:00 p.m. When a regular meet ing falls on a legal holiday, the meeting shall be held on the following day unless otherwise determined by the City Council at a regular meeting. SECTION 3. Regular meetings of the City Council acting as the governing boards of the Successor Agency to the Palm Desert Redevelopment Agency, the Palm Desert Housing Authority, the Palm Desert Financing Authority, and/or the Palm Desert Library Board of Trustees shall be held in the Council Chamber, located at 73 -510 Fred Waring Drive, Palm Desert, California, concurrently with the regular City Council meeting. SECTION 4. Closed sessions of the City Council and/or the governing boards as provided in this Resolution may be conducted prior to the 4:00 p.m. business portion of regular meetings and as noticed from time to time on the agenda for such meetings. The time scheduled will depend upon the number of items to be considered and the complexity of the issues to be discussed. If necessary, closed sessions not completed prior to the business portion of the meeting may be considered at the conclusion of the business portion of the meeting or as otherwise determined by the City Council. SECTION 5. The City Council has canceled and/or rescheduled certain meetings as outlined in Exhibit A attached hereto and incorporated herein by this reference. 95 Resolution No. 2025-____ Page 2 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 96 Resolution No. 2025-____ Page 3 EXHIBIT A City of Palm Desert 2026 City Council Meeting Dates The City Council meetings are typically held on the second a nd fourth Thursday of each month at 4:00 p.m. in the Council Chamber, located at 73-510 Fred Waring Drive, Palm Desert, California. This schedule is subject to change. MEETING DATES NOTES Approved by the City Council on __/__/2025 97 98 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: June 12, 2025 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: CORRECTION TO APPOINTMENT TERM FOR THE JOSLYN COVE SENIOR CENTER BOARD RECOMMENDATION: Approve a correction to the term of appointment for Janet Davidson to the Joslyn Cove Senior Center Board, establishing the term as July 1, 2025, through June 30, 2027, in accordance with the Joslyn Center’s bylaws. BACKGROUND/ANALYSIS: On June 12, 2025, the City Council approved the appointment of Janet Davidson to the Joslyn Cove Senior Center Board for a term ending June 30, 2029. However, subsequent review of the Joslyn Center’s bylaws confirmed that board members are appointed to two-year terms and may serve no more than three consecutive terms (not to exceed six years in total). Accordingly, to ensure compliance with the bylaws, Ms. Davidson’s appointment term should be corrected to reflect a two-year term from July 1, 2025, through June 30, 2027. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no financial impact associated with this action. 99 100 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 10, 2025 PREPARED BY: Neal Ennis, Project Manager Shawn Muir, Community Services Manager SUBJECT: REJECT ALL BIDS FOR CAHUILLA HILLS PARK AND TRAILHEAD ADA IMPROVEMENTS AND AUTHORIZE STAFF TO READVERTISE FOR BID, PROJECT NO. MPK00005 RECOMMENDATION: 1. Reject all bids submitted for the Cahuilla Hills Park and Trailhead ADA Improvements. 2. Authorize staff to re-bid the project with revisions to contractor license requirements. BACKGROUND/ANALYSIS: On May 1, 2025, the City issued an invitation for bids through OpenGov for construction improvements at the Cahuilla Hills Park. The project involves renovations of the existing park by constructing an ADA-compliant parking area, sidewalk, and trailhead path to improve accessibility and enhance visitor experience. Request for Bids: The project was advertised via the City’s bid portal, OpenGov, (Project ID# 2024-IFB-150), and nine bids were received on June 18, 2025: Contractor Location Base Bid License Classification 101 City of Palm Desert Reject All Bids for Cahuilla Hills Park and Trailhead ADA Improvements (MPK00005)________ Page 2 of 2 The bid package specified a required license classification of ‘B’ (General Building Contractor) as issued by the Contractors State License Board. The apparent low bidder did not possess this license classification and was therefore deemed non-responsive. Based on the recent bid results and feedback from contractors who declined to bid due to the license requirement, staff recommends rejecting all bids and modifying the license requirement to include the ‘A’ (General Engineering Contractor) classification. This classification is sufficient for the scope of work and is expected to broaden the pool of eligible bidders and potentially reduce construction costs. If approved, staff will re-bid with this modification. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: Rejecting all bids and rebidding is expected to result in reduced costs for the City of more than $250,000. Funds for this project are budgeted in the Capital Improvement Fund (Fund 400) and Community Development Block Grant (Fund 220). There is no impact on the General Fund. 102 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 10, 2025 PREPARED BY: Ivan Tenorio, Homeless and Supportive Services Manager SUBJECT: RESOLUTION REAFFIMRING PARTICPATION IN THE PERMENENT LOCAL HOUSING ALLOCATION PROGRAM RECOMMENDATION: 1. Adopt a resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REAUTHORIZING PARTICIPATION IN THE PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PROGRAM AND SUPERSEDING RESOLUTION NO. 2020-49.” 2. Authorize the City Manager, or their designee, to execute all documents required or deemed necessary or appropriate by the California Department of Housing and Community Development (HCD) for the continued administration of PLHA funds, including but not limited to funding agreements, amendments, and reporting documents; BACKGROUND/ANALYSIS: In 2020, the City Council adopted Resolution No. 2020-49 to authorize participation in the State of California’s Permanent Local Housing Allocation (PLHA) Program. The program was established under Senate Bill 2 (2017) and is administered by the California Department of Housing and Community Development (HCD). That resolution designated the then -City Manager to execute PLHA applications, funding agreements, amendments, and other related documents on behalf of the City. Since adoption, the City has successfully applied for, received, and expended several years of PLHA funding under the original resolution. Due to a change in City Manager, HCD has requested an updated resolution that reflects the City’s current admi nistrative structure and confirms the authority of the City Manager, or their designee, to continue overseeing the administration of PLHA funds. The draft resolution includes language authorizing the City Manager, or their designee, to execute PLHA-related documents. This approach avoids the need to name a specific individual, providing flexibility in case of future staffing changes and ensuring continuity in program administration without requiring additional Council action. The resolution reaffirms the City’s participation in the PLHA Program and supersedes Resolution No. 2020-49 to ensure clarity going forward. Adoption of this resolution will maintain compliance with HCD requirements and ensure the timely receipt of the City’s final-year allocation under the current five-year PLHA funding cycle. 103 City of Palm Desert Adopt Resolution for PLHA Designee Page 2 of 2 FINANCIAL IMPACT: There is no fiscal impact associated with this action. This resolution does not amend existing funding awards or authorize any new spending. It is an administrative update only. ATTACHMENTS: 1. Draft Resolution 2. Resolution No. 2020-49 104 RESOLUTION NO. 2025- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REAUTHORIZING PARTICIPATION IN THE PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PROGRAM AND SUPERSEDING RESOLUTION NO. 2020-49 WHEREAS, the Permanent Local Housing Allocation (PLHA) Program was established by the State of California through the 2017 Building Homes and Jobs Act (SB 2) and is administered by the Department of Housing and Community Development (Department) to provide funding to local governments for housing-related activities; and WHEREAS, the City of Palm Desert is an eligible local government under the PLHA Program and has previously applied for, received, and expended funds in accordance with applicable laws and program guidelines; and WHEREAS, the City Council previously adopted Resolution No. 2020-49, authorizing the then-City Manager to execute all documents related to the PLHA Program on behalf of the City; and WHEREAS, the Department has advised that an updated resolution is needed to reflect the City’s current administrative structure due to a change in City Manager; and WHEREAS, the City Council wishes to reaffirm its participation in the PLHA Program and ensure that authorized signatory authority is current and flexible going forward. 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 reaffirms its participation in the PLHA Program and authorizes continued administration of awarded PLHA funds in accordance with all applicable state and federal statutes, rules, regulations, program guidelines, and funding agreements. SECTION 3. The City of Palm Desert certifies that it will use PLHA funds solely for eligible activities as approved by the Department and consistent with all program requirements. SECTION 4. The City of Palm Desert further certifies that it may subgrant some or all of the PLHA funds to eligible subrecipients through a publicly accessible and conflict-free selection process, if applicable. 105 SECTION 5. The City Manager, or their designee, is hereby authorized to execute, on behalf of the City, all documents required or deemed necessary or appropriate by the Department for continued administration of PLHA funds, including but not limited to funding agreements, amendments, and reporting documents. SECTION 6. This Resolution supersedes Resolution No. 2020-49 and any other prior resolutions to the extent they conflict with the authorization contained herein. ADOPTED ON , 2025. ATTEST: Jan Harnik MAYOR ANTHONY J. MEJIA CITY CLERK 106 Resolution No. 2025 _______________________________________________ Page 2 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024- is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on , by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on . ANTHONY J. MEJIA CITY CLERK 107 108 RESOLUTION NO. 2020-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT WHEREIN THE CITY COUNCIL HEREBY AUTHORIZES THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM; THE EXECUTION FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE. A. WHEREAS, the State of California (State), Department of Housing and Community Development (Department), is authorized to provide up to $195 million under Senate BiII 2 (SB 2) Permanent Local Housing Allocation (PLHA) Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)); and B. WHEREAS, on February 26, 2020, the Department issued a Notice of Funding Availability NOFA) under the PLHA Program; and C. WHEREAS, the City of Palm Desert (Applicant) is an eligible Local government applying for the program to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation; and D. WHEREAS, the Department may approve funding allocations for the PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement and other contracts between the Department and PLHA recipients; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: 1. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department. 2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA ($1,027,836) in accordance with all applicable rules and laws. 3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department. 4. If applicable: Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), "entity" means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation. 109 RESOLUTION NO. 2020-49 Page 2 of 2 5. If applicable: Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest. 6. If applicable: Pursuant to Applicant's certification in this resolution, the PLHA funds will be expended only for eligible activities and consistent with all program requirements. 7. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department. 8. Lauri Aylaian, City Manager, is authorized to execute the PLHA Program application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, aswell as any other documents, which are related to the program or the PLHA grant awarded to Applicant, as the Department may deem appropriate. PASSED, APPROVED, AND ADOPTED this 28th day of May 2020 by the following vote: AYES: HARNIK, JONATHAN, KELLY, WEBER, and NESTANDE NOES: NONE ABSENT: NONE ABSTAIN: NONE r i( GINA NESTANDE, MAYOR SIGNATURE OF APPROVING OFFICER: EAURI AYLAIAN, CITY MANAGER CERTIFICATE OF THE ATTESTING OFFICER The undersigned, Grace L. Rocha, does hereby attest and certify that the [foregoing / attached] Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the City of Palm Desert, which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof. ATTEST: GRACE L. ROCHA, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA Ng Nod Mil mi Ida 110 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 10, 2025 PREPARED BY: Ivan Tenorio, Homeless and Supportive Services Manager SUBJECT: MEMORANDUM OF UNDERSTANDING WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS FOR THE CV HOUSING FIRST PROGRAM, AND AUTHORIZE PAYMENT FOR FISCAL YEAR 2025-2026 RECOMMENDATION: 1. Approve a Memorandum of Understanding (MOU) with Coachella Valley Association of Governments (CVAG) for the CV Housing First Program not to exceed $125,000 in FY 2025- 2026. 2. Authorize the City Attorney to make any necessary nonmonetary changes to the MOU. 3. Authorize the Director of Finance to appropriate and disburse funds as necessary to implement the MOU. 4. Authorize the City Manager to execute the MOU. BACKGROUND/ANALYSIS: The City of Palm Desert has participated in CVAG’s CV Housing First program for the last four years as part of its ongoing commitment to regional strategies that address chronic homelessness. The program focuses on housing the “CV 200,” a by-name list of the 200 most vulnerable, chronically unsheltered individuals across the Coachella Valley many of whom have high service needs, frequent law enforcement contact, and long-term barriers to housing. Each year, CVAG works with member jurisdictions, law enforcement, and code enforcement teams to update the CV 200 list. Participating cities are assigned a subset of individuals for whom outreach and housing efforts are prioritized. When the by-name list was first developed, CVAG worked with cities to allocate the 200 slots based on local need and outreach capacity, rather than dividing them evenly. Some cities were assigned fewer slots, while others such as Palm Desert were assigned more due to higher concentrations of unsheltered individuals. Palm Desert’s allotment of 30 slots has remained consistent each year and serves as a baseline for local outreach. As reflected in the table below, “permanently housed” refers to individuals from Palm Desert’s CV 200 allotment who have successfully exited homelessness into stable, long-term housing. This may occur through various pathways, including placement with a county-issued housing voucher, reunification with family through rapid resolution efforts, or securing a non -subsidized apartment independently. Below is a summary of the CV Housing First program accomplishments over the four years. 111 City of Palm Desert Approve MOU with Coachella Valley Association of Governments Page 2 of 2 Calendar Year CV 200 PD Allotment Permanently Housed Percentage Achieved 2021 2022 2023 2024 2025 *2025 YTD Total The proposed MOU is a one-year agreement that expires June 30, 2026, unless extended, and includes a 60-day termination clause for either party. The City’s $125,000 contribution is proposed to be funded through the Permanent Local Housing Allocation (PLHA) program. A new five-year PLHA cycle (Round 6) is expected to begin later this year or in early 2026; however, the California Department of Housing and Community Development (HCD) has indicated that local allocations may decrease due to lower revenue proje ctions. Although funding is secured for fiscal year 2025/2026, future contributions to CVAG will depend on annual allocations. Should delays or shortfalls arise, staff may recommend temporarily reallocating resources from other eligible programs to ensure continuity of service. Participation in the CV Housing First program supports a unified, data -informed model that targets individuals with the most complex housing needs. The program reflects Palm Desert’s continued role in regional housing solutions that are coordinated, outcome-driven, and focused on long-term stability. The $125,000 contribution represents the City’s first increase in over 15 years, rising from its prior $100,000 commitment. The increase also acknowledges the intensive staff time required to work with chronically homeless individuals, whose complex needs often demand persistent outreach and long-term engagement. Future contributions may be indexed to modest inflationary increases based on the Riverside-San Bernardino-Ontario Consumer Price Index (CPI), subject to review by the CVAG Homelessness Committee . Homelessness Taskforce Recommendation This item was presented to the Homelessness Taskforce on July 1, 2025. The Taskforce voted to recommend approval of this item. FINANCIAL IMPACT: Approval of the MOU commits the City to paying $125,000 for FY 2025 -2026. Funds for this purpose have been included in the FY 2025-2026 Annual Budget Request in PLHA Account Number: 2254212-4309000. There is no impact to the General Fund. ATTACHMENTS: 1. Memorandum of Understanding - CVAG 2. CV Housing First FY 24-25 Q3 Report 112 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALM DESERT AND COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS FOR FUNDING CV HOUSING FIRST AND ADDRESSING HOMELESSNESS This Memorandum of Understanding (the "Memorandum") is made by and between the CITY OF PALM DESERT and the COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS ("CVAG"), with respect to the following: WHEREAS, the City of Palm Desert is interested in funding the provision of food, emergency shelter, and outreach to those in need and, in that rega rd would like to support the CVAG homelessness program; and WHEREAS, the City of Palm Desert is supporting CVAG's CV Housing First program as a regional solution for homeless individuals; and WHEREAS, CVAG agrees to use the City of Palm Desert funding for the CV Housing First program to provide case management and outreach services to chronically homeless individuals in the Coachella Valley for the coming years; NOW, THEREFORE, the City of Palm Desert and CVAG agree to the following: 1.0 TERM OF MEMORANDUM. The term of this Memorandum shall expire on June 30, 2026, unless earlier terminated by either party by giving written notice of termination at least sixty (60) days prior to July 1st of any fiscal year. 2.0 OBLIGATIONS OF THE PARTIES. 2.1 CVAG shall provide the services set forth in Exhibit A attached hereto and incorporated herein by this reference ("Scope of Services"). CVAG shall deliver quarterly reports to the City of Palm Desert detailing the CV Housing First program metrics as set forth in Exhibit B attached hereto and incorporated by this reference ("Quarterly Reports"). CVAG shall comply with any and all federal, state, and local laws and regulations applicable to CVAG, the Scope of Services, and the use of the City of Palm Desert (as defined in Section 2.2 below) and the use of any other public moneys (collectively, the "Compliance Requirements"). 2.2 The City of Palm Desert will provide financial support each fiscal year for the duration of the agreement. In Fiscal Year 2025-26, the payment shall be One Hundred Twenty-Five Thousand Dollars ($125,000) to CVAG. Subsequent annual payments shall 113 incorporate an annual inflation adjustment that mirrors the one used by CVAG for its Transportation Uniform Mitigation Fee and be based on the Riverside -San Bernardino- Ontario Consumer Price Index (CPI). Such CPI will be reviewed annually by the Homelessness Committee, which will determine whether or not to apply the inflation factor. 2.3 The City of Palm Desert Funds shall be paid provided CVAG complies with its obligations under this Memorandum and provided that the Memorandum is not earlier terminated as provided for herein. The City of Palm Desert shall disburse the funds no later than 90 days after the beginning of each fiscal year. All funds shall b e used by CVAG for the Scope of Services and for no other purpose. If CVAG fails to provide CV Housing First services for a fiscal year, the City of Palm Desert may withhold an installment disbursement of the Funds that have not yet been disbursed. If CVAG fails to comply with any Compliance Requirements, the City of Palm Desert may (i) withhold an installment disbursement that has not yet been disbursed, (ii) order a return to the City of Palm Desert of any portion or all City of Palm Desert Funds that were not used in compliance with this Memorandum or any other Compliance Requirements, and/or (iii) seek any other rights or remedies available at law or in equity. 3.0 INDEMNITY AND RELEASE. CVAG hereby agrees to indemnify, defend, and hold harmless the C ity of Palm Desert and its officers, employees, agents and independent contractors (collectively, "Indemnitees") from and against any and all of claims, causes of action, obligations, losses, liabilities, judgments, or damages, including reasonable attorneys' fees and costs of litigation ( collectively "Claims") arising out of and/or in any way relating to CVAG's activities in the performance of this Memorandum, or to CVAG's acts and/or omissions in providing or administering the same, excepting only those claims, actions, obligations, losses, liabilities, judgments, or damages arising out of the sole negligence, active negligence or willful misconduct of the City of Palm Desert. 4.0 CVAG INSURANCE OBLIGATIONS. Without limiting the indemnification provisions provided herein, CVAG, at its sole expense, shall obtain and keep in force during the term of this Memorandum and any extensions thereof, a policy or policies of general liability insurance covering all injuries to persons and damage to property occurring in, upon or about the CVAG facility(ies) resulting from any actions or omissions of CVAG or any use of the CVAG facility(ies), or the CVAG's invitees in accordance with the terms of this Memorandum. At the City of Palm Desert request, these CVAG shall submit certificates of insurance and any applicable endorsements evidencing that the foregoing policy or policies are in effect. 5.0 ADDITIONAL PROVISIONS. 114 5.1 In all cases, the language in all parts of this Memorandum shall be construed according to its fair meaning and not strictly for or against either party, if being agreed that the parties or their agents have all participated in the preparation of this Memorandum. 5.2 This Memorandum contains the entire agreement of the Parties and superse des any prior oral or written statements or agreements between the Parties regarding the operation of CVAG's CV Housing First Program. 5.3 No termination of this Memorandum shall release either party from any liability or obligation hereunder resulting from any acts, omissions or events happening prior to the termination of this Memorandum. 5.4 In the event either party brings any suit or other proceeding with respect to the subject matter or enforcement of this Memorandum, the prevailing party (as dete rmined by California law) shall, in addition to such other relief as may be awarded, be entitled to recover reasonable attorneys' fees, expenses and costs of suit or investigation as actually incurred (including, without limitation, reasonable attorneys' f ees, expenses, and costs incurred in establishing the right to indemnification). [signatures on next page] 115 IN WITNESS WHEREOF, Coachella Valley Association of Governments and the CIT Y OF PALM DESERT have executed this Memorandum as evidenced by the signatures contained below: CITY OF PALM DESERT COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS By: ______________________________ By: ______________________________ Name: Chris Esobedo Name: Tom Kirk Title: Interim City Manager Title: Executive Director Date: ___________________________ Date: ___________________________ ATTEST ATTEST By: ______________________________ By: ______________________________ Name: __________________________ Name: Allen McMillen Title: ____________________________ Title: CVAG Contracts Analyst Date: ___________________________ Date: ___________________________ 116 EXHIBIT A Scope of Services Provide services to unhoused individuals and families in the Coachella Valley, and more specifically in the CITY OF PALM DESERT who are literally homeless by providing outreach, connections to housing solutions (including crisis stabilization housing and/or permanent solutions), rapid resolution assistance for one-time emergency needs such as move-in costs, or other supportive services and resources such as food distribution, legal services or clinics, and linkages to housing services. 117 EXHIBIT B CV Housing First Metrics and Reporting Requirements CVAG will also provide a quarterly report, modeled after the one attached, that provides an overview of services provided across the Coachella Valley. In addition, if requested by the City of Palm Desert, CVAG shall provide information on the following program components on a six-month basis: • Number of unduplicated CV 200 clients from the City of Palm Desert who moved into crisis stabilization housing • Number of permanent housing resolutions for CV 200 clients from the City of Palm Desert • Number of contacts made with CV 200 clients in the City of Palm Desert • Number of total outreach scheduled outings in the City of Palm Desert 118 119 120 Page 1 of 2 PALM DESERT HOUSING AUTHORITY STAFF REPORT MEETING DATE: July 9, 2025 PREPARED BY: Jessica Gonzales, Housing Manager SUBJECT: AUTHORIZE REGISTRATION WITH RENTAL ASSISTANCE PROVIDERS AS A PAYEE FOR PALM DESERT HOUSING AUTHORITY RESIDENT SUPPORT RECOMMENDATION: 1. Authorize staff to register the Palm Desert Housing Authority as a payee/vendor with local and regional rental assistance providers to facilitate receipt of rental assistance funds on behalf of eligible residents. 2. Authorize the Executive Director to approve registration with any additional nonprofit and government-based service providers. BACKGROUND/ANALYSIS: In recent years, the Palm Desert Housing Authority (Housing Authority) has worked with several local and regional organizations that provide financial assistance to low-income households for rent payments and move-in costs. These programs help support housing stability, prevent displacement, and reduce vacancy loss at Housing Authority-owned affordable housing communities. Up until now, rental assistance providers have only required confirmation from the property management. The criteria for residents to receive support from these organizations have recently changed. To streamline the assistance process and allow these organizations to remit funds directly to the Housing Authority on behalf of approved, qualifying residents, the Housing Authority must now register as a payee/vendor with the respective organizati ons. Typical registration requirements include submission of:  A completed W -9 Form  A vendor setup form  Remittance/payment instructions Organizations providing this support include those set forth in the table below, and any additional nonprofit and government-based service providers that may be approved by the Executive Director. 121 Palm Desert Housing Authority Authorize Vendor Registration for Rental Assistance Programs to Accept Resident Payments Page 2 of 2 Organization Eligibility Highlights Types of Assistance Offered First month’s rent, first month’s rent), Limit Staff is requesting authorization to register the Housing Authority as a payee and to complete documentation for payment acceptance with each of the organizations. This will allow staff to move forward with the necessary registrations and efficiently support qualifying resid ents. In addition, Staff is requesting authorization for the Executive Director to evaluate and approve registration of the Housing Authority with similar additional nonprofit and government -based service providers. Legal Review: This report has been reviewed by the Housing Authority's Special Legal Counsel. Appointed Body Recommendation: The Housing Commission will review this recommendation at its regular meeting on July 9, 2025. Upon request, a verbal report will be provided. FINANCIAL IMPACT: There is no impact on the General Fund with this action. 122 Page 1 of 2 PALM DESERT HOUSING AUTHORITY STAFF REPORT MEETING DATE: July 10, 2025 PREPARED BY: Celina Cabrera, Senior Management Analyst SUBJECT: AUTHORIZATION TO INCREASE FY 2024/25 POOL AND SPA ADDITIONAL SERVICES WITH SERVICE FIRST, LLC RECOMMENDATION: Authorize an increase of $6,581.00 to the not-to-exceed amount for additional services for pool and spa repairs with Service First, LLC, for fiscal year 2024/25. BACKGROUND/ANALYSIS: On December 30, 2024, Service First completed a five -year contract to provide pool and spa maintenance and repair services for Palm Desert Housing Authority (Housing Authority) properties. The contract authorized an annual maintenance amount of $138,573.11 and included an allowance of up to $50,000 per year for additional services, which covered non -routine repairs, parts, and emergency responses beyond standard maintenance. The Service First contract operated on a calendar year basis, beginning January 1st, which does not align with the Housing Authority’s fiscal year. During a recent internal review, it was identified that in Fiscal Year 2024/25, expenditures for additional services exceeded the authorized amount by $6,581.00. However, in Fiscal Year 2023/24, nearly $9,896.00 in the additional services budget remained unspent. This discrepancy is due to several invoices related to additional services performed near the end of Fiscal Year 2023/24 being incorrectly posted to Fiscal Year 2024/25 rather than FY 2023/24. As a result, the current fiscal year reflects an overage that would not have occurred had the invoices been posted in the correct fiscal year. To resolve this issue and ensure all valid expenses are covered, staff is reque sting authorization to increase the FY 2024/25 allowance for additional services by $6,581.00 for an aggregate amount of $56,581.00. Legal Review: This report has been reviewed by the City Attorney’s Office Appointed Body Recommendation: The Housing Commission has reviewed this recommendation at its regular meeting on July 9, 2025. Upon request, a verbal report will be provided. 123 Palm Desert Housing Authority Authorization to Increase FY 2024/25 Pool & Spa Additional Services Page 2 of 2 FINANCIAL IMPACT: The financial impact is to increase the additional services amount by $6,581.00 for the curr ent fiscal year. Authorization does not require appropriation and there is no financial impact on the City’s General Fund. 124 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 10, 2025 PREPARED BY: Mariela Salazar, Management Analyst Martin Alvarez, Director of Economic Development SUBJECT: RESOLUTION DECLARING CITY OWNED PROPERTY LOCATED ON PORTOLA AVENUE NORTH OF HAYSTACK, APN 630-250-052, AS SURPLUS LAND UNDER THE GOVERNMENT CODE SECTION 54221 AND CATAGORICALLY EXEMPT FROM CEQA RECOMMENDATION: Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY OWNED BY THE CITY OF PALM DESERT LOCATED AT 47501 PORTOLA AVENUE (PORTION OF APN 630 -250-052) IS SURPLUS LAND AND NOT NECESSARY FOR THE CITY’S USE, FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING RELATED ACTIONS.” This action declares approximately 0.95 acres of city- owned property located on Portola Avenue, north of Haystack Road (APN 630-250-052), as surplus land in accordance with the California Surplus Land Act (SLA) while retaining approximately 0.33 acres for City use. BACKGROUND/ANALYSIS: The parcel (APN 620-250-052) is City-owned and totals approximately 1.28 acres. Currently, the City intends to retain approximately 0.33 acres for potential future use. The remaining 0.95 acres are not needed for current or foreseeable municipal purposes, and it is proposed to be declared surplus. The property is currently designated “Golf Course & Resort Neighborhood’ in the General Plan and zoned as Open Space (OS). Any future development would need at least a Precise Plan approval, must follow the OS standards in Palm Desert Municipa l Code Chapter 25.22, and go through environmental review. If a proposed use doesn’t match the current General Plan or zoning, changes to those designations may be required. In compliance with the Surplus Land Act (SLA), the 0.95 -acre portion of the property has completed the required Notice of Availability and 60-day proposal period. As no qualifying proposals were received within the statutory timeframes, the City has fulfilled all SLA obligations and may now proceed with the sale of the property on the open market in accordance with applicable law. 125 City of Palm Desert Marrakesh Resolution Page 2 of 3 Overview of SLA Process Declare a property “surplus land” or “exempt surplus land” Issue Notice of Availability (NOA) of surplus land to designated entities for authorized purposes Receive notices of interest (60 days) If notices of interest received, negotiate in good faith with entities (90 days) Notify HCD prior to finalizing an agreement - HCD has 30 days to review Successful Negotiations = Unsuccessful Negotiations/ Enter into deposition agreement No notices of interest = Sell property outside of SLA process Once the SLA process is concluded, the City is authorized to make the 0.95 -acre surplus portion available for sale on the open market and to be sold at the fair market value (FMV). Environment Review: Pursuant to the California Environmental Quality Act (CEQA), the sale of surplus property is categorically exempt under section 15312 (Surplus Government Property Sales), Class 12, as the property does not have significant vale as a habitat for endangered, rare, or threatened species, the property is of such size, shape or inaccessibility that it is incapable of independent development or use, and the sale will not result in any physical changes to the environment at this stage. Any future development of the property by a purchaser will be subject to separate CEQA review by the appropriate lead agency at that time. FINANCIAL IMPACT: Proceeds generated from the sale of the 0.95-acre portion of the property will be deposited into the City’s General Fund, with a designated percentage allocated to the Economic Development Fund. These funds may be utilized to support priority capital improvement projects or other initiatives identified by the City. ATTACHMENTS: 1. Resolution declaring portion of APN 630-250-052 as Surplus Land 2. Property map highlighting retained and surplus portions 126 City of Palm Desert Marrakesh Resolution Page 3 of 3 3. Property Notice of Availability 127 128 PO R T O L A A V E N U E MARR A K E S H D R I V E RAB A T D R I V E MAR O C D R I V E HAYSTACK R O A D APN: 630-250-052 City Owned ± Vicinity Map SLA 0.33 Acres 0.95 Acres 129 130 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 FAX: 760-341-7098 INFO@CITYOFPALMDESERT.ORG March 12, 2025 To All Interested Parties: RE: Notice of Availability/Offer to Sell Surplus Property Pursuant to the Surplus Land Act (California Government Code Sections 54220-54234) As required by Government Code Section 54220, the City of Palm Desert is providing notification that the City intends to sell the surplus properties with APN 630-250-052 in the City of Palm Desert and described in the accompanying table. In accordance with Government Code Section 54222, you have sixty (60) days from the date this offer was sent via certified mail or electronic mail to notify the City, in writing, of your interest in acquiring the property. However, this offer shall not obligate the City to sell the property to you. Instead, the City will enter into at least ninety (90) days of good faith negotiations with you and other interested entities pursuant to Government Code Section 54223. If no agreement is reached on sales price and terms the City may market the property to the general public. As required by Government Code Section 54227, if the City receives more than one letter of interest during this 60-day period, it will give first priority to entities proposing to develop housing where at least 25 percent of the units will be affordable to lower income households. If more than one such proposal is received, priority will be given to the proposal with the greatest number of affordable units. If more than one proposal specifies the same number of affordable units, priority will be given to the proposal that has the lowest average affordability level. In the event your agency or company is interested in purchasing the property, you must notify the City in writing within sixty (60) days of the date this notice was sent via certified mail or electronic mail. If you are no longer interested in the properties, we kindly request that you inform us within the sixty (60) day period. Notice of your interest in acquiring the property shall be delivered to Mariela Salazar, Management Analyst, at 73-510 Fred Waring Drive, Palm Desert, CA 92260. You may also direct your questions to surpluslandact@palmdesert.gov. The NOA and answers to questions from potential respondents will be posted in the “Surplus Land” section at EngagePalmDesert.com. It is recommended that you check the website for periodic updates. Entities proposing to submit a letter of interest are advised to review the requirements set forth in the Surplus Land Act (Government Code Section 54220-54234). ATTACHMENTS: 1. Notice of Availability Table (Exhibit A) 2. Aerial map of above-listed property (Exhibit B) 131 EXHIBIT A CITY OF PALM DESERT NOTICE OF AVAILABILITY TABLE APNs – 630-250-052 Jurisdiction Name Jurisdiction Type Street Address City Zip Code County Acessosors Parcel City of Palm Desert City Marrakesh Drive Palm Desert 92260 Riverside 630-250-052 Zoning Designation (Current) Parcel Size Existing Minimum Sales Last Appraised Last Appraised Vacant Residential Lot (BM3) 0.95 Vacant Land/Empty Lot Fair Market Value $210,000 2/6/2025 132 Exhibit B Aerial Map APN 630-250-052 133 134 RESOLUTION NO. 2025-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY OWNED BY THE CITY OF PALM DESERT LOCATED AT 47501 PORTOLA AVENUE (PORTION OF APN 630-250-052) IS SURPLUS LAND AND NOT NECESSARY FOR THE CITY’S USE, FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING RELATED ACTIONS WHEREAS, the City of Palm Desert (“City”) is the owner in fee simple of that certain real property located at 47501 Portola Avenue in the City of Palm Desert, County of Riverside, State of California comprising a 0.95 acre portion of Assessor’s Parcel Number 630-250-052 as further depicted in Exhibit A-1, attached hereto and incorporated herein by this reference (the “Property”); and WHEREAS, under the Surplus Land Act, Government Code Section 54220 et seq. (“Act”), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City’s use. The land must be declared either surplus land or exempt surplus land; and WHEREAS, under the Act, land is necessary for the City’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City Council, for City work or operations; and WHEREAS, the City has determined that the land is not being used, nor is it planned to be used pursuant to a written plan adopted by the City Council, for City work or operations; and WHEREAS, the Property is approximately 0.95 acres in size, is vacant, undeveloped land, and is not currently being used by the City; and WHEREAS, the City Council desires to declare that the Property is surplus land and not necessary for the City’s use; and WHEREAS, the Act requires that before the City Council disposes of the Property or engages in negotiations to dispose of the Property, the City shall send a written notice of availability (“Notice of Availability”) of the Property to certain entities designated as recipients of the Notice of Availability (“Designated Entities”); and WHEREAS, the staff report presented to the City Council together with this Resolution contains the factual background and supporting information upon which the declaration and findings set forth herein are based; 135 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert as follows: SECTION 1. The above recitals are true and correct and are incorporated as a substantive part of this Resolution. SECTION 2. The City Council finds that the Property is not necessary for the City’s use. SECTION 3. The City Council hereby declares that the Property is surplus land pursuant to Government Code Section 54221(b)(1), and will be disposed of in accordance with the Act. SECTION 4. The City Council directs the City Manager, or his designee, to issue a Notice of Availability to the Designated Entities in accordance with the Act. SECTION 5. Pursuant to the California Environmental Quality Act (CEQA), the sale of surplus property is categorically exempt under section 15312 (Surplus Government Property Sales), Class 12, as the property does not have significant vale as a habitat for endangered, rare, or threatened species, the property is of such size, shape or inaccessibility that it is incapable of independent development or use, and the sale will not result in any physical changes to the environment at this stage. Any future development of the property by a purchaser will be subject to separate CEQA review by the appropriate lead agency at that time. SECTION 6. The City Clerk of the City of Palm Desert is directed to file a Notice of Exemption pursuant to CEQA Guidelines Section 15062. SECTION 7. The officers and staff of the City are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed. Such actions include issuing a Notice of Availability and negotiating in good faith in accordance with the requirements of the Act with any of the Designated Entities that submit a written notice of interest to purchase the Property in compliance with the Act. SECTION 8. The City Clerk of the City of Palm Desert shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Palm Desert shall cause this Resolution and the City Clerk’s certification to be entered in the File of Resolutions of the Council of this City. 136 ADOPTED ON ________________, 2025. JAN HARNICK 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 ______________, 20__. ANTHONY J. MEJIA CITY CLERK 137 EXHIBIT A-1 THE PROPERTY The Property comprises the 0.95 acre portion of APN 630-250-052 highlighted in red below. 138 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 10, 2025 PREPARED BY: Kalaina Perez, Management Analyst SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HOLISTIC SYSTEM INTEGRATION SOLUTIONS FOR SUPPLEMENTAL STAFFING AND PROCESS IMPROVEMENT FOR LAND MANAGEMENT AND PERMIT CENTER OPERATIONS. RECOMMENDATION: 1. Approve a Professional Services Agreement with Holistic System Integration Solutions for on-call supplemental staffing services, for an amount not to exceed $192,000 for Fiscal Year 2025-26. 2. Authorize the City Attorney to make any non-monetary changes to the agreement. 3. Authorize the City Manager or designee to execute any change orders or amendments, including extensions of the agreement, provided such actions remain within the approved amount. BACKGROUND/ANALYSIS: The City is currently in the process of developing a new land management system, with implementation scheduled for FY 2025-26. As the Development Services Department prepares for this transition, continued specialized support is necessary to manage daily operations, improve internal processes, and ensure smooth implementation. Holistic was first engaged by the City in June of 2023 and has provided continuous support since then. Approximately, $16,000 was expended in FY 2022 -23, followed by $104,000 in FY 2023- 24, and an estimated $190,750 in FY 2024 -25 through June. Over this period, the consultant has played a key role in refining permitting procedures, supporting day-to-day operations at the Development Services Center, and advancing customer initiatives that have improved overall efficiency and responsiveness to the public. These efforts have reduced administrative processing and helped enable next-day building inspections. In addition, the consultant has contributed significantly to enhancing the City’s land development processes, focusing on improving internal workflows, interdepartmental coordination, and expanding the City’s online service capabilities. Summary of Consultant Contributions:  Implemented online inspection scheduling and improved the online permit application submittal process.  Improved tracking systems for land development applications.  Streamlined application review workflows to support better performance metrics. 139 City of Palm Desert Approve a Professional Services Agreement with Holistic System Integration Solutions Page 2 of 2  Enabled online resubmittals and electronic return of red lines and comments via the City’s portal, eTRAKiT.  Strengthened cross-departmental review coordination and reduced processing timelines.  Supported a more transparent and efficient development review process. Ongoing support from the consultant will be essential during the rollout of the new land management system and the upcoming launch of the business license component. Holistic was previously engaged under an on-call, not-to-exceed contract. While this contract amount was included in the approved Development Services budget for this fiscal year, it is being brought to City Council for formal approval due to the overall contract value. Continued partnership will help ensure consistency during this transitional period and minimize disruption to public -facing services. FINANCIAL IMPACT: Funding for this contract has been included in the Fiscal Year 2025 -26 budget under Account No. 1104421-4309000. Therefore, there is no additional impact to the City’s General Fund. ATTACHMENTS: 1. Draft Professional Services Agreement 2. Holistic Fee Proposal 140 Contract No. ___________ 1 Revised 01-2024 BBK 72500.00001\32374915.1 CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1.Parties and Date. This Agreement is made and entered into this 10th day of July, 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 ANGELICA M ZARCO, a Sole Proprietorship dba as Holistic System Integration Solutions, with its principal place of business at P.O. BOX 6313, La Quinta, CA 92248, ("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: Supplemental Staffing for Development Services (hereinafter referred to as “the Project”). 2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant is duly licensed and has the necessary qualifications to provide such services. 3.Terms. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from July 1, 2025, to June 30, 2026, 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 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 141 Contract No. ___________ 2 Revised 01-2024 BBK 72500.00001\32374915.1 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: Angelica Zarco, President . 3.2.5 City's Representative. The City hereby designates Rosie Lua, Interim Director of Development Services, 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 Angelica Zarco, President, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant 142 Contract No. ___________ 3 Revised 01-2024 BBK 72500.00001\32374915.1 represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 143 Contract No. ___________ 4 Revised 01-2024 BBK 72500.00001\32374915.1 3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the 144 Contract No. ___________ 5 Revised 01-2024 BBK 72500.00001\32374915.1 effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives. (E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (F) Fidelity Coverage. Reserved (G) Cyber Liability Insurance. Reserved (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. (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. 145 Contract No. ___________ 6 Revised 01-2024 BBK 72500.00001\32374915.1 (5) Liability arising from the failure to render professional services If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the Agreement. 3.2.11.2 Other Provisions or Requirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants. 146 Contract No. ___________ 7 Revised 01-2024 BBK 72500.00001\32374915.1 (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. 147 Contract No. ___________ 8 Revised 01-2024 BBK 72500.00001\32374915.1 (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies of this Section. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed ONE HUNDRED NINETY-TWO THOUSAND DOLLARS ($192,000) 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 Travel Expenses. In accordance with Government Code section 53232.2(c), 148 Contract No. ___________ 9 Revised 01-2024 BBK 72500.00001\32374915.1 the Internal Revenue Service rates for reimbursement of travel, meals, lodging, and other actual and necessary expenses as established in Publication 463, or any successor publication, shall be used to determine reimbursement rates for Consultant. Travel in business class, first class or any category on any flight above the coach/economy level will not be reimbursed. 3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance 149 Contract No. ___________ 10 Revised 01-2024 BBK 72500.00001\32374915.1 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 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: HOLISTIC SYSTEM INTEGRATION SOLUTIONS P.O. BOX 6313 LA QUINTA, CA 92248 ATTN: ANGELICA ZARCO 150 Contract No. ___________ 11 Revised 01-2024 BBK 72500.00001\32374915.1 City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 ATTN: ROSIE LUA, DEVELOPMENT SERVICES Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents, and employees from claims arising out of the 151 Contract No. ___________ 12 Revised 01-2024 BBK 72500.00001\32374915.1 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 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. 152 Contract No. ___________ 13 Revised 01-2024 BBK 72500.00001\32374915.1 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. 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 153 Contract No. ___________ 14 Revised 01-2024 BBK 72500.00001\32374915.1 workdays. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers, and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated 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] 154 Contract No. ___________ 15 Revised 01-2024 BBK 72500.00001\32374915.1 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND HOLISTIC SYSTEM INTEGRATION SOLUTIONS 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 H , A SOLE PROPRIETORSHIP By: Angelica M Zarco President City Clerk QC: Contract QC: _____ Insurance: _____ Initial Review _____ Final Approval 155 Contract No. ___________ Exhibit “A” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT “A” SCOPE OF SERVICES, SCHEDULE OF SERVICES, AND COMPENSATION (ATTACHED ON NEXT PAGE) 156 157 158 159 160 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 10, 2025 PREPARED BY: Vanessa Mager, Management Analyst SUBJECT: AWARD A TWO-YEAR SERVICE AGREEMENT TO FG CREATIVE FOR MERCHANT RELATION SERVICES RELATED TO EL PASEO, IN AN AMOUNT NOT TO EXCEED $40,000. RECOMMENDATION: 1. Approve a Service Agreement with FG Creative, Inc., for El Paseo merchant relation services in an amount not to exceed $40,000 for a two-year term, through Fiscal Year 2026/27. 2. Authorize the City Attorney to make non -substantive changes and the City Manager to execute all necessary documents. BACKGROUND/ANALYSIS: FG Creative has previously provided merchant relations services for El Paseo merchants under Agreement No. A43310, which is now expired with no remaining extension options. City staff finds continued service essential to ensure consistent outreach and promotional activities for merchants, particularly as street improvements and construction activity continue to impact the area. FG Creative also holds a separate agreement with the El Paseo Parking and Business Improvement District (EPPBID) through Fiscal Year 2026/27 to provide marketing services supporting broader marketing initiatives such as media placements, brand development for the street, and strategies aimed at increasing visitor traffic and retail sales. In contrast, the agreement with the City’s Economic Development Department focuses on consistent and direct outreach to El Paseo merchants to ensure timely communication of City initiatives, programs, and capital improvement projects. Aligning both agreements through the same fiscal period promotes continuity, enhances coordination, and ensures a consistent message across all El Paseo communications. Services under this new agreement will complement ongoing district -wide campaigns and provide targeted support to merchants during and after the construction phase. FINANCIAL IMPACT: The total contract amount of $40,000 will be funded over Fiscal Years 2025/26 and 2026/27 from the Economic Development budget. No additional appropriation is required . ATTACHMENTS: 1. Proposed Service Agreement with FG Creative 161 162 Contract No. ___________ 1 Revised 01-2024 BBK 72500.00001\32374915.1 CITY OF PALM DESERT SHORT-FORM SERVICES AGREEMENT 1. Parties and Date. This Agreement is made and entered into this 1st day of July, 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 FG Creative, a Corporation, with its principal place of business at 19725 Driscoll Rd., Desert Hot Springs, California 92241-6810 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." The City is a public agency of the State of California and is in need of services for the following project: El Paseo Merchant Relation Services Project (hereinafter referred to as “the Project”). 2. Terms and Conditions. The Parties shall comply with the Terms and Conditions attached hereto as Exhibit “A” and incorporated herein by this reference. 3. Scope of Services; Schedule. The Vendor shall be solely responsible for providing all materials, labor, tools, equipment, water, light, power, transportation, and superintendence of every nature and all other services and all facilities necessary to execute, complete, and deliver the services as particularly described in the Scope of Services (“Services”) attached hereto as Exhibit “B” and incorporated herein by this reference. The Services shall be completed in a timely manner and in accordance with the Schedule of Services set forth in Exhibit “B”. 4. Term. The term of this Agreement shall be from June 1, 2025, to June 30, 2027, unless earlier terminated as provided herein. 5. Compensation. Vendor shall receive compensation for Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by this reference. The total compensation shall not exceed twenty-thousand dollars ($20,000) per fiscal year (“Agreement Price”). Vendor’s invoices shall include a detailed description of the Services performed. Invoices shall be submitted to the City on a monthly basis. The City shall review and pay all non-disputed and approved charges on such invoices in a timely manner. Vendor shall submit its final invoice to the City within thirty (30) days from the last date of Services performed and failure to do so shall result in a waiver of payment from the City. 6. Insurance. In accordance with Exhibit A, Section C of the Terms and Conditions, Vendor shall, at its expense, procure and maintain for the duration of the Agreement such insurance policies as checked below and provide proof of such insurance policies in a form satisfactory to the City. Commercial General Liability Insurance: $1,000,000 per occurrence/$2,000,000 aggregate. $2,000,000 per occurrence/$4,000,000 aggregate. Automobile Liability: $1,000,000 combined single limit for bodily injury and property damage. Workers’ Compensation: 163 Contract No. ___________ 2 Revised 01-2024 BBK 72500.00001\32374915.1 Statutory Limits / Employer’s Liability $1,000,000 per accident or disease and a waiver of subrogation in favor of the City and their respective officers, agents, employees, volunteers, and representatives. [SIGNATURES ON THE NEXT PAGE] 164 Contract No. ___________ 3 Revised 01-2024 BBK 72500.00001\32374915.1 SIGNATURE PAGE TO SHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND FG CREATIVE. 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 FG CREATIVE, INC City Clerk QC: _____ Contracts QC: _____ Insurance: _____ Initial Review _____ Final Approval 165 Contract No. ___________ Exhibit “A-1” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT “A” TERMS AND CONDITIONS FOR SERVICES 1. Compliance with Law. Vendor shall comply with all applicable laws and regulations of the federal, state and local government. Vendor certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. By its signature hereunder, Vendor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self -insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. Vendor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment in violation of state or federal law. Vendor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the work is being performed as part of an applica ble "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Vendor agrees to fully comply with such Prevailing Wage Laws, including, along with subcontractors, being registered with the Department of Industrial Relations (Labor Code §§ 1725.1; 1771.1). It shall be mandatory upon the Vendor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code §§ 1771; 1774; 1775), employment of apprentices (Labor Code § 1777.5), certified payroll records (Labor Code §§ 1771.4; 1776), hours of labor (Labor Code §§ 1813; 1815) and debarment of contractors and subcontractors (Labor Code § 1777.1). This Agreement may be subject to compliance monitoring and enforcement. 2. Standard of Care. The Vendor shall perform the Services in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession prac ticing under similar conditions. 3. Insurance. If required by Section 6 of this Agreement, the Vendor shall take out and maintain during this Agreement: A. Commercial General Liability Insurance for bodily injury, personal injury and property damage, at least as broad as Insurance Services O ffice Commercial General Liability coverage (Occurrence Form CG 0001). The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted ; B. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned, rented, and hired vehicles, at least as broad as Insurance Services Office Form Number CA 0001 (ed. 10/13) covering automobile liability, Code 1 (any auto); C. Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance; and if applicable, as determined by the City’s Risk Manager, D. Professional Liability (Errors and Omissions) that covers the Services to be performed in connection with this Agreement. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Vendor agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, and their elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against the City of Palm Desert or their elected or appointed officers, agents, officials, employees, volunteers, and representatives and shall require similar written express waivers and insurance clauses from each of its subcontractors. Workers’ compensation coverage shall have an endorsement in favor of the City of Palm Desert, and their respective officers, agents, employees, volunteers, and representatives. Insurance carriers shall be licensed and authorized to do business in California. Such insurance carrier shall have not less than an "A-:VII" rating according to the latest Best Key Rating unless otherwise approved by City’s Risk Manager. Vendor shall add the City, and their respective officers, officials, employees, agents, volunteers and representatives as additional insureds on Vendor’s Commercial General Liability, Automobile Liability, and if applicable, Pollution Liability and Cyber Liability policies. Coverage provided by Vendor shall be primary and any insurance or self-insurance procured or maintained by the City shall not be required to contribute with it. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance (i.e., pollution, cyber, and fidelity coverages) required by giving the Vendor advance written notice of such change. If such change results in substantial additional cost to the Vendor, the City and Vendor may renegotiate Vendor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. 4. Indemnification. To the fullest extent permitted by law, Vendor shall defend (with counsel of City’s choosing), indemnify and hold the City, and their respective officials, officers, employees, volunteers, agents and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death (collectively, “Claims”), in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Vendor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Vendor’s Services, the project, or this Agreement, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willfu l misconduct of the City. Vendor’s obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant or the City, or their respective officials, officers, employees, agents, volunteers or representatives. If Vendor’s obligation to defend, indemnify, and/or hold harmless arises out of Vendor’s performance as a “design professional” (as that term is defined under Civil Code § 2782.8), then, and only to the extent requir ed by Civil Code § 2782.8, which is fully incorporated herein, Vendor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Vendor, and, upon Vendor obtaining a final adjudication by a court of competent jurisdiction, Vendor’s liability for such claim, including the cost to defend, shall not exceed the Vendor’s pro portionate percentage of fault. 5. Laws; Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the Coun ty of Riverside, State of California. 6. Termination. The City may terminate the whole or any part of this Agreement for any or no reason by giving three (3) calendar days written notice to Vendor. In such event, the City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for the work. The City shall pay Vendor the reasonable value as determined by the City of any portion of the Services completed prior to termination. The City shall not be liable for any costs 166 Contract No. ___________ Exhibit “A-2” Revised 01-2024 BBK 72500.00001\32374915.1 other than the charges or portions thereof which are specified herein. Vendor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of the Services. Vendor may terminate its obligation to provide further work under this Agreement upon thirty (30) calendar day’s written notice to the City only in the event of the City’s failure to perform in accordance with the terms of this Agreement through no fault of Vendor. 7. Changes. By written notice, the City may from time to time, make changes to the Services furnished to the City by Vendor. If such change causes an increase or decrease in the Agreement Price or in the time required for performance, Vendor or the City shall promptly notify the other party thereof and assert its claim for adjustment within fifteen (15) days after the change is orde red, and an equitable adjustment shall be made. However, nothing in this clause shall excuse the Vendor from procee ding immediately with the Agreement as changed. 8. Miscellaneous Terms. Vendor shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City. This Agreement may not be modified or altered except in writing signed by the Parties. There are no intended third-party beneficiaries of any right or obligation of the Parties. This is an integrated Agreement representing the entire understanding of the Parties as to those matters contained herein and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder. Since the Parties or their agents have participat ed fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. The captions of the various paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. The unenforceability, invalidity, or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid, or illegal. Notice may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the Parties to the addresses set forth in this Agreement. Vendor is retained as an independent contractor and is not an employee of the City. No employee or agent of Vendor shall become an employee of the City. Vendor warrants that the individual who has signed this Agreement has the legal power, right, and authority to make this Agreement and bind the Vendor hereto. 167 Contract No. ___________ Exhibit “B” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT “B” SCOPE OF SERVICES; SCHEDULE OF SERVICES Objective: To foster a strong, positive relationship between the City of Palm Desert and businesses in the El Paseo Shopping District by facilitating clear, consistent, and constructive communication. Merchant Outreach Goal: Maintain a reliable presence among El Paseo businesses to support two-way communication between merchants and the City. Core Activities:  Share timely City updates, resources, and opportunities with merchants in collaboration with the City’s Economic Development Department.  Conduct monthly outreach visits to El Paseo businesses to listen, gather feedback, and identify opportunities for City support.  Provide merchants with helpful guidance or referrals to City services as appropriate.  Represent the City of Palm Desert in a positive, professional, and solutions-oriented manner at all times.  Welcome and introduce new businesses to available City resources and contacts.  Maintain an up-to-date, confidential database of business contacts and visit summaries.  Post City announcements and resources in the private El Paseo Merchant Group Facebook group, ensuring messages are accessible and relevant.  Use the City’s In-Touch app to report significant maintenance or code issues as appropriate. Escalate life safety hazards directly to the City liaison. Estimated hours per month: 12–15 Monthly Recap Report Goal: Deliver a concise, organized summary of outreach efforts and merchant feedback to inform the City’s economic development strategy. Core Activities – Submit a monthly report to City staff detailing: o Businesses visited and contact attempts made o Notable business openings, closings, or changes o Common merchant concerns, questions, and trends (with suggested next steps, where applicable) o Summary of communication efforts (e.g., e-blasts, group posts, and in-person updates) Estimated hours per month: 2 168 Contract No. ___________ Exhibit “C” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT “C” COMPENSATION Monthly Retainer: $1,500 per month for a 12-month period Other Considerations  This initial estimate covers the steps as outlined in Exhibit B.  Additional services may be contracted upon mutual written agreement provided the total does not exceed $2,000. 169 170 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 10, 2025 PREPARED BY: Thomas Soule, Public Affairs Manager SUBJECT: AUTHORIZE AMENDMENT NO. 4 TO AGREEMENT NO. A43790 WITH FG CREATIVE TO EXTEND THE CONTRACT TERM FOR THREE MONTHS AND INCREASE COMPENSATION BY $36,600. RECOMMENDATION: 1. Approve Amendment No. 4 to Agreement No. A43790 with FG Creative to extend the term of the contract through September 30, 2025, and increase total compensation by $36,600. 2. Authorize the City Attorney to make necessary non-monetary changes to the agreement. 3. Authorize the City Manager to execute the amendment and any related documents necessary to effectuate this action, in accordance with Sectio n 3.30.170 of the Palm Desert Municipal Code. BACKGROUND/ANALYSIS: On July 1, 2022, the City entered into Agreement No. A43790 with FG Creative to provide marketing services for the Palm Desert Aquatic Center. Since that time, the City Council has approved three amendments to this agreement to extend the term, update the scope of services, and adjust compensation to support marketing and public relations efforts for the facility. The current contract expired on June 30, 2025. City staff recently issued a Request for Proposals (RFP) seeking a new contract for marketing services related to the Palm Desert Aquatic Center, for which the City received 27 responses. In order to conduct a thorough and fair review of these proposals and ensure an appropriate recommendation for future services, additional time is required beyond the termination of the contract. Unfortunately, this occurs during the Aquatic Center’s high season, when a lapse in media advertising would negatively affect programming and revenue. As a temporary solution, staff seeks authorization to extend the existing contract with FG Creative for three months, maintaining the same media buy levels as approved for the same months during the previous fiscal year. During this period, the RFP process will be completed, and a new contract for marketing services will begin on October 1, 2025. Amendment No. 4 to Agreement No. A43790 will extend the contract term for three months, through September 30, 2025, and increase the contract amount by $36,600 to provide continuity of marketing services until a new agreement can be awarded. Legal Review: This report has been reviewed by the City Attorney’s Office. 171 City of Palm Desert Authorize Amendment No. 4 to Agreement No. A43790 with FG Creative Page 2 of 2 FINANCIAL IMPACT: Funds for this contract extension are included in the Fiscal Year 2025/26 budget. No additional appropriation is required. ATTACHMENTS: 1. Original Agreement No. A43790 with FG Creative 2. Amendment No. 1 to Agreement No. A43790 3. Amendment No. 2 to Agreement No. A43790 4. Amendment No. 3 to Agreement No. A43790 5. Draft Amendment No. 4 to Agreement No. A43790 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 Contract No. A43790 Page 1 of 5 Revised 01-2024 BBK 72500.00001\32445060.1 AMENDMENT NO. 3 TO THE TO THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT, A43790 FOR MARKETING SERVICES BETWEEN THE CITY OF PALM DESERT AND FG CREATIVE 1. Parties and Date. This Amendment No. 3 to the made and entered into as of this 28th day of May 2024, by and between the City of Palm Desert (“City”) and FG CREATIVE, a Corporation, with its principal place of business at 19725 Driscoll Road, Desert Hot Springs, CA 92241 ("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 FG Creative have entered into an agreement entitled “Professional Services Agreement for Marketing Services, No. A43790” dated July 1, 2022 (“Agreement” or “Contract”) for the purpose of retaining the services of retaining the services of Consultant to provide Marketing Services for the Palm Desert Aquatic Center. 2.2 Amendment. The City and FG Creative entered into Amendment No.1 to extend the term for an additional year performance period of July 1, 2023, to June 30, 2024.The Parties have heretofore entered into Amendment No. 1 dated July 1, 2023 2.3 Amendment. The City and FG Creative entered into Amendment 2. to establish an updated scope of service and increased compensation during period July 1, 2023 through June 30, 2024. The Parties have heretofore entered into Amendment No. 2 dated March 28, 2023. 2.4 Amendment. The City and FG Creative desire to amend the Agreement to extend the term, update scope of service, and increase compensation for third year of contract, July 1, 2024 through June 30, 2025. 2.5 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section 3.6.14; Modification of the Agreement. 3. Terms. 3.1. Section Compensation. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows: 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Thousand and Zero Cents ($100,000.00) without written approval of the City Council or City Manager, as applicable. “Exhibit B and Exhibit C-1 are hereby deleted in its entirety and replaced with Exhibit B-1 and Exhibit C-2 attached hereto and incorporated herein by reference.” 201 Contract No. A43790 Page 2 of 5 Revised 01-2024 BBK 72500.00001\32445060.1 3.1 Section Term. Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows: 3.1.2 Term. The term of this Agreement shall be from July 01, 2024, to June 30, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. “Exhibit 3.1.2 Term is hereby deleted in its entirety and replaced with Exhibit 3.1.3 Term attached hereto and incorporated herein by reference.” 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 3, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3. 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. 3. 3.4 Severability. If any portion of this Amendment No. 3 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. 3 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] 202 Contract No. A43790 Page 3 of 5 Revised 01-2024 BBK 72500.00001\32445060.1 SIGNATURE PAGE FOR AMENDMENT NO. 3 TO THE PROFESSIONAL MARKETING SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND FG CREATIVE IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 3 to the Professional Marketing Services Agreement as of the day and year first above written. CITY OF PALM DESERT By: L. Todd Hileman City Manager Attest: By: Anthony J. Mejia City Clerk Approved as to form: By: Isra Shah Best Best & Krieger LLP FG CREATIVE, A CORPORATION By: Stephanie Greene CEO By: Stephanie Greene CEO QC: Insurance: _____ Initial Review _____ Final Approval 203 Contract No. A43790 Page 4 of 5 Revised 01-2024 BBK 72500.00001\32445060.1 EXHIBIT “B-1” SCHEDULE OF SERVICES 1. STRATEGY & ACCOUNT MANAGEMENT ($21,600) BILLED AS A MONTHLY RETAINER ACROSS 12 MONTHS (JULY TO JUNE). 2. MEDIA BUYING ($59,800) BILLED AS A PASS-THROUGH EXPENDITURE. 3. PUBLIC RELATIONS/SOCIAL MEDIA ($18,600) BILLED AS A MONTHLY RETAINER ACROSS 12 MONTHS (JULY TO JUNE). 204 Contract No. A43790 Page 5 of 5 Revised 01-2024 BBK 72500.00001\32445060.1 EXHIBIT “C-2” COMPENSATION Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Agreement at the rates set forth in Exhibit “B” to this Contract, which is attached hereto and incorporated herein by reference. Pass-through Expenditures – Consultant shall be reimbursed for pass-through media buy expenditures in an amount not to exceed fifty-nine thousand, eight hundred dollars ($59,800). Renewal - In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino- Ontario. 205 206 Contract No. ________ AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND FG CREATIVE 1.Parties and Date. This Amendment No. 4 (“Amendment”) to the PROFESSIONAL SERVICES AGREEMENT is made and entered into as of this 1st day of JULY, 2025 by and between the City of Palm Desert, a municipal corporation organized and operating under the laws of the State of California (“City”), and FG CREATIVE, a A CORPORATION with its principal place of business at 19725 Driscoll Road, Desert Hot Springs, CA 92241, Vendor. City and Vendor are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. The Parties entered into an agreement titled PROFESSIONAL SERVICES AGREEMENT Dated July 1, 2022 (“Agreement”). Amendment Authority. This Amendment is authorized pursuant to Section 3.6.14 of the Agreement. 3. Terms. Amendment. The Agreement is hereby amended as follows: 3.1.2 July 01, 2024, to September 30, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. “Exhibit B-2 and Exhibit C- herein by reference are in addition to Exhibit B-1 and C- Amendment No. 3.” 3.3.1 Compensation. reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B-2" and “C-3” incorporated herein by reference. The total compensation shall not exceed One Hundred Thirty-Six Thousand Six Hundred Dollars and Zero Cents ($136,600.00) without written approval of the City Council or City Manager, as applicable. Continuing Effect of Agreement. Except as amended by this Amendment, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the Parties under this Amendment. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment. 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. A43790 207 Contract No. ________ Severability. If any portion of this Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. Counterparts. This Amendment 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] A43790 208 Contract No. ________ SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND FG CREATIVE IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. Clerk QC: ________ Contracts QC: ________ Insurance: __________ Initial Review ___________ Final Approval CITY OF PALM DESERT By: Chris Escobedo Interim City Manager Attest: By: Anthony J. Mejia City Clerk Approved as to form: By: Isra Shah City Attorney FG CREATIVE A CORPORATION By: Stephanie Greene CEO By: Stephanie Greene CFO A43790 209 EXHIBIT “B-2” SCHEDULE OF SERVICES I. ACCOUNT SERVICES – $6,700 •Strategic planning and account management in alignment with the annual marketing plan •Ongoing project coordination, internal/external meetings, reporting, and performance analytics •Monthly creative asset development and graphic design (unlimited revisions) •Monthly website updates and one e-newsletter (e-blast) per month •Inclusion of newly supplied photography assets II. MEDIA – $29,900 A. Public Relations – $2,000 •Development and execution of seasonal public relations strategy (Summer & Fall Focus) •Creation and distribution of press releases and media pitches •Oversight of earned media coverage •Limited engagement with social media outlets for public relations amplification B. Social Media Management – $3,600 •Content development, scheduling, and publishing on Facebook and Instagram •Engagement monitoring and response management •Platform performance analysis C. Paid Digital Campaigns – $1,500 •Paid social media ad campaigns across major platforms (Facebook, Instagram, etc.) •Targeted creative development and campaign optimization D. Outdoor Advertising – $8,800 •One digital billboard slot via Lamar Outdoor •Monthly creative rotation to maintain fresh messaging E. Radio Advertising – $6,000 •Local radio advertising across multiple stations •Includes web banner placement on participating radio station websites F. Google Adwords & Geo-Fencing Campaigns – $8,000 •Digital advertising using Google Ads with geographic targeting •Multi-campaign messaging structure to support seasonal focus 210 EXHIBIT “B-2” SCHEDULE OF SERVICES III. BRAND, GRAPHICS, WEBSITE & RADIO CAMPAIGN PRODUCTION – INCLUDED •Monthly brand maintenance, website support, and radio production are included under the retainer with no additional cost DELIVERABLES SUMMARY (by Month): Month Estimated Cost Key Focus Total: $36,600 211 Contract No. ________ EXHIBIT “C-3” COMPENSATION Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Agreement at the rates set forth in Exhibit “B-2” to this Contract, which is attached hereto and incorporated herein by reference. Pass-through Expenditures – Consultant shall be reimbursed for pass-through media buy expenditures in an amount not to exceed Twenty Nine Thousand Nine Hundred Dollars ($29,900). Renewal - In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino- Ontario. 212 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 10, 2025 PREPARED BY: Thomas Soule, Public Affairs Manager SUBJECT: APPROVE AMENDMENT NO. 4 TO CONTRACT NO. C43390 WITH IDEA PEDDLER, LLC TO ALIGN FY 2024/25 COMPENSATION WITH PREVIOUSLY APPROVED SCOPE OF SERVICES RECOMMENDATION: 1. Approve Amendment No. 4 to Contract No. C43390 with Idea Peddler, LLC to align the compensation terms with the approved services for FY 2024/25. 2. Authorize the City Attorney to make necessary, nonmonetary changes to the Agreement. 3. Authorize the City Manager to execute the amendment and any related documents necessary to effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal Code. BACKGROUND/ANALYSIS: In FY 2023/24, the City Council approved a one-time increase to the City’s marketing services contract with Idea Peddler. This increase supported a creative asset refresh and launched a n economic development pilot program focused on expanding the City’s tourism marketing to Seattle, which was a new market for Palm Desert. The expanded scope of services was detailed in Amendment No. 2 and its accompanying staff report, which identified FY 2023/24 as the implementation year. Due to the pilot program’s success, marketing to Seattle has since become a regular part of the City’s marketing and economic development strategy. Amendment No. 3, executed in November 2024, updated the Schedule of Services to reflect the expanded wo rk. At budget time, the Council approved the continuation of this marketing program. Amendment No. 4 aligns the contract compensation for FY 2024/25 with the approved ongoing work. This action ensures consistency between the Council-approved budget, the services being delivered, and the executed agreement. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no fiscal impact to the General Fund with this action. The funding for FY 2024/25 is included in the adopted budget and supported by approved allocations in the Professional Other and Advertising Media Buys line items of the Marketing budget (Account No 1104417-4309000 and Account No 1104417-4322100). 213 City of Palm Desert Approve Amendment No. 4 to Contract No. C43390 Page 2 of 2 ATTACHMENTS: 1. C43390 - Original Contract 2. C43390 - Amendment No. 1 3. C43390 - Amendment No. 2 4. C43390 - Amendment No. 3 5. C43390 - Amendment No. 4 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 Contract No. C43390 Page 1 of 9 Revised 11-2-20 BBK 72500.00001\32445060.1 AMENDMENT NO. 2 TO CONTRACT NO. C43390 MARKETING SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND IDEA PEDDLER 1. Parties and Date. This Amendment No. 2 to the Marketing Services Agreement is made and entered into as of this 13TH day of July, 2023, by and between the City of Palm Desert (“City”) and Idea Peddler, a Texas Limited Liability Corporation, with its principal place of business at 106 E 6th St, Ste. 900- 937, Austin, TX 78701 (“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 “Marketing Services Agreement” dated June 23, 2022 (“Agreement” or “Contract”) for the purpose of retaining the services of Consultant to provide marketing services. 2.2 Amendment. The City and Consultant desire to amend the Agreement to revise the Scope of Services and Compensation. 3. Terms. 3.1 3.3.D Substitution of Key Personnel is hereby amended in its entirety to read as follows: 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: Sara Martin, SVP Integrated Marketing, Blake Takushi, Creative Director or Ed Cohen, Strategy Director. 3.2 3.3.I Period of Performance is hereby amended in its entirety to read as follows: 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”). 3.3 3.5 Other Provision or Requirements The “Water Quality Management and Compliance” section of the Agreement is hereby deleted in its entirety. 3.4 3.7 Labor Code Requirements The “Prevailing Wages” and “Registration/DIR Compliance” sections of the Agreement are hereby deleted in their entirety. 3.5 3.6.A Compensation is hereby amended in its entirety to read as follows: Consultant shall receive compensation, including authorized reimbursements, for DocuSign Envelope ID: 836ADF11-1D11-427C-BCCC-1460CC5172FF 247 Contract No. C43390 Page 2 of 9 Revised 11-2-20 BBK 72500.00001\32445060.1 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 Eight Hundred Ninety Thousand Dollars ($890,000) without written approval of the City Council or City Manager, as applicable. 3.6 3.6.B Payment of Compensation is hereby amended in its entirety to read as follows: Consultant shall submit to City monthly invoices which provide a detailed description of the Services rendered by Consultant. Consultant shall not invoice City for any milestones or deliverables until such milestones or deliverables have been completed in accordance with Exhibit “B.” 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. 3.7 3.7 Labor Code Requirements The “Prevailing Wages” and “Registration/DIR Compliance” sections of the Agreement are hereby deleted in their entirety. 3.8 3.9.A.1 Grounds for Termination is hereby amended in its entirety to read as follows: City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and with 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. 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. City understands that any additional work outside of the 60-day cancellation window to support a successful transition of work will require incremental compensation at a rate to be determined. 3.9 3.9.C.1 Documents & Data; Licensing of Intellectual Property is hereby amended in its entirety to read as follows: 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"). Provided that the City has paid in full for all milestones and deliverables, all DocuSign Envelope ID: 836ADF11-1D11-427C-BCCC-1460CC5172FF 248 Contract No. C43390 Page 3 of 9 Revised 11-2-20 BBK 72500.00001\32445060.1 Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.10 3.9.C.3 Right to Use is hereby amended in its entirety to read as follows: Provided that the City has paid in full for all milestones and deliverables, 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. 3.11 “Exhibit A” is hereby deleted in its entirety and replaced with “Exhibit A” attached hereto and incorporated herein by reference. 3.12 “Exhibit B” is hereby deleted in its entirety and replaced with “Exhibit A” attached hereto and incorporated herein by reference. 3.13 “Exhibit C” is hereby deleted in its entirety and replaced with “Exhibit A” attached hereto and incorporated herein by reference. 3.14 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, DocuSign Envelope ID: 836ADF11-1D11-427C-BCCC-1460CC5172FF 249 Contract No. C43390 Page 4 of 9 Revised 11-2-20 BBK 72500.00001\32445060.1 whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2. 3.15 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. 3.16 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.17 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] DocuSign Envelope ID: 836ADF11-1D11-427C-BCCC-1460CC5172FF 250 Contract No. C43390 Page 5 of 9 Revised 11-2-20 BBK 72500.00001\32445060.1 SIGNATURE PAGE FOR AMENDMENT NO. 2 TO MARKETING SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND IDEA PEDDLER IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 to the MARKETING SERVICES AGREEMENT as of the day and year first above written. CITY OF PALM DESERT By: L. Todd Hileman City Manager ATTEST: By: Anthony J. Mejia City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney IDEA PEDDLER LIMITED LIABILITY CORPORATION By: Its: Printed Name: By: Its: Printed Name: QC: MN Insurance: _____ Initial Review _____ Final Approval DocuSign Envelope ID: 836ADF11-1D11-427C-BCCC-1460CC5172FF Founder, Director Cimin Cohen Ed Cohen VP Strategy 251 Contract No. C43390 Page 6 of 9 Revised 11-2-20 BBK 72500.00001\32445060.1 EXHIBIT "A" SCOPE OF SERVICES The agency will assist the City in the following areas: strategy, creative services/branding, media planning, public relations, and social media. Each of these areas is outlined below. The City welcomes the agency as a partner to provide strategic counsel toward furthering the synergy of the City's ad campaign, the City's overall branding, and among owned media channels overseen by City staff, including the website, social media, and e-newsletter. The goal is to achieve across all channels (owned, earned, and paid) a cohesive brand that represents the City well and inspires people to spend time in Palm Desert, whether that be for an afternoon, a day, a week, or longer. 1. STRATEGY & ACCOUNT MANAGEMENT GOAL: Work closely with City Staff and the Marketing Committee to create a marketing and media strategy for each fiscal year that maximizes the existing budget to efficiently reach our target audiences and inspire travel to Palm Desert. SPECIFICS:  Annual Strategy – Engage in a workshop with City Staff to create an overarching strategic plan for each fiscal year.  Marketing Committee – Assist in planning Marketing Committee meetings, prepare informational updates for each committee meeting, and attend meetings via Zoom with in-person agency representation at a minimum of three meetings. 2. CREATIVE SERVICES & BRANDING GOAL: Keep the City's ad campaign fresh, compelling, and engaging while strengthening the City's overall brand through various channels and projects. SPECIFICS  Asset Development/Refresh - expand the City's library of usable marketing material, including photography and videography. Refresh and update both the “Find Your Happy Pace” campaign and the “Palm Desert Pocket Guide” content via two Photo Shoots.  Design Services for creative development of the ad campaign and Pocket Guide content as needed, including the City's annual calendar.  Ad mechanicals to produce the various iterations of ads as required by the media plan. 3. MEDIA PLANNING & BUYING GOAL: Create a comprehensive, creative, and strategic media plan that economically uses limited funds to reach a targeted audience with the City's ad campaign. SPECIFICS  Develop an annual budget that includes a comprehensive, strategic, and diversified media plan and account management that promotes Palm Desert to its target audiences in accordance with direction provided by the City. This media plan is to include both the DocuSign Envelope ID: 836ADF11-1D11-427C-BCCC-1460CC5172FF 252 Contract No. C43390 Page 7 of 9 Revised 11-2-20 BBK 72500.00001\32445060.1 City's tourism (out-of market) ad campaign and its in-market advertising for local community events. This media plan should demonstrate maximum spend efficiency and a clear ability to measure return on investment (ROI).  Negotiate, schedule, and maintain media buys in accordance with the approved media plan. Ensure that all work performed on behalf of the City of Palm Desert is billed to the City at net amounts.  Provide media administrative services including, but not limited to, record keeping; flowcharts; budget recaps; billing; processing payment; maintaining media buy schedules; buy confirmations; tracking make goods and credits; trafficking of creative materials.  Evaluate all media proposals submitted to the City and issue recommendations based on cost, validity, and perceived benefits to the marketing/advertising objectives of the City.  Provide monthly and quarterly reports summarizing project activities and achievements of all services outlined in this scope of work.  Submit detailed invoices to include the projects and services worked on or completed, with supporting documentation for the previous month's activities. 4. PUBLIC RELATIONS/SOCIAL MEDIA GOAL: Create synergy with the paid ad campaign by promoting earned media placements and managing the City’s tourism Instagram account. SPECIFICS: Continue development of a strategy for earned media that fits into the media plan and capitalizes on City events and amenities, as well as on larger events that happen in the Coachella Valley, such as the BNP Tennis Tournament and the Coachella Music Festival. Explore hosting a Media Fam Trip related to 50th Anniversary. DocuSign Envelope ID: 836ADF11-1D11-427C-BCCC-1460CC5172FF 253 Contract No. C43390 Page 8 of 9 Revised 11-2-20 BBK 72500.00001\32445060.1 EXHIBIT "B" SCHEDULE OF SERVICES 1. STRATEGY & ACCOUNT MANAGEMENT ($53,000) Billed as a monthly retainer across 12 months (July to June) 2. CREATIVE SERVICES & BRANDING ($190,000) A. Ad Campaign Creative Refresh Milestones a. Storyboard - $25,000 b. Photo Shoot Completion - $40,000 c. Shoot Recap - $35,000 B. Pocket Guide Creative Refresh Milestones a. Storyboard - $15,000 b. Content Capture Completion - $25,000 c. Capture Recap - $25,000 C. Ad Mechanicals Milestones and Deliverables a. Calendar i. Launch & Concept Approval - $2,500 ii. Final Product - $2,500 b. Ad Campaign Assets (two 30-second ads, four 15-second ads, ad sizing) - $4,000 c. Pocket Guide Videos Batch 1 (20 videos) - $3,000 d. Pocket Guide Videos Batch 2 (20 videos) - $3,000 e. Pocket Guide Videos Batch 3 (20 videos) - $3,000 f. Non-video paid media ads (estimated 6 sizes) - $5,000 g. Early-Season Ad (1 size) - $1,000 h. Late-Season Ad (1 size) - $1,000 3. MEDIA PLANNING & BUYING ($583,000) Media Management Services - $53,000 – Billed as a monthly retainer across 12 months. Working Media Investment/Media Buy - $530,000 – Pass-through expenditure 4. PUBLIC RELATIONS/SOCIAL MEDIA ($64,000) Public Relations billed as a monthly retainer across 12 months - $35,000 Social Media billed as a monthly retainer across 12 months - $29,000 DocuSign Envelope ID: 836ADF11-1D11-427C-BCCC-1460CC5172FF 254 Contract No. C43390 Exhibit “C” Revised 11-2-20 BBK 72500.00001\32445060.1 EXHIBIT "C" COMPENSATION Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Agreement at the rates set forth in Exhibit “B” to this Contract, which is attached hereto and incorporated herein by reference. Pass-through Expenditures – Consultant shall be reimbursed for pass-through media buy expenditures in an amount not to exceed five hundred thirty thousand dollars ($530,000). Renewal - In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino- Ontario. DocuSign Envelope ID: 836ADF11-1D11-427C-BCCC-1460CC5172FF 255 256 Contract No. C43390 Page 1 of 5 Revised 01-2024 BBK 72500.00001\32445060.1 AMENDMENT NO. 3 TO CONTRACT NO. C43390 MARKETING SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND IDEA PEDDLER 1. Parties and Date. This Amendment No. 3 to the Marketing Services Agreement is made and entered into as of this 7th day of November, 2024, by and between the City of Palm Desert (“City”) and Idea Peddler, a Limited Liability Company, with its principal place of business at 106 E 6th St, Ste. 900-937, Austin, TX 78701 (“Consultant”). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. Recitals. 2.1 Agreement. The City and Consultant have entered into an agreement entitled “Marketing Services Agreement” dated June 23, 2022 (“Agreement” or “Contract”) for the purpose of retaining the services of Consultant to provide marketing services. 2.2 Amendment No. 1. The City and Idea Peddler entered into Amendment No.1 to increase compensation and allow authorization of extra work under “Compensation”. Parties have heretofore entered into Amendment No. 1 dated October 27, 2022. 2.3 Amendment No. 2. The City and Idea Peddler entered into Amendment No.2 to revise the Scope of Services and Compensation. Parties have heretofore entered into Amendment No. 2, dated July 13, 2023. 2.4 Amendment No. 3. The City and Consultant desire to amend the Agreement to revise the Schedule of Services, Exhibit B. 2.5 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section N of the Agreement. 3. Terms. 3.1 Section 6. Exhibit B of the Agreement is hereby deleted in its entirety and replaced with Exhibit B-1 attached hereto and incorporated herein by reference. All references to Exhibit B in the original contract and any prior amendments shall now refer to Exhibit B-1. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 3, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3. 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. 3. 3.4 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. Docusign Envelope ID: 2B37F285-2AD5-4603-9020-AD6DB82D252E 257 Contract No. C43390 Page 2 of 5 Revised 01-2024 BBK 72500.00001\32445060.1 3.5 Counterparts. This Amendment No. 3 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: 2B37F285-2AD5-4603-9020-AD6DB82D252E 258 Contract No. C43390 Page 3 of 5 Revised 01-2024 BBK 72500.00001\32445060.1 SIGNATURE PAGE FOR AMENDMENT NO. 3 TO MARKETING SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND IDEA PEDDLER IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 3 to the MARKETING SERVICES AGREEMENT as of the day and year first above written. CITY OF PALM DESERT By: L. Todd Hileman City Manager Attest: By: Anthony J. Mejia City Clerk Approved as to form: By: Isra Shah Best Best & Krieger LLP City Attorney IDEA PEDDLER, A LIMITED LIABILITY COMPANY By: Cimin Ahmadi-Cohen CEO By: Ed Cohen VP of Strategy City Clerk QC: _____ Contract QC: _____ Insurance: _____ Initial Review _____ Final Approval Docusign Envelope ID: 2B37F285-2AD5-4603-9020-AD6DB82D252E 259 Contract No. C43390 Page 4 of 5 Revised 01-2024 BBK 72500.00001\32445060.1 EXHIBIT "B-1" SCHEDULE OF SERVICES 6.1 SCHEDULE OF SERVICES 1. STRATEGY & ACCOUNT MANAGEMENT ($53,000) Billed as a monthly retainer across 12 months 2. CREATIVE SERVICES & BRANDING ($186,000) A. Ad Campaign Creative Refresh Milestones a. Pre-Production - $25,000 b. Photo Shoot Completion - $40,000 c. Shoot Recap - $35,000 B. Pocket Guide Creative Refresh Milestones a. Pre-Production - $15,000 b. Content Capture Completion - $25,000 c. Shoot Recap - $25,000 C. Ad Mechanicals Milestones and Deliverables a. Calendar i. Launch & Concept Approval - $2,500 ii. Final Product - $2,500 b. Pocket Guide Videos Batch 1 (minimum of 15 videos) - $3,000 c. Pocket Guide Videos Batch 2 (minimum of 15 videos) - $3,000 d. Pocket Guide Videos Batch 3 (minimum of 15 videos) - $3,000 e. Non-video paid media ads (estimated 6 sizes) - $5,000 f. Early-Season Ad (1 size) - $1,000 g. Late-Season Ad (1 size) - $1,000 3. MEDIA PLANNING & BUYING ($578,000) Media Management Services - $52,545 – Billed as a monthly retainer across 12 months Working Media Investment/Media Buy - $525,455 – Pass-through expenditure 4. PUBLIC RELATIONS/SOCIAL MEDIA ($73,000) Public Relations billed as a monthly retainer across 12 months - $44,000 Social billed as a monthly retainer across 12 months - $29,000 Docusign Envelope ID: 2B37F285-2AD5-4603-9020-AD6DB82D252E 260 Contract No. C43390 Page 5 of 5 Revised 01-2024 BBK 72500.00001\32445060.1 EXHIBIT "B-1" SCHEDULE OF SERVICES 6.2 Hourly Rates for Incremental/non-scoped work A Chief Amount Director/ Senor Media -$ 250 B Chief Strategist/ Consultant-$ 250 C Art Director - $250 D. Senior Graphic Designer - $ 185 E. Junior Account Manager -$ 125 F Copywnter-$ 145 G. Freelance still Shorter -$ 165 H. Ydeo Editor-$ 165 I. Still Editor-$ 145 J. Web Design/ Developer-$ 115 K production Coordinator -$ 90 L Facebook/ Instagram Manager -$ 120 M Junior Media Buyer -$ 110 Docusign Envelope ID: 2B37F285-2AD5-4603-9020-AD6DB82D252E 261 262 Contract No. ________ AMENDMENT NO. 4 TO THE MARKETING SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND IDEA PEDDLER 1. Parties and Date. This Amendment No. 4 (“Amendment”) to the Marketing Services Agreement is made and entered into as of July 10, 2025 by and between the City of Palm Desert, a municipal corporation organized and operating under the laws of the State of California (“City”), and Idea Peddler, a a Limited Liability Company with its principal place of business at 106 E 6th St. Ste. 900-937 austin, TX 78701, Vendor. The City and Vendor are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. The Parties entered into an agreement titled Marketing Services Agreement dated June 23, 2023 (“Agreement”). Amendment Authority. This Amendment is authorized pursuant to Section 3.9. N of the original Marketing Services Agreement 3. Terms. Amendment. The Agreement is hereby amended as follows: Section Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in attached hereto and incorporated herein by reference. The total compensation shall not exceed without written approval of the City Council or City Manager, as applicable. Continuing Effect of Agreement. Except as amended by this Amendment, all other provisions of the Agreement remain in full force and effect and sha ll govern the actions of the Parties under this Amendment. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment. 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. Severability. If any portion of this Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. Counterparts. This Amendment 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] 263 Contract No. ________ SIGNATURE PAGE TO MARKETING SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND IDEA PEDDLER IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. Clerk QC: ________ Contracts QC: ________ Insurance: __________ Initial Review ___________ Final Approval CITY OF PALM DESERT IDEA PEDDLER, A LIMITED LIABILITY COMPANY 264 Contract No. ________ EXHIBIT "B-1" 6.1 Schedule of Services 1.STRATEGY & ACCOUNT MANAGEMENT ($53,000) Billed as a monthly retainer across 12 months 2. CREATIVE SERVICES & BRANDING ($186,000) A. Ad Campaign Creative Refresh Milestones a. Pre-Production - $25,000 b. Photo Shoot Completion - $40,000 c. Shoot Recap - $35,000 B. Pocket Guide Creative Refresh Milestones a. Pre-Production - $15,000 b. Content Capture Completion - $25,000 c. Shoot Recap - $25,000 C. Ad Mechanicals Milestones and Deliverables a. Calendar i. Launch & Concept Approval - $2,500 ii. Final Product - $2,500 b. Pocket Guide Videos Batch 1 (minimum of 15 videos) - $3,000 c. Pocket Guide Videos Batch 2 (minimum of 15 videos) - $3,000 d. Pocket Guide Videos Batch 3 (minimum of 15 videos) - $3,000 e. Non-video paid media ads (estimated 6 sizes) - $5,000 f. Early-Season Ad (1 size) - $1,000 g. Late-Season Ad (1 size) - $1,000 3. MEDIA PLANNING & BUYING ($578,000) Media Management Services - $52,545 – Billed as a monthly retainer across 12 months Working Media Investment/Media Buy - $525,455 – Pass-through expenditure 4. PUBLIC RELATIONS/SOCIAL MEDIA ($73,000) Public Relations billed as a monthly retainer across 12 months - $44,000 Social billed as a monthly retainer across 12 months - $29,000 6.2 Hourly Rates for Incremental/non-scoped work A. Chief Amount Director/ Senor Media -$ 250 B. Chief Strategist/ Consultant-$ 250 C. Art Director - $250 D. Senior Graphic Designer - $ 185 E. Junior Account Manager -$ 125 F. Copywnter-$ 145 G. Freelance still Shorter -$ 165 H. Ydeo Editor-$ 165 I. Still Editor-$ 145 J. Web Design/ Developer-$ 115 K. production Coordinator -$ 90 L. Facebook/ Instagram Manager -$ 120 M. Junior Media Buyer -$ 110 265 Contract No. ________ Exhibit “C” 3.6 A Compensation Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Agreement at the rates set forth in Exhibit “B-1” to this Contract, which is attached hereto and incorporated herein by reference. Pass-through Expenditures – Consultant shall be reimbursed for pass-through media buy expenditures in an amount not to exceed five hundred thirty thousand dollars ($525,455). Renewal - In the event that this Agreement is renewed pursuant to Section 3.2.A, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside -San Bernardino- Ontario. 266 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 10, 2025 PREPARED BY: Mariela Salazar, Management Analyst SUBJECT: AMENDMENT NO. 1 FOR THE DISBURSEMENT AND USE OF FUNDS AGREEMENT BETWEEN THE CITY OF PALM DESERT AND FINE QUALITY FOODS, INC., DBA PAPA DAN’S PIZZA AND PASTA TO EXTEND THE BUSINESS OPENING DEADLINE RECOMMENDATION: 1. Ratify Amendment No. 1 for the Disbursement and Use of Funds Agreement extending the deadline to commence operations from July 1, 2025, to September 1, 2025, or reasonably thereafter. 2. Authorize the City Manager or designee to execute all documents, agreements, amendments, and related instruments necessary to implement and carry out the intent of this item. BACKGROUND/ANALYSIS: On February 27, 2025, the City Council approved an agreement with Fine Quality, Inc., d ba Papa Dan’s Pizza and Pasta (Recipient) for the disbursement of $200,000 in Invest Palm Desert Program funds to support the business’s reconstruction following the total loss of its original location due to arson fire at the Plaza de Monterey Shopping Center on April 17, 2024. The agreement included a provision requiring the recipient to commence operations and generate sales tax by July 1, 2025, as a condition for compliance and to avoid potential claw back provisions. Discussion: Since the approval of the original agreement, the recipient has face d significant delays in obtaining the required approvals from outside regulatory agencies. Although the recipient has now received clearance from the Fire Department and the Coachella Valley Water District (CVWD), final authorization from the Riverside Cou nty Health Department remains pending. These delays have prevented the business from commencing construction and final buildout activities. The recipient has confirmed that all preparations are in place to proceed as soon as the remaining health permit is issued. These delays are attributable solely to external permitting agencies and are beyond the recipient’s control. Staff acknowledges the recipient’s continued compliance with all City requirements. The City remains committed to supporting the recovery of small businesses that contribute to the local economy, particularly long-standing establishments such as Papa Dan’s Pizza and Pasta. Given the unique circumstances, staff recommends approval of the First Amendment to 267 City of Palm Desert Amendment No.1 - Disbursement and Use of Funds Agreement Page 2 of 2 the Agreement to extend the commencement of operations deadline to September 1, 2025, and authorizing the City Manager or designee to extend such deadline further in increments of one month, not-to-exceed January 1, 2026, by issuing Recipient a written letter executed by the City Manager setting forth the new deadline. FINANCIAL IMPACT: There is no additional impact associated with this amendment. The original $200,000 allocation remains unchanged, and no additional funds are being requested. All other provisions of the agreement in full effect, including the claw back provision, minimum investment, and five-year operating requirement. ATTACHMENTS: 1. Amendment No.1 Disbursement and Use of Funds- Papa Dan’s Pizza and Pasta 2. Papa Dan’s Pizza and Pasta-Original Agreement 268 AGREEMENT FOR DISBURSEMENT AND USE OF FUNDS BETWEEN THE CITY OF PALM DESERT AND FINE QUALITY FOODS, INC. DBA PAPA DAN’S PIZZA AND PASTA This Agreement for Disbursement and Use of Funds (“Agreement”) is entered into this 27 day of February, 2025, by and between the CITY OF PALM DESERT (“City”) and Fine Quality Foods Inc. dba Papa Dan’s Pizza and Pasta, a corporation, (“Recipient”). City and Recipient are sometimes referred to individually as Party and collectively as Parties. RECITALS A.City has created the Invest Palm Desert Program (“Program”) which establishes a Program fund and allows businesses to apply for money for capital improvements and emergency assistance from the City’s Program fund. The Program’s goals are to enhance the City’s ability to promote economic development, facilitate the growth of businesses that provide high-quality jobs, ensure a strong economic base to support services to City residents, aid in the diversification of the City’s economy, and promote an improved quality of life within the City. C.Recipient has owned and operated an Italian restaurant in the City for forty years, however, in 2024 a fire destroyed Recipient’s restaurant. Recipient has secured a new tenant space located at 73011 Country Club Drive F-1, Palm Desert, CA 92270 (“Property”), within the same shopping center as the prior restaurant’s location, and Recipient seeks to re-establish Recipient’s restaurant within the City. D.Recipient has submitted a request to City for disbursement of Program funds, to be used only for such capital improvements as specified in Exhibit “A”, attached hereto and incorporated herein by reference. D.City has considered Recipient’s request and desires to approve the disbursement of Two Hundred Thousand Dollars ($200,000.00) of Program funds (the “Funds”) to Recipient, to be used only for such capital improvements as specified in Exhibit “A”, subject to the terms and conditions set forth herein. E.The City has determined this Agreement serves a public purpose because the continued operation of the Property will enhance economic development in the City, facilitate the growth of a business that provides high-quality jobs to residents, ensure a strong economic base to support services to City residents, aid in the diversification of the City’s economy, promote an improved quality of life within the City, and provide additional tax revenue to the City that will assist the City in providing services to its residents. The City has further determined that the public benefit derived from this Agreement outweighs any private benefit derived from this Agreement. Contract No. C48970 Docusign Envelope ID: 45FD5C52-7662-4854-A00E-0F1B3BC435EC 269 AGREEMENT 1.Disbursement and Use of Funds. Subject to the terms and conditions of this Agreement, within 30 days of City’s receipt of an invoice from Recipient, City shall disburse the Funds to Recipient in a manner convenient to City. Recipient shall use the Funds only for such capital improvements as specified in Exhibit “A”, at Recipient’s new Italian restaurant located at the Property (the “Business”) and shall not use the Funds for any other purpose. 2.Conditions Precedent to Disbursement. City’s obligation to perform under this Agreement and to disburse the Funds is subject to the following conditions being satisfied and the City’s receipt and approval of the following certifications, documents or materials, each of which shall be in a form and substance satisfactory to the City in its sole and absolute discretion: a.Recipient shall have made a request to City for the Funds via an invoice detailing how Funds will be used and allocated, which vendors are being purchased from, hired, or otherwise utilized in compliance with Section 3, and containing a signed certification from Recipient that invoices have not been submitted, and will not be submitted, for payment or reimbursement of those particular uses from any other source; b.Recipient shall have provided certification to City that Recipient has incurred expenses to obtain the capital improvements the Funds will be used for, or is otherwise contractually bound to incur such expenses; c.Recipient shall have provided evidence to City that Recipient is in compliance with Section 4 of this Agreement; and d.No Default or Event of Default has occurred and remains uncured. “Default” means any event or condition which, with the passage of time or the giving of notice or both, would constitute and Event of Default (as defined below). The occurrence of any of the following shall be deemed to be a default hereunder (each an “Event of Default”): i.any default or breach of any of the terms, provisions, and obligations of the Recipient pursuant to this Agreement, and such default or breach is not cured by Recipient within fifteen (15) days from receipt of written notice thereof from City; ii.commencement of any case under the Bankruptcy Code, Title 11 of the United State Code, or commencement of any other bankruptcy arrangement, reorganization, receivership, custodianship, or similar proceeding under any federal, state, or foreign law by or against Recipient and with respect to any such case or proceeding that is involuntary, and such case or proceeding is not dismissed within sixty (60) days of the filing thereof; Contract No. C48970 Docusign Envelope ID: 45FD5C52-7662-4854-A00E-0F1B3BC435EC 270 iii.Recipient shall fail to make any payment in respect of any of its indebtedness when due (whether at maturity or upon acceleration) or within any applicable grace period, or any other event or condition shall occur which results in acceleration of the maturity of such indebtedness; iv.A judgment or order for the payment of money shall be rendered against Recipient, which would have a material adverse effect on Recipient, or any of its business or operations and such judgment or order shall continue unsatisfied and unstayed for a period of thirty (30) days; v.the occurrence of any event (including, without limitation, a change in the financial condition, business, or operations of Recipient for any reason whatsoever) that materially and adversely affects the ability of Recipient to perform any of its obligations under this Agreement; vi.commencement of any action or proceeding which seeks as one of its remedies the dissolution of Recipient which is not being defended diligently and in good faith by Recipient, but in any event such action or proceeding must be terminated within ninety (90) days following its commencement; or vii.A material portion of the property of Recipient is attached, levied upon, or otherwise seized by legal process, and such attachment, levy, or seizure is not quashed, stayed, or released within thirty (30) days of the date thereof. 3.Local Contracting Requirement. Recipient shall only contract with businesses located in the City of Palm Desert in the course of Recipient’s utilization of the Funds for the purposes allowed by this Agreement. Recipient shall not spend the Funds with any business which is not located in the City of Palm Desert. Failure to comply with this section will, in addition to other applicable legal and equitable consequences, result in Recipient’s ineligibility for future City funding. 4.Minimum Investment. Recipient shall invest a minimum of One Million, Two Hundred Thousand Dollars ($1,200,000.00) into Recipient’s Business. Prior to submitting an invoice for disbursement of Funds, Recipient shall submit evidence satisfactory to City in City’s sole and absolute discretion that Recipient has complied, or will comply, with this Section. Recipient shall not be eligible to receive Funds and City shall not be obligated to disburse the Funds until City has received such evidence and determined it is satisfied that Recipient has complied or will comply with this Section. Failure to comply with this section will, in addition to other applicable legal and equitable consequences, result in Recipient’s ineligibility for future City funding. 5.Five Year Operating Requirement. Recipient covenants and agrees for itself, its successors, assigns, and every successor in interest to Recipient’s Business: a.To commence operations of the Business at the Property in such a manner as to generate sales tax by July 1, 2025. Contract No. C48970 Docusign Envelope ID: 45FD5C52-7662-4854-A00E-0F1B3BC435EC 271 b. To continuously use and operate the Business for a period of at least five years from the date of the Business’s opening to the public. The Business shall be open for a full day’s regular business hours twelve months per year, and at least five days every week. The Business may be closed on federal holidays. c. Damages for Failure to Comply. If the Business fails to commence operations by the time period set forth in Section 5.a., or in any way or for any period of time ceases continuous operations in City’s sole judgment within five years from the date of the Business’s opening, then City may demand repayment of, and Recipient shall immediately refund to City, One Hundred Thousand Dollars ($100,000.00) of the Funds (the “Clawback Amount”). The Clawback Amount will be secured by that certain security agreement executed concurrently herewith and in a form attached hereto as Exhibit “B”. d. Recipient’s Covenant to Use Property In Accordance With Agreement. Recipient covenants and agrees for itself, its successors and assigns and all voluntary and involuntary successors in interest to Recipient’s interest in the Business or the Property or any part thereof, that the Property shall, for the Term, be put to no use other than operation of the Business. 6. Maintenance of Records. Recipient shall keep, preserve, and maintain, for a period of at least six years commencing on the date of City’s initial disbursement of Funds to Recipient, all documents and records of any kind relating to Recipient’s use of the Funds. 7. Right to Inspect and Audit. The City may inspect and audit all of Recipient’s documents and records relating to the Recipient’s use of the Funds to ensure compliance with this Agreement and to ensure Recipient uses the Funds for authorized purposes. Recipient shall make such documents and records available to City, at the place and in the manner and form specified by City, within 15 days following City’s request for such documents and records. Recipient shall furthermore grant City’s employees or agents access to any land, facilities, or improvements relating to Recipient’s use of the Funds, within a reasonable amount of time after City issues written notice to Recipient requesting such access. 8. Prevailing Wage Laws. Recipient is aware of the requirements of California Labor Code Sections 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 certain "public works" and "maintenance" projects. Recipient understands and agrees that it is Recipient’s obligation to determine if Prevailing Wage Laws apply with regard to the Recipient’s use of Funds under this Agreement. Recipient agrees to fully comply with such Prevailing Wage Laws, if applicable. Recipient shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 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 Recipient shall therefore Contract No. C48970 Docusign Envelope ID: 45FD5C52-7662-4854-A00E-0F1B3BC435EC 272 comply with such Labor Code sections to fullest extent required by law. It shall be mandatory upon the Recipient and all of Recipient’s contractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors. 9. Indemnification. The Recipient shall Indemnify the City, its elected and appointed officials, its officers and employees, attorneys, contractors, and volunteers (together, the “City Indemnitees”) from and against any and all liabilities, including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution, (“Liabilities”) of any kind or nature relating to the subject matter of this Agreement or the implementation thereof, including without limitation, the obligations to proceed in accordance with applicable law as set forth in sections 8 and 10, and for any damages to property or injuries to persons, including accidental death (and attorney’s fees and costs), which may be caused by acts or omissions of the Recipient under this Agreement, whether such activities or performance thereof be by the Recipient or by anyone directly or indirectly employed or contracted by the Recipient and whether such damage shall accrue or be discovered before or after termination of this Agreement. The Recipient shall not be liable for property damage or bodily injury if and to the extent such property damage or bodily injury is directly and proximately caused by the sole or gross negligence or willful misconduct of the City Indemnitees. The Recipient shall have the obligation to defend any such action covered by this Section; provided, however, if and to the extent that Recipient determines in its reasonable discretion that such action is meritorious or that the interests of the parties justify a compromise or a settlement of such action, after consultation with and reasonable consent from the City, Recipient shall compromise or settle such action in a way that fully protects City from any Liabilities. In this regard, Recipient’s obligation to defend shall include the right to hire (subject to the reasonable written approval by the City) attorneys and experts necessary to defend, the right to process and settle reasonable claims, the right to enter into reasonable settlement agreements and pay amounts as required by the terms of such settlement, and the right to pay any judgments assessed against Recipient and/or City. If Recipient defends any such action, as set forth above, it shall Indemnify the City Indemnitees from and against any Liabilities assessed or awarded against any of them by way of judgment, order, decree, settlement, or stipulation. All rights, duties and obligations of this indemnification shall survive the termination or expiration of this Agreement. 10. Compliance with Law. Recipient shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government (including those of the City). If Recipient’s failure to comply with applicable laws, ordinances, codes, or regulations results in a claim for damage or liability to City, Recipient shall be responsible for defending, indemnifying, and holding the City harmless as provided in this Agreement. Contract No. C48970 Docusign Envelope ID: 45FD5C52-7662-4854-A00E-0F1B3BC435EC 273 11.Taxes. Recipient acknowledges and agrees that Recipient shall be responsible for any and all taxes that are associated in any way to the receipt or use of the Funds. 12.Authority to Enter Agreement. Recipient and City each respectively represent, covenant, and warrant that they are authorized to enter into and execute this Agreement and to bind each respective Party. 13.Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified herein, and supersedes any prior oral or written statements or agreements between the Parties related to such matters. 14.Agreement Binding on Successors. This Agreement, together with all obligations, terms, covenants, and conditions herein, shall be binding upon the heirs, executors, administrators, personal representatives, successors in interest and assigns of the Recipient. Whenever the term “Recipient” is used in this Agreement, such term shall include any other permitted successors and assigns as herein provided. 15.Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original and all of which together shall constitute one and the same agreement. 16.No Third Party Beneficiaries. All of the covenants contained in this Agreement are for the express benefit of each and all such Parties. This Agreement is not intended to benefit any third parties, and any such third party beneficiaries are expressly disclaimed. 17.Laws of California. This Agreement is made in the State of California, under the Constitution and laws of such State, and shall be construed and enforced in accordance with the laws of such State. 18.Assignment. The rights, obligations, and interests of Recipient shall not be assignable or transferable without the prior written consent of the City. Any attempted assignment without the prior written consent of the City shall be null and void. 19.Severability. If any section, clause or phrase of this Agreement or the application thereof to any Party or any other person or circumstance is for any reason held to be invalid by a court of competent jurisdiction, it shall be deemed severable, and the remainder of the Agreement or the application of such provisions to any other Party or to other persons or circumstances shall not be affected thereby. Each Party hereby declares that it would have entered into this Agreement, and each subsection, sentence, clause and phrase thereof, irrespective that one or more sections, subsections sentences, clauses or phrases or the application thereof might be held invalid. 20.Recipient’s Covenant Not to Discriminate. Recipient covenants by and for itself, himself or herself, its, his or her heirs, executors, administrators, and assigns, and all Persons claiming under or through it, him or her, and this Agreement is made and accepted upon and subject to the following conditions: Contract No. C48970 Docusign Envelope ID: 45FD5C52-7662-4854-A00E-0F1B3BC435EC 274 That there shall be no discrimination against or segregation of any Person or group of Persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the Property nor shall Recipient, itself, himself or herself, or any Person claiming under or through it, him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the Property. 21.Relationship Between City and Recipient. It is hereby acknowledged that the relationship between the City and the Recipient is not that of a partnership or joint venture and that the City and the Recipient shall not be deemed or construed for any purpose to be the agent of the other. Accordingly, except as expressly provided herein or in the Attachments hereto, the City shall have no rights, powers, duties or obligations with respect to the development, operation, maintenance or management of the Business. The Recipient agrees to indemnify, hold harmless and defend the City, to the same extent as set forth in Section 9 above, from any claim made against the City arising from a claimed relationship of partnership or joint venture between the City and the Recipient with respect to the development, operation, maintenance or management of the Property or the Business. [signatures on the following page] Contract No. C48970 Docusign Envelope ID: 45FD5C52-7662-4854-A00E-0F1B3BC435EC 275 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date set forth above. CITY OF PALM DESERT FINE QUALITY FOODS INC. DBA PAPA DAN’S PIZZA AND PASTA By: L. Todd Hileman City Manager By: ___ Ira Mosley ATTEST By: Ira Mosley Treasurer By: Anthony J. Mejia City Clerk APPROVED AS TO FORM: By: Isra Shah City Attorney Clerk QC: MN Contract No. C48970 Docusign Envelope ID: 45FD5C52-7662-4854-A00E-0F1B3BC435EC 276 EXHIBIT A Approved Use of Funds Contract No. C48970 Docusign Envelope ID: 45FD5C52-7662-4854-A00E-0F1B3BC435EC 277 EXHIBIT B Form of Security Agreement (Attachment Behind This Page) Contract No. C48970 Docusign Envelope ID: 45FD5C52-7662-4854-A00E-0F1B3BC435EC 278 1 SECURITY AGREEMENT This Security Agreement (“Agreement”) is made and entered into as of the __ day of _______, 20__, by and between _________________________ (''Debtor''), and the City of Palm Desert (''Secured Party''), as follows: For value received, the Debtor grants to the Secured Party a security interest in (i) the property and interests in property described on Exhibit A attached hereto and incorporated herein by reference, and (ii) all proceeds thereof (such personal property and proceeds are referred to herein collectively as the “Collateral”). This security interest is granted for the purpose of securing the obligations of the Debtor pursuant to that certain Agreement for Disbursement and Use of Funds, of even date herewith, executed by Debtor and Secured Party (the “Funding Agreement”), pursuant to which the Debtor is required to pay the Secured Party a clawback amount of One Hundred Thousand Dollars ($100,000.00) if Debtor fails to comply with the requirements set forth in the Funding Agreement (the “Obligations”). The Debtor warrants, covenants, and agrees as follows: 1.Title. Except for the security interest granted by this Agreement or as otherwise permitted in writing by Secured Party, the Debtor has, or on acquisition will have, full title to the Collateral free from any lien, security interest, encumbrance, or claim, and the Debtor will, at the Debtor's cost and expense, defend any action that may affect the Secured Party's security interest in, or the Debtor's title to, the Collateral. 2.Financing Statement. No financing statement covering the Collateral or any part of it or any proceeds of it is on file in any public office (except for those approved by Secured Party in its sole discretion). The Debtor hereby authorizes the Secured Party to file such financing statements and continuation statements and other notices, instruments, documents, agreements or consents in such offices as are or shall be necessary or as the Secured Party may determine to be appropriate to create, perfect and establish the priority of the security interest granted by this Agreement in any and all of the Collateral. At the Secured Party's request, the Debtor will pay the filing fees required for all necessary financing statements in forms satisfactory to the Secured Party and will further execute all other instruments deemed necessary by the Secured Party. 3.Sale, Lease, or Disposition of Collateral. Except in the ordinary course of business, the Debtor will not, without the written consent of the Secured Party, sell, contract to sell, lease, encumber, or dispose of the Collateral or any interest in it until this Agreement and all Obligations secured by it have been fully satisfied. 4.Protection of Collateral. The Debtor will not use the Collateral in violation of any statute or ordinance. 5.Taxes and Assessments. The Debtor will pay promptly when due all taxes, assessments and fees on the Collateral, or any part of the Collateral. 6. Reimbursement of Expenses. At the option of the Secured Party, following not less Contract No. C48970 Docusign Envelope ID: 45FD5C52-7662-4854-A00E-0F1B3BC435EC 279 2 than ten (10) days written notice to Debtor (unless a shorter or longer period is otherwise expressly provided in any other agreement between the Secured Party and Debtor, or except in the case of an emergency) the Secured Party may discharge taxes, liens, interest, or perform or cause to be performed for and on behalf of the Debtor any actions and conditions, obligations, or covenants that the Debtor has failed or refused to perform, and may pay for any actions to preserve the Collateral, and may enter the premises where the Collateral or any part of it is located and cause to be performed as agent and on the account of the Debtor any acts that the Secured Party may deem necessary for the proper preservation of the Collateral or any part of it. Any and all sums expended by the Secured Party under this paragraph, including but not limited to, attorneys' fees, court costs, agent's fees, or commissions, or any other costs or expenses, shall bear interest from the date of payment at the rate of twelve percent (12%) per annum. 7.Payment & Termination. The Debtor will pay the Obligations secured by this Agreement if and as required in accordance with the terms and provisions of the Funding Agreement. This Agreement will terminate upon the performance of all obligations of Debtor to Secured Party and the termination of the Funding Agreement. 8.Change of Place of Business. The Debtor will promptly notify the Secured Party of any change of the Debtor's principal place of business, or place where records concerning the Collateral are kept. 9. Attorney-in-Fact. The Debtor appoints the Secured Party as the Debtor's attorney-in- fact to do each and every act that the Debtor is obligated by this Agreement to do, and to exercise all rights of the Debtor in the Collateral and to make collections and to execute any and all papers and instruments and to do all other things necessary to preserve and protect the Collateral and to make collections and to protect the Secured Party's security interest in the Collateral. 10.Time of Performance and Waiver. In performing any act under this Agreement and the Funding Agreement secured by it, time shall be of the essence. The Secured Party's acceptance of partial or delinquent payments, or the failure of the Secured Party to exercise any right or remedy, shall not constitute a waiver of any obligation of the Debtor or right of the Secured Party and shall not constitute a waiver of any other similar default that occurs later. 11.Default. The Debtor shall be in default under this Agreement on the occurrence of any of the following events or conditions: (a) Any default under the Funding Agreement; (b) Any warranty, representation, or statement made or furnished to the Secured Party by or on behalf of the Debtor proves to have been false in any material respect when made or furnished; (c) Sale or encumbrance to or of any of the Collateral in violation of this Agreement, or the making of any levy, seizure, or attachment of or on the Collateral; or (d) Failure of the security interest granted by this Agreement to create a valid and perfected security interest or lien. 12.Remedies. On the occurrence of any event of default, and at any later time, the Contract No. C48970 Docusign Envelope ID: 45FD5C52-7662-4854-A00E-0F1B3BC435EC 280 3 Secured Party may declare all obligations secured due and payable immediately, and may proceed to enforce payment and exercise any and all of the rights and remedies provided by the California Commercial Code as well as other rights and remedies either at law or in equity possessed by the Secured Party. The Secured Party may require the Debtor to assemble the Collateral, or the books, records and contracts relating to the Collateral and make it or them available to the Secured Party at any place to be designated by the Secured Party that is reasonably convenient to both parties. Unless the Collateral threatens to decline rapidly in value, the Secured Party will give the Debtor reasonable notice of the time and place of any public sale or of the time after which any private sale or any other intended disposition of the Collateral is to be made. The requirements of reasonable notice shall be met if the notice is mailed, postage prepaid, to the address of the Debtor shown at the beginning of this Agreement at least ten days before the time of the sale or disposition. Expenses of retaking, holding, preparing for sale, selling, or the like shall include the Secured Party's reasonable attorneys' fees and legal expenses. 13.Jury Waiver. TO THE EXTENT PERMITTED BY LAW, DEBTOR HEREBY VOLUNTARILY, KNOWINGLY, IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE (WHETHER BASED UPON CONTRACT, TORT OR OTHERWISE) BETWEEN OR AMONG DEBTOR AND SECURED PARTY ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR ANY OTHER RELATED DOCUMENT. THIS PROVISION IS A MATERIAL INDUCEMENT TO SECURED PARTY TO PROVIDE THE FINANCING DESCRIBED HEREIN OR IN THE OTHER FINANCING DOCUMENTS. 14. Miscellaneous Provisions. (a)Governing Law; Venue: This Agreement is delivered in the State of California and governed by California law (without giving effect to its laws of conflicts). Any legal action or proceeding with respect this Agreement shall only be brought in a state or federal court located in Riverside County, California. By the execution and delivery of this Agreement , the Debtor submits to and accepts, for itself and in respect of its property, generally and unconditionally, the jurisdiction of such courts. The Debtor waives any claim that the State of California is not a convenient forum or the proper venue for any such legal action or proceeding. (b)Parties Bound: This Agreement shall be binding on and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns as permitted by this Agreement. (c)Attorneys' Fees: Should any litigation or arbitration be commenced between the parties to this Agreement concerning the Collateral, this Agreement, or the rights and duties of either party in relation to them, the prevailing party shall be entitled to a reasonable sum as reimbursement for his or her attorneys' fees and legal expenses. (d)Severability: In case any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability of that provision shall not affect any other provision of this Agreement, and this Agreement shall be construed as if the invalid, Contract No. C48970 Docusign Envelope ID: 45FD5C52-7662-4854-A00E-0F1B3BC435EC 281 4 illegal, or unenforceable provision had never been contained in it. (e)Entire Agreement: This Agreement constitutes the only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter of this Agreement. (f)Definitions: All terms used in this Agreement that are defined in the California Commercial Code shall have the same meaning in this Agreement as in the Code. [SIGNATURES FOLLOW THIS PAGE] Contract No. C48970 Docusign Envelope ID: 45FD5C52-7662-4854-A00E-0F1B3BC435EC 282 Contract No. C48970 Docusign Envelope ID: 45FD5C52-7662-4854-A00E-0F1B3BC435EC 283 6 EXHIBIT A Description of Personal Property Collateral (a)All personal property (including, without limitation, all goods, supplies, equipment, furniture, furnishings, fixtures, machinery, machine tools, motors, equipment controls, attachments, parts, inventory, and chemicals) in which Debtor now or hereafter acquires an interest or right, together with any interest of Debtor in and to personal property which is leased or subject to any superior security interest, and all books, records, leases and other agreements, documents, and instruments of whatever kind or character; (b)All fees, income, rents, issues, profits, earnings, receipts, royalties, and revenues which, after the date hereof and while any portion of the obligations of Debtor to Secured Party remains unpaid or unperformed, may accrue from such personal property or any part thereof, or which may be received or receivable by Debtor from any hiring, using, letting, leasing, subhiring, subletting, subleasing, occupancy, operation, or use thereof; (c)All of Debtor's present and future rights to receive payments of money, services, or property, accounts and other accounts receivable, deposit accounts, chattel paper, notes, drafts, contract rights, instruments, general intangibles, payment intangibles, and principal, interest and payments due on account of goods sold or leased, services rendered, loans made or credit extended, together with title to or interest in all agreements, documents, and instruments, evidencing, securing or guarantying the same; (d)Debtor's rights under all insurance policies covering any of the aforesaid collateral and all proceeds, loss payments, and premium refunds payable regarding the same; (e)All causes of action, claims, compensation, and recoveries for any damage to, destruction of, or condemnation or taking of any of the aforesaid collateral; and (f)All proceeds, increases, substitutions, replacements, additions, and accessions of the aforesaid collateral. Contract No. C48970 Docusign Envelope ID: 45FD5C52-7662-4854-A00E-0F1B3BC435EC 284 Contract No. C48970 AMENDMENT NO. 1 TO THE AGREEMENT FOR DISBURSEMENT AND USE OF FUNDS BETWEEN THE CITY OF PALM DESERT AND FINE QUALITY FOODS ON, INC. DBA PAPA DAN’S PIZZA AND PASTA 1. Parties and Date. This Amendment No. 1 (“Amendment”) to the Disbursement and Use of Funds is made and entered into as of June 30, 2025 by and between the City of Palm Desert, a municipal corporation organized and operating under the laws of the State of California (“City”), and Fine Quality Foods, Inc. dba Papa Dan’s Pizza and Pasta, a a Corporation with its principal place of business at 73011 Country Club Drive F-1, Palm Desert, CA 92270 (“Recipient”). City and Vendor are sometimes individually referred to as “Party” and collectively as “Parties .” 2. Recitals. The Parties entered into an agreement titled “Agreement for Disbursement and Use of Funds” dated February 27, 2025 (“Agreement”). 3. Terms. Amendment. The Agreement is hereby amended as follows: Section 5.a. The deadline for the Business to commence operations at the Property in such a manner as to generate sales tax is hereby amended to be September 1, 2025. The City Council or City Manager may in its sole and absolute discretion extend such deadline further in increments of one month, not-to-exceed January 1, 2026, by issuing Recipient a written letter executed by the City Manager setting forth the new deadline. : Section Amendment; Modification No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. Continuing Effect of Agreement. Except as amended by this Amendment, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the Parties under this Amendment. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment. 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. Severability. If any portion of this Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. Counterparts. This Amendment 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. 285 Contract No. C48970 [Signatures on Following Page] SIGNATURE PAGE TO THE AGREEMENT FOR DISBURSEMENT AND USE OF FUNDS BY AND BETWEEN THE CITY OF PALM DESERT AND FINE QUALITY FOODS, INC, DBA PAPA DAN’S PIZZA AND PASTA IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. Clerk QC: ________ CITY OF PALM DESERT FINE QUALITY FOODS, INC, DBA PAPA DAN’S PIZZA AND PASTA,A CORPORATION Owner, Papa Dan’s Pizza and Pasta 286 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 10, 2025 PREPARED BY: Jenavieve Alvarez, Management Aide, Information Technology SUBJECT: DECLARATION OF SURPLUS PROPERTY AND AUTHORIZATION OF DISPOSAL. RECOMMENDATION: Declare the items listed on Attachment 1 of this staff report as surplus property and authorize disposal as appropriate. BACKGROUND/ANALYSIS: All items on the attached equipment list are either broken or obsolete over a 5-year period. Therefore, staff is requesting City Council authorization to dispose of these items in accordance with Finance Policy FIN-009 and all pertinent federal and state laws and regulations. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: There is no fiscal impact associated with this item. ATTACHMENTS: 1. FY2024-25 Surplus Property List 287 288 Exhibit A - Surplus of Electronic Equipment & Other Items As of 6/09/2025 Computers Asset #Condition Destination Dell Latitude 5420 9698 Broken/obsolete e-wasted Dell Optiplex 7090 9708 Broken/obsolete e-wasted Dell Oplitplex 7090 9648 Broken/obsolete e-wasted Dell Oplitplex 7090 9649 Broken/obsolete e-wasted Dell Oplitplex 7090 9650 Broken/obsolete e-wasted Dell Oplitplex 7090 9651 Broken/obsolete e-wasted Dell Oplitplex 7090 9654 Broken/obsolete e-wasted Dell Optiplex 7080 Micro 9599 Broken/obsolete e-wasted Dell Precision 5820 9631 Broken/obsolete e-wasted Dell Oplitplex 7090 9656 Broken/obsolete e-wasted Dell Oplitplex 7090 9652 Broken/obsolete e-wasted Dell Optiplex 7090 Broken/obsolete e-wasted Dell Lattitude 5420 9768 Broken/obsolete e-wasted Dell Optiplex 7090 9709 Broken/obsolete e-wasted Dell Latitude 5420 9703 Broken/obsolete e-wasted Dell Optiplex 7080 Micro 9600 Broken/obsolete e-wasted Dell Latitude 5420 9704 Broken/obsolete e-wasted Dell Optiplex 7090 Micro 9741 Broken/obsolete e-wasted Dell Latitude 7520 9693 Broken/obsolete e-wasted Dell Latitude 5540 9699 Broken/obsolete e-wasted Dell Oplitplex 7090 9655 Broken/obsolete e-wasted Dell Lattitude 5420 laptop 9767 Broken/obsolete e-wasted Dell Optiplex 7070 Micro 9511 Broken/obsolete e-wasted IBM Thinkpad 9544 Broken/obsolete e-wasted IBM Thinkpad 9541 Broken/obsolete e-wasted IBM Thinkpad 9533 Broken/obsolete e-wasted IBM Thinkpad 9508 Broken/obsolete e-wasted IBM Thinkpad 9540 Broken/obsolete e-wasted IBM Thinkpad 9495 Broken/obsolete e-wasted IBM Thinkpad 9507 Broken/obsolete e-wasted Dell Optiplex 7060 9421 Broken/obsolete e-wasted IBM Thinkpad 9384 Broken/obsolete e-wasted Dell Opiplex 7070 9466 Broken/obsolete e-wasted IBM Thinkpad 9383 Broken/obsolete e-wasted IBM Thinkpad 9401 Broken/obsolete e-wasted IBM Thinkpad 9455 Broken/obsolete e-wasted Dell Optiplex 7070 Micro 9463 Broken/obsolete e-wasted IBM Thinkpad X380 9414 Broken/obsolete e-wasted IBM Thinkpad L390 9415 Broken/obsolete e-wasted Dell Optiplex 7070 Micro 9468 Broken/obsolete e-wasted Dell Optiplex 7070 Micro 9464 Broken/obsolete e-wasted Dell Optiplex 7070 Micro 9512 Broken/obsolete e-wasted 289 Dell Optiplex 7070 Micro 9558 Broken/obsolete e-wasted Dell Optiplex 7070 Micro 9521 Broken/obsolete e-wasted Dell Optiplex 7060 9416 Broken/obsolete e-wasted Dell Optiplex 7060 9425 Broken/obsolete e-wasted Dell Optiplex 7070 Micro 9509 Broken/obsolete e-wasted Dell Optiplex 7060 9423 Broken/obsolete e-wasted Dell Optiplex 7060 9420 Broken/obsolete e-wasted Dell Optiplex 7070 Micro 9523 Broken/obsolete e-wasted Dell Optiplex 3060 9445 Broken/obsolete e-wasted Dell Optiplex 3060 9448 Broken/obsolete e-wasted Dell Optiplex 7070 Micro 9514 Broken/obsolete e-wasted Dell XPS 8930 9391 Broken/obsolete e-wasted Dell Optiplex 7070 Micro 9520 Broken/obsolete e-wasted Dell Optiplex 7060 9418 Broken/obsolete e-wasted Dell Optiplex 7060 9320 Broken/obsolete e-wasted Dell Optiplex 7060 9424 Broken/obsolete e-wasted Dell Optiplex 7060 9323 Broken/obsolete e-wasted Dell Optiplex 3060 9293 Broken/obsolete e-wasted IBM Thinkpad 9299 Broken/obsolete e-wasted Dell Optiplex 3060 9296 Broken/obsolete e-wasted Dell Optiplex 3060 9295 Broken/obsolete e-wasted IBM Thinkpad 9539 Broken/obsolete e-wasted IBM Thinkpad 9532 Broken/obsolete e-wasted Dell Optiplex 7070 Micro 9517 Broken/obsolete e-wasted Dell Optiplex 7070 Micro 9513 Broken/obsolete e-wasted Dell Optiplex 7070 Micro 9514 Broken/obsolete e-wasted Dell Opitplex 3060 9431 Broken/obsolete e-wasted Dell Optiplex 3060 9452 Broken/obsolete e-wasted Dell Optiplex 3060 9306 Broken/obsolete e-wasted Dell Optiplex 7070 Micro 9519 Broken/obsolete e-wasted Dell Optiplex 7070 Micro 9562 Broken/obsolete e-wasted Dell Optiplex 7070 Micro 9518 Broken/obsolete e-wasted Dell Optiplex 3060 9305 Broken/obsolete e-wasted Dell Optiplex 3060 9308 Broken/obsolete e-wasted Dell Optiplex 7070 Micro 9465 Broken/obsolete e-wasted Dell Optiplex 7070 Micro 9515 Broken/obsolete e-wasted Dell Optiplex 3060 9294 Broken/obsolete e-wasted Dell Optiplex 3060 9254 Broken/obsolete e-wasted Dell Precision 5820 9125 Broken/obsolete e-wasted iPad Air 5th gen 9948 Broken/obsolete e-wasted Monitors/Other electorinics Asset #Condition Destination Multiple monitors no tags broken e-waste old cell phones no tags Broken/obsolete e-waste HP 400 8769 Broken/obsolete e-waste HP 600 8713 Broken/obsolete e-waste 290 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 10, 2025 PREPARED BY: Bertha A. Cepeda-Escobedo, Business Operations Manager SUBJECT: AUTHORIZE FUNDS FOR THE PURCHASE OF GURNEYS AND STAIR CHAIRS FROM STRYKER SALES CORPORATION RECOMMENDATION: 1. Authorize an additional $1,376 for the purchase of gurneys and stair chairs from Stryker Sales Corporation for a total purchase price of $236,647.87 in Fiscal Year 2024/25. 2. Authorize the purchase of gurneys and stair chairs from Stryker Sales Corporation for an amount not to exceed $118,244.70 in Fiscal Year 2025/26, plus a $5,000 contingency for unforeseen expenses. 3. Authorize the City Manager to execute any documents necessary to effectuate the actions taken herewith. BACKGROUND/ANALYSIS: The City’s Fire Services Division anticipates the ongoing need for gurney and stair chair replacements and outfitting as new medic units are added, existing unit s are remounted, and older equipment reaches end-of-life due to normal wear and heavy usage. In accordance with our contract, the City is responsible for these purchases." To ensure uninterrupted emergency medical services and operational efficiency, staf f program an annual allocation for these critical equipment needs. This strategy will:  Align with scheduled vehicle replacements and remounts  Minimize delays in emergency response readiness due to equipment incompatibility  Allow bulk purchasing to improve pricing and reduce the administrative burden  Ensure compliance with current safety and operational standards Discussion On December 11, 2024, the City Manager approved the purchase of Stryker gurneys, stair chairs, and related medical equipment in the amount of $235,647.87 for outfitting of Medic 102, as well as remounts of Medics 233 and 271. The purchase was made through Stryker Sales Corporation, the manufacturer of gurneys and cots currently in use across all City -operated ambulances. Stryker equipment is designed to meet Riverside County Fire Department standards and integrates seamlessly with the City’s existing ambulance mounting systems, electrical connections, and loading mechanisms. Procuring equipment from another manufacturer would require significant retrofitting, increasing both cost and downtime. 291 City of Palm Desert Approve Additional Funds for Stryker Gurneys and Chairs Page 2 of 2 Staff explored third-party procurement options but found that alternative vendors only serve as resellers, offering the same equipment at higher prices due to markups. Therefore, direct procurement from Stryker remains the most cost-effective and operationally sound approach. All equipment has been delivered and invoiced. However, due to the implementation of Measure G (effective April 1, 2025), the final invoice included an additional $1,376 in sales tax. In addition, the City recently entered into a preventive maintenance agreement with Stryker. When combined with the equipment purchase, this exceeds the City Manager’s aggregate purchasing authority with a single vendor, necessitating City Council approval. Staff also request authorization to proceed with the programmed Fiscal Year 2025/26 purchase of Stryker equipment. A quote was received in the amount of $118,244.70 which includes applicable trade-in credits, freight, and 8.75% sales tax. Staff request approval to include a $5,000 contingency for unforeseen costs: a total of $123,244.70. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: The Public Works Department Capital Improvement Project (CIP) List for Fiscal Year 2025/26 includes funds under Account No. 5304220 -4403000 for the purchase of Stryker equipment; therefore, there is no additional financial impact to the general fund with this action. The table below illustrates the funding and costs of the Stryker equipment: Equipment / Account Budget Expenses Balance FY 23/24 CIP 534220-4403000 $250,000 Stryker Gurney / Stair Chairs $235,647.87 *Additional Funds $1,376.00 Proposed FY 25/26 CIP 5304220-4403000 $175,000 *FY 25/26 Stryker Equipment $118,244.70 *FY 25/26 Equipment – Contingency $5,000.00 Totals $400,000 $365,268.57 $34,731.43 *Current Request Any remaining funds will be reallocated towards the purchase of other emergency medical equipment. ATTACHMENTS: 1. FY 24/25 Stryker Quote 11021567 2. FY 24/25 Stryker Quote 11026195 3. FY 25/26 Stryker Quote 11044805 292 293 294 295 296 297 298 299 300 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 10, 2025 PREPARED BY: David Reyes Jr, Public Works Superintendent SUBJECT: APPROVE CHANGE ORDER NO. 2 TO CONTRACT C45130 WITH M & M SWEEPING, INC., FOR STREET AND PARKING LOT SWEEPING SERVICES (PROJECT NO. MST00010) RECOMMENDATION: 1. Approve Change Order No. 2 to Contract C45130 with M&M Sweeping, Inc., for Citywide Street Sweeping Services, in the amount of $10,800, increasing the total annual amount to $252,000 per fiscal year, subject to a Services Price Increase. 2. Authorize the City attorney to make non-monetary changes to the agreement and change order. 3. Authorize City Manager to execute change orders, the two extension amendments, and any documents necessary to effectuate the actions taken herewith. BACKGROUND/ANALYSIS: The City of Palm Desert’s Public Works Citywide Street Sweep ing Services Program includes scheduled commercial and residential street sweeping, as well as sweeping of City -owned parking lots. These services are essential for maintaining public cleanliness and for regulatory compliance. Under the National Pollutant Discharge Elimination System (NPDES) permit, as mandated by the Federal Clean Water Act, municipalities are required to implement Best Management Practices (BMPs) that reduce pollutants and litter accumulation in stormwater runoff. In addition, the South Coast Air Quality Management District (SCAQMD) requires the removal of sediment from public roadways to reduce airborne particulate matter. Street sweeping is recognized as one of the most effective methods to meet both water and air quality regulatory requirements. Discussion On April 27, 2023, the City Council approved Contract No. C45130 with M&M Sweeping, Inc., for citywide street sweeping services in the annual amount of $230,917, for a three -year term with the option of two one-year extensions. At the same meeting, an additional $25,000 annually was authorized for extra sweeping services. In Fiscal Year 2024/25, Change Order No. 1 was administratively approved by the City Manager to incorporate a 4.5% Services Price Increase, raising the annual contract amount to $241,200. For Fiscal Year 2025/26, M&M Sweeping, Inc., has submitted a request for an additional 4.5% Services Price Increase adjustment, citing ongoing cost increases due to the following factors:  Parts & Supplies: Rising prices driven by tariffs and supply chain disruptions 301 City of Palm Desert Approve Change Order No. 2 to Contract C45130 Page 2 of 2  Insurance: Notable increases in commercial auto and liability insurance premiums  Labor Market: Higher wages and staffing shortages due to a competitive labor market  Equipment Maintenance: Significant increases in costs for equipment repairs and maintenance These escalating operational expenses are affecting the contractor’s ability to maintain service levels under the current contract terms. Staff reviewed the request and determined it to be reasonable. As such, staff recommend approving the requested Services Price Increase adjustment, resulting in a revised annual contract total of $252,000, as outlined in M&M Sweeping, Inc.’s price increase request, and maintaining the annual amount of $25,000 for additional street sweeping services. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: The Public Works operating budget for Fiscal Year 2025/26 includes adequate funding for street and parking lot sweeping services. The revised contract total, including provisions for extra sweeping as needed, is $277,000. Therefore, there is no additional impact to the general fund as a result of this action. The following table illustrates the contract’s budget and expenses: Street Sweeping Accounts Budget Contract Costs Balance Streets - 1104310-4332000 $210,000 $208,220 Street (Extras) – 1104310-4332000 $25,000 $25,000 Corp yard - 1104330-4331000 $5,000 $4,450 Civic Center - 1104610-4332100 $10,000 $10,000 Parks - 1104611-4332501 $8,500 $8,050 Entrada del Paseo - 1104614-4392101 $5,000 $3,230 Aquatic Center - 2424549-4331100 $5,000 $2,330 PP E/W - 2774373-4309103 $8,000 $7,770 PP III - 2824373-4309103 $5,000 $5,500 Parkview - 5104195-4369601 $2,500 $2,450 Totals $284,000 $277,000 $7,000 ATTACHMENTS: 1. Change Order No. 2 2. Services Price Increase Letter 302 CITY OF PALM DESERT CONTRACT CHANGE ORDER Justification: YES NO Description of Changes Decrease In Contract Price Increase In Contract Price Totals: Net Change in Contract Price: Original Contract Amount: + Contingency: + Total Budget Amount: Less: Expend. / Encumb. To Date: - Less: This Change Order Amount: - Remaining for Project: Contingency: + Less: Prior Change Order(s): - Less: This Change Order: - Remaining of Contingency: __________________________________________________________ dollars and ___/100 (___________) Revised Contract Total: ___________________________ Contractor s hall c onstruct, furnish all supervision, labor, services, equipment, and materials, and perform all work necessary or required to fully complete the changes to the Contract described in this Change Order for the amount agreed upon between the Contractor and the City of Palm Desert (“City”). Contract Purpose: Contractor Name: Contract No / P.O. #: Change Order No.: Contingency: Account No.: Project No.: Vendor No.: YES NO Project Manager: This Change Order is hereby executed on: C45130 New 2 4 Various MST00010 V0001313 Citywide Street Sweeping Services M&M Sweeping, Inc. David Reyes, Jr. July 10, 2025 CPI Increase 4.5%$ 10,800.00 $ 0.00 $ 10,800.00 $ 10,800.00 $ 10,800.00 $ 10,800.00 Consumer Price Index (CPI) increase of approximately 4.5% due to escalating operational expenses. $ 230,917.00 $ 230,917.00 $ 241,200.00 -$ 21,083.00 $ 10,283.00 -$ 21,083.00 The amount of the contract will be increased by the sum of: Twenty One Thousand Eighty Three 00 $ 21,083.00 $ 252,000.00 303 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:______________________ Interim City Manager NOTE: No payments will be made prior to City Manager or Council approval QC: _____ C45130 2 N/A 304 305 306 Page 1 of 4 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 10, 2025 PREPARED BY: Shawn Muir, Community Services Manager Kevin Swartz, Project Manager SUBJECT: APPROVE CONSTRUCTION TASK ORDER AND FURNITURE CHANGE ORDER FOR CITY HALL OFFICE SPACE IMPROVEMENTS – PHASE THREE (PROJECT NO. SFA00006) RECOMMENDATION: 1. Authorize the City Manager to approve Task Orders under Contract No. C44620 for Office Space Improvements - Phase Three, in an aggregate amount not-to-exceed $800,000 in Fiscal Year 2025/26. 2. Authorize the City Manager to approve a Change Order to Quality Office Furnishings Contract No. A48790, for the purchase of additional cubicles in an amount not-to-exceed $50,000 for various departments. 3. Authorize the City Attorney to make necessary non -monetary changes to the agreement. 4. Authorize the City Manager to execute the task orders and documents necessary to effectuate these actions. BACKGROUND/ANALYSIS: Palm Desert City Hall is a 45,000-square-foot facility constructed in 1983. At the time of construction, it was equipped with new furniture, fixtures, and equipment to meet applicable safety standards and support a functional work environment. By Fiscal Year 2007 /08, nearly 25 years later, the City began replacing aging cubicle systems due to general wear and the unavailability of replacement parts. Since that time, Facilities staff have continued to face challenges in maintaining these outdated systems, including retrofitting for modern electrical and data needs and salvaging components from other units to maintain operability. As a result, a comprehensive phased approach began in 2020, supported by a total budget of $3.98 million from the Capital Improvement Building Maintenance Fund. This effort focused on enhancing the customer experience in the Development Services Lobby and replacing aging cubicles with a standardized workstation system. In addition, the employee break room was renovated in 2025. While not part of the original phased project, the renovation was completed at a cost of $308,853.82 through the Civic Center Complex Improvements Project under Account No. 4504161-4400100, Cap-Building Maintenance. A detailed breakdown of the three project phases is provided below. PHASE ONE: Completed Improvements 307 City of Palm Desert City Hall Office Space Improvements – Phase Three Page 2 of 4 In FY 2020/21, the City Council approved improvements to the Development Services lobby and adjacent administrative areas. The goal was to enhance customer experience, modernize workspaces, and promote safety and efficiency for both the public and staff. Phase One, focused on the renovation of the Development Services lobby and adjacent areas, was completed on September 20, 2023, at a total cost of $2,010,684. Following Phase One, the city staff conducted a comprehensive space planning review to evaluate departmental layout, improve service delivery, and ensure long -term alignment with operational needs. The review concluded that the remaining cubicle systems throughout City Hall had exceeded their useful life. Goals for Future Phases:  Realign staff workspaces for operational efficiency  Standardize cubicle systems across departments  Address safety and functionality concerns PHASE TWO: Recently Completed On December 14, 2023, the City Council approved Phase Two of the project with a budget of $560,840. This phase addressed upgrades for the following departments:  Public Works  Capital Projects  Development Services (Planning, Code Compliance, Land Development, Building & Safety, and Permit Center)  Economic Development Phase Two Scope of Work:  Installation of new cubicles with updated electrical/data infrastructure  New carpeting  Interior painting of offices, conference rooms, and common areas  Furniture relocation  Minor wall demolition and construction of new offices  Concrete removal and floor leveling Phase Two was completed in Fiscal Year 2024/25. PHASE THREE: Proposed Scope and Budget Staff are requesting approval to proceed with Phase Three, and upgrade the following remaining areas of the entire project:  City Manager’s Office area  Human Resources  Finance  Information Technology  Former Special Programs Office  Administrative Conference Room 308 City of Palm Desert City Hall Office Space Improvements – Phase Three Page 3 of 4  North Wing Conference Room, Hub, and Kitchen Phase Three Scope of Work:  Installation of new cubicles with updated electrical and data infrastructure  New carpeting and tile  Interior painting (offices, conference rooms, and common areas)  Furniture relocation  Minor wall demolition  New casework (cabinets), including the North Wing kitchen  Construction of new offices  Concrete removal and floor leveling Cubicles for this Phase Three have been procured separately under Contract No. A48790 in the amount of $122,032.78. Additional Cubicles (Not-To-Exceed $50,000)  Code Compliance  Traffic Division  City Manager Admin  Public Works The construction portion of Phase Three is estimated at $650,000–$800,000. A Request for Proposals (RFP) was issued on May 8, 2025, to four vendors under Facilities Repairs and Improvements Contract No. C44620. A job walk was conducted on May 15, 2025, with three firms in attendance. Two proposals were received —$650,000 and $950,000, respectively. On June 26, 2025, the City Council awarded eight new contracts under the Facilities Repairs and Improvements Program under Contract No. C44620. Should Phase Three be approved, a new RFP will be issued to both existing and newly awarded contractors to ensure competitive pricing. Project Timeline and Funding Request Pending Council approval, construction is anticipated to begin in August or September 2025, with completion expected by February 2026, subject to material availability. Staff requests City Council authorization for an amount not-to-exceed $800,000. Staff also requests approval for the purchase of additional cubicles in an amount not-to-exceed $50,000 from Quality Office Furnishings that have been requested for various departments. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: Funds for Office Space Improvements - Phase Three were included in the approved Capital Improvement Project (CIP) List for Fiscal Year 2025/26 under Account No. 4504164-4400100, 309 City of Palm Desert City Hall Office Space Improvements – Phase Three Page 4 of 4 Cap-Building Maintenance; therefore, there is no additional financial impact to the General Fund as a result of this action. The following table illustrates the total budget and costs of the project: Account / Building CC Mtg Budget Expenditures Balance FY 2021/22 Acct #4504161-4400100 $50,000 Phase One – Design/Holt Architects $32,350 Appropriation 11/18/2021 $100,000 Phase One - DS Lobby Reno Design/Build 11/18/2021 $950,000 Phase One – DS Lobby Reno Contingency 11/18/2021 $100,000 FY 2022/23 Acct #4504161-4400100 $1,000,000 Appropriation 07/14/2022 $1,168,341 Phase One - DS Lobby Reno CO#1 07/14/2022 $1,168,341 Reallocated Funds 12/14/2023 $560,841 Phase Two - Cubicles 12/14/2023 $311,052 Phase Two – Office Improvements 12/14/2023 $370,278 FY 2024/25 Acct 4504164-4400100 $1,100,000 Employee Break Room Improvements 12/18/2024 $310,000 $308,854 Phase Three - Cubicles 01/08/2025 $122,033 **Phase Three – Cubicles Change Order 07/10/2025 $50,000 **Phase Three – Construction 07/10/2025 $800,000 Totals $4,289,182 $4,212,908 $76,274 **Current Request ATTACHMENTS: 1. Contract No. A48790 2. City Hall Phase Three Space Plan 310 Contract No. A48790 1 Revised 01-2024 CITY OF PALM DESERT GOODS AND EQUIPMENT PURCHASE AGREEMENT OFFICE SPACE IMPROVEMENTS PHASE 3 - FURNITURE This Goods and Equipment Purchase Agreement (“Agreement”) is made and entered into this 8th day of January 2025, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, (“City”) and Quality Office Furnishings, Inc. a Corporation, with its principal place of business at 23825 Via Del Rio, Yorba Linda, CA, 92877 ("Supplier"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." Section 1. Definitions/Cooperative Procurement. A. Definitions. 1. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor, or other services, including design, engineering, and installation services, provided by Supplier as specified in Exhibit “A”, attached hereto and incorporated herein by reference. 2. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to the City, ready for approval, testing and/or use as specified in Exhibit “B.” B. Cooperative Procurement. This Agreement is entered into pursuant to City of Palm Desert Municipal Code section 3.30.160, which authorizes participation with other governmental agencies who have, through a bidding process, determined to award or purchase goods and/or services from Supplier. 1. Program. The purchase has been made through a REQUEST FOR PROPOSAL, a program for the procurement of goods and services for governmental agencies. Documents related to the procurement of this Agreement shall be made available to City upon request. 2. Reserved. Section 2. Materials And Workmanship. When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without the City’s written approval. Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, the City will decide the question of equality. When requested by the City, Supplier will furnish the City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment, and material to be incorporated in the Goods. Material samples will be submitted at the City’s request. Section 3. Inspections And Tests. The City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 311 Contract No. A48790 2 Revised 01-2024 unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, the City may reject the Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair the City’s right to reject nonconforming goods, irrespective of the City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof. Section 4. Warranty. A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by the City as required for final payment under Section 7. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards. B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. The City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B. C. For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will, immediately after receiving notice from the City, at the option of the City, and at Supplier’s own expense and without cost to the City: 1. Repair the defective Goods; 2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or 3. Repay to City the purchase price of the defective Goods. If City selects repair or replacement, any defects will be remedied without cost to the City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to the City. D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold the City and their officials, officers, employees, volunteers, representatives and agents harmless against any and all third-party claims resulting from the breach or inaccuracy of any of the foregoing warranties. E. In the event of a breach by Supplier of its obligations under this Section 4, the City will not be limited to the remedies set forth in this Section 4, but will have all the rights and Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 312 Contract No. A48790 3 Revised 01-2024 remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to the City under the California Commercial Code. Section 5. Prices. Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by the City’s authorized representative. The total price shall include (i) all federal, state, and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to the City hereunder; and (ii) all charges for packing, freight and transportation to destination. Section 6. Changes. City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between the City and Supplier and such change will be authorized by a change order document signed by the City and accepted by Supplier. Section 7. Payments. A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods. B. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Milestones are met. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “B.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by the City in advance of the first invoice cycle. C. Payments otherwise due may be withheld by the City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect the City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, the City may remove them at Supplier’s expense. D. Payment of the final Progress Milestone payment or any retention will be made by City upon: Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 313 Contract No. A48790 4 Revised 01-2024 1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone; 2. Written acceptance of the Goods by the City; 3. Delivery of all drawings and specifications, if required by City; 4. Delivery of executed full releases of any and all liens arising out of this Agreement; and 5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full. If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to the City to indemnify City against any claim or lien at no cost to the City. E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against the City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. Section 8. Schedule For Delivery. A. The time of Supplier’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify the City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights the City may have under this Agreement or at law, Supplier shall pay City the sum of $250.00 per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.” B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that the City can maximize the efficient completion of such project(s). Section 9. Taxes. A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement. B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld. Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 314 Contract No. A48790 5 Revised 01-2024 C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier. D. Supplier will, upon written request, submit to the City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder. Section 10. Independent Contractor. Supplier enters into this Agreement as an independent contractor and not as an employee of the City. Supplier shall have no power or authority by this Agreement to bind the City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors, or subcontractors hired or retained by the Supplier are employees, agents, contractors, or subcontractors of the Supplier and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement. Section 11. Subcontracts. Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section 14.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to the City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City. Section 12. Title And Risk Of Loss. Unless otherwise agreed, the City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of the City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then the City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods, but which does not become a part of the Goods. Section 13. Indemnification. A. Supplier shall defend, indemnify and hold the City of Palm Desert (“City”), and their officials, officers, employees, volunteers, representatives and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 315 Contract No. A48790 6 Revised 01-2024 incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors, and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City. B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, and their officials, officers, employees, agents, representatives or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against the City or its officials, officers, employees, agents, representatives, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse the City and their officials, officers, employees, agents, representatives and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, and their officials, officers, employees, agents, representatives, or volunteers. Section 14. Insurance. A. General. Supplier shall take out and maintain: 1. Commercial General Liability Insurance, of at least $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01; 2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto); 3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and 4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials. 5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000. B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The policies required under this Section shall give the City, and their officials, officers, employees, agents, representatives, or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City, or any additional insureds shall not be called upon to contribute to any loss and shall contain or be endorsed with a waiver of subrogation in favor of the City, and their officials, officers, employees, agents, representatives, and volunteers. The Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 316 Contract No. A48790 7 Revised 01-2024 limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement. C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. D. Evidence of Insurance. Supplier shall furnish the City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods. Section 15. Liens. A. Supplier, subcontractors and any other suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and any other suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and any other suppliers agree that this provision waiving the right of Claims will be an independent covenant. B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims. Section 16. Termination Of Agreement By City. A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, the City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event the City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools, and appliances and exercise all rights, Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 317 Contract No. A48790 8 Revised 01-2024 options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City. B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which the City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated. C. On receipt of notice under Section 16.B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise, 1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods, 2. Unless otherwise directed by the City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and 3. Deliver only such portions of the Goods which the City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site. D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that the City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C. Section 17. Force Majeure A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event. B. 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 occurring at the project site; (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 work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. 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 the City in its capacity as a municipal authority. Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 318 Contract No. A48790 9 Revised 01-2024 C. In the event of any such excused interference with shipments, the City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement. Section 18. Miscellaneous Provisions. A. 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: Supplier: Quality Office Furnishings, Inc. 23825 Via Del Rio Yorba Linda, CA 92887 ATTN: Kandee Mathews City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 ATTN: Ryan Lamb, Capital Projects 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. B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City. C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. E. 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. F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees. Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 319 Contract No. A48790 10 Revised 01-2024 H. Interpretation. 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. I. No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. J. Authority to Enter 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. K. 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. L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods. N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing. [SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 320 Contract No. A48790 11 Revised 01-2024 SIGNATURE PAGE TO GOODS AND EQUIPMENT PURCHASE AGREEMENT BETWEEN THE CITY OF PALM DESERT AND QUALITY OFFICE FURNISHINGS, INC. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written. CITY OF PALM DESERT By: L. Todd Hileman City Manager Attest: By: Anthony J. Mejia City Clerk Approved as to form: By: Isra Shah Best Best & Krieger LLP QUALITY OFFICE FURNISHINGS, INC., A CORPORATION By: Kandee Mathews President C.E.O. By: Jason Sullivan Vice President City Clerk QC: Contracts QC: _____ Insurance: _____ Initial Review _____ Final Approval Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 321 Contract No. A48790 Exhibit “A” Revised 01-2024 Exhibit A Goods Specifications Exhibit A-1: City Manager Office & Human Resources Exhibit A-2: City Manager Wardrobe Exhibit A-3: Finance Exhibit A-4: North Wing Hub & IT Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 322 A- 3 . 1 4 1 4 1 4 141 4141 KEY#150 KEY#151 KEY#152 AD A 23825 Via Del Rio Yorba Linda, Ca 92887 P: 714.278.9801 www.qualityofficefurn.com PROJECT: City of Palm Desert | 73510 Fred Waring Dr. | Palm Desert | CA, 92260 Description: South Wing | PHASE 1 2679-CPD_WIP3.cmdrw 1/2 PHASE 1 NOTE: Starting with Key#150 10/29/2024 Abril Reyes Project #: Kandee Mathews Designer: Plot Date: Approved By: Page:Sales: EXHIBIT A-1 Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 323 3' - 6 " 4 141 24 / 4 8 48 / 6 5 24/42 CS 24/48 48 / 6 5 18x30x28 48 / 4 2 48 48 / 4 2 48/42 36/42 BB F KEY#152 48/ 2 4 15 / 4 8 15 / 4 8 VH30 IVH30 S4 8 S4 8 2' - 6 " 6' - 8 " 4' - 2 " 5' - 5 " 1' - 3 " 6' - 8 " 4 1 4 1 48/50 24 / 4 8 42 / 8 0 36 / 6 5 BBF 24/48 18 x 3 0 x 2 8 48 24 / 6 5 48/50 48 / 6 5 48 / 6 5 KEY#151 48/ 2 4 G48 G48 KEY#150 KEY#151 KEY#152 AD A PROJECT: City of Palm Desert | 73510 Fred Waring Dr. | Palm Desert | CA, 92260 23825 Via Del Rio Yorba Linda, Ca 92887 P: 714.278.9801 www.qualityofficefurn.com Description: South Wing | PHASE 1 Abril Reyes 2679-CPD_WIP3.cmdrw Panel Height with Fabric Stacker 2/2 PHASE 1 10/29/2024 Panel Height with Glass Stacker Panel Height Reception Page: Kandee Mathews Project #: Plot Date: Sales: Approved By: Designer: Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 324 24 " 36" PROJECT: CITY OF PALM DESERT Option B (3) adj/removable shelves, & (2) fixed. Removable coat rod. 23825 Via Del Rio Yorba Linda, Ca 92887 P: 714.278.9801 www.qualityofficefurn.com Description: Wardrobe Storage 2745-CPD_WIP1.cmdrw 11/15/2024 Keshia Willett1/5Plot Date: 67"H Kandee Mathews Sales: Project #: Page: Approved By: Designer: EXHIBIT A-2 Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 325 23825 Via Del Rio Yorba Linda, Ca 92887 P: 714.278.9801 www.qualityofficefurn.com PROJECT: CITY OF PALM DESERT Description: Wardrobe Storage Keshia Willett11/15/2024 2/5 2745-CPD_WIP1.cmdrw Kandee Mathews Approved By:Project #: Plot Date: Page:Designer:Sales: Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 326 23825 Via Del Rio Yorba Linda, Ca 92887 P: 714.278.9801 www.qualityofficefurn.com PROJECT: CITY OF PALM DESERT Description: Wardrobe Storage Keshia Willett3/511/15/2024 2745-CPD_WIP1.cmdrwApproved By: Sales: Project #: Plot Date: Designer:Page: Kandee Mathews Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 327 PROJECT: CITY OF PALM DESERT 23825 Via Del Rio Yorba Linda, Ca 92887 P: 714.278.9801 www.qualityofficefurn.com Description: Wardrobe Storage Keshia Willett4/511/15/2024 2745-CPD_WIP1.cmdrw Kandee Mathews Page: Approved By: Sales:Designer: Project #: Plot Date: Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 328 23825 Via Del Rio Yorba Linda, Ca 92887 P: 714.278.9801 www.qualityofficefurn.com CINDER PLATINUM METALLICSATIN NICKEL PROJECT: CITY OF PALM DESERT SILVER PEARL Description: Wardrobe Storage 5/5 Keshia Willett11/15/2024 2745-CPD_WIP1.cmdrw Sales: Kandee Mathews Project #:Approved By: Designer: Plot Date: Page: Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 329 1 4 1 4 1 4 1 4 1 4 1 4 4 1 4 1 4 1 4 1 44 22 44 22 2 222 44 4 444 22 2222 4444 2222 44 44 2 222 4444 2 222 AD A KEY#158 KEY#162 KEY#161 KEY#167 AD A ADA KEY#163 KEY#159 KEY#155 KEY#169 KEY#164 KEY#156 KEY#165 KEY#166 KEY#157 KEY#168 KEY#154 KEY#160 KEY#153 5'-9" 7'-5" 5'-1" PROJECT: City of Palm Desert | 73510 Fred Waring Dr. | Palm Desert | CA, 92260 23825 Via Del Rio Yorba Linda, Ca 92887 P: 714.278.9801 www.qualityofficefurn.com Description: North Wing | PHASE 3 Abril Reyes10/29/2024 PHASE 3 1/4 2756-CPD_WIP1.cmdrw Page: Project #: Sales: Kandee MathewsPlot Date: Approved By: Designer: EXHIBIT A-3 Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 330 5' - 5 " 6' - 8 " 1' - 3 " 2 222 44 4 444 22 2222 4444 2222 44 44 2 222 4444 2 222 4 1 4 1 24 / 4 8 48 24/48 48 18 x 3 0 x 2 8 BBF 24 / 4 8 18 x 3 0 x 2 8 18 x 3 0 x 2 8 24/48 18 x 3 0 x 2 8 24/48 BBF 24 / 4 8 18x30x28 24 / 4 8 48 18 x 3 0 x 2 8 BBF 48 48 BBF 48 24 / 4 8 24/48 48 24/48 18 x 3 0 x 2 8 18 x 3 0 x 2 8 48 24/48 BBF 24 / 4 8 18 x 3 0 x 2 8 24/48 48 BBF 48 48 48 24/48 BBF 24 / 4 8 48 BB F BBF BBF 18 x 3 0 x 2 8 24/48 48 48 24 / 4 8 48 48 24 / 4 8 24/48 24/48 24 / 4 8 24 / 4 8 48 BBF 18 x 3 0 x 2 8 KEY#156 KEY#162 KEY#161 KEY#157 KEY#163 KEY#159 KEY#155KEY#160 KEY#158 KEY#154 KEY#153 48/2 4 48/2 4 48/2 4 48/2 4 48/2 4 48/2 4 48/2 4 48/2 4 48/2 4 48/2 4 48/2 4 48 48 5'-9" 7'-5" 2' - 6 " 6' - 8 " 4' - 2 " AD A KEY#158 KEY#162 KEY#161 KEY#167 AD A ADA KEY#163 KEY#159 KEY#155 KEY#169 KEY#164 KEY#156 KEY#165 KEY#166 KEY#157 KEY#168 KEY#154 KEY#160 KEY#153 5'-9" 7'-5" 5'-1" PROJECT: City of Palm Desert | 73510 Fred Waring Dr. | Palm Desert | CA, 92260 23825 Via Del Rio Yorba Linda, Ca 92887 P: 714.278.9801 www.qualityofficefurn.com Description: North Wing | PHASE 3 Abril Reyes GLASS STACKER Panel Height with Glass Stacker Panel Height with Fabric Stacker 10/29/2024 2756-CPD_WIP1.cmdrw **POWER POLES** 2/4 PHASE 3 Inside View Project #: Plot Date:Kandee Mathews Page:Designer:Sales: Approved By: Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 331 44 22 44 22 24/48 48 18x30x28 BB F 24 / 2 4 24/48 48 18x30x28 BB F 24 / 2 4 KEY#164 AD A KEY#165 48/ 2 4 48/ 2 4 24 24 5' - 5 " 6' - 8 " 1' - 3 " AD A KEY#158 KEY#162 KEY#161 KEY#167 AD A ADA KEY#163 KEY#159 KEY#155 KEY#169 KEY#164 KEY#156 KEY#165 KEY#166 KEY#157 KEY#168 KEY#154 KEY#160 KEY#153 5'-9" 7'-5" 5'-1" PROJECT: City of Palm Desert | 73510 Fred Waring Dr. | Palm Desert | CA, 92260 23825 Via Del Rio Yorba Linda, Ca 92887 P: 714.278.9801 www.qualityofficefurn.com Description: North Wing | PHASE 3 PHASE 3 Inside View 10/29/2024 Panel Height with Fabric Stacker 2756-CPD_WIP1.cmdrw Abril Reyes3/4 Page:Designer: Kandee Mathews Sales: Project #: Plot Date: Approved By: Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 332 PROJECT: City of Palm Desert | 73510 Fred Waring Dr. | Palm Desert | CA, 92260 23825 Via Del Rio Yorba Linda, Ca 92887 P: 714.278.9801 www.qualityofficefurn.com Description: FINISHES 4/4 Laminate Finish: Kingswood Walnut 10/29/2024 Panel Fabric: Centurion Fog Abril Reyes Panel, Storage Paint: Light Gray 2756-CPD_WIP1.cmdrwProject #: Kandee Mathews Page:Sales:Designer: Plot Date: Approved By: Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 333 4 1 4 1 44 22 44 22 1 4 1 4 1 4 1 4 1 4 1 4 4 1 4 1 2222 4444 4444 2222 4444 2 222 2 222 4 444 22 44 2 222 KEY#169 AD A KEY#166 KEY#157 KEY#167 KEY#165 KEY#162 AD A ADA KEY#155 KEY#154 KEY#161 KEY#153 KEY#156 KEY#158 KEY#159 KEY#164 KEY#163 KEY#168 KEY#160 5' - 7 " 5'-1" 5'-9" 7'-5" 23825 Via Del Rio Yorba Linda, Ca 92887 P: 714.278.9801 www.qualityofficefurn.com PROJECT: City of Palm Desert | 73510 Fred Waring Dr. | Palm Desert | CA, 92260 Description: North Wing | PHASE 4 Abril Reyes10/29/2024 1/3 PHASE 4 2757-CPD_WIP1.cmdrw Page:Designer: Plot Date: Approved By: Sales: Project #: Kandee Mathews EXHIBIT A-4 Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 334 5' - 5 " 1' - 3 " 6' - 8 " KEY#169 AD A KEY#166 KEY#157 KEY#167 KEY#165 KEY#162 AD A ADA KEY#155 KEY#154 KEY#161 KEY#153 KEY#156 KEY#158 KEY#159 KEY#164 KEY#163 KEY#168 KEY#160 5'- 7 " 5'-1" 5'-9" 7'-5" 44 1 4 1 4 1 4 1 4 1 4 1 4 4 1 4 1 48 48 24/48 24/48 24 / 4 8 18 x 3 0 x 2 8 48 18 x 3 0 x 2 8 48 BBF BBF 24 / 4 8 18 x 3 0 x 2 8 18 x 3 0 x 2 8 24 / 4 8 48 48 BBF BBF 24/48 48 48 24 / 4 8 24/48 KEY#169 KEY#167 KEY#168 KEY#166 48/2 4 48/ 2 4 48/2 4 48/2 4 5'-1" 23825 Via Del Rio Yorba Linda, Ca 92887 P: 714.278.9801 www.qualityofficefurn.com PROJECT: City of Palm Desert | 73510 Fred Waring Dr. | Palm Desert | CA, 92260 Description: North Wing | PHASE 4 2757-CPD_WIP1.cmdrw 2/310/29/2024 Abril Reyes Panel Height with Fabric Stacker Inside ViewPHASE 4 Designer: Kandee Mathews Sales:Page: Project #:Approved By: Plot Date: Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 335 23825 Via Del Rio Yorba Linda, Ca 92887 P: 714.278.9801 www.qualityofficefurn.com PROJECT: City of Palm Desert | 73510 Fred Waring Dr. | Palm Desert | CA, 92260 Description: FINISHES 3/3 Panel, Storage Paint: Light Gray 10/29/2024 Panel Fabric: Centurion Fog Laminate Finish: Kingswood Walnut 2757-CPD_WIP1.cmdrw Abril ReyesPlot Date: Page:Designer: Project #:Approved By: Kandee Mathews Sales: Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 336 Contract No. A48790 Exhibit “B” Revised 01-2024 Exhibit B Delivery Schedule (Dates subject to change upon City approval) 3/31/25 – 3/31/25 Phase 1: 2679-CPD_City Manager Office & Human Resources 3/31/25 – 3/31/25 Phase 1: 2745-CPD_City Manager Wardrobe N/A Phase 2: Construction work only 6/4/25 – 6/5/25 Phase 3: 2756-CDP_Finance 7/10/25 – 7/11/25 Phase 4: 2757-CPD_North Wing Hub & IT Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 337 Contract No. A48790 Exhibit “C” Revised 01-2024 Exhibit C Fee Schedule Exhibit C-1: 2679-CPD_City Manager Offices & Human Resources $ 17,843.31 Exhibit C-2: 2745-CPD_City Manager Wardrobe $ 1,840.60 Exhibit C-3: 2756-CDP_Finance $ 75,827.15 Exhibit C-4: 2757-CPD_North Wing Hub & IT $ 26,521.72 Total $122,032.78 Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 338 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2679-CPD Kandee Mathews Net 30 PRESENTED TO: Accounts Payable CITY OF PALM DESERT 73510 Fred Waring Drive Palm Desert, CA 92260-2524 appw@palmdesert.gov Project Name / Location - TAG PHASE 1 WORKSTATIONS RFQ / BID # PER REQUEST RYAN LAMB DELIVERY / INSTALLATION LOCATION: Ryan Lamb CITY OF PALM DESERT 73510 Fred Waring Drive Palm Desert, CA 92260-2524 PH: 760-776-6416 C: 760-832-3035 rlamb@palmdesert.gov ESTIMATED LEAD TIME 6 WEEKS ARO PROJECTED INSTALL PER SCHEDULE (TBD) REVISION # WIP 3 DESIGNER Abril Reyes LABOR TYPE PREVAILING ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE 1.00 Hon HETP4224FP $(A) .CU 03 $(P1) .Q TACKABLE PANEL W/O TC 42.5H X 24W $(A) = Grd A Fabric .CU = Centurion 03 = Fog $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 150 $ 102.51 $ 102.511 3.00 Hon HETP6548FP $(A) .CU 03 $(P1) .Q TACKABLE PANEL W/O TC 65H X 48W $(A) = Grd A Fabric .CU = Centurion 03 = Fog $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 150 $ 158.24 $ 474.722 3.00 Hon HETP4248FP $(A) .CU 03 $(P1) .Q TACKABLE PANEL W/O TC42.5H X 48W $(A) = Grd A Fabric .CU = Centurion 03 = Fog $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 150 $ 128.88 $ 386.643 1.00 Hon HETP4236FP $(A) .CU 03 $(P1) .Q TACKABLE PANEL W/O TC 42.5H X 36W $(A) = Grd A Fabric $ 113.70 $ 113.704 17Page 1 of[initial|req|signer1] EXHIBIT C-1Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 339 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2679-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE .CU = Centurion 03 = Fog $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 150 3.00 Hon HES1548F $(A) .CU 03 FABRIC STACKER 15H X 48W $(A) = Grd A Fabric .CU = Centurion 03 = Fog -- TAG/LOCATION: KEY 150 $ 97.54 $ 292.625 2.00 Hon HEC80PLN $(P1) .Q 80H L CONNECTOR POST $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 150 $ 53.99 $ 107.986 1.00 Hon HECS1 SINGLE CONNECTOR STRAP -- TAG/LOCATION: KEY 150 $ 5.48 $ 5.487 1.00 Hon HECVH30P $(P1) .Q VARIABLE HEIGHT CONNECTOR KIT 30H $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 150 $ 27.12 $ 27.128 2.00 Hon HEC42PLN $(P1) .Q 42.5H L CONNECTOR POST $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 150 $ 38.32 $ 76.649 4.00 Hon HECSL L CONNECTOR STRAP -- TAG/LOCATION: KEY 150 $ 5.48 $ 21.9210 2.00 Hon HSCKTPS .X $ 7.46 $ 14.9211 17Page 2 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 340 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2679-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE STRAIGHT CONNECTOR KIT .X = No Option -- TAG/LOCATION: KEY 150 1.00 Hon HETC24 $(P1) .Q PANEL TOP CAP 24W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 150 $ 13.44 $ 13.4412 6.00 Hon HETC48 $(P1) .Q PANEL TOP CAP 48W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 150 $ 23.14 $ 138.8413 1.00 Hon HETC36 $(P1) .Q PANEL TOP CAP 36W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 150 $ 20.40 $ 20.4014 2.00 Hon HEFEC42P $(P1) .Q PANEL FINISHED END COVERS 42.5H $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 150 $ 18.67 $ 37.3415 1.00 Hon HEVHF30P $(P1) .Q IN-LINE VARIABLE HEIGHT FINISHING KIT 30H $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 150 $ 27.12 $ 27.1216 1.00 Hon HH871248 ELECTRICAL POWER HARNESS 48W 3-1 & 2-2 SYSTEMS -- TAG/LOCATION: KEY 150 $ 73.40 $ 73.4017 1.00 Hon HH871148 ELECTRICAL PASS-THRU CABLE 48W 3-1 & 2-2 SYSTEMS $ 46.52 $ 46.5218 17Page 3 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 341 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2679-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE -- TAG/LOCATION: KEY 150 1.00 Hon HH879072 BASE IN-FEED CABLE BASE 3-1 & 2-2 SYSTEMS -- TAG/LOCATION: KEY 150 $ 77.88 $ 77.8819 1.00 Hon HH871504 .LOFT DUPLEX RECEPTACLE CIRCUIT 4 3-1 & 2-2 SYSTEMS .LOFT = Loft -- TAG/LOCATION: KEY 150 $ 14.93 $ 14.9320 1.00 Hon HH871501 .LOFT DUPLEX RECEPTACLE CIRCUIT 1 3-1 & 2-2 SYSTEMS .LOFT = Loft -- TAG/LOCATION: KEY 150 $ 14.93 $ 14.9321 1.00 Hon HH871502 .LOFT DUPLEX RECEPTACLE CIRCUIT 2 3-1 & 2-2 SYSTEMS .LOFT = PAINT: Loft -- TAG/LOCATION: KEY 150 $ 14.93 $ 14.9322 1.00 Hon H872 .L $(P1) .Q BRIGADE 800 SERIES LATERAL FILE 2 DRAWER 30W .L = Standard Random Key Lock $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 150 $ 483.75 $ 483.7523 1.00 Hon HVFB23R .L $(P1) .Q BOX/BOX/FILE 28H X 22 7/8D X 15W .L = Lock $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 150 $ 188.85 $ 188.8524 1.00 Hon HCTL242 $(P1) .Q 24D CANTILEVER ONE PAIR $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 150 $ 28.37 $ 28.3725 17Page 4 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 342 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2679-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE 1.00 Hon HCTL241L $(P1) .Q LEFT-HAND CANTILEVER 24 IN D $(P1) = Select P1 Paint .Q = Light Gray -- TAG/LOCATION: KEY 150 $ 15.43 $ 15.4326 1.00 Hon HCTL241R $(P1) .Q RIGHT-HAND CANTILEVER 24 IN D $(P1) = Select P1 Paint .Q = Light Gray -- TAG/LOCATION: KEY 150 $ 15.43 $ 15.4327 6.00 Hon HWSB2 $(P1) .Q WORKSURFACE BRACKET KIT $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 150 $ 15.93 $ 95.5828 2.00 Hon HWR2448P $(L1STD) .LKI1 .KI .Q SYSTEMS RECTANGULAR WORKSURFACE EDGEBAND 24D X 48W $(L1STD) = Grd L1 Standard Laminates .LKI1 = Kingswood Walnut .KI = Kingswood Walnut .Q = Light Gray -- TAG/LOCATION: KEY 150 $ 133.36 $ 266.7229 1.00 Hon HWC4824P $(L1STD) .LKI1 .KI .Q SYSTEMS CORNER WORKSURFACE 48WX24D EDGEBAND CURVED $(L1STD) = Grd L1 Standard Laminates .LKI1 = Kingswood Walnut .KI = Kingswood Walnut .Q = Light Gray -- TAG/LOCATION: KEY 150 $ 196.31 $ 196.3130 4.00 Hon HECB42 $(P1) .Q COUNTER TOP BRACKET FOR 42.5H PANELS $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 150 $ 18.42 $ 73.6831 17Page 5 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 343 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2679-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE 2.00 Hon HBCSR1548P $(L1STD) .LKI1 .KI SYSTEMS RAISED STRAIGHT COUNTERTOPS 48WX15D EDGEBAND $(L1STD) = Grd L1 Standard Laminates .LKI1 = Kingswood Walnut .KI = Kingswood Walnut -- TAG/LOCATION: KEY 150 $ 98.52 $ 197.0432 1.00 Hon HRVOH48FM $(P1) .Q .L ABOUND OVERHEAD-METAL FLIPPER DOOR 48IN $(P1) = P1 Paint Opts .Q = Light Gray .L = Lock -- TAG/LOCATION: KEY 150 $ 214.23 $ 214.2333 1.00 Hon HH870924 TASKLIGHT 24W -- TAG/LOCATION: KEY 150 $ 75.14 $ 75.1434 3.00 Hon HF23C .X150E LOCK CORE REPLACEMENT KIT BRUSHED CHROME .X150E = 150E -- TAG/LOCATION: KEY 150 $ 16.18 $ 48.5435 1.00 Hon HETP6524FP $(A) .CU 03 $(P1) .Q TACKABLE PANEL W/O TC 65H X 24W $(A) = Grd A Fabric .CU = Centurion 03 = Fog $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 151 $ 123.40 $ 123.4036 4.00 Hon HETP6548FP $(A) .CU 03 $(P1) .Q TACKABLE PANEL W/O TC 65H X 48W $(A) = Grd A Fabric .CU = Centurion 03 = Fog $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 151 $ 158.24 $ 632.9637 17Page 6 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 344 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2679-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE 2.00 Hon HETP5048FP $(A) .CU 03 $(P1) .Q TACKABLE PANEL W/O TC 50H X 48W $(A) = Grd A Fabric .CU = Centurion 03 = Fog $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 151 $ 146.55 $ 293.1038 1.00 Hon HETP6536FP $(A) .CU 03 $(P1) .Q TACKABLE PANEL W/O TC 65H X 36W $(A) = Grd A Fabric .CU = Centurion 03 = Fog $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 151 $ 139.58 $ 139.5839 1.00 Hon HES1524F $(A) .CU 03 FABRIC STACKER 15H X 24W $(A) = Grd A Fabric .CU = Centurion 03 = Fog -- TAG/LOCATION: KEY 151 $ 73.64 $ 73.6440 4.00 Hon HES1548F $(A) .CU 03 FABRIC STACKER 15H X 48W $(A) = Grd A Fabric .CU = Centurion 03 = Fog -- TAG/LOCATION: KEY 151 $ 97.54 $ 390.1641 2.00 Hon HES3048G $(P1) .Q .Q GLASS STACKER 30H X 48W $(P1) = P1 Paint Opts .Q = Light Gray .Q = Light Gray -- TAG/LOCATION: KEY 151 $ 292.60 $ 585.2042 1.00 Hon HES1536F $(A) .CU 03 FABRIC STACKER 15H X 36W $ 85.35 $ 85.3543 17Page 7 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 345 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2679-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE $(A) = Grd A Fabric .CU = Centurion 03 = Fog -- TAG/LOCATION: KEY 151 4.00 Hon HEC80PLN $(P1) .LOFT 80H L CONNECTOR POST $(P1) = P1 Paint Opts .LOFT = Loft -- TAG/LOCATION: KEY 151 $ 53.99 $ 215.9644 4.00 Hon HECSL L CONNECTOR STRAP -- TAG/LOCATION: KEY 151 $ 5.48 $ 21.9245 3.00 Hon HSCKTPS .X STRAIGHT CONNECTOR KIT .X = No Option -- TAG/LOCATION: KEY 151 $ 7.46 $ 22.3846 1.00 Hon HETC24 $(P1) .Q PANEL TOP CAP 24W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 151 $ 13.44 $ 13.4447 6.00 Hon HETC48 $(P1) .Q PANEL TOP CAP 48W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 151 $ 23.14 $ 138.8448 1.00 Hon HETC36 $(P1) .Q PANEL TOP CAP 36W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 151 $ 20.40 $ 20.4049 2.00 Hon HEFEC80P $(P1) .Q PANEL FINISHED END COVERS 80H $ 24.88 $ 49.7650 17Page 8 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 346 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2679-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 151 1.00 Hon HESDMK36 $(P1) .Q ACCELERATE SLIDING DOOR FRAME 36W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 151 $ 60.21 $ 60.2151 1.00 Hon HH18042SD $(P1) .Q ABOUND SLIDING DOOR 80H X 42W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 151 $ 968.87 $ 968.8752 1.00 Hon HH871248 ELECTRICAL POWER HARNESS 48W 3-1 & 2-2 SYSTEMS -- TAG/LOCATION: KEY 151 $ 73.40 $ 73.4053 1.00 Hon HH871148 ELECTRICAL PASS-THRU CABLE 48W 3-1 & 2-2 SYSTEMS -- TAG/LOCATION: KEY 151 $ 46.52 $ 46.5254 1.00 Hon HH871504 .LOFT DUPLEX RECEPTACLE CIRCUIT 4 3-1 & 2-2 SYSTEMS .LOFT = Loft -- TAG/LOCATION: KEY 151 $ 14.93 $ 14.9355 1.00 Hon HH871501 .LOFT DUPLEX RECEPTACLE CIRCUIT 1 3-1 & 2-2 SYSTEMS .LOFT = Loft -- TAG/LOCATION: KEY 151 $ 14.93 $ 14.9356 1.00 Hon HH871502 .LOFT DUPLEX RECEPTACLE CIRCUIT 2 3-1 & 2-2 SYSTEMS .LOFT = PAINT: Loft -- TAG/LOCATION: KEY 151 $ 14.93 $ 14.9357 17Page 9 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 347 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2679-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE 1.00 Hon H872 .L $(P1) .Q BRIGADE 800 SERIES LATERAL FILE 2 DRAWER 30W .L = Standard Random Key Lock $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 151 $ 483.75 $ 483.7558 2.00 Hon HCTL242 $(P1) .Q 24D CANTILEVER ONE PAIR $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 151 $ 28.37 $ 56.7459 1.00 Hon HVFB23R .L $(P1) .Q BOX/BOX/FILE 28H X 22 7/8D X 15W .L = Lock $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 151 $ 188.85 $ 188.8560 6.00 Hon HWSB2 $(P1) .Q WORKSURFACE BRACKET KIT $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 151 $ 15.93 $ 95.5861 2.00 Hon HWR2448P $(L1STD) .LKI1 .KI .Q SYSTEMS RECTANGULAR WORKSURFACE EDGEBAND 24D X 48W $(L1STD) = Grd L1 Standard Laminates .LKI1 = Kingswood Walnut .KI = Kingswood Walnut .Q = Light Gray -- TAG/LOCATION: KEY 151 $ 133.36 $ 266.7262 1.00 Hon HWC4824P $(L1STD) .LKI1 .KI .Q SYSTEMS CORNER WORKSURFACE 48WX24D EDGEBAND CURVED $(L1STD) = Grd L1 Standard Laminates .LKI1 = Kingswood Walnut .KI = Kingswood Walnut .Q = Light Gray -- TAG/LOCATION: KEY 151 $ 196.31 $ 196.3163 17Page 10 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 348 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2679-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE 1.00 Hon HRVOH48FM $(P1) .Q .L ABOUND OVERHEAD-METAL FLIPPER DOOR 48IN $(P1) = P1 Paint Opts .Q = Light Gray .L = Lock -- TAG/LOCATION: KEY 151 $ 214.23 $ 214.2364 1.00 Hon HH870924 TASKLIGHT 24W -- TAG/LOCATION: KEY 151 $ 75.14 $ 75.1465 3.00 Hon HF23C .X151E LOCK CORE REPLACEMENT KIT BRUSHED CHROME .X151E = 151E -- TAG/LOCATION: KEY 151 $ 16.18 $ 48.5466 1.00 Hon HETP4224FP $(A) .CU 03 $(P1) .Q TACKABLE PANEL W/O TC 42.5H X 24W $(A) = Grd A Fabric .CU = Centurion 03 = Fog $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 152 $ 102.51 $ 102.5167 3.00 Hon HETP6548FP $(A) .CU 03 $(P1) .Q TACKABLE PANEL W/O TC 65H X 48W $(A) = Grd A Fabric .CU = Centurion 03 = Fog $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 152 $ 158.24 $ 474.7268 3.00 Hon HETP4248FP $(A) .CU 03 $(P1) .Q TACKABLE PANEL W/O TC42.5H X 48W $(A) = Grd A Fabric .CU = Centurion 03 = Fog $(P1) = P1 Paint Opts .Q = Light Gray $ 128.88 $ 386.6469 17Page 11 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 349 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2679-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE -- TAG/LOCATION: KEY 152 1.00 Hon HETP4236FP $(A) .CU 03 $(P1) .Q TACKABLE PANEL W/O TC 42.5H X 36W $(A) = Grd A Fabric .CU = Centurion 03 = Fog $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 152 $ 113.70 $ 113.7070 3.00 Hon HES1548F $(A) .CU 03 FABRIC STACKER 15H X 48W $(A) = Grd A Fabric .CU = Centurion 03 = Fog -- TAG/LOCATION: KEY 152 $ 97.54 $ 292.6271 2.00 Hon HEC80PLN $(P1) .Q 80H L CONNECTOR POST $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 152 $ 53.99 $ 107.9872 1.00 Hon HECS1 SINGLE CONNECTOR STRAP -- TAG/LOCATION: KEY 152 $ 5.48 $ 5.4873 1.00 Hon HECVH30P $(P1) .Q VARIABLE HEIGHT CONNECTOR KIT 30H $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 152 $ 27.12 $ 27.1274 2.00 Hon HEC42PLN $(P1) .Q 42.5H L CONNECTOR POST $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 152 $ 38.32 $ 76.6475 17Page 12 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 350 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2679-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE 4.00 Hon HECSL L CONNECTOR STRAP -- TAG/LOCATION: KEY 152 $ 5.48 $ 21.9276 2.00 Hon HSCKTPS .X STRAIGHT CONNECTOR KIT .X = No Option -- TAG/LOCATION: KEY 152 $ 7.46 $ 14.9277 1.00 Hon HETC24 $(P1) .Q PANEL TOP CAP 24W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 152 $ 13.44 $ 13.4478 6.00 Hon HETC48 $(P1) .Q PANEL TOP CAP 48W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 152 $ 23.14 $ 138.8479 1.00 Hon HETC36 $(P1) .Q PANEL TOP CAP 36W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 152 $ 20.40 $ 20.4080 2.00 Hon HEFEC42P $(P1) .Q PANEL FINISHED END COVERS 42.5H $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 152 $ 18.67 $ 37.3481 1.00 Hon HEVHF30P $(P1) .Q IN-LINE VARIABLE HEIGHT FINISHING KIT 30H $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 152 $ 27.12 $ 27.1282 17Page 13 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 351 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2679-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE 1.00 Hon HH871248 ELECTRICAL POWER HARNESS 48W 3-1 & 2-2 SYSTEMS -- TAG/LOCATION: KEY 152 $ 73.40 $ 73.4083 1.00 Hon HH871148 ELECTRICAL PASS-THRU CABLE 48W 3-1 & 2-2 SYSTEMS -- TAG/LOCATION: KEY 152 $ 46.52 $ 46.5284 1.00 Hon HH879072 BASE IN-FEED CABLE BASE 3-1 & 2-2 SYSTEMS -- TAG/LOCATION: KEY 152 $ 77.88 $ 77.8885 1.00 Hon HH871504 .LOFT DUPLEX RECEPTACLE CIRCUIT 4 3-1 & 2-2 SYSTEMS .LOFT = Loft -- TAG/LOCATION: KEY 152 $ 14.93 $ 14.9386 1.00 Hon HH871501 .LOFT DUPLEX RECEPTACLE CIRCUIT 1 3-1 & 2-2 SYSTEMS .LOFT = Loft -- TAG/LOCATION: KEY 152 $ 14.93 $ 14.9387 1.00 Hon HH871502 .LOFT DUPLEX RECEPTACLE CIRCUIT 2 3-1 & 2-2 SYSTEMS .LOFT = PAINT: Loft -- TAG/LOCATION: KEY 152 $ 14.93 $ 14.9388 1.00 Hon H872 .L $(P1) .Q BRIGADE 800 SERIES LATERAL FILE 2 DRAWER 30W .L = Standard Random Key Lock $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 152 $ 483.75 $ 483.7589 1.00 Hon HVFB23R .L $(P1) .Q BOX/BOX/FILE 28H X 22 7/8D X 15W .L = Lock $(P1) = P1 Paint Opts .Q = Light Gray $ 188.85 $ 188.8590 17Page 14 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 352 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2679-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE -- TAG/LOCATION: KEY 152 1.00 Hon HCTL242 $(P1) .Q 24D CANTILEVER ONE PAIR $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 152 $ 28.37 $ 28.3791 1.00 Hon HCTL241L $(P1) .Q LEFT-HAND CANTILEVER 24 IN D $(P1) = Select P1 Paint .Q = Light Gray -- TAG/LOCATION: KEY 152 $ 15.43 $ 15.4392 1.00 Hon HCTL241R $(P1) .Q RIGHT-HAND CANTILEVER 24 IN D $(P1) = Select P1 Paint .Q = Light Gray -- TAG/LOCATION: KEY 152 $ 15.43 $ 15.4393 6.00 Hon HWSB2 $(P1) .Q WORKSURFACE BRACKET KIT $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 152 $ 15.93 $ 95.5894 2.00 Hon HWR2448P $(L1STD) .LKI1 .KI .Q SYSTEMS RECTANGULAR WORKSURFACE EDGEBAND 24D X 48W $(L1STD) = Grd L1 Standard Laminates .LKI1 = Kingswood Walnut .KI = Kingswood Walnut .Q = Light Gray -- TAG/LOCATION: KEY 152 $ 133.36 $ 266.7295 1.00 Hon HWC4824P $(L1STD) .LKI1 .KI .Q SYSTEMS CORNER WORKSURFACE 48WX24D EDGEBAND CURVED $(L1STD) = Grd L1 Standard Laminates .LKI1 = Kingswood Walnut .KI = Kingswood Walnut .Q = Light Gray -- TAG/LOCATION: KEY 152 $ 196.31 $ 196.3196 17Page 15 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 353 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2679-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE 4.00 Hon HECB42 $(P1) .Q COUNTER TOP BRACKET FOR 42.5H PANELS $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 152 $ 18.42 $ 73.6897 2.00 Hon HBCSR1548P $(L1STD) .LKI1 .KI SYSTEMS RAISED STRAIGHT COUNTERTOPS 48WX15D EDGEBAND $(L1STD) = Grd L1 Standard Laminates .LKI1 = Kingswood Walnut .KI = Kingswood Walnut -- TAG/LOCATION: KEY 152 $ 98.52 $ 197.0498 1.00 Hon HRVOH48FM $(P1) .Q .L ABOUND OVERHEAD-METAL FLIPPER DOOR 48IN $(P1) = P1 Paint Opts .Q = Light Gray .L = Lock -- TAG/LOCATION: KEY 152 $ 214.23 $ 214.2399 1.00 Hon HH870924 TASKLIGHT 24W -- TAG/LOCATION: KEY 152 $ 75.14 $ 75.14100 3.00 Hon HF23C .X152E LOCK CORE REPLACEMENT KIT BRUSHED CHROME .X152E = 152E -- TAG/LOCATION: KEY 152 $ 16.18 $ 48.54101 DELIVERY & INSTALLATION NORMAL BUSINESS HOURS M-F PRODUCT IN STORAGE FOR MORE THAN 13-DAYS WILL HAVE TO BE OPEN AND INSPECTED FOR FREIGHT DAMAGE INSPECTION FEES WILL APPLY STORAGE INCLUDED FOR UP TO 30-DAYS AFTER 30-DAYS STORAGE FEES WILL APPLY INCLUDES TRUCK FEES & FUEL SURCHARGE TRASH REMOVAL 102 17Page 16 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 354 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2679-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE WE ARE PLEASED TO QUOTE THE FOLLOWING ITEMS FOR YOUR APPROVAL. THESE ITEMS ARE SUBJECT TO THE TERMS AND CONDITIONS OF THE SALE WHICH ARE PART OF THIS AGREEMENT. THE MERCHANDISE WILL BE ORDERED UPON RECEIPT OF THIS SIGNED CONTRACT AND DEPOSIT. THIS OFFER WILL EXPIRE 30 DAYS FROM THE QUOTATION DATE. THIS QUOTATION, WHEN ACCEPTED IS A CONTRACT BINDING ON BOTH PARTIES AND IS NOT SUBJECT TO CHANGE OR CANCELLATION EXCEPT BY WRITTEN CONSENT BY BOTH PARTIES. SUBTOTAL $13,631.84 FREIGHT $0.00 LABOR INSTALLATION $3,155.00 LABOR ASSEMBLY (T)$0.00 SALES TAX (7.75%)$1,056.47 TOTAL $17,843.31 DEPOSIT REQUESTED $0.00 x Date 12/10/24 Kandee Mathews Quality Office Furnishings x Date Title CITY OF PALM DESERT Page 17 of 17 Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 355 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/12/24 2745-CPD Kandee Mathews Net 30 PRESENTED TO: Accounts Payable CITY OF PALM DESERT 73510 Fred Waring Drive Palm Desert, CA 92260-2524 appw@palmdesert.gov Project Name / Location - TAG WARDROBE - CITY MANAGER RFQ / BID # REQUESTED BY RYAN LAMB DELIVERY / INSTALLATION LOCATION: Ryan Lamb CITY OF PALM DESERT 73510 Fred Waring Drive Palm Desert, CA 92260-2524 PH: 760-776-6416 C: 760-832-3035 rlamb@palmdesert.gov ESTIMATED LEAD TIME 8 WEEKS ARO PROJECTED INSTALL ON RECEIPT REVISION # WIP1 DESIGNER Keshia Boyes LABOR TYPE PREVAILING ITEM #QTY IMAGE PRODUCT UNIT PRICE EXT. PRICE 1.00 Kimball Office Inc. 53K3667VHHL 89_462 KRB AC2 AC2 PRIORITY, 36WX67H, DOUBLE DOOR, WARDROBE RIGHT, SHELF LEFT, LAM 89_462 = STUDIO,CINDER KRB = RDM CORE INCL,NOT INSTL,BLACK AC2 = AUTUMN AC2 = AUTUMN -- TAG/LOCATION: OPT B $ 1,499.40 $ 1,499.401 DELIVERY & INSTALLATION NORMAL BUSINESS HOURS M-F PRODUCT IN STORAGE FOR MORE THAN 13-DAYS WILL HAVE TO BE OPEN AND INSPECTED FOR FREIGHT DAMAGE INSPECTION FEES WILL APPLY STORAGE INCLUDED FOR UP TO 30-DAYS AFTER 30-DAYS STORAGE FEES WILL APPLY INCLUDES TRUCK FEES & FUEL SURCHARGE TRASH REMOVAL 2 2Page 1 of[initial|req|signer1] EXHIBIT C-2Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 356 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/12/24 2745-CPD Kandee Mathews Net 30 ITEM #QTY IMAGE PRODUCT UNIT PRICE EXT. PRICE WE ARE PLEASED TO QUOTE THE FOLLOWING ITEMS FOR YOUR APPROVAL. THESE ITEMS ARE SUBJECT TO THE TERMS AND CONDITIONS OF THE SALE WHICH ARE PART OF THIS AGREEMENT. THE MERCHANDISE WILL BE ORDERED UPON RECEIPT OF THIS SIGNED CONTRACT AND DEPOSIT. THIS OFFER WILL EXPIRE 30 DAYS FROM THE QUOTATION DATE. THIS QUOTATION, WHEN ACCEPTED IS A CONTRACT BINDING ON BOTH PARTIES AND IS NOT SUBJECT TO CHANGE OR CANCELLATION EXCEPT BY WRITTEN CONSENT BY BOTH PARTIES. SUBTOTAL $1,499.40 FREIGHT $0.00 LABOR INSTALLATION $225.00 LABOR ASSEMBLY (T)$0.00 SALES TAX (7.75%)$116.20 TOTAL $1,840.60 DEPOSIT REQUESTED $0.00 x Date 12/12/24 Kandee Mathews Quality Office Furnishings x Date Title CITY OF PALM DESERT Page 2 of 2 Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 357 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2756-CPD Kandee Mathews Net 30 PRESENTED TO: Accounts Payable CITY OF PALM DESERT 73510 Fred Waring Drive Palm Desert, CA 92260-2524 appw@palmdesert.gov Project Name / Location - TAG PHASE 3 WORKSTATIONS RFQ / BID # PER REQUEST RYAN LAMB DELIVERY / INSTALLATION LOCATION: Ryan Lamb CITY OF PALM DESERT 73510 Fred Waring Drive Palm Desert, CA 92260-2524 PH: 760-776-6416 C: 760-832-3035 rlamb@palmdesert.gov ESTIMATED LEAD TIME 6 WEEKS ARO PROJECTED INSTALL PER SCHEDULE (TBD) REVISION # WIP 1 DESIGNER Abril Reyes LABOR TYPE PREVAILING ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE 1.00 Hon HETP6524FP $(A) .CU 03 $(P1) .Q TACKABLE PANEL W/O TC 65H X 24W $(A) = Grd A Fabric .CU = Centurion 03 = Fog $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 153 $ 123.40 $ 123.401 4.00 Hon HETP6548FP $(A) .CU 03 $(P1) .Q TACKABLE PANEL W/O TC 65H X 48W $(A) = Grd A Fabric .CU = Centurion 03 = Fog $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 153 $ 158.24 $ 632.962 2.00 Hon HETP5048FP $(A) .CU 03 $(P1) .Q TACKABLE PANEL W/O TC 50H X 48W $(A) = Grd A Fabric .CU = Centurion 03 = Fog $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 153 $ 146.55 $ 293.103 1.00 Hon HETP6536FP $(A) .CU 03 $(P1) .Q TACKABLE PANEL W/O TC 65H X 36W $(A) = Grd A Fabric $ 139.58 $ 139.584 18Page 1 of[initial|req|signer1] EXHIBIT C-3Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 358 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2756-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE .CU = Centurion 03 = Fog $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 153 1.00 Hon HES1524F $(A) .CU 03 FABRIC STACKER 15H X 24W $(A) = Grd A Fabric .CU = Centurion 03 = Fog -- TAG/LOCATION: KEY 153 $ 73.64 $ 73.645 4.00 Hon HES1548F $(A) .CU 03 FABRIC STACKER 15H X 48W $(A) = Grd A Fabric .CU = Centurion 03 = Fog -- TAG/LOCATION: KEY 153 $ 97.54 $ 390.166 2.00 Hon HES3048G $(P1) .Q .Q GLASS STACKER 30H X 48W $(P1) = P1 Paint Opts .Q = Light Gray .Q = Light Gray -- TAG/LOCATION: KEY 153 $ 292.60 $ 585.207 1.00 Hon HES1536F $(A) .CU 03 FABRIC STACKER 15H X 36W $(A) = Grd A Fabric .CU = Centurion 03 = Fog -- TAG/LOCATION: KEY 153 $ 85.35 $ 85.358 4.00 Hon HEC80PLN $(P1) .Q 80H L CONNECTOR POST $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 153 $ 53.99 $ 215.969 4.00 Hon HECSL $ 5.48 $ 21.9210 18Page 2 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 359 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2756-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE L CONNECTOR STRAP -- TAG/LOCATION: KEY 153 3.00 Hon HSCKTPS .X STRAIGHT CONNECTOR KIT .X = No Option -- TAG/LOCATION: KEY 153 $ 7.46 $ 22.3811 1.00 Hon HETC24 $(P1) .Q PANEL TOP CAP 24W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 153 $ 13.44 $ 13.4412 6.00 Hon HETC48 $(P1) .Q PANEL TOP CAP 48W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 153 $ 23.14 $ 138.8413 1.00 Hon HETC36 $(P1) .Q PANEL TOP CAP 36W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 153 $ 20.40 $ 20.4014 2.00 Hon HEFEC80P $(P1) .Q PANEL FINISHED END COVERS 80H $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 153 $ 24.88 $ 49.7615 1.00 Hon HESDMK36 $(P1) .Q ACCELERATE SLIDING DOOR FRAME 36W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 153 $ 60.21 $ 60.2116 1.00 Hon HH18042SD $(P1) .Q ABOUND SLIDING DOOR 80H X 42W $ 968.87 $ 968.8717 18Page 3 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 360 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2756-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 153 1.00 Hon HH871248 ELECTRICAL POWER HARNESS 48W 3-1 & 2-2 SYSTEMS -- TAG/LOCATION: KEY 153 $ 73.40 $ 73.4018 1.00 Hon HH871148 ELECTRICAL PASS-THRU CABLE 48W 3-1 & 2-2 SYSTEMS -- TAG/LOCATION: KEY 153 $ 46.52 $ 46.5219 1.00 Hon HH879072 BASE IN-FEED CABLE BASE 3-1 & 2-2 SYSTEMS -- TAG/LOCATION: KEY 153 $ 77.88 $ 77.8820 1.00 Hon HH871504 .LOFT DUPLEX RECEPTACLE CIRCUIT 4 3-1 & 2-2 SYSTEMS .LOFT = Loft -- TAG/LOCATION: KEY 153 $ 14.93 $ 14.9321 1.00 Hon HH871502 .LOFT DUPLEX RECEPTACLE CIRCUIT 2 3-1 & 2-2 SYSTEMS .LOFT = PAINT: Loft -- TAG/LOCATION: KEY 153 $ 14.93 $ 14.9322 1.00 Hon HH871501 .LOFT DUPLEX RECEPTACLE CIRCUIT 1 3-1 & 2-2 SYSTEMS .LOFT = Loft -- TAG/LOCATION: KEY 153 $ 14.93 $ 14.9323 1.00 Hon H872 .L $(P1) .Q BRIGADE 800 SERIES LATERAL FILE 2 DRAWER 30W .L = Standard Random Key Lock $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 153 $ 483.75 $ 483.7524 18Page 4 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 361 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2756-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE 2.00 Hon HCTL242 $(P1) .Q 24D CANTILEVER ONE PAIR $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 153 $ 28.37 $ 56.7425 1.00 Hon HVFB23R .L $(P1) .Q BOX/BOX/FILE 28H X 22 7/8D X 15W .L = Lock $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 153 $ 188.85 $ 188.8526 6.00 Hon HWSB2 $(P1) .Q WORKSURFACE BRACKET KIT $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 153 $ 15.93 $ 95.5827 2.00 Hon HWR2448P $(L1STD) .LKI1 .KI .Q SYSTEMS RECTANGULAR WORKSURFACE EDGEBAND 24D X 48W $(L1STD) = Grd L1 Standard Laminates .LKI1 = Kingswood Walnut .KI = Kingswood Walnut .Q = Light Gray -- TAG/LOCATION: KEY 153 $ 133.36 $ 266.7228 1.00 Hon HWC4824P $(L1STD) .LKI1 .KI .Q SYSTEMS CORNER WORKSURFACE 48WX24D EDGEBAND CURVED $(L1STD) = Grd L1 Standard Laminates .LKI1 = Kingswood Walnut .KI = Kingswood Walnut .Q = Light Gray -- TAG/LOCATION: KEY 153 $ 196.31 $ 196.3129 1.00 Hon HRVOH48FM $(P1) .Q .L ABOUND OVERHEAD-METAL FLIPPER DOOR 48IN $(P1) = P1 Paint Opts .Q = Light Gray .L = Lock -- TAG/LOCATION: KEY 153 $ 214.23 $ 214.2330 18Page 5 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 362 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2756-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE 1.00 Hon HH870924 TASKLIGHT 24W -- TAG/LOCATION: KEY 153 $ 75.14 $ 75.1431 3.00 Hon HF23C .X153E LOCK CORE REPLACEMENT KIT BRUSHED CHROME .X153E = 153E -- TAG/LOCATION: KEY 153 $ 16.18 $ 48.5432 10.00 Hon HETP6524FP $(A) .CU 03 $(P1) .Q TACKABLE PANEL W/O TC 65H X 24W $(A) = Grd A Fabric .CU = Centurion 03 = Fog $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 154-163 $ 123.40 $ 1,234.0033 32.00 Hon HETP6548FP $(A) .CU 03 $(P1) .Q TACKABLE PANEL W/O TC 65H X 48W $(A) = Grd A Fabric .CU = Centurion 03 = Fog $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 154-163 $ 158.24 $ 5,063.6834 10.00 Hon HETP6536FP $(A) .CU 03 $(P1) .Q TACKABLE PANEL W/O TC 65H X 36W $(A) = Grd A Fabric .CU = Centurion 03 = Fog $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 154-163 $ 139.58 $ 1,395.8035 2.00 Hon HETP5048FP $(A) .CU 03 $(P1) .Q TACKABLE PANEL W/O TC 50H X 48W $(A) = Grd A Fabric .CU = Centurion 03 = Fog $ 146.55 $ 293.1036 18Page 6 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 363 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2756-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 154-163 10.00 Hon HES1524F $(A) .CU 03 FABRIC STACKER 15H X 24W $(A) = Grd A Fabric .CU = Centurion 03 = Fog -- TAG/LOCATION: KEY 154-163 $ 73.64 $ 736.4037 32.00 Hon HES1548F $(A) .CU 03 FABRIC STACKER 15H X 48W $(A) = Grd A Fabric .CU = Centurion 03 = Fog -- TAG/LOCATION: KEY 154-163 $ 97.54 $ 3,121.2838 10.00 Hon HES1536F $(A) .CU 03 FABRIC STACKER 15H X 36W $(A) = Grd A Fabric .CU = Centurion 03 = Fog -- TAG/LOCATION: KEY 154-163 $ 85.35 $ 853.5039 2.00 Hon HES3048G $(P1) .Q .Q GLASS STACKER 30H X 48W $(P1) = P1 Paint Opts .Q = Light Gray .Q = Light Gray -- TAG/LOCATION: KEY 154-163 $ 292.60 $ 585.2040 4.00 Hon HEC80PLN $(P1) .Q 80H L CONNECTOR POST $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 154-163 $ 53.99 $ 215.9641 4.00 Hon HECSL L CONNECTOR STRAP -- TAG/LOCATION: KEY 154-163 $ 5.48 $ 21.9242 18Page 7 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 364 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2756-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE 10.00 Hon HEC80PTN $(P1) .Q 80H T CONNECTOR POST $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 154-163 $ 52.25 $ 522.5043 10.00 Hon HECST T CONNECTOR STRAP -- TAG/LOCATION: KEY 154-163 $ 7.96 $ 79.6044 4.00 Hon HEC80PXN $(P1) .Q 80H X CONNECTOR POST $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 154-163 $ 50.26 $ 201.0445 4.00 Hon HECSX X CONNECTOR STRAP -- TAG/LOCATION: KEY 154-163 $ 9.20 $ 36.8046 6.00 Hon HECS1 SINGLE CONNECTOR STRAP -- TAG/LOCATION: KEY 154-163 $ 5.48 $ 32.8847 17.00 Hon HSCKTPS .X STRAIGHT CONNECTOR KIT .X = No Option -- TAG/LOCATION: KEY 154-163 $ 7.46 $ 126.8248 10.00 Hon HETC24 $(P1) .Q PANEL TOP CAP 24W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 154-163 $ 13.44 $ 134.4049 32.00 Hon HETC48 $(P1) .Q PANEL TOP CAP 48W $(P1) = P1 Paint Opts .Q = Light Gray $ 23.14 $ 740.4850 18Page 8 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 365 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2756-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE -- TAG/LOCATION: KEY 154-163 10.00 Hon HETC36 $(P1) .Q PANEL TOP CAP 36W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 154-163 $ 20.40 $ 204.0051 20.00 Hon HEFEC80P $(P1) .Q PANEL FINISHED END COVERS 80H $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 154-163 $ 24.88 $ 497.6052 10.00 Hon HESDMK36 $(P1) .Q ACCELERATE SLIDING DOOR FRAME 36W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 154-163 $ 60.21 $ 602.1053 10.00 Hon HH18042SD $(P1) .Q ABOUND SLIDING DOOR 80H X 42W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 154-163 $ 968.87 $ 9,688.7054 2.00 Hon HECPP156 $(P1) .Q INTEGRATED POWER POLE 13H 2IN X 2IN $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 154-163 $ 225.18 $ 450.3655 2.00 Hon HH871918 CEILING IN-FEED CABLE BASE 216IN LONG SEPARATE -- TAG/LOCATION: KEY 154-163 $ 105.00 $ 210.0056 5.00 Hon HH871248 ELECTRICAL POWER HARNESS 48W 3-1 & 2-2 SYSTEMS -- TAG/LOCATION: KEY 154-163 $ 73.40 $ 367.0057 18Page 9 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 366 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2756-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE 5.00 Hon HH871148 ELECTRICAL PASS-THRU CABLE 48W 3-1 & 2-2 SYSTEMS -- TAG/LOCATION: KEY 154-163 $ 46.52 $ 232.6058 10.00 Hon HH871504 .LOFT DUPLEX RECEPTACLE CIRCUIT 4 3-1 & 2-2 SYSTEMS .LOFT = PAINT: Loft -- TAG/LOCATION: KEY 154-163 $ 14.93 $ 149.3059 10.00 Hon HH871502 .LOFT DUPLEX RECEPTACLE CIRCUIT 2 3-1 & 2-2 SYSTEMS .LOFT = PAINT: Loft -- TAG/LOCATION: KEY 154-163 $ 14.93 $ 149.3060 10.00 Hon HH871501 .LOFT DUPLEX RECEPTACLE CIRCUIT 1 3-1 & 2-2 SYSTEMS .LOFT = PAINT: Loft -- TAG/LOCATION: KEY 154-163 $ 14.93 $ 149.3061 10.00 Hon H872 .L $(P1) .Q BRIGADE 800 SERIES LATERAL FILE 2 DRAWER 30W .L = Standard Random Key Lock $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 154-163 $ 483.75 $ 4,837.5062 20.00 Hon HCTL242 $(P1) .Q 24D CANTILEVER ONE PAIR $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 154-163 $ 28.37 $ 567.4063 10.00 Hon HVFB23R .L $(P1) .Q BOX/BOX/FILE 28H X 22 7/8D X 15W .L = Lock $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 154-163 $ 188.85 $ 1,888.5064 18Page 10 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 367 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2756-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE 40.00 Hon HWSB2 $(P1) .Q WORKSURFACE BRACKET KIT $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 154-163 $ 15.93 $ 637.2065 20.00 Hon HWR2448P $(L1STD) .LKI1 .KI .Q SYSTEMS RECTANGULAR WORKSURFACE EDGEBAND 24D X 48W $(L1STD) = Grd L1 Standard Laminates .LKI1 = Kingswood Walnut .KI = Kingswood Walnut .Q = Light Gray -- TAG/LOCATION: KEY 154-163 $ 133.36 $ 2,667.2066 10.00 Hon HWC4824P $(L1STD) .LKI1 .KI .Q SYSTEMS CORNER WORKSURFACE 48WX24D EDGEBAND CURVED $(L1STD) = Grd L1 Standard Laminates .LKI1 = Kingswood Walnut .KI = Kingswood Walnut .Q = Light Gray -- TAG/LOCATION: KEY 154-163 $ 196.31 $ 1,963.1067 19.00 Hon HRVOH48FM $(P1) .Q .L ABOUND OVERHEAD-METAL FLIPPER DOOR 48IN $(P1) = P1 Paint Opts .Q = Light Gray .L = Lock -- TAG/LOCATION: KEY 154-163 $ 214.23 $ 4,070.3768 19.00 Hon HH870924 TASKLIGHT 24W -- TAG/LOCATION: KEY 154-163 $ 75.14 $ 1,427.6669 4.00 Hon HF23C .X154E LOCK CORE REPLACEMENT KIT BRUSHED CHROME .X154E = 154E -- TAG/LOCATION: KEY 154-163 $ 16.18 $ 64.7270 4.00 Hon HF23C .X155E LOCK CORE REPLACEMENT KIT BRUSHED CHROME $ 16.18 $ 64.7271 18Page 11 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 368 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2756-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE .X155E = 155E -- TAG/LOCATION: KEY 154-163 4.00 Hon HF23C .X156E LOCK CORE REPLACEMENT KIT BRUSHED CHROME .X156E = 156E -- TAG/LOCATION: KEY 154-163 $ 16.18 $ 64.7272 4.00 Hon HF23C .X157E LOCK CORE REPLACEMENT KIT BRUSHED CHROME .X157E = 157E -- TAG/LOCATION: KEY 154-163 $ 16.18 $ 64.7273 3.00 Hon HF23C .X158E LOCK CORE REPLACEMENT KIT BRUSHED CHROME .X158E = 158E -- TAG/LOCATION: KEY 154-163 $ 16.18 $ 48.5474 4.00 Hon HF23C .X159E LOCK CORE REPLACEMENT KIT BRUSHED CHROME .X159E = 159E -- TAG/LOCATION: KEY 154-163 $ 16.18 $ 64.7275 4.00 Hon HF23C .X160E LOCK CORE REPLACEMENT KIT BRUSHED CHROME .X160E = 160E -- TAG/LOCATION: KEY 154-163 $ 16.18 $ 64.7276 4.00 Hon HF23C .X161E LOCK CORE REPLACEMENT KIT BRUSHED CHROME .X161E = 161E -- TAG/LOCATION: KEY 154-163 $ 16.18 $ 64.7277 4.00 Hon HF23C .X162E LOCK CORE REPLACEMENT KIT BRUSHED CHROME .X162E = 162E -- TAG/LOCATION: KEY 154-163 $ 16.18 $ 64.7278 18Page 12 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 369 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2756-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE 4.00 Hon HF23C .X163E LOCK CORE REPLACEMENT KIT BRUSHED CHROME .X163E = 163E -- TAG/LOCATION: KEY 154-163 $ 16.18 $ 64.7279 6.00 Hon HETP6524FP $(A) .CU 03 $(P1) .Q TACKABLE PANEL W/O TC 65H X 24W $(A) = Grd A Fabric .CU = Centurion 03 = Fog $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 164-165 $ 123.40 $ 740.4080 6.00 Hon HETP6548FP $(A) .CU 03 $(P1) .Q TACKABLE PANEL W/O TC 65H X 48W $(A) = Grd A Fabric .CU = Centurion 03 = Fog $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 164-165 $ 158.24 $ 949.4481 6.00 Hon HES1524F $(A) .CU 03 FABRIC STACKER 15H X 24W $(A) = Grd A Fabric .CU = Centurion 03 = Fog -- TAG/LOCATION: KEY 164-165 $ 73.64 $ 441.8482 6.00 Hon HES1548F $(A) .CU 03 FABRIC STACKER 15H X 48W $(A) = Grd A Fabric .CU = Centurion 03 = Fog -- TAG/LOCATION: KEY 164-165 $ 97.54 $ 585.2483 6.00 Hon HEC80PLN $(P1) .Q 80H L CONNECTOR POST $(P1) = P1 Paint Opts .Q = Light Gray $ 53.99 $ 323.9484 18Page 13 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 370 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2756-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE -- TAG/LOCATION: KEY 164-165 6.00 Hon HECSL L CONNECTOR STRAP -- TAG/LOCATION: KEY 164-165 $ 5.48 $ 32.8885 4.00 Hon HSCKTPS .X STRAIGHT CONNECTOR KIT .X = No Option -- TAG/LOCATION: KEY 164-165 $ 7.46 $ 29.8486 6.00 Hon HETC24 $(P1) .Q PANEL TOP CAP 24W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 164-165 $ 13.44 $ 80.6487 6.00 Hon HETC48 $(P1) .Q PANEL TOP CAP 48W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 164-165 $ 23.14 $ 138.8488 4.00 Hon HEFEC80P $(P1) .Q PANEL FINISHED END COVERS 80H $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 164-165 $ 24.88 $ 99.5289 2.00 Hon HH871124 ELECTRICAL PASS-THRU CABLE 25-1/2W 3-1 & 2-2 SYSTEMS -- TAG/LOCATION: KEY 164-165 $ 44.29 $ 88.5890 2.00 Hon HH871024 ELECTRICAL PASS-THRU W/O POWER BLOCK 24IN3-3 & 2-2 -- TAG/LOCATION: KEY 164-165 $ 40.81 $ 81.6291 2.00 Hon HH871248 ELECTRICAL POWER HARNESS 48W 3-1 & 2-2 SYSTEMS $ 73.40 $ 146.8092 18Page 14 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 371 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2756-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE -- TAG/LOCATION: KEY 164-165 2.00 Hon HH871148 ELECTRICAL PASS-THRU CABLE 48W 3-1 & 2-2 SYSTEMS -- TAG/LOCATION: KEY 164-165 $ 46.52 $ 93.0493 2.00 Hon HH879072 BASE IN-FEED CABLE BASE 3-1 & 2-2 SYSTEMS -- TAG/LOCATION: KEY 164-165 $ 77.88 $ 155.7694 2.00 Hon HH871504 .LOFT DUPLEX RECEPTACLE CIRCUIT 4 3-1 & 2-2 SYSTEMS .LOFT = Loft -- TAG/LOCATION: KEY 164-165 $ 14.93 $ 29.8695 2.00 Hon HH871502 .LOFT DUPLEX RECEPTACLE CIRCUIT 2 3-1 & 2-2 SYSTEMS .LOFT = Loft -- TAG/LOCATION: KEY 164-165 $ 14.93 $ 29.8696 2.00 Hon HH871501 .LOFT DUPLEX RECEPTACLE CIRCUIT 1 3-1 & 2-2 SYSTEMS .LOFT = PAINT: Loft -- TAG/LOCATION: KEY 164-165 $ 14.93 $ 29.8697 2.00 Hon H872 .L $(P1) .Q BRIGADE 800 SERIES LATERAL FILE 2 DRAWER 30W .L = Standard Random Key Lock $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 164-165 $ 483.75 $ 967.5098 2.00 Hon HVFB23R .L $(P1) .Q BOX/BOX/FILE 28H X 22 7/8D X 15W .L = Lock $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 164-165 $ 188.85 $ 377.7099 18Page 15 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 372 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2756-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE 4.00 Hon HCTL242 $(P1) .Q 24D CANTILEVER ONE PAIR $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 164-165 $ 28.37 $ 113.48100 12.00 Hon HWSB2 $(P1) .Q WORKSURFACE BRACKET KIT $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 164-165 $ 15.93 $ 191.16101 2.00 Hon HWR2424P $(L1STD) .LKI1 .KI .Q SYSTEMS RECT WORKSURFACE EDGEBAND 24D X 24W $(L1STD) = Grd L1 Standard Laminates .LKI1 = Kingswood Walnut .KI = Kingswood Walnut .Q = Light Gray -- TAG/LOCATION: KEY 164-165 $ 101.01 $ 202.02102 2.00 Hon HWC4824P $(L1STD) .LKI1 .KI .Q SYSTEMS CORNER WORKSURFACE 48WX24D EDGEBAND CURVED $(L1STD) = Grd L1 Standard Laminates .LKI1 = Kingswood Walnut .KI = Kingswood Walnut .Q = Light Gray -- TAG/LOCATION: KEY 164-165 $ 196.31 $ 392.62103 2.00 Hon HWR2448P $(L1STD) .LKI1 .KI .Q SYSTEMS RECTANGULAR WORKSURFACE EDGEBAND 24D X 48W $(L1STD) = Grd L1 Standard Laminates .LKI1 = Kingswood Walnut .KI = Kingswood Walnut .Q = Light Gray -- TAG/LOCATION: KEY 164-165 $ 133.36 $ 266.72104 2.00 Hon HRVOH24FM $(P1) .Q .L ABOUND OVERHEAD-METAL FLIPPER DOOR 24IN $(P1) = P1 Paint Opts .Q = Light Gray .L = Lock -- TAG/LOCATION: KEY 164-165 $ 183.37 $ 366.74105 18Page 16 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 373 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2756-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE 2.00 Hon HRVOH48FM $(P1) .Q .L ABOUND OVERHEAD-METAL FLIPPER DOOR 48IN $(P1) = P1 Paint Opts .Q = Light Gray .L = Lock -- TAG/LOCATION: KEY 164-165 $ 214.23 $ 428.46106 2.00 Hon HH870924 TASKLIGHT 24W -- TAG/LOCATION: KEY 164-165 $ 75.14 $ 150.28107 4.00 Hon HF23C .X164E LOCK CORE REPLACEMENT KIT BRUSHED CHROME .X164E = 164E -- TAG/LOCATION: KEY 164-165 $ 16.18 $ 64.72108 4.00 Hon HF23C .X165E LOCK CORE REPLACEMENT KIT BRUSHED CHROME .X165E = 165E -- TAG/LOCATION: KEY 164-165 $ 16.18 $ 64.72109 DELIVERY & INSTALLATION NORMAL BUSINESS HOURS M-F PRODUCT IN STORAGE FOR MORE THAN 13-DAYS WILL HAVE TO BE OPEN AND INSPECTED FOR FREIGHT DAMAGE INSPECTION FEES WILL APPLY STORAGE INCLUDED FOR UP TO 30-DAYS AFTER 30-DAYS STORAGE FEES WILL APPLY INCLUDES TRUCK FEES & FUEL SURCHARGE TRASH REMOVAL 110 18Page 17 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 374 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2756-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE WE ARE PLEASED TO QUOTE THE FOLLOWING ITEMS FOR YOUR APPROVAL. THESE ITEMS ARE SUBJECT TO THE TERMS AND CONDITIONS OF THE SALE WHICH ARE PART OF THIS AGREEMENT. THE MERCHANDISE WILL BE ORDERED UPON RECEIPT OF THIS SIGNED CONTRACT AND DEPOSIT. THIS OFFER WILL EXPIRE 30 DAYS FROM THE QUOTATION DATE. THIS QUOTATION, WHEN ACCEPTED IS A CONTRACT BINDING ON BOTH PARTIES AND IS NOT SUBJECT TO CHANGE OR CANCELLATION EXCEPT BY WRITTEN CONSENT BY BOTH PARTIES. SUBTOTAL $60,153.27 FREIGHT $0.00 LABOR INSTALLATION $11,012.00 LABOR ASSEMBLY (T)$0.00 SALES TAX (7.75%)$4,661.88 TOTAL $75,827.15 DEPOSIT REQUESTED $0.00 x Date 12/10/24 Kandee Mathews Quality Office Furnishings x Date Title CITY OF PALM DESERT Page 18 of 18 Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 375 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2757-CPD Kandee Mathews Net 30 PRESENTED TO: Accounts Payable CITY OF PALM DESERT 73510 Fred Waring Drive Palm Desert, CA 92260-2524 appw@palmdesert.gov Project Name / Location - TAG PHASE 4 WORKSTATIONS RFQ / BID # PER REQUEST RYAN LAMB DELIVERY / INSTALLATION LOCATION: Ryan Lamb CITY OF PALM DESERT 73510 Fred Waring Drive Palm Desert, CA 92260-2524 PH: 760-776-6416 C: 760-832-3035 rlamb@palmdesert.gov ESTIMATED LEAD TIME 6 WEEKS ARO PROJECTED INSTALL PER SCHEDULE (TBD) REVISION # WIP 1 DESIGNER Abril Reyes LABOR TYPE PREVAILING ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE 2.00 Hon HETP6524FP $(A) .CU 03 $(P1) .Q TACKABLE PANEL W/O TC 65H X 24W $(A) = Grd A Fabric .CU = Centurion 03 = Fog $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 166-167 $ 123.40 $ 246.801 10.00 Hon HETP6548FP $(A) .CU 03 $(P1) .Q TACKABLE PANEL W/O TC 65H X 48W $(A) = Grd A Fabric .CU = Centurion 03 = Fog $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 166-167 $ 158.24 $ 1,582.402 2.00 Hon HETP6536FP $(A) .CU 03 $(P1) .Q TACKABLE PANEL W/O TC 65H X 36W $(A) = Grd A Fabric .CU = Centurion 03 = Fog $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 166-167 $ 139.58 $ 279.163 2.00 Hon HES1524F $(A) .CU 03 FABRIC STACKER 15H X 24W $(A) = Grd A Fabric $ 73.64 $ 147.284 11Page 1 of[initial|req|signer1] EXHIBIT C-4Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 376 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2757-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE .CU = Centurion 03 = Fog -- TAG/LOCATION: KEY 166-167 10.00 Hon HES1548F $(A) .CU 03 FABRIC STACKER 15H X 48W $(A) = Grd A Fabric .CU = Centurion 03 = Fog -- TAG/LOCATION: KEY 166-167 $ 97.54 $ 975.405 2.00 Hon HES1536F $(A) .CU 03 FABRIC STACKER 15H X 36W $(A) = Grd A Fabric .CU = Centurion 03 = Fog -- TAG/LOCATION: KEY 166-167 $ 85.35 $ 170.706 4.00 Hon HEC80PLN $(P1) .Q 80H L CONNECTOR POST $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 166-167 $ 53.99 $ 215.967 4.00 Hon HECSL L CONNECTOR STRAP -- TAG/LOCATION: KEY 166-167 $ 5.48 $ 21.928 2.00 Hon HEC80PTN $(P1) .Q 80H T CONNECTOR POST $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 166-167 $ 52.25 $ 104.509 2.00 Hon HECST T CONNECTOR STRAP -- TAG/LOCATION: KEY 166-167 $ 7.96 $ 15.9210 5.00 Hon HSCKTPS .X STRAIGHT CONNECTOR KIT $ 7.46 $ 37.3011 11Page 2 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 377 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2757-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE .X = No Option -- TAG/LOCATION: KEY 166-167 2.00 Hon HETC24 $(P1) .Q PANEL TOP CAP 24W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 166-167 $ 13.44 $ 26.8812 10.00 Hon HETC48 $(P1) .Q PANEL TOP CAP 48W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 166-167 $ 23.14 $ 231.4013 2.00 Hon HETC36 $(P1) .Q PANEL TOP CAP 36W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 166-167 $ 20.40 $ 40.8014 4.00 Hon HEFEC80P $(P1) .Q PANEL FINISHED END COVERS 80H $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 166-167 $ 24.88 $ 99.5215 2.00 Hon HESDMK36 $(P1) .Q ACCELERATE SLIDING DOOR FRAME 36W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 166-167 $ 60.21 $ 120.4216 2.00 Hon HH18042SD $(P1) .Q ABOUND SLIDING DOOR 80H X 42W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 166-167 $ 968.87 $ 1,937.7417 1.00 Hon HH879072 $ 77.88 $ 77.8818 11Page 3 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 378 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2757-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE BASE IN-FEED CABLE BASE 3-1 & 2-2 SYSTEMS -- TAG/LOCATION: KEY 166-167 2.00 Hon HH871148 ELECTRICAL PASS-THRU CABLE 48W 3-1 & 2-2 SYSTEMS -- TAG/LOCATION: KEY 166-167 $ 46.52 $ 93.0419 2.00 Hon HH871248 ELECTRICAL POWER HARNESS 48W 3-1 & 2-2 SYSTEMS -- TAG/LOCATION: KEY 166-167 $ 73.40 $ 146.8020 2.00 Hon HH871501 .LOFT DUPLEX RECEPTACLE CIRCUIT 1 3-1 & 2-2 SYSTEMS .LOFT = Loft -- TAG/LOCATION: KEY 166-167 $ 14.93 $ 29.8621 2.00 Hon HH871504 .LOFT DUPLEX RECEPTACLE CIRCUIT 4 3-1 & 2-2 SYSTEMS .LOFT = Loft -- TAG/LOCATION: KEY 166-167 $ 14.93 $ 29.8622 2.00 Hon HH871502 .LOFT DUPLEX RECEPTACLE CIRCUIT 2 3-1 & 2-2 SYSTEMS .LOFT = PAINT: Loft -- TAG/LOCATION: KEY 166-167 $ 14.93 $ 29.8623 2.00 Hon H872 .L $(P1) .Q BRIGADE 800 SERIES LATERAL FILE 2 DRAWER 30W .L = Standard Random Key Lock $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 166-167 $ 483.75 $ 967.5024 4.00 Hon HCTL242 $(P1) .Q 24D CANTILEVER ONE PAIR $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 166-167 $ 28.37 $ 113.4825 11Page 4 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 379 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2757-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE 2.00 Hon HVFB23R .L $(P1) .Q BOX/BOX/FILE 28H X 22 7/8D X 15W .L = Lock $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 166-167 $ 188.85 $ 377.7026 6.00 Hon HWSB2 $(P1) .Q WORKSURFACE BRACKET KIT $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 166-167 $ 15.93 $ 95.5827 4.00 Hon HWR2448P $(L1STD) .LKI1 .KI .Q SYSTEMS RECTANGULAR WORKSURFACE EDGEBAND 24D X 48W $(L1STD) = Grd L1 Standard Laminates .LKI1 = Kingswood Walnut .KI = Kingswood Walnut .Q = Light Gray -- TAG/LOCATION: KEY 166-167 $ 133.36 $ 533.4428 2.00 Hon HWC4824P $(L1STD) .LKI1 .KI .Q SYSTEMS CORNER WORKSURFACE 48WX24D EDGEBAND CURVED $(L1STD) = Grd L1 Standard Laminates .LKI1 = Kingswood Walnut .KI = Kingswood Walnut .Q = Light Gray -- TAG/LOCATION: KEY 166-167 $ 196.31 $ 392.6229 4.00 Hon HRVOH48FM $(P1) .Q .L ABOUND OVERHEAD-METAL FLIPPER DOOR 48IN $(P1) = P1 Paint Opts .Q = Light Gray .L = Lock -- TAG/LOCATION: KEY 166-167 $ 214.23 $ 856.9230 4.00 Hon HH870924 TASKLIGHT 24W -- TAG/LOCATION: KEY 166-167 $ 75.14 $ 300.5631 11Page 5 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 380 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2757-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE 4.00 Hon HF23C .X166E LOCK CORE REPLACEMENT KIT BRUSHED CHROME .X166E = 166E -- TAG/LOCATION: KEY 166-167 $ 16.18 $ 64.7232 4.00 Hon HF23C .X167E LOCK CORE REPLACEMENT KIT BRUSHED CHROME .X167E = 167E -- TAG/LOCATION: KEY 166-167 $ 16.18 $ 64.7233 2.00 Hon HETP6524FP $(A) .CU 03 $(P1) .Q TACKABLE PANEL W/O TC 65H X 24W $(A) = Grd A Fabric .CU = Centurion 03 = Fog $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 168-169 $ 123.40 $ 246.8034 10.00 Hon HETP6548FP $(A) .CU 03 $(P1) .Q TACKABLE PANEL W/O TC 65H X 48W $(A) = Grd A Fabric .CU = Centurion 03 = Fog $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 168-169 $ 158.24 $ 1,582.4035 2.00 Hon HETP6536FP $(A) .CU 03 $(P1) .Q TACKABLE PANEL W/O TC 65H X 36W $(A) = Grd A Fabric .CU = Centurion 03 = Fog $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 168-169 $ 139.58 $ 279.1636 2.00 Hon HES1524F $(A) .CU 03 FABRIC STACKER 15H X 24W $(A) = Grd A Fabric .CU = Centurion $ 73.64 $ 147.2837 11Page 6 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 381 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2757-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE 03 = Fog -- TAG/LOCATION: KEY 168-169 10.00 Hon HES1548F $(A) .CU 03 FABRIC STACKER 15H X 48W $(A) = Grd A Fabric .CU = Centurion 03 = Fog -- TAG/LOCATION: KEY 168-169 $ 97.54 $ 975.4038 2.00 Hon HES1536F $(A) .CU 03 FABRIC STACKER 15H X 36W $(A) = Grd A Fabric .CU = Centurion 03 = Fog -- TAG/LOCATION: KEY 168-169 $ 85.35 $ 170.7039 4.00 Hon HEC80PLN $(P1) .Q 80H L CONNECTOR POST $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 168-169 $ 53.99 $ 215.9640 4.00 Hon HECSL L CONNECTOR STRAP -- TAG/LOCATION: KEY 168-169 $ 5.48 $ 21.9241 2.00 Hon HEC80PTN $(P1) .Q 80H T CONNECTOR POST $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 168-169 $ 52.25 $ 104.5042 2.00 Hon HECST T CONNECTOR STRAP -- TAG/LOCATION: KEY 168-169 $ 7.96 $ 15.9243 5.00 Hon HSCKTPS .X STRAIGHT CONNECTOR KIT .X = No Option $ 7.46 $ 37.3044 11Page 7 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 382 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2757-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE -- TAG/LOCATION: KEY 168-169 2.00 Hon HETC24 $(P1) .Q PANEL TOP CAP 24W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 168-169 $ 13.44 $ 26.8845 10.00 Hon HETC48 $(P1) .Q PANEL TOP CAP 48W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 168-169 $ 23.14 $ 231.4046 2.00 Hon HETC36 $(P1) .Q PANEL TOP CAP 36W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 168-169 $ 20.40 $ 40.8047 4.00 Hon HEFEC80P $(P1) .Q PANEL FINISHED END COVERS 80H $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 168-169 $ 24.88 $ 99.5248 2.00 Hon HESDMK36 $(P1) .Q ACCELERATE SLIDING DOOR FRAME 36W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 168-169 $ 60.21 $ 120.4249 2.00 Hon HH18042SD $(P1) .Q ABOUND SLIDING DOOR 80H X 42W $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 168-169 $ 968.87 $ 1,937.7450 1.00 Hon HH879072 BASE IN-FEED CABLE BASE 3-1 & 2-2 SYSTEMS $ 77.88 $ 77.8851 11Page 8 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 383 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2757-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE -- TAG/LOCATION: KEY 168-169 2.00 Hon HH871148 ELECTRICAL PASS-THRU CABLE 48W 3-1 & 2-2 SYSTEMS -- TAG/LOCATION: KEY 168-169 $ 46.52 $ 93.0452 2.00 Hon HH871248 ELECTRICAL POWER HARNESS 48W 3-1 & 2-2 SYSTEMS -- TAG/LOCATION: KEY 168-169 $ 73.40 $ 146.8053 2.00 Hon HH871501 .LOFT DUPLEX RECEPTACLE CIRCUIT 1 3-1 & 2-2 SYSTEMS .LOFT = Loft -- TAG/LOCATION: KEY 168-169 $ 14.93 $ 29.8654 2.00 Hon HH871504 .LOFT DUPLEX RECEPTACLE CIRCUIT 4 3-1 & 2-2 SYSTEMS .LOFT = Loft -- TAG/LOCATION: KEY 168-169 $ 14.93 $ 29.8655 2.00 Hon HH871502 .LOFT DUPLEX RECEPTACLE CIRCUIT 2 3-1 & 2-2 SYSTEMS .LOFT = PAINT: Loft -- TAG/LOCATION: KEY 168-169 $ 14.93 $ 29.8656 2.00 Hon H872 .L $(P1) .Q BRIGADE 800 SERIES LATERAL FILE 2 DRAWER 30W .L = Standard Random Key Lock $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 168-169 $ 483.75 $ 967.5057 4.00 Hon HCTL242 $(P1) .Q 24D CANTILEVER ONE PAIR $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 168-169 $ 28.37 $ 113.4858 11Page 9 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 384 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2757-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE 2.00 Hon HVFB23R .L $(P1) .Q BOX/BOX/FILE 28H X 22 7/8D X 15W .L = Lock $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 168-169 $ 188.85 $ 377.7059 6.00 Hon HWSB2 $(P1) .Q WORKSURFACE BRACKET KIT $(P1) = P1 Paint Opts .Q = Light Gray -- TAG/LOCATION: KEY 168-169 $ 15.93 $ 95.5860 4.00 Hon HWR2448P $(L1STD) .LKI1 .KI .Q SYSTEMS RECTANGULAR WORKSURFACE EDGEBAND 24D X 48W $(L1STD) = Grd L1 Standard Laminates .LKI1 = Kingswood Walnut .KI = Kingswood Walnut .Q = Light Gray -- TAG/LOCATION: KEY 168-169 $ 133.36 $ 533.4461 2.00 Hon HWC4824P $(L1STD) .LKI1 .KI .Q SYSTEMS CORNER WORKSURFACE 48WX24D EDGEBAND CURVED $(L1STD) = Grd L1 Standard Laminates .LKI1 = Kingswood Walnut .KI = Kingswood Walnut .Q = Light Gray -- TAG/LOCATION: KEY 168-169 $ 196.31 $ 392.6262 4.00 Hon HRVOH48FM $(P1) .Q .L ABOUND OVERHEAD-METAL FLIPPER DOOR 48IN $(P1) = P1 Paint Opts .Q = Light Gray .L = Lock -- TAG/LOCATION: KEY 168-169 $ 214.23 $ 856.9263 4.00 Hon HH870924 TASKLIGHT 24W -- TAG/LOCATION: KEY 168-169 $ 75.14 $ 300.5664 11Page 10 of[initial|req|signer1] Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 385 QUALITY OFFICE FURNISHINGS, INC. 23825 Via Del Rio Yorba Linda, CA, 92887 T: (714) 278-9801 F: Email cs@qualityofficefurn.com Quality Office Furnishings is a woman owned, small business PROPOSAL DATE PROPOSAL # ACCOUNT MGR PAYMENT TERMS 12/10/24 2757-CPD Kandee Mathews Net 30 ITEM #QTY PRODUCT UNIT PRICE EXT. PRICE 4.00 Hon HF23C .X168E LOCK CORE REPLACEMENT KIT BRUSHED CHROME .X168E = 168E -- TAG/LOCATION: KEY 168-169 $ 16.18 $ 64.7265 4.00 Hon HF23C .X169E LOCK CORE REPLACEMENT KIT BRUSHED CHROME .X169E = 169E -- TAG/LOCATION: KEY 168-169 $ 16.18 $ 64.7266 DELIVERY & INSTALLATION NORMAL BUSINESS HOURS M-F PRODUCT IN STORAGE FOR MORE THAN 13-DAYS WILL HAVE TO BE OPEN AND INSPECTED FOR FREIGHT DAMAGE INSPECTION FEES WILL APPLY STORAGE INCLUDED FOR UP TO 30-DAYS AFTER 30-DAYS STORAGE FEES WILL APPLY INCLUDES TRUCK FEES & FUEL SURCHARGE TRASH REMOVAL 67 WE ARE PLEASED TO QUOTE THE FOLLOWING ITEMS FOR YOUR APPROVAL. THESE ITEMS ARE SUBJECT TO THE TERMS AND CONDITIONS OF THE SALE WHICH ARE PART OF THIS AGREEMENT. THE MERCHANDISE WILL BE ORDERED UPON RECEIPT OF THIS SIGNED CONTRACT AND DEPOSIT. THIS OFFER WILL EXPIRE 30 DAYS FROM THE QUOTATION DATE. THIS QUOTATION, WHEN ACCEPTED IS A CONTRACT BINDING ON BOTH PARTIES AND IS NOT SUBJECT TO CHANGE OR CANCELLATION EXCEPT BY WRITTEN CONSENT BY BOTH PARTIES. SUBTOTAL $20,857.28 FREIGHT $0.00 LABOR INSTALLATION $4,048.00 LABOR ASSEMBLY (T)$0.00 SALES TAX (7.75%)$1,616.44 TOTAL $26,521.72 DEPOSIT REQUESTED $0.00 x Date 12/10/24 Kandee Mathews Quality Office Furnishings x Date Title CITY OF PALM DESERT Page 11 of 11 Docusign Envelope ID: E9992F00-7D0A-41D6-B4BB-B966080B9B17 386 05.15.2025 Phase 1 New Carpet Approx. 3,700 SF General Notes: 1. Modify t-bar ceiling at all locations of new and demo'd walls. 2. Safe off and remove all power and data in walls being demo'd. (Not all power and data locations are shown on this plan. Contractor to field verify.) 3. Patch and refinish drywall at all demo locations. Wall finish at all patches and new walls to match existing. 4. Connect new cubicles to building power. 5. Run data through new cubicles and connect to building. 6. Plans reflect layout for new cubicles. Contractor to field verify existing office furniture and cubicles to be relocated and/ or removed. 7. New paint throughout all areas of work HUMAN RESOURCES CITY CLERK CITY MANAGER Demo existing wall New walls, door, power & data in red. Re-wire existing light fixtures to new switch. Modify mechanical supply/ return as needed. 60"60" Approx. 14 SF New Tile Casework Existing - Replace w/ New Add New Existing door to be framed in Elec. Filing See Sheet A3.1 387 Phase 2 New Carpet Approx. 4,600 SF Existing track shelving to be demo'd Existing casework to be demo'd Phase 1 Raise Wall 6" to Ceiling Casework Existing - Replace w/ New Existing shelving to be demo'd 05.15.2025 388 Phase 3 New Carpet Approx. 2,500 SF Elec.Elec.Elec. Data Existing door to be framed in S Reverse door swing to be as shown New walls, door, power & data in red. Re-wire existing light fixtures to new switch. 05.15.2025 389 Phase 4 Janitor Mail Existing casework to be demo'd Existing - Replace w/ New Casework Approx. 475 SF New Tile New Carpet Approx. 1,600 SF 05.15.2025 390 Phase 5 Demo existing partition wall Repair floor trench Demo existing wall Existing door to be framed inExisting door to be framed in New walls, door, power & data in red. Re-wire existing light fixtures to new switch. Modify mechanical supply/ return as needed. S S New Carpet Approx. 790 SF Break Room Bldg. Inspectors 05.15.2025 391 Phase 6 Approx. 875 SF New Carpet Storage Existing ceiling mounted track lights to be removed 05.15.2025 392 393 394 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 10, 2025 PREPARED BY: Randy Chavez, Director of Public Works SUBJECT: AUTHORIZE CITY MANAGER TO AWARD CONTRACT TO JEREMY HARRIS CONSTRUCTION, INC., FOR NUISANCE SOIL REMOVAL (PROJECT NO. SCC00001) RECOMMENDATION: 1. Authorize the City Manager to award a construction agreement to Jeremy Harris Construction, Inc., of Riverside, California, for the Nuisance Soil Removal Project for total compensation of $529,998, plus $105,000 contingency for unforeseen conditions. 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 written requests for change orders up to the contingency amount, amendments, and any other documents necessary to effectuate this action, in accordance with Palm Desert Municipa l Code Section 3.30.170. 4. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the Project. 5. Reject all bids opened on October 29, 2024. BACKGROUND/ANALYSIS: The subject property, a privately owned parcel, formerly part of a golf course, is located within the boundaries of California Drive to the south, Kentucky Avenue to the west and north, and Tennessee Avenue to the east. Approximately 12,000 cubic yards of stockpiled so il remains on- site. The accumulated soil has generated significant concern among neighboring residents due to its appearance, potential environmental impacts, and perceived nuisance. To address these concerns, the City of Palm Desert (City ) initiated legal proceedings to obtain court authorization for site access and recovery of cleanup costs from the property owner. While the legal case was pending, the City moved forward with a competitive bid process to ensure readiness upon securing access. The initial bid solicitation concluded with a public bid opening on October 29, 2024, during which multiple competitive proposals were received. All bidders were advised that their submissions must remain valid through April 27, 2025, to accommodate t he ongoing legal process. However, because the lawsuit remained unresolved and the bid -hold period has since expired, the previous bids are no longer valid. As a result, staff is requesting that the City Council formally reject all expired bids. DISCUSSION Following the expiration of prior bids, staff issued a new Notice Inviting Bids (NIB) on May 16, 2025, through the City’s procurement platform, OpenGov (Project ID 2025-IFB-188) and closed on June 17, 2025. 395 City of Palm Desert Award Contract for Nuisance Soil Removal Page 2 of 2 Three responsive bids were received with the following results: Contractor Location Rank Total Bid Staff found the bid from the lowest bidder, Jeremy Harris Construction, Inc., to be responsive and recommend awarding the project to them in the amount of $529,998, with an additional $105,000 contingency. In accordance with bid requirements, the contracto r has agreed to hold their price for 270 days. Since the soil removal is related to a pending lawsuit, it is uncertain whether the City will ultimately be required to complete the work. However, to be prepared and respond as quickly as possible should the need arise, staff recommend that the City Council authorize the City Manager to award the contract in the amounts stated above, without the need for further Council action. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: The Public Works Department proposed Capital Improvement Project (CIP) List for Fiscal Year 2025/26 includes $650,000 for the Nuisance Soil Removal under Account No. 4004300- 4309000, Cap-Improvements. The construction cost including contingency totals $634,998; therefore, there is no further financial impact to the general fund with this action. ATTACHMENTS: 1. Construction Agreement 2. Payment and Performance Bonds 3. Proposal 396 Contract No. ___________ 1 Revised 01-2024 BBK 72500.00001\32374943.1 CITY OF PALM DESERT CONTRACT FOR CONSTRUCTION This Agreement is made and entered into this __ day of ____, 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 Jeremy Harris Construction, Inc, an S Corporation, with its principal place of business at 3921 Alamo Street, Riverside, California 92501 ("Contractor"). WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project: Nuisance Soil Removal Project Project No. SCC00001 (hereinafter referred to as “the Project”). Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation. ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 30 Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, including all applicable taxes and costs, the sum of Five Hundred Twenty-Nine Thousand Nine Hundred Ninety-Eight Dollars ($529,998). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule. ARTICLE 4. LIQUIDATED DAMAGES. Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,000.00 for each and every Day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not 397 Contract No. ___________ 2 Revised 01-2024 BBK 72500.00001\32374943.1 exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor. ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following: Notice Inviting Bids Instructions to Bidders Bid Forms Bid Acknowledgement Bid Schedule Bid Guarantee Designation of Subcontractors Information Required of Bidders Non-Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor DIR Registration Certification Performance Bond Payment (Labor and Materials) Bond Contract for Construction General Conditions Special Conditions Specifications Addenda Construction Plans and Drawings Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9 Standard Plans of the City of Palm Desert, latest edition Standard Plans for Public Works Construction, latest edition Caltrans Standard Specifications, latest edition, Except Division 1 Caltrans Standard Plans, latest edition California Manual on Traffic Control Devices for Streets and Highways (CAMUTCD), latest edition Work Area Traffic Control Handbook, latest edition Reference Specifications Approved and fully executed Change Orders Permits Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties. 398 Contract No. ___________ 3 Revised 01-2024 BBK 72500.00001\32374943.1 ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. ARTICLE 7. INDEMNIFICATION AND INSURANCE A. Indemnification 1. To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify, and hold harmless the City, its officials, officers, agents, employees, and representatives, and each of them from and against: (a) Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers; (b) Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements; (c) Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; (d) Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under Co ntract. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party. 399 Contract No. ___________ 4 Revised 01-2024 BBK 72500.00001\32374943.1 2. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the counsel of the City choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees, and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees, and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782. 3. The provisions of this Article shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in whole or part of the Work shall waive or release any of the provisions of this Article. B. Insurance Without limiting Contractor’s indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide, and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. 1. General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $4,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. 2. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. 3. Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automotive liability and employer’s liability. Such policy or policies shall include the following terms and conditions: A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; 400 Contract No. ___________ 5 Revised 01-2024 BBK 72500.00001\32374943.1 (a) Pay on behalf of wording as opposed to reimbursement; and (b) Concurrency of effective dates with primary policies; and (c) Policies shall “follow form” to the underlying primary policies; and (d) Insureds under primary policies shall also be insureds under the umbrella or excess policies. 4. Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers. 5. Fidelity Coverage. [Reserved]. 6. Pollution Liability Insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations”. The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites. C. Other Provisions or Requirements 1. Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right t o require complete, certified copies of all required insurance policies, at any time. 2. Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees, or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The City and its officers, officials, employees, and agents shall continue as additional insureds under such policies. 3. Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be 401 Contract No. ___________ 6 Revised 01-2024 BBK 72500.00001\32374943.1 satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured. 4. Products/Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage. 5. City’s Rights of Enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract. 6. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. 7. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors. 8. Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 9. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained 402 Contract No. ___________ 7 Revised 01-2024 BBK 72500.00001\32374943.1 by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 10. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) Day notice of cancellation (except for nonpayment for which a ten (10) Day notice is required) or nonrenewal of coverage for each required coverage. 11. Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Coverage shall be at least as broad as coverage provided by ISO’s Owners, Lessees, or Contractors Additional Insured Endorsement for the ongoing (i.e. ISO Form CG 20 10 07 04) and completed operations (i.e. ISO Form CG 20 37 07 04) of Contractor. 12. Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 13. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. 14. Pass Through Clause. Contractor agrees to ensure that its sub-consultants, sub- contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. 15. City’s Right to Revise Requirements. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) Days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. 16. Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. 17. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Contract, and that involve or may involve coverage under any of the required liability policies. 403 Contract No. ___________ 8 Revised 01-2024 BBK 72500.00001\32374943.1 18. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 19. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. ARTICLE 9. FALSE CLAIMS. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [SIGNATURES ON FOLLOWING PAGE] 404 Contract No. ___________ 9 Revised 01-2024 BBK 72500.00001\32374943.1 SIGNATURE PAGE TO LONG FORM CONSTRUCTION AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND JEREMY HARRIS CONSTRUCTION, INC IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF PALM DESERT JEREMY HARRIS CONSTRUCTION, INC, A CORPORATION Contractor’s License Number and if applicable City Clerk QC: _____ Contracts QC: _____ Insurance: _____ Initial Review _____ Final Approval _____ Bonds 405 406 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 Jeremy Harris Construction, Inc., (hereinafter referred to as the “Contractor”) an agreement for Nuisance Soil Removal Project (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated July 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, Jeremy Harris Construction, Inc., the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Five Hundred Twenty-Nine Thousand Nine Hundred Ninety-Eight Dollars ($529.998), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law, or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or 407 Contract No. ___________ (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in def ault, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] 408 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: NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. 409 Contract No. ___________ NOTE: This acknowledgment is to be completed for Contractor/Principal. Notary Acknowledgment 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 410 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 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 411 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 July 10, 2025, has awarded to Jeremy Harris Construction, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows: Nuisance Soil Removal Project (the “Project”).; and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated July 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 Five Hundred Twenty-Nine Thousand Nine Hundred Ninety-Eight Dollars ($529.998) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or 412 Contract No. ___________ attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] 413 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. 414 Contract No. ___________ NOTE: This acknowledgment is to be completed for Contractor/Principal. Notary Acknowledgment 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 415 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 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 416 City of Palm Desert PW - Operations & Maintenance Randy Chavez, Director of Public Works 73-510 Fred Waring Drive, Palm Desert, CA 92260 [JEREMY HARRIS CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT NIB No. 2025-IFB-188 Nuisance Soil Removal Project RESPONSE DEADLINE: June 17, 2025 at 2:00 pm Report Generated: Tuesday, June 24, 2025 Jeremy Harris Construction, Inc. Response CONTACT INFORMATION Company: Jeremy Harris Construction, Inc. Email: abeb@jhcinc.net Contact: Jeremy Harris Address: 3921 Alamo Street Riverside, CA 92501 Phone: (951) 215-0771 Website: Jeremyharrisconstruction.co Submission Date: Jun 17, 2025 12:20 PM (Pacific Time) 417 [JEREMY HARRIS CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT NIB No. 2025-IFB-188 Nuisance Soil Removal Project [JEREMY HARRIS CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Nuisance Soil Removal Project Page 2 ADDENDA CONFIRMATION Addendum #1 Confirmed Jun 11, 2025 12:49 PM by Jeremy Harris Addendum #2 Confirmed Jun 11, 2025 12:49 PM by Jeremy Harris QUESTIONNAIRE 1. BID ACKNOWLEDGMENT* To the City of Palm Desert, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260. 1. In response to the Contract Documents for project number SCC00001 and in accordance with the accompanying Instructions to Bidders, the undersigned hereby proposes to the City to furnish all labor, technical and professional services, supervision, materials and equipment, other than materials and equipment specified as furnished by the City, and to perform all operations necessary and required to construct the Project in accordance with the provisions of the Contract Documents and any addenda thereto, and at the prices stated opposite the respective items set forth in the Bid Schedule. 2. This Bid constitutes a firm offer to the City which cannot be withdrawn for 270 calendar days after the date set for opening of Bids, or until a Contract is executed by the City and a third party, whichever is earlier. 3. The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that it has carefully checked all of the words and figures shown in its Bid Schedule; that it has carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the City will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid. 4. If awarded a Contract, the undersigned agrees to execute and deliver to the City within ten (10) Days after date of receipt o f Notice of Award, a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements. 418 [JEREMY HARRIS CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT NIB No. 2025-IFB-188 Nuisance Soil Removal Project [JEREMY HARRIS CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Nuisance Soil Removal Project Page 3 5. All Bid Forms, which have been completed and executed by undersigned Bidder, are incorporated by this reference and made a part of this Bid. 6. The undersigned is hereby representing that it is and will be properly licensed both at the time that it submits a Bid as well as at the time the Contract is awarded, if the Contract is awarded to the undersigned. A. If Individual Contractor. Undersigned certifies that it is now licensed in accordance with the provisions of the Contractor's License Law of the State of California; or B. If Joint Venture. Undersigned certifies that the individual members of the joint venture are now licensed in accordance with the provisions of the Contractor's License Law of the State of California. I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct. Confirmed 2. BID SCHEDULE* IMPORTANT: THE ELECTRONIC #BID SCHEDULE MUST BE COMPLETED BY EACH BIDDER AND PROPERLY SUBMITTED ON OPENGOV PROCUREMENT. FAILURE TO COMPLETE THE BID SCHEDULE WILL RESULT IN AN INCOMPLETE AND NON-RESPONSIVE BID. THE ELECTRONIC BID SCHEDULE WILL BE INCORPORATED INTO THE CONTRACT DOCUMENTS. The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are t o be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work. All blank s paces appearing in the Electronic Bid Schedule must be filled in. Failure to fill in any blank spaces may render t he bid non-responsive. The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation th at the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price. 419 [JEREMY HARRIS CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT NIB No. 2025-IFB-188 Nuisance Soil Removal Project [JEREMY HARRIS CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Nuisance Soil Removal Project Page 4 If the Contract Documents specify Alternate Bid items, the City can choose to include any, all, or none of the Alternate Bid items in the Work. If the City selects any of the Alternate Bid items, the corresponding Alternate Bid prices shall be added to or deducted from Base Bid Price for the Work. The City can award/select Alternate Bid items at any time(s). I certify that I have read, understood the above statement. Confirmed 3. BID GUARANTEE* IF SUBMITTING AN ORIGINAL BID BOND: Please download the Bid Bond Form under #ATTACHMENTS, and Mail or hand deliver in a sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope to the City Clerk's Office located at 73-510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline. IF SUBMITTING CASH OR CASHIER'S CHECK: Mail or hand deliver in a sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope to the City Clerk's Office located at 73 -510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline. IF SUBMITTING AN E-BID BOND: follow E-Bid Bond instructions. Hard Copy Original Bid Bond (delivered before bid submittal deadline) 4. E-Bid Bond Please enter your Bid Bond information from Surety2000 below ONLY IF YOU ARE NOT SUBMITTING A HARD COPY BID BOND, CASH, OR CASHIER'S CHECK. Bond ID: No response submitted Vendor ID: No response submitted 5. Enter Surety Company "Name" who Issued Bid Guarantee * This information will be verified against the California Department of Insurance Website. 420 [JEREMY HARRIS CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT NIB No. 2025-IFB-188 Nuisance Soil Removal Project [JEREMY HARRIS CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Nuisance Soil Removal Project Page 5 Bid Exchange Click to Verify Value will be copied to clipboard 6. DESIGNATION OF SUBCONTRACTORS* Please download the below documents, complete, and upload. • DESIGNATION_OF_SUBCONTRACTO... No_Subs.pdf 7. 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, par tnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by ag reement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, d irectly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent there of to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liabil ity company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correc t. Confirmed 421 [JEREMY HARRIS CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT NIB No. 2025-IFB-188 Nuisance Soil Removal Project [JEREMY HARRIS CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Nuisance Soil Removal Project Page 6 8. PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION* Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information. No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations. Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges: 1. Bidder shall maintain a current DIR registration for the duration of the project. 2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ens ure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. 3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non- responsive. Confirmed 9. 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. 1000001177 Click to Verify Value will be copied to clipboard 10. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database. 924979 Click to Verify Value will be copied to clipboard 422 [JEREMY HARRIS CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT NIB No. 2025-IFB-188 Nuisance Soil Removal Project [JEREMY HARRIS CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Nuisance Soil Removal Project Page 7 11. CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION* I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract. Confirmed 12. Fleet Compliance Certification* I hereby acknowledge that I have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Reg ulation”). I hereby certify, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct: The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. 13. Fleet Compliance Documentation* Please attach supporting documentation for the selection made in the above item. ARB_Certificate.pdf 14. Type of Business* S Corporation (if corporation, two signatures are required) 15. Type your Legal Company Name Here* State your Company's Name Here. This will be verified against the California Secretary of State's Website. Jeremy Harris Construction, Inc. Click to Verify Value will be copied to clipboard 423 [JEREMY HARRIS CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT NIB No. 2025-IFB-188 Nuisance Soil Removal Project [JEREMY HARRIS CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Nuisance Soil Removal Project Page 8 16. How many years has Bidder’s organization been in business as a Contractor? * 17 years 17. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (If two (2) signatures are required, include the following information for both signatories) 1. Full Name 2. Title 3. Physical Business Address 4. Email Address 5. Phone Number 1. Jeremy Harris 2. Owner/ Vice president 3. 3921 Alamo Street. Riverside CA 92501 4. info@jhcinc.net 5. 951-215-0771 18. Nondiscrimination Certification* The City of Palm Desert is committed to promoting equal opportunity in its contracting activities. We ensure that all individuals seeking to do business with the city treat contractors, subcontractors, and employees fairly, without discrimination based on race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, sexual orientation, or membership in any other protected class. For any purchase exceeding $10,000, vendors must certify compliance with the City’s nondiscrimination policy (G.C. 3.30.200) before contract award. No contract will be awarded until the contractor submits this certification. 424 [JEREMY HARRIS CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT NIB No. 2025-IFB-188 Nuisance Soil Removal Project [JEREMY HARRIS CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT PUBLIC WORKS - Nuisance Soil Removal Project Page 9 By clicking the confirmation box below, the vendor certifies that they have read the code and agree to comply with its requirements. Failure to comply may result in termination of any agreement entered into with the vendor. Confirmed PRICE TABLES Line Item Description Quantity Unit of Measure Unit Cost Total 1 Nuisance soil removal 1 LS $529,998.00 $529,998.00 TOTAL $529,998.00 425 426 427 428 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 10, 2025 PREPARED BY: Julia Breyer, Project Manager Chris Gerry, Senior Project Manager SUBJECT: AWARD CONTRACT TO ST. FRANCIS ELECTRIC, LLC, FOR ON-CALL TRAFFIC SIGNAL MAINTENANCE AND EMERGENCY RESPONSE SERVICES RECOMMENDATION: 1. Award a Maintenance Services Agreement to St. Francis Electric, LLC. for On-call Traffic Signal Maintenance and Emergency Response Services at an annual not-to-exceed amount of $200,000, for a three-year term with two 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, amendments, change orders, and any other documents necessary to effectuate this action. BACKGROUND/ANALYSIS: The City of Palm Desert performs routine traffic signal maintenance through City crews but supplements this service annually through a contracted vendor to support both routine and emergency maintenance needs. These services include:  Emergency response to signal malfunctions or knockdowns  Routine inspection and maintenance of signal equipment  Repairs resulting from wear and tear, collisions, or vandalism These services ensure continued safety and operational reliability of traffic signal infrastructure citywide. The City released a Request for Proposals (RFP) on June 2, 2025, through the City’s bid management portal OpenGov (Project ID: 2025-RFP-192), and received five proposals by the deadline of June 25, 2025. A selection committee evaluated the submissions based on clarity, quality of the work plan, experience and qualification of the proposer and assigned staff, references from similar municipal clients and cost. The proposals were ranked as follows: Vendor Location Rank St. Francis Electric, LLC Riverside, CA 1 Crosstown Electrical & Data, Inc. Irwindale, CA 2 Yunex, LLC Riverside, CA 3 Econolite Systems, Inc. Anaheim, CA 4 Bear Electrical Solutions, LLC Alviso, CA 5 429 City of Palm Desert Award Contract for On-Call Traffic Maintenance Page 2 of 2 The City has previously engaged St. Francis Electric, LLC for similar services and has consistently experienced positive outcomes regarding responsiveness, technical expertise, and quality of work. Additionally, the hourly rates proposed by St. Francis Electric are competitive, being either lower than or comparable to those submitted by other proposers. Based on the committee’s evaluation and the City’s prior experience, staff recommends awarding the contract to St. Francis Electric, LLC for an initial three-year term, with the option to extend for two additional one-year periods, contingent upon satisfactory performance and the availability of funding. Legal Review: This report has been reviewed by the City Attorney’s office. FINANCIAL IMPACT: The Public Works Department’s approved operations budget for Fiscal Year 2025/26 includes a total of $200,000 under Account No. 1104250 -4332500 (Repairs and Maintenance, Traffic Signals) to support On-Call Traffic Signal Maintenance and Emergency Response Services. As such, there is no additional financial impact on the general fund. Funding for this agreement in future fiscal years will be subject to City Council approval. ATTACHMENTS: 1. Maintenance Services Agreement 2. Payment and Performance Bonds 3. Contractor’s Proposal 430 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 July, 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 St. Francis Electric, LLC, a Limited Liability Company, with its principal place of business at 2100 Iowa Avenue, Riverside, CA 92507 ("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 Traffic Signal Maintenance & Emergency Response Services Project (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 July 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 431 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 Chris Gerry, Senior Project 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 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 Guy Smith, President, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees, and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. 432 Contract No. ___________ 3 Revised 01-2024 BBK 72500.00001\32374943.1 Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Period of Performance. 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 433 Contract No. ___________ 4 Revised 01-2024 BBK 72500.00001\32374943.1 initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.5 Water Quality Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor to penalties, fines, or additional regulatory requirements. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Contractor’s indemnification of City, and prior to commencement of the Services, Contractor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single lim it 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 434 Contract No. ___________ 5 Revised 01-2024 BBK 72500.00001\32374943.1 circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (a) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (b) Pay on behalf of wording as opposed to reimbursement; (c) Concurrency of effective dates with primary policies; and (d) Policies shall “follow form” to the underlying primary policies. (e) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (D) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives. (E) Fidelity Coverage. Reserved. (F) Cyber Liability Insurance. Reserved. (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 require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, employees, or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a 435 Contract No. ___________ 6 Revised 01-2024 BBK 72500.00001\32374943.1 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 to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City, its elected or appointed officers, and their respective agents, officials, 436 Contract No. ___________ 7 Revised 01-2024 BBK 72500.00001\32374943.1 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, g ang 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 437 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. 438 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 439 Contract No. ___________ 10 Revised 01-2024 BBK 72500.00001\32374943.1 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 Two Hundred Thousand Dollars ($200,000) per fiscal year without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. 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. Reserved. 3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums. 3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative. 3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or 440 Contract No. ___________ 11 Revised 01-2024 BBK 72500.00001\32374943.1 “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 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. 441 Contract No. ___________ 12 Revised 01-2024 BBK 72500.00001\32374943.1 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: St. Francis Electric, LLC 975 Carden Street San Leandro, CA 94577 ATTN: Guy Smith City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 ATTN: 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 r endered 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. 442 Contract No. ___________ 13 Revised 01-2024 BBK 72500.00001\32374943.1 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, 443 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] 444 Contract No. ___________ Revised 01-2024 BBK 72500.00001\32374943.1 SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND ST. FRANCIS ELECTRIC, LLC IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF PALM DESERT ST. FRANCIS ELECTRIC, LLC, A LIMITED LIABILITY COMPANY Contractor’s License Number and if applicable City Clerk QC: _____ Contracts QC: _____ Insurance: _____ Initial Review _____ Final Approval _____ Bonds 445 Exhibit “A” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT “A” SCOPE OF SERVICES  Emergency On-Call Support o Provide after-hours and weekend emergency response for traffic signal malfunctions, knockdowns, or other urgent traffic control issues. o Maintain a 24/7 contact line with the ability to respond on-site within a specified timeframe (e.g., 60 minutes). o Coordinate closely with City staff and law enforcement during incidents.  Traffic Equipment Knockdown Response o Respond to and assess damage from knockdowns involving traffic signals, poles, cabinets, and related equipment. o Secure damaged areas and provide temporary repairs or traffic control as needed. o Document incident details and support coordination with insurance or liability claims.  Preventive Maintenance Inspections o Conduct routine inspections of traffic signals, cabinets, pedestrian push buttons, detection systems, and other field equipment. o Perform basic servicing such as cleaning, tightening connections, checking signal timing, and replacing worn components. o Provide inspection reports and flag any corrective maintenance needs.  Minor Construction and Field Modifications o Install or modify signal loops, pedestrian detectors, and signal heads. o Add or reconfigure signal phasing, such as installing right-turn overlap movements or split phase operations. o Support implementation of small capital projects or pilot installations as directed by City staff. o Perform minor civil work, such as trenching, conduit installation, or mounting hardware. 446 Contract No. ___________ Exhibit “B” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT “B” SCHEDULE OF SERVICES Reserved. 447 Contract No. ___________ Exhibit “C” Revised 01-2024 BBK 72500.00001\32374915.1 EXHIBIT “C” COMPENSATION The total annual compensation shall not exceed Two Hundred Thousand Dollars ($200,000) per fiscal year. Payment and Performance Bonds apply and will follow after compensation. 448 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 Sy. Francis Electric, LLC, (hereinafter referred to as the “Contractor”) an agreement for On- Call Traffic Signal Maintenance & Emergency Response Services Project (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated July 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, St. Francis Electric, LLC, 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 annual sum of Two Hundred Thousand Dollars, ($200,000), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law, or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or 449 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, Califor nia 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] 450 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: NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. 451 Contract No. ___________ NOTE: This acknowledgment is to be completed for Contractor/Principal. Notary Acknowledgment 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 452 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 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 453 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 July 10, 2025, has awarded to St. Francis Electric, LLC, hereinafter designated as the “Principal,” a contract for the work described as follows: On-Call Traffic Signal Maintenance & Emergency Response Services Project (the “Project”).; and WHEREAS, the work to be performed by the Principal is more particular ly set forth in the Contract Documents for the Project dated July 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 annual sum of Two Hundred Thousand Dollars, ($200,000) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or 454 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 recover y 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] 455 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. 456 Contract No. ___________ NOTE: This acknowledgment is to be completed for Contractor/Principal. Notary Acknowledgment 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 457 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 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 458 Request for Proposals to CITY OF PALM DESERT FOR ON-CALL TRAFFIC SIGNAL MAINTENANCE & EMERGENCY RESPONSE SERVICES RFP# 2025-RFP-192 Request for Proposal to the City of Palm Desert Presented by: St Francis Electric 2100 Iowa Avenue, Riverside, CA 92507 “Experience, Quality & Reliability…” Due by: June 25, 2025 @ 2:00 p.m. 459 TABLE OF CONTENTS 1. COVER LETTER .......................................................................................................................................... 1 2. EXPERIENCE AND TECHNICAL COMPETENCE ...................................................................................... 2 A. BACKGROUND ........................................................................................................................... 2 B. REFERENCES ................................................................................................................................ 7 3. FIRM STAFFING AND KEY PERSONNEL .................................................................................................... 8 A. STAFFING..................................................................................................................................... 8 B. KEY PERSONNEL .......................................................................................................................... 9 C. TEAM ORGANIZATION ............................................................................................................... 9 D. SUBCONTRACTORS .................................................................................................................. 10 4. PROPOSED METHOD TO ACCOMPLISH THE WORK ........................................................................... 11 460 461 St. Francis Electric | A and C-10 Licensed Contractor | 2100 Iowa Ave. Riverside, CA 92507 stfranciselectric.com – Phone (951) 203-4586 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 2 2. Experience and Technical Competence A. Background: SFE has been in the electrical business for 79 years. We have provided a track record of success in the contracting and in the maintenance divisions, over these 79 years. With over 250+ employees, we have the senior management team to allow for continued growth and have the path of growth to succeed. We have seen tremendous changes in our industry and have grown our business along the lines of longevity and stability. We have matured as a company from the early days of SFE into a leader in our industry. We pride ourselves on a close working relationship with our clients and we have continued to create new and lasting relationships with all of them. SFE has extensive experience in the maintenance work that is being requested. SFE owns and operates approximately 100+ service vehicles of various types and sizes throughout California. We maintain management of all our costs and expenses. Having been in the Electrical business for these 79 years length of time, we have crafted special relationships with our suppliers and our financial backing. We have worked on projects that have been worth over 20 million dollars and have successfully secured the financing and the manpower to produce the finest work and craftsmanship in this business proving that SFE is the best qualified to provide the services as described in this RFP. We intend to bring our years of experience to this maintenance proposal. SFE has extensive experience in the maintenance work that is being requested. SFE to help ensure safety, our maintenance crews use hydraulic “bucket” trucks with aerial lifts which are Occupational Safety and Health Administration (OSHA) approved, inspected, and certified as required by law. Our bucket trucks are typically equipped with the most common traffic signal gear, poles, and street light replacement parts to service most emergency responses such as knock downs. In addition, SFE’s vehicles are equipped with a permanently mounted arrow board/stick, warning beacon/strobe lights, traffic cones & construction warning signs. Our “bucket truck” hydraulic lift is capable of reaching a height of at least forty (40) feet from roadway surfaces. Additionally, SFE houses a minimum of 2 crane truck at our yard. Our technicians are equipped with necessary laptops for the programming/testing of traffic signal controllers, CMU/MMU, Camera monitoring (CCTV, Video, etc.), and various equipment. In addition, all SFE employees will be equipped with a smartphone/mobile tablet with 5G access capable of email, text, photo, and internet. SFE is committed to maintaining an inventory of all signal equipment used by the City of Palm Desert. This commitment will ensure the City avoiding long wait time on some equipment such as traffic signal poles. We maintain these types of services to create the applications needed to keep SFE in the leading edge of services that are provided as part of our core business. We take great pride in our value-added services and how we can be relied on for a complete package of services in the Transportation areas. SFE’s Maintenance Division Management Team has extensive experience of more than 50 years in serving the governmental needs as well as in charge of municipalities’ maintenance programs as government employees. Shenoa Townsend will be the Project Manager and Guy Smith will be the Management contact that is authorized to sign an agreement for St. Francis Electric. 462 St. Francis Electric | A and C-10 Licensed Contractor | 2100 Iowa Ave. Riverside, CA 92507 stfranciselectric.com – Phone (951) 203-4586 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 3 Number of Years Company has Provided Services and Company Ownership St. Francis Electric, LLC is a Limited Liability Company. Doing business in the state of California. SFE is not owned by another business organization or individual. SFE has been conducting business as St. Francis Electric, LLC. for 10 years and providing the services as outlined in the RFP; however, SFE has been in business for 79 years. Our Headquarters is located at 975 Carden St, San Leandro, CA 94577 with many satellite offices located throughout California including Riverside. The Riverside location opened its doors on November 1, 2015, and is the location from which the employees are assigned. SFE has over 25 years of experience providing similar services to cities within San Bernardino County alone. Our contractor’s license number is 1003811 for A, C-10 classifications and it expires on 5/31/27. Our DIR# is 1000022208. St. Francis Electric Availability SFE understands the importance of maintaining a functional traffic signal system for the City’s public reception and safety concerns. SFE has 15+ employees locally available to service the City of Palm Desert and 250+ employees throughout California. We also have a technician that resides in the City of Palm Desert available to respond to after-hours calls. SFE promises to make available for the City of Palm Desert on a 365/24/7 basis to perform tasks and services under this contract. SFE as a company has an excellent reputation performing traffic signal maintenance contract work on time and on budget. We are confident that our existing clients are greatly satisfied with our services and will be providing positive feedback and recommendations. SFE will make every effort to satisfy the City of Palm Desert in responding to the 24/7 emergency calls. SFE will respond immediately within two (2) hours of notification to emergency and accident work under normal conditions. All of our technicians drive their bucket trucks home and often times have technicians working in neighboring cities daily making it possible to respond in a timely manner for unscheduled, after-hours and emergency work. SFE’s Experience It is always the goal of SFE to hone our service around a City’s needs. We understand that throughout the term of a contract of this type, those needs may change. We approach all our contracts with the same vision; build a partnership with the City’s staff and work towards achieving common goals set forth through that partnership. We realize that this is an ever-evolving process and that is why we believe that the only successful route is through establishing these common goals. SFE’s account management team as well as our field staff will work closely with the City in order to make sure that all of your requests are being effectively addressed. We make every effort to ensure that the City’s staff is always aware of issues that are in need of attention. Key Contact Information: Headquarters Southern California Region Southern California Region St. Francis Electric, LLC Jill Petrie – SoCal Area Manager Shenoa Townsend 975 Carden Street SoCal Area Manager Project Manager San Leandro, CA 94577 2100 Iowa Ave 2100 Iowa Ave Office: (510) 639-0639 Riverside, CA 92507 Riverside, CA 92507 Fax: (510) 639-4653 (951) 203-4586 (951) 906-7626 jpetrie@sfe-inc.com Shenoa.townsend@sfe-inc.com 463 St. Francis Electric | A and C-10 Licensed Contractor | 2100 Iowa Ave. Riverside, CA 92507 stfranciselectric.com – Phone (951) 203-4586 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 4 Employee Quality Control Safety is the top priority within SFE. In order to operate as a larger general electrical contractor, SFE has developed a culture to always pay extra attention regarding safety. With our designated safety officer and safety team constantly going from job to job, SFE promises to plan and conduct the work in a manner that will safeguard all persons from injury in accordance with CAL OSHA regulations and will take precautions required by all other applicable government regulations. SFE Safety Data – Within the Last 5 Years To ensure good quality from SFE staff, we believe in proper foresight and preparation. We train our technicians to IMSA, OSHA, State specific requirements, Caltrans specs, and Vendor Specific standards. We supply the “right tools” for the job, from hand tools to heavy equipment. Once the proper tools and training are supplied, we can then progressively inspect and ensure proper production and quality levels are met. We regularly and randomly inspect our technician’s quality and thoroughness. We strive to “see things” from our customers’ perspective. When performing maintenance on Traffic Signals and Street Lights, we believe that the efforts we put into the quality of our service prolongs the life and efficiency of the components, and The City of Palm Desert’s confidence in our work. SFE’s Senior Management is fully committed to addressing the safety of today and beyond. We have established aggressive goals and have adopted a ZERO tolerance regarding safety compliance. Our focus on a Safer tomorrow is paramount to our future. The success in reaching our goals rests on the shoulders of each and every employee at SFE. With their knowledge, by their preparations, and through their practices, we can achieve these goals. We have identified a number of actions, and our efforts are doubled with regard to safety awareness. Since 2012, SFE has not received an OSHA citation. In addition, the renewed efforts are already being shown in Our Experience Modification Rate. SFE has also recently won Best Rating per 250,000 – 500,000 man hours and featured in United Contractors Magazine for three years in a row. Having a great safety rating (A.K.A EMR/ MOD RATING) or ZERO injuries in the construction world is HUGE! General contractors and Project owners look at this mod rating as our “credit score” and our ability to perform the job safely! Maintaining a great EMR rating is critical when competing for work. 464 St. Francis Electric | A and C-10 Licensed Contractor | 2100 Iowa Ave. Riverside, CA 92507 stfranciselectric.com – Phone (951) 203-4586 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 5 Training Programs SFE has several training programs we use for our employees to ensure the highest quality, with the most up to date knowledge and training. We also review the latest maintenance procedures and suggestions from the industry, the industry periodicals and NECA, IMSA seminars, so that SFE can maintain our service capability to the latest industry guidelines. We work with our Local Unions who have Apprenticeship and Training programs for Technical Application/Training, First Aid/CPR and also OSHA Safety. Many of our staff are trainers in these programs and have the opportunity to instruct and mentor the electricians in the industry. In-House SFE has many employees that have been in this industry for 40+ years, these Journeymen / Foremen / Mentors /Area Leads help to train, develop and grow our team with real life exposure and situations both in the field and at our in-shop training lab. We work with all our field staff and project managers to help them acquire and maintain IMSA certified training and the State Certified National Electrical Certification. We feel the attainment of these types of certifications is a means for individuals to indicate to the general public, coworkers, agencies, and others that an impartial, nationally recognized organization has determined that they are qualified to perform specific technical tasks by virtue of their technical knowledge and experiences. Certification also bestows a sense of achievement upon the certified individual since it reflects professional advancement in a chosen field. We encourage all of our technicians to be certified in Work Zone Safety, TS Level I, II and III and Roadway Lighting Levels I, & II. We employ several employees who have gone beyond these certifications. IMSA currently offers certification in the following fields: • Electronics in Traffic Signals • Fiber Optics for ITS • Flagging and Basic Traffic Control • Microprocessors in Traffic Signals • Roadway Lighting • Signs and Markings • Traffic Signals • Traffic Signal Inspector • Work Zone Traffic Control Safety SFE Technicians and Project managers also receive specialized training from LRN Transportation. LRN Transportation has developed a comprehensive program in the areas of signal operation and maintenance to upgrade the skills of traffic signal technicians, electricians, engineers, inspectors, contractors, and consultants. Their goal is to train in the latest equipment and technology to make experts of the personnel working in the traffic signal industry while learning the latest MUTCD, Caltrans and ADA regulations; build pedestrian-friendly streets; design, inspect and finalize safe traffic signal intersections. We have been trained and certified in several of these classes and also continue to take refresher courses to stay up to date on all industry changes. We encourage our staff to attend these classes and make time available to attend these courses as needed. 465 St. Francis Electric | A and C-10 Licensed Contractor | 2100 Iowa Ave. Riverside, CA 92507 stfranciselectric.com – Phone (951) 203-4586 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 6 SFE’s Primary, Headquarters and Satellite Office Locations St. Francis Electric’s Southern California office is the designated local office/yard for this project located at 2100 Iowa Ave, Riverside, CA 92507 in the County of Riverside. We currently provide these exact services to your neighboring cities, allowing for our technicians to always be in the neighborhood just minutes away - this allows for eyes on in the field of day-to-day operations of the intersections and emergency support when needed. SFE’s office has secured outdoor storage space sufficient for all the contract equipment, parts, components, and inventory. In addition to the outdoor storage, we also have ample warehouse indoor secured storage space necessary for these types of contracts. SFE’s Southern California shop is not only set up for our typical maintenance & response work but has the necessary room for growth to support the addition of many new customers, contracts and projects. SFE has a Southern California traffic signal lab located in Riverside County used for the testing and repairs of new/used equipment and the on-going training of field technicians in a controlled environment. SFE also has a testing lab facility located at our Headquarters office for these same types of services in that area. Since all of our offices are located in California, as seen below, they all provide services throughout Northern, Central and Southern California. St. Francis Electric, LLC. (Primary Office) St. Francis Electric, LLC. (Headquarters) 2100 Iowa Ave 975 Carden St Riverside, CA 92507 San Leandro, CA 94577 Other SFE Office Locations Include: 1850 West Imola Ave Napa, CA 94559 230 Mayock Rd Gilroy, CA 95020 341 Industrial Way Woodland, CA 95776 Northern California Locations Southern California Locations SFE’s Southern California office currently has contracts for Traffic Signal Maintenance Services with such Cities as: City of Colton, Corona, Downey, Grand Terrace, Indian Wells, Lancaster, La Quinta, Loma Linda, Palm Desert, Palm Springs, Rialto, Rosemead, County of San Bernardino Waste, Wildomar, Yorba Linda, and Town of Apple Valley as well as several projects with other cities throughout Southern California. We graciously hope for the opportunity to work hand and hand with your City. 466 St. Francis Electric | A and C-10 Licensed Contractor | 2100 Iowa Ave. Riverside, CA 92507 stfranciselectric.com – Phone (951) 203-4586 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 7 B. References: St. Francis Electric has established a reputation of quality service with our Southern California team. The field and office staff have provided maintenance/response services to public agencies for over two decades and continue to build strong relationships with new clients. We understand the value of our clients as well as their demands all while keeping the citizens’ safety in mind. Client Manager Addresses Email & Phone Info Town of Apple Valley Brett Morgan 14955 Dale Evans Pkwy Apple Valley, CA 92307 bmorgan@applevalley.org (760) 403-8034 City of Colton Victor Ortiz 160 S. 10th St Colton, CA 92324 vortiz@coltonca.gov (909) 514-4210 City of Corona Gabriel Hernandez 400 S. Vicentia Ave Corona, CA 92882 gabriel.hernandez@ci.corona.ca.us (951) 279-3709 City of Downey Edwin Norris 11111 Brookshire Ave Downey, CA 90241 enorris@downeyca.org (562) 904-7110 City of Grand Terrace Ruben Montano 22795 Barton Rd Grand Terrace, CA 92313 rmontano@grandterrace-ca.gov (909) 835-0890 City of Indian Wells Mihai Dan 44-950 Eldorado Dr Indian Wells, CA 92210 mdan@indianwells.com (760) 346-2489 City of Lancaster Mike Harne 44933 Fern Ave Lancaster, CA 93534 mharne@cityoflancasterca.org (661) 723-5801 City of La Quinta Adam Viramonte 78-495 Calle Tampico La Quinta, CA 92253 aviramontes@laquintaca.gov (760) 835-5109 City of Loma Linda John Trujillo 25541 Barton Rd Loma Linda, CA 92354 jtrujillo@lomalinda-ca.gov (909) 478-4269 City of Palm Desert Robert Becerra 73-510 Fred Waring Dr Palm Desert, CA 92260 rbecerra@palmdesert.gov (760) 862-6804 City of Palm Springs Joel Montalvo 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 joel.montalvo@palmspringsca.gov (760) 322-8339 City of Rialto Tim Sullivan 150 S. Palm Ave Rialto, CA 92376 tsullivan@rialtoca.gov (909) 421-7229 City of Rosemead Jimmy Limon 2174 River Ave Rosemead, CA 91770 jlimon@cityofrosemead.org (626) 644-1287 City of Wildomar Jason Farag 23873 Clinton Keith Rd, Suite 201 Wildomar, CA 92595 jfarag@cityofwildomar.org (951) 677-7751 x219 City of Yorba Linda Armando Jaime 4845 Casa Loma Ave Yorba Linda, CA 92886 ajaime@yorbalindaca.gov (714) 961-7170 467 St. Francis Electric | A and C-10 Licensed Contractor | 2100 Iowa Ave. Riverside, CA 92507 stfranciselectric.com – Phone (951) 203-4586 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 8 3. Firm Staffing and Key Personnel A. Staffing: SFE understands the importance of maintaining a functional traffic signal system for the City’s public reception and safety concerns. SFE has 15+ employees locally available to service the City of Palm Desert and 250+ employees throughout California. SFE promises to make available for the City of Palm Desert on a 365/24/7 basis to perform tasks and services under this contract. SFE as a company has an excellent reputation performing traffic signal maintenance contract work on time and on budget. We are confident that our existing clients are greatly satisfied with our services and will be providing positive feedback and recommendations. SFE will make every effort to satisfy the City of Palm Desert in responding to the 24/7 emergency calls. SFE will respond immediately within two (2) hours for responding to unscheduled or emergency work under normal conditions. All our technicians drive their bucket trucks home and often times have technicians working in neighboring cities daily making it possible to respond in a timely manner for unscheduled, after-hours and emergency work. SFE is an active union company and is supported by the local unions in all areas which provides upon request, certified IBEW journeyman electricians, traffic signal technicians, laborers and apprentices for these classifications and is available to provide additional personnel as needed. SFE supports these unions and their apprenticeship programs in order to develop knowledge and growth which in turn provides jobs for our local communities in the traffic signal maintenance industry. Discipline: Estimating / Manager Name: Scott Verplanck Discipline: Traffic Signal & Streetlight Name: Shenoa Townsend Discipline: Estimating / Project Management Name: Chris Cruz Discipline: Traffic Signal & Streetlight Name: Andy Briones Discipline: Service Coordinator Name: Emi Cervantes Discipline: Traffic Signal & Streetlight Name: Guy Smith Discipline: Operational Management Name: Stephen Petrie Discipline: Traffic Signal & Streetlight Name: Lance Alm Discipline: Traffic Signal & Streetlight Name: Josh Alm Discipline: Traffic Signal & Streetlight Name: Brian Meza Discipline: Traffic Signal & Streetlight Name: Alex Lara Discipline: Traffic Signal & Streetlight Name: Ceasar Gonzales Discipline: Traffic Signal & Streetlight Name: Paul Felix Discipline: Streetlight Name: Efrain Luna Discipline: Traffic Signal & Streetlight Name: Robert Amaro Discipline: Traffic Signal & Streetlight Name: Joshua Sandoval Discipline: Streetlight 468 St. Francis Electric | A and C-10 Licensed Contractor | 2100 Iowa Ave. Riverside, CA 92507 stfranciselectric.com – Phone (951) 203-4586 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 9 B. Key Personnel: Role: - SoCal Area Manager/Project Manager Name: Scott Verplanck Role: Construction Foreman Name: Shenoa Townsend Role: Assigned Project Manager / Estimating Name: Emi Cervantes Role: Provide Advanced Technical Support Name: Andy Briones Role: Project Administrative Support Name: Stephen Petrie (Assigned Tech) Role: Provide Routine & Response Services Name: Guy Smith Role: Authorized Individual to Contractually Bind SFE Name: Josh Alm (Assigned Tech) Role: Provide Routine, Responses & USA Services Name: Lance Alm Role: Provide Routine, Response & USA Services Name: Chris Cruz Role: Provide Routine & Response Services Role: Respond to Emergency Service Requests Name: Alex Lara Role: Respond to Emergency Service Requests Name: Efrain Luna Role: Provide Response Services and Support Name: Joshua Sandoval Role: Provide Streetlight Service and Support C. Team Organization: 469 St. Francis Electric | A and C-10 Licensed Contractor | 2100 Iowa Ave. Riverside, CA 92507 stfranciselectric.com – Phone (951) 203-4586 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 10 D. Subcontractors: SFE will/may subcontract work within the City using the subcontractors listed below. If it is found that additional subcontractors are required, their information would be submitted to City at that time. Company Address Phone Number License Functions Electrical, 2542 Avalon St Riverside, CA 92509 (951) 784-1410 A, B, C-1000004626 Underground Construction Smithson Electric, Inc. (714) 997-9556 1000001610 Detector Loops 470 St. Francis Electric | A and C-10 Licensed Contractor | 2100 Iowa Ave. Riverside, CA 92507 stfranciselectric.com – Phone (951) 203-4586 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 11 4. Proposed Method to Accomplish the Work A. SFE’s team intends to approach this contract with a desire to provide the best customer service experience for the City of Palm Desert and its citizens. SFE has consistently performed to the highest levels of satisfaction on all our service contracts. SFE understands that, as a maintenance contractor, we represent the City while working on its streets. Having worked with the City for over 10 years, we clearly understand what the City expects of us and the work we do. SFE’s field and office staff continues to strive to become a highly valued part of the City of Palm Desert’s team. SFE proposes to make every effort to satisfy the City of Palm Desert in responding to the 24/7 unscheduled and emergency work. All Emergency and accident calls will be responded to within the two (2) hours from receiving the call. Our SFE team stands out over many due to our experience and providing exceptional customer service year after year. Working with municipalities is our primary focus. All SFE Employees have the same goal to “be the best in the industry”, by providing superior customer service. We understand to last the test of time you not only must be the very best at what you do but you have to care about what you do and prove it every day. From day one, SFE owners have always been boots on the ground, in the field working alongside their employees, taking pride in the service we provide and the team that it has built throughout the years. SFE’s crew is focused and attentive to the City’s needs and will do what it takes to assist the City achieve their goals for their streets and infrastructure. SFE has been in the traffic signal and streetlighting industry for over 79 years and has built an outstanding reputation all over California for its work and services provided: • We have over 250+ employees throughout our offices and in the field, IMSA certified, NEC certified, VMS qualified, USA trained, Traffic Engineers on staff and Construction specialists dedicated to this industry alone. Our motto “Experience, Quality & Reliability…” is something we all stand by. • We strive to understand our customer’s, their needs and goals. We understand there can be many obstacles our customers may have to navigate, and we are there to help them in any way possible. Our project managers/field staff make it a point to answer calls and emails responsively; we meet with our customers on a routine basis whether it be onsite or at their facility to have clear concise communications at all times. With this type of effort, we can sustain from common issues that arise when there is a lack of communication. • We offer our customers an emailing option for non-urgent socalmadmin@sfe-inc.com during our business hours so that our cities will receive a response from our office staff. We inform our customers that a tech has been dispatched and when a service request has been completed in the field by our technicians so that they are not left wondering if a problem has been addressed. • We have a live person dispatch service when calling our 24/7 Direct Line Teleservice every time you call in, and the service call is immediately dispatched to our on-call technicians. Our techs will follow up with a return phone call notifying the reporting party confirmation of receipt and our estimated time of arrival. All our technicians have smartphones / tablets and / or laptops and can be reached at any time while performing services within the City. • We have built outstanding relationships with our suppliers over the past few decades giving us the advantage of outstanding pricing, expedited shipping and also making it so we have access to thousands of components that may not be the standard everyday part, and a tremendous amount of resources that we can rely on. • SFE continuously works with all of our customers on getting their warranty items repaired or replaced throughout the city even when they were not the original installer. We make every effort to handle and relieve our customers of this burden, while keeping the customer informed and up to date on their status. 471 St. Francis Electric | A and C-10 Licensed Contractor | 2100 Iowa Ave. Riverside, CA 92507 stfranciselectric.com – Phone (951) 203-4586 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 12 • We have an In-house testing/training Lab in both our Southern California and Northern California facilities. • Our technicians receive communication directly from our 24/7 Dispatch center and take company vehicles home for a faster response time. Our shop is centrally located between the 215/60/91 Freeways making it convenient for our technicians to pickup materials if needed. Our technicians reside in varies areas of SoCal and our company vehicles are equipped with GPS to be able to dispatch the nearest technician available. Communications between City of Palm Desert and SFE SFE Staff we will proactively communicate with City officials to inform of field issues encountered for all services described in this RFP during the contract period. Correspondence between the City of Palm Desert and our local Area Manager, Project Managers, and Project Coordinators can be called in direct line or via individual email or to socalmadmin@sfe-inc.com (this will send an email to all office staff.) Any and all issues with service, performance or quality shall be directed to the assigned project manager for the City of Palm Desert. All Call/Service request and Dispatch request will go through our 24/7 dispatch center. The helps to insure they are responded to in a timely manner. Our Dispatch Center also knows what techs are in what area in order to have the quickest response possible. SFE DISPATCH 1-(844)-LIGHT88 • Staff will proactively communicate with city personnel to inform of field issues encountered for all services described in this RFP during the contract period. • SFE highly encourages all field technicians become acquainted with city personnel so that they are recognized while working throughout the City. Our technicians will contact designated city contact(s) when they plan on being in the city, when they are responding to calls and to update status of the calls in the city or prior to leaving the city to ensure all tasks have been communicated. • Correspondence between the City of Palm Desert and our local Area Manager, Project Managers, and Project Coordinators can be called in direct line or via individual email or to socalmadmin@sfe-inc.com (this will send an email to all office staff.) Any and all issues with service, performance or quality shall be directed to the assigned project manager for the City of Palm Desert. • Dispatch requests (emergency or non-emergency) are encouraged to be called into our 24/7/365 dispatch call center at 1-844-LIGHT88. This helps ensure complete accurate information is received and dispatched appropriately. 24/7/365 Traffic Signal Telephone Service 1-(844)-LIGHT88 472 St. Francis Electric | A and C-10 Licensed Contractor | 2100 Iowa Ave. Riverside, CA 92507 stfranciselectric.com – Phone (951) 203-4586 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 13 Scope of Services • Emergency On-Call Support o SFE will provide after-hours and weekend emergency response for traffic signal malfunctions, knockdowns, or other urgent traffic control issues. o SFE maintains a 24/7 contact line (1-844-LIGHT88) and is able to respond on-site within (2) hours of notification during normal conditions. o SFE will coordinate closely with City Staff and law enforcement during incidents. • Traffic Equipment Knockdown Response o SFE will respond to and assess damage from knockdowns involving traffic signals, poles, cabinets, and related equipment. o SFE will secure damaged areas and provide temporary repairs or traffic control as needed. o SFE will document incident details and support coordination with insurance or liability claims. • Preventative Maintenance Inspections o SFE will conduct routine inspections of traffic signals, cabinets pedestrian push buttons, detection systems, and other field equipment. o SFE will perform basic service such as cleaning, tightening connections, checking signal timing, and replacing worn components. o SFE will provide inspection reports and flag any corrective maintenance needs. • Minor Construction and Field Modifications o SFE will install or modify signal loops, pedestrian detectors, and signal heads. o SFE will add or reconfigure signal phasing, such as installing right-turn overlap movements or split phase operations. o SFE will support implementation of small capital projects or pilot installations as directed by City staff. o SFE will perform minor civil work, such as trenching, conduit installation, or mounting hardware. • Other On-Call and Mutually Agreed Upon Traffic-Related Requests 473 St. Francis Electric | A and C-10 Licensed Contractor | 2100 Iowa Ave. Riverside, CA 92507 stfranciselectric.com – Phone (951) 203-4586 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 14 Preventative Maintenance Schedule SFE will continue to utilize the quarterly preventative maintenance schedule as it was first implemented in July of 2022. We have split the total number of intersections (104) into 3 groups: “Group A”, “Group B”, “Group C” and will perform each group as scheduled below. Not only will this save the City funds, but this allows SFE to be in your City every month and can also reduce the number of extraordinary calls and travel time. Our team will continue to work closely with City Staff and will be notified when we are in the City so that we can complete any service requests they may have while we are there. Deliverables SFE will provide a computerized monthly activity report to the City each month for the previous month’s activities. The report will provide a brief description of all preventative maintenance and emergency service activities and will be attached to the monthly invoice. Addendum #1 In Closing SFE would like to thank the City of Palm Desert for giving us another opportunity to submit this RFP and for their consideration to use our local Staff as part of a crew that represents its City. If chosen our staff will make every effort to ensure your City is our next best reference on future RFP’s to other Cities. We don’t strive to be the biggest but we do strive to be the BEST! 474 St. Francis Electric | A and C-10 Licensed Contractor | 2100 Iowa Ave. Riverside, CA 92507 stfranciselectric.com – Phone (951) 203-4586 – 24/7/365 Traffic Signal Service 1-(844)-LIGHT88 1 Fee Proposal Preventative Maintenance Per Intersection Rate Item No. Description Rate 1 Traffic Signal Preventative Maintenance per Intersection $99.50 Suggested Preventative Maintenance Fee Schedule Group A 34 $99.50 $3,383.00 $13,532.00 Group B 35 $99.50 $3,482.50 $13,930.00 Group C 35 $99.50 $3,482.50 $13,930.00 Hourly Rates for Labor Item No. Description Hourly Rate 2 Superintendent / Foreman (Regular Time) $132.00 3 Superintendent / Foreman (Over Time) $179.00 4 Superintendent / Foreman (Double Time) $225.00 5 Traffic Signal Technician – Field (Regular Time) $122.00 6 Traffic Signal Technician – Field (Over Time) $169.00 7 Traffic Signal Technician – Field (Double Time) $215.00 8 Traffic Signal Laborer – Field (Regular Time) $112.00 9 Traffic Signal Laborer – Field (Over Time) $159.00 10 Traffic Signal Laborer – Field (Double Time) $199.00 Hourly Rates for Equipment Item No. Description Rate 11 Pickup Truck $25.00 12 Service Bucket Truck $38.00 13 Service Truck $35.00 14 Crane $99.00 Material Mark Up is Cost + 15% GM Rates are hourly Port-to-Port for Labor and Equipment Note: Regular, Overtime/Saturday, and Double Time/Sunday/Holiday Rates will be billed and applied per the DIR Requirements. 475 476 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 10, 2025 PREPARED BY: Shawn Muir, Community Services Manager SUBJECT: AUTHORIZE THE PURCHASE OF SHADE STRUCTURES AND PLAYGROUND EQUIPMENT FOR THE CIVIC CENTER PARK IMPROVEMENTS (PROJECT NO. CFA00011) RECOMMENDATION: 1. Authorize the purchase of seven playground shade structures from Shade Structures, Inc., dba USA SHADE & Fabric Structures, in the amount of $492,158.92, plus $50,000 in contingency for unforeseen expenses. 2. Authorize the purchase of playground equipment from Landscape Structures, Inc. in the amount of $445,406.10, plus a $45,000 contingency for unforeseen expenses. 3. Authorize the City Attorney to make necessary nonmonetary changes to the agreements. 4. Authorize the City Manager to execute the agreement and any other documents, changes, or amendments necessary to effectuate this action. BACKGROUND/ANALYSIS: The Civic Center Park playground is an integral part of the City’s largest and most frequented public park. In 2024, staff initiated a playground renovation project to address accessibility, safety, and general improvement needs. The new design is based on community input co llected through surveys and outreach events and prioritizes inclusive play features and increased shade coverage. On January 14, 2025, the City entered into agreements with Michael Baker International, Inc., and their subcontractor, In-Site Landscape Architecture, Inc., for design and engineering services. Their scope includes public engagement, conceptual planning, construction documents, and regulatory coordination. Final plans are currently under review by the City’s Building and Safety Division and the City Engineer. The approved design includes new accessible playground equipment and shade structures to enhance usability and aesthetics. The design specifies the use of products from:  Landscape Structures, Inc. – playground equipment  Shade Structures, Inc. dba USA SHADE & Fabric Structures – fabric shade structures Both companies are authorized vendors under the California Multiple Award Schedules (CMAS) program, which complies with the City’s purchasing policy requirements by ensuring pricing is obtained through an open and public competitive procurement. 477 City of Palm Desert Award Contracts for Civic Center Park Playground Page 2 of 3 To expedite the construction timeline and avoid delays caused by long lead times (estimated at 4–6 weeks for playground equipment and 8–10 weeks for shade structures), staff recommends pre-purchasing the equipment now. These materials will be listed as owner-furnished items in the forthcoming construction bid documents, allowing the contractor to account for and coordinate installation accordingly. Both vendors have demonstrated strong performance h istories. USA SHADE has successfully completed shade installations for the City, including projects at the Palm Desert Aquatic Center, while Landscape Structures is a trusted provider that In -Site has collaborated with on multiple park projects with favorable outcomes. Appointed Body Recommendation: Draft designs for the renovated playground were presented to the Parks and Recreation Committee at its meeting on May 6, 2025. Committee members expressed support for the proposed improvements and emphasized the importance of incorporating public comments received during earlier outreach. Members also encouraged staff to apply lessons learned from this process to future park improvement projects. A study session presentation was also held with the City Council on May 22, 2025. Council members were supportive of the project and underscored the importance of accessible play equipment and the broad community benefits of upgrading the Civic Center Park playground. Legal Review: This report has been reviewed by the City Attorney’s Office. FINANCIAL IMPACT: The Public Works Department Capital Improvement Budget for Fiscal Year 2025/26 includes a total of $2,286,624 for the Civic Center Park Improvements project under Capital Account No. 4004674-4400100 and 2334618-4400100; therefore, there is no additional financial impact to the general fund with this action. The table below provides a breakdown of the project budget and expenses: Civic Center Park Improvements Estimated Carryover Proposed FY 25/26 Budget Contract Amount Balance 4004674-4400100 $1,636,624 2334618-4400100 $650,000 Park Design/Plans - Michael Baker $141,465 *Shade Structures - USA Shade $492,159 *Shade Structure – Contingency $50,000 *Playground Equipment - Landscape Structures $445,407 *Playground Equipment - Contingency $45,000 **Estimated Construction - Installation $2,100,000 Subtotal $1,636,624 $650,000 $3,274,031 ($987,407) Estimated appropriation request $1,000,000 Total $1,636,624 $1,650,000 $3,274,031 $12,593 *Current Request **Estimated construction plus contingency Construction bidding is anticipated to take place in July–August 2025, with a construction 478 City of Palm Desert Award Contracts for Civic Center Park Playground Page 3 of 3 contract award expected in September 2025. At that time, staff will return to the City Council to request approval of the construction contract award, and any additional budget appropriation necessary to fully fund the construction phase of the project. Any unused contingency amounts from this procurement phase will be reallocated to s upport the construction phase of the project, thereby reducing the total appropriation needed at that time. ATTACHMENTS: 1. City Goods and Equipment Purchase Agreement – USA Shade 2. City Goods and Equipment Purchase Agreement – Landscape Structures 3. Shade Structure Designs 4. Playground Designs 479 480 Contract No. ___________ 1 Revised 01-2024 CITY OF PALM DESERT GOODS AND EQUIPMENT PURCHASE AGREEMENT CIVIC CENTER PARK SHADE STRUCTURES This Goods and Equipment Purchase Agreement (“Agreement”) is made and entered into this 10th day of July, 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 Shade Structures, Inc. dba USA SHADE & Fabric Structures, a Corporation, with its principal place of business at 2580 Esters Blvd., Suite 100, DFW Airport, TX 75261 ("Supplier"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." Section 1. Definitions/Cooperative Procurement. A. Definitions. 1. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor, or other services, including design, engineering, and installation services, provided by Supplier as specified in Exhibit “A”, attached hereto and incorporated herein by reference. 2. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to the City, ready for approval, testing and/or use as specified in Exhibit “B.” B. Cooperative Procurement. This Agreement is entered into pursuant to City of Palm Desert Municipal Code section 3.30.160, which authorizes participation with other governmental agencies who have, through a bidding process, determined to award or purchase goods and/or services from Supplier. 1. Program. The purchase has been made through California Multiple Award Schedules, a program for the procurement of goods and services for governmental agencies. Documents related to the procurement of this Agreement shall be made available to City upon request. 2. Reserved. Section 2. Materials And Workmanship. When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without the City’s written approval. Machinery, equipment or material installed in the Goods without the approval required by this 0 will be deemed to be defective material for purposes of 0. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, the City will decide the question of equality. When requested by the City, Supplier will furnish the City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment, and material to be incorporated in the Goods. Material samples will be submitted at the City’s request. Section 3. Inspections And Tests. The City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, 481 Contract No. ___________ 2 Revised 01-2024 unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, the City may reject the Goods or exercise any of its rights under C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair the City’s right to reject nonconforming goods, irrespective of the City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof. Section 4. Warranty. A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of ten (10) years on shade fabric cloth and two (2) years on steel, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by the City as required for final payment under 0. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards. B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. The City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this B. C. For any breach of the warranties contained in A and B, Supplier will, immediately after receiving notice from the City, at the option of the City, and at Supplier’s own expense and without cost to the City: 1. Repair the defective Goods; 2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or 3. Repay to City the purchase price of the defective Goods. If City selects repair or replacement, any defects will be remedied without cost to the City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to the City. D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold the City and their officials, officers, employees, volunteers, representatives and agents harmless against any and all third-party claims resulting from the breach or inaccuracy of any of the foregoing warranties. E. In the event of a breach by Supplier of its obligations under this 0, the City will not be limited to the remedies set forth in this 0, but will have all the rights and remedies permitted by 482 Contract No. ___________ 3 Revised 01-2024 applicable law, including without limitation, all of the rights and remedies afforded to the City under the California Commercial Code. Section 5. Prices. Unless expressly provided otherwise, all prices and fees specified in Exhibit “A,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by the City’s authorized representative. The total price shall include (i) all federal, state, and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to the City hereunder; and (ii) all charges for packing, freight and transportation to destination. Section 6. Changes. City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between the City and Supplier and such change will be authorized by a change order document signed by the City and accepted by Supplier. Section 7. Payments. A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods. B. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Milestones are met. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “B.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by the City in advance of the first invoice cycle. C. Payments otherwise due may be withheld by the City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect the City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, the City may remove them at Supplier’s expense. D. Payment of the final Progress Milestone payment or any retention will be made by City upon: 483 Contract No. ___________ 4 Revised 01-2024 1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone; 2. Written acceptance of the Goods by the City; 3. Delivery of all drawings and specifications, if required by City; 4. Delivery of executed full releases of any and all liens arising out of this Agreement; and 5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full. If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to the City to indemnify City against any claim or lien at no cost to the City. E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against the City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. Section 8. Schedule For Delivery. A. The time of Supplier’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify the City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights the City may have under this Agreement or at law, Supplier shall pay City the sum of $250.00 per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.” B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that the City can maximize the efficient completion of such project(s). Section 9. Taxes. A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement. B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld. 484 Contract No. ___________ 5 Revised 01-2024 C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier. D. Supplier will, upon a written request, submit to the City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder. Section 10. Independent Contractor. Supplier enters into this Agreement as an independent contractor and not as an employee of the City. Supplier shall have no power or authority by this Agreement to bind the City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors, or subcontractors hired or retained by the Supplier are employees, agents, contractors, or subcontractors of the Supplier and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement. Section 11. Subcontracts. Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to the City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City. Section 12. Title And Risk Of Loss. Unless otherwise agreed, the City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of the City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then the City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods, but which does not become a part of the Goods. Section 13. Indemnification. A. Supplier shall defend, indemnify and hold the City of Palm Desert (“City”), and their officials, officers, employees, volunteers, representatives and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or 485 Contract No. ___________ 6 Revised 01-2024 incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors, and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City. B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, and their officials, officers, employees, agents, representatives or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against the City or its officials, officers, employees, agents, representatives, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse the City and their officials, officers, employees, agents, representatives and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, and their officials, officers, employees, agents, representatives, or volunteers. Section 14. Insurance. A. General. Supplier shall take out and maintain: 1. Commercial General Liability Insurance, of at least $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01; 2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto); 3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and 4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials. 5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000. B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The policies required under this Section shall give the City, and their officials, officers, employees, agents, representatives, or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City, or any additional insureds shall not be called upon to contribute to any loss and shall contain or be endorsed with a waiver of subrogation in favor of the City, and their officials, officers, employees, agents, representatives, and volunteers. The 486 Contract No. ___________ 7 Revised 01-2024 limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement. C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. D. Evidence of Insurance. Supplier shall furnish the City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance polic ies, at any time. E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods. Section 15. Liens. A. Supplier, subcontractors and any other suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and any other suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and any other suppliers agree that this provision waiving the right of Claims will be an independent covenant. B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims. Section 16. Termination Of Agreement By City. A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, the City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event the City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools, and appliances and exercise all rights, 487 Contract No. ___________ 8 Revised 01-2024 options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City. B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which the City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated. C. On receipt of notice under B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise, 1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods, 2. Unless otherwise directed by the City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and 3. Deliver only such portions of the Goods which the City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site. D. Upon termination pursuant to B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that the City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to C. Section 17. Force Majeure A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event. B. 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 occurring at the project site; (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 work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. 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 the City in its capacity as a municipal authority. 488 Contract No. ___________ 9 Revised 01-2024 C. In the event of any such excused interference with shipments, the City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement. Section 18. Miscellaneous Provisions. A. 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: Supplier: Shade Structures, Inc. dba USA Shade PO Box 3467 Coppell, TX 75019 ATTN: William King City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 ATTN: 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. B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City. C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. E. 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. F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees. 489 Contract No. ___________ 10 Revised 01-2024 H. Interpretation. 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. I. No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. J. Authority to Enter 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. K. 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. L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods. N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing. [SIGNATURES ON FOLLOWING PAGE] 490 Contract No. ___________ 11 Revised 01-2024 SIGNATURE PAGE TO GOODS AND EQUIPMENT PURCHASE AGREEMENT BETWEEN THE CITY OF PALM DESERT AND SHADE STRUCTURES, INC. DBA USA SHADE AND FABRIC STRUCTURES IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written. CITY OF PALM DESERT _____________________________ SHADE STRUCTURES, INC. DBA USA SHADE AND FABRIC STRUCTURES, A CORPORATION City Clerk QC: _____ Contracts QC: _____ Insurance: _____ Initial Review _____ Final Approval 491 Contract No. ___________ Exhibit “A” Revised 01-2024 Exhibit A Goods Specifications 492 Contract No. ___________ Exhibit “A” Revised 01-2024 493 Contract No. ___________ Exhibit “B” Revised 01-2024 Exhibit B Delivery Schedule See attached scope of services per contractor’s proposal Contractor’s schedule is as follows: Contract Finalization; Insurance 2 weeks Engineering Drawings 4-6 weeks Manufacturing 6-8 weeks Shipping 1 week 494 Contract No. ___________ 1 Revised 01-2024 CITY OF PALM DESERT GOODS AND EQUIPMENT PURCHASE AGREEMENT CIVIC CENTER PARK PLAYGROUND EQUIPMENT This Goods and Equipment Purchase Agreement (“Agreement”) is made and entered into this 10th day of July, 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 Landscape Structures, Inc., a Corporation, with its principal place of business at 601 7th Street South, Delano, MN 55328 ("Supplier"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." Section 1. Definitions/Cooperative Procurement. A. Definitions. 1. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor, or other services, including design, engineering, and installation services, provided by Supplier as specified in Exhibit “A”, attached hereto and incorporated herein by reference. 2. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to the City, ready for approval, testing and/or use as specified in Exhibit “B.” B. Cooperative Procurement. This Agreement is entered into pursuant to City of Palm Desert Municipal Code section 3.30.160, which authorizes participation with other governmental agencies who have, through a bidding process, determined to award or purchase goods and/or services from Supplier. 1. Program. The purchase has been made through California Multiple Award Schedules, a program for the procurement of goods and services for governmental agencies. Documents related to the procurement of this Agreement shall be made available to City upon request. 2. Reserved. Section 2. Materials And Workmanship. When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without the City’s written approval. Machinery, equipment or material installed in the Goods without the approval required by this 0 will be deemed to be defective material for purposes of 0. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, the City will decide the question of equality. When requested by the City, Supplier will furnish the City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment, and material to be incorporated in the Goods. Material samples will be submitted at the City’s request. Section 3. Inspections And Tests. The City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, 495 Contract No. ___________ 2 Revised 01-2024 unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, the City may reject the Goods or exercise any of its rights under C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair the City’s right to reject nonconforming goods, irrespective of the City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof. Section 4. Warranty. A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for the period specified in Appendix A based on the material type, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by the City as required for final payment under 0. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards. B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. The City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this B. C. For any breach of the warranties contained in A and B, Supplier will, immediately after receiving notice from the City, at the option of the City, and at Supplier’s own expense and without cost to the City: 1. Repair the defective Goods; 2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or 3. Repay to City the purchase price of the defective Goods. If City selects repair or replacement, any defects will be remedied without cost to the City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to the City. D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold the City and their officials, officers, employees, volunteers, representatives and agents harmless against any and all third-party claims resulting from the breach or inaccuracy of any of the foregoing warranties. E. In the event of a breach by Supplier of its obligations under this 0, the City will not be limited to the remedies set forth in this 0, but will have all the rights and remedies permitted by 496 Contract No. ___________ 3 Revised 01-2024 applicable law, including without limitation, all of the rights and remedies afforded to the City under the California Commercial Code. Section 5. Prices. Unless expressly provided otherwise, all prices and fees specified in Exhibit “A,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by the City’s authorized representative. The total price shall include (i) all federal, state, and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to the City hereunder; and (ii) all charges for packing, freight and transportation to destination. Section 6. Changes. City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between the City and Supplier and such change will be authorized by a change order document signed by the City and accepted by Supplier. Section 7. Payments. A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods. B. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Milestones are met. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “B.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by the City in advance of the first invoice cycle. C. Payments otherwise due may be withheld by the City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect the City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, the City may remove them at Supplier’s expense. D. Payment of the final Progress Milestone payment or any retention will be made by City upon: 497 Contract No. ___________ 4 Revised 01-2024 1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone; 2. Written acceptance of the Goods by the City; 3. Delivery of all drawings and specifications, if required by City; 4. Delivery of executed full releases of any and all liens arising out of this Agreement; and 5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full. If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to the City to indemnify City against any claim or lien at no cost to the City. E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against the City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. Section 8. Schedule For Delivery. A. The time of Supplier’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify the City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights the City may have under this Agreement or at law, Supplier shall pay City the sum of $250.00 per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.” B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that the City can maximize the efficient completion of such project(s). Section 9. Taxes. A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement. B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld. 498 Contract No. ___________ 5 Revised 01-2024 C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier. D. Supplier will, upon written request, submit to the City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder. Section 10. Independent Contractor. Supplier enters into this Agreement as an independent contractor and not as an employee of the City. Supplier shall have no power or authority by this Agreement to bind the City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors, or subcontractors hired or retained by the Supplier are employees, agents, contractors, or subcontractors of the Supplier and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement. Section 11. Subcontracts. Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to the City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City. Section 12. Title And Risk Of Loss. Unless otherwise agreed, the City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of the City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then the City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods, but which does not become a part of the Goods. Section 13. Indemnification. A. Supplier shall defend, indemnify and hold the City of Palm Desert (“City”), and their officials, officers, employees, volunteers, representatives and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or 499 Contract No. ___________ 6 Revised 01-2024 incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors, and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City. B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, and their officials, officers, employees, agents, representatives or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against the City or its officials, officers, employees, agents, representatives, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse the City and their officials, officers, employees, agents, representatives and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, and their officials, officers, employees, agents, representatives, or volunteers. Section 14. Insurance. A. General. Supplier shall take out and maintain: 1. Commercial General Liability Insurance, of at least $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01; 2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto); 3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and 4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials. 5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000. B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The policies required under this Section shall give the City, and their officials, officers, employees, agents, representatives, or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City, or any additional insureds shall not be called upon to contribute to any loss and shall contain or be endorsed with a waiver of subrogation in favor of the City, and their officials, officers, employees, agents, representatives, and volunteers. The 500 Contract No. ___________ 7 Revised 01-2024 limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement. C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. D. Evidence of Insurance. Supplier shall furnish the City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods. Section 15. Liens. A. Supplier, subcontractors and any other suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and any other suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and any other suppliers agree that this provision waiving the right of Claims will be an independent covenant. B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims. Section 16. Termination Of Agreement By City. A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, the City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event the City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools, and appliances and exercise all rights, 501 Contract No. ___________ 8 Revised 01-2024 options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City. B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which the City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated. C. On receipt of notice under B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise, 1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods, 2. Unless otherwise directed by the City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and 3. Deliver only such portions of the Goods which the City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site. D. Upon termination pursuant to B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that the City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to C. Section 17. Force Majeure A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event. B. 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 occurring at the project site; (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 work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. 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 the City in its capacity as a municipal authority. 502 Contract No. ___________ 9 Revised 01-2024 C. In the event of any such excused interference with shipments, the City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement. Section 18. Miscellaneous Provisions. A. 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: Supplier: Landscape Structures, Inc. 601 7th Street South Delano, MN 55328 ATTN: Taylor Smith City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 ATTN: 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. B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City. C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. E. 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. F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees. 503 Contract No. ___________ 10 Revised 01-2024 H. Interpretation. 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. I. No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. J. Authority to Enter 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. K. 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. L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods. N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing. [SIGNATURES ON FOLLOWING PAGE] 504 Contract No. ___________ 11 Revised 01-2024 SIGNATURE PAGE TO GOODS AND EQUIPMENT PURCHASE AGREEMENT BETWEEN THE CITY OF PALM DESERT AND LANDSCAPE STRUCTURES, INC. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written. CITY OF PALM DESERT _____________________________ LANDSCAPE STRUCTURES, INC., A CORPORATION City Clerk QC: _____ Contracts QC: _____ Insurance: _____ Initial Review _____ Final Approval 505 Contract No. ___________ Exhibit “A” Revised 01-2024 Exhibit A Goods Specifications 506 Contract No. ___________ Exhibit “A” Revised 01-2024 507 Contract No. ___________ Exhibit “B” Revised 01-2024 Exhibit B Delivery Schedule See attached scope of services per contractor’s proposal Contractor’s schedule is as follows: Contract Finalization; Insurance 2-3 weeks Manufacturing 8-10 weeks Shipping 1 week 508 509 510 511 512 DR A W I N G # : SY S T E M T Y P E : SW I G G L Y ST I X 16 4 0 7 4 SIN G L E B O B B L E SP R I N G R I D E R 17 9 1 8 5 FO U R A R C H E S AR C H # 1 ARCH #2 ARCH #3 ARCH #4 HE M I S P H E R E C L I M B E R 15 6 4 4 8 O- Z O N E 15 6 4 4 9 HE L I X N E T 15 6 4 5 0 SW I G G L E S T I X 513 514 515 516 517 518 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 10, 2025 PREPARED BY: Cesar Lopez, Associate Engineer SUBJECT: RESOLUTION APPROVING FINAL PARCEL MAP NO. 38366 AND AGREEMENTS RECOMMENDATION: 1. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION OF FINAL PARCEL MAP NO. 38366.” 2. Authorize the Mayor to execute Easement Agreements. 3. Authorize the City Attorney to make non-substantive changes to the Agreements and City Manager to execute said Agreements. BACKGROUND/ANALYSIS: On October 13, 2022, the City Council approved Palm Villas at Millenium for a Precise Plan (PP) 22-0003, Tentative Parcel Map (TPM) 38366, and Environmental Assessment (EA) 22-0003 by Resolution No. 2022-85 within the Millennium Palm Desert Specific Plan (MSP), a request by Palm Communities, LLC, 100 Pacifica, Ste 205, Irvine, CA 92618 (Applicant). A two-phased development of a 241-unit multi-family (affordable housing) development, a housing density bonus, and related improvements on a 10.49-acre site (Project) located at the northwest corner of Gerald Ford Drive and the extension of Technology Drive . The vacant 10.49-acre site includes Parcel 8 and a portion of Parcel 9 of Parcel Map 36792, Assessor’s Parcel Number 694-120-028 and 694-120-029, parcels owned by the City of Palm Desert. The TPM 38366 approvals by Resolution No. 2022-85 (Conditions of Approval), allowed the subdivision of the 10.49-acre site into two parcels (Parcel 1 and Parcel 2). On November 23, 2022, the City of Palm Desert Housing Authority and the Applicant entered into a Disposition, Development, and Loan Agreement (DDLA) to sell the undeveloped property after the City records Final Parcel Map 38366. Subsequent amendments and restated DDLA agreements have been signed with the latest dated October 10, 2024. Therefore, the city is scheduled to collect the Subdivision Improvement Agreements and Bonds to secure improvements after the close of escrow per the DDLA. On October 1, 2024, the Planning Commission approved a twelve -month time extension for PP22-0003 and TPM 38366 until October 1, 2025 by Resolution No. 2884. The City Engineer has determined that Final Parcel Map No. 38366 meets the application requirements of the Subdivision Map Act and the City’s ordinances. The Final Map has been deemed technically correct by the City Engineer, and the Conditions of Approval in the resolu tion have been satisfied with the exceptions stipulated in the DDLA which requires the Applicant to 519 City of Palm Desert Final Parcel Map 38366 and Agreements Page 2 of 2 provide agreements and securities after conveyance of the property. The cost estimates for these improvements and monuments have been evaluated and easement agreements required for the Project have been reviewed in draft form. The Applicant will enter into an agreement with the city to ensure the maintenance obligations for the phased site, which includes maintaining all lots reserved for open space, landscaping and storm drain purposes, and all landscaping located in the public right -of-way adjacent to private property and within medians and roundabouts within the community. On June 26, 2025, the City Council accepted public improvements for the extension of Technology Drive and Zenith Drive Staff fronting the City-owned parcel associated with the Palm Villas project. These improvements were constructed by Palm Desert University Gateway, LLC as part of the adjacent development, and the City will reimburse t he developer for the cost of constructing the improvements fronting the property, consistent with the terms of the reimbursement arrangement. While Resolution 2022-85 identified these specific street improvements as the responsibility of the Palm Villas project in the event they were not otherwise constructed, their completion by the master developer satisfies that obligation. Therefore, Palm Villas is no longer responsible for this specific scope of work. All remaining required improvements, including sidewalks, landscaping, irrigation, and utilities, remain the responsibility of the Palm Villas project, as outlined in Resolution 2022 -85. Legal Review: This report has been reviewed by the City Attorney’s Office. Environment Review: The proposed Final Map is a project under CEQA. The adoption of the Final Map is exempt from CEQA under Section 15268(b) of Chapter 3 of Title 14 of the California Code of Regulations (State CEQA Guidelines). Section 15628(b) exempts ministerial approval by public agencies from CEQA. Final Maps are specifically cited as a type of ministerial permit. Therefore, this project qualifies for the identified exemption. ATTACHMENTS: 1. Resolution 2025- 2. Conditions of Approval Res No. 2022-85 3. Tentative Parcel Map 38366 4. Time Extension Resolution No. 2884 5. Final Parcel Map 38366 6. Applicant’s Bonding Letter 7. Draft Phase I and Phase II Access Easement 8. Draft Parcel 9 Easement 9. Draft Maintenance Easement Agreement 520 RESOLUTION NO. 2025-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF FINAL PARCEL MAP NO. 38366 WHEREAS, the Parcel Map conforms to the requirements of the Subdivision Map Act and City Ordinances; and WHEREAS, on October 13, 2023, the Tentative Parcel Map 38366 (TPM 38366) was approved to include 10.49-acres inclusive of Parcel 8 and a portion of Parcel 9 of Parcel Map 36792, Assessor’s Parcel Number 694-120-028 and 694-120-029, parcels owned by the City of Palm Desert. The TPM 38366 approvals by City Council Resolution No. 2022-85, allowed the subdivision of the 10.49-acre site into two parcels; and WHEREAS, on November 23, 2022, City of Palm Desert Housing Authority and Palm Communities, LLC (Developer) entered into a Disposition, Development, and Loan Agreement (DDLA) to sell the undeveloped property after the City records Final Parcel Map 38366; and WHEREAS, On October 1, 2024, the Planning Commission approved a twelve- month time extension for PP22-0003 and TPM 38366 until October 1, 2025 by Resolution No. 2884; and WHEREAS, on October 10, 2024, the City of Palm Desert Housing Authority signed a Third Amendment and Restated DDLA. WHEREAS, the Final Subdivision Map of Parcel Map 38366, has met the Conditions of Approval for this project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Final Subdivision Map of Parcel Map 38366, City of Palm Desert, California, is hereby approved as the official map of said parcel, subject to the conditions of the Tentative Map. SECTION 3. The Director of Development Services is directed to process the Parcel Map for recording upon receipt of the required payment of all fees. SECTION 4. Effective Date. This Resolution shall take effect immediately upon this adoption. 521 Resolution No. 2025-____ Page 2 ADOPTED ON ________________, 2025. JAN HARNIK, MAYOR ATTEST: ANTHONY J. MEJIA, CITY CLERK 522 Resolution No. 2025-____ Page 3 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 ______________, 2025. ANTHONY J. MEJIA CITY CLERK 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 INT E R S T A T E 1 0 UNIO N P A C I F I C R A I L R O A D DINA H S H O R E D R I V E DI N A H S H O R E D R I V E GERALD FORD DRIVE TEC H N O L O G Y DRIVE PROPOSED LOT 1 AREA=262,362.40 SF AREA= 6.023 AC PROPOSED LOT 2 AREA=194,494.88 SF AREA= 4.465 AC LINE AND CURVE TABLE GERALD FORD DRIVE DINAH SHORE DRIVETECHNOLOGY DRIVE PHASE I PROJECT ENTRY AT TECHNOLOGY DRIVE PHASE II PROJECT ENTRANCE AT DINAH SHORE DRIVE TENTATIVE PARCEL MAP NO. 38366 PALM VILLAS AT MILLENNIUM AFFECTING PARCEL 8 OF PARCEL MAP NO. 36792 CITY OF PALM DESERT PROJECT LOCATION NORTH 1 1 LEGAL DESCRIPTION APN OWNER DEVELOPER LEGEND TOPOGRAPHY SOURCE TENTATIVE PARCEL MAP NO. 38366 DATE OF SURVEY ADDRESS BASIS OF BEARING PARCEL 8 AREA FLOOD ZONE NOTE ZONING NOTE BENCHMARK NOTE MONUMENT NOTE SURVEYOR'S NOTES RECORD DATA LEGEND SURVEY PERFORMED BY: — GENERAL NOTESPARCEL 8 TITLE INFORMATION PARCEL 9 EASEMENT NOTES CIVIL ENGINEER RESPONSIBLE IN CHARGE OF THIS TPM UTILITY PROVIDERS 547 548 PLANNING COMMISSION RESOLUTION NO. 2884 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TWELVE-MONTH TIME EXTENSION FOR PRECISE PLAN 22-0003 AND TENTATIVE PARCEL MAP 38336 UNTIL OCTOBER 13, 2025 CASE NO. PP 22-0003/TPM 38336 Extension No. 1 WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of October 2022, adopt Resolution No. 2022-85, approving Precise Plan 22-0003 and Tentative Parcel Map 38336 for a 241-unit, multi-family affordable housing development community consisting of 10 three-story apartment buildings, one (1) two-story community building with two (2) on-site manager’s units, outdoor recreation areas, landscaping, and associated parking areas on a 10.49-acre site on the northwest corner of Gerald Ford Drive and Technology Drive; and WHEREAS, the original resolution for the Precise Plan and tentative map established a 24-month life and was set to expire on October 13, 2024; and WHEREAS, a timely request was filed by Palms Communities, the authorized representative for the property owner, for an extension of Precise Plan 22-0003 and TPM 38336; and WHEREAS, the original findings and Conditions of Approval in the entirety for Planning Case Nos. PP 22-0003 and TPM 38336 as stated in City Resolution No. 2022-85 are still applicable to the project and incorporated herein by reference; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of October 2024, consider the request by the property owner for approval of the above-noted extension of time request at a duly noticed public hearing; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the following facts and reasons, which are outlined in the staff report exist to justify approval of said request; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. Project Approval. The Planning Commission approves a twelve-month time extension for Planning Case Nos. Precise Plan 22-0003 and TPM 38336 from to October 13, 2025, subject to the Conditions of Approval attached hereto as Exhibit “A.” Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE 549 PLANNING COMMISSION RESOLUTION NO. 2884 2 ADOPTED ON October 1, 2024 RON GREGORY CHAIRPERSON ATTEST: RICHARD D. CANNONE, AICP SECRETARY I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert, hereby certify that Resolution No. 2884 is a full, true, and correct copy, and was duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on October 1, 2024, by the following vote: AYES: GREGORY, GREENWOOD, HOLT, PRADETTO NOES: NONE ABSENT: NONE ABSTAIN: NONE RECUSED: DELUNA IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on October _11_, 2024. RICHARD D. CANNONE, AICP SECRETARY Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE 550 PLANNING COMMISSION RESOLUTION NO. 2884 3 EXHIBIT A CONDITIONS OF APPROVAL CASE NOS. PP22-0003/TPM 38336 EXTENSION OF TIME NO. 1 PLANNING DIVISION: 1. The Applicant agrees that in the event of any administrative, legal, or equitable action instituted by a third party challenging the validity of any of the procedures leading to the adoption of these Project Approvals for the Project, or the Project Approvals themselves, the Developer and City each shall have the right, in their sole discretion, to elect whether or not to defend such action. The Developer, at its sole expense, shall defend, indemnify, and hold harmless the City (including its agents, officers, and employees) from any such action, claim, or proceeding with counsel chosen by the City, subject to the Developer’s approval of counsel, which shall not be unreasonably denied, and at the Developer’s sole expense. If the City is aware of such an action or proceeding, it shall promptly notify the Developer and cooperate in the defense. The Developer, upon such notification, shall deposit with City sufficient funds in the judgment of the City Finance Director to cover the expense of defending such action without any offset or claim against said deposit to assure that the City expends no City funds. If both Parties elect to defend, the Parties hereby agree to affirmatively cooperate in defending said action and to execute a joint defense and confidentiality agreement in order to share and protect the information under the joint defense privilege recognized under applicable law. As part of the cooperation in defending an action, City and Developer shall coordinate their defense in order to make the most efficient use of legal counsel and to share and protect information. The Developer and City shall each have sole discretion to terminate its defense at any time. The City shall not settle any third-party litigation of Project approvals without the Developer’s consent, which consent shall not be unreasonably withheld, conditioned, or delayed unless the Developer materially breaches this indemnification requirement. 2. The Applicant shall comply with the Conditions of Approval of the previously approved per City Council Resolution No. 2022-85, attached hereto as Exhibit “B” in their entirety. The Conditions of Approval are still applicable and valid and are incorporated herein by reference. 3. The Precise Plan 22-0003 and Tentative Parcel Map 38336 map will expire on October 13, 2025, unless an extension of time is granted by the City of Palm Desert’s Planning Commission. END OF CONDITIONS OF APPROVAL Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE 551 EXHIBIT B Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE 552 Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE 553 Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE 554 Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE 555 Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE 556 Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE 557 Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE 558 Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE 559 Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE 560 Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE 561 Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE 562 Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE 563 Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE 564 Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE 565 Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE 566 Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE 567 Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE 568 Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE 569 Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE 570 Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE 571 Docusign Envelope ID: 960707B4-EE36-4FCA-BDCF-6E552E4EA5DE 572 573 574 575 576 577 578 579 580 WITH A COPY TO (SPACE ABOVE THIS LINE FOR RECORDER’S USE) PHASE I AND PHASE II ACCESS EASEMENT This PHASE II ACCESS EASEMENT II ACCESS EASEMENT (this “Agreement”) is made as of __________ 2025, by and between, PD MILLENIUM PARTNERS LP, a California limited partnership, (the “Partnership”), and the CITY OF PALM DESERT, a municipal corporation (the “City”), individually a “Party” and collectively referred to herein as the “Parties”. RECITALS A. The Partnership owns an approximately 6.02-acre parcel of real property located on the north side of Gerald Ford Drive between Portola Road and Cook Street in Palm Desert, California, as more particularly described in Exhibit A attached hereto (“Phase I Parcel”), on which the Partnership intends to construct and own one hundred twenty (120) units of affordable rental housing commonly known as Palm Villas I (“Phase I Project”). B. The City owns an approximately 4.47-acre parcel of real property located on the north side of Gerald Ford Drive between Portola Road and Cook Street in Palm Desert, California in the City of Palm Desert, California, as more particularly described in Exhibit B attached hereto (the “Phase II Parcel”). The Phase II Parcel is adjacent to the Phase I Parcel and is intended to be Phase II of the Palm Villa development with one hundred nineteen (119) units of affordable rental housing (the “Phase II Project”). C. The Partnership intends to construct a private street for ingress and egress through the Phase I Project (the “Phase I Street”) and include a community building, picnic facilities, swimming pool, tot lot and retention basins as part of the Phase I Project (collectively the “Common Area Facilities”). D. Through this Agreement, the Partnership and the City desire to grant each other certain nonexclusive easements over Phase I and Phase II and to allocate certain rights and responsibilities in connection with the maintenance and repair of such easements. 581 P6401-0001\3102526v1.doc E. The Partnership desires to construct a private street across the Phase II Parcel to gain access through the adjacent City-owned parcel, commonly known as “Parcel 9”, to access Dinah Shore Drive (the “Phase II Street Improvements”), which Phase II Street Improvements will be an extension of the Phase I Street Improvements. F. In connection with the Phase I Project, the Partnership desires to secure a non - exclusive, appurtenant easement (subject to the terms and conditions of this Agreement) to allow for: (i) access, ingress and egress by and for the Partnership and its tenants, subtenants, licensees, invitee, customers, contractors, employees, and agents including both pedestrian and vehicular access from the Phase I Parcel across the Phase II Parcel to the adjoining City-owned parcel known as Parcel 9; (ii) construction of the Private Street Improvements; and (iii) maintenance, repair, and replacement of the Private Street Improvements in connection with such access. G. In connection with the Phase II Project, the City, on behalf of the eventual owner of the Phase II Project desires to secure a non-exclusive, appurtenant easement (subject to the terms and conditions of this Agreement), to allow for: (i) access, ingress and egress by and for the Phase II owner and its tenants, subtenants, licensees, invitees, customers, contractors, employees, and agents including both pedestrian and vehicular access from the Phase II Parcel across the Phase I Parcel. H. In connection with the Phase II Project, the City, on behalf of the eventual owner of the Phase II Project desires to secure a non-exclusive, appurtenant easement (subject to the terms and conditions of this Agreement), to allow for access and use of the Common Area Facilities by the Phase II owner and its eligible tenants upon completion of construction of the Phase II Project. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement, the Parties agree as follows: Section 1. Grant of Phase I Access Easement. The City hereby grants to the Partnership and its tenants, subtenants, licensees, invitees customers, contractors, employees, and agents, for the benefit of the Phase I Parcel the following easements: (i) a non-exclusive easement for pedestrian and vehicular access, ingress and egress by the Permitted Parties over and across the Phase II Parcel, as more particularly described in Exhibit C-1 attached hereto (the “Street Easement”); (ii) an exclusive temporary easement over the Street Easement in order to construct, alter, remodel, demolish, repair, restore and reconstruct the Private Street Improvement,; and (iii) a non-exclusive easement over, upon and across the Street Easement for the purpose of maintaining, operating and repairing the Private Street Improvements (collectively the “Phase I Access Easement”). The Partnership specifically acknowledges and agrees that the City is granting the Phase I Access Easement to the Partnership on an “as is with all faults” basis and subject to all title matters of record and all title matters visible upon inspection. Section 2. Grant of Phase II Access Easement. The Partnership hereby grants to the City, on behalf of the eventual Phase II owner and its tenants, subtenants, licensees, invitees, customers, contractors, employees and agents, for the benefit of the Phase II Parcel, a non- exclusive easement for pedestrian and vehicular access, ingress and egress by the Permitted Parties 582 P6401-0001\3102526v1.doc over and across the Phase I Parcel, as more particularly described in Exhibit C-2 attached hereto (the “Phase II Access Easement”). Section 3. Common Area Facility Access Easement. The Partnership hereby grants to the eventual owner of the Phase II Project a non-exclusive, appurtenant easement (subject to the terms and conditions of this Agreement), to allow for access and use of the Common Area Facilities by the Phase II owner and its eligible tenants upon completion of construction of the Phase II Project. Section 4. Term. All deeds, leases or other real property conveyance contracts entered into by the Grantee on or after the date of this Grant Deed as to any portion of the Property shall contain the following language: (a) The term of the Phase I Access Easement shall commence as of the Effective Date and will be perpetual unless sooner terminated as a result of the demolition of the housing developments on the Phase I Parcel, which is not replaced by another residential development. (b) Subject to Section 9 below, the term of the Phase II Access Easement shall commence as of the close of escrow for the sale of the Phase II Parcel by the City to the prospective Phase II owner and will be perpetual unless sooner terminated as a result of the demolition of the housing developments on the Phase II Parcel, which is not replaced by another residential development. (c) Subject to Section 9 below, the term of the Common Area Facilities Easement shall commence as issuance of a certificate of occupancy (or temporary certificate of occupancy) for the Phase II Project and will continue through the life of the Common Area Facilities on the Phase I Project. Section 5. Nature of Easements. The Easements granted in this Agreement are appurtenant to and for the benefit of the Phase I Parcel and the Phase II Parcel. The Easements may not be transferred, assigned, or encumbered except as an appurtenance to the Phase I Parcel or the Phase II Parcel, respectively. Section 6. Covenants Running with the Land. The City and the Partnership expressly intend that the covenants contained in this Agreement with respect to each easements described in this Agreement will be equitable servitudes and covenants running with and benefiting and burdening the Phase I Parcel and Phase II Parcel. Section 7. Construction of the Street Improvements. The Partnership shall construct the Private Street Improvements in accordance with City-approved plans and specifications for the construction of the Private Street Improvements. The Partnership shall diligently prosecute such construction to completion at the Partnership’s sole cost and expense. The Partnership agrees th at the Private Street Improvements shall be constructed in a good and workmanlike manner and in accordance with all applicable laws, rules, ordinances and regulations. 583 P6401-0001\3102526v1.doc Section 8. Maintenance and Repair of Access Easement. The Partnership shall provide for the appropriate upkeep and maintenance of the portion of the Street Easement, unless otherwise agreed upon by the Parties, to ensure that the Street Easement is maintained in good condition and repair and clean and free of rubbish, debris and other hazards to users. The Partnerships shall maintain the surface of the Street Easement so that the surface is level and evenly covered with the type of surfacing material originally installed or a substitute material that is equal in quality, appearance, and durability. Section 9. Use and Maintenance Agreement. As a condition of the commencement of the Phase II Access Easement and the Common Area Facilities Easement, the Partnership and the Phase II Parcel owner shall negotiate in good faith a cost sharing agreem ent for the reasonable allocation of maintenance costs of the Phase I Access Easement, the Phase II Access Easement and the Common Area Facilities Easement. The Parties shall also include the costs for any other easements benefiting or burdening one or both Parties. In addition to the cost sharing, the Parties shall agree on reasonable rules and regulations governing the use of the Common Area Facilities by the tenants of the Phase I Project and the Phase I Project. The City acknowledges that the Phase I Project is using Low-Income Housing Tax Credits (“LIHTCs”) as a funding mechanism and as a result the rules and regulations governing the use of the Common Area Facilities may contain restrictions imposed by the use of LIHTCs. Section 10. Amendment of Agreement. The Parties anticipate that this Agreement may need to be amended prior to the recordation of the Parcel Map and/or the conveyance of the Phase II Parcel by the City to ensure that the Agreement clearly delineates mutual responsibilities and rights with respect to Common Area Facilities’ maintenance, control and use in order to fully comply with the City’s condition of approval for the Parcel Map. Section 11. Insurance and Indemnification Requirements. The Partnership shall maintain insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Easements. (a) Required Coverage. The Partnership must maintain and keep in force, at the Partnership’s sole cost and expense, the following insurance: (1) Worker’s Compensation insurance, as required by the State of California and consistent with statutory limits, and Employers’ Liability coverage, with limits not less than One Million Dollars ($1,000,000) each accident for bodily injury or disease. (2) Commercial General Liability insurance with limits not less than One Million Dollars ($1,000,000) each occurrence and Five Million Dollars ($5,000,000) aggregate combined single limit for Bodily Injury and Property Damage including coverages for Contractual Liability, Personal Injury, Broadform Property Damage, Products and Completed Operations. Products and Completed Operations coverage must be obtained no later than completion of construction of the Development. The Partnership shall cause the Partnership’s general contractor to maintain Commercial General Liability insurance limits not less than Two Million Dollars ($2,000,000) each occurrence and Four Million Dollars ($4,000,000) aggregate combined single limit for Bodily Injury and Property Damage, including coverages for Contractual Liability, Personal Injury, Broadform Property Damage, Products and Completed Operations. 584 P6401-0001\3102526v1.doc (b) General Requirements. (1) The required insurance must be provided under an occurrence form, and the Developer must maintain such coverage continuously throughout the Term. Should any of the required insurance be provided under a form of coverage that includes an annual aggregate limit or provides that claims investigation or legal defense costs be included in such annual aggregate limit, such annual aggregate limit must be three (3) times the occurrence limits specified above. (2) Commercial General Liability insurance must be endorsed to name as additional insureds the City and its elected officials, officers, directors, representatives, consultants, employees, and agents. The endorsement must include liability arising out of work or operations performed by or on behalf of the Partnership including materials, parts, or equipment furnished in connection with such work or operations. For commercial general liability, the policy must be endorsed with a form at least as broad as ISO form CG 20 10 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used. (3) The Partnership’s insurance must be primary to any other insurance (including self-insurance) available to the City (including elected officials, officers, directors, representatives, consultants, employees, and agents) with respect to any claim arising out of this Agreement. Any insurance maintained by the City shall be in excess of the Partnership’s insurance and shall not contribute with it. (4) No policy shall be canceled, limited, or allowed to expire without renewal until after thirty (30) days written notice has been given to the City by first class mail. (5) Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated. Section 12. Indemnification. (a) The Partnership hereby agrees to release, indemnify and defend the City, its councilmembers, its officers, its employees from and against any and all claims, liabilities, losses, damages, costs and expenses arising from or as the result of the death of, or any accident, injury, loss or damage to, any person or property that occurs within the Phase I Access Easement. Notwithstanding the foregoing, the City will not be entitled to such indemnification for any damage to the extent caused by its own negligence or by its willful misconduct. (b) The City, in its capacity as the Phase II Parcel owner, hereby agrees to release, indemnify and defend the Partnership, its officers, its employees from and against any and all claims, liabilities, losses, damages, costs and expenses arising from or as the result of the death of, or any accident, injury, loss or damage to, any person or property that occurs within the Phase II Access Easement or as a result of the use of the Common Act Facilities Easement. Notwithstanding the foregoing, the Partnership will not be entitled to such indemnification for any damage to the extent caused by its own negligence or by its willful misconduct. Upon the sale of the Phase II Parcel to a third party, the City shall be released from this indemnity obligation for 585 P6401-0001\3102526v1.doc events occurring after the close of escrow for the Phase II Parcel and the new Phase II Parcel owner shall be bound by the obligation hereunder. Section 13. Remedies. If there is a material breach of any provision of this Agreement, a non-breaching Party may serve written notice of the breach of the breaching Party. If the breach is not cured within thirty (30) days following receipt of the notice of breach (or such longer period as is reasonably necessary to remedy such breach, provided that the breaching Party shall continuously and diligently pursue such remedy at all times until such breach is cured), the non - breaching Party may take any and all action as permitted by law. Section 14. Rights of Mortgagees and Investor. (a) Right to Encumber. Each owner of the Phase I Parcel and Phase II Parcel shall have the right to encumber its interest by any Mortgage, provided such Mortgage is subject to and subordinate to this Agreement. Each owner of the Phase I Parcel and Phase II Parcel, upon written request by either the Partnership or the Phase II Parcel owner, shall obtain written recordable agreements from its lenders and other holders of such Mortgages, if any, whereby such lienors agree to subordinate their interests under such liens to the rights and interests of the Parties created by this Agreement. As used herein, the term “Mortgagee” shall mean any mortgagee, beneficiary under any deed of trust or governmental agency which is a grantor of funds. The term “Mortgagor” shall mean the mortgagor or trustor under a “Mortgage.” The term “Mortgage” shall mean any mortgage or deed of trust, bonds, grant of taxable or tax-exempt funds from a governmental agency. (b) Breach Won’t Defeat Lien. The breach of any of the provisions of this Agreement shall not defeat or render invalid the lien of any Mortgage encumbering the parcel or any portion thereof which is/are made in good faith and for value, provided that all provisions of this Agreement shall be binding and effective against any Party whose acquired the parcel by foreclosure, deed in lieu of foreclosure, trustee’s sale or otherwise. (c) Notice to Mortgagee. Any default notices provided for in this Agreement shall also be provided to the holder of any Mortgage requesting a copy of such notices. (d) Right to Cure. If any notice of default shall be given and the defaulting Party fails to cure or commence to cure such default within thirty (30) days of receipt of notice of such default, then in that event the Mortgagee under any Mortgage affecting the property of the defaulting Party shall be given an additional notice that the defaulting Party has failed to cure or commence to cure such default and such Mortgagee shall have an additional thirty (30) days to diligently commence curing within such time and diligently prosecute to completion within a reasonable time. (e) No Obligation to Cure. Nothing contained in this Agreement shall require any Mortgagee to cure any default of a Party prior to its acquisition of title to a pro perty pursuant to foreclosure, trustee’s sale or deed in lieu of foreclosure. Upon acquisition of title to a Property pursuant to a foreclosure, trustee’s sale or deed in lieu of foreclosure, such Mortgagee, the purchaser or grantee, as applicable, shall only be liable and responsible for defaults accruing after the date of such acquisition and neither any Mortgagee no successor thereof shall be liable for any 586 P6401-0001\3102526v1.doc damages, costs, liabilities or expenses, and such Party’s property shall not be subject to any li en under this Agreement for any amounts due hereunder, based upon the actions, defaults or violations taken or suffered by any Party hereunder prior to the date of such foreclosure, trustee sale or deed in lieu of foreclosure. Section 15. No Public Dedication. Nothing herein shall be deemed to be a gift or dedication of any portion of the Easements to the general public or for any public purposes whatsoever. It is the intention of the Parties that this Agreement is strictly limited to and for the purposes herein expressed. The right of the public or any person to make any use whatsoever of any easement hereunder or any portion thereof is by permission and subject to the mutual agreement of the Parties. Notwithstanding anything to the contrary herein, the Parties may, by mutual agreement, periodically restrict ingress and egress to and from any or all of an easement in order to prevent any type of prescriptive easement from arising by reason of continued public use. Section 16. Notices. Formal notices, demands and communications between the Parties shall be sufficiently given if, and shall not be deemed given unless, dispatched by certified mail, return receipt requested, or express delivery service with a delivery receipt, to the principal offices of the Party as follows: Notices shall be deemed received as of the date delivered or delivery was refused as shown on the return receipt. The foregoing address may be changed by notice given as provided in this Agreement. Each Party shall promptly notify each of the other Part y of any change in its address as last disclosed. Section 17. Counterparts. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, and all of which taken together constitute this Agreement. Section 18. Effective Date. The Effective Date of this Agreement shall be the date that this Agreement has been fully executed and acknowledged by all Parties and recorded in the Official Records of Riverside County, California. Section 19. Legal Action. If any legal action is brought to interpret or enforce the terms of this Agreement, the prevailing Party shall be entitled to recover against the Party not prevailing, all reasonable costs, including attorneys’ fees, incurred in the action. 587 P6401-0001\3102526v1.doc Section 20. Entire Agreement. This Agreement contains the entire agreement between the Owners relating to the rights granted and the obligation hereunder assumed. Any oral representations or modification concerning this Agreement shall be of no force and effect excepting a subsequent modification in writing signed by the Parties. Section 21. Exhibits. Any and all Exhibits referred to in this Agreement are incorporated in this Agreement by this reference. Section 22. Successors an Assigns. This Agreement shall be binding upon, and shall inure to the benefit of, the Parties hereto and their permitted successors and assigns. Section 23. Amendments. This Agreement may be amended or modified only by a written instrument executed by the Parties. Section 24 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California. WHEREFORE, the Parties have executed this Agreement as of the date first written above. CITY:PARTNERSHIP: 588 EXHIBIT A LEGAL DESCRIPTION OF PHASE I THE LAND IN THE CITY OF PALM DESERT, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: 589 P6401-0001\3102526v1.doc EXHIBIT B LEGAL DESCRIPTION OF PHASE II THE LAND IN THE CITY OF PALM DESERT, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: 590 P6401-0001\3102526v1.doc EXHIBIT C-1 DESCRIPTION OF PHASE I ACCESS EASEMENT 591 P6401-0001\3102526v1.doc EXHIBIT C-2 DESCRIPTION OF PHASE II ACCESS EASEMENT 592 P6401-0001\3102526v1.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 593 P6401-0001\3102526v1.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 594 P6401-0001\3101807v1.doc 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: Housing Division AFTER RECORDATION MAIL TO AND MAIL TAX STATEMENTS TO: 100 Pacifica, Suite 203 Irvine, CA 92618 ______________________________________________________________________________ (SPACE ABOVE THIS LINE FOR RECORDER'S USE) PARCEL 9 EASEMENT AGREEMENT This Parcel 9 Easement Agreement (this "Agreement") is made as of ________, 2025, by and between PD MILLENIUM PARTNERS LP, a California limited partnership (the "Partnership"), and the CITY OF PALM DESERT, a municipal corporation (the "City”), (individually a "Party" and collectively referred to herein as the “Parties”), with reference to the following facts: RECITALS A. The Partnership owns an approximately 6.02-acre parcel of real property located at on the north side of Gerald Ford Drive between Portola Road and Cook Street in Palm Desert, California, as more particularly described in Exhibit A attached hereto ("Phase I Parcel"), on which the Partnership intends to construct and own one hundred twenty (120) units of affordable rental housing commonly known as Palm Villas I ("Phase I Project"). B. The City owns an approximately 4.47-acre parcel of real property located on the north side of Gerald Ford Drive between Portola Road and Cook Street in Palm Desert, California in the City of Palm Desert, California (the "Phase II Parcel"). The Phase II Parcel is adjacent to the Phase I Parcel and is intended to be Phase II of the Palm Villa development with one hundred nineteen (119) units of affordable rental housing. C. The City also owns an approximately 26.14-acre parcel of real property located on the Dina Shore Drive in Palm Desert, California in the City of Palm Desert, California, as more particularly described in Exhibit B attached hereto (the "Parcel 9") that is adjacent to the Phase II Parcel. 595 P6401-0001\3101807v1.doc 2 D. Through a separate agreement the City has granted easements to the Partnership over the Phase II Parcel to allow the Partnership to construct private street improvements on the Phase II Parcel (the "Private Street Improvements") and to have ingress and egress across the Phase II Parcel. E. The Partnership desires to construct street improvements across the Phase 9 to gain access Dinah Shore Drive (the "Street Improvements"), which Street Improvements will be connected to the Private Street Improvements. F. In connection with the Phase I Project, the Partnership desires to secure a non- exclusive, appurtenant easement (subject to the terms and conditions of this Agreement), to allow for: (i) access, ingress and egress by and for the Permitted Parties (defined below) including both pedestrian and vehicular access the Parcel 9; (ii) construction of the Street Improvements; (iii) maintenance, repair, and replacement of the Street improvements in connection with such access. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement, the Parties agree as follows: Section 1. Grant of Easements. The City hereby grants to the Partnership and its tenants, subtenants, licensees, invitees, customers, contractors, employees, and agents (the “Permitted Parties”), for the benefit of the Phase I Parcel the following easements: (i) a non- exclusive easement for pedestrian and vehicular access, ingress and egress by the Permitted Parties over and across the Parcel 9, as more particularly described in Exhibit C attached hereto (the "Access Easement"); (ii) an exclusive temporary easement over the Access Easement in order to construct, alter, remodel, demolish, repair, restore and reconstruct the Street Improvement (the "Construction Easement"); and (iii) a non-exclusive easement over, upon and across the Access Easement for the purpose of maintaining, operating and repairing the Private Street Improvements (the "Maintenance Easement") The Access Easement, the Construction Easement, and the Maintenance Easement shall be collectively referred to herein as the "Easements". The Partnership specifically acknowledges and agrees that the City is granting the Easements to the Partnership on an "as is with all faults" basis and subject to all title matters of record and all title matters visible upon inspection. Section 2. Term. Subject to the provisions of Section 3, each covenant, easement, restriction, and undertaking of the Easement contained in this Agreement will be perpetual, unless sooner terminated as a result of the demolition of the housing developments on the Phase I Parcel and Phase II Parcel, which are not replaced by another residential development. 596 P6401-0001\3101807v1.doc 3 Section 3. Termination of the Easement. The Parties intend that upon completion of the Street Improvements the City will inspect the completed improvements and confirm that the improvements comply with the City standards for a public street. Following the City's confirmation of the Street Improvement compliance with City standards, the City shall promptly dedicate the Access Easement as a public street and, at which time, the Easements shall terminate. The Parties shall execute and record the appropriate documents to evidence the termination of the Easements. Section 4. Nature of Easements. The Easements granted in this Agreement are appurtenant to and for the benefit of the Phase I Parcel. The Easements may not be transferred, assigned, or encumbered except as an appurtenance to the Phase I Parcel. Section 5. Covenants Running with the Land. The City and the Partnership expressly intend that the covenants contained in this Agreement with respect to the Easements described in this Agreement will be equitable servitudes and covenants running with and benefiting and burdening the Phase I Parcel and Parcel 9. Section 6. Construction of the Street Improvements. The Partnership shall construct the Private Street Improvement in accordance with City-approved plans and specifications for the construction of the Private Street Improvements. The Partnership shall diligently prosecute such construction to completion at the Partnership's sole cost and expense. The Partnership agrees that the Street Improvements shall be constructed in a good and workmanlike manner and in accordance with all applicable laws, rules, ordinances and regulations. Section 7. Maintenance and Repair of Access Easement. The Partnership shall provide for the appropriate upkeep and maintenance of the portion of the Access Easement to ensure that the Access Easement is maintained in good condition and repair and clean and free of rubbish, debris and other hazards to users. The Partnership's shall maintain the surface of the Access Easement so that the surface is level and evenly covered with the type of surfacing material originally installed or a substitute material that is equal in quality, appearance, and durability. Section 8. New Phase II Owner. If the City conveys the Phase II Parcel prior to the termination of this Agreement pursuant to Section 3, the new Phase II Owner its tenants, subtenants, licensees, invitees, customers, contractors, employees, and agents shall be consider Permitted Parties under this Agreement and the Parties and the new Phase II Owner will work cooperatively to record the appropriate documents to reflect that the Phase II Parcel is a benefitting parcel of the Easements set forth in Section 1 of this Agreement. Section 9. Insurance and Indemnification Requirements. The Partnership shall maintain insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Easements. (a) Required Coverage. The Partnership must maintain and keep in force, at the Partnership's sole cost and expense, the following insurance: 597 P6401-0001\3101807v1.doc 4 (1) Workers' Compensation insurance, as required by the State of California and consistent with statutory limits, and Employers' Liability coverage, with limits not less than One Million Dollars ($1,000,000) each accident for bodily injury or disease. (2) Commercial General Liability insurance with limits not less than One Million Dollars ($1,000,000) each occurrence and Five Million Dollars ($5,000,000) aggregate combined single limit for Bodily Injury and Property Damage, including coverages for Contractual Liability, Personal Injury, Broadform Property Damage, Products and Completed Operations. Products and Completed Operations coverage must be obtained no later than completion of construction of the Development. The Partnership shall cause the Partnership's general contractor to maintain Commercial General Liability insurance with limits not less than Two Million Dollars ($2,000,000) each occurrence and Four Million Dollars ($4,000,000) aggregate combined single limit for Bodily Injury and Property Damage, including coverages for Contractual Liability, Personal Injury, Broadform Property Damage, Products and Completed Operations. (b) General Requirements. (1) The required insurance must be provided under an occurrence form, and the Developer must maintain such coverage continuously throughout the Term. Should any of the required insurance be provided under a form of coverage that includes an annual aggregate limit or provides that claims investigation or legal defense costs be included in such annual aggregate limit, such annual aggregate limit must be three (3) times the occurrence limits specified above. (2) Commercial General Liability insurance must be endorsed to name as additional insureds the City and its elected officials, officers, directors, representatives, consultants, employees, and agents. The endorsement must include liability arising out of work or operations performed by or on behalf of the Partnership including materials, parts, or equipment furnished in connection with such work or operations. For commercial general liability, the policy must be endorsed with a form at least as broad as ISO form 20 10, GC 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used. (3) The Partnership's insurance must be primary to any other insurance (including self-insurance) available to the City (including elected officials, officers, directors, representatives, consultants, employees, and agents) with respect to any claim arising out of this Agreement. Any insurance maintained by the City shall be excess of th e Partnership's insurance and shall not contribute with it. (4) No policy shall be canceled, limited, or allowed to expire without renewal until after thirty (30) days written notice has been given to the City by first class mail. (5) Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated. Section 10. Indemnification. The Partnership hereby agrees to release, indemnify and defend the City, its councilmembers, its officers, its employees from and against any and all 598 P6401-0001\3101807v1.doc 5 claims, liabilities, losses, damages, costs and expenses arising from or as the result of the death of, or any accident, injury, loss or damage to, any person or property that occurs within the Easements. Notwithstanding the foregoing, the City will not be entitled to such indemnification for any damage to the extent caused by its own negligence or by its willful misconduct. Section 11. Remedies. If there is a material breach of any provision of this Agreement, a non-breaching Party may serve written notice of the breach on the breaching Party. If the breach is not cured within thirty (30) days following receipt of the notice of breach (or such longer period as is reasonably necessary to remedy such breach, provided that the breaching Party shall continuously and diligently pursue such remedy at all times until such breach is cured), the non-breaching Party may take any and all action as permitted by law. Section 12. No Public Dedication. Nothing herein shall be deemed to be a gift or dedication of any portion of the Easements to the general public or for any public purposes whatsoever. It is the intention of the Parties that this Agreement be strictly limited to and for the purposes herein expressed. The right of the public or any person to make any use whatsoever of the Access Easement or any portion thereof is by permission and subject to the mutual agreement of the Parties. Notwithstanding anything to the contrary herein, the Parties may, by mutual agreement, periodically restrict ingress and egress to and from any or all of the Access Easement in order to prevent any type of prescriptive easement from arising by reason of continued public use. Section 13. Notices. Formal notices, demands and communications between the Parties shall be sufficiently given if, and shall not be deemed given unless, dispatched by certified mail, return receipt requested, or express delivery service with a delivery receipt, to the principal offices of the Party as follows: City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: Housing Division Partnership: PD Millenium Partners LP 100 Pacifica, Suite 203 Irvine, CA 92618 Notices shall be deemed received as of the date delivered or delivery was refused as shown on the return receipt. The foregoing addressed may be change by notice given as provided in this Agreement. Each Party shall promptly notify each of the other Party of any change in its address as last disclosed. Section 14. Counterparts. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, and all of which taken together shall constitute this Agreement. 599 P6401-0001\3101807v1.doc 6 Section 15. Legal Actions. If any legal action is brought to interpret or enforce the terms of this Agreement, the prevailing Party shall be entitled to recover against the Party not prevailing, all reasonable costs, including attorneys' fees, incurred in the action. Section 16. Entire Agreement. This Agreement contains the entire agreement between the Owners relating to the rights granted and the obligations hereunder assumed. Any oral representations or modification concerning this Agreement shall be of no force and effect excepting a subsequent modification in writing signed by the Parties. Section 17. Exhibits. Any and all Exhibits referred to in this Agreement are incorporated in this Agreement by this reference. Section 19. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of, the Parties hereto and their permitted successors and assigns. Section 20. Amendments. This Agreement may be amended or modified only by a written instrument executed by the Parties. Section 21. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California. WHEREFORE the Parties have executed this Agreement as of the date first written above. CITY:PARTNERSHIP: 600 1046\101\3364448.5 P6401-0001\3101807v1.doc A-7 EXHIBIT A Legal Description of Phase I Parcel 601 1046\101\3364448.5 P6401-0001\3101807v1.doc B-8 EXHIBIT B Legal Description of Parcel 9 602 1046\101\3364448.5 P6401-0001\3101807v1.doc C-9 EXHIBIT C Description of Access Easement 603 604 WITH A COPY TO (SPACE ABOVE THIS LINE FOR RECORDER’S USE) MAINTENANCE EASEMENT AGREEMENT This MAINTENANCE EASEMENT AGREEMENT (this “Agreement”) is made as of __________ 2025, by and between, PD MILLENIUM PARTNERS LP, a California limited partnership, (the “Partnership”), and the CITY OF PALM DESERT, a municipal corporation (the “City”), individually a “Party” and collectively referred to herein as the “Parties”. RECITALS A. The Partnership owns an approximately 6.02-acre parcel of real property located on the north side of Gerald Ford Drive between Portola Road and Cook Street in Palm Desert, California, as more particularly described in Exhibit A attached hereto (“Phase I Parcel”), on which the Partnership intends to construct and own one hundred twenty (120) units of affordable rental housing commonly known as Palm Villas I (“Phase I Project”). B. The City owns an approximately 4.47-acre parcel of real property located on the north side of Gerald Ford Drive between Portola Road and Cook Street in Palm Desert, California in the City of Palm Desert, California (the “Phase II Parcel”). The Phase II Parcel is adjacent to the Phase I Parcel and is intended to be Phase II of the Palm Villa development with one hundred nineteen (119) units of affordable rental housing. C. The City owns approximately 26.14-acre parcel of real property located on the Dina Shore Drive in Palm Desert, California in the City of Palm Desert, California, as more particularly described in Exhibit B attached hereto (the “Parcel 9”). Parcel 9 adjoins the Phase I Parcel and the Phase II Parcel. D. As part of the Phase I Project, the Partnership intends to construct an eight (8) foot high wall along the north boundary line of the Phase I Parcel adjacent to Parcel 9 (the “Phase I Wall”). 605 P6401-0001\3102743v2.doc E. The Parties anticipate that the development of the Phase II Parcel will also necessitate the development of a boundary wall between the Phase II Parcel and Parcel 9. F. In Connection with the Phase I Project, the Partnership desires to secure a non- exclusive, appurtenant easement for access over Parcel 9 along the Phase I Wall to remove any sand build-up against the wall and to maintain and repair the exterior of the Phase 1 Wall in connection with such access. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement, the Parties agree as follows: Section 1. Grant of Easement. The City hereby grants the Partnership and its contractors, employees, and agents (the “Permitted Parties”), for the benefit of the Phase I Parcel a non-exclusive easement thirty (30) feet in width for access by the Permitted Parties over and across the Parcel 9, as more particularly described in Exhibit C attached hereto for the purpose of removing sand build-up against Parcel I Wall and to maintain and repair the exterior of the Phase I Wall in connection with such access (the “Easement”). The Developer specifically acknowledges and agrees that the City is granting the Easement to the Developer on an “as is with all faults” basis and subject to all title matters of record and all title matters visible upon inspection. Section 2. Term. Each covenant, easement, restriction, and undertaking of the Easement contained in this Agreement will be perpetual, unless sooner terminated as a result of the demolition of the housing development on the Phase I Parcel and Phase II Parcel, which are not replaced by another residential development. Section 3. Nature of Easement. The Easement granted in this Agreement are appurtenant to and for the benefit of the Phase I Parcel. The Easement may not be transferred, assigned, or encumbered except as an appurtenance to the Phase I Parcel. Section 4. Covenants Running with the Land. The City and the Partnership expressly intend that the covenants contained in this Agreement with respect to the Easement described in this Agreement will be equitable servitudes and covenants running with and benefiting and burdening the Phase I Parcel and Parcel 9. Section 5. Use of Easement. The Partnership’s use of the Easement will be for the purpose of removing sand build-up against Phase I Wall and to maintain and repair the exterior of the Phase I Wall in connection with such access. Prior to commencing the activities on the Easement, the Partnership shall provide its sand removal and maintenance plans to the City for the City’s review and reasonable approval. Section 6. Insurance and Indemnification Requirements. he Partnership shall maintain insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Easements. (a) Required Coverage. The Partnership must maintain and keep in force, at the Partnership’s sole cost and expense, the following insurance: 606 P6401-0001\3102743v2.doc (1) Worker’s Compensation insurance, as required by the State of California and consistent with statutory limits, and Employers’ Liability coverage, with limits not less than One Million Dollars ($1,000,000) each accident for bodily injury or disease. (2) Commercial General Liability insurance with limits not less than One Million Dollars ($1,000,000) each occurrence and Two Million Dollars ($2,000,000) aggregate combined single limit for Bodily Injury and Property Damage including coverages for Contractual Liability, Personal Injury, Broadform Property Damage, Products and Completed Operations. Products and Completed Operations coverage must be obtained no later than completion of construction of the Development. (b) General Requirements. (1) The required insurance must be provided under an occurrence form, and the Developer must maintain such coverage continuously throughout the Term. Should any of the required insurance be provided under a form of coverage that includes an annual aggregate limit or provides that claims investigation or legal defense costs be included in such annual aggregate limit, such annual aggregate limit must be three (3) times the occurrence limits specified above. (2) Commercial General Liability insurance must be endorsed to name as additional insureds the City and its elected officials, officers, directors, representatives, consultants, employees, and agents. The endorsement must include liability arising out of work or operations performed by or on behalf of the Partnership including materials, parts, or equipment furnished in connection with such work or operations. For commercial general liability, the policy must be endorsed with a form at least as broad as ISO form CG 20 10 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used. (3) The Partnership’s insurance must be primary to any other insurance (including self-insurance) available to the City (including elected officials, officers, directors, representatives, consultants, employees, and agents) with respect to any claim arising out of this Agreement. Any insurance maintained by the City shall be in excess of the Partnership’s insurance and shall not contribute with it. (4) No policy shall be canceled, limited, or allowed to expire without renewal until after thirty (30) days written notice has been given to the City by first class mail. (5) Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated. Section 8. Remedies. If there is a material breach of any provision of this Agreement, a non-breaching Party may serve written notice of the breach of the breaching Party. If the breach is not cured within thirty (30) days following receipt of the notice of breach (or such longer period as is reasonably necessary to remedy such breach, provided that the breaching Party shall continuously and diligently pursue such remedy at all times until such breach is cured), the n on- breaching Party may take any and all action as permitted by law. 607 P6401-0001\3102743v2.doc Section 9. No Public Dedication. Nothing herein shall be deemed to be a gift or dedication of any portion of the Easements to the general public or for any public purposes whatsoever. It is the intention of the Parties that this Agreement is strictly limited to and for the purposes herein expressed. Section 10. Indemnification. The Partnership hereby agrees to release, indemnify and defend the City, its councilmembers, its officers, its employees from and against and all claims, liabilities, losses, damages, costs and expenses arising from or as the result of the death of, or any accident, injury, loss or damage to, any person or property that occurs within the Easements. Notwithstanding the foregoing, the City will not be entitled to such indemnification for any damage to the extent caused by its own negligence or by its willful misconduct. Section 11. Notices. Formal notices, demands and communications between the Parties shall be sufficiently given if, and shall not be deemed given unless, dispatched by certified mail, return receipt requested, or express delivery service with a delivery receipt, to the principal offices of the Party as follows: Notices shall be deemed received as of the date delivered or delivery was refused as shown on the return receipt. The foregoing address may be changed by notice given as provided in this Agreement. Each Party shall promptly notify each of the other Part y of any change in its address as last disclosed. Section 12. Counterparts. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, and all of which taken together constitute this Agreement. Section 13. Legal Action. If any legal action is brought to interpret or enforce the terms of this Agreement, the prevailing Party shall be entitled to recover against the Party not prevailing, all reasonable costs, including attorneys’ fees, incurred in the action. Section 14. Entire Agreement. This Agreement contains the entire agreement between the Owners relating to the rights granted and the obligation hereunder assumed. Any oral representations or modification concerning this Agreement shall be of no force and effect excepting a subsequent modification in writing signed by the Parties. 608 P6401-0001\3102743v2.doc Section 15. Exhibits. Any and all Exhibits referred to in this Agreement are incorporated in this Agreement by this reference. Section 16. Successors an Assigns. This Agreement shall be binding upon, and shall inure to the benefit of, the Parties hereto and their permitted successors and assigns. Section 17. Amendments. This Agreement may be amended or modified only by a written instrument executed by the Parties. Section 18 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California. WHEREFORE, the Parties have executed this Agreement as of the date first written above. CITY:PARTNERSHIP: 609 P6401-0001\3102743v2.doc EXHIBIT A LEGAL DESCRIPTION OF PHASE I THE LAND IN THE CITY OF PALM DESERT, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: 610 P6401-0001\3102743v2.doc EXHIBIT B LEGAL DESCRIPTION OF PHASE II THE LAND IN THE CITY OF PALM DESERT, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: 611 P6401-0001\3102743v2.doc EXHIBIT C DESCRIPTION OF EASEMENT 612 P6401-0001\3102743v2.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 613 P6401-0001\3102743v2.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 614 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 10, 2025 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: INTRODUCTION OF AN AMENDING PALM DESERT MUNICIPAL CODE SECTION 2.34.050 RELATED TO ADVISORY BODY OFFICERS RECOMMENDATION: 1. Introduce an ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE SECTION 2.34.050 RELATED TO ADVISORY BODY OFFICERS.” 2. Direct the City Clerk to immediately implement the policy establishing an annual rotation of advisory body chairperson and vice chairperson positions using a numeric seat -based system. BACKGROUND/ANALYSIS: At its meeting of June 26, 2025, the City Council introduced an ordinance amending Palm Desert Municipal Code Section 2.34.050 to require annual rotation of advisory body Chair and Vice Chair positions. The intent of this change is to ensure broader participation in leadership roles Since introduction of the ordinance, the City Council Subcommittee has expressed support for establishing a clear and equitable process to implement the policy. In reviewing current practices, it became apparent that allowing a member to serve consecutively in different o fficer roles (for example, serving as Chair and then as Vice Chair the following year) could result in effectively holding the Chair position in back-to-back years. To promote transparency and avoid this outcome, staff was asked to develop a rotation frame work that would provide clarity and consistency for all advisory bodies. Staff considered adopting a seniority-based model similar to the system used by the City Council. However, this approach would require tracking each member’s prior service history, ma intaining a queue of deferred appointments, and applying tie -breakers on a recurring basis. Due to these complexities, staff does not recommend the seniority model. Instead, staff recommends implementing a numeric seat-based rotation system that assigns each member a seat number and uses this sequence to establish the annual rotation schedule. This system is straightforward to administer and ensures that all members have an equal and predictable opportunity to serve in officer positions. SUMMARY OF RECOMMENDED SYSTEM:  Staff will assign numbered seats to members (Seat 1–Seat 7), with the current Chair designated as Seat 7 (end of the rotation) and the current Vice Chair designated as Seat 1 (start of the rotation). All remaining members will be assigned seat numbers in alphabetical order. 615 City of Palm Desert Ordinance regarding Appointed Body Officers Page 2 of 2  Each seat will have a predetermined schedule for rotating into the Chair role in sequential order (e.g., Seat 1 in July 2025, Seat 2 in July 2026, Seat 3 in July 2027).  The member occupying a given seat inherits that seat’s scheduled turn.  If a member is in their first year of service when their seat’s scheduled turn occurs, their appointment will be deferred to the end of the rotation sequence, and the next eligible seat will advance.  Members may serve as Vice Chair in any year, regardless of their length of service.  Members may defer serving as Chair or Vice Chair when their scheduled turn occurs; in such cases, their appointment will be moved to the end of the rotation sequence. If the City Council concurs, staff recommends immediate implementation to ensure consistency for advisory body meetings occurring prior to the ordinance’s effective date. FINANCIAL IMPACT: There is no financial impact associated with this action. ATTACHMENT: 1. Draft Ordinance 616 ORDINANCE NO. 1430 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE SECTION 2.34.050 RELATED TO ADVISORY BODY OFFICERS THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Amendment to Municipal Code. Palm Desert Municipal Code Section 2.34.050(A), Officers, is hereby amended to read as follows: Officers. At the first meeting following July 1st, appointed bodies shall elect a chairperson and vice chairperson for a one-year term. The chairperson shall preside over all meetings. The vice chairperson shall preside in the chairperson's absence. In the chairperson's and vice chairperson's absence, the appointed body may designate a presiding officer. Vacancies in either the chairperson or vice chairperson position occurring prior to July may be filled at any time by a majority vote of the appointed body. The chairperson and vice chairperson positions shall rotate annually in accordance with a numeric seat-based system established by the City Clerk. Each member shall be assigned a seat number that determines the sequence in which they will serve as chairperson. When a seat's scheduled turn occurs, the member occupying that seat shall be appointed chairperson. If a memb er is in their first year of service or elects to defer serving as chairperson when their turn occurs, their appointment shall be moved to the end of the rotation sequence, and the next eligible seat shall advance. Members may serve as vice chairperson in any year, regardless of their length of service. No member may serve consecutive terms in the same officer position. ADOPTED ON ___________________, 2025. JAN C. HARNIK MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK 617 Ordinance No. 1430 Page 2 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. 1430 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on June 26, 2025, and adopted at a regular meeting of the City Council held on __________, 20 25, 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 618