HomeMy WebLinkAboutAgenda Package - Palm Desert City Council - Regular Meeting_Sep11_2025
PALM DESERT CITY COUNCIL
MEETING AGENDA
Thursday, September 11, 2025
Closed Session 3:45 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 - 3:45 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: August 28, 2025
4.b Public Employee Evaluation pursuant to Government Code Section 54957
Title: City Attorney
5.ROLL CALL - REGULAR MEETING - 4:00 P.M.
6.PLEDGE OF ALLEGIANCE
Councilmember Quintanilla
7.INSPIRATION
Mayor Harnik
8.REPORT OF CLOSED SESSION
City Attorney Shah
9.AWARDS, PRESENTATIONS, AND APPOINTMENTS
9.a PROCLAMATION: HUNGER ACTION MONTH 13
9.b PROCLAMATION: CONSTITUTION WEEK 15
10.CITY MANAGER COMMENTS
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
September 11, 2025
2
RECOMMENDATION:
To approve the consent calendar as presented.
13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND
HOUSING AUTHORITY MINUTES
17
RECOMMENDATION:
Approve the Minutes of August 28, 2025.
13.b APPROVAL OF WARRANT REGISTERS 35
RECOMMENDATION:
Approve the warrant registers issued for the period 8/21/2025 to 8/29/2025.
13.c RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE
LICENSE
65
RECOMMENDATION:
Receive and file the application for Alcoholic Beverage License for:
BOHEMIOS MEXICAN CUISINE, 34460 MONTEREY AVE. PALM
DESERT, CA 92211-6008.
•
13.d ADOPTION OF ORDINANCE NO. 1433, AMENDING CHAPTER 29.30 OF
THE PALM DESERT MUNICIPAL CODE TO RENAME THE “CULTURAL
RESOURCES PRESERVATION COMMITTEE” TO THE “HISTORIC
PRESERVATION COMMITTEE”
69
RECOMMENDATION:
Adoption of Ordinance No. 1433 entitled, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
CHAPTER 29.30 OF THE PALM DESERT MUNICIPAL CODE TO
RENAME THE ‘CULTURAL RESOURCES PRESERVATION
COMMITTEE’ TO THE ‘HISTORIC PRESERVATION COMMITTEE’.”
13.e ADOPT ORDINANCE NO. 1434, AMENDING CHAPTER 2.66 OF THE
PALM DESERT MUNICIPAL CODE TO RENAME THE “RESOURCE
PRESERVATION AND ENHANCEMENT COMMITTEE” TO THE
“ENVIRONMENTAL RESOURCES COMMITTEE”
73
RECOMMENDATION:
Adoption of Ordinance No. 1434 entitled, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
CHAPTER 2.66 OF THE PALM DESERT MUNICIPAL CODE TO
RENAME THE ‘RESOURCE PRESERVATION AND ENHANCEMENT
COMMITTEE’ TO THE ‘ENVIRONMENTAL RESOURCES COMMITTEE’.”
Palm Desert City Council Meeting Agenda
September 11, 2025
3
13.f ADOPT ORDINANCE NO. 1435, APPROVING A GENERAL PLAN
AMENDMENT TO MODIFY THE CITY CENTER/DOWNTOWN SECTION
OF THE GENERAL PLAN TO REMOVE MINIMUM DENSITY
REQUIREMENTS AND CLARIFIES ALLOWED LAND USE TYPES AND
MAKING A FINDING OF EXEMPTION UNDER CEQA
77
RECOMMENDATION:
Adoption of Ordinance No. 1435 entitled, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING
A GENERAL PLAN AMENDMENT TO MODIFY THE CITY
CENTER/DOWNTOWN SECTION OF THE GENERAL PLAN TO
REMOVE MINIMUM DENSITY REQUIREMENTS AND CLARIFIES
ALLOWED LAND USE TYPES AND MAKING A FINDING OF
EXEMPTION UNDER CEQA. CASE NOS. GPA25-0001”
13.g APPOINTMENT TO THE JOSLYN CENTER BOARD OF DIRECTORS
LIAISON
83
RECOMMENDATION:
Appoint Mayor Pro Tem Trubee as the City Council liaison to Joslyn Center
Board of Directors, effective immediately.
13.h AWARD A CONSTRUCTION CONTRACT TO CROSSTOWN
ELECTRICAL & DATA, INC., FOR THE LOCAL HIGHWAY SAFETY
IMPROVEMENT PROGRAM 2025 PROJECT (CTS00005) – CEQA
DETERMINATION
85
RECOMMENDATION:
Make a finding that the project is categorically exempt from further
review under the California Environmental Quality Act (CEQA)
Guidelines, pursuant to Class 1, Section 15301 (Existing
Facilities), and authorize the City Engineer to submit a
determination of Categorical Exemption
1.
Award a construction contract to Crosstown Electrical & Data, Inc.,
of Irwindale, California, for the Local Highway Safety Improvement
Program 2025 Project in the amount of $719,987.00, plus a
$71,998.70 contingency for unforeseen expenses.
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 up to the contingency amount, and
any other documents necessary to effectuate the actions taken
herewith.
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.
Palm Desert City Council Meeting Agenda
September 11, 2025
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13.i AWARD CONSTRUCTION CONTRACT TO GRANITE CONSTRUCTION
COMPANY FOR FIRE STATION 102 GERALD FORD DRIVE STREET
IMPROVEMENTS (PROJECT NO. CFA00010) – CEQA DETERMINATION
131
RECOMMENDATION:
Make a finding that the project is categorically exempt from further
review under the California Environmental Quality Act (CEQA)
Guidelines, pursuant to Class 1, Section 15301 (Existing
Facilities), and authorize the City Engineer to submit a Notice of
Exemption.
1.
Award a construction contract, including Bid Alternative 1, to
Granite Construction Company, in the amount of $3,203,261
(Project CFA00010) for Fire Station 102 Gerald Ford Drive Street
Improvements Project.
2.
Authorize the Director of Finance to set aside 10% contingency in
the amount of $320,326.
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
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(B).
5.
Authorize the City Manager to execute the Notice of Completion
(NOC) and the City Clerk to file the NOC upon satisfactory
completion of the Project.
6.
13.j INFORMATIONAL REPORT ON ROAD CLOSURES SCHEDULED TO
OCCUR ON EL PASEO ASSOCIATED WITH FISCAL YEAR 2025-26
ROUTINE SPECIAL EVENTS
175
RECOMMENDATION:
Receive and file an informational report on road closures scheduled to
occur on El Paseo associated with Fiscal Year 2025-26 routine special
events.
13.k INFORMATIONAL REPORT ON ROAD CLOSURES ASSOCIATED WITH
THE RUN TRAVIS RUN EVENT
177
RECOMMENDATION:
Receive and file an informational report on road closures associated with
the Run Travis Run event scheduled for Sunday, October 5, 2025.
Palm Desert City Council Meeting Agenda
September 11, 2025
5
13.l REALLOCATE $30,000 IN FISCAL YEAR 2025-26 COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS
179
RECOMMENDATION:
Approve the reallocation of $30,000 in Fiscal Year (FY) 2025-26
Community Development Block Grant (CDBG) funds, originally
designated for the Fair Housing Council of Riverside County, to
the Palm Desert Housing Authority.
1.
Authorize staff to notify the County of Riverside of the approved
reallocation and submit any required documentation in the
County’s CDBG records pursuant to the Joint Recipient
Cooperation Agreement.
2.
Authorize City Attorney to review and finalize any required
agreements or amendments.
3.
Authorize the City Manager to execute any documents necessary
to complete the reallocation.
4.
13.m TRACT MAP 37506-2 PARKS D AND E, UNIVERSITY PARK - ACCEPT
PUBLIC IMPROVEMENTS AND RELEASE RELATED BONDS, AND
ACCEPT A MAINTENANCE BOND
201
RECOMMENDATION:
Accept public improvements for Park D and Park E of Tract Map
37506-2, University Park.
1.
Release the following bonds:2.
Faithful Performance Bond in the amount of $815,648.a.
Labor and Materials Bond in the amount of $815,648.b.
Accept the Maintenance Bond in the amount of $81,564.80.3.
13.n REJECT ALL PROPOSALS FOR CITY FACILITIES JANITORIAL
SERVICES AND AUTHORIZE STAFF TO READVERTISE THE REQUEST
(PROJECT NO. MFA00023)
221
RECOMMENDATION:
Reject all proposals submitted under Request for Proposal 2024-
RFP-149, City Facilities Janitorial Services.
1.
Authorize staff to readvertise the request and award with a more
detailed scope of work.
2.
13.o RATIFY CHANGE ORDER NO. 3 TO CONTRACT NO. C43180 WITH
BECK OIL FOR GAS AND DIESEL FUEL (MEQ00007)
225
RECOMMENDATION:
Ratify Change Order No. 3 to Contract No. C43180 with Beck Oil, Inc., for
Gas and Diesel Fuel Purchase, in the amount of $20,000, increasing the
annual amount to $140,000.
Palm Desert City Council Meeting Agenda
September 11, 2025
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13.p RATIFY CHANGE ORDER NO. 3 TO CONTRACT NO. C48140 WITH
DBX, INC., FOR THE MARKET PLACE DRIVE AND COOK STREET
TRAFFIC SIGNAL IMPROVEMENTS (CTS00001)
243
RECOMMENDATION:
Ratify Change Order No. 3 to Contract No. C48140 with DBX, Inc., to
increase compensation in the amount of $6,329.65 for the Market Place
Drive and Cook Street Traffic Signal Improvements.
13.q APPROVE AMENDMENT NO. 4 TO CONTRACT NO. C32410 WITH
DESERT RECREATION DISTRICT FOR PARK AND PORTOLA
COMMUNITY CENTER SERVICES
265
RECOMMENDATION:
Approve Amendment No. 4 to Contract No. C32410 with Desert
Recreation District to incorporate the updated Pricing Matrix
(Exhibit B), reflecting revised labor and material rates for Park and
Portola Community Center services.
1.
Authorize the City Attorney to make any necessary non-monetary
changes to the amendments.
2.
Authorize the City Manager to execute the amendments and any
documents necessary to effectuate the actions taken herewith.
3.
13.r AWARD MAINTENANCE SERVICES AGREEMENTS TO HORIZON
LIGHTING, INC., AND GA TECHNICAL SERVICES, INC., FOR ON-CALL
ELECTRICAL SERVICES (PROJECT NO. MPK00009)
271
RECOMMENDATION:
Award a Maintenance Service Agreement to Horizon Lighting, Inc.,
and GA Technical Services, Inc., for on-call electrical services in
the amount of $150,000 each, for a total not to exceed $300,000
per fiscal year, for a three-year term with the option of 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, change
orders, the two one-year extensions, and any other documents
necessary to effectuate the actions taken herewith.
3.
Authorize National Community Renaissance of California, to enter
on-call contract with Horizon Lighting, Inc., and GA Technical
Services, Inc., for on-call electrical services, on behalf of the Palm
Desert Housing Authority.
4.
Palm Desert City Council Meeting Agenda
September 11, 2025
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13.s AWARD A MAINTENANCE SERVICES AGREEMENT TO URBAN WORX
CONSTRUCTION, INC., AND PRO-CRAFT CONSTRUCTION, INC., FOR
ON-CALL PLUMBING SERVICES (PROJECT NO. MPK00010)
389
RECOMMENDATION:
Award a Maintenance Service Agreement to Urban Worx
Construction, Inc. and Pro-Craft Construction, Inc., for on-call
plumbing services in the amount of $150,000 each, for a total not
to exceed $300,000 per fiscal year for a three-year term with the
option of 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, two one-
year extensions, change orders, and any other documents
necessary to effectuate the actions taken herewith.
3.
Authorize National Community Renaissance of California, to enter
into on-call contracts with Urban Worx Construction, Inc. and Pro-
Craft Construction, Inc., for on-call plumbing services, on behalf of
the Palm Desert Housing Authority.
4.
13.t AWARD PROFESSIONAL SERVICES AGREEMENTS TO SELBERT
PERKINS DESIGN FOR THE DESIGN OF THE EL PASEO PARKWAY
IMPROVEMENTS AND TRAFFIC SIGNAL IISNS REPLACEMENT
515
RECOMMENDATION:
Award a Professional Services Agreement to Selbert Perkins
Design, Inc., of Playa Del Rey, California, in the amount of
$75,000 for the design of the El Paseo Parkway Improvements
(CST00013).
1.
Award a Professional Services Agreement to Selbert Perkins
Design, Inc., of Playa Del Rey, California, in the amount of
$65,000 for the design of the Traffic Signal IISNS Replacement
(MTS00002).
2.
Authorize the City Attorney to make necessary non-monetary
changes to the contracts.
3.
Authorize the City Manager to execute the agreements and any
written requests for amendments, and any other documents
necessary to effectuate this action, in accordance with Palm
Desert Municipal Code Section 3.30.170(B).
4.
Palm Desert City Council Meeting Agenda
September 11, 2025
8
13.u AUTHORIZE THE PURCHASE OF PLANTER BOXES FOR CATALINA
COMMUNITY GARDEN (PROJECT NO. CLS00002)
597
RECOMMENDATION:
Authorize the purchase of 50 concrete planter boxes from
Seawright Custom Precast, Inc., in the amount of $241,533.75,
plus a contingency of $24,000 for unforeseen circumstances.
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(B).
3.
14.ACTION CALENDAR
The public may comment on individual Action Items within the three-minute time
limit. Speakers may utilize one of the three options listed on the first page of the
agenda.
14.a CITY MANAGER EMPLOYMENT AGREEMENT 613
RECOMMENDATION:
Approve the City Manager Employment Agreement with Christopher
Escobedo, effective September 11, 2025, and authorize the Mayor to
execute the agreement.
14.b 2026 CALIFORNIA DESERT PLEIN AIR FESTIVAL SPONSORSHIP
REQUEST
627
RECOMMENDATION:
Approve sponsorship for the 2026 California Desert Plein Air Festival.
14.c AWARD OF CONTRACT FOR EL PASEO COURTESY CART PROGRAM 677
RECOMMENDATION:
Award a contract to ACE Parking III, LLC, in an amount not to
exceed $295,979 for the operation of the El Paseo Courtesy Cart
Program during Fiscal Year 2025-26, with options for two one-year
extensions.
1.
Authorize the City Attorney to make non-monetary changes to the
contract.
2.
Authorize the City Manager to continue negotiations with the
vendor to finalize the contract, transfer necessary budget amounts,
and to execute the agreement and any related amendments.
3.
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.
None.
Palm Desert City Council Meeting Agenda
September 11, 2025
9
16.INFORMATION ITEMS
17.ADJOURNMENT
Palm Desert City Council Meeting Agenda
September 11, 2025
10
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
September 11, 2025
11
12
WHEREAS, FIND Food Bank partners with 200 Feeding America food banks across the
country for the annual nationwide campaign to raise awareness and take action to fight hunger in
the United States in the month of September; and
WHEREAS, FIND Food Bank helps feed 150,000 people each month struggling to make
ends meet, providing essential nourishment to our community members in need, and making all
efforts to provide food for pets, recognizing that pets can be part of the family, reducing the
number of animals that ended up in shelters; and
WHEREAS, addressing the food insecurity needs of children, seniors, veterans, and all
community members is fundamental to fostering a healthy and thriving society, and recognizing
that access to food a human right; and
WHEREAS, more than forty-four million people in the United States face hunger,
including one in five children, highlighting the urgent need for collective action and support; and
WHEREAS, FIND Food Bank became the primary food bank during the COVID-19
pandemic, changing their model for food distribution to thousands of families and individuals
during one of the most challenging times we have endured as a community; and
, the City of Palm Desert recognizes the importance of equality and inclusion
in addressing food insecurity, ensuring that all individuals, regardless of background, have access
to nutritious food, and be treated with dignity and respect; and
WHEREAS, the City of Palm Desert and its employees have been longtime support ers of
FIND Food Bank actively participating in efforts to combat hunger and raise awareness of this
critical issue; and
WHEREAS, the City of Palm Desert brings awareness to Hunger Action Month by lighting
up City Hall in the color orange for the month of September, symbolizing our commitment to the
fight against hunger.
NOW, THEREFORE, I, Jan C. Harnik along with the entire City Council
of Palm Desert, California, do hereby proclaim the month of September 2025,
to be:
Hunger Action Month
13
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 11th day
of September 2025.
14
Whereas, September 17, 2025, marks the two hundred and thirty-eighth
anniversary of the drafting of the Constitution of the United States of America
by the Constitutional Convention; and
Whereas, It is fitting and proper to accord official recognition to this
magnificent document and its memorable anniversary; and to the patriotic
celebrations which will commemorate the occasion; and
Whereas, Public Law 915 guarantees the issuing of a proclamation each
year by the President of the United States of America designating September 17
through 23 as Constitution Week,
Now, Therefore, I, Jan Harnik, Mayor of the City of Palm
Desert, California, along with the entire City Council, do hereby
proclaim the week of September 17 through 23 as
Constitution Week
in the City of Palm Desert and ask our citizens to reaffirm the ideals of the
Framers of the Constitution had in 1787 by vigilantly protecting the freedoms
guaranteed to us through this guardian of our liberties, remembering that lost
rights may never be regained.
15
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 11th day of
September 2025.
16
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
*,
* Councilmember Quintanilla arrived at 2:25 p.m.
* Councilmember Pradetto arrived at 2:30 p.m.
1. CALL TO ORDER - STUDY SESSION
A Study Session of the Palm Desert City Council was called to order by Mayor Harnik
on Thursday, August 28, 2025, at 2:15 p.m., in the Council Chamber, City Hall, located
at 73-510 Fred Waring Drive, Palm Desert, California.
2. STUDY SESSION TOPICS
2.a UPDATE ON THE 2025 CALIFORNIA DESERT PLEIN AIR FESTIVAL
SPONSORSHIP
Management Analyst Powell and Paulina Larson, of Palm Springs Life, narrated
a PowerPoint presentation and responded to City Council inquiries.
2.b PROVIDE DIRECTION ON CERTIFICATE OF APPROPRIATENESS PROCESS
FOR HISTORIC PROPERTIES
Deputy Director of Development Services Flores narrated a PowerPoint
presentation and responded to City Council inquiries.
Following discussion, the City Council expressed preference for the following
actions:
1. Establish clear criteria to differentiate between major and minor projects,
with specific attention to distinguishing:
o Properties with formal historic designations
o Properties with potential for historic designation
2. Authorize staff-level approval for all minor projects.
3. Require City Council approval for all major projects, with prior referral to
the Historic Preservation Committee.
17
Palm Desert City Council Study Session Minutes
August 28, 2025
2
2.c REGULATIONS FOR EXTERIOR LIGHTING AND ILLUMINATION ON
COMMERCIAL BUILDINGS
Senior Planner Siji Fernandez narrated a PowerPoint presentation and responded
to City Council inquiries.
During the discussion, Councilmembers provided the following feedback:
• String Lighting: Permit the use of white, low-lumen string lights.
• Window Lighting: Strongly discourage window lighting and work toward
the removal of existing installations.
• Facade Lighting: Allow low-lumen lighting for signage within the Freeway
Commercial Overlay Zone (along the I-10 corridor), subject to
Architectural Review Commission (ARC) approval to ensure compliance
with aesthetic standards.
• Business Outreach: Engage with business owners regarding safety
concerns, particularly in relation to potential homeless encampments.
3. ADJOURNMENT
The City Council adjourned the Study Session at 3:10 p.m.
Respectfully submitted,
_________________________
Monique M. Lomeli, CMC
Senior Deputy Clerk
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary
18
Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment
Agency, Housing Authority, and Board of Library Trustees
Regular Meeting Minutes
1. CALL TO ORDER - CLOSED SESSION
A Regular Meeting of the Palm Desert City Council was called to order by Mayor Harnik
on Thursday, August 28, 2025, at 3:20 p.m., in the Council Chamber, City Hall, located at
73-510 Fred Waring Drive, Palm Desert, California.
2. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
None.
3. RECESS TO CLOSED SESSION
Mayor Harnik adjourned to Closed Session at 3:23 p.m.
4. CLOSED SESSION AGENDA
4.a Closed Session Meeting Minutes: July 10, 2025
4.b Conference with Legal Counsel regarding Existing Litigation pursuant to
Government Code Section 54956.9(d)1
Name of Case: VillasPD, LLC v City of Palm Desert (Case No.: CVPS2404242)
4.c Conference with Legal Counsel regarding Initiation of Litigation pursuant
to Government Code Section 54956.9(d)4
Number of potential cases: 2
4.d Conference with Labor Negotiators pursuant to Government Code Section
54957.6
Agency representatives: Isra Shah, City Attorney
Unrepresented Employee: City Manager
4.e Public Employee Appointment Pursuant to Government Code Section
54957
Title: City Manager
19
Palm Desert City Council Regular Meeting Minutes
August 28, 2025
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5. ROLL CALL - REGULAR MEETING - 4:00 P.M.
6. PLEDGE OF ALLEGIANCE
Councilmember Nestande led the Pledge of Allegiance.
7. INSPIRATION
Councilmember Pradetto provided words of inspiration.
8. REPORT OF CLOSED SESSION
City Attorney Shah reported the following actions from the Closed Session:
• Item 4c: The City Council unanimously voted to initiate litigation. Details
regarding the case will be made available upon request once the litigation has
been filed.
• Items 4d and 4e: The City Council unanimously approved the appointment of
Chris Escobedo as City Manager, subject to approval of the employment
agreement at the regular meeting of September 11, 2025.
9. AWARDS, PRESENTATIONS, AND APPOINTMENTS
9.a PROCLAMATION: CALIFORNIA’S 175TH ANNIVERSARY OF STATEHOOD
Mayor Harnik presented a proclamation to Carina Cabrera, representing the
Office of Governor Gavin Newsom, in commemoration of California's 175th
anniversary of statehood.
9.b FAMILY YMCA OF THE DESERT PRESENTATION
Justin Hickey, Community Program Director of the Family YMCA of the Desert,
narrated a PowerPoint presentation and provided an update on their activities
and programs.
10. CITY MANAGER COMMENTS
City Manager Escobedo provided an update on the reopening of Papa Dan's
restaurant.
10.a SHERIFF DEPARTMENT UPDATE
Lieutenant Daniel Porras, Riverside County Sheriff's Department, introduced new
assigned Sheriff Deputies who recently graduated from the law enforcement
academy.
10.b SPAY AND NEUTER FREE EVENT
Assistant City Manager Cannone provided information regarding the upcoming
Free Spay and Neuter Clinic scheduled for September 17-18, 2025.
11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
Councilmembers provided updates on their attendance at various meetings and events.
20
Palm Desert City Council Regular Meeting Minutes
August 28, 2025
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12. NON-AGENDA PUBLIC COMMENTS
Jana Koroczynsky, resident, expressed concern regarding the dismissal of Dr. Jay
Sellers as Executive Director of the Joslyn Cove Board of Directors; requested that the
City Council review the situation and the structure of the Board of Directors.
Soraya Lavasagny, resident, voiced concerns regarding the conduct of the Joslyn
Center Board of Directors, suggesting that Joslyn Center members should have a
representative position on the Board.
13. CONSENT CALENDAR
Mayor Harnik announced her recusal from Item 13x, citing a potential conflict of interest
due to the proximity of the subject property to her property.
Motion by: Mayor Pro Tem Trubee
Seconded by: Councilmember Pradetto
To approve the consent calendar as presented, with the exception of Items 13e, 13i, 13j,
13k, and 13o, which were pulled for separate discussion.
Motion Carried (5 to 0)
13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING
AUTHORITY MINUTES
Motion by: Mayor Pro Tem Trubee
Seconded by: Councilmember Pradetto
Approve the Minutes of July 10, 2025.
Motion Carried (5 to 0)
13.b APPROVAL OF WARRANT REGISTERS
Motion by: Mayor Pro Tem Trubee
Seconded by: Councilmember Pradetto
Approve the warrant registers issued for the period 5/31/2025 to 8/15/2025.
Motion Carried (5 to 0)
13.c PROCUREMENT REPORTS FOR MONTHS OF JUNE AND JULY 2025
Motion by: Mayor Pro Tem Trubee
Seconded by: Councilmember Pradetto
Receive and file the procurement reports of June and July 2025.
Motion Carried (5 to 0)
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13.d FINANCE COMMITTEE REPORTS
Motion by: Mayor Pro Tem Trubee
Seconded by: Councilmember Pradetto
Receive and file the Finance Director Report, Measure G Quarterly Report, City
Treasurer Investment Report, Parkview Office Complex and Vacancy Report, and
Desert Willow Golf Resort Financial Monthly Reports for April through June 30,
2025.
Motion Carried (5 to 0)
13.f RATIFICATION OF LETTER OPPOSING SENATE BILL 445 (WIENER) –
SUSTAINABLE TRANSPORTATION PROJECT DELIVERY REFORM ACT
Motion by: Mayor Pro Tem Trubee
Seconded by: Councilmember Pradetto
Ratify the issuance of the letter opposing Senate Bill 445 (Wiener) – Sustainable
Transportation Project Delivery Reform Act.
Motion Carried (5 to 0)
13.h RATIFICATION OF LETTER SUPPORTING SUNLINE TRANSIT AGENCY’S
GRANT APPLICATION FOR MAINTENANCE FACILITY REPLACEMENT
Motion by: Mayor Pro Tem Trubee
Seconded by: Councilmember Pradetto
Ratify the issuance of the letter supporting SunLine Transit Agency’s grant
application under the Federal Transit Administration’s Section 5339 Low or No
Emission Grant Program and the Grants for Buses and Bus Facilities
Competitive Program.
Motion Carried (5 to 0)
13.l APPOINTMENTS TO THE EL PASEO PARKING & BUSINESS
IMPROVEMENT DISTRICT BOARD OF DIRECTORS
Motion by: Mayor Pro Tem Trubee
Seconded by: Councilmember Pradetto
Reappoint David Fletcher, Patrick Klein, and Angela Rafferty to serve on the El
Paseo Parking & Business Improvement District (EPPBID) Board of Directors for
terms ending June 30, 2028.
Motion Carried (5 to 0)
13.m AMENDMENT NO. 5 TO CONTRACT NO. C28880 WITH BEST BEST &
KRIEGER LLP FOR CITY ATTORNEY SERVICES, EXTENDING THE TERM
TO DECEMBER 31, 2025
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Motion by: Mayor Pro Tem Trubee
Seconded by: Councilmember Pradetto
1. Approve Amendment No. 5 to Contract No. C28880 with Best Best &
Krieger LLP for City Attorney Services, extending the term to December
31, 2025.
2. Authorize the City Attorney to make necessary non-monetary changes to
the Agreement.
3. Authorize the Mayor to execute the Agreement.
Motion Carried (5 to 0)
13.n RESOLUTION 2025-061 APPROVING THE APPLICATION FOR THE
CANNABIS TAX FUND GRANT PROGRAM (CTFGP) AND ACCEPTING
GRANT AWARD NUMBER 23348 IN THE AMOUNT OF $120,800 FROM THE
CALIFORNIA HIGHWAY PATROL (PROJECT CODE NO. GCT00001)
Motion by: Mayor Pro Tem Trubee
Seconded by: Councilmember Pradetto
1. Adopt Resolution 2025-061 entitled ”A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING
THE APPLICATION FOR THE CANNABIS TAX FUND GRANT
PROGRAM (CTFGP) GRANT FUNDS UNDER AWARD NUMBER
23348.”
2. Authorize the City Manager to execute documents related to the grant
application, reporting, and payments.
Motion Carried (5 to 0)
13.p RATIFICATION AND UPDATE OF VENDOR AND CONTRACTOR
PREQUALIFICATION LIST FOR SUBMISSIONS THROUGH JUNE 30, 2025
Motion by: Mayor Pro Tem Trubee
Seconded by: Councilmember Pradetto
Ratify the updated prequalified vendor and contractor list submissions received
through June 30, 2025, for the City of Palm Desert, Successor Agency to the
Palm Desert Redevelopment Agency, Palm Desert Housing Authority, and Desert
Willow Golf Resort.
Motion Carried (5 to 0)
13.q RELEASE OF DEMOLITION PERFORMANCE BONDS FOR 119 NETAS
COURT AND 125 NETAS COURT
Motion by: Mayor Pro Tem Trubee
Seconded by: Councilmember Pradetto
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1. Release Demolition Performance Bond (4471662) for 119 Netas Ct. in the
amount of $93,500.
2. Release Demolition Performance Bond (4471661) for 125 Netas Ct. in the
amount of $126,500.
Motion Carried (5 to 0)
13.r RESOLUTION 2025-062 AUTHORIZING THE DESTRUCTION OF OBSOLETE
RECORDS FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM
Motion by: Mayor Pro Tem Trubee
Seconded by: Councilmember Pradetto
Adopt Resolution 2025-062 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS
FINDINGS AND AUTHORIZING THE DESTRUCTION OF RECORDS FROM
THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.”
Motion Carried (5 to 0)
13.s ACCEPT ON-CALL CITYWIDE ADA CURB RAMP MODIFICATIONS AND
SIDEWALK REPLACEMENT PROGRAM AS COMPLETE, AND AUTHORIZE
THE CITY CLERK TO FILE THE NOTICE OF COMPLETION (PROJECT NO.
MST00013)
Motion by: Mayor Pro Tem Trubee
Seconded by: Councilmember Pradetto
1. Accept Contract No. C48240 with W R Builders, Inc., for the On-Call
Citywide ADA Curb Ramp Modifications and Sidewalk Replacement
Project for Fiscal Year 2024-25 as completed in accordance with the
contract specifications.
2. 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 at the end of each fiscal year.
Motion Carried (5 to 0)
13.t AUTHORIZE THE PURCHASE OF PUMP ROOM EQUIPMENT FOR THE
PALM DESERT AQUATIC CENTER (PROJECT NO. CFA00009)
Motion by: Mayor Pro Tem Trubee
Seconded by: Councilmember Pradetto
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1. Authorize the purchase of pump room equipment from Knorr Systems
International in the amount of $989,206.48, plus a $15,000 contingency
for unforeseen expenses.
2. Authorize release of established Aquatic Facility Equipment Reserve
Funds in the amount of $1,000,000 in Account No. 2420000-2430100 and
transfer and appropriate to Aquatic Facility Capital Projects Account No.
2424549-4400100.
3. Authorize the City Attorney to make necessary non-monetary changes to
the agreement.
4. Authorize the City Manager to execute Agreement No. C49790 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(B).
Motion Carried (5 to 0)
13.u APPROVE AMENDMENTS NO. 1 TO C48520A-E FOR ON-CALL PARKS AND
LANDSCAPE ENHANCEMENT CONTRACTS
Motion by: Mayor Pro Tem Trubee
Seconded by: Councilmember Pradetto
1. Approve Amendment No. 1 to C48520A with AK Landscaping, to clarify
the contract aggregate amount is $750,000 per fiscal year for the contract
term.
2. Approve Amendment No. 1 to C48520B with Excel Landscape, Inc., to
clarify the contract aggregate amount is $750,000 per fiscal year for the
contract term.
3. Approve Amendment No. 1 to C48520C with Horizon Professional
Landscape, Inc., to clarify the contract aggregate amount is $750,000 per
fiscal year for the contract term.
4. Approve Amendment No. 1 to C48520D with Mariposa Landscapes, Inc.,
to clarify the contract aggregate amount is $750,000 per fiscal year for the
contract term.
5. Approve Amendment No. 1 to C48520E with Vintage Landscape to clarify
the contract aggregate amount is $750,000 per fiscal year for the contract
term.
6. Authorize the City Attorney to make any necessary non-monetary changes
to the amendments.
7. Authorize the City Manager to execute the amendments and any
documents necessary to effectuate the actions taken herewith.
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Motion Carried (5 to 0)
13.v AWARD A CONSTRUCTION CONTRACT NO. C49800 TO SUPERB
ENGINEERING, INC., FOR THE CAHUILLA HILLS PARK IMPROVEMENTS
PROJECT (MPK00005) – CEQA DETERMINATION
Motion by: Mayor Pro Tem Trubee
Seconded by: Councilmember Pradetto
1. Make a finding that the project is categorically exempt from further review
under the California Environmental Quality Act (CEQA) Guidelines,
pursuant to Class 1, Section 15301 (Existing Facilities), and NEPA 24
CFR 58.35(a), and authorize the City Manager to submit Determination of
Categorical Exclusion.
2. Award a construction contract no. C49800 to Superb Engineering, Inc., of
Banning, California, in the amount of $1,049,485.79, plus a $104,948.60
contingency for unforeseen expenses.
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 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(B).
5. Authorize the City Manager to execute the Notice of Completion (NOC)
and the City Clerk to file the NOC upon satisfactory completion of the
Project.
Motion Carried (5 to 0)
13.w AWARD A CONSTRUCTION CONTRACT NO. C49810 TO ALL AMERICAN
BUILDING SERVICES FOR THE UNIVERSITY PARK DRIVE ON-STREET
PARKING IMPROVEMENTS PROJECT (PROJECT NO. CPL00004)
Motion by: Mayor Pro Tem Trubee
Seconded by: Councilmember Pradetto
1. Make a finding that the project is categorically exempt from further review
under the California Environmental Quality Act (CEQA) Guidelines,
pursuant to Class 1, Section 15301 (Existing Facilities), and authorize the
City Manager to submit a determination of Categorical Exemption.
2. Award a construction contract no. C49810 to All American Building
Services, of Santa Clarita, California, for the University Park On-Street
Parking Project in the amount of $417,214.69, plus a $41,721.47
contingency for unforeseen expenses.
3. Authorize the City Attorney to make necessary non-monetary changes to
the agreement.
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4. 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(B).
5. Authorize the City Manager to execute the Notice of Completion (NOC)
and the City Clerk to file the NOC upon satisfactory completion of the
Project.
Motion Carried (5 to 0)
13.x APPROVE AMENDMENT NO. 1 TO C47800 WITH PAVEWEST, INC.,
FOR PARKING LOT REHABILITATION AND MAINTENANCE PROGRAM AND
TO APPROPRIATE FUNDING FOR CAPITAL IMPROVEMENTS AT
PRESIDENTS PLAZA III (PROJECT NO. MPL00002)
Motion by: Mayor Pro Tem Trubee
Seconded by: Councilmember Pradetto
1. Approve Amendment No. 1 to Agreement C47800 with PaveWest, Inc., for
the Parking Lot Rehabilitation and Maintenance Program to increase
annual compensation to $750,000.
2. Authorize transfer out/in in the amount of $365,000 from General Fund
Facilities Reserve 1104199-4501000 to the Presidents’ Plaza III Account
No. 2820000-3910000.
3. Authorize appropriation in the amount of $365,000 to the Presidents’
Plaza III Account No. 2824373-43320000.
4. Authorize the City Attorney to make necessary non-monetary changes to
the agreement.
5. Authorize the City Manager to execute the amendment, and any related
documents necessary to effectuate this action, in accordance with
Sections 3.30.160(I) and 3.30.170 of the Palm Desert Municipal Code.
6. Authorize the City Manager to execute the Notice of Completion (NOC)
and the City Clerk file the NOC upon satisfactory completion of the
project(s).
RECUSED: Mayor Harnik
Motion Carried (4 to 0)
13.y RATIFY MODIFIED CONTRACT FOR AFFORDABLE HOUSING
COMPLIANCE AND PROPERTY MANAGEMENT SERVICES WITH NATIONAL
COMMUNITY RENAISSANCE
Motion by: Mayor Pro Tem Trubee
Seconded by: Councilmember Pradetto
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Ratify modifications to the previously approved contract for affordable housing
compliance and property management services for the Housing Authority-owned
Properties with National Community Renaissance of California, a California
public benefit corporation.
Motion Carried (5 to 0)
CONSENT ITEMS HELD OVER
13.e RATIFICATION OF LETTER OPPOSING ASSEMBLY BILL 339 (ORTEGA) –
LOCAL PUBLIC EMPLOYEE ORGANIZATIONS: NOTICE REQUIREMENTS
During the course of discussion, Councilmember Quintanilla expressed her
opposition to the subject letter. Mayor Harnik explained the subcommittee’s
rationale for issuing the letter of opposition to AB 339.
Motion by: Councilmember Pradetto
Seconded by: Mayor Pro Tem Trubee
Ratify the issuance of the letter opposing Assembly Bill 339 (Ortega) – Local
Public Employee Organizations: Notice Requirements.
Motion Carried (4 to 1)
13.g RATIFICATION OF LETTER SUPPORTING EXPANSION OF U.S. CUSTOMS
AND BORDER PROTECTION SERVICES AT PALM SPRINGS
INTERNATIONAL AIRPORT
Councilmember Quintanilla voiced opposition to the expansion of U.S. Customs
and Border Protection services at the airport. Mayor Harnik summarized the
subcommittee’s rationale for issuing the letter of support, noting that the intent is
to allow for the processing of international travelers at the airport.
Motion by: Mayor Pro Tem Trubee
Seconded by: Councilmember Nestande
Ratify the issuance of the letter supporting expansion of U.S. Customs and
Border Protection services at Palm Springs International Airport (PSP).
Motion Carried (4 to 1)
13.i ADOPTION OF ORDINANCE NO. 1430, AMENDING PALM DESERT
MUNICIPAL CODE RELATED TO ADVISORY BODY OFFICERS
Councilmember Nestande expressed opposition to the proposed ordinance,
citing concerns that the policy may be too rigid.
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Councilmember Pradetto noted his intent to establish a rotational policy, but that
he is open to allowing each appointed body to determine its own methodology.
Motion by: Mayor Harnik
Seconded by: Councilmember Quintanilla
Adoption of Ordinance No. 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.”
Motion Carried (4 to 1)
13.j REQUEST TO EXEMPT THE PARKS AND RECREATION COMMITTEE FROM
PALM DESERT MUNICIPAL CODE SECTION 2.34.050(A) RELATED TO THE
APPOINTMENT OF ADVISORY BODY OFFICERS
Councilmembers Nestande and Pradetto expressed support for the requested
exemption.
Motion by: Councilmember Quintanilla
Seconded by: Mayor Harnik
To deny the Parks and Recreation Committee’s request to be exempted from the
Palm Desert Municipal Code related to the appointment of advisory body officers
(Ordinance 1430).
Motion Carried (3 to 2)
13.k ACCEPTANCE OF A RESIGNATION FROM THE FINANCE COMMITTEE
The City Council expressed its deep appreciation for Mr. Robert Leo’s dedication
and service to the community.
Motion by: Mayor Harnik
Seconded by: Councilmember Quintanilla
With regret, accept the resignation of Robert Leo from the Finance Committee
effective July 25, 2025.
Motion Carried (5 to 0)
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13.o RESOLUTION HA-132 AMENDING AND RESTATING THE ADMINISTRATIVE
PLAN FOR THE HOUSING AUTHORITY'S AFFORDABLE RESIDENTIAL
COMMUNITIES AND AUTHORIZING THE EXECUTIVE DIRECTOR TO TAKE
APPROPRIATE ACTIONS FOR IMPLEMENTATION
In response to City Council inquiry, Housing Manager Gonzales advised that pets
at the City’s affordable housing will be required to be spayed or neutered.
Motion by: Councilmember Pradetto
Seconded by: Councilmember Nestande
1. Adopt Resolution HA-132 entitled “A RESOLUTION OF THE PALM
DESERT HOUSING AUTHORITY AMENDING AND RESTATING THE
ADMINISTRATIVE PLAN FOR THE PALM DESERT HOUSING
AUTHORITY PERTAINING TO THE MANAGEMENT AND OPERATION
OF ITS AFFORDABLE HOUSING PROPERTIES.”
2. Authorize the Executive Director, or designee, to make any necessary
corrections and take all actions required to administer, facilitate, modify,
establish, and implement the Administrative Plan, provided such actions
are consistent with its terms or all applicable local, state, and federal
regulations.
Motion Carried (5 to 0)
14. ACTION CALENDAR
The City Council recessed at 5:13 p.m. and reconvened at 5:18 p.m. with all members
present.
14.a APPROVE A THREE-YEAR AGREEMENT NO. C49820 WITH THE COUNTY
OF RIVERSIDE FOR ANIMAL FIELD, SHELTER, AND LICENSING SERVICES
Assistant City Manager Cannone narrated a PowerPoint presentation and
responded to City Council inquiries.
Michael Phipps-Russell, Cathedral City resident, expressed appreciation for the
transparency throughout the renewal process.
Kimberly Youngberg, Assistant Director, County of Riverside, Department of
Animal Services, responded to City Council inquiries.
Motion by: Councilmember Quintanilla
Seconded by: Mayor Pro Tem Trubee
1. Approve the Agreement No. C49820 with the County of Riverside for
animal field, shelter, and licensing services for a three-year term ending
June 30, 2028.
2. Authorize the City Attorney to make any necessary non-monetary changes
to the agreement.
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3. Authorize the City Manager to execute the agreement, amendments, and
all actions necessary to effectuate this action.
4. Exempt the $5.00 per license fee for the County’s Pet Trust Fund.
5. Request additional data, including sub-funds and general funding details
for the past five (5) years.
Motion Carried (5 to 0)
14.b APPROVE UPDATES TO THE OUTDOOR DINING DECK DESIGN
GUIDELINES
Deputy Director of Development Services Flores narrated a PowerPoint
presentation and responded to City Council inquiries.
Sally Hill, resident, voiced opposition to the proposed updates to the Outdoor
Dining Deck Design Guidelines.
David Fletcher, resident, encouraged the City Council to consider allowing
permanent extended patios and recommended the use of bollards, rather than K-
rails, along the side of oncoming traffic.
The City Council agreed to postpone implementation of the updates to the
Outdoor Dining Deck Design Guidelines until Summer 2026, pending the
Legislature’s decision on whether to extend the program beyond 2026.
Motion by: Mayor Harnik
Seconded by: Councilmember Nestande
To extend the dining deck program through June 30, 2026.
Motion Carried (4 to 1)
14.c INTRODUCTION OF ORDINANCES AMENDING THE PALM DESERT
MUNICIPAL CODE TO RENAME THE CULTURAL RESOURCES
PRESERVATION COMMITTEE AND THE RESOURCE PRESERVATION AND
ENHANCEMENT COMMITTEE
City Clerk Mejia presented a staff report.
Motion by: Mayor Harnik
Seconded by: Councilmember Nestande
1. Introduce Ordinance No. 1433 entitled “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
CHAPTER 29.30 OF THE PALM DESERT MUNICIPAL CODE TO
RENAME THE CULTURAL RESOURCES PRESERVATION COMMITTEE
TO THE HISTORIC PRESERVATION COMMITTEE.”
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2. Introduce Ordinance No. 1434 entitled “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
CHAPTER 2.66 OF THE PALM DESERT MUNICIPAL CODE TO
RENAME THE RESOURCES PRESERVATION AND ENHANCEMENT
COMMITTEE TO THE ENVIRONMENAL RESOURCES COMMITTEE.”
Motion Carried (5 to 0)
15. PUBLIC HEARINGS
15.a APPROVE A GENERAL PLAN AMENDMENT AND ZONING ORDINANCE
AMENDMENT TO PERMIT SINGLE-FAMILY DWELLINGS AND DAY CARE
CENTERS IN THE DOWNTOWN EDGE TRANSITION OVERLAY - CEQA
DETERMINATION
Mayor Harnik and Mayor Pro Tem Trubee announced their recusals, citing
potential conflicts of interest due to the proximity of the subject property to their
respective properties, and left the meeting room.
Deputy Director of Development Services Flores narrated a PowerPoint
presentation.
Councilmember Nestande opened the public hearing.
There being no members of the public desiring to speak, Councilmember
Nestande closed the public hearing.
Motion by: Councilmember Pradetto
Seconded by: Councilmember Quintanilla
1. Introduce Ordinance No. 1435 entitled, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM DESEERT, CALIFORNIA,
APPROVING A GENERAL PLAN AMENDMENT TO MODIFY THE CITY
CENTER/DOWNTOWN SECTION OF THE GENERAL PLAN TO
REMOVE MINIMUM DENSITY REQUIREMENTS AND CLARIFIES
ALLOWED LAND USE TYPES AND MAKING A FINDING OF
EXEMPTION UNDER CEQA.”
2. Adopt Resolution 2025-063 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING
A ZONING ORDINANCE AMENDMENT TO MODIFY TITLE 25 (ZONING)
OF THE PALM DESERT MUNICIPAL CODE TO ADD SINGLE FAMILY
RESIDENTIAL AND DAY CARE CENTERS AS AN ALLOWED LAND USE
TYPE AND MAKING A FINDING OF EXEMPTION UNDER CEQA.”
Motion Carried (3 to 0)
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15.b ADOPT A RESOLUTION UPDATING AND ESTABLISHING USER AND
REGULATORY FEES
Mayor Harnik and Mayor Pro Tem Trubee returned to the dais.
Director of Development Services Rosie Lua narrated a PowerPoint presentation.
Terry Madsen, Clear Source Consulting, narrated a PowerPoint presentation and
responded to City Council inquiries.
Mayor Harnik opened the public hearing.
There being no members of the public desiring to speak, Mayor Harnik closed
the public hearing.
Motion by: Mayor Pro Tem Trubee
Seconded by: Councilmember Nestande
Adopt Resolution 2025-064 entitled “A RESOLUTION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING AN UPDATE AND ESTABLISHMENT OF
RELATED USE AND REGULATORY FEES FOR DEVELOPMENT AND
REGULATORY SERVICES.”
Motion Carried (5 to 0)
16. INFORMATION ITEMS
None.
17. ADJOURNMENT
The City Council adjourned at 7:10 p.m.
Respectfully submitted,
_________________________
Monique M. Lomeli, CMC
Senior Deputy Clerk
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary
33
34
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
8/21/2025 - 8/21/2025
City of Palm Desert
Account Number
08/21/202500005072 ALTUM GROUPW1 JU25 CAHUILLA HILLS ADA IMPROV43880002204800 10266 950.00
08/21/202500005073 BRIAN K. STEMMER CONSTRUCTIONW1 EMERG WINDOW RPLCMNT - ARTIST43885001104800 9741 3,305.00
08/21/202500005074 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - FS 6743310002304220 259237 668.30
08/21/202500005074 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - PARKVIEW43696015104195 259396 198.00
08/21/202500005075 ENTERPRISE HOLDINGS INCW1 NV-DC24 VEHICLE RENTALS RSO43042001104210 37913108 1,138.81
08/21/202500005075 ENTERPRISE HOLDINGS INCW1 DC24-JAN25 VEHICLE RENTALS RSO43042001104210 38087109 1,140.17
08/21/202500005075 ENTERPRISE HOLDINGS INCW1 JAN-FB25 VEHICLE RENTALS RSO43042001104210 38378155 1,138.81
08/21/202500005075 ENTERPRISE HOLDINGS INCW1 FB-MR25 VEHICLE RENTALS RSO43042001104210 38554864 1,147.67
08/21/202500005075 ENTERPRISE HOLDINGS INCW1 MR-AP24 VEHICLE RENTALS RSO43042001104210 38964209 1,210.19
08/21/202500005075 ENTERPRISE HOLDINGS INCW1 AP-MAY25 VEHICLE RENTALS RSO43042001104210 39023659 1,220.84
08/21/202500005075 ENTERPRISE HOLDINGS INCW1 MAY-JN25 VEHICLE RENTALS RSO43042001104210 39312255 1,220.84
08/21/202500005076 HARRIS & ASSOCIATESW1 Housing Division Assessment43090008704195 68444 4,220.00
08/21/202500005077 HIGH TECH IRRIGATION INC.W1 R/M ELECT SUPPLIES - CC PARK42190001104610 834020 25.14
08/21/202500005078 MOTOWORX GARAGEW1 RSO VEHICLE MAINT PD23-0243340001104210 MWG2494 663.12
08/21/202500005078 MOTOWORX GARAGEW1 RSO VEHICLE MAINT PD20-0243340001104210 MWG2493 1,224.47
08/21/202500005078 MOTOWORX GARAGEW1 RSO VEHICLE MAINT - PD16-0143340001104210 MWG2492 1,216.20
08/21/202500005079 PALM DESERT ACE HARDWAREW1 R/M GATE SUPPLIES - WALLAROO42190001104340 250946 32.60
08/21/202500005079 PALM DESERT ACE HARDWAREW1 R/M PLUMBING SUPPLIES - PCC42190001104344 250954 41.30
08/21/202500005079 PALM DESERT ACE HARDWAREW1 R/M PLUMBING SUPPLIES - PCC42190001104344 250958 10.86
08/21/202500005079 PALM DESERT ACE HARDWAREW1 R/M IRRIGATION SUPPLIES - CC42190001104610 250963 10.43
08/21/202500005080 PENTA, RYLANDW1 PRSA CLR ADV 10/15-17/24 RP11501001100000 PRSA CLR ADV -2,739.83
08/21/202500005080 PENTA, RYLANDW1 PRSA CLR MILE 10/15-17/24 RP43115001104417 PRSA ICON MILE 142.71
08/21/202500005080 PENTA, RYLANDW1 Icon Parking 10.17.2543120001104417 ICON PAR10.17.24 63.64
08/21/202500005080 PENTA, RYLANDW1 PRSA CLR LDG 10/15-17/24 RP43120001104417 PRSA ICON LDG 631.62
08/21/202500005080 PENTA, RYLANDW1 PRSA CLR REG 10/15-17/24 RP43120001104417 PRSA ICON REG 1,750.50
08/21/202500005080 PENTA, RYLANDW1 PRSA CLR PRDM 10/15-17/24 RP43120001104417 PRSA ICON PRDM 215.00
08/21/202500005081 VINTAGE ASSOCIATESW1 LMA 16 XTRA LNDS - UNIV/FRDM43320011104611 237341 159.80
08/21/2025Report Date 1Page City and Housing
Docusign Envelope ID: F94D11A6-4A0F-43A7-9AA5-991A527E4566
35
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
8/21/2025 - 8/21/2025
City of Palm Desert
Account Number
08/21/202500005081 VINTAGE ASSOCIATESW1 LMA 16 XTRA LNDS - UNIV/FRDM43320011104611 237341 541.85
08/21/202500005081 VINTAGE ASSOCIATESW1 LMA 16 XTRA LNDS - UNIV/FRDM43320011104611 237341 34.21
08/21/202500005082 VISIT GREATER PALM SPRINGSW1 2024 Tourism Economic Impact43090001104430 CI-000554 8,500.00
08/21/202500005083 VISUAL EDGE IT INCW1 INK&TONER 2TX101725 6/20-6/3043420001104190 24AR2813527-31.14
08/21/202502007522 ANDERSON COMMUNICATION INCW1 COPS Radio repair APX4000-JN2543060011104211 21345B 575.00
08/21/202502007523 AT&TW1 LEA Track - T243580062 4/6-1043042001104210 559826 250.00
08/21/202502007523 AT&TW1 LEA Track-T243580062 3/25-4/2143042001104210 562643 925.00
08/21/202502007523 AT&TW1 LEA Track-T250030105 5/13-6/843042001104210 569733 900.00
08/21/202502007524 BELFOR PROPERTY RESTORATIONW1 R/M EMERG BAY DOOR-FS#67 5/1943310002304220 2185899 44,889.96
08/21/202502007525 BIO TOX LABORATORIESW1 JUN25 BLOOD & URINE ANALYSIS S43904001104210 47742 1,530.00
08/21/202502007525 BIO TOX LABORATORIESW1 JUN25 BLOOD & URINE ANALYSIS S43904001104210 47741 21.92
08/21/202502007525 BIO TOX LABORATORIESW1 JUN25 BLOOD & URINE ANALYSIS S43904001104210 47741 755.91
08/21/202502007526 CALTRANS- DEPARTMENT OFW1 SIGNAL/LIGHTING APRIL-JUNE2543325001104250 SL251288 1,375.94
08/21/202502007527 CASH, PETTYW1 04/23/25 ADMIN ASSIST DAY43125001104300 042525-BE 178.54
08/21/202502007527 CASH, PETTYW1 04/23/25 ADMIN ASSIST DAY43125001104300 042525-BE 64.04
08/21/202502007527 CASH, PETTYW1 06/02/25 APWA LUNCH MTG RLamb43125001104300 060225-RL 45.00
08/21/202502007527 CASH, PETTYW1 06/02/25 APWA LUNCH MTG JBreye43125001104300 060225-JB 45.00
08/21/202502007527 CASH, PETTYW1 REGISTRATION #082 LIC 152995843340001104331 061925-EF 27.00
08/21/202502007527 CASH, PETTYW1 JN25 MEDIC REGISTRATION CERTIF44030005304220 060925-LL 29.50
08/21/202502007528 COACHELLA VALLEY ASSOCIATIONW1 CVAG PM 10 ST SWEEPING PROGRAM43630002384515 CV25525-25 24,610.95
08/21/202502007529 COUNTY OF RIVERSIDE SHERIFFW1 24/25 MOTOR FUEL RSO42170001104210 SH0000048817-1 252.14
08/21/202502007530 COVE ELECTRICW1 R/M EMERG ELECT - CC PARK43310001104610 18833 11,634.15
08/21/202502007530 COVE ELECTRICW1 R/M ELECT/LIGHT - CC PARK43321001104610 18833 7,500.00
08/21/202502007531 DESERT ELECTRIC SUPPLYW1 R/M TRAFFIC SUPPLIES43325001104250 S128039861.001 981.10
08/21/202502007532 EISENHOWER MEDICAL CENTERW1 24/25 MEDICAL EXAMINATIONS RSO43904001104210 T251500105 800.00
08/21/202502007533 HAMMER PLUMBING AND PUMPINGW1 CAHUILLA RESTROOM PUMP SRV43310001104611 33760-1 395.00
08/21/202502007534 JESSUP AUTO PLAZAW1 R/M FLEET #070 - OWNED43340001104331 6299590 894.95
08/21/2025Report Date 2Page City and Housing
Docusign Envelope ID: F94D11A6-4A0F-43A7-9AA5-991A527E4566
36
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
8/21/2025 - 8/21/2025
City of Palm Desert
Account Number
08/21/202502007535 KOA CORPORATIONW1 JUL24 HAYSTACK TRAFFIC CALMING50009092134565 JC22036-28 537.58
08/21/202502007536 LOCK SHOP INC.W1 R/M KEYS/LOCKS - CH42190001104340 BB10564463 69.98
08/21/202502007536 LOCK SHOP INC.W1 R/M KEYS/LOCKS - PARKS42190001104611 BB10564473 17.93
08/21/202502007536 LOCK SHOP INC.W1 R/M KEYS- HOVLEY42190001104611 BB10564435 19.09
08/21/202502007537 LOWE'S HOME CENTERS INC.W1 R/M SAFETY SUPPLIES - CH42190001104340 998707-061125 276.73
08/21/202502007538 ON THE FLY TERMITE & PESTW1 XTRA PEST CONTROL - DW43320004414195 401339 250.00
08/21/202502007539 SELBERT PERKINS DESIGN INCW1 AP25 ENTRY MONUMENT DESIGN50009102134300 250701 2,500.00
08/21/202502007539 SELBERT PERKINS DESIGN INCW1 MY25 ENTRY MONUMENT DESIGN50009102134300 250875 2,120.00
08/21/202502007540 SIGNATURE TINTW1 R/M AED SIGNS - CC PARK42190001104610 2681 87.00
08/21/202502007541 SOURCE GRAPHICSW1 R&M-Computer43360001104190 SG235784 261.36
08/21/202502007542 T-MOBILE USA INCW1 Sheriff GPS Locate-T25163008543042001104210 9610420779 165.00
08/21/202502007542 T-MOBILE USA INCW1 Sheriff GPS Locate-T24351003343042001104210 9609681366 165.00
08/21/202502007542 T-MOBILE USA INCW1 Sheriff Time Adv-T25163008543042001104210 9609681367 50.00
08/21/202502007542 T-MOBILE USA INCW1 Sheriff Tower Dump T24213012443042001104210 9584130648 150.00
08/21/202502007542 T-MOBILE USA INCW1 Sheriff Timing Ad. T24249014043042001104210 9593068069 50.00
08/21/202502007543 UNIFIRST CORPORATIONW1 INDUSTRIAL UNIFORM RENTAL42140001104310 2200269059 412.54
08/21/202502007543 UNIFIRST CORPORATIONW1 INDUSTRIAL UNIFORM RENTAL42140001104310 2200274227 247.36
08/21/202502007544 WAXIEW1 R/M JANITORIAL SUPPLIES - CH42190001104340 83307741 352.99
08/21/202502007545 WEST COAST ARBORISTS INCW1 HARDWOOD PRUNING-CC PARK AP2543320011104610 228591 10,320.00
08/21/202502007545 WEST COAST ARBORISTS INCW1 HARDWOOD PRUNING-TRI-CITIES AP43371001104610 228591 645.00
08/21/202502007545 WEST COAST ARBORISTS INCW1 HARDWOOD PRUNING - PALMA MR2543320011104611 227325 1,290.00
08/21/202502007545 WEST COAST ARBORISTS INCW1 HARDWOOD PRUNING-MEDIANS MY2543370011104614 229127 12,040.00
08/21/202502007545 WEST COAST ARBORISTS INCW1 HARDWOOD PRUNING-PP E/W B FB2543321002774373 226182 1,785.00
08/21/202502007545 WEST COAST ARBORISTS INCW1 HARDWOOD PRUNING - PP III FB2543321002824373 226182 8,330.00
08/21/202502007545 WEST COAST ARBORISTS INCW1 MISC TREE WORK - IRONWOOD43320011104611 230190 2,000.00
08/21/202502007545 WEST COAST ARBORISTS INCW1 MISC TREE WORK - SAN PABLO43370011104614 230273 3,842.00
08/21/202502007545 WEST COAST ARBORISTS INCW1 MISC TREE WORK - ENTRADA43921011104614 230273 450.00
08/21/2025Report Date 3Page City and Housing
Docusign Envelope ID: F94D11A6-4A0F-43A7-9AA5-991A527E4566
37
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
8/21/2025 - 8/21/2025
City of Palm Desert
Account Number
08/21/202502007545 WEST COAST ARBORISTS INCW1 MISC TREE WORK - DW PERIMETER43320004414195 230190 7,400.00
08/21/202502007545 WEST COAST ARBORISTS INCW1 MISC TREE WORK - DW PERIMETER43320004414195 230190 250.00
Examined and Approved Total For Bank ID - W1
184,879.05City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
08/21/2025Report Date 4Page City and Housing
Docusign Envelope ID: F94D11A6-4A0F-43A7-9AA5-991A527E4566
38
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
8/22/2025 - 8/22/2025
City of Palm Desert
Account Number
08/22/202500005084 BRINKS CAPITAL LLCW1 Transport Services - Aug. 202543090001104159 12984921 1,365.18
08/22/202500005085 C V A GW1 CVAG CV Housing First Program43090002254212 IN-CVAG-26-0013 125,000.00
08/22/202500005086 CANNONE, RICHARDW1 ICMA AIR RC 10/25-29/2543120001104130 10.25.25-ICMA 520.35
08/22/202500005087 CDW LLCW1 R-Lenovo Laptops44040005304190 AF31K5X 6,404.02
08/22/202500005087 CDW LLCW1 R-Monitors44040005304190 AF37H5Q 1,249.03
08/22/202500005088 CLASSIC PHOTO BOOTHSW1 Photo Booth Rental Deposit43095011104154 6818 650.00
08/22/202500005089 DELTA DENTAL OF CALIFORNIAW1 Dental 120311503001100000 BE006629669 -43.47
08/22/202500005089 DELTA DENTAL OF CALIFORNIAW1 Dental 101311503001100000 BE006629669 138.39
08/22/202500005089 DELTA DENTAL OF CALIFORNIAW1 Dental 131511503001100000 BE006629669 -43.47
08/22/202500005089 DELTA DENTAL OF CALIFORNIAW1 Delta Dental Premium 07/202521609001100000 BE006629669 14,759.73
08/22/202500005089 DELTA DENTAL OF CALIFORNIAW1 Dental 136341122001104340 BE006629669 43.47
08/22/202500005090 FG CREATIVE INCW1 Monthly Agency Fee JL2543215002714491 10355 3,500.00
08/22/202500005090 FG CREATIVE INCW1 Print Ads/Graphic Design JL2543215002714491 10355 1,200.00
08/22/202500005090 FG CREATIVE INCW1 Annual Strategic Planning JL2543215002714491 10355 2,500.00
08/22/202500005090 FG CREATIVE INCW1 Social Media JL2543215002714491 10355 3,000.00
08/22/202500005090 FG CREATIVE INCW1 Merchant Relations JL2543215002714491 10355 2,250.00
08/22/202500005090 FG CREATIVE INCW1 Street Activations JL2543215002714491 10355 950.00
08/22/202500005090 FG CREATIVE INCW1 Lamar: JuL25 PDAC #11725277443090002424549 10356 4,600.00
08/22/202500005090 FG CREATIVE INCW1 Radio & TV: PDAC for Jul2543090002424549 10356 2,240.00
08/22/202500005090 FG CREATIVE INCW1 Retainer JUL2543090002424549 10356 1,950.00
08/22/202500005090 FG CREATIVE INCW1 Public Relations Svs Jul2543090002424549 10356 750.00
08/22/202500005090 FG CREATIVE INCW1 Social Media Posting, Engagem43090002424549 10356 1,200.00
08/22/202500005090 FG CREATIVE INCW1 Lamar: Aug25 for PDAC inv #1143090002424549 10360 2,100.00
08/22/202500005090 FG CREATIVE INCW1 Facebook Campaign:boosted Ju2543090002424549 10360 320.37
08/22/202500005090 FG CREATIVE INCW1 PDAC Retainer JL2543090002424549 10351 2,800.00
08/22/202500005090 FG CREATIVE INCW1 PDAC Public Relations JL2543090002424549 10351 750.00
08/22/202500005090 FG CREATIVE INCW1 PDAC Social Media JL2543090002424549 10351 1,200.00
08/22/2025Report Date 1Page City and Housing
Docusign Envelope ID: 842F3E4E-1F9E-45DD-9E7D-8984978FA81E
39
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
8/22/2025 - 8/22/2025
City of Palm Desert
Account Number
08/22/202500005090 FG CREATIVE INCW1 Bandwango T-TR-1323 Jul2543215002714491 10361 1,299.00
08/22/202500005090 FG CREATIVE INCW1 Website management JL2543215002714491 10361 250.00
08/22/202500005090 FG CREATIVE INCW1 Bandwango T-TR-1403 Jul2543215002714491 10361 1,299.00
08/22/202500005091 IDEA PEDDLER LLCW1 Strategy & Account JUL2543090001104417 2890 4,416.66
08/22/202500005091 IDEA PEDDLER LLCW1 Social Media JL2543090001104417 2889 2,416.66
08/22/202500005091 IDEA PEDDLER LLCW1 Social Media AG2543090001104417 2916 2,416.66
08/22/202500005091 IDEA PEDDLER LLCW1 Strategy & Account AG2543090001104417 2917 4,416.66
08/22/202500005092 INTERNATIONAL ASSOCIATIONW1 IAAP Membership SLopez FY25/2643630001104430 300073616 200.00
08/22/202500005093 MOLINA, AMBERW1 F&B PDU 08.13.202543121011104154 1147164 115.25
08/22/202500005094 MOTOWORX GARAGEW1 RSO VEHICLE MAINT PD20-0343340001104210 MWG2509 1,627.47
08/22/202500005095 PALM DESERT ACE HARDWAREW1 SMALL TOOLS/SUPPLIES STREETS42190001104310 251517 172.81
08/22/202500005095 PALM DESERT ACE HARDWAREW1 R/M SUPPLIES - GLUE42190001104340 251361 18.47
08/22/202500005095 PALM DESERT ACE HARDWAREW1 PARK SUPPLIES - 4TH OF JULY42190001104610 251524 42.60
08/22/202500005096 PALM DESERT CHAMBER OF COMMERCEW1 PDAC Bus.Brkfst 8.12.25 Harnik43125001104110 76650 35.00
08/22/202500005096 PALM DESERT CHAMBER OF COMMERCEW1 PDAC Bus.Brkfst 8.12.25 KQ43125001104110 76652 35.00
08/22/202500005096 PALM DESERT CHAMBER OF COMMERCEW1 BUSSINES BKFAST 08/12/25 TS43125001104430 76653 35.00
08/22/202500005097 PALM DESERT PACIFIC OWNER LLCW1 SP25 MALL COMMON AREA MAINT SV43310004254430 CAM092025 7,230.18
08/22/202500005098 SANT MADEW1 WEBSITE HOSTING AG2543620011104190 3260 700.00
08/22/202500005098 SANT MADEW1 WEBSITE HOSTING JL2543620011104190 3234 700.00
08/22/202500005098 SANT MADEW1 BRIGHTSIDE DESIGN SP/OC2543026001104417 1014 2,000.00
08/22/202500005099 SHUSTER ADVISORY GROUP LLCW1 ADVSRY FEE 401a 457b RHS JUL2543090001104159 9001 2,083.33
08/22/202500005100 STAPLES BUSINESS ADVANTAGEW1 AG25-1 Office Supplies EconDev42110001104430 6039454968 54.32
08/22/202500005100 STAPLES BUSINESS ADVANTAGEW1 AG25-1 Office Supplies EconDev42110001104430 6039454968 27.56
08/22/202500005100 STAPLES BUSINESS ADVANTAGEW1 AG25-1.5 Office Supp EconDev42110001104430 6039454969 20.64
08/22/202500005101 VERIZON WIRELESS SERVICES LLCW1 City Council Cells/ IPADS43650001104110 6119278704 115.02
08/22/202500005101 VERIZON WIRELESS SERVICES LLCW1 City Clerk Cells/IPADS43650001104111 6119278704 76.68
08/22/202500005101 VERIZON WIRELESS SERVICES LLCW1 City Manager Cells/ IPADS43650001104130 6119278704 153.36
08/22/2025Report Date 2Page City and Housing
Docusign Envelope ID: 842F3E4E-1F9E-45DD-9E7D-8984978FA81E
40
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
8/22/2025 - 8/22/2025
City of Palm Desert
Account Number
08/22/202500005101 VERIZON WIRELESS SERVICES LLCW1 CIP Cells/IPADS43650001104134 6119278704 551.20
08/22/202500005101 VERIZON WIRELESS SERVICES LLCW1 Finance Cells/ IPADS43650001104150 6119278704 115.02
08/22/202500005101 VERIZON WIRELESS SERVICES LLCW1 Human Resources Cells/ IPADS43650001104154 6119278704 115.02
08/22/202500005101 VERIZON WIRELESS SERVICES LLCW1 CM for Inv paid AE4GG4X42120001104190 6119278704 -395.54
08/22/202500005101 VERIZON WIRELESS SERVICES LLCW1 IT Mifi 7/2543650001104190 6119679994 139.58
08/22/202500005101 VERIZON WIRELESS SERVICES LLCW1 IT Phones43650001104190 6119278704 76.68
08/22/202500005101 VERIZON WIRELESS SERVICES LLCW1 COPS Cells/ IPADS43060011104211 6119278704 523.71
08/22/202500005101 VERIZON WIRELESS SERVICES LLCW1 Traffic Cells/ IPADS43650001104250 6119278704 258.39
08/22/202500005101 VERIZON WIRELESS SERVICES LLCW1 Public Works Cells/ IPADS43650001104300 6119278704 540.75
08/22/202500005101 VERIZON WIRELESS SERVICES LLCW1 CorpYard Mifi 7/2543650001104310 6119679994 38.01
08/22/202500005101 VERIZON WIRELESS SERVICES LLCW1 CorpYard/Streets Cells/ IPADS43650001104310 6119278704 931.86
08/22/202500005101 VERIZON WIRELESS SERVICES LLCW1 Facilities Cells/ IPADS43650001104340 6119278704 167.52
08/22/202500005101 VERIZON WIRELESS SERVICES LLCW1 Building and Safety Mifi 7/2543650001104420 6119679994 38.34
08/22/202500005101 VERIZON WIRELESS SERVICES LLCW1 Building and Saftey Cells/ IPA43650001104420 6119278704 315.15
08/22/202500005101 VERIZON WIRELESS SERVICES LLCW1 Permit Center Cells/ IPADS43650001104421 6119278704 289.48
08/22/202500005101 VERIZON WIRELESS SERVICES LLCW1 Code Cells/ IPADS43650001104422 6119278704 306.72
08/22/202500005101 VERIZON WIRELESS SERVICES LLCW1 Engineering Cells43650001104423 6119278704 76.68
08/22/202500005101 VERIZON WIRELESS SERVICES LLCW1 Economic Dev Mifi 7/2543650001104430 6119679994 38.01
08/22/202500005101 VERIZON WIRELESS SERVICES LLCW1 Special Programs MIFI 7/2543650001104430 6119679994 38.01
08/22/202500005101 VERIZON WIRELESS SERVICES LLCW1 Economic Dev Cells/ IPADS43650001104430 6119278704 191.70
08/22/202500005101 VERIZON WIRELESS SERVICES LLCW1 Planning Cells/IPADS43650001104470 6119278704 119.04
08/22/202500005101 VERIZON WIRELESS SERVICES LLCW1 Landscaping Svcs Mifi 7/2543650001104614 6119679994 76.02
08/22/202500005101 VERIZON WIRELESS SERVICES LLCW1 Landscaping Services Cells/ IP43650001104614 6119278704 331.40
08/22/202500005101 VERIZON WIRELESS SERVICES LLCW1 Library43650002524662 6119278704 254.22
08/22/202500005102 VISION SERVICE PLAN INC.W1 VSP 101311503001100000 823095533 31.81
08/22/202500005102 VISION SERVICE PLAN INC.W1 VSP 120311503001100000 823095533 -31.81
08/22/202500005102 VISION SERVICE PLAN INC.W1 VSP 131511503001100000 823095533 -31.81
08/22/2025Report Date 3Page City and Housing
Docusign Envelope ID: 842F3E4E-1F9E-45DD-9E7D-8984978FA81E
41
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
8/22/2025 - 8/22/2025
City of Palm Desert
Account Number
08/22/202500005102 VISION SERVICE PLAN INC.W1 VSP Premium 07/202521614001100000 823095533 4,389.80
08/22/202500005102 VISION SERVICE PLAN INC.W1 VSP Rounding41122001104150 823095533 -0.02
08/22/202500005102 VISION SERVICE PLAN INC.W1 VSP 136341122001104340 823095533 31.81
08/22/202500005103 VISUAL EDGE IT INCW1 INK&TONER 2TX101725 7/01-7/1943420001104190 24AR2813527 62.27
08/22/202500005104 WEX HEALTH INCW1 JULY25 COBRA - Monthly43090001104154 0002202767-IN 114.75
08/22/202500005105 WORKDAY INCW1 Workday Implem - Payment #443900001104190 WD-399245 120,000.00
08/22/202502007546 AMADOR, SARA ALICIAW1 S.Amador ReimbursementLivescan43056002524662 LIVE SCAN SA 7.8 78.00
08/22/202502007547 BLUE CROSS OF CALIFORNIAW1 EMS (07/15/25) RUN (152884)34124002300000 25-152884 1,748.20
08/22/202502007548 BLUE CROSS OF CALIFORNIAW1 EMS (07/15/25) RUN (729701)34124002300000 21-729701 2,045.95
08/22/202502007549 BLUE SHIELD OF CALIFORNIAW1 EMS (07/15/25) RUN (185845)34124002300000 E61495411600 99.48
08/22/202502007550 CASH, PETTY-W1 New York Times Newspaper 8/1043620002524662 NYT PRINT 8.10 6.52
08/22/202502007551 COACHELLA VALLEY WATER DIST.W1 (A) 1057 CITY HALL43510001104340 315187847714JL25 423.04
08/22/202502007551 COACHELLA VALLEY WATER DIST.W1 (B) 1057 PORTOLA CC43510001104344 315187847714JL25 251.18
08/22/202502007551 COACHELLA VALLEY WATER DIST.W1 1093 CIVIC CENTER PARK43510001104610 315245847772JL25 7,099.65
08/22/202502007551 COACHELLA VALLEY WATER DIST.W1 1054 CITY PARKS43510001104611 315181847708JL25 3,573.28
08/22/202502007551 COACHELLA VALLEY WATER DIST.W1 1055 ST MEDIANS "5"43510001104614 315183847710JL25 10,735.65
08/22/202502007551 COACHELLA VALLEY WATER DIST.W1 10528 ENTRADA /ERIC JOHNSON43510001104614 317287849814JL25 792.21
08/22/202502007551 COACHELLA VALLEY WATER DIST.W1 PORTOLA AVE - LANDSCAPE43510001104614 805025629618AG25 147.92
08/22/202502007551 COACHELLA VALLEY WATER DIST.W1 1141 AQUATIC CENTER43510002424549 512541849896JL25 1,005.17
08/22/202502007551 COACHELLA VALLEY WATER DIST.W1 10560 HAYSTACK43510002764374 330551849952JL25 6,457.59
08/22/202502007551 COACHELLA VALLEY WATER DIST.W1 10561 HAYSTACK43510002764374 330559849954JL25 2,723.95
08/22/202502007551 COACHELLA VALLEY WATER DIST.W1 (3) 1056 PRESIDENTS PLAZA43510002774373 315185847712JL25 1,836.55
08/22/202502007551 COACHELLA VALLEY WATER DIST.W1 (5) 1056 PRESIDENTS PLAZA43510002774373 315185847712JL25 1,107.53
08/22/202502007551 COACHELLA VALLEY WATER DIST.W1 (1) 1056 VINEYARDS43510002784374 315185847712JL25 48.24
08/22/202502007551 COACHELLA VALLEY WATER DIST.W1 (7) 1056 VINEYARDS43510002784374 315185847712JL25 182.14
08/22/202502007551 COACHELLA VALLEY WATER DIST.W1 (4) 1056 THE GROVE43510002814374 315185847712JL25 765.83
08/22/202502007551 COACHELLA VALLEY WATER DIST.W1 (2) 1056 PRESIDENTS PLAZA 343510002824373 315185847712JL25 129.99
08/22/2025Report Date 4Page City and Housing
Docusign Envelope ID: 842F3E4E-1F9E-45DD-9E7D-8984978FA81E
42
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
8/22/2025 - 8/22/2025
City of Palm Desert
Account Number
08/22/202502007551 COACHELLA VALLEY WATER DIST.W1 (8) 1056 PRESIDENTS PLAZA 343510002824373 315185847712JL25 89.84
08/22/202502007551 COACHELLA VALLEY WATER DIST.W1 (6) 1056 PORTOLA PLACE43510002834374 315185847712JL25 49.54
08/22/202502007551 COACHELLA VALLEY WATER DIST.W1 (1) 1161 - 73710 FW43696015104195 652499886934JL25 88.74
08/22/202502007551 COACHELLA VALLEY WATER DIST.W1 (3) 1161 - 73710 FW FP43696015104195 652499886934JL25 86.99
08/22/202502007551 COACHELLA VALLEY WATER DIST.W1 (2) 1161 - 73720 FW43696025104195 652499886934JL25 76.96
08/22/202502007551 COACHELLA VALLEY WATER DIST.W1 (4) 1161 - 72559 HWY 11143698005104195 652499886934JL25 80.37
08/22/202502007551 COACHELLA VALLEY WATER DIST.W1 (5) 1161 - 72559 HWY 111 FP43698005104195 652499886934JL25 40.65
08/22/202502007552 COUNTY OF RIVERSIDE SHERIFFW1 FY 25/26 RSO MOTOR FUEL42170001104210 SH00000448817 1,032.81
08/22/202502007553 CSMFOW1 CA Local Budgeting Part 1 SP2543120001104150 6285434 200.00
08/22/202502007553 CSMFOW1 CA Local Budgeting Part 2 OC2543120001104150 6285434 200.00
08/22/202502007554 DESERT OASIS HEALTHCAREW1 EMS (7/15/25) RUN (291417)34124002300000 25-291471 654.01
08/22/202502007555 Inland Empire Health PlanW1 EMS (07/15/25) RUN (107352)34124002300000 22-170352 221.98
08/22/202502007556 KAISER FOUNDATION HEALTH PLANW1 EMS (07/15/25) RUN (20553)34124002300000 23-220553 425.00
08/22/202502007557 LUCID SOFTWARE INCW1 Lucid Software-Add Users 8/25-43620011104190 19011209 452.05
08/22/202502007558 NORIDIAN MEDICARE JE PART BW1 EMS (07/15/25) RUN (185845)34124002300000 23-185845 389.96
08/22/202502007559 NORIDIAN MEDICARE JE PART BW1 EMS (07/15/25) RUN (48622)34124002300000 23-206575 378.35
08/22/202502007560 PBK ARCHITECTS INCW1 Jul25 FS33 Architectual Svcs44002002304220 11 31,000.00
08/22/202502007560 PBK ARCHITECTS INCW1 Jul25 FS71 Architectual Svcs44002002304220 11 31,000.00
08/22/202502007560 PBK ARCHITECTS INCW1 Jul25 Svcs - NS FS10244001002354270 22 4,400.00
08/22/202502007561 PEAC SOLUTIONSW1 7/30-8/29 XEROX LEASE43420001104190 40798420 193.76
08/22/202502007562 PEAC SOLUTIONSW1 7/29-8/28 XEROX LEASE MULTIPLE43420001104190 40796453 2,877.88
08/22/202502007563 RANCHO MIRAGE CHAMBERW1 RMCC SpeakerSeries 8.20.25 KQ43125001104110 115548 55.00
08/22/202502007564 REFRIGERATION SUPPLIESW1 R/M BLDG MAINT - CH42190001104340 62260481-00 404.96
08/22/202502007565 RETAIL COACH LLCW1 Retail Mkt Analysis Svc 8/2543090001104430 5757 3,333.33
08/22/202502007566 SLADDEN ENGINEERINGW1 Jul25 Soil Comp Test El Paseo44002002134134 57871 10,565.00
08/22/202502007567 SOUTHERN CALIFORNIA EDISONW1 STREET LITES LS-343514001104250 600001510277JL25 174.97
08/22/202502007567 SOUTHERN CALIFORNIA EDISONW1 TRAFFIC SIGNALS TC-143514001104250 600001002544JL25 10,100.20
08/22/2025Report Date 5Page City and Housing
Docusign Envelope ID: 842F3E4E-1F9E-45DD-9E7D-8984978FA81E
43
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
8/22/2025 - 8/22/2025
City of Palm Desert
Account Number
08/22/202502007568 TAG/AMS INC.W1 Random Drug Tests 7.202543056001104154 4610 465.00
08/22/202502007569 U S POSTMASTERW1 BRIGHTSIDE NEWS SP/OC2543026001104417 BRIGHTSIDE SEP25 8,412.52
Examined and Approved Total For Bank ID - W1
491,722.64City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
08/22/2025Report Date 6Page City and Housing
Docusign Envelope ID: 842F3E4E-1F9E-45DD-9E7D-8984978FA81E
44
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
8/23/2025 - 8/23/2025
City of Palm Desert
Account Number
08/23/202500005106 JEREMY HARRIS CONSTRUCTION INCW1 RTNT-3460-NUISANCESOIL20600004000000 RTNT-3460 -1,829.00
08/23/202500005106 JEREMY HARRIS CONSTRUCTION INCW1 RTNT-3462-NUISANCESOIL20600004000000 RTNT-3462 -24,670.90
08/23/202500005106 JEREMY HARRIS CONSTRUCTION INCW1 NUISANCE SOIL REMOVAL43090004004300 3460 36,580.00
08/23/202500005106 JEREMY HARRIS CONSTRUCTION INCW1 NUISANCE SOIL REMOVAL43090004004300 3462 493,418.00
Examined and Approved Total For Bank ID - W1
503,498.10City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
08/23/2025Report Date 1Page City and Housing
Docusign Envelope ID: F176AAE4-0CAD-49B5-A486-4787105624A1
45
46
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
8/25/2025 - 8/25/2025
City of Palm Desert
Account Number
08/25/202500005107 CALIBA INCW1 RTNT 24251714 / C45120B20600002300000 PP#5-RTNT -51,399.00
08/25/202500005107 CALIBA INCW1 June25 Svcs FS102 Construction44002002304220 PP#5 1,027,980.15
08/25/202502007570 BANNER BANKW1 2378 - RTNT HOLD ECR PP#510250002300000 ESCROW 2378 PP#5 51,399.00
08/25/202502007570 BANNER BANKW1 2378 - RTNT HOLD ECR PP#520600002300000 ESCROW 2378 PP#5 51,399.00
08/25/202502007570 BANNER BANKW1 2378 - RTNT HOLD ECR PP#520600002300000 ESCROW 2378 PP#5 -51,399.00
Examined and Approved Total For Bank ID - W1
1,027,980.15City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
08/25/2025Report Date 1Page City and Housing
Docusign Envelope ID: 497961E9-B48C-411E-B4F5-C4A779A14A33
47
48
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
8/26/2025 - 8/26/2025
City of Palm Desert
Account Number
08/26/202500005108 CITY EMPLOYEES ASSOCIATES LLCW1 PDEO DUES through 07/202521613001100000 PDEO JULY 25 2,295.00
Examined and Approved Total For Bank ID - W1
2,295.00City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
08/26/2025Report Date 1Page City and Housing
Docusign Envelope ID: 0E8AA498-2FAD-4997-8D89-865BE0F999A8
49
50
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
8/27/2025 - 8/27/2025
City of Palm Desert
Account Number
08/27/202500005109 CITY NETW1 JUNE25 STREET OUTREACH43090002264212 2025-0600121 20,927.74
Examined and Approved Total For Bank ID - W1
20,927.74City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
08/27/2025Report Date 1Page City and Housing
Docusign Envelope ID: 97638152-ACCD-4885-832B-204B90E09FC2
51
52
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
8/28/2025 - 8/28/2025
City of Palm Desert
Account Number
08/28/202500005111 ADVANTEC CONSULTING ENGINEERSW1 TRAFFIC STUDY PORTOLA/DE ANZA43090001104250 9803-0308-03-01 2,320.00
08/28/202500005111 ADVANTEC CONSULTING ENGINEERSW1 TRAFFIC STUDY PP3 PARKING LOT43321002824373 9803-0308-03-01 6,849.60
08/28/202500005111 ADVANTEC CONSULTING ENGINEERSW1 TRAFFIC MGMT SYSTEM REP44001004004250 9803-0308-04-01 8,252.90
08/28/202500005112 AVENU MUNISERVICES LLCW1 SUTA Q1 Services 3/31/2543090001104159 INV06-021525 6,693.80
08/28/202500005113 BRODART COW1 Library Books42112002524662 B7031475 30.26
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7031474 522.23
08/28/202500005113 BRODART COW1 Library Books42112002524662 B7031473 24.27
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7031472 17.43
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7031500 22.41
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7031494 750.34
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7031261 648.33
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7031260 25.52
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7031259 22.04
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7031258 15.06
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7031257 119.77
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7031256 415.11
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7033890 312.50
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7033921 780.01
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7033920 183.66
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7033901 38.88
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7033857 321.52
08/28/202500005113 BRODART COW1 Library Books42112002524662 B7029736 789.19
08/28/202500005113 BRODART COW1 Library Books42112002524662 B7029737 1,111.02
08/28/202500005113 BRODART COW1 Library Books42112002524662 B7029738 996.20
08/28/202500005113 BRODART COW1 Library Books42112002524662 B7029741 871.46
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7031255 279.78
08/28/202500005113 BRODART COW1 Library Books42112002524662 B7031254 37.78
08/28/2025Report Date 1Page City and Housing
Docusign Envelope ID: F81EC616-822C-4361-806C-9DC21FD12B49
53
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
8/28/2025 - 8/28/2025
City of Palm Desert
Account Number
08/28/202500005113 BRODART COW1 Library Books42112002524662 B7031492 18.05
08/28/202500005113 BRODART COW1 Library Books42112002524662 B7031491 43.21
08/28/202500005113 BRODART COW1 Library Books42112002524662 B7031490 137.30
08/28/202500005113 BRODART COW1 Library Books42112002524662 B7031489 269.37
08/28/202500005113 BRODART COW1 Library Books42112002524662 B7031488 1,248.72
08/28/202500005113 BRODART COW1 Library Books42112002524662 B7031512 93.92
08/28/202500005113 BRODART COW1 Library Books42112002524662 B7031513 15.66
08/28/202500005113 BRODART COW1 Library Books42112002524662 B7031511 22.24
08/28/202500005113 BRODART COW1 Library Books42112002524662 B7031510 45.64
08/28/202500005113 BRODART COW1 Library Books42112002524662 B7031476 53.27
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7035672 79.51
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7035903 17.45
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7035893 71.44
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7035555 46.25
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7035536 29.32
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7035821 32.20
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7035749 78.45
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7035815 75.01
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7035673 38.18
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7033282 517.23
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7033337 345.20
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7033338 297.56
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7033010 985.47
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7033095 219.66
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7033341 13.92
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7033283 1,034.52
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7038230 91.12
08/28/2025Report Date 2Page City and Housing
Docusign Envelope ID: F81EC616-822C-4361-806C-9DC21FD12B49
54
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
8/28/2025 - 8/28/2025
City of Palm Desert
Account Number
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7038359 17.57
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7038248 174.07
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7038224 553.39
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7038223 135.92
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7038232 41.18
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7038370 18.50
08/28/202500005113 BRODART COW1 Library Book vendor to purchas42112002524662 B7038229 50.88
08/28/202500005114 ENTERPRISE HOLDINGS INCW1 24/25 VEHICLE RENTALS RSO43904001104210 39424205-24/25 528.89
08/28/202500005115 FG CREATIVE INCW1 EPPBIDBanwango-GiftCard FY242543215002714491 10353 525.00
08/28/202500005116 STAPLES BUSINESS ADVANTAGEW1 SUPPLIES - DISPLAY SIGN HOLDER42190001104419 6026926056 74.28
08/28/202500005116 STAPLES BUSINESS ADVANTAGEW1 SUPPLIES - WIRE COVERS42190001104419 6031860374 47.93
08/28/202500005117 TKE ENGINEERING INCW1 FEB25 ENG SRVS MTN VIEW RB42191001104159 2025-587 10,105.80
08/28/202500005118 WEX HEALTH INCW1 JUNE25 COBRA - Monthly43090001104154 0002185987-IN 111.00
08/28/202502007572 AT&TW1 FY2425 RSO LEATrack T25160005643904001104210 574471-FY2425 551.61
08/28/202502007573 KEYSER MARSTON ASSOCIATES INCW1 Alessandro Feasibility 6/202543091021104430 0039904 1,327.50
08/28/202502007574 SA Recycling LlcW1 MULCH - D. SHORE/KEY LARGO43320001104310 60425 1,500.00
08/28/202502007575 SOURCE GRAPHICSW1 PRINTER INK42120001104190 133809 120.68
08/28/202502007576 STERLING ADMINISTRATIONW1 June 25 Admin Fees DCA & FSA43090001104154 871773 185.00
Examined and Approved Total For Bank ID - W1
54,440.14City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
08/28/2025Report Date 3Page City and Housing
Docusign Envelope ID: F81EC616-822C-4361-806C-9DC21FD12B49
55
56
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
8/29/2025 - 8/29/2025
City of Palm Desert
Account Number
08/29/202500005119 ALTUM GROUPW1 On-Call Planning Svcs - JL2543005001104470 10335 10,081.50
08/29/202500005120 AMAZON CAPITAL SERVICES INC.W1 WIRELESS PRESENTER REMOTE42110001104421 1FMV-LD66-RV93 34.79
08/29/202500005120 AMAZON CAPITAL SERVICES INC.W1 AG'25 Floor Liners FV #00742110001104430 1NL3-HRPM-FHHR 163.11
08/29/202500005120 AMAZON CAPITAL SERVICES INC.W1 AUG 2025 LIB OFFICE SUPPLIES42110002524662 1KYD-C7G6-1JCR 274.87
08/29/202500005120 AMAZON CAPITAL SERVICES INC.W1 CMO Office Supplies42110001104130 1LC6-JMGW-DQ4C 92.41
08/29/202500005120 AMAZON CAPITAL SERVICES INC.W1 CMO Office Supplies42110001104130 1NL3-HRPM-TMCY 43.09
08/29/202500005121 BUREAU VERITAS NORTH AMERICAW1 PLAN REVIEW SVCS - JL2543090001104420 RI 25034956 845.00
08/29/202500005122 CDW LLCW1 External DVD42120001104190 AF2CK5X 67.27
08/29/202500005122 CDW LLCW1 Handset Cord, Headset, Outlet42120001104190 AF3SV9P 585.55
08/29/202500005122 CDW LLCW1 Veeam Renewal 1Yr Lic FY252643620011104190 AE92W9R 1,116.00
08/29/202500005122 CDW LLCW1 R- Samsung Monitors44040005304190 AE93J5I 805.13
08/29/202500005122 CDW LLCW1 Remote42120001104190 AF3244M 77.28
08/29/202500005122 CDW LLCW1 HP414A Toners42120001104190 AF44L6I 566.85
08/29/202500005122 CDW LLCW1 HP 730 INK42120001104190 AF4XQ7V 877.16
08/29/202500005122 CDW LLCW1 HP 148A TONER42120001104190 AF4ID7E 141.34
08/29/202500005122 CDW LLCW1 Port Switch42120001104190 AF44G2A 379.21
08/29/202500005123 DECKARD TECHNOLOGIES INCW1 STR MONITOR & ENFORC - JL2543090001104422 2141 5,783.33
08/29/202500005124 ECONOLITE CONTROL PRODUCTS INCW1 R/M TRAFFIC SIGNAL EQUIPMENT43325001104250 INV233199 1,109.25
08/29/202500005124 ECONOLITE CONTROL PRODUCTS INCW1 R/M TRAFFIC SIGNAL EQUIPMENT43325001104250 INV233250 1,599.11
08/29/202500005125 ENTERPRISE HOLDINGS INCW1 6/20-7/10 car rentals RCS43904001104210 39424205 480.80
08/29/202500005125 ENTERPRISE HOLDINGS INCW1 7/10-728 car rentals RCS43904001104210 39532874 940.97
08/29/202500005126 FEHR & PEERSW1 Circulation Element - JL2543005001104470 188139 10,542.50
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 LMA 7 MAINT - DSRT MIRAGE43320002734680 6837 565.00
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 LMA 7 MAINT - PRIMROSE I43320002734682 6837 340.00
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 LMA 7 MAINT - DIAMONDBACK43320002754643 6837 115.00
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 LMA 7 MAINT -MONT MEADOWS43320002754680 6837 145.00
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 LMA 7 MAINT - THE GLEN43320002754681 6837 295.00
08/29/2025Report Date 1Page City and Housing
Docusign Envelope ID: C06A66A2-E0F3-452C-B95F-E695606AECF7
57
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
8/29/2025 - 8/29/2025
City of Palm Desert
Account Number
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 LMA 7 MAINT -HVLY ESTATES43320002754682 6837 150.00
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 LMA 7 MAINT - SONATA I43320002754683 6837 365.00
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 LMA 7 MAINT - SONATA II43320002754684 6837 800.00
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 LMA 7 MAINT - HOVLEY COLL43320002754685 6837 400.00
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 LMA 7 MAINT - LA PALOMA I43320002754686 6837 165.00
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 LMA 7 MAINT -LA PALOMA II43320002754687 6837 165.00
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 LMA 7 MAINT-LA PALOMA III43320002754693 6837 140.00
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 LMA 7 MAINT -SANDPIPER CT43320002754694 6837 170.00
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25LMA 7 MAINT-SANDPIPER CT W43320002754695 6837 175.00
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 LMA 7 MAINT - HOVLEY CT W43320002754696 6837 255.00
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 LMA 7 MAINT - PALM CT43320002754697 6837 115.00
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 LMA7 MAINT - PP I/II43320002774373 6837 5,610.00
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 LMA 7 MAINT - VINEYARDS43320002784374 6837 230.00
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 LMA 7 MAINT - WARING CT43320002794374 6837 219.00
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 LMA 7 MAINT - PALM GATE43320002804374 6837 137.00
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 LMA 7 MAINT - THE GROVE43320002814374 6837 1,200.00
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 LMA 7 MAINT - PP III43320002824373 6837 3,600.00
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 LMA 7 MAINT - PORTOLA PL43320002834374 6837 219.00
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 LMA 7 MAINT - K / B43320002854374 6837 1,000.00
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 LMA 7 MAINT -CANYON CREST43320002864374 6837 295.00
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 MA 7 MAINT - COLLEGE EST43320002874374 6837 330.00
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 LMA 7 MAINT - BOULDERS43320002874680 6837 520.00
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 LMA 7 MAINT - SUNDANCE W43320002874681 6837 290.00
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 LMA 7 MAINT - PETUNIA I43320002874682 6837 340.00
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 LMA 7 MAINT - SUNDANCE E43320002874683 6837 160.00
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 MA 7 MAINT - COLLEGE EST43320002874684 6837 295.00
08/29/202500005127 HORIZON PROFESSIONAL LANDSCAPEW1 JL25 LMA 7 MAINT - PDCC43320002994374 6837 900.00
08/29/2025Report Date 2Page City and Housing
Docusign Envelope ID: C06A66A2-E0F3-452C-B95F-E695606AECF7
58
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
8/29/2025 - 8/29/2025
City of Palm Desert
Account Number
08/29/202500005128 IDEA PEDDLER LLCW1 Public Relations JL2543090001104417 2888 3,666.66
08/29/202500005128 IDEA PEDDLER LLCW1 Public Relations - AG2543090001104417 2915 3,666.66
08/29/202500005128 IDEA PEDDLER LLCW1 Media Management Retainer JL2543090001104417 2891 4,378.75
08/29/202500005128 IDEA PEDDLER LLCW1 Media Management Retainer AG2543090001104417 2914 4,378.75
08/29/202500005129 INTERWEST CONSULTING GROUP INCW1 ON-CALL PLANNING - JL2543090001104420 2208262 245.00
08/29/202500005129 INTERWEST CONSULTING GROUP INCW1 PD UNSP UPDATE - JL2543005001104470 2169787 18,826.25
08/29/202500005129 INTERWEST CONSULTING GROUP INCW1 PLAN REVIEW SVCS HRLY - JL2543090001104420 2384597 238.08
08/29/202500005129 INTERWEST CONSULTING GROUP INCW1 PLAN REVIEW SVCS RESI - JL2543090001104420 2207512 1,127.45
08/29/202500005130 MIDWEST TAPE LLCW1 PHYSICAL DVD/BLUERAY 8/06/2542112002524662 507572026 359.82
08/29/202500005131 MOCTEZUMA, LUISW1 CLR ADV CRRA 8/04-07/2511501002360000 CLR ADV CRRA 8/4 -1,310.83
08/29/202500005131 MOCTEZUMA, LUISW1 Baggage check43120002364195 UNITED 40.00
08/29/202500005131 MOCTEZUMA, LUISW1 Baggage Check43120002364195 UNITED AIRLINES 40.00
08/29/202500005131 MOCTEZUMA, LUISW1 Uber for CRRA Conf43120002364195 UBER 8/4/2025 17.98
08/29/202500005131 MOCTEZUMA, LUISW1 Uber CRRA Conf43120002364195 UBER 8/7/2025 16.97
08/29/202500005131 MOCTEZUMA, LUISW1 Mileage to and from PS Airport43120002364195 MILEAGE MOCTEZUM 14.84
08/29/202500005131 MOCTEZUMA, LUISW1 CLR LDG CRRA 8/04-07/2543120002364195 CLR LDG CRRA 8/4 989.10
08/29/202500005131 MOCTEZUMA, LUISW1 CLR PRDM CRRA 8/04-07/2543120002364195 CLR PRD CRRA 8/4 322.00
08/29/202500005132 MOTOWORX GARAGEW1 RSO VEHICLE MAINT PD23-0243340001104210 MWG2505 1,444.37
08/29/202500005132 MOTOWORX GARAGEW1 RSO VEHICLE MAINT PD16-0143340001104210 MWG2504 189.28
08/29/202500005132 MOTOWORX GARAGEW1 RSO VEHICLE MAINT PD20-0343340001104210 MWG2503 791.84
08/29/202500005133 PARK CONSULTING GROUP INC.W1 JUL25 LMS Advisory & Impl Svcs43900001104190 1073 33,320.00
08/29/202500005134 SHI INTERNATIONAL CORPORATIONW1 VuSpex Software 7/1-24/2614301001100000 B20066351 2,950.00
08/29/202500005134 SHI INTERNATIONAL CORPORATIONW1 VuSpex Software 7/1/25-6/30/2643620011104190 B20066351 14,750.00
08/29/202500005135 RAMSAY GROUPW1 JULY25 CDBG ADMIN43090002204800 13 3,800.00
08/29/202500005136 US BANKW1 FY25/26 CFD 2005-1 Admin Fees43090003534394 7835273 3,025.00
08/29/202500005136 US BANKW1 FY25/26 2021-1 2021 Adm Fees43090003544394 7834862 3,025.00
08/29/202500005137 VANCE CORPORATIONW1 RTNT 24251845 / C4928020600002110000 2025-09.02-R -73,564.81
08/29/2025Report Date 3Page City and Housing
Docusign Envelope ID: C06A66A2-E0F3-452C-B95F-E695606AECF7
59
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
8/29/2025 - 8/29/2025
City of Palm Desert
Account Number
08/29/202500005137 VANCE CORPORATIONW1 EL PASEO ST REHAB JUL SVCS44002002114134 2025-09.02 1,471,296.11
08/29/202500005138 VECTORUSAW1 Aruba Central Tech Svc 7.2.2543090001104190 104422 1,080.00
08/29/202500005139 VINTAGE ASSOCIATESW1 JL25 LMA 16 LNDS MAINT - PARKS43320011104611 237786 34,715.00
08/29/202500005139 VINTAGE ASSOCIATESW1 JL25 LMA 16 LNDS MAINT - COMM43910001104611 237786 985.00
08/29/202500005139 VINTAGE ASSOCIATESW1 JL25 LMA 16 LNDS MAINT - HAYST43320002764374 237786 3,950.00
08/29/202500005140 VISIT GREATER PALM SPRINGSW1 GPSTBID Remittance APR25-JUN2522865006100000 4TH QTR - C41730 53,585.32
08/29/202500005140 VISIT GREATER PALM SPRINGSW1 Less 5% Admin Fee22865006100000 4TH QTR - C41730 -2,679.27
08/29/202500005141 VISUAL EDGE IT INCW1 INK&TONER 2TX101725 7/20-8/1943420001104190 24AR2881855 67.68
08/29/202500005141 VISUAL EDGE IT INCW1 INK&TONER CITYHALL 8/01-8/3143420001104190 24AR2859156 454.50
08/29/202500005142 VONNEGUT, SHANNONW1 ADV ALA AIR 11/12-15/25 SV11501002520000 ADV ALA AIR SV 286.97
08/29/202500005142 VONNEGUT, SHANNONW1 ADV ALA PRDM 11/12-15/25 SV11501002520000 ADV ALA PRDM SV 322.00
08/29/202500005142 VONNEGUT, SHANNONW1 ADV ALA LDG 11/12-15/25 SV11501002520000 ADV ALA HOTEL SV 627.00
08/29/202500005143 WATERLINE TECHNOLOGIES INCW1 POOL CHEMICALS - PDAC42111002424549 5748307 325.66
08/29/202500005143 WATERLINE TECHNOLOGIES INCW1 POOL CHEMICALS - PDAC42111002424549 5748311 1,729.13
08/29/202500005143 WATERLINE TECHNOLOGIES INCW1 POOL CHEMICALS - PDAC42111002424549 5749999 2,457.80
08/29/202500005143 WATERLINE TECHNOLOGIES INCW1 POOL CHEMICALS - PDAC42111002424549 5751231 249.95
08/29/202500005143 WATERLINE TECHNOLOGIES INCW1 POOL CHEMICALS - PDAC42111002424549 5748595 1,468.78
08/29/202500005143 WATERLINE TECHNOLOGIES INCW1 POOL CHEMICALS - PDAC42111002424549 5748821 864.56
08/29/202500005143 WATERLINE TECHNOLOGIES INCW1 POOL CHEMICALS - PDAC42111002424549 5749061 2,247.86
08/29/202500005143 WATERLINE TECHNOLOGIES INCW1 POOL CHEMICALS - PDAC42111002424549 5750378 392.81
08/29/202500005143 WATERLINE TECHNOLOGIES INCW1 POOL CHEMICALS - PDAC42111002424549 5750400 1,729.13
08/29/202500005143 WATERLINE TECHNOLOGIES INCW1 POOL CHEMICALS - PDAC42111002424549 5751085 2,005.79
08/29/202500005143 WATERLINE TECHNOLOGIES INCW1 POOL CHEMICALS - PDAC42111002424549 5751691 392.81
08/29/202500005143 WATERLINE TECHNOLOGIES INCW1 POOL CHEMICALS - PDAC42111002424549 5751785 951.02
08/29/202500005143 WATERLINE TECHNOLOGIES INCW1 POOL CHEMICALS - PDAC42111002424549 5752179 1,210.39
08/29/202500005143 WATERLINE TECHNOLOGIES INCW1 POOL CHEMICALS - PDAC42111002424549 5752337 1,525.22
08/29/202500005143 WATERLINE TECHNOLOGIES INCW1 POOL CHEMICALS - PDAC42111002424549 5752750 62.21
08/29/2025Report Date 4Page City and Housing
Docusign Envelope ID: C06A66A2-E0F3-452C-B95F-E695606AECF7
60
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
8/29/2025 - 8/29/2025
City of Palm Desert
Account Number
08/29/202500005143 WATERLINE TECHNOLOGIES INCW1 POOL CHEMICALS - PDAC42111002424549 5753355 2,247.86
08/29/202500005143 WATERLINE TECHNOLOGIES INCW1 POOL CHEMICALS - PDAC42111002424549 5753562 1,210.39
08/29/202500005143 WATERLINE TECHNOLOGIES INCW1 POOL CHEMICALS - PDAC42111002424549 5752752 489.64
08/29/202500005143 WATERLINE TECHNOLOGIES INCW1 POOL CHEMICALS - PDAC42111002424549 5754809 1,037.48
08/29/202500005143 WATERLINE TECHNOLOGIES INCW1 POOL CHEMICALS - PDAC42111002424549 5754565 1,452.47
08/29/202500005144 WILLDAN FINANCIAL SERVICESW1 AD01-01 Slvr Spr Reminder Ltr43090003124350 010-62937 173.58
08/29/202500005144 WILLDAN FINANCIAL SERVICESW1 AD01-01 Slvr Spr Demand Ltr43090003124350 010-62937 178.90
08/29/202500005144 WILLDAN FINANCIAL SERVICESW1 AD04-01 Highland Reminder Ltr43090003144350 010-62937 126.24
08/29/202500005144 WILLDAN FINANCIAL SERVICESW1 AD04-01 Highland Demand Ltr43090003144350 010-62937 35.78
08/29/202500005144 WILLDAN FINANCIAL SERVICESW1 04-02 Section 29 Reminder Ltr43090003154350 010-62937 94.68
08/29/202500005144 WILLDAN FINANCIAL SERVICESW1 04-02 Section 29 Demand Ltr43090003154350 010-62937 286.24
08/29/202500005144 WILLDAN FINANCIAL SERVICESW1 CFD2005-1 U-Park Reminder Ltr43090003534394 010-62937 15.78
08/29/202500005144 WILLDAN FINANCIAL SERVICESW1 CFD2005-1 U-Park Demand Ltr43090003534394 010-62937 71.56
08/29/202500005144 WILLDAN FINANCIAL SERVICESW1 CFD2021-1 Ser 21 Remind Ltr43090003544394 010-62937 78.90
08/29/202500005144 WILLDAN FINANCIAL SERVICESW1 CFD2021-1Series2021 Demand Ltr43090003544394 010-62937 107.34
08/29/202502007577 ACCESS TOOLKITW1 FY2526 Accessibility Software43620001104420 1618 595.00
08/29/202502007578 ACCURATE FIRST AID SERVICESW1 FIRST AID SUPPLIES - CITY HALL42190001104340 C-3097 416.56
08/29/202502007579 ALL AMERICAN ASPHALTW1 RET REL 24251535 / C4786020600002130000 211743 31,463.38
08/29/202502007580 AT&TW1 Sheriff LEA Track T25160005643904001104210 574471 348.39
08/29/202502007581 BUMPS, TIMOTHYW1 ANIMAL VAX-JACKSON43884001104230 BUMPS 0725 25.00
08/29/202502007582 CALIFORNIA BUILDINGW1 VIRTUAL ED WEEK (2) A. MARRON43120001104421 19411 330.00
08/29/202502007582 CALIFORNIA BUILDINGW1 VIRTUAL ED WEEK (4) R. MCKEOWN43120001104421 19426 545.00
08/29/202502007582 CALIFORNIA BUILDINGW1 WEBINAR J. FINLEY 8.19.2543120001104420 19210 90.00
08/29/202502007582 CALIFORNIA BUILDINGW1 WEBINAR J. FINLEY 8.07.2543120001104420 19210 90.00
08/29/202502007582 CALIFORNIA BUILDINGW1 WEBINAR J. FINLEY 8.27.2543120001104420 19210 90.00
08/29/202502007582 CALIFORNIA BUILDINGW1 CALBO CONF J. FINLEY 10/26-3043120001104420 19308 805.00
08/29/202502007582 CALIFORNIA BUILDINGW1 VIRTUAL ED WEEK (3) D. OLSON43120001104420 19501 495.00
08/29/2025Report Date 5Page City and Housing
Docusign Envelope ID: C06A66A2-E0F3-452C-B95F-E695606AECF7
61
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
8/29/2025 - 8/29/2025
City of Palm Desert
Account Number
08/29/202502007582 CALIFORNIA BUILDINGW1 VIRTUAL ED WEEK (2) B. BLAND43120001104420 19501 330.00
08/29/202502007582 CALIFORNIA BUILDINGW1 VIRTUAL ED WEEK (2) M. MOORE43120001104420 19501 330.00
08/29/202502007582 CALIFORNIA BUILDINGW1 WEBINAR A. MARRON 8.07.2543120001104421 19210 90.00
08/29/202502007583 CAPPOW1 Membership Celina Cabrera FY2643630001104150 300016929 145.00
08/29/202502007584 CASH, PETTY-W1 F&B Lib/Fi meeting 8.20.2543125002524662 AH MEET 8.20 20.03
08/29/202502007585 CITY AND COUNTY OF DENVERW1 Peak Academy/Green Belt Traini43121011104154 CI-00121806 7,000.00
08/29/202502007586 COACHELLA VALLEY WATER DIST.W1 iHUB CVWD Aug'25 - 7/16-8/1443950004254430 720041309104AG25 68.62
08/29/202502007587 DATA TICKET INCW1 CITATION PROCESSING - JL2543090001104422 182762 252.38
08/29/202502007588 DEMCO INCW1 Library Book supplies 8/11/2542112002524662 7680439 321.25
08/29/202502007589 DESERT ELECTRIC SUPPLYW1 R/M FLEET - OWNED/LEASE43340001104331 S128296657.001 20.91
08/29/202502007590 GLS USW1 Contracts - Nance43660001104111 5541017 16.05
08/29/202502007590 GLS USW1 Olivares Shipment43660001104111 5544571 10.56
08/29/202502007590 GLS USW1 Aaron West & Dept of ABC - FIN43660001104150 5544571 10.70
08/29/202502007591 GOGOVAPPSW1 GoGov Software Renewal FY262714301001100000 25-498 5,667.00
08/29/202502007591 GOGOVAPPSW1 GoGov Software Renewal FY252643620011104190 25-498 17,001.00
08/29/202502007592 HOLISTIC SYSTEM INTEGRATIONW1 PRINCIPAL CONSULTANT - JL2543090001104421 INV-000140 15,000.00
08/29/202502007593 INTERNATIONAL CODE COUNCILW1 STUDY BOOKS FOR CBO EXAM43620001104420 1002120076 554.08
08/29/202502007594 KEYSER MARSTON ASSOCIATES INCW1 Alessandro Mech 07/2543091021104430 0039994 221.25
08/29/202502007595 LEAGUE OF CALIFORNIA CITIESW1 Clerks Sem Reg 11/12-14 MNance43120001104111 NANCE LOCC 10.25 600.00
08/29/202502007596 LOCK SHOP INC.W1 COPS Key Duplicate43060011104211 BB10564727 49.37
08/29/202502007597 LOWE'S HOME CENTERS INC.W1 CIP SUPPLIES for Ed Gallardo42110001104134 970213-080525 19.61
08/29/202502007598 PDLQ YOUTH FOOTBALL INCW1 OA FY25-26 PDLQ Youth Football43880001104800 FY25/26 OA PYMT 2,500.00
08/29/202502007599 PEAC SOLUTIONSW1 7/20-8/19 XEROX LEASE43420001104190 40774551 206.87
08/29/202502007600 PEAC SOLUTIONSW1 7/14-8/13 XEROX LEASE LIBR43420002524662 40758150 428.01
08/29/202502007601 PROPER SOLUTIONS INC.W1 07/18/25 PW TEMPS AO/TW43003001104300 17382 2,522.66
08/29/202502007601 PROPER SOLUTIONS INC.W1 07/25/25 PW TEMPS AO/TW43003001104300 17405 2,953.60
08/29/202502007601 PROPER SOLUTIONS INC.W1 08/01/25 PW TEMPS AO/TW43003001104300 17426 3,251.60
08/29/2025Report Date 6Page City and Housing
Docusign Envelope ID: C06A66A2-E0F3-452C-B95F-E695606AECF7
62
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
8/29/2025 - 8/29/2025
City of Palm Desert
Account Number
08/29/202502007601 PROPER SOLUTIONS INC.W1 08/08/25 PW TEMPS AO/TW43003001104300 17447 3,119.48
08/29/202502007602 RICE CONSTRUCTIONW1 Cleaning & Maint Svcs - Jul2543372004364650 5407-R 11,704.79
08/29/202502007603 SOUTHWEST AQUATICSW1 JL25 P/M LAGOON - CC PARK43320011104610 07-23473 4,114.00
08/29/202502007603 SOUTHWEST AQUATICSW1 JL25 P/M WTR FEATURE - ENTRADA43921011104614 07-23473 1,030.00
08/29/202502007604 TESERRAW1 REFUND FOR CANCELED PERMIT31665001100000 PSPA25-0021 8.00
08/29/202502007604 TESERRAW1 REFUND FOR CANCELED PERMIT31665001100000 PSPA25-0022 8.00
08/29/202502007604 TESERRAW1 REFUND FOR CANCELED PERMIT31665001100000 PSPA25-0023 8.00
08/29/202502007604 TESERRAW1 REFUND FOR CANCELED PERMIT32211001100000 PSPA25-0021 254.40
08/29/202502007604 TESERRAW1 REFUND FOR CANCELED PERMIT32211001100000 PSPA25-0022 254.40
08/29/202502007604 TESERRAW1 REFUND FOR CANCELED PERMIT32211001100000 PSPA25-0023 254.40
08/29/202502007605 ULINE INCW1 BOOK MATERIALS42112002524662 196144200 254.32
08/29/202502007606 VON HELF, CLAYTONW1 ESRI MILE 7/13-18/25 CVONHELF43115001104190 CVONHELF MILE713 165.20
08/29/202502007606 VON HELF, CLAYTONW1 ESRI LDG 7/13-18/25 CVONHELF43120001104190 CVONHELF LDG 713 1,779.75
08/29/202502007606 VON HELF, CLAYTONW1 ESRI PRDM 7/13-18/25 CVONHELF43120001104190 CVONHELF PRDM713 473.00
08/29/202502007606 VON HELF, CLAYTONW1 ESRI PARK 7/13-18/25 CVONHELF43120001104190 CVONHELF PRK 713 325.00
08/29/202502007607 WILLDAN ENGINEERINGW1 PLAN REVIEW SVCS - JL2543090001104420 002-35458 2,635.00
Examined and Approved Total For Bank ID - W1
1,794,241.57City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
08/29/2025Report Date 7Page City and Housing
Docusign Envelope ID: C06A66A2-E0F3-452C-B95F-E695606AECF7
63
64
CITY OF PALM DESERT
CITY CLERK DEPARTMENT
INTEROFFICE MEMORANDUM
To:
From:
Date:
BUILDING AND SAFETY DIVISION AND PLANNING DIVISION
, CITY CLERK
Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY:
_____________________________________________________
A copy of the subject ABC License Application is attached for your review and
recommendation to the City Council or to another department(s) for further action. A
response is required. Please mark the appropriate response below and return to
my office by __________________________
Responding Department: __________________________ Date:_______________
Response:
No comment – okay to present to City Council.
Refer to ______________________________________ related comments
(attach additional sheets, if necessary): _________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Other – Additional comments (attach additional sheets, if necessary):
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
BOHEMIOS MEXICAN CUISINE, 34460 MONTEREY AVE. PALM DESERT, CA 92211-6008
Monday, May 5, 2025.
April 28, 2025Building and Safety
April 28, 2025
65
CITY OF PALM DESERT
CITY CLERK DEPARTMENT
INTEROFFICE MEMORANDUM
To:
From:
Date:
BUILDING AND SAFETY DIVISION AND PLANNING DIVISION
, CITY CLERK
Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY:
_____________________________________________________
A copy of the subject ABC License Application is attached for your review and
recommendation to the City Council or to another department(s) for further action. A
response is required. Please mark the appropriate response below and return to
my office by __________________________
Responding Department: __________________________ Date:_______________
Response:
No comment – okay to present to City Council.
Refer to ______________________________________ related comments
(attach additional sheets, if necessary): _________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Other – Additional comments (attach additional sheets, if necessary):
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
BOHEMIOS MEXICAN CUISINE, 34460 MONTEREY AVE. PALM DESERT, CA 92211-6008
Thursday, September 11, 2025.
September 4, 2025Development Services: Planning
September 4, 2025
66
67
68
Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 11, 2025
PREPARED BY: Michelle Nance, Acting Assistant City Clerk
SUBJECT: ADOPTION OF ORDINANCE NO. 1433 AMENDING CHAPTER 29.30 OF
THE PALM DESERT MUNICIPAL CODE TO RENAME THE “CULTURAL
RESOURCES PRESERVATION COMMITTEE” TO THE “HISTORIC
PRESERVATION COMMITTEE”
RECOMMENDATION:
Adoption of Ordinance No. 1433 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 29.30 OF THE PALM
DESERT MUNICIPAL CODE TO RENAME THE ‘CULTURAL RESOURCES PRESERVATION
COMMITTEE’ TO THE ‘HISTORIC PRESERVATION COMMITTEE’”
BACKGROUND/ANALYSIS:
On August 28, 2025, the City Council introduced Ordinance No. 1433 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. 1433
69
70
ORDINANCE NO. 1433
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING CHAPTER 29.30 OF THE PALM
DESERT MUNICIPAL CODE TO RENAME THE “CULTURAL
RESOURCES PRESERVATION COMMITTEE” TO THE “HISTORIC
PRESERVATION COMMITTEE”
THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. All references to the “Cultural Resources Preservation Committee”
in Chapter 29.30 of the Palm Desert Municipal Code are hereby amended to read “Historic
Preservation Committee.”
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, California, do hereby
certify that Ordinance No. 1433 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Desert City Council on August 28, 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
71
72
Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 11, 2025
PREPARED BY: Michelle Nance, Acting Assistant City Clerk
SUBJECT: ADOPT ORDINANCE NO. 1434, AMENDING CHAPTER 2.66 OF THE
PALM DESERT MUNICIPAL CODE TO RENAME THE “RESOURCE
PRESERVATION AND ENHANCEMENT COMMITTEE” TO THE
“ENVIRONMENTAL RESOURCES COMMITTEE”
RECOMMENDATION:
Adoption of Ordinance No. 1434 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 2.66 OF THE PALM DESERT
MUNICIPAL CODE TO RENAME THE ‘RESOURCE PRESERVATION AND ENHANCEMENT
COMMITTEE’ TO THE ‘ENVIRONMENTAL RESOURCES COMMITTEE’.”
BACKGROUND/ANALYSIS:
On August 28, 2025, the City Council introduced Ordinance No. 1434 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. 1434
73
74
ORDINANCE NO. 1434
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING CHAPTER 2.66 OF THE PALM
DESERT MUNICIPAL CODE TO RENAME THE “RESOURCE
PRESERVATION AND ENHANCEMENT COMMITTEE” TO THE
“ENVIRONMENTAL RESOURCES COMMITTEE”
THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. All references to the "Resource Preservation and Enhancement
Committee" in Chapter 2.66 of the Palm Desert Municipal Code are hereby amended to
read "Environmental Resources Committee."
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, California, do hereby
certify that Ordinance No. 1434 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Desert City Council on August 28, 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
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 11, 2025
PREPARED BY: Michelle Nance, Acting Assistant City Clerk
SUBJECT: ADOPT ORDINANCE NO. 1435, APPROVING A GENERAL PLAN
AMENDMENT TO MODIFY THE CITY CENTER/DOWNTOWN SECTION
OF THE GENERAL PLAN TO REMOVE MINIMUM DENSITY
REQUIREMENTS AND CLARIFIES ALLOWED LAND USE TYPES AND
MAKING A FINDING OF EXEMPTION UNDER CEQA
RECOMMENDATION:
Adoption of Ordinance No. 1435 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT TO
MODIFY THE CITY CENTER/DOWNTOWN SECTION OF THE GENERAL PLAN TO REMOVE
MINIMUM DENSITY REQUIREMENTS AND CLARIFIES ALLOWED LAND USE TYP ES AND
MAKING A FINDING OF EXEMPTION UNDER CEQA. CASE NOS. GPA25 -0001”
BACKGROUND/ANALYSIS:
On August 28, 2025, the City Council introduced Ordinance No. 1435 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. 1435
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ORDINANCE NO. 1435
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT
TO MODIFY THE CITY CENTER/DOWNTOWN SECTION OF THE
GENERAL PLAN TO REMOVE MINIMUM DENSITY REQUIREMENTS
AND CLARIFIES ALLOWED LAND USE TYPES AND MAKING A FINDING
OF EXEMPTION UNDER CEQA
CASE NOS. GPA25-0001
WHEREAS, Government Code Section 65800 et seq. provides for the amendment
of any and all adopted City of Palm Desert (“City”) zoning laws, ordinances, rules and
regulations;
WHEREAS, the General Plan Amendment (“Project”) is initiated by the City of
Palm Desert Development Services Department and modifies the City Center/Downtown
Section of the General Plan to remove minimum density requirements and clarifies
allowed land use types; and
WHEREAS, the City has complied with the requirements of the Local Planning and
Zoning Law (Government Code section 65100 et seq.), and the City’s applicable
ordinances and resolutions with respect to approval of amendments to Title 25 of the
Palm Desert Municipal Code (“Zoning Ordinance”); and
WHEREAS, the proposed Project would not create any nonconforming uses or
structures and makes the Municipal Code and General Plan consistent with existing
structures and uses; 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
environment under Section 15061(b)(3) General Rule of the CEQA Guidelines 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 15th day of July 2025, hold a duly noticed public hearing to consider the request
for approval of the above-noted Project request and adopted Planning Commission
Resolution 2885 recommending the City Council approve said Project; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th
day of August 2025, hold a duly noticed public hearing to consider the request by the
Applicant for approval of the above-noted Project request; and
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Ordinance No. 1435 Page 2
WHEREAS, at the said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, the City Council did
find the following facts and reasons, which are outlined in the staff report, exist to justify
approval of said request:
NOW, THEREFORE, 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 City Council makes 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 provided General Plan Amendment clarifies that single family residential units are
allowed within the City Center/Downtown designation, which is consistent with the Palm
Desert Municipal Code and with existing single family residential units constructed and
used within the area. The removal of a minimum density allows additional opportunities
for development of sites within the area to increase the amount of housing units. The
General Plan Amendment does not introduce significant change but instead clarifies
original intention and existing uses for the City Center/Downtown.
SECTION 3. CEQA Determination. The City Council finds that the Project is this is
not a “project,” as defined in the California Environmental Quality Act (CEQA) because it
does not have a potential for resulting in either a direct physical change in the environment
or a reasonably foreseeable indirect physical change in the environment and concerns
general policy and procedures.
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.
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Ordinance No. 1435 Page 3
ADOPTED ON ____________.
_________________________
JAN C. HARNIK
MAYOR
ATTEST:
___________________________
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby
certify that Ordinance No. 1435 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Desert City Council on August 28, 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
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 11, 2025
PREPARED BY: Anthony J. Mejia, City Clerk
SUBJECT: APPOINTMENT TO THE JOSLYN CENTER BOARD OF DIRECTORS
LIAISON
RECOMMENDATION:
Appoint Mayor Pro Tem Trubee as the City Council liaison to Joslyn Center Board of Directors,
effective immediately.
BACKGROUND/ANALYSIS:
Each year, the incoming Mayor and Mayor Pro Tem coordinate to assign Councilmembers to
serve on regional boards, committees, and internal subcommittees. At a recent Mayor/Mayor
Pro Tem Meeting, Mayor Harnik and Mayor Pro Tem Trubee have requested that Mayor Pro
Tem Trubee assume the role of Liaison to the Joslyn Center Board of Directors. Currently, the
Liaison is Mayor Harnik. This change will allow Mayor Pro Tem Trubee to represent the City in
both this capacity and on the Cove Communities Services Commission, which receives regular
reports from the Joslyn Center.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
There is no financial impact associated with this action.
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 11, 2025
PREPARED BY: Neal Ennis, Project Manager
SUBJECT: AWARD A CONSTRUCTION CONTRACT TO CROSSTOW N
ELECTRICAL & DATA, INC., FOR THE LOCAL HIGHWAY SAFETY
IMPROVEMENT PROGRAM 2025 PROJECT (CTS00005) – CEQA
DETERMINATION
RECOMMENDATION:
1. Make a finding that the project is categorically exempt from further review under the California
Environmental Quality Act (CEQA) Guidelines, pursuant to Class 1, Section 15301 (Existing
Facilities), and authorize the City Engineer to submit a determination of Categorical
Exemption
2. Award a construction contract to Crosstown Electrical & Data, Inc., of Irwindale, California,
for the Local Highway Safety Improvement Program 2025 Project in the amount of
$719,987.00, plus a $71,998.70 contingency for unforeseen expenses.
3. Authorize the City Attorney to make necessary non -monetary changes to the agreement.
4. Authorize the City Manager to execute the agreement, amendments, change orders up to
the contingency amount, and any other documents necessary to effectuate the actions taken
herewith.
5. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to
file the NOC upon satisfactory completion of the Project.
BACKGROUND/ANALYSIS:
In 2020, the California Department of Transportation (Caltrans) issued a call for projects under
Cycle 10 of the Highway Safety Improvement Program (HSIP), a federally funded program that
provides competitive grant funding to local agencies for infrastructure improvements aimed at
reducing the number and severity of traffic collisions.
In September 2020, staff submitted two HSIP applications: one for the Local Highway Safety
Improvement Program 2025 Project and another for crosswalk improvements. In March 2021,
the City of Palm Desert (City) was awarded $1,912,600 in HSIP funding, with no local match
required, to complete both projects.
The Local Highway Safety Improvement Program 2025 P roject will upgrade the City’s traffic
signal system by installing retroreflective backplates on 1,663 traffic signal heads and replacing
pedestrian signal heads with countdown modules at 35 intersections. These improvements are
intended to enhance intersection visibility, reduce the risk of collisions, and improve pedestrian
safety.
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Award Contract for HSIP Backplates for Roadway Safety Improvement Project (CTS00005)
Page 2 of 3
In June 2021, Caltrans approved $325,000 for the Preliminary Engineering phase. In April 2022,
the City Council awarded a design contract to TJKM Transportation Consultants for $181,296.79
Design was completed in January 2024, and construction authorization was approved in June
2025.
Request for Bids:
The Project was advertised through the City’s bid portal, OpenGov (Project ID: 2025 -IFB-198),
and six bids were received electronically on August 15, 2025.
Contractor Location Base Bid
Bid
Alternate Subtotal
Crosstown Electrical &
Data, Inc. Irwindale, CA $700,847.00 $19,140.00 $719,987.00
The Engineer’s Estimate for the Project was $1,312,050. The Project was bid with an Additive
Bid Item to remove and replace countdown pedestrian head modules. Crosstown Electrical &
Data, Inc., submitted the lowest bid in the amount of $700,847, plus a bid alternate of $19,140,
for a total of $719,987, which falls within the Project budget.
Staff reviewed the bid documents and determined that the bid submitted by Crosstown Electrical
& Data, Inc. is responsive, responsible, and in compliance with all specifications, including
required forms. Based on this review, staff recommends awarding the construction contract to
Crosstown Electrical & Data, Inc.
Environment Review:
Staff recommends that the City Council determine the project is categorically exempt from
CEQA, pursuant to Class 1, Section 15301 (Existing Facilities) under the CEQA Guidelines, as
the project involves improvements to, and the reconstruction or rehabilitation of, existing facilities
other than buildings.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
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FINANCIAL IMPACT:
Budget for this project’s construction is included in the approved FY 2025-26 Financial Plan and
Five-Year Capital Improvement Project (CIP) list, utilizing Measure A funds from account
2134317-5000908. This action will have no fiscal impact on the General Fund. Upon completion
of the project, staff will submit for reimbursement from Caltrans.
Authorized Budgets
Date
Authorized
Measure A
Fund 213
Total Authorized Budget to Date 1,824,494.64
Authorized Expenditures
Date
Authorized
Measure A
Fund 2132
Total Authorized Expenditures to Date 182,553.64
Construction: Crosstown Electrical & Data, Inc.* 719,987.00
Contingency 10%* 71,998.70
Remaining Project Budget Available 849,955.30
*This request
Any remaining project funds available upon completion of the project will be reallocated to other
eligible Measure A projects.
ATTACHMENTS:
1. Construction Contract
2. Contractor Bid
3. Payment and Performance Bonds
4. CEQA Notice of Exemption
5. Vicinity Map
6. Allocation Letter
7. Finance Letter
8. Infographic
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CITY OF PALM DESERT
CONTRACT FOR CONSTRUCTION
This Agreement is made and entered into this 11th day of September, 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 Crosstown Electrical & Data, Inc., a Corporation, with its principal place of
business at 5454 Diaz Street, Irwindale, CA 91706 ("Contractor").
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these
presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide
all labor, materials, equipment, tools, utility services, and transportation to complete
all of the Work required in strict compliance with the Contract Documents as specified
in Article 5, below, for the following Project:
Local Highway Safety Improvement Program 2025
Traffic Signal Improvements
Project No. CTS00005/ HSIPSL-5414 (018)
(hereinafter referred to as “the Project”).
The work consists of 97 intersections, removal and replacement of existing backplates
with new yellow retroreflective bordered backplates, removal and replacement of
existing signal heads with new signal heads with yellow retroreflective yellow borders,
removal and replacement of existing pedestrian head modules with new pedestrian
countdown modules, and necessary traffic control to safely perform the work as
shown.
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 120 Calendar Days from the
commencement date stated in the Notice to Proceed. By its signature hereunder,
Contractor agrees the time for completion set forth above is adequate and reasonable
to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract,
subject to any additions or deductions as provided in the Contract Documents, and
including all applicable taxes and costs, the sum of Seven Hundred Nineteen
Thousand Nine Hundred Eighty-Seven Dollars and 00/100 ($719,987.00).
Payment shall be made as set forth in the General Conditions. The City will pay to
Contractor compensation based upon the prices set forth in the Bid Schedule.
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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, Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as
fixed and liquidated damages the sum of One Thousand Dollars ($1,000) per day for each and
every calendar day of delay beyond the Contract Time or beyond any completion schedule,
construction schedule, or Project milestones established pursuant to the Contract.
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.
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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.
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
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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.
2. Contractor shall immediately defend, at Contractor’s own cost, expense and risk,
with the counsel of the City choosing, any and all such aforesaid suits, actions or
other legal proceedings of every kind that may be brought or instituted against the
City, its officials, officers, agents, employees and representatives. Contractor shall
pay and satisfy any judgment, award or decree that may be rendered against the
City, its officials, officers, employees, agents, employees, and representatives, in
any such suit, action or other legal proceeding. Contractor shall reimburse the City,
its officials, officers, agents, employees, and representatives for any and all legal
expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity herein provided. The only limitations on this provision shall
be those imposed by Civil Code section 2782.
3. The provisions of this Article shall survive the termination of this Contract
howsoever caused, and no payment, partial payment, or acceptance of occupancy
in whole or part of the Work shall waive or release any of the provisions of this
Article.
B. Insurance
1. Without limiting Contractor’s indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide, and maintain at its own expense during
the term of this Contract, policies of insurance of the type and amounts described
below and in a form that is satisfactory to City.
2. General Liability Insurance. Contractor shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office
form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000
general aggregate, for bodily injury, personal injury, and property damage, and a
$4,000,000 completed operations aggregate. The policy must include contractual
liability that has not been amended. Any endorsement restricting standard ISO
“insured contract” language will not be accepted.
3. Automobile Liability Insurance. Contractor shall maintain automobile insurance
at least as broad as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Contractor arising out of or in
connection with Work to be performed under this Contract, including coverage for
any owned, hired, non-owned or rented vehicles, in an amount not less than
$1,000,000 combined single limit for each accident.
4. Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella
or excess liability insurance in meeting insurance requirements. In such
circumstances, Contractor may obtain and maintain an umbrella or excess liability
insurance policy with limits that will provide bodily injury, personal injury, and
property damage liability coverage at least as broad as the primary coverages set
forth above, including commercial general liability, automotive liability and
employer’s liability. Such policy or policies shall include the following terms and
conditions:
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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;
(a) Pay on behalf of wording as opposed to reimbursement; and
(b) Concurrency of effective dates with primary policies; and
(c) Policies shall “follow form” to the underlying primary policies; and
(d) Insureds under primary policies shall also be insureds under the umbrella
or excess policies.
5. Workers’ Compensation Insurance. Contractor shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance
(with limits of at least $1,000,000) for Contractor’s employees in accordance with
the laws of the State of California, Section 3700 of the Labor Code. In addition,
Contractor shall require each subcontractor to similarly maintain Workers’
Compensation Insurance and Employer’s Liability Insurance in accordance with
the laws of the State of California, Section 3700 for all of the subcontractor’s
employees. Contractor shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of the City, its officers, agents,
employees, and volunteers.
6. Fidelity Coverage. RESERVED.
7. Pollution Liability Insurance. RESERVED
C. Other Provisions or Requirements
1. Proof of Insurance. Contractor shall provide certificates of insurance to City as
evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers’ compensation. Insurance certificates and
endorsements must be approved by City’s Risk Manager prior to commencement
of performance. Current certification of insurance shall be kept on file with City at
all times during the term of this contract. City reserves the right to require complete,
certified copies of all required insurance policies, at any time.
2. Duration of Coverage. Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work hereunder
by Contractor, its agents, representatives, employees, or subcontractors.
Contractor must maintain general liability and umbrella or excess liability insurance
for as long as there is a statutory exposure to completed operations claims. The
City and its officers, officials, employees, and agents shall continue as additional
insureds under such policies.
3. Primary/Non-Contributing. Coverage provided by Contractor shall be primary and
any insurance or self-insurance procured or maintained by City shall not be
required to contribute with it. The limits of insurance required herein may be
satisfied by a combination of primary and umbrella or excess insurance. Any
umbrella or excess insurance shall contain or be endorsed to contain a provision
that such coverage shall also apply on a primary and non-contributory basis for the
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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
by the Contractor. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
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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.
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.
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Contract No. ___________
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BBK 72500.00001\32374943.1
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]
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Contract No. ___________
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BBK 72500.00001\32374943.1
SIGNATURE PAGE TO LONG FORM CONSTRUCTION AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND CROSSTOWN ELECTRAL & DATA, INC.
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed
on the day and year first above written.
CITY OF PALM DESERT
CROSSTOWN ELECTRICAL & DATA, INC.,
A CORPORATION
Contractor’s License Number and
if applicable
City Clerk QC: _____
Contracts QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
97
98
City of Palm Desert
CP - Capital Improvement Projects
Jess Culpeper, Director of Capital Projects
73-510 Fred Waring Drive, Palm Desert, CA 92260
[CROSSTOWN ELECTRICAL & DATA, INC.] RESPONSE DOCUMENT REPORT
IFB No. 2025-IFB-198
City of Palm Desert Local Highway Safety Improvement Program 2025
RESPONSE DEADLINE: August 15, 2025 at 3:00 pm
Report Generated: Thursday, August 21, 2025
Crosstown Electrical & Data, Inc. Response
CONTACT INFORMATION
Company:
Crosstown Electrical & Data, Inc.
Email:
dave@crosstowndata.com
Contact:
David Heermance
Address:
5454 Diaz St
Irwindale, CA 91706
Phone:
(626) 813-6693
Website:
N/A
Submission Date:
Aug 15, 2025 2:34 PM (Pacific Time)
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ADDENDA CONFIRMATION
Addendum #1
Confirmed Aug 12, 2025 12:48 PM by David Heermance
Addendum #2
Confirmed Aug 12, 2025 12:48 PM by David Heermance
Addendum #3
Confirmed Aug 12, 2025 12:48 PM by David Heermance
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 CTS0005 HSIPSL-5414 (018)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 90 calendar days after the date set for opening of
Bids, or until a Contract is executed by the City and a third party, whichever is earlier.
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.
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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.
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 wel l 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 to be included in
the related line items and no additional compensation shall be due to Contractor for the performance of the Work. All blank s paces
appearing in the Electronic Bid Schedule must be filled in. Failure to fill in any blank spaces may render the bid non-responsive.
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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.
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.
E-Bid Bond via Surety2000 (submitted electronically under E-Bid Bond)
4. E-Bid Bond
Please enter your Bid Bond information from Surety2000 below ONLY IF YOU ARE NOT SUBMITTING A HARD COPY BID BOND, CASH, OR
CASHIER'S CHECK.
Bond ID: SCA0812136038
Vendor ID: 19225
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Page 5
5. Enter Surety Company "Name" who Issued Bid Guarantee *
This information will be verified against the California Department of Insurance Website.
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Click to Verify Value will be copied to clipboard
6. DESIGNATION OF SUBCONTRACTORS*
Please download the below documents, complete, and upload.
• DESIGNATION_OF_SUBCONTRACTO...
Designation_of_Subcontractors.pdf
7. BIDDER INFORMATION AND EXPERIENCE FORM*
Please download the below documents, complete, and upload.
• BIDDER_INFORMATION_AND_EXPE...
Bidder_Information_&_Experience_Form.pdf
8. NON-COLLUSION DECLARATION*
The undersigned declares:
I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or
corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder
to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone
else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by 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 relati ve
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Page 6
thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent there of to
effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liabil ity company,
limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this
declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Confirmed
9. IRAN CONTRACTING ACT CERTIFICATION*
(Public Contract Code section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option
selected below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et
seq.) is true and correct:
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorn ey
General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the C ontract
and/or ineligibility to bid on contracts for three years.
The Contractor is not identified on the current list of person and entities engaged in investment activities in Iran prepared by the
California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or a financial
instruction that extends, for 45 calendar days or more, credit in the amount of $20,000,000 or more to any other person or en tity
identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of
General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or wi ll use the
credit to provide goods or services in the energy sector in Iran.
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Page 7
10. 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 ensure
that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-
responsive.
Confirmed
11. Enter your California Department of Industrial Relations (DIR) R egistration number*
Please enter your Public Works Contractor DIR Number. This will be verified against the state database.
1000000155
Click to Verify Value will be copied to clipboard
12. Enter your valid CA Contractors State License Board (CSLB) number*
Please enter your License Number here. This will be verified against the state database.
756309
Click to Verify Value will be copied to clipboard
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Page 8
13. 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
14. 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.
15. Fleet Compliance Documentation*
Please attach supporting documentation for the selection made in the above item.
DOORS_Certificate_Exp._02.28.2026.pdf
16. SAM.gov*
Please enter your legal entity name for SAM.gov verification.
JTH9KBQ9LLQ5
Click to Verify Value will be copied to clipboard
17. Type of Business*
C Corporation (if corporation, two signatures are required)
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18. Type your Legal Company Name Here*
State your Company's Name Here. This will be verified against the California Secretary of State's Website.
CROSSTOWN ELECTRICAL & DATA, INC.
Click to Verify Value will be copied to clipboard
19. How many years has Bidder’s organization been in business as a Contractor? *
26 YEARS
20. 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
Corporation (C-Corp, S,B, Stock etc.): Requires two signatures—both from authorized officers (e.g., President, Vice President,
Secretary, or Treasurer). If signing authority is not held by a President, Vice President, Treasurer, or Secretary, a Corporate Resolution
or Article of Authority is needed to verify the signer’s authorization.
LLC: Usually requires one signature from an authorized member or manager. For significant contracts (e.g., over $50,000 for
construction or over $25,000 for service agreeme nts), additional approvals or signatures may be required.
Sole Proprietorship, Non-Profit, Single LLC: Only the one signature is necessary.
1) DAVID P. HEERMANCE
PRESIDENT
5454 DIAZ ST., IRWINDALE, CA, 91706
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DAVE@CROSSTOWNDATA.COM
626-813-6693
2) ANDREA HEERMANCE
SECRETARY
5454 DIAZ ST., IRWINDALE, CA, 91706
AHEERMANCE@CROSSTOWNDATA.COM
626-813-6693
21. 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 d iscrimination based on race,
color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gend er, gender
identity, gender expression, sexual orientation, or membership in any other protected class.
For any purchase exceeding $10,000, vendors must certify compliance with the City’s nondiscrimination policy (G.C. 3.30.200) before
contract award. No contract will be awarded until the contractor submits this certification.
By clicking the confirmation box below, the vendor certifies that they have read the code and agree to comply with its requirements.
Failure to comply may result in termination of any agreement entered into with the vendor.
Confirmed
PRICE TABLES
BASE BID SCHEDULE
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Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Traffic Control 1 LS $25,000.00 $25,000.00
2 Mobilization 1 LS $10,000.00 $10,000.00
3 Remove and dispose of existing signal head assembly. Furnish and Install signal head
assembly with yellow retroreflective backplate in place. (3-section)
312 EA $932.00 $290,784.00
4 Remove and dispose of existing signal head assembly. Furnish and Install signal head
assembly with yellow retroreflective backplate in place. (4-section)
1 EA $1,095.00 $1,095.00
5 Remove and dispose of existing signal head assembly. Furnish and Install signal head
assembly with yellow retroreflective backplate in place. (5-section)
1 EA $1,459.00 $1,459.00
6 Remove and dispose of existing signal head backplate. Furnish and install yellow
retroreflective backplate in place. (3-section MAS)
514 EA $279.00 $143,406.00
7 Remove and dispose of existing signal head backplate. Furnish and install yellow
retroreflective backplate in place. (4-section MAS)
13 EA $324.00 $4,212.00
8 Remove and dispose of existing signal head backplate. Furnish and install yellow
retroreflective backplate in place. (3-section Standard)
817 EA $273.00 $223,041.00
9 Remove and dispose of existing signal head backplate. Furnish and install yellow
retroreflective backplate in place. (4-section Standard)
2 EA $346.00 $692.00
10 Remove and dispose of existing signal head backplate. Furnish and install yellow
retroreflective backplate in place. (5-section Standard)
3 EA $386.00 $1,158.00
TOTAL $700,847.00
BID ALTERNATE SCHEDULE
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Line Item Description Quantity Unit of
Measure
Unit Cost Total
11 Remove and dispose of existing pedestrian head module. Furnish and install
countdown pedestrian head module.
66 EA $290.00 $19,140.00
TOTAL $19,140.00
110
Contract No. ___________
Exhibit “C”
Revised 11-2-20
BBK 72500.00001\32374915.1
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded
to Crosstown Electrical & Data, Inc., (hereinafter referred to as the “Contractor”) an agreement
for Local Highway Safety Improvement Program 2025 (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 15, 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, Crosstown Electrical & Data, Inc., the undersigned Contractor
and _____________________________________________ as Surety, a corporation organized
and duly authorized to transact business under the laws of the State of California, are held and
firmly bound unto the City in the sum of Seven Hundred Nineteen Thousand Nine Hundred Eighty-
Seven Dollars and 00/100, ($719,987.00), said sum being not less than one hundred percent
(100%) of the total amount of the Contract, for which amount well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all
materials and workmanship; and shall indemnify and save harmless the City, its elected or
appointed officers, and their respective agents, officials, employees, volunteers and
representatives, as stipulated in said Contract Documents, then this obligation shall become null
and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship,
Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder
shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s
rights or the Contractor or Surety’s obligations under the Contract, law, or equity, including, but
not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or
shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the
Contract Documents; or
111
Contract No. ___________
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term
“balance of the contract price” as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California
and federal law and make available as work progresses sufficient funds to pay the
cost of completion of the Project, less the balance of the contract price, including
other costs and damages for which Surety may be liable. The term “balance of the
contract price” as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any
amount previously paid by the City to the Contractor and any other set offs
pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which
may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid
from Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City’s objection to Contractor’s further participation in the completion of the
Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract Documents or to the Project to be
performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the Contract
Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845
of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
112
Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20____.
(Corporate Seal)
Contractor/ Principal
By ____________________ ____
Printed name: _______________________
Title: ______________________________
(Corporate Seal) Surety
By: ________________________________
Printed Name: _______________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached.
The rate of premium on this bond is ____________ per thousand. The total amount of premium
charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to
do so must be attached hereto.
113
Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared ___________________________ , who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Office
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
ttorney-In-Fact
Trustee(s)
Guardian/Conservato Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
114
Contract No. ___________
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney
to local representatives of the bonding company must also be attached.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public,
personally appeared _____________________________ , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Office
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
ttorney-In-Fact
Trustee(s)
Guardian/Conservato Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
115
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 September 11, 2025, has awarded to Crosstown Electrical & Data, Inc.,
hereinafter designated as the “Principal,” a contract for the work described as follows:
Local Highway Safety Improvement Program 2025 (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 15, 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 Seven Hundred Nineteen Thousand
Nine Hundred Eighty-Seven Dollars and 00/100, ($719,987.00) lawful money of the United States
of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of
the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or
other supplies, used in, upon, for or about the performance of the work contracted to be done, or
for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance
Code with respect to work or labor performed under the contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department or Franchise
Tax Board from the wages of employees of the contractor and his subcontractors pursuant to
Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety
or Sureties will pay for the same, in an amount not exceeding the sum herein above specified,
and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such
suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation
expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the
Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon
this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
pertaining or relating to any scheme or work of improvement herein above described, or pertaining
or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or
modification of any terms of payment or extension of the time for any payment pertaining or
relating to any scheme or work of improvement herein above described, nor by any rescission or
116
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]
117
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.
118
Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On _________________, 20___, before me, _______________________________, Notary Public,
personally appeared _______________________________ , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Office
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
ttorney-In-Fact
Trustee(s)
Guardian/Conservato Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
119
Contract No. ___________
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney
to local representatives of the bonding company must also be attached.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On _________________, 20___, before me, _______________________________, Notary Public,
personally appeared _______________________________ , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Office
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
ttorney-In-Fact
Trustee(s)
Guardian/Conservato Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
120
Notice of Exemption FORM “B”
NOTICE OF EXEMPTION
TO:
Office of Planning and Research
P. O. Box 3044, Room 113
Sacramento, CA 95812-3044
FROM: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Clerk of the Board of Supervisors
or
County Clerk
County of: Riverside
2724 Gateway Dr, Riverside,
CA 92507
1. –
2.
3.–
site (preferably a USGS 15’ or 7 1/2’
4.– (b)–
5.
6.
7.
8.
(a)
(b)
(c)
(d)
–
121
Notice of Exemption FORM “B”
number:
Declared Emergency.(Pub. Res. Code § 21080(b)(3); State CEQA
Guidelines § 15269(a))
Statutory Exemption.
State Code section number:
(Public Resources Code (CEQA Statute) § 21080.35)
Other. Explanation:General Rule – Section 15061(b)(3)
Reason why project was exempt:This proposal is for the repair and maintenance of
existing public streets, sidewalks, gutters and similar
facilities.
Lead Agency Contact Person:Neal Ennis, Project Manager
Telephone: (760) 851-4976
If filed by applicant: Attach Preliminary Exemption Assessment (Form “A”) before filing.
Has a Notice of Exemption been filed by the public agency approving the project? Yes No
Was a public hearing held by the lead agency to consider the exemption? Yes No
If yes, the date of the public hearing was:
Signature:__________________________________ Date:_______________
Title: City Enigineer
Signed by Lead Agency Signed by Applicant
Date Received for Filing:
(Clerk Stamp Here)
Authority cited: Sections 21083 and 21100, Public Resources Code.
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.
122
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Palm Desert HSIP Application - Location Map
¯
Legend
City of Palm Desert Boundary
Project Intersections
!(Pedestrian Heads & Retroreflective Backplates
!(Retroreflective Backplate Only
Install Retroreflective Backplates and Replace Pedestrian Heads
123
124
125
126
127
128
Local Highway Safety Improvement Program 2025 Infographic
Current Signal Backplate and Pedestrian Module above.
Planned Retroreflective Backplate and Pedestrian Countdown Modules examples below.
129
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Page 1 of 3
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 11, 2025
PREPARED BY: Lucero Leyva, Senior Project Manager
SUBJECT: AWARD CONSTRUCTION CONTRACT TO GRANITE CONSTRUCTION
COMPANY FOR FIRE STATION 102 GERALD FORD DRIVE STREET
IMPROVEMENTS (PROJECT NO. CFA00010) – CEQA DETERMINATION
RECOMMENDATION:
1. Make a finding that the project is categorically exempt from further review under the California
Environmental Quality Act (CEQA) Guidelines, pursuant to Class 1, Section 15301 (Existing
Facilities), and authorize the City Engineer to submit a Notice of Exemption.
2. Award a construction contract, including Bid Alternative 1, to Granite Construction Company,
in the amount of $3,203,261 (Project CFA00010) for Fire Station 102 Gerald Ford Drive
Street Improvements Project.
3. Authorize the Director of Finance to set aside 10% contingency in the amount of $320,326.
4. Authorize the City Attorney to make necessary non -monetary changes to the agreement.
5. 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(B).
6. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to
file the NOC upon satisfactory completion of the Project.
BACKGROUND/ANALYSIS:
Summary of all the City Council Approvals for the New Fire Station 102 Project (CFA00010):
January 26, 2023: City Council awarded a contract to PBK Architects for the architectural
design services of the New Fire Station 102.
April 27, 2023: The City Council awarded a professional services agreement to
Engineering Resources of Southern California, Inc. (ERSC, Inc.) for the preparation of
engineering design plans and specifications for the street and traffic signal improvements
necessary to support the operation of the new fire station.
January 9, 2025: City Council awarded the construction contract for the New Fire Station
102 and Onsite Improvements to Caliba, Inc.
Staff is now seeking City Council approval to award the construction contract for the necessary
street and traffic signal improvements along Gerald Ford Drive, as designed by ERSC, Inc.
These improvements are essential for the operation of Fire Station 102 (currently under
construction), as well as supporting the ongoing development and growth occurring in the
surrounding area. The scope of work includes street widening, site grading, installation of curb
131
City of Palm Desert
Award Contract for the FS 102 Gerald Ford Street Improvements (CFA00010)
Page 2 of 3
and gutter, addition of Class II bike lanes, installation of a new traffic signal serving the fire
station, and the construction of landscaped median islands.
Request for Bids:
The project was advertised via the City’s bid portal, OpenGov, (Project ID 2025-IFB-179), and
five bids were received electronically on August 21, 2025:
Contractor Location Base Bid Bid Alt #1 Total
Granite Construction
Company Indio, CA $ 3,164,981.00 $ 38,280.00 $ 3,203,261.00
Riverside Construction
Company, Inc. Riverside, CA $ 3,201,367.00 $ 50,400.00 $ 3,251,767.00
Hillcrest Contracting, Inc.
Corona, CA $ 3,388,906.60 $ 40,800.00 $ 3,429,706.60
Universal Construction
and Engineering Palm Desert, CA $ 3,550,194.95 $ 56,196.00 $ 3,606,390.95
Caliba, Inc.
Anaheim, CA $ 6,230,078.93 $ - $ 6,230,078.93
The lowest bidder is determined by the base bid and Alternative #1. Bid Alternative #1 is to
adjust CVWD valves and manholes currently existing along Gerald Ford Drive. Granite
Construction Company submitted a base bid of $3,164,981 and a Bid Alternative #1 in the
amount of $38,280. Staff and the city’s on-call construction management vendor, Accenture,
have reviewed the bid documents and determined that the bid submitted by Granite Construction
Company is responsive, responsible, and in compliance with all plans, specifications, and
required forms.
Staff recommends awarding the construction contract to Granite Construction Company, in the
amount of $3,203,261, which includes Bid Alternative #1.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
Environmental Review:
Staff recommends that the City Council find that the project is categorically exempt from CEQA,
pursuant to Class 1, Section 15301 (Existing Facilities) under the CEQA Guidelines, as the
project involves the repair and maintenance of existing streets, sidewalks, gutters, and similar
facilities.
132
City of Palm Desert
Award Contract for the FS 102 Gerald Ford Street Improvements (CFA00010)
Page 3 of 3
FINANCIAL IMPACT:
Funding for this project is provided in the approved FY 2025 -26 Financial Plan and Capital
Improvement Project (CIP) list, utilizing Prop. A Fire Tax and Measure G Funds (2304220-
4400200) and Fire Facility Funds (2354270-4400200). This action will have no additional fiscal
impact on the General Fund.
The remaining project budget will be reallocated to other fire -related capital projects and/or
operational costs.
Authorized Budgets
Date
Authorized Total
Fire Tax &
Meas. G
Fund 230
Fire Facilities
Fund 235
FY 2022-23 CIP Budget 7/1/2022 1,223,471.00 - 1,223,471.00
FY 2023-24 CIP Budget 7/1/2023 3,391,500.00 2,745,900.00 645,600.00
FY 2024-25 CIP Budget 7/1/2024 16,000,000.00 16,000,000.00 -
FY 2025-26 CIP Budget 7/1/2025 4,500,000.00 4,500,000.00 -
Total Authorized Budget to Date 25,114,971.00 23,245,900.00 1,869,071.00
Authorized Expenditures
Date
Authorized Total
Fire Tax &
Meas. G
Fund 230
Fire Facilities
Fund 235
Architectual & Engineering Design Svcs:
NV5, Inc. (A44450)11/4/2022 24,458.75 - 24,458.75
PBK Architects (C44730)1/26/2023 654,400.00 - 654,400.00
HR Green 2/9/2023 3,800.00 - 3,800.00
Anser Advisory (C44730)2/16/2023 1,339,207.50 1,260,270.00 78,937.50
ERSC (C45120A)4/27/2023 274,254.10 - 274,254.10
TKE Engineering (C47460)2/13/2024 36,690.00 - 36,690.00
Various Permits & Utility Fees -174,021.71 - 174,021.71
Equipment/Apparatus & DMV Fee 4/23/2024 315,163.58 - 315,163.58
Groundbreaking Event 4/1/2025 8,487.48 - 8,487.48
Fire Station Construction: Caliba, Inc.5/19/2025 16,322,686.00 16,322,686.00 -
Total Authorized Expenditures to Date 19,153,169.12 17,582,956.00 1,570,213.12
Traffic/Street Improvements:
Granite Construction Company*3,203,261.00 2,904,403.12 298,857.88
Contingency 10%*320,326.00 320,326.00 -
Remaining Project Budget Available 2,438,214.88 2,438,214.88 (0.00)
*This request
ATTACHMENTS:
1. Granite Bid Response Package
2. Granite Agreement
3. Granite Performance and Payment Bonds
4. Notice of Exemption – CEQA
5. FS102 Vicinity Map
133
134
City of Palm Desert
CP - Capital Improvement Projects
Jess Culpeper, Director of Capital Projects
73-510 Fred Waring Drive, Palm Desert, CA 92260
[GRANITE CONSTRUCTION COMPANY] RESPONSE DOCUMENT REPORT
NIB No. 2025-IFB-179
FS 102 - Gerald Ford Drive Street Improvements
RESPONSE DEADLINE: August 21, 2025 at 3:00 pm
Report Generated: Thursday, August 21, 2025
Granite Construction Company Response
CONTACT INFORMATION
Company:
Granite Construction Company
Email:
dcr.estimating@gcinc.com
Contact:
Joe Richardson
Address:
38000 Monroe Street
Indio, CA 92203
Phone:
(760) 578-3138
Website:
www.graniteconstruction.com
Submission Date:
Aug 21, 2025 2:55 PM (Pacific Time)
135
[GRANITE CONSTRUCTION COMPANY] RESPONSE DOCUMENT REPORT
NIB No. 2025-IFB-179
FS 102 - Gerald Ford Drive Street Improvements
[GRANITE CONSTRUCTION COMPANY] RESPONSE DOCUMENT REPORT
PUBLIC WORKS - FS 102 - Gerald Ford Drive Street Improvements
Page 2
ADDENDA CONFIRMATION
Addendum #1
Confirmed Apr 23, 2025 11:10 PM by Joe Richardson
Addendum #2
Confirmed May 8, 2025 1:13 AM by Joe Richardson
Addendum #3
Confirmed Jul 18, 2025 11:22 PM by Joe Richardson
Addendum #4
Confirmed Jul 18, 2025 11:22 PM by Joe Richardson
Addendum #5
Confirmed Jul 18, 2025 11:22 PM by Joe Richardson
Addendum #6
Confirmed Aug 5, 2025 12:16 AM by Joe Richardson
Addendum #7
Confirmed Aug 14, 2025 3:38 AM by Joe Richardson
Addendum #8
Confirmed Aug 21, 2025 2:40 AM by Joe Richardson
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.
136
[GRANITE CONSTRUCTION COMPANY] RESPONSE DOCUMENT REPORT
NIB No. 2025-IFB-179
FS 102 - Gerald Ford Drive Street Improvements
[GRANITE CONSTRUCTION COMPANY] RESPONSE DOCUMENT REPORT
PUBLIC WORKS - FS 102 - Gerald Ford Drive Street Improvements
Page 3
1. In response to the Contract Documents for project number 2025-IFB-179 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 90 calendar days after the date set for opening of
Bids, or until a Contract is executed by the City and a third party, whichever is earlier.
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 of
Notice of Award, a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and
Endorsements.
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 wel l 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
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2. BID SCHEDULE*
IMPORTANT:
THE ELECTRONIC #BID SCHEDULE MUST BE COMPLETED BY EACH BIDDER AND PROPERLY SUBMITTED ON OPENGOV PROCUREMENT.
FAILURE TO COMPLETE THE BID SCHEDULE WILL RESULT IN AN INCOMPLETE AND NON -RESPONSIVE BID.
THE ELECTRONIC BID SCHEDULE WILL BE INCORPORATED INTO THE CONTRACT DOCUMENTS.
The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in
the related line items and no additional compensation shall be due to Contractor for the performance of the Work. All blank s paces
appearing in the Electronic Bid Schedule must be filled in. Failure to fill in any blank spaces may render the bid non-responsive.
The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation 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.
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.
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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.
Travelers Casualty and Surety Company of America
Click to Verify Value will be copied to clipboard
6. DESIGNATION OF SUBCONTRACTORS*
Please download the below documents, complete, and upload.
• DESIGNATION_OF_SUBCONTRACTO...
DESIGNATION_OF_SUBCONTRACTORS.pdf
7. BIDDER INFORMATION AND EXPERIENCE FORM*
Please download the below documents, complete, and upload.
• BIDDER_INFORMATION_AND_EXPE...
BIDDER_INFORMATION_AND_EXPERIENCE_FORM.pdf
8. NON-COLLUSION DECLARATION*
The undersigned declares:
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I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organizat ion, or
corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder
to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone
else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by ag reement,
communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost
element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, d irectly or
indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent there of to
effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liabil ity company,
limited liability partnership, or any other entity, hereby represents that he or she has fu ll power to execute, and does execute, this
declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Confirmed
9. IRAN CONTRACTING ACT CERTIFICATION*
(Public Contract Code section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option
selected below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et
seq.) is true and correct:
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the Califor nia Attorney
General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract
and/or ineligibility to bid on contracts for three years.
The Contractor is not identified on the current list of person and entities engaged in investment activities in Iran prepared by the
California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or a finan cial
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instruction that extends, for 45 calendar days or more, credit in the amount of $20,000,000 or more to any other person or entity
identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of
General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the
credit to provide goods or services in the energy sector in Iran.
10. 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 registra tion 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
11. 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.
1000000085
Click to Verify Value will be copied to clipboard
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12. Enter your valid CA Contractors State License Board (CSLB) number*
Please enter your License Number here. This will be verified against the state database.
89
Click to Verify Value will be copied to clipboard
13. 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
14. Fleet Compliance Certification*
I hereby acknowledge that I have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the
requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulatio n”). I
hereby certify, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their
subcontractor(s) (“Fleet”) is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have be en
attached hereto.
15. Fleet Compliance Documentation*
Please attach supporting documentation for the selection made in the above item.
Granite_Construction_Company.pdf
Marina_Landscape.pdf
Pavement_Recycling_Systems.pdf
CMB_Structures.pdf
Cat_Tracking_Inc.pdf
EBS_Utilities_Adjusting.pdf
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Elecnor_Belco_Electric.pdf
16. Type of Business*
C Corporation (if corporation, two signatures are required)
17. Type your Legal Company Name Here*
State your Company's Name Here. This will be verified against the California Secretary of State's Websit e.
Granite Construction Company
Click to Verify Value will be copied to clipboard
18. How many years has Bidder’s organization been in business as a Contractor? *
103
19. List the Signatory(s) Authorized to Sign and Bind an Agreement.*
(If two (2) signatures are required, include the following information for both signatories)
1. Full Name
2. Title
3. Physical Business Address
4. Email Address
5. Phone Number
Bill Moore
VP Desert Cities Region
38000 Monroe Street, Indio, CA 92203
bill.moore@gcinc.com
(760) 775-7500
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Joseph P. Richardson
Regional Chief Estimator
38000 Monroe Street, Indio, CA 92203
joe.richardson@gcinc.com
(760) 578-3138
20. Nondiscrimination Certification*
The City of Palm Desert is committed to promoting equal opportunity in its contracting activities. We ensure that all individuals
seeking to do business with the city treat contractors, subcontractors, and employees fairly, without discrimination based on race,
color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, 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.
By clicking the confirmation box below, the vendor certifies that they have read the code and agree t o comply with its requirements.
Failure to comply may result in termination of any agreement entered into with the vendor.
Confirmed
PRICE TABLES
SITE PREPARATION
Line Item Description Unit of
Measure
Quantity Unit Cost Total
1 Mobilization LS 1 $300,000.00 $300,000.00
2 Traffic Control LS 1 $127,000.00 $127,000.00
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Line Item Description Unit of
Measure
Quantity Unit Cost Total
3 Storm Water Pollution LS 1 $63,000.00 $63,000.00
4 Clear and Grubbing and Misc Removals LS 1 $120,000.00 $120,000.00
5 Sawcut and Remove AC Pavement and Base Material (Assumes 6" AC/10" CAB) CY 355 $145.00 $51,475.00
6 Remove Existing PCC Raised Median LF 44 $34.00 $1,496.00
8.0 Construct 4" AC Pavement over 10" Class II Crushed Aggregate Base Material and
24" at 95% Compacted Native Subgrade per City of Palm Desert Standards and
Specifications
N/A 0 $0.00
8.1 4" AC Pavement (Detail in Specs) SF 5,330 $8.50 $45,305.00
9 Install 18" RCP LF 20 $800.00 $16,000.00
10 Construct 8" Curb and Gutter per City of Palm Desert STD.DWG.403 LF 4,320 $59.50 $257,040.00
11 Construct 8' Wide/4" Sidewalk per City of Palm Desert STD.DWG.104 SF 1,435 $20.00 $28,700.00
12 Construct 8" PCC Driveway with Adjacent Sidewalk per Modified City of Palm
Desert STD.DWG.303
SF 1,820 $31.00 $56,420.00
13 Construct Median per City of Palm Desert STD.DWG.600 with 6" curb per City of
Palm Desert STD 400
LF 3,320 $46.50 $154,380.00
14 Install 6" Fire Hydrant per CVWD Drawing No. W-34A EA 1 $23,000.00 $23,000.00
15 Construct Curb Opening Catch Basin per SPPWC STD 300-4 EA 2 $14,500.00 $29,000.00
16 Construct Case B Local Depression per Local Depression Per City of Palm Desert
STD.DWG.504
EA 2 $2,800.00 $5,600.00
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Line Item Description Unit of
Measure
Quantity Unit Cost Total
17 Install Detectable Warning (Truncated Domes) per CBC 2022, Chapter 11B-705 EA 4 $520.00 $2,080.00
19 Grind And Overlay Existing AC Pavement 2" Min per Detail "A" or "B" on Sheet 15 SF 4,760 $4.00 $19,040.00
22 Install 1-4" Gray and 2-4" White Sleeve Conduit SCH 40 24" min. below grade LF 140 $90.00 $12,600.00
23 Trench detail per City of Palm Desert ST 803 and 1012 SF 650 $7.00 $4,550.00
24 Install 1-1/2 inch water service connection per CVWD Drawing No. W -9 EA 1 $12,500.00 $12,500.00
25 Install 1 Inch Irrigation Water Service Connection per CVWD Drawing No. W -7 EA 1 $10,500.00 $10,500.00
26 Install 6 inch VCP Sewer Lateral per CVWD Drawing No. S-9a LF 82 $400.00 $32,800.00
27 Install 6 inch Dip Fire Service EA 1 $43,000.00 $43,000.00
28 Install Cleanout per CVWD Drawing No. S-6 EA 1 $4,250.00 $4,250.00
29 Trench Detail per CVWD Drawing No. W-3 SF 400 $12.00 $4,800.00
30 Install Water Valve per CVWD Drawing No. W-17 and W-18 EA 1 $3,000.00 $3,000.00
31 Pulverize 16”’ of Existing Road Section (three step Process)-Pulverize, Remove
Excess, Grade and Compact to 95% to a Depth of 10” per Detail “E” on sheet 15
/Includes Placement of Pulverized Base at All Location of AC Pavement)
SF 110,000 $1.00 $110,000.00
32 Install 1-4" Gray and 2-4" White Sleeve Conduit SCH 40 per Landscape Plans LF 230 $90.00 $20,700.00
33 Place 6” AC over Pulverized Base SF 175,000 $3.75 $656,250.00
34 Overlay 2” Min. of AC Pavement per Detail “A” or “B” on sheet 15 SF 9,540 $4.00 $38,160.00
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Line Item Description Unit of
Measure
Quantity Unit Cost Total
35 Remove Exist. Natural Grade to Bottom of 16” AC/Base Section per Detail “D” on
Sheet 15
CY 3,415 $52.00 $177,580.00
36 Install Gas Lateral Service – Size per City Direction LF 115 $245.00 $28,175.00
37 Traffic Signal Improvement ***Specialty Item*** LS 1 $205,000.00 $205,000.00
38 Signing and Striping Improvements LS 1 $61,500.00 $61,500.00
39 Communication Improvements LS 1 $167,459.00 $167,459.00
TOTAL $2,892,360.00
BID ALTERNATE #1
Line Item Description Unit of
Measure
Quantity Unit Cost Total
18 Adjusted Water Valve to Finish Grade EA 24 $1,595.00 $38,280.00
TOTAL $38,280.00
LANDSCAPE PLANS
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Landscape Grading 1 LS $8,000.00 $8,000.00
2 Install Landscape Irrigation and Electrical System 1 LS $90,000.00 $90,000.00
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Line Item Description Quantity Unit of
Measure
Unit Cost Total
3 DESERT WILLOW ‘BUBBA’ 24" BOX 16 EA $330.00 $5,280.00
4 BLUE HESPER PALM 24" BOX 6 EA $430.00 $2,580.00
5 DESERT IRONWOOD 24" BOX 13 EA $345.00 $4,485.00
6 PARRY’S AGAVE 5 GAL 134 EA $38.00 $5,092.00
7 PROSTRATE ACACIA 1 GAL 48 EA $9.00 $432.00
8 BAJA FAIRY DUSTER 5 GAL 74 EA $23.00 $1,702.00
9 LITTLE LEAF CORDIA 5 GAL 22 EA $29.00 $638.00
10 BLACK DALEA 1 GAL 76 EA $12.00 $912.00
11 DESERT SPOON 5 GAL 53 EA $26.00 $1,378.00
12 SANDIA GLOW RED YUCCA 2 GAL 160 EA $31.00 $4,960.00
13 CIMARRON TEXAS RANGER 5 GAL 98 EA $25.00 $2,450.00
14 INSTALL 'COPPER CANYON' BOULDERS SIZE PER SYMBOL, AVAILABLE FROM
SOUTHWEST BOULDER & STONE, (800)540-1147, SMALL 2'-3'
65 EA $170.00 $11,050.00
15 INSTALL 'COPPER CANYON' BOULDERS SIZE PER SYMBOL, AVAILABLE FROM
SOUTHWEST BOULDER & STONE, (800)540-1147, LARGE 4'-5'
66 EA $450.00 $29,700.00
16 4"-8" 'COPPER CANYON' COBBLE, AVAILABLE FROM SOUTHWEST BOULDER &
STONE, (800)540-1147
2,735 SF $5.50 $15,042.50
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Line Item Description Quantity Unit of
Measure
Unit Cost Total
17 4"-8" 'COPPER CANYON' GROUTED COBBLE, AVAILABLE FROM SOUTHWEST
BOULDER & STONE, (800)540-1147
2,155 SF $14.00 $30,170.00
18 ALL PLANTER AREAS TO RECEIVE A 3" MINIMUM DEPTH LAYER OF DECOMPOSED
GRANITE COLOR SHALL BE: DESERT GOLD
35,535 SF $1.40 $49,749.00
19 MAINTENANCE AND PLANT ESTABLISHMENT 1 LS $9,000.50 $9,000.50
TOTAL $272,621.00
149
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CITY OF PALM DESERT
CONTRACT FOR CONSTRUCTION
This Agreement is made and entered into this 11th day of September, 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 Granite Construction Company, a Corporation, with its principal place of
business at 38000 Monroe Street, Indio, CA 92203 ("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:
FS 102 Gerald Ford Drive Street Improvements Project
Project No. CFA00010
(hereinafter referred to as “the Project”).
The scope consists of street improvements that include: sawcut and removal of asphalt, removal
of median, installation of curb for median, construction of curb and gutter, sidewalk, catch basin,
installation of fire hydrants, water service connections, sewer line, traffic signal improvements,
signing and striping improvements, communication improvements, installation of landscape and
landscape irrigation
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 120 working days from the
commencement date stated in the full Notice to Proceed. By its signature
hereunder, Contractor agrees the time for completion set forth above is adequate and
reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract,
subject to any additions or deductions as provided in the Contract Documents, and
including all applicable taxes and costs, the sum of THREE MILLION, TWO
HUNDRED THREE THOUSAND, TWO HUNDRED SIXTY-ONE DOLLARS AND
00/100 ($3,203,261.00). Payment shall be made as set forth in the General Conditions.
The City will pay to Contractor compensation based upon the prices set forth in the
Bid Schedule.
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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, Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as
fixed and liquidated damages the sum of One Thousand Dollars ($1,000.00) per day for each
and every calendar day of delay beyond the Contract Time or beyond any completion schedule,
construction schedule, or Project milestones established pursuant to the Contract.
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,
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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.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be
deemed to be included in these Contract Documents. The Contractor shall comply with all
requirements of applicable federal, state, and local laws, rules, and regulations, including, but not
limited to, the provisions of the California Labor Code and California Public Contract Code which
are applicable to this Work.
ARTICLE 7. INDEMNIFICATION AND INSURANCE.
A. Indemnification
1. To the fullest extent permitted by law, Contractor shall immediately defend (with
counsel of the City’s choosing), indemnify, and hold harmless the City, its officials,
officers, agents, employees, and representatives, and each of them from and
against:
(a) Any and all claims, demands, causes of action, costs, expenses, injuries,
losses or liabilities, in law or in equity, of every kind or nature whatsoever, but
not limited to, injury to or death, including wrongful death, of any person, and
damages to or destruction of property of any person, arising out of, related to,
or in any manner directly or indirectly connected with the Work or this Contract,
including claims made by subcontractors for nonpayment, including without
limitation the payment of all consequential damages and attorney’s fees and
other related costs and expenses, however caused, regardless of whether the
allegations are false, fraudulent, or groundless, and regardless of any
negligence of the City or its officers, employees, or authorized volunteers
(including passive negligence), except the sole negligence or willful
misconduct or active negligence of the City or its officials, officers, employees,
or authorized volunteers;
(b) Contractor’s defense and indemnity obligation herein includes, but is not
limited to damages, fines, penalties, attorney’s fees and costs arising from
claims under the Americans with Disabilities Act (ADA) or other federal or state
disability access or discrimination laws arising from Contractor’s Work during
the course of construction of the improvements or after the Work is complete,
as the result of defects or negligence in Contractor’s construction of the
improvements;
(c) Any and all actions, proceedings, damages, costs, expenses, fines, penalties
or liabilities, in law or equity, of every kind or nature whatsoever, arising out of,
resulting from, or on account of the violation of any governmental law or
regulation, compliance with which is the responsibility of Contractor;
(d) Any and all losses, expenses, damages (including damages to the Work itself),
attorney’s fees, and other costs, including all costs of defense which any of
them may incur with respect to the failure, neglect, or refusal of Contractor to
faithfully perform the Work and all of Contractor’s obligations under Contract.
Such costs, expenses, and damages shall include all costs, including
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attorney’s fees, incurred by the indemnified parties in any lawsuit to which they
are a party.
2. Contractor shall immediately defend, at Contractor’s own cost, expense and risk,
with the counsel of the City choosing, any and all such aforesaid suits, actions or
other legal proceedings of every kind that may be brought or instituted against the
City, its officials, officers, agents, employees and representatives. Contractor shall
pay and satisfy any judgment, award or decree that may be rendered against the
City, its officials, officers, employees, agents, employees, and representatives, in
any such suit, action or other legal proceeding. Contractor shall reimburse the City,
its officials, officers, agents, employees, and representatives for any and all legal
expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity herein provided. The only limitations on this provision shall
be those imposed by Civil Code section 2782.
3. The provisions of this Article shall survive the termination of this Contract
howsoever caused, and no payment, partial payment, or acceptance of occupancy
in whole or part of the Work shall waive or release any of the provisions of this
Article.
B. Insurance
1. Without limiting Contractor’s indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide, and maintain at its own expense during
the term of this Contract, policies of insurance of the type and amounts described
below and in a form that is satisfactory to City.
2. General Liability Insurance. Contractor shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office
form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000
general aggregate, for bodily injury, personal injury, and property damage, and a
$4,000,000 completed operations aggregate. The policy must include contractual
liability that has not been amended. Any endorsement restricting standard I SO
“insured contract” language will not be accepted.
3. Automobile Liability Insurance. Contractor shall maintain automobile insurance
at least as broad as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Contractor arising out of or in
connection with Work to be performed under this Contract, including coverage for
any owned, hired, non-owned or rented vehicles, in an amount not less than
$1,000,000 combined single limit for each accident.
4. Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella
or excess liability insurance in meeting insurance requirements. In such
circumstances, Contractor may obtain and maintain an umbrella or excess liability
insurance policy with limits that will provide bodily injury, personal injury, and
property damage liability coverage at least as broad as the primary coverages set
forth above, including commercial general liability, automotive liability and
employer’s liability. Such policy or policies shall include the following terms and
conditions:
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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;
(a) Pay on behalf of wording as opposed to reimbursement; and
(b) Concurrency of effective dates with primary policies; and
(c) Policies shall “follow form” to the underlying primary policies; and
(d) Insureds under primary policies shall also be insureds under the umbrella
or excess policies.
5. Workers’ Compensation Insurance. Contractor shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance
(with limits of at least $1,000,000) for Contractor’s employees in accordance with
the laws of the State of California, Section 3700 of the Labor Code. In addition,
Contractor shall require each subcontractor to similarly maintain Workers’
Compensation Insurance and Employer’s Liability Insurance in accordance with
the laws of the State of California, Section 3700 for all of the subcontractor’s
employees. Contractor shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of the City, its officers, agents,
employees, and volunteers.
6. Fidelity Coverage. Reserved.
7. Pollution Liability Insurance. Environmental Impairment Liability Insurance shall
be written on a Contractor’s Pollution Liability form or other form acceptable to the
City providing coverage for liability arising out of sudden, accidental, and gradual
pollution and remediation. The policy limit shall be no less than $1,000,000 dollars
per claim and in the aggregate. All activities contemplated in this Agreement shall
be specifically scheduled on the policy as “covered operations”. The policy shall
provide coverage for the hauling of waste from the Project site to the final disposal
location, including non-owned disposal sites.
C. Other Provisions or Requirements
1. Proof of Insurance. Contractor shall provide certificates of insurance to City as
evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers’ compensation. Insurance certificates and
endorsements must be approved by City’s Risk Manager prior to commencement
of performance. Current certification of insurance shall be kept on file with City at
all times during the term of this contract. City reserves the right to require complete,
certified copies of all required insurance policies, at any time.
2. Duration of Coverage. Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work hereunder
by Contractor, its agents, representatives, employees, or subcontractors.
Contractor must maintain general liability and umbrella or excess liability insurance
for as long as there is a statutory exposure to completed operations claims. The
City and its officers, officials, employees, and agents shall continue as additional
insureds under such policies.
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3. Primary/Non-Contributing. Coverage provided by Contractor shall be primary and
any insurance or self-insurance procured or maintained by City shall not be
required to contribute with it. The limits of insurance required herein may be
satisfied by a combination of primary and umbrella or excess insurance. Any
umbrella or excess insurance shall contain or be endorsed to contain a provision
that such coverage shall also apply on a primary and non-contributory basis for the
benefit of City before the City’s own insurance or self -insurance shall be called
upon to protect it as a named insured.
4. Products/Completed Operations Coverage. Products/completed operations
coverage shall extend a minimum of three (3) years after project completion.
Coverage shall be included on behalf of the insured for covered claims arising out
of the actions of independent contractors. If the insured is using subcontractors,
the Policy must include work performed “by or on behalf” of the insured. Policy
shall contain no language that would invalidate or remove the insurer’s duty to
defend or indemnify for claims or suits expressly excluded from coverage. Policy
shall specifically provide for a duty to defend on the part of the insurer. The City,
its officials, officers, agents, and employees, shall be included as additional
insureds under the Products and Completed Operations coverage.
5. City’s Rights of Enforcement. In the event any policy of insurance required under
this Contract does not comply with these requirements, or is canceled and not
replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary, and any premium paid by City will be promptly reimbursed by
Contractor, or City will withhold amounts sufficient to pay premium from Contractor
payments. In the alternative, City may cancel this Contract.
6. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance or is on the List of Approved Surplus Line Insurers in the
State of California, with an assigned policyholders’ Rating of A- (or higher) and
Financial Size Category Class VII (or larger) in accordance with the latest edition
of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk
Manager.
7. Waiver of Subrogation. All insurance coverage maintained or procured pursuant
to this agreement shall be endorsed to waive subrogation against the City, its
elected or appointed officers, agents, officials, employees, and volunteers, or shall
specifically allow Contractor or others providing insurance evidence in compliance
with these specifications to waive their right of recovery prior to a loss. Contractor
hereby waives its own right of recovery against the City, its elected or appointed
officers, agents, officials, employees, and volunteers and shall require similar
written express waivers and insurance clauses from each of its subcontractors.
8. Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Contractor
of non-compliance with any requirement imposes no additional obligations on the
City nor does it waive any rights hereunder.
9. Requirements Not Limiting. Requirements of specific coverage features or limits
contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverag e normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party or
insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any
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BBK 72500.00001\32374943.1
type. If the Contractor maintains higher limits than the minimums shown above,
the City requires and shall be entitled to coverage for the higher limits maintained
by the Contractor. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
10. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker
and insurers to provide to City with a thirty (30) Day notice of cancellation (except
for nonpayment for which a ten (10) Day notice is required) or nonrenewal of
coverage for each required coverage.
11. Additional Insured Status. General liability, automobile liability, and if applicable,
pollution liability policies shall provide or be endorsed to provide that the City and
its officers, officials, employees, agents, and volunteers shall be additional
insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies. Coverage shall be at least as broad as coverage
provided by ISO’s Owners, Lessees, or Contractors Additional Insured
Endorsement for the ongoing (i.e. ISO Form CG 20 10 07 04) and completed
operations (i.e. ISO Form CG 20 37 07 04) of Contractor.
12. Prohibition of Undisclosed Coverage Limitations. None of the coverages required
herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of
in writing.
13. Separation of Insureds. A severability of interests provision must apply for all
additional insureds ensuring that Contractor’s insurance shall apply separately to
each insured against whom claim is made or suit is brought, except with respect
to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability
exclusions.
14. Pass Through Clause. Contractor agrees to ensure that its sub-consultants, sub-
contractors, and any other party involved with the Project who is brought onto or
involved in the project by Contractor, provide the same minimum insurance
coverage and endorsements required of Contractor. Contractor agrees to monitor
and review all such coverage and assumes all responsibility for ensuring that such
coverage is provided in conformity with the requirements of this section. Contractor
agrees that upon request, all agreements with consultants, subcontractors, and
others engaged in the Project will be submitted to City for review.
15. City’s Right to Revise Requirements. The City or its Risk Manager reserves the
right at any time during the term of the contract to change the amounts and types
of insurance required by giving the Contractor ninety (90) Days advance written
notice of such change. If such change results in substantial additional cost to the
Contractor, the City and Contractor may renegotiate Contractor’s compensation. If
the City reduces the insurance requirements, the change shall go into effect
immediately and require no advanced written notice.
16. Self-Insured Retentions. Any self-insured retentions must be declared to and
approved by City. City reserves the right to require that self -insured retentions be
eliminated, lowered, or replaced by a deductible. Self-insurance will not be
considered to comply with these specifications unless approved by City.
17. Timely Notice of Claims. Contractor shall give City prompt and timely notice of
claims made or suits instituted that arise out of or result from Contractor’s
performance under this Contract, and that involve or may involve coverage under
any of the required liability policies.
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18. Additional Insurance. Contractor shall also procure and maintain, at its own cost
and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the Work.
19. Safety. Contractor shall execute and maintain its work so as to avoid injury or
damage to any person or property. In carrying out its Services, the Contractor shall
at all times be in compliance with all applicable local, state and federal laws, rules
and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the work and the conditions under which
the work is to be performed. Safety precautions, where applicable, shall include,
but shall not be limited to: (A) adequate life protection and lifesaving equipment
and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges,
gang planks, confined space procedures, trenching and shoring, equipment and
other safety devices, equipment and wearing apparel as are necessary or lawfully
required to prevent accidents or injuries; and (C) adequate facilities for the proper
inspection and maintenance of all safety measures.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor
Code which such rates shall be made available at the City’s Office or may be obtained online at
http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud
and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False
Claims Act, California Government Code sections 12650, et seq., provides for civil penalties
where a person knowingly submits a false claim to a public entity. These provisions include within
their scope false claims made with deliberate ignorance of the false information or in reckless
disregard of the truth or falsity of the information. In the event the City seeks to recover penalties
pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’
fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an
administrative debarment proceeding wherein Contractor may be prevented from further bidding
on public contracts for a period of up to five (5) years.
[SIGNATURES ON FOLLOWING PAGE]
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Contract No. ___________
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SIGNATURE PAGE TO LONG FORM CONSTRUCTION AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND GRANITE CONSTRUCTION COMPANY
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
GRANITE CONSTRUCTION COMPANY, A
CORPORATION
Contractor’s License
if applicable
City Clerk QC: _____
Contracts QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
159
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Contract No. ___________
Exhibit “C”
Revised 11-2-20
BBK 72500.00001\32374915.1
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded
to Granite Construction Company, (hereinafter referred to as the “Contractor”) an agreement for
FS 102 Gerald Ford Drive Street Improvements 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 April 16, 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, Granite Construction Company, 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 Three Million, Two Hundred Three Thousand, Two
Hundred Sixty-One Dollars and No Cents, ($3,203,261.00), said sum being not less than one
hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all
materials and workmanship; and shall indemnify and save harmless the City, its elected or
appointed officers, and their respective agents, officials, employees, volunteers and
representatives, as stipulated in said Contract Documents, then this obligation shall become null
and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship,
Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder
shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s
rights or the Contractor or Surety’s obligations under the Contract, law, or equity, including, but
not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or
shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the
Contract Documents; or
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Contract No. ___________
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term
“balance of the contract price” as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California
and federal law and make available as work progresses sufficient funds to pay the
cost of completion of the Project, less the balance of the contract price, including
other costs and damages for which Surety may be liable. The term “balance of the
contract price” as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any
amount previously paid by the City to the Contractor and any other set offs
pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which
may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid
from Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City’s objection to Contractor’s further participation in the completion of the
Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract Documents or to the Project to be
performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition t o the terms of the Contract
Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845
of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
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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.
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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
164
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
165
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 September 11, 2025, has awarded to Granite Construction Company,
hereinafter designated as the “Principal,” a contract for the work described as follows:
FS 102 Gerald Ford Drive Street Improvements 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 April 16, 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 Three Million, Two Hundred Three
Thousand, Two Hundred Sixty-One Dollars and No Cents, ($3,203,261.00) lawful money of the
United States of America, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of
the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or
other supplies, used in, upon, for or about the performance of the work contracted to be done, or
for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance
Code with respect to work or labor performed under the contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department or Franchise
Tax Board from the wages of employees of the contractor and his subcontractors pursuant to
Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety
or Sureties will pay for the same, in an amount not exceeding the sum herein above specified,
and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such
suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation
expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the
Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon
this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
pertaining or relating to any scheme or work of improvement herein above described, or pertaining
or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or
modification of any terms of payment or extension of the time for any payment pertaining or
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Contract No. ___________
relating to any scheme or work of improvement herein above described, nor by any rescission or
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or
subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to
recover under any such contract or agreement or under the bond, nor by any fraud practiced by
any person other than the claimant seeking to recover on the bond and that this bond be construed
most strongly against the Surety and in favor of all persons for whose benefit such bond is given,
and under no circumstances shall Surety be released from liability to those for whose benefit such
bond has been given, by reason of any breach of contract between the owner or City and original
contractor or on the part of any obligee named in such bond, but the sole conditions of recovery
shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been
paid the full amount of his claim and that Surety does hereby waive notice of any such change,
extension of time, addition, alteration or modification herein mentioned and the provisions of
sections 2819 and 2845 of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
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Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20__.
(Corporate Seal)
Contractor/ Principal
By ____________________ ____
Printed name: _______________________
Title: ______________________________
(Corporate Seal) Surety
By: ________________________________
Printed Name: _______________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the
Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to
do so must be attached hereto.
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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
169
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
170
Notice of Exemption FORM “B”
NOTICE OF EXEMPTION
TO:
Office of Planning and Research
P. O. Box 3044, Room 113
Sacramento, CA 95812-3044
FROM: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Clerk of the Board of Supervisors
or
County Clerk
County of: Riverside
2724 Gateway Dr, Riverside,
CA 92507
1. –
2.
3.–
site (preferably a USGS 15’ or 7 1/2’
4.– (b)–
5.
6.
7.
8.
(a)
(b)
(c)
(d)
–
(e)
(f)
(g) –
171
Notice of Exemption FORM “B”
Reason why project was exempt:This proposal is for the repair and maintenance of
existing public streets, sidewalks, gutters and similar
facilities.
Lead Agency Contact Person:Lucero Leyva, Senior Project Manager
Telephone: (760) 776-6425
If filed by applicant: Attach Preliminary Exemption Assessment (Form “A”) before filing.
Has a Notice of Exemption been filed by the public agency approving the project? Yes No
Was a public hearing held by the lead agency to consider the exemption? Yes No
If yes, the date of the public hearing was:
Signature:__________________________________ Date:_______________
Title: City Engineer
Signed by Lead Agency Signed by Applicant
Date Received for Filing:
(Clerk Stamp Here)
Authority cited: Sections 21083 and 21100, Public Resources Code.
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.
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Vicinity Map
CFA00010
Gerald Ford Drive Street Improvements
FS 102
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 11, 2025
PREPARED BY: Shelby Goodwin, Special Events Coordinator
SUBJECT: INFORMATIONAL REPORT ON ROAD CLOSURES SCHEDULED TO
OCCUR ON EL PASEO ASSOCIATED WITH FISCAL YEAR 2025-26
ROUTINE SPECIAL EVENTS
RECOMMENDATION:
Receive and file an informational report on road closures scheduled to occur on El Paseo
associated with Fiscal Year 2025-26 routine special events.
BACKGROUND/ANALYSIS:
Below is a list of routine special events scheduled to take place on El Paseo during Fiscal Year
2025-26 that will require temporary road closures between Portola and Highway 74:
1. Desert Cancer Foundation’s Paint El Paseo Pink – October 11, 2025
2. Palm Desert Area Chamber of Commerce’s Golf Cart Parade – October 26, 2025
3. Martha’s Village and Kitchen’s Thanksgiving 5K – November 27, 2025
4. Palm Desert Charter Middle School Foundation’s Panther 5K – January 25, 2026
For each of these events, staff will coordinate closely with event producers to ensure appropriate
traffic management, including the use of hard closures at all major intersections and the
placement of police officers at designated points along the route. Advance notification of t he
closures will also be provided to businesses along El Paseo , as well as any affected residents.
This report is intended to inform the City Council and the public of these planned closures as
part of the City’s ongoing communication and outreach efforts.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
The City Council approved community event sponsorship funding for Paint El Paseo Pink, the
Golf Cart Parade, and the Thanksgiving 5K as part of the FY 2025 -26 budget. There is no
additional financial impact to the General Fund associated with this request, as each organizer
will be responsible for all costs related to their respective event.
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Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 11, 2025
PREPARED BY: Shelby Goodwin, Special Events Coordinator
SUBJECT: INFORMATIONAL REPORT ON ROAD CLOSURES ASSOCIATED WITH
THE RUN TRAVIS RUN EVENT
RECOMMENDATION:
Receive and file an informational report on road closures associated with the Run Travis Run
event scheduled for Sunday, October 5, 2025.
BACKGROUND/ANALYSIS:
The City of Palm Desert is working with event organizers representing Travis Barker, drummer
of the band Blink-182, to host a community 5K run titled Run Travis Run on Sunday, October 5,
2025, at the Civic Center Park. The event coincides with the band’s s cheduled performance at
Acrisure Arena and Palm Desert is one of only four of the event’s 2025 nationwide host sites
selected to participate. Others include Chicago, Las Vegas, and Los Angeles.
Serving as the start and finish location, the Civic Center Park will be the hub of event activities
and participant gathering. The event will require temporary road closures along San Pablo
Avenue and a portion of Magnesia Falls Drive during the morning hours. Road closures will
begin at approximately 6:30 a.m. and will be cleared by 10:30 a.m. City staff will coordinate
closely with event producers, law enforcement, and other supporting agencies to implement
appropriate traffic management, including hard closures at key intersections and police presence
at designated locations along the route. Additional security details are being arranged in
conjunction with the event organizer and law enforcement. Advance notification will be provided
to residents, businesses, and community partners within the affected area.
Proceeds from the Run Travis Run 2025 Tour will support CORE (Community Organized Relief
Effort), a nonprofit humanitarian organization founded by Sean Penn and Ann Lee that provides
critical assistance to underserved communities during and beyond times of cr isis.
This one-time event is anticipated to bring meaningful community engagement, national visibility,
and positive recognition for Palm Desert through its association with a internationally recognized
artist and tour. This report is provided for informational purposes to notify the City Council and
the public of the planned road closures associated with the event.
For more information about the event, visit https://www.runtravisrun.com/palm-desert.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
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City of Palm Desert
(Informational Report on Road Closures Associated with the Run Travis Run Event)
Page 2 of 2
FINANCIAL IMPACT:
There is no financial impact associated with this request. The event organizer will be responsible
for all costs associated with this event.
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Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 11, 2025
PREPARED BY: Ivan Tenorio, Homeless and Supportive Services Manager
SUBJECT: REALLOCATE $30,000 IN FISCAL YEAR 2025-26 COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS
RECOMMENDATION:
1. Approve the reallocation of $30,000 in Fiscal Year (FY) 2025-26 Community Development
Block Grant (CDBG) funds, originally designated for the Fair Housing Council of Riverside
County, to the Palm Desert Housing Authority.
2. Authorize staff to notify the County of Riverside of the approved reallocation and submit any
required documentation in the County’s CDBG records pursuant to the Joint Recipient
Cooperation Agreement.
3. Authorize City Attorney to review and finalize any required agreements or amendments.
4. Authorize the City Manager to execute any documents necessary t o complete the
reallocation.
BACKGROUND/ANALYSIS:
In previous program years, the City has allocated a portion of its CDBG Public Services funding to
the Fair Housing Council of Riverside County, Inc. (FHCRC), a HUD-approved nonprofit
organization that works to protect housing rights and ensure compliance with fair housing laws. On
January 9, 2025, the City Council approved the FY 2025-26 CDBG funding recommendations, of
which $30,000 was included for FHCRC.
Effective July 1, 2025, the City began participating in the County of Riverside’s Urban County
Program under a Joint Recipient Cooperation Agreement. While the City retains Metropolitan City
entitlement status, certain administrative functions are now delegated to the County, and the City
must follow the County’s Citizen Participation Plan for CDBG program administration.
County staff has confirmed that the FHCRC is funded regionally through the County’s CDBG
allocation. As a result, a separate City allocation is no longer necessary, and the $30,000 previously
allocated to FHCRC is available for reallocation to other eligible public service activities.
Staff recommend redirecting these funds to Palm Desert Housing Authority (PDHA) to support
ready-to-implement public facility improvements that directly benefit low and moderate-income
residents:
$30,000 $0
$117,750 $147,750
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City of Palm Desert
Reallocate Fair Housing CDBG Funds
Page 2 of 2
Rationale for selecting PDHA
Staff reviewed the current FY 2025-26 CDBG projects and determined that reallocating the funds
to the Palm Desert Housing Authority best supports the goals of the CDBG program. PDHA had
requested more than its awarded amount, has a ready-to-implement playground project at the One
Quail Place property, and serves income-qualified households. Redirecting funds to PDHA
strengthens an existing local project without creating a new activity and provides a clear, direct
benefit to residents.
Under the County of Riverside’s Citizen Participation Plan, a Substantial Amendment (SA) is
required if any one of the following applies:
A new activity not previously listed or described in the Annual Action Plan
A change in the purpose, scope, location, or beneficiaries of an existing activity
An increase in CDBG funding for public facilities or infrastructure projects exceeding
$1,000,000 or more than 100 percent of the original allocation, whichever is greater
The proposed reallocation does not introduce a new activity, materially alter the scope or
beneficiaries of an existing project, or meet the funding thresholds for a Substantial Amendment.
Therefore, this qualifies as an administrative reallocation. Although HUD regulations would allow
this type of change to be processed administratively, the County requires formal City Council
approval under the Joint Recipient Cooperation Agreement in order to incorporate the reallocation
into its amendment process with HUD. If a Substantial Amendment were required, staff would
conduct a public hearing before the County initiates the formal amendment process in accordance
with its Citizen Participation Plan and HUD regulations
FINANCIAL IMPACT:
This item reallocates existing CDBG funds within the City’s FY 2025 -26 Award and has been
included in the approved FY 2025 -26 Financial Plan. Costs for CDBG projects are eligible for
100% reimbursement from HUD; therefore, this action has no impact on the General Fund.
ATTACHMENTS:
1. Joint Cooperation Agreement Letter
2. Palm Desert Joint Recipient CDBG Cooperation Agreement
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 11, 2025
PREPARED BY: Cesar Lopez, Associate Engineer
SUBJECT: TRACT MAP 37506-2 PARKS D AND E, UNIVERSITY PARK - ACCEPT
PUBLIC IMPROVEMENTS AND RELEASE RELATED BONDS, AND
ACCEPT A MAINTENANCE BOND
RECOMMENDATION:
1. Accept public improvements for Park D and Park E of Tract Map 37506 -2, University
Park.
2. Release the following bonds:
a. Faithful Performance Bond in the amount of $815,648.
b. Labor and Materials Bond in the amount of $815,648.
3. Accept the Maintenance Bond in the amount of $81,564.80.
BACKGROUND/ANALYSIS:
On November 20, 2018, Planning Commission approved by Resolution No. 2745 a request by
University Park Investors, LLC (801 San Ramon Valley Blvd., Suite F, Danville, CA 94526) to
construct a 174+ acre, master planned subdivision located on Gerald Ford Drive between
Portola Avenue and Pacific Avenue. Tract Map 37506 -2 is phase II of this project. Phase II
includes ten public streets, two public parks (D & E), and 169 single family lots. The two (2)
public parks including Park D (Lot EE of Tract Map 37506-2), 1.133 acres, and Park E (Lot FF
of Tract Map 37506-2), 0.63 acres.
Bonds in the amount of $815,648 for Faithful Performance and $815,648 for Payment (Labor
and Materials) were submitted for construction of the two public parks. Separate bonds for public
improvements for streets and grading were submitted at the time of map approval.
Park D includes a shade structure, tables and benches, open space, and a walking trail.
Park E consists of a walking trail, a bench, and open space.
On August 22, 2025, the Public Works Department verified the completion of the parks.
Additionally, the Engineer of Record has submitted a Letter of Certification verifying the
completion of improvements. The approved grading plan (PG22-0029) and approved landscape
plans are filed within the Development Services Department.
Pursuant to the Palm Desert Municipal Code Section 26.28.140, the City of Palm Desert requires
the acceptance of a ten percent Maintenance guarantee for a one -year period after completion
of improvements. The developer has submitted a Maintenance (Warranty) Bond in the amount
of $81,564.80.
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City of Palm Desert
Tract Map 37506-2 Park D and Park E
Page 2 of 2
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
With approval of this action, the City of Palm Desert will be responsible for the annual
maintenance of the two public parks. Costs to maintain these improvements are estimated to be
approximately $74,300 annually and have been included in the adopted budget for landscape
maintenance.
ATTACHMENTS:
1. Vicinity Map
2. Faithful Performance and Labor and Material Bonds
3. Maintenance Bond
202
Vicinity Map
N
Park E
Park D
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207
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 11, 2025
PREPARED BY: Kevin Swartz, Project Manager
Shawn Muir, Community Services Manager
SUBJECT: REJECT ALL PROPOSALS FOR CITY FACILITIES JANITORIAL
SERVICES, AND AUTHORIZE STAFF TO READVERTISE THE
REQUEST (PROJECT NO. MFA00023)
RECOMMENDATION:
1. Reject all proposals submitted under Request for Proposal 2024 -RFP-149, City Facilities
Janitorial Services.
2. Authorize staff to readvertise the request and award with a more detailed scope of work.
BACKGROUND/ANALYSIS:
On June 9, 2022, the City of Palm Desert (City) entered into Contract No. C42320 with
Merchants Building Maintenance, LLC (Merchants) for jan itorial services at City-owned facilities.
The agreement was established for a five-year term, with three optional one-year extensions, at
an initial annual contract amount of $436,744 through June 30, 2027.
Over time, the scope of services expanded to meet the City’s needs, increasing the annual
contract amount to $659,502. Additions included complete janitorial services at the Palm Desert
Aquatic Center and Palm Desert Library, two additional daily service hours at the Corporation
Yard, and day porter services at the Parkview Building.
Location 2022 Contract
Amount
Price Change
(add or remove
work/locations)
2025 Contract
Amount
Corporation Yard $32,015.71 $16,083.10 $48,098.81
Palm Desert City Hall $95,616.25 $10,974.45 $106,590.70
Portola Community
Center $16,174.51 $524.69 $16,699.20
iHUB/REN Building $18,613.34 $6,808.53 $25,421.87
Sheriff Substation $95,325.26 ($12,985.13) $82,340.13
Parkview Office
Complex $95,325.26 $41,878.03 $137,203.29
State Building $71,816.44 $3,285.89 $75,102.33
Henderson Community
Center $11,857.19 $627.87 $12,485.06
Aquatic Center N/A $63,006.76 $63,006.76
Library N/A $92,553.97 $92,553.97
Total $436,744 $222,758 $659,502
221
City of Palm Desert
Reject All Proposals for City Facilities Janitorial Services
Page 2 of 3
To ensure continued high-quality service delivery at competitive rates, and consistent with best
practices for high-value, long-term contracts, staff initiated a Request for Proposals (RFP). RFP
No. 2024-RFP-149 was released on January 23, 2025, through the City’s OpenGov procurement
portal, and nine proposals were received:
VENDOR LOCATION PROPOSAL
AMOUNTS
Verde Facilities Services, LLC Cerritos, CA $579,252
Universal Building Maintenance, LLC Irvine, CA $434,532
Vested Solutions Coachella, CA $640,000
Merchants Pomona, CA $495,001
Santa Fe Janitorial Maintenance Services, Inc. Chino Hills, CA $520,464
Slate USA Inc. New York, NY $639,972
Premier Property Preservation, LLC Van Nuys, CA $607,775
MEK Enterprises, Inc. Santee, CA $660,862
Sherrod and Sons, LLC Santa Ana, CA Not provided
A selection committee (Committee) evaluated the proposals based on clarity and completeness
of the proposal, the experience and qualifications of the firm, references, cost, and the proposed
staffing plan and resource allocation.
After reviewing the proposals, staff found it challenging to fairly evaluate and score submissions
due to inconsistencies in the level of detail provided by vendors. Some proposals included
specific information on equipment and products (including eco -friendly options), employee
benefits, staffing levels, and software systems, while others did not.
To ensure a more equitable and transparent comparison, staff recommends updating the RFP
and readvertising to receive more standardized and comparable proposals. The updated RFP
package will include a more detailed scope of work, a standardized chart, and targeted questions
that outline required information across key categories. This approach will ensure all vendors
address the same criteria, improve consistency in responses, and support a more effective and
objective scoring process. Staff has communicated this intent to the vendors that submitted
proposals to the RFP.
If approved, staff will proceed with reissuing the RFP using a revised and more detailed scope
of services to ensure a fair and comprehensive evaluation process. The RFP is expe cted to be
released in December 2025, with a contract awarded to either a new or existing vendor in April
or May 2026. Should a new vendor be selected, this timeline will provide ample opportunity for
onboarding and transition, with a contract start date of July 1, 2026, to align with the beginning
of the new fiscal year.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
222
City of Palm Desert
Reject All Proposals for City Facilities Janitorial Services
Page 3 of 3
FINANCIAL IMPACT:
Rejecting all proposals and readvertising the request has no direct fiscal impact to the General
Fund.
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Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 11, 2025
PREPARED BY: Bertha A. Escobedo, Business Operations Manager
SUBJECT: RATIFY CHANGE ORDER NO. 3 TO CONTRACT NO. C43180 WITH
BECK OIL FOR GAS AND DIESEL FUEL (MEQ00007)
RECOMMENDATION:
Ratify Change Order No. 3 to Contract No. C43180 with Beck Oil, Inc., for Gas and Diesel Fuel
Purchase, in the amount of $20,000, increasing the annual amount to $140,000.
BACKGROUND/ANALYSIS:
On May 26, 2022, the City Council awarded Contract No. C43180 to Beck Oil, Inc. for the as -
needed purchase of gasoline and diesel fuel in an annual amount of $120,000. The contract
includes a five-year term with an option for three one-year extensions.
The per-gallon cost under this contract is formula-based, tied to the Oil Price Information Service
(OPIS) Unbranded Rack Average Price for Colton (a regional fuel distribution terminal), plus the
vendor’s fixed markup. OPIS is an industry-standard index that tracks wholesale fuel prices at
distribution terminals, providing a transparent and market -based benchmark. Because OPIS
prices have remained higher than anticipated, additional contract authority has been required to
accommodate fuel purchases at these elevated rates.
Since the award of the contract, fuel prices have remained elevated, and the original annual
amount is no longer sufficient to meet annual operational needs. To ensure uninterrupted fuel
supply, staff sought and received City Manager approval for a series of change orders adjusting
the contract amount in response to rising costs, as shown below:
Change
Order No.
Amount
Added
Revised
Contract Limit
Actual/Estimated
Expense
Fiscal Year(s)
1
2
3
**Estimated amount
The first two change order requests omitted language clarifying that the increase would apply
annually, creating the need for the current adjustment. Staff now seek City Council ratification of
Change Order No. 3, which increases the contract by $20,000 annually.
Over the past three fiscal years, the City’s average fuel consumption has been approximately
$132,000 annually. FY 2023-24 reflects an anomaly due to a significant increase in demand and
225
City of Palm Desert
Change Order No. 3 for Additional Fuel Purchase
Page 2 of 2
fuel pricing following the Hilary storm of August 2023. In addition, the City is in the process of
purchasing hybrid vehicles for its fleet, which are expected to contribute to future fuel savings.
Based on these factors, an annual contract limit of $140,000 is projected to be sufficient for the
remainder of the contract term. This adjustment will allow fuel purchases to continue without
interruption and within the budgeted amount approved through Fiscal Year 2026 -27.
Staff recommends authorizing remaining contract extensions with annual increases capped at
five percent (5%) per fiscal year. The limit, based on average actual costs since FY 2022-23,
balances funding needs with long-term cost control.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
Budget for this purpose has been included in the approved Fiscal Year 2025-26 Financial Plan
under Public Works Operations in the amount of $150,000 for the annual purchase of gas and
diesel fuel in Account No. 1104331-4217000, Fleet-Fuel; therefore, there is no additional
financial impact to the General Fund. Staff will continue to budget accordingly during the annual
budget process to ensure adequate funding for fuel expenses in future fiscal years.
ATTACHMENTS:
1. C43180 Contract
2. C43180 Change Order No. 1
3. C43180 Change Order No. 2
4. C43180 Change Order No. 3
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236
CITY OF PALM DESERT
CONTRACT CHANGE ORDER
Justification:
Contract No / P.O. #:
Change Order No.:
Contingency: YES NO
Account No.:
Project No.:
Vendor No.:
Description of Changes Decrease
In Contract Price
Increase
In Contract Price
Totals:
Net Change in Contract Price:
Original Contract Amount: +
Contingency: +
Total Budget Amount:
Less: Expend. / Encumb. To Date: -
Less: This Change Order Amount: -
Remaining for Project:
Contingency: +
Less: Prior Change Order(s): -
Less: This Change Order: -
Remaining of Contingency:
__________________________________________________________ dollars and ___/100 (___________)
Revised Contract Total: ___________________________
Contractor shall construct, furnish all supervision, labor, services, equipment, and materials, and perform all
work necessary or required to fully complete the changes to the Contract described in this Change Order for
the amount agreed upon between the Contractor and the City of Palm Desert (“City”).
Contract Purpose:
Contractor Name:
C43180 P115818
1
1104331-4217000
796-23
V0013288
Gasoline and Diesel Fuel Supply
Beck Oil, Inc.
Additional Gasoline and Diesel Fuel Supply services during FY 2022/23 $ 10,000.00
$ 0.00 $ 10,000.00
$ 10,000.00
City fleet vehicles and heavy equipment depend on gasoline and diesel fuels to perform daily operations for the City.
Due to an increase in operational cost staff is requesting an additional $10,000 for the remainder of Fiscal Year
2022/2023.
$ 120,000.00
$ 120,000.00
$ 120,000.00
$ 10,000.00
-$ 10,000.00
$ 10,000.00
-$ 10,000.00
4
The amount of the contract will be increased by the sum of:
Ten thousand $ 10,000.00
$ 130,000.00
DocuSign Envelope ID: E6BC566C-2CCD-4736-A7CE-D87467CFEAB4
237
Continued from Front
Contract No. _________ Contract Change Order No. ___
Contract Time Extension: __________________________
Contractor accepts the terms and conditions stated above as full and final settlement of any and all claims
arising out of or related to the subject of this Change Order and acknowledges that the compensation (time
and cost) set forth herein comprises the total compensation due for the work or change defined in the
Change Order, including all impact on any unchanged work. Execution of this Change Order by the
Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the City from
all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related to the subject of
the Change Order, whether known or unknown, including but not limited to direct and indirect costs and/or
damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and
all consequential damages. The adjustments to the Contract Price and Contract Time in this Change Order
constitute the entire compensation and/or adjustment thereto due to Contractor, including but not limited to all
direct, indirect, consequential, profit, labor, equipment, tools, idle time, incidentals, and overhead (field and
home office) costs, due to Contractor arising out of or related to the change in the work covered by this
Change Order. The Contractor hereby releases and agrees to waive all rights, without exception or reservation
of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any
reasonably foreseeable cause that shall arise out of, or as a result of, this Change Order and/or its impact on
the remainder of the work under the Contract. This Change Order will become a supplement to the Contract
and all provisions will apply hereto.
1. REQUESTED BY:______________________
Department Director 2. ACCEPTED BY:______________________
Contractor
3. CERTIFIED FUNDS
AVAILABLE
______________________
Finance Director 4. APPROVED BY:______________________
City Manager
NOTE: No payments will be made prior
to City Manager or Council approval
QC: _____
C43180 1
None requested
DocuSign Envelope ID: E6BC566C-2CCD-4736-A7CE-D87467CFEAB4
238
CITY OF PALM DESERT
CONTRACT CHANGE ORDER
Justification:
Contract No / P.O. #:
Change Order No.:
Contingency: YES NO
Account No.:
Project No.:
Vendor No.:
Description of Changes Decrease
In Contract Price
Increase
In Contract Price
Totals:
Net Change in Contract Price:
Original Contract Amount: +
Contingency: +
Total Budget Amount:
Less: Expend. / Encumb. To Date: -
Less: This Change Order Amount: -
Remaining for Project:
Contingency: +
Less: Prior Change Order(s): -
Less: This Change Order: -
Remaining of Contingency:
__________________________________________________________ dollars and ___/100 (___________)
Revised Contract Total: ___________________________
Contractor shall construct, furnish all supervision, labor, services, equipment, and materials, and perform all
work necessary or required to fully complete the changes to the Contract described in this Change Order for
the amount agreed upon between the Contractor and the City of Palm Desert (“City”).
Contract Purpose:
Contractor Name:
C43180 P116451
2
1104331-4217000
796-23
V0013288
Gasoline and Diesel Fuel Supply
Beck Oil, Inc.
Additional Gasoline and Diesel Fuel Supply services during FY 2023-2024 $ 30,000.00
$ 0.00 $ 30,000.00
$ 30,000.00
City fleet vehicles and heavy equipment depend on gasoline and diesel fuels to perform daily operations for the City.
Due to an increase in operational cost staff is requesting an additional $30,000.00 for the remainder of Fiscal Year
2023/2024.
$ 120,000.00
$ 120,000.00
$ 120,000.00
$ 30,000.00
-$ 30,000.00
$ 30,000.00
-$ 30,000.00
4
The amount of the contract will be increased by the sum of:
Thirty Thousand $ 30,000.00
$ 150,000.00
DocuSign Envelope ID: 3C4F0331-DE8B-4053-BBE7-AD95FA75E843
239
Continued from Front
Contract No. _________ Contract Change Order No. ___
Contract Time Extension: __________________________
Contractor accepts the terms and conditions stated above as full and final settlement of any and all claims
arising out of or related to the subject of this Change Order and acknowledges that the compensation (time
and cost) set forth herein comprises the total compensation due for the work or change defined in the
Change Order, including all impact on any unchanged work. Execution of this Change Order by the
Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the City from
all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related to the subject of
the Change Order, whether known or unknown, including but not limited to direct and indirect costs and/or
damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and
all consequential damages. The adjustments to the Contract Price and Contract Time in this Change Order
constitute the entire compensation and/or adjustment thereto due to Contractor, including but not limited to all
direct, indirect, consequential, profit, labor, equipment, tools, idle time, incidentals, and overhead (field and
home office) costs, due to Contractor arising out of or related to the change in the work covered by this
Change Order. The Contractor hereby releases and agrees to waive all rights, without exception or reservation
of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any
reasonably foreseeable cause that shall arise out of, or as a result of, this Change Order and/or its impact on
the remainder of the work under the Contract. This Change Order will become a supplement to the Contract
and all provisions will apply hereto.
1. REQUESTED BY:______________________
Department Director 2. ACCEPTED BY:______________________
Contractor
3. CERTIFIED FUNDS
AVAILABLE
______________________
Finance Director 4. APPROVED BY:______________________
City Manager
NOTE: No payments will be made prior
to City Manager or Council approval
QC: _____
C43180 2
None requested
DocuSign Envelope ID: 3C4F0331-DE8B-4053-BBE7-AD95FA75E843
240
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:
C43180 NEW
3
1104331-4217000
MEQ00007
V0013288
Gas and Diesel Fuel
Beck Oil
David Reyes
July 30, 2025
Increase to not-to-exceed annual contract amount $ 20,000.00
$ 0.00 $ 20,000.00
$ 20,000.00
Increase annual not-to-exceed contract amount through remainder of contract term including Fiscal Year 2024/25.
(FY24/25 PO #24251288)
$ 120,000.00
$ 0.00
$ 120,000.00
$ 120,000.00
$ 20,000.00
-$ 20,000.00
$ 0.00
$ 0.00
$ 20,000.00
-$ 20,000.00
4
The amount of the contract will be increased by the sum of:
Twenty Thousand 00 $ 20,000.00
$ 140,000.00
Docusign Envelope ID: 4BE87D29-2BF5-46B1-9A65-F9F71FEAA02D
241
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: _____
C43180 3
N/A
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 11, 2025
PREPARED BY: Chris Gerry, Senior Project Manager
SUBJECT: RATIFY CHANGE ORDER NO. 3 TO CONTRACT NO. C48140 WITH DBX,
INC., FOR THE MARKET PLACE DRIVE AND COOK STREET TRAFFIC
SIGNAL IMPROVEMENTS (CTS00001)
RECOMMENDATION:
Ratify Change Order No. 3 to Contract No. C48140 with DBX, Inc., to increase compensation in
the amount of $6,329.65 for the Market Place Drive and Cook Street Traffic Signal
Improvements.
BACKGROUND/ANALYSIS:
Overview:
The Market Place Drive and Cook Street Traffic Signal Improvements (Project) includes the
installation of a new traffic signal at the currently unsignalized intersection of Cook Street and
Market Place Drive. This signal was identified as a mitigation measure in the Environmental
Impact Report for the DSRT Surf Project (May 2019). In addition to the signal installation, the
Project incorporates ADA-compliant curb ramps, sidewalks, and other improvements to improve
accessibility and regional traffic synchronization.
The City advertised the Project and received five bids on September 17, 2024. The City Council
awarded the Project to DBX, Inc. (Contractor) for $464,560 on October 10, 2024. The City
Council also approved a contingency in the amount of $47,000 (approximately 10%).
The Project has since been completed. During p roject construction, the City issued three change
orders described below:
Change Order No. 1 ($4,048.00): The Project plans did not include a curb between the
sidewalk and adjacent landscaping on the east side of Cook Street. Since the initial plan
development, the adjacent property has updated its landscaping, necessitating the
addition of a curb for proper grade separation. Change Order No. 1 covered the labor,
materials, and equipment necessary to install approximately 160 linear feet of six-inch
curb along the newly constructed sidewalk.
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Change Order No. 2 ($40,062.00): At the time of bidding, the City had not yet received
plans from Southern California Edison (SCE) identifying the line extension and service
point for the service pedestal. A service pedestal is the electrical service point for the
intersection where utility power connects to the traffic signal system. Once the SCE plans
were received, the City requested this change order to complete the remaining work.
Change Order No. 2 covered the labor, materials, and equipment necessary to install
approximately 400 feet of conduit in accordance with the approved plans.
Change Order No. 3 ($9,219.65): In late July 2025, SCE conducted an inspection of the
newly installed service pedestal. Upon inspection, SCE required the construction of a
concrete retaining wall around the service pedestal due to the adjacent elevations.
Change Order No. 3 covered the labor, materials, and equipment necessary to install a
retaining wall around the service pedestal.
Change Order No. 3 used the remaining contingency and exceeded it by $6,329.65. Due to the
necessity to complete the Project and the timing of summer recess, the City Manager approved
the total change order under the authority granted under Palm Desert Mun icipal Code
3.30.170(C)1. Staff is requesting to ratify Change Order No. 3 which increased compensation in
the amount of $6,329.65. Following this action, staff will issue a Notice of Completion.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
The Project was included in the approved Fiscal Year 2024-25 Capital Improvement Project List
through the Measure A Fund, Account No. 2134385-5000911, and the Traffic Signal Fund,
Account No. 2344250-4400100; therefore, there is no financial impact to the General Fund.
The originally approved contingency has been exceeded by $6,329.65, as the total of the three
change orders amount to $53,329.65. For this reason, ratification of Change Order No. 3 is
requested. The table below reflects project budget and expenses:
Account Budget Project Cost Balance
2134385-5000911 $331,707.00
2344250-4400100 $460,075.00
Design – Advantec C45300 $100,610.00
Design – Contingency $10,000.00
Construction – DBX $464,580.00
Contingency $47,000.00
Additional Contingency* $6,329.65
Total $791,782.00 $628,519.65 $163,262.35
DSRT Surf Contribution (12.1%) ($76,050.87)
Total Project Cost $552,468.78
* Current request
DSRT Surf is required to contribute its fair share of the costs for installing the traffic signal at the
intersection of Cook Street and Market Place Drive, with their contribution established at 12.1%, it
will help offset a portion of the City’s costs for the project.
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ATTACHMENTS:
1. Staff Report (October 24, 2024)
2. Contract C48140
3. Change Order No. 1
4. Change Order No. 2
5. Change Order No. 3
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: October 10, 2024
PREPARED BY: Bassam AL-Beitawi, Senior Project Manager
Randy Chavez, Deputy Public Works Director
SUBJECT: AWARD CONTRACT TO DBX, INC., OF TEMECULA, CALIFORNIA, FOR
THE MARKET PLACE DRIVE AND COOK STREET TRAFFIC SIGNAL
IMPROVEMENTS (PROJECT NO. CTS0001)
RECOMMENDATION:
1. Award a contract to DBX, Inc., of Temecula, California, in the amount of $464,580, plus a
$47,000 contingency, for the Market Place Drive and Cook Street Traffic Signal
Improvements.
2. Authorize the City Attorney to make necessary nonmonetary changes to the contract.
3. Authorize the City Manager to execute the agreement and any written requests for change
orders up to the contingency amount, amendments, and any other documents necessary to
effectuate this action, in accordance with Section 3.30.170 of the Palm Desert Municipal
Code.
4. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to
file the NOC upon satisfactory completion of the Project.
BACKGROUND/ANALYSIS:
The Market Place Drive and Cook Street Traffic Signal Improvements project include s the
installation of a new traffic signal at the currently unsignalized intersection of Cook Street and
Market Place Drive. This signal was identified as a mitigation measure in the Environmental
Impact Report for the DSRT Surf Project (May 2019).
In addition to the signal installation, the project includes ADA-compliant curb ramps, sidewalks,
and a range of infrastructure enhancements designed to improve accessibility and ensure
seamless regional traffic synchronization thereby contributing to a safer and more efficient
transportation network.
The City advertised the project and received five bids by September 17, 2024, as follows:
DBX, Inc., submitted the lowest responsive bid. The apparent low bid has been reviewed and
found to be in full compliance with all bid requirements. The project is scheduled for completion
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within 90 days of the issuance of the Notice to Proceed, with an expected completion by
February 2024.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
The Market Place Drive and Cook Street Traffic Signal Improvements Project is included in the
approved Fiscal Year 2024-25 Capital Improvement Project (CIP) List through Measure A Fund,
Account No. 2134385-5000911, and the Traffic Signal Fund, Account No. 2344250-4400100;
therefore, there is no financial impact on the General Fund. In addition, the DSRT Surf developer
is required to contribute its fair share of the costs for installing the traffic signal at the intersection
of Cook Street and Market Place Drive, with the contribution set at 12.1%.
Account Budget Project Cost Balance
2134385-5000911 $331,707
2344250-4400100 $460,075
Design – Advantec C45300 $100,610
Design – Contingency $10,000
*Construction – DBX $464,580
*Construction - Contingency $47,000
Total $791,782 $622,190 $169,592
DSRT Surf Contribution (12.1%) ($75,285)
Total Project Cost $546,905
*Current request
ATTACHMENTS:
1. Agreement
2. Payment and Performance Bonds
3. Contractor’s Proposal
4. Vicinity Map
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CITY OF PALM DESERT
CONTRACT FOR CONSTRUCTION
This Agreement is made and entered into this 10th day of October, 2024, by and between the
City of Palm Desert, a municipal corporation organized under the laws of the State of California
with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-
2578, (“City”) and DBX, a Corporation, with its principal place of business at 42024 Avenida
Alvarado, Suite A, Temecula, CA 92590 ("Contractor").
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these
presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide
all labor, materials, equipment, tools, utility services, and transportation to complete
all of the Work required in strict compliance with the Contract Documents as specified
in Article 5, below, for the following Project:
Market Place Drive and Cook Street Traffic Signal Improvements
Project No. CTS00001
(hereinafter referred to as “the Project”).
Contractor is an independent contractor and not an agent of the City. The Contractor and its
surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to
comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the
date stated in the City’s Notice to Proceed. The Contractor shall complete all Work
required by the Contract Documents within 90 Days from the commencement date
stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time
for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract,
subject to any additions or deductions as provided in the Contract Documents, and
including all applicable taxes and costs, the sum of FOUR HUNDRED SIXTY FOUR
THOUSAND FIVE HUNDRED EIGHTY DOLLARS AND NO CENTS ($464,580.00).
Payment shall be made as set forth in the General Conditions. The City will pay to
Contractor compensation based upon the prices set forth in the Bid Schedule.
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day
completion of the Project is delayed beyond the Contract Time. Because of the nature
of the Project, it would be impracticable or extremely difficult to determine the City’s
actual damages. Accordingly, in accordance with Government Code section 53069.85,
it is agreed that the Contractor will pay the City the sum of $1,000.00 for each and
every Day of delay beyond the time prescribed in the Contract Documents for finishing
the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this
is not paid, the Contractor agrees the City may deduct that amount from any money
due or that may become due the Contractor under the Contract. This Section does not
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exclude recovery of other damages specified in the Contract Documents. Liquidated
damages may be deducted from progress payments due Contractor, Project retention
or may be collected directly from Contractor, or from Contractor's surety. These
provisions for liquidated damages shall not prevent the City, in case of Contractor's
default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except
Sections 1-9
Standard Plans of the City of Palm Desert, latest edition
Standard Plans for Public Works Construction, latest edition
Caltrans Standard Specifications, latest edition, Except Division 1
Caltrans Standard Plans, latest edition
California Manual on Traffic Control Devices for Streets and Highways (CAMUTCD), latest
edition
Work Area Traffic Control Handbook, latest edition
Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract
The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the
Contract Documents and not by others shall be done as if required by all. In the event of conflict,
the various Contract Documents will be given effect in the order set forth in the General
Conditions. This Contract shall supersede any prior agreement of the parties.
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ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be
deemed to be included in these Contract Documents. The Contractor shall comply with
all requirements of applicable federal, state, and local laws, rules, and regulations,
including, but not limited to, the provisions of the California Labor Code and California
Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION AND INSURANCE
A. Indemnification
1. To the fullest extent permitted by law, Contractor shall immediately defend (with
counsel of the City’s choosing), indemnify, and hold harmless the City, its officials,
officers, agents, employees, and representatives, and each of them from and
against:
(a) Any and all claims, demands, causes of action, costs, expenses, injuries,
losses or liabilities, in law or in equity, of every kind or nature whatsoever, but
not limited to, injury to or death, including wrongful death, of any person, and
damages to or destruction of property of any person, arising out of, related to,
or in any manner directly or indirectly connected with the Work or this Contract,
including claims made by subcontractors for nonpayment, including without
limitation the payment of all consequential damages and attorney’s fees and
other related costs and expenses, however caused, regardless of whether the
allegations are false, fraudulent, or groundless, and regardless of any
negligence of the City or its officers, employees, or authorized volunteers
(including passive negligence), except the sole negligence or willful
misconduct or active negligence of the City or its officials, officers, employees,
or authorized volunteers;
(b) Contractor’s defense and indemnity obligation herein includes, but is not
limited to damages, fines, penalties, attorney’s fees and costs arising from
claims under the Americans with Disabilities Act (ADA) or other federal or state
disability access or discrimination laws arising from Contractor’s Work during
the course of construction of the improvements or after the Work is complete,
as the result of defects or negligence in Contractor’s construction of the
improvements;
(c) Any and all actions, proceedings, damages, costs, expenses, fines, penalties
or liabilities, in law or equity, of every kind or nature whatsoever, arising out of,
resulting from, or on account of the violation of any governmental law or
regulation, compliance with which is the responsibility of Contractor;
(d) Any and all losses, expenses, damages (including damages to the Work itself),
attorney’s fees, and other costs, including all costs of defense which any of
them may incur with respect to the failure, neglect, or refusal of Contractor to
faithfully perform the Work and all of Contractor’s obligations under Co ntract.
Such costs, expenses, and damages shall include all costs, including
attorney’s fees, incurred by the indemnified parties in any lawsuit to which they
are a party.
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2. Contractor shall immediately defend, at Contractor’s own cost, expense and risk,
with the counsel of the City choosing, any and all such aforesaid suits, actions or
other legal proceedings of every kind that may be brought or instituted against the
City, its officials, officers, agents, employees and representatives. Contractor shall
pay and satisfy any judgment, award or decree that may be rendered against the
City, its officials, officers, employees, agents, employees, and representatives, in
any such suit, action or other legal proceeding. Contractor shall reimburse the City,
its officials, officers, agents, employees, and representatives for any and all legal
expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity herein provided. The only limitations on this provision shall
be those imposed by Civil Code section 2782.
3. The provisions of this Article shall survive the termination of this Contract
howsoever caused, and no payment, partial payment, or acceptance of occupancy
in whole or part of the Work shall waive or release any of the provisions of this
Article.
B. Insurance
1. Without limiting Contractor’s indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide, and maintain at its own expense during
the term of this Contract, policies of insurance of the type and amounts described
below and in a form that is satisfactory to City.
2. General Liability Insurance. Contractor shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office
form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000
general aggregate, for bodily injury, personal injury, and property damage, and a
$4,000,000 completed operations aggregate. The policy must include contractual
liability that has not been amended. Any endorsement restricting standard ISO
“insured contract” language will not be accepted.
3. Automobile Liability Insurance. Contractor shall maintain automobile insurance
at least as broad as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Contractor arising out of or in
connection with Work to be performed under this Contract, including coverage for
any owned, hired, non-owned or rented vehicles, in an amount not less than
$1,000,000 combined single limit for each accident.
4. Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella
or excess liability insurance in meeting insurance requirements. In such
circumstances, Contractor may obtain and maintain an umbrella or excess liability
insurance policy with limits that will provide bodily injury, personal injury, and
property damage liability coverage at least as broad as the primary coverages set
forth above, including commercial general liability, automotive liability and
employer’s liability. Such policy or policies shall include the following terms and
conditions:
A drop-down feature requiring the policy to respond in the event that any
primary insurance that would otherwise have applied proves to be uncollectible
in whole or in part for any reason;
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(a) Pay on behalf of wording as opposed to reimbursement; and
(b) Concurrency of effective dates with primary policies; and
(c) Policies shall “follow form” to the underlying primary policies; and
(d) Insureds under primary policies shall also be insureds under the umbrella
or excess policies.
5. Workers’ Compensation Insurance. Contractor shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance
(with limits of at least $1,000,000) for Contractor’s employees in accordance with
the laws of the State of California, Section 3700 of the Labor Code. In addition,
Contractor shall require each subcontractor to similarly maintain Workers’
Compensation Insurance and Employer’s Liability Insurance in accordance with
the laws of the State of California, Section 3700 for all of the subcontractor’s
employees. Contractor shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of the City, its officers, agents,
employees, and volunteers.
6. Fidelity Coverage. [Reserved].
7. Pollution Liability Insurance. Environmental Impairment Liability Insurance shall be
written on a Contractor’s Pollution Liability form or other form acceptable to the
City providing coverage for liability arising out of sudden, accidental, and gradual
pollution and remediation. The policy limit shall be no less than $1,000,000 dollars
per claim and in the aggregate. All activities contemplated in this Agreement shall
be specifically scheduled on the policy as “covered operations”. The policy shall
provide coverage for the hauling of waste from the Project site to the final disposal
location, including non-owned disposal sites.
C. Other Provisions or Requirements
1. Proof of Insurance. Contractor shall provide certificates of insurance to City as
evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers’ compensation. Insurance certificates and
endorsements must be approved by City’s Risk Manager prior to commencement
of performance. Current certification of insurance shall be kept on file with City at
all times during the term of this contract. City reserves the right to require complete,
certified copies of all required insurance policies, at any time.
2. Duration of Coverage. Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work hereunder
by Contractor, its agents, representatives, employees, or subcontractors.
Contractor must maintain general liability and umbrella or excess liability insurance
for as long as there is a statutory exposure to completed operations claims. The
City and its officers, officials, employees, and agents shall continue as additional
insureds under such policies.
3. Primary/Non-Contributing. Coverage provided by Contractor shall be primary and
any insurance or self-insurance procured or maintained by City shall not be
required to contribute with it. The limits of insurance required herein may be
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satisfied by a combination of primary and umbrella or excess insurance. Any
umbrella or excess insurance shall contain or be endorsed to contain a provision
that such coverage shall also apply on a primary and non-contributory basis for the
benefit of City before the City’s own insurance or self -insurance shall be called
upon to protect it as a named insured.
4. Products/Completed Operations Coverage. Products/completed operations
coverage shall extend a minimum of three (3) years after project completion.
Coverage shall be included on behalf of the insured for covered claims arising out
of the actions of independent contractors. If the insured is using subcontractors,
the Policy must include work performed “by or on behalf” of the insured. Policy
shall contain no language that would invalidate or remove the insurer’s duty to
defend or indemnify for claims or suits expressly excluded from coverage. Policy
shall specifically provide for a duty to defend on the part of the insurer. The City,
its officials, officers, agents, and employees, shall be included as additional
insureds under the Products and Completed Operations coverage.
5. City’s Rights of Enforcement. In the event any policy of insurance required under
this Contract does not comply with these requirements, or is canceled and not
replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary, and any premium paid by City will be promptly reimbursed by
Contractor, or City will withhold amounts sufficient to pay premium from Contractor
payments. In the alternative, City may cancel this Contract.
6. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance or is on the List of Approved Surplus Line Insurers in the
State of California, with an assigned policyholders’ Rating of A- (or higher) and
Financial Size Category Class VII (or larger) in accordance with the latest edition
of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk
Manager.
7. Waiver of Subrogation. All insurance coverage maintained or procured pursuant
to this agreement shall be endorsed to waive subrogation against the City, its
elected or appointed officers, agents, officials, employees, and volunteers, or shall
specifically allow Contractor or others providing insurance evidence in compliance
with these specifications to waive their right of recovery prior to a loss. Contractor
hereby waives its own right of recovery against the City, its elected or appointed
officers, agents, officials, employees, and volunteers and shall require similar
written express waivers and insurance clauses from each of its subcontractors.
8. Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Contractor
of non-compliance with any requirement imposes no additional obligations on the
City nor does it waive any rights hereunder.
9. Requirements Not Limiting. Requirements of specific coverage features or limits
contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any 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
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by the Contractor. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
10. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker
and insurers to provide to City with a thirty (30) Day notice of cancellation (except
for nonpayment for which a ten (10) Day notice is required) or nonrenewal of
coverage for each required coverage.
11. Additional Insured Status. General liability, automobile liability, and if applicable,
pollution liability policies shall provide or be endorsed to provide that the City and
its officers, officials, employees, agents, and volunteers shall be additional
insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies. Coverage shall be at least as broad as coverage
provided by ISO’s Owners, Lessees, or Contractors Additional Insured
Endorsement for the ongoing (i.e. ISO Form CG 20 10 07 04) and completed
operations (i.e. ISO Form CG 20 37 07 04) of Contractor.
12. Prohibition of Undisclosed Coverage Limitations. None of the coverages required
herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of
in writing.
13. Separation of Insureds. A severability of interests provision must apply for all
additional insureds ensuring that Contractor’s insurance shall apply separately to
each insured against whom claim is made or suit is brought, except with respect
to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability
exclusions.
14. Pass Through Clause. Contractor agrees to ensure that its sub-consultants, sub-
contractors, and any other party involved with the Project who is brought onto or
involved in the project by Contractor, provide the same minimum insurance
coverage and endorsements required of Contractor. Contractor agrees to monitor
and review all such coverage and assumes all responsibility for ensuring that such
coverage is provided in conformity with the requirements of this section. Contractor
agrees that upon request, all agreements with consultants, subcontractors, and
others engaged in the Project will be submitted to City for review.
15. City’s Right to Revise Requirements. The City or its Risk Manager reserves the
right at any time during the term of the contract to change the amounts and types
of insurance required by giving the Contractor ninety (90) Days advance written
notice of such change. If such change results in substantial additional cost to the
Contractor, the City and Contractor may renegotiate Contractor’s compensation. If
the City reduces the insurance requirements, the change shall go into effect
immediately and require no advanced written notice.
16. Self-Insured Retentions. Any self-insured retentions must be declared to and
approved by City. City reserves the right to require that self-insured retentions be
eliminated, lowered, or replaced by a deductible. Self-insurance will not be
considered to comply with these specifications unless approved by City.
17. Timely Notice of Claims. Contractor shall give City prompt and timely notice of
claims made or suits instituted that arise out of or result from Contractor’s
performance under this Contract, and that involve or may involve coverage under
any of the required liability policies.
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18. Additional Insurance. Contractor shall also procure and maintain, at its own cost
and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the Work.
19. Safety. Contractor shall execute and maintain its work so as to avoid injury or
damage to any person or property. In carrying out its Services, the Contractor shall
at all times be in compliance with all applicable local, state and federal laws, rules
and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the work and the conditions under which
the work is to be performed. Safety precautions, where applicable, shall include,
but shall not be limited to: (A) adequate life protection and lifesaving equipment
and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges,
gang planks, confined space procedures, trenching and shoring, equipment and
other safety devices, equipment and wearing apparel as are necessary or lawfully
required to prevent accidents or injuries; and (C) adequate facilities for the proper
inspection and maintenance of all safety measures.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor
Code which such rates shall be made available at the City’s Office or may be obtained
online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud
and Contractor may be subject to criminal prosecution. Contractor acknowledges that
the False Claims Act, California Government Code sections 12650, et seq., provides
for civil penalties where a person knowingly submits a false claim to a public entity.
These provisions include within their scope false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of the
information. In the event the City seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees.
Contractor hereby acknowledges that the filing of a false claim may the Contractor to
an administrative debarment proceeding wherein Contractor may be prevented from
further bidding on public contracts for a period of up to five (5) years.
[SIGNATURES ON FOLLOWING PAGE]
Docusign Envelope ID: 8CEA6FD4-A737-40DB-B243-7E398F1555B6
256
Contract No. C48140
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 DBX, INC.
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be
executed on the day and year first above written.
CITY OF PALM DESERT
By:
L. Todd Hileman
City Manager
Attest:
By:
Anthony J. Mejia
City Clerk
Approved as to form:
By:
Isra Shah
Best Best & Krieger LLP
City Attorney
DBX, A CORPORATION
By:
James C. Perry
President
By:
James C. Perry
Secretary/Treasurer
Contractor’s License Number and
Classification
DIR Registration Number (if applicable)
City Clerk QC: MN
Contracts QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
Docusign Envelope ID: 8CEA6FD4-A737-40DB-B243-7E398F1555B6
1000004242
240547
257
258
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:
C48140 24251604
1
4
2134385-5000911
CTS00001
V0003178
Cook Street and Market Place Drive Traffic Signal Installation
DBX, Inc.
Chris Gerry
June 17, 2025
Install approx. 160 linear feet of 6” curb along newly constructed sidewalk $ 4,048.00
$ 0.00 $ 4,048.00
$ 4,048.00
Additional funds required for a curb between the sidewalk and adjacent landscaping on the east side of Cook Street.
$ 464,580.00
$ 47,000.00
$ 511,580.00
$ 464,580.00
$ 4,048.00
$ 42,952.00
$ 47,000.00
$ 4,048.00
$ 42,952.00
The amount of the contract will be increased by the sum of:
Four Thousand Forty Eight 00 $ 4,048.00
$ 468,628.00
Docusign Envelope ID: E523CC12-8BAD-40FC-AC31-86F4619D54C8
259
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: _____
C48140 1
N/A
Docusign Envelope ID: E523CC12-8BAD-40FC-AC31-86F4619D54C8
260
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:
C48140 24251604
2
4
2134385-5000911
CTS00001
V0003178
Cook Street and Market Place Drive Traffic Signal Installation
DBX, Inc.
Chris Gerry
July 24, 2025
Labor, material & equipment to install SCE conduit & hand hole per SCE Plans $ 40,062.00
$ 0.00 $ 40,062.00
$ 40,062.00
On October 10, 2024, the City Council approved Contract No. C48140 in the amount of $464,580 for the Market Place
Drive and Cook Street Traffic Signal Improvements to DBX, and included a $47,000 contingency. At the time of bidding,
the City had not yet received plans from Southern California Edison (SCE) identifying the line extension and service
point for the service pedestal. The City has since received SCE plans outlining the remaining scope of work required to
energize the traffic signal. Change Order No. 2 covers the labor,materials, and equipment necessary to install the SCE
conduit and hand hole in accordance with the approved plans.
$ 464,580.00
$ 47,000.00
$ 511,580.00
$ 468,628.00
$ 40,062.00
$ 2,890.00
$ 47,000.00
$ 4,048.00
$ 40,062.00
$ 2,890.00
The amount of the contract will be decreased by the sum of:
Forty Thousand Sixty Two 00 $ 40,062.00
$ 508,690.00
Docusign Envelope ID: 3F0AB7A6-A755-42DF-8D98-26E4A1B538E7
261
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: _____
C48140 2
N/A
Docusign Envelope ID: 3F0AB7A6-A755-42DF-8D98-26E4A1B538E7
262
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:
C48140 24251604
3
4
2134385-5000911
CTS00001
V0003178
Cook Street and Market Place Drive Traffic Signal Installation
DBX, Inc.
Chris Gerry
August 12, 2025
Labor, Material, & Equipment to install retaining wall around meter pedestal $ 9,219.65
$ 0.00 $ 9,219.65
$ 9,219.65
$ 9,219.65 $ 9,219.65
On October 10, 2024, the City Council approved Contract No. C48140 in the amount of $464,580 for the Market Place
Drive and Cook Street Traffic Signal Improvements to DBX, and included a $47,000 contingency. In late July 2025,
Southern California Edison (SCE) conducted an inspection of the service pedestal, which is the electrical service point
for the intersection. Upon inspection, SCE requires the construction of a concrete retaining wall around the service
pedestal due the adjacent elevations. Change Order No. 3 covers the labor,materials, and equipment necessary to
install a retaining wall around the service pedestal. Staff will bring this action forward to City Council for ratification on
September 11, 2025, in the amount of $6,329.65.
$ 464,580.00
$ 47,000.00
$ 47,000.00$ 511,580.00
$ 508,690.00
-$ 6,329.65
$ 44,110.00
-$ 6,329.65
The amount of the contract will be increased by the sum of:
Nine Thousand Two Hundred Nineteen 65 $ 9,219.65
$ 517,909.65
263
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: _____
C48140 3
N/A
264
Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 11, 2025
PREPARED BY: Shawn Muir, Community Services Manager
SUBJECT: APPROVE AMENDMENT NO. 4 TO CONTRACT NO. C32410 WITH
DESERT RECREATION DISTRICT FOR PARK AND PORTOLA
COMMUNITY CENTER SERVICES
RECOMMENDATION:
1. Approve Amendment No. 4 to Contract No. C32410 with Desert Recreation District to
incorporate the updated Pricing Matrix (Exhibit B), reflecting revised labor and material rates
for Park and Portola Community Center services.
2. Authorize the City Attorney to make any necessary non -monetary changes to the
amendments.
3. Authorize the City Manager to execute the amendments and any documents necessary to
effectuate the actions taken herewith.
BACKGROUND/ANALYSIS:
The City of Palm Desert (City) has maintained a partnership with the Desert Recreation District
(DRD) for nearly 30 years to provide recreational programming, facility staffing, and community
services. DRD supports the City as a facilities operator and provider of sports programming,
activities, and special park events.
The contract includes park attendants, janitorial services, and other facility staff to monitor daily
activities. At the Portola Community Center (PCC), DRD provides on -site administrative staff
who manage reservations for City parks and fields. They are open from 8:00 a.m. to 8:30 p.m.,
serving as a liaison between the City and the public.
The current cost-plus-15% agreement was originally executed in November 2012 and
automatically renews in five-year increments unless terminated with one year’s notice. Since the
last contract amendment, the scope and cost of services have grown due to increased
programming demands, expanded maintenance responsibilities, and higher labor costs. In
response, DRD has submitted an updated Pricing Matrix (Exhibit B) that reflects revised labor
rates and materials costs.
Amendment No. 4 incorporates this new matrix, effective July 1, 2025, with a 2.5% increase
applied in each subsequent fiscal year. Acceptance of the updated matrix ensures that the City’s
reimbursement aligns with current service costs while mainta ining continuity in recreational
services. City staff will continue to monitor performance under the agreement and evaluate
potential cost adjustments as new park facilities are added in future years.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
265
City of Palm Desert
Amendment No. 4 to Contract No. C34210
Page 2 of 2
FINANCIAL IMPACT:
The Public Works Operations Budget for Fiscal Year (FY) 2025-26 includes a total of $755,000
in Account No. 1104610-4309200 (Civic Center Park / Professional - Contract), and Account No.
1104344-4309000 (Portola Community Center / Professional – Other) for reimbursement of
services pursuant to this contract. The increased cost labor costs passed thr ough to the City
take effect July 1, 2025. The operational costs beginning in FY 2025-26 are estimated as follows:
Services FY 2025/26 FY 2026/27 FY 2027/28 FY 2028/29 FY 2029/30
Estimated Cost for Service $689,191 $706,417 $724,076 $742,177 $760,732
Mileage Reimbursement $30,000 $30,000 $30,000 $30,000 $30,000
Average Cost for Materials $20,000 $20,000 $20,000 $20,000 $20,000
Total Estimated Cost $739,191 $756,417 $774,076 $792,177 $810,732
Sufficient funds have been budgeted for FY 2025-26; therefore, this action has no further impact
on the General Fund. Staff will budget accordingly for subsequent years during the annual
budget approval process, and adjust other expense accounts, if necessary, to help offset the
increase.
ATTACHMENTS:
1. Proposed Amendment No. 4
2. Proposed Exhibit B
266
Contract No. C32410
AMENDMENT NO. 4 TO THE AGREEMENT FOR CERTAIN PARK AND RECREATIONAL
SERVICES BETWEEN THE CITY OF PALM DESERT AND DESERT RECREATION DISTRICT
1. Parties and Date.
This Amendment No. 4 (“Amendment”) to the AGREEMENT FOR CERTAIN PARK AND
RECREATIONAL SERVICES is made and entered into as of this 11TH day of September, 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 DESERT RECREATION DISTRICT, a NONPROFIT
ORGANIZATION with its principal place of business at 45-305 OASIS STREET, INDIO, CA 92201,
“Vendor”. City and Vendor are sometimes individually referred to as “Party” and collectively as
“Parties.”
1.1 City Council Approval.
On February 22, 2018, City Council approved the award of this Agreement to the vendor
above.
2. Recitals.
The Parties entered into an agreement titled AGREEMENT FOR CERTAIN PARK AND
RECREATIONAL SERVICES dated February 22, 2018 (“Agreement”) for the purpose of retaining
the services of DESERT RECREATION DISTRICT.
Amendment Authority. This Amendment is authorized pursuant to Section 13 of the
Agreement.
3. Terms.
Amendment. The Agreement is hereby amended as follows:
EXHIBIT “B” – PRICING
MATRIX.
Exhibit “B” – Pricing Matrix is hereby deleted in its entirety and
replaced with revised Exhibit “B” – Pricing Matrix attached hereto
and incorporated herein by reference.
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 obligat ions 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]
267
Contract No. C32410
SIGNATURE PAGE TO AGREEMENT FOR CERTAIN PARK AND RECREATIONAL SERVICES
BY AND BETWEEN THE CITY OF PALM DESERT AND DESERT RECREATION DISTRICT
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 DESERT RECREATION DISTRICT
268
EXHIBIT B – PRICING MATRIX
Service 2025/2026 2026/2027 2027/2028 2028/2029 2029/2030
Park Attendant l $27.88 $28.58 $29.30 $30.04 $30.80
Park Attendant ll $43.69 $44.79 $45.91 $47.06 $48.24
Skate Park Recreation
Leader
$24.63 $25.25 $25.89 $26.54 $27.21
Supervising Park
Attendant
$46.49 $47.66 $48.86 $50.09 $51.35
Administrative Assistant $44.76 $45.88 $47.03 $48.21 $49.42
Senior Facility Attendant $26.01 $26.66 $27.33 $28.02 $28.72
Facilities Attendant $24.63 $25.25 $25.89 $26.54 $27.21
Service Annually 7/1/2025 7/1/2026 7/1/2027 7/1/2028 7/1/2029
Park Attendant l $155,292 $159,174 $163,153 $167,232 $171,413
Park Attendant ll $210,884 $216,156 $221,560 $227,099 $232,776
Skate Park Recreation
Leader
$98,470 $100,931 $103,454 $106,040 $108,691
Supervising Park
Attendant
$96,673 $99,089 $101,566 $104,105 $106,708
Administrative Assistant $95,150 $97,528 $99,966 $102,465 $105,027
Senior Facility Attendant $14,296 $14,653 $15,019 $15,394 $15,779
Facilities Attendant $18,426 $18,886 $19,358 $19,842 $20,338
Total $689,191 $706,417 $724,076 $742,177 $760,732
Mileage Reimbursement Rate
The average monthly milage is 3600. At the GSA rate of .70 per mile, the annual reimbursement is
estimated at $30,000 a year.
Materials and Supplies
The cost of materials has increased over the last two years. The average monthly expense is
approximately $1667.00., therefore the annual reimbursement is estimated at $20,000
Park Attendant ll
There are increased hours for Park Attendant ll , during busy season by 10 hours a week, for 6 months in
the evenings in order to fulfill contract obligations as all 16 sets of restrooms need to be washed out on
a daily basis.
Park Attendant l
There are increased hours for an additional Park Attendant 1 to monitor Hovely Soccer Park 20 hours a
week for 4 months.
269
270
Page 1 of 3
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 11, 2025
PREPARED BY: Shawn Muir, Community Services Manager
SUBJECT: AWARD MAINTENANCE SERVICES AGREEMENTS TO HORIZON
LIGHTING, INC., AND GA TECHNICAL SERVICES, INC., FOR ON-CALL
ELECTRICAL SERVICES (PROJECT NO. MPK00009)
RECOMMENDATION:
1. Award a Maintenance Service Agreement to Horizon Lighting, Inc., and GA Technical
Services, Inc., for on-call electrical services in the amount of $150,000 each, for a total not
to exceed $300,000 per fiscal year, for a three-year term with the option of 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, change orders, the two one-year
extensions, and any other documents necessary to effectuate the actions taken herewith.
4. Authorize National Community Renaissance of California, to enter on-call contract with
Horizon Lighting, Inc., and GA Technical Services, Inc., for on-call electrical services, on
behalf of the Palm Desert Housing Authority.
BACKGROUND/ANALYSIS:
The City of Palm Desert (City) maintains 15 parks and 13 city owned facilities. The Palm Desert
Housing Authority (Authority) maintains 15 affordable housing properties. Prompt attention to
electrical issues is crucial to mitigate risks, including equipment damage, property loss, fires from
overloaded circuits, or even electric shocks. Delayed repairs can lead to increased costs, facility
disruptions and higher expenses. By securing prompt and reliable as-needed general electrical
services, the City can achieve effective, efficient and safe operations.
The City typically contracts with at least two highly skilled vendors that provide on-call plumbing
services based on the level of need citywide and to have redundancy in case a vendor cannot
respond to a work request to support the maintenance and operation of City-owned buildings
and outdoor facilities. Typical services include troubleshooting and repairing wiring, converting
existing lighting systems (fluorescent, high-pressure sodium, and metal halide) to LED, replacing
lamps and fixtures, troubleshooting or replacing breakers, upgrading electrical panels, installing
splice boxes, adjusting light timers, conducting routine lighting inspections, providing small-scale
lighting designs, and repairing or rerouting conduit as needed.
Staff issued Request for Proposal No. 2025-RFP-196 through the City’s electronic bidding
platform, OpenGov, on July 8, 2025. The solicitation closed on August 11, 2025, with ten
proposals received. A selection committee (Committee) evaluated the proposals based on clarity
and conformance of the proposal to RFP requirements; quality and completeness of the work
plan; experience and performance of proposed team members; comments provided by
references; and fee proposals. The Committee ranked the proposals as follows:
271
City of Palm Desert
Award Contracts for On-Call Electrical Services
Page 2 of 3
Vendor Location Rank
Horizon Lighting, Inc. Indio, CA 1
GA Technical Services, Inc. Glendora, CA 2
AMTEK Construction Orange, CA 3
Urban Worx Construction, Inc. Palm Desert, CA 4
M. Brey Inc, dba MBE Construction Beaumont, CA 5
Socal Electrical and Lighting Inc Palm Desert, CA 6
Baker Electric & Renewables LLC Escondido, CA 7
Way Maker Services LLC Indio, CA 8
DDP Electric, Inc. Holtville, CA 9
Azdea Group Indio, CA 10
The two recommended firms received the highest overall rankings for proposal quality,
experience, references, and pricing, making them the most qualified to provide on -call electrical
services. Based on the Committee’s evaluation and the City’s experience, staff recommend
awarding a Maintenance Service Agreement to Horizon Lighting, Inc., and GA Technical
Services, Inc., for an initial three-year term, with the option to extend for two additional one -year
periods, subject to satisfactory performance and available funding. The proposed agreement is
for on-call services, which allows staff to request work quickly as part of the City’s day -to-day
business. The City also holds task-order-based contracts intended for larger
construction/installation projects.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
Appointed Body Recommendation:
The Housing Commission will consider recommendation of this item at its regular meeting on
September 10, 2025. Staff will be available to provide information regarding the Commission’s
recommendation at the City Council and Housing Authority Board Meeting on September 11,
2025.
FINANCIAL IMPACT:
Funds have been included in the approved Fiscal Year 2025 -26 Financial Plan under Public
Works and Authority Operations in the amount of $425,000 under various accounts for On-Call
Electrical Services.
For the Authority, funding is included within its approved operating budget, and expenses related
to Housing Authority properties will be charged to the appropriate Housing Authority accounts.
Therefore, there is no further financial impact to the General Fund.
The table below lists the some but not all the various accounts and funds available:
Description Account No. Budget Contract
Civic Center Park 1104610-4332100 $50,000
Tri-Cities Sports 1104610-4337100 $10,000
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Parks 1104611-4332501 $50,000
Medians 1104614-4332501 $30,000
Entrada Del Paseo 1104614-4392101 $40,000
Corporation Yard 1104330-4331000 $10,000
City Hall 1104340-4331000 $25,000
Portola Community Center 1104344-4331000 $5,000
Fire Stations 2304220-4331000 $25,000
Aquatic Center 2424549-4331101 $30,000
Desert Willow 4414195-4332000 $50,000
Government Bldgs 5104195-Multiple $50,000
Housing Properties 871xxxx-xxxx000 $50,000
**Horizon Lighting $150,000
**GA Technical Services $150,000
TOTAL $425,000 $300,000
**Current request
Although the amounts listed are intended to cover the costs, actual distribution will vary based on actual use.
Staff will continue to budget accordingly during the annual budget process to ensure adequate
funding in future fiscal years.
ATTACHMENTS:
1. Horizon Lighting Agreement
2. GA Technical Services Agreement
3. Horizon Lighting Payment and Performance Bonds
4. GA Technical Services Payment and Performance Bonds
5. Horizon Lighting Proposal
6. GA Technical Services Proposal
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CITY OF PALM DESERT AND PALM DESERT HOUSING AUTHORITY
MAINTENANCE SERVICES AGREEMENT
1. Parties and Date. This Agreement is made and entered into this 11th day of September,
2025, by and between the City of Palm Desert, a municipal corporation, or Palm Desert Housing
Authority, a public body, organized under the laws of the State of California with its principal place
of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, (“City”) and
Horizon Lighting, Inc., a Corporation, with its principal place of business at 43172 Madison
Street, Indio, CA 92201 ("Contractor"). The City and Contractor 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 Electrical Services
Project No. MPK00009
(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 2 additional one-year
terms. Contractor shall complete the Services within the term of this Agreement and shall meet
any other established schedules and deadlines. The Parties may, by mutual, written consent,
extend the term of this Agreement if necessary to complete the Services.
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3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine the
means, methods, and details of performing the Services subject to the requirements of this
Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Any personnel performing the Services under this Agreement on behalf of Contractor shall not be
employees of City and shall at all times be under Contractor’s exclusive direction and control.
Contractor shall pay all wages, salaries, and other amounts due such personnel in connection
with their performance of Services under this Agreement and as required by law. Contractor shall
be responsible for all reports and obligations respecting such additional personnel, including, but
not limited to social security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and
timely manner in accordance with 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 Shawn Muir, Community
Services Manager, or his or her designee, to act as its representative for the performance of this
Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf
of the City 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 Joel Hunter,
President, or his or her designee, to act as its representative for the performance of this
Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority
to represent and act on behalf of the Contractor for all purposes under this Agreement. The
Contractor’s Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means, methods, techniques, sequences, and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in
the performance of Services and shall be available to City’s staff, consultants, and other staff at
all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Contractor warrants that all employees and subcontractors
shall have sufficient skill and experience to perform the Services assigned to them. Finally,
Contractor represents that it, its employees, and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Services,
including a City Business License, and that such licenses and approvals shall be maintained
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throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and
without reimbursement from the City, any services necessary to correct errors or omissions which
are caused by the Contractor’s failure to comply with the standard of care provided for herein.
Any employee of the Contractor or its sub-contractors who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance. 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.
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3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer, and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination. Contractor shall comply with all relevant provisions of City’s Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in
effect or hereinafter enacted.
3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws,
rules and regulations in furnishing or using equipment and/or providing services, including, but
not limited to, emissions limits and permitting requirements imposed by the California Air
Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and
requirements’ application to “portable equipment”, which definition is considered by CARB to
include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against
any fines or penalties imposed by CARB or any other governmental or regulatory agency for
violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others
for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.5 Water Quality Management and Compliance. To the extent
applicable, Contractor’s Services must account for, and fully comply with, all local, state and
federal laws, rules and regulations that may impact water quality compliance, including, without
limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300);
the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency and the State Water Resources
Control Board; the City’s ordinances regulating discharges of storm water; and any and all
regulations, policies, or permits issued pursuant to any such authority regulating the discharge of
pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or
surface water in the State. Failure to comply with the laws, regulations and policies described in
this Section is a violation of law that may subject Contractor to penalties, fines, or additional
regulatory requirements.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Contractor’s
indemnification of City, and prior to commencement of the Services, Contractor shall obtain,
provide, and maintain at its own expense during the term of this Agreement, policies of insurance
of the type and amounts described below and in a form that is satisfactory to City.
(A) General Liability Insurance. Contractor shall maintain
commercial general liability insurance with coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must include
contractual liability that has not been amended. Any endorsement restricting standard ISO
“insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Contractor arising out of or in connection
with Work to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
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accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant
will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
(C) Umbrella or Excess Liability Insurance. Contractor may opt to
utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury, and property damage liability
coverage at least as broad as the primary coverages set forth above, including commercial
general liability and employer’s liability. Such policy or policies shall include the following terms
and conditions:
(a) A drop-down feature requiring the policy to
respond if any primary insurance that would
otherwise have applied proves to be uncollectible in
whole or in part for any reason;
(b) Pay on behalf of wording as opposed to
reimbursement;
(c) Concurrency of effective dates with primary
policies; and
(d) Policies shall “follow form” to the underlying
primary policies.
(e) Insureds under primary policies shall also be
insureds under the umbrella or excess policies.
(D) Workers’ Compensation Insurance. Contractor shall maintain
Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with
limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed
officers, and their respective agents, officials, employees, volunteers, and representatives.
(E) Fidelity Coverage. Reserved.
(F) Cyber Liability Insurance. Reserved.
(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
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property, which may arise from or in connection with the performance of the work hereunder by
Contractor, his/her agents, representatives, employees, or subconsultants.
(C) Primary/Non-Contributing. Coverage provided by Contractor
shall be primary and any insurance or self-insurance procured or maintained by City shall not be
required to contribute with it. The limits of insurance required herein may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary
and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance
shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of
insurance required under this Agreement does not comply with these specifications, or is
canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City wi ll
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 mainta ined
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
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for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(J) Additional Insured Status. General liability, automobile liability,
and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to
provide that the City, its elected or appointed officers, and their respective agents, officials,
employees, volunteers, and representatives, shall be additional insureds under such policies. This
provision shall also apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of the
coverages required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
(L) Separation of Insureds. A severability of interests provision must
apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to
each insured against whom claim is made or suit is brought, except with respect to the insurer’s
limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(M) Pass Through Clause. Contractor agrees to ensure that its sub-
consultants, sub-contractors, and any other party involved with the Project who is brought onto or
involved in the project by Contractor, provide the same minimum insurance coverage and
endorsements required of Contractor. Contractor agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contractor agrees that upon request, all agreements with
consultants, subcontractors, and others engaged in the Project will be submitted to City for review.
(N) City’s Right to Revise Specifications. The City or its Risk
Manager reserves the right at any time during the term of the contract to change the amounts and
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
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work and the conditions under which the work is to be performed. Safety precautions, where
applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.2.13 Bonds.
3.2.13.1 Performance Bond. If required by law or otherwise specifically
requested by City, 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, 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,
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documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.2.15 Work Sites.
3.2.15.1 Inspection of Site. Contractor shall visit sites where Services are
to be performed and shall become acquainted with all conditions affecting the Services prior to
commencing the Services. Contractor shall make such examinations as it deems necessary to
determine the condition of the work sites, its accessibility to materials, workme n 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
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replacements comply with the requirements of the Agreement. All costs associated with such
corrective actions and testing, including the removal, replacement, and reinstitution of equipment
and materials necessary to gain access, shall be the sole responsibility of the Contractor. All
warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any
portion of the work, whether express or implied, are deemed to be obtained by Contractor for the
benefit of the City, regardless of whether or not such warranties and guarantees have been
transferred or assigned to the City by separate agreement and Contractor agrees to enforce such
warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails
to perform its obligations under this Section, or under any other warranty or guaranty under this
Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and
replace any defective or non-conforming work and any work damaged by such work or the
replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to
fully reimburse the City for any expenses incurred hereunder upon demand.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in
Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall
not exceed One Hundred Fifty Thousand Dollars and 00/100 Dollars ($150,000.00) without
written approval of the City Council, Housing Authority, City Manager, or Executive Director, 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.
3.3.3 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 W ork. 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.
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3.3.6 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing
wage rates and the performance of other requirements on “public works” and “maintenance”
projects. If the Services are being performed as part of an applicable “public works” or
“maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is
$1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall
provide Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Contractor shall make copies of the prevailing rates of per
diem wages for each craft, classification or type of worker needed to execute the Services
available to interested parties upon request and shall post copies at the Contractor’s principal
place of business and at the Project site. Contractor shall defend, indemnify, and hold the City,
its elected or appointed officers, and their respective agents, officials, employees, volunteers and
representatives free and harmless from any claim or liability arising out of any 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.
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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.
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: Horizon Lighting, Inc.
43172 Madison St.
Indio, CA
ATTN: Joel Hunter, President
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 f alse, fraudulent, or groundless, to property or
persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining
to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials,
officers, employees, subcontractors, consultants or agents in connection with the performance of
the Services, the Project or this Agreement, including without limitation the payment of all expert
witness fees, attorneys’ fees and other related costs and expenses except such Claims caused
by the sole or active negligence or willful misconduct of the City.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with
counsel of City’s choosing and at Contractor’s own cost, expense, and risk, any and all Claims
covered by this section that may be brought or instituted against the City, its elected or appointed
officers, and their respective agents, officials, employees, volunteers and representatives . In
addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered
against the City, its elected or appointed officers, and their respective agents, officials, employees,
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volunteers, and representatives as part of any such claim, suit, action, or other proceeding.
Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or
appointed officers, and their respective agents, officials, employees, volunteers, and
representatives as part of any such claim, suit, action, or other proceeding. Such reimbursement
shall include payment for City’s attorney’s fees and costs, including expert witness fees.
Contractor shall reimburse the City, its elected or appointed officers, and their respective agents,
officials, employees, volunteers, and representatives, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and
shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its
elected or appointed officers, and their respective agents, officials, employees, volunteers, and
representatives.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall
be governed by the laws of the State of California. Venue shall be in Riverside County. In addition
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.
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3.5.9 Amendment; Modification. No supplement, modification or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel or otherwise.
3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in
Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed
by the Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not
paid, nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer, or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings, or agreements. This Agreement may only be modified by a writing signed by both
parties.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT AND THE PALM DESERT HOUSING
AUTHORITY AND HORIZON LIGHTING, 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
HORIZON LIGHTING, INC., A
CORPORATION
Contractor’s License
if applicable
City Clerk QC: _____
Contracts QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
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EXHIBIT “A”
SCOPE OF SERVICES
The scope of services include repairs, replacement and installation of electrical
components, including but not limited to, the following: troubleshooting wiring problems,
light conversion from fluorescent, high pressure sodium and/or metal halide to LED,
replacing lamps/bulbs, installing new light fixtures such as pedestal lights,
troubleshooting/ repair or replace breakers, upgrading electrical panels, installing splice
boxes, adjusting timers to reflect standard time or daylight savings time. The scope o f
services may also include, but is not limited to, the following: changing light timers, light
checks, small scale lighting designs, repair or rerouting conduit.
The Contractor will be required to provide all necessary vehicles, tools, equipment, and
materials to perform the Services.
The Contractor will be required to perform Services at a negotiated hourly rate based on
established hourly rates for contractor equipment and personnel, plus established mark -
up for furnished equipment and materials. Prevailing wage rates are required.
The Contractor shall provide personnel qualified to perform the Services outlined in this
RFP and Agreement.
The Contractor shall provide:
• 24-hour emergency service
• Dispatch 24 hours per day
• Emergency Two (2)-hour call back response
• Standard, Non-Emergency work 48-hour call back response.
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EXHIBIT “B”
SCHEDULE OF SERVICES
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 2 additional one-year terms. Contractor shall complete
the Services within the term of this Agreement and shall meet any other established schedules
and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if
necessary to complete the Services.
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EXHIBIT “C”
COMPENSATION
The total annual compensation shall not exceed $150,000 per fiscal year and may only be
adjusted for Consumer Price Index for all Urban Consumers (CPI -U) for the Riverside-San
Bernardino Ontario, CA Region rate for the 12-month period ending May, with written approval
from the City Council or City Manager following FY 2025-26, as applicable. Payment and
Performance Bonds apply and will follow after the compensation.
*Parts to be paid at cost noted on submitted receipt(s) plus an allowable mark -up of 15%
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CITY OF PALM DESERT AND PALM DESERT HOUSING AUTHORITY
MAINTENANCE SERVICES AGREEMENT
1. Parties and Date. This Agreement is made and entered into this 11th day of September,
2025, by and between the City of Palm Desert, a municipal corporation, or Palm Desert Housing
Authority, a public body, 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 GA
Technical Services, Inc., an S Corporation, with its principal place of business at 1157 East
Arrow Highway, Suite 2, Glendora, CA 91740 ("Contractor"). The City and Contractor 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 Electrical Services Project
Project No. MPK00009
(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 2 additional one-year
terms. Contractor shall complete the Services within the term of this Agreement and shall meet
any other established schedules and deadlines. The Parties may, by mutual, written consent,
extend the term of this Agreement if necessary to complete the Services.
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3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine the
means, methods, and details of performing the Services subject to the requirements of this
Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Any personnel performing the Services under this Agreement on behalf of Contractor shall not be
employees of City and shall at all times be under Contractor’s exclusive direction and control.
Contractor shall pay all wages, salaries, and other amounts due such personnel in connection
with their performance of Services under this Agreement and as required by law. Contractor shall
be responsible for all reports and obligations respecting such additional personnel, including, but
not limited to social security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and
timely manner in accordance with 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 Shawn Muir, Community
Services Manager, or his or her designee, to act as its representative for the performance of this
Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf
of the City 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 Frank
Cervantes, President, or his or her designee, to act as its representative for the performance of
this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full
authority to represent and act on behalf of the Contractor for all purposes under this Agreement.
The Contractor’s Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means, methods, techniques, sequences, and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in
the performance of Services and shall be available to City’s staff, consultants, and other staff at
all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Contractor warrants that all employees and subcontractors
shall have sufficient skill and experience to perform the Services assigned to them. Finally,
Contractor represents that it, its employees, and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Services,
including a City Business License, and that such licenses and approvals shall be maintained
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throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and
without reimbursement from the City, any services necessary to correct errors or omissions which
are caused by the Contractor’s failure to comply with the standard of care provided for herein.
Any employee of the Contractor or its sub-contractors who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance. 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.
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3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer, and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination. Contractor shall comply with all relevant provisions of City’s Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in
effect or hereinafter enacted.
3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws,
rules and regulations in furnishing or using equipment and/or providing services, including, but
not limited to, emissions limits and permitting requirements imposed by the California Air
Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and
requirements’ application to “portable equipment”, which definition is considered by CARB to
include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against
any fines or penalties imposed by CARB or any other governmental or regulatory agency for
violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others
for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.5 Water Quality Management and Compliance. To the extent
applicable, Contractor’s Services must account for, and fully comply with, all local, state and
federal laws, rules and regulations that may impact water quality compliance, including, without
limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300);
the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency and the State Water Resources
Control Board; the City’s ordinances regulating discharges of storm water; and any and all
regulations, policies, or permits issued pursuant to any such authority regulating the discharge of
pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or
surface water in the State. Failure to comply with the laws, regulations and policies described in
this Section is a violation of law that may subject Contractor to penalties, fines, or additional
regulatory requirements.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Contractor’s
indemnification of City, and prior to commencement of the Services, Contractor shall obtain,
provide, and maintain at its own expense during the term of this Agreement, policies of insurance
of the type and amounts described below and in a form that is satisfactory to City.
(A) General Liability Insurance. Contractor shall maintain
commercial general liability insurance with coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must include
contractual liability that has not been amended. Any endorsement restricting standard ISO
“insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Contractor arising out of or in connection
with Work to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
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accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant
will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
(C) Umbrella or Excess Liability Insurance. Contractor may opt to
utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury, and property damage liability
coverage at least as broad as the primary coverages set forth above, including commercial
general liability and employer’s liability. Such policy or policies shall include the following terms
and conditions:
(a) A drop-down feature requiring the policy to
respond if any primary insurance that would
otherwise have applied proves to be uncollectible in
whole or in part for any reason;
(b) Pay on behalf of wording as opposed to
reimbursement;
(c) Concurrency of effective dates with primary
policies; and
(d) Policies shall “follow form” to the underlying
primary policies.
(e) Insureds under primary policies shall also be
insureds under the umbrella or excess policies.
(D) Workers’ Compensation Insurance. Contractor shall maintain
Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with
limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed
officers, and their respective agents, officials, employees, volunteers, and representatives.
(E) Fidelity Coverage. Reserved.
(F) Cyber Liability Insurance. Reserved.
(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 perf ormance. 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
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property, which may arise from or in connection with the performance of the work hereunder by
Contractor, his/her agents, representatives, employees, or subconsultants.
(C) Primary/Non-Contributing. Coverage provided by Contractor
shall be primary and any insurance or self-insurance procured or maintained by City shall not be
required to contribute with it. The limits of insurance required herein may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary
and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance
shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of
insurance required under this Agreement does not comply with these specifications, or is
canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will
withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City
may cancel this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by
an insurance company currently authorized by the Insurance Commissioner to transact business
of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger)
in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by
the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its
elected or appointed officers, and their respective agents, officials, employees, volunteers, and
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 mainta ined
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
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for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(J) Additional Insured Status. General liability, automobile liability,
and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to
provide that the City, its elected or appointed officers, and their respective agents, officials,
employees, volunteers, and representatives, shall be additional insureds under such policies. This
provision shall also apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of the
coverages required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
(L) Separation of Insureds. A severability of interests provision must
apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to
each insured against whom claim is made or suit is brought, except with respect to the insurer’s
limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(M) Pass Through Clause. Contractor agrees to ensure that its sub-
consultants, sub-contractors, and any other party involved with the Project who is brought onto or
involved in the project by Contractor, provide the same minimum insurance coverage and
endorsements required of Contractor. Contractor agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contractor agrees that upon request, all agreements with
consultants, subcontractors, and others engaged in the Project will be submitted to City for review.
(N) City’s Right to Revise Specifications. The City or its Risk
Manager reserves the right at any time during the term of the contract to change the amounts and
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
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work and the conditions under which the work is to be performed. Safety precautions, where
applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.2.13 Bonds.
3.2.13.1 Performance Bond. If required by law or otherwise specifically
requested by City, 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, 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,
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documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.2.15 Work Sites.
3.2.15.1 Inspection of Site. Contractor shall visit sites where Services are
to be performed and shall become acquainted with all conditions affecting the Services prior to
commencing the Services. Contractor shall make such examinations as it deems necessary to
determine the condition of the work sites, its accessibility to materials, workme n 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
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replacements comply with the requirements of the Agreement. All costs associated with such
corrective actions and testing, including the removal, replacement, and reinstitution of equipment
and materials necessary to gain access, shall be the sole responsibility of the Contractor. All
warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any
portion of the work, whether express or implied, are deemed to be obtained by Contractor for the
benefit of the City, regardless of whether or not such warranties and guarantees have been
transferred or assigned to the City by separate agreement and Contractor agrees to enforce such
warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails
to perform its obligations under this Section, or under any other warranty or guaranty under this
Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and
replace any defective or non-conforming work and any work damaged by such work or the
replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to
fully reimburse the City for any expenses incurred hereunder upon demand.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in
Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall
not exceed One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) without written
approval of the City Council, Housing Authority, City Manager, or Executive Director, 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.
3.3.3 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.
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3.3.6 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing
wage rates and the performance of other requirements on “public works” and “maintenance”
projects. If the Services are being performed as part of an applicable “public works” or
“maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is
$1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall
provide Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Contractor shall make copies of the prevailing rates of per
diem wages for each craft, classification or type of worker needed to execute the Services
available to interested parties upon request and shall post copies at the Contractor’s principal
place of business and at the Project site. Contractor shall defend, indemnify, and hold the City,
its elected or appointed officers, and their respective agents, officials, employees, volunteers and
representatives free and harmless from any claim or liability arising out of any 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.
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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.
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: GA Technical Services, Inc.
1157 E Arrow Hwy, Ste 2
Glendora, CA 91740
ATTN: Frank Cervantes
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 f alse, fraudulent, or groundless, to property or
persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining
to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials,
officers, employees, subcontractors, consultants or agents in connection with the performance of
the Services, the Project or this Agreement, including without limitation the payment of all expert
witness fees, attorneys’ fees and other related costs and expenses except such Claims caused
by the sole or active negligence or willful misconduct of the City.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with
counsel of City’s choosing and at Contractor’s own cost, expense, and risk, any and all Claims
covered by this section that may be brought or instituted against the City, its elected or appointed
officers, and their respective agents, officials, employees, volunteers and representatives . In
addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered
against the City, its elected or appointed officers, and their respective agents, officials, employees,
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volunteers, and representatives as part of any such claim, suit, action, or other proceeding.
Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or
appointed officers, and their respective agents, officials, employees, volunteers, and
representatives as part of any such claim, suit, action, or other proceeding. Such reimbursement
shall include payment for City’s attorney’s fees and costs, including expert witness fees.
Contractor shall reimburse the City, its elected or appointed officers, and their respective agents,
officials, employees, volunteers, and representatives, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and
shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its
elected or appointed officers, and their respective agents, officials, employees, volunteers, and
representatives.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall
be governed by the laws of the State of California. Venue shall be in Riverside County. In addition
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.
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3.5.9 Amendment; Modification. No supplement, modification or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel or otherwise.
3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in
Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed
by the Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not
paid, nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer, or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings, or agreements. This Agreement may only be modified by a writing signed by both
parties.
[SIGNATURES ON NEXT PAGE]
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Contract No. ___________
15
Revised 01-2024
BBK 72500.00001\32374915.1
SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT AND THE PALM DESERT HOUSING
AUTHORITY AND GA TECHNICAL SERVICES, 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
GA TECHNICAL SERVICES, INC., AN S
CORPORATION
Contractor’s License Number and
if applicable
City Clerk QC: _____
Contracts QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
307
(BB&K 2019)
72500.00001\32374943.1
EXHIBIT “A”
SCOPE OF SERVICES
The scope of services include repairs, replacement and installation of electrical
components, including but not limited to, the following: troubleshooting wiring problems,
light conversion from fluorescent, high pressure sodium and/or metal halide to LED,
replacing lamps/bulbs, installing new light fixtures such as pedestal lights,
troubleshooting/ repair or replace breakers, upgrading electrical panels, installing splice
boxes, adjusting timers to reflect standard time or daylight savings time. The scope of
services may also include, but is not limited to, the following: changing light timers, light
checks, small scale lighting designs, repair or rerouting conduit.
The Contractor will be required to provide all necessary vehicles, tools, equipment, and
materials to perform the Services.
The Contractor will be required to perform Services at a negotiated hourly rate based on
established hourly rates for contractor equipment and personnel, plus esta blished mark-
up for furnished equipment and materials. Prevailing wage rates are required.
The Contractor shall provide personnel qualified to perform the Services outlined in this
RFP and Agreement.
The Contractor shall provide:
• 24-hour emergency service
• Dispatch 24 hours per day
• Emergency Two (2)-hour call back response
• Standard, Non-Emergency work 48-hour call back response.
308
(BB&K 2019)
72500.00001\32374943.1
EXHIBIT “B”
SCHEDULE OF SERVICES
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 2 additional one-year terms. Contractor shall complete
the Services within the term of this Agreement and shall meet any other established schedules
and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if
necessary to complete the Services.
309
Contract No. ___________
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT “C”
COMPENSATION
The total annual compensation shall not exceed $150,000 per fiscal year and may only be
adjusted for Consumer Price Index for all Urban Consumers (CPI-U) for the Riverside-San
Bernardino Ontario, CA Region rate for the 12-month period ending May, with written approval
from the City Council or City Manager following FY 2025-26, as applicable. Payment and
Performance Bonds apply and will follow after the compensation.
*Parts to be paid at cost noted on submitted receipt(s) plus an allowable mark -up of 15%
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Contract No. ___________
Exhibit “C”
Revised 11-2-20
BBK 72500.00001\32374915.1
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded
to Horizon Lighting, Inc., (hereinafter referred to as the “Contractor”) an agreement for On-Call
Electrical Services (Project No. MPK00009) (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 September 11, 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, Horizon Lighting, Inc., the undersigned Contractor and
_____________________________________________ as Surety, a corporation organized and
duly authorized to transact business under the laws of the State of California, are held and firmly
bound unto the City in the sum of One Hundred Fifty Thousand Dollars, ($150,000), 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 a nd totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship,
Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder
shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s
rights or the Contractor or Surety’s obligations under the Contract, law, or equity, including, but
not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or
shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the
Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
311
Contract No. ___________
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term
“balance of the contract price” as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California
and federal law and make available as work progresses sufficient funds to pay the
cost of completion of the Project, less the balance of the contract price, including
other costs and damages for which Surety may be liable. The term “balance of the
contract price” as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any
amount previously paid by the City to the Contractor and any other set offs
pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which
may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid
from Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City’s objection to Contractor’s further participation in the completion of the
Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract Documents or 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]
312
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.
313
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
314
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
315
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 September 11, 2025, has awarded to Horizon Lighting, Inc., hereinafter
designated as the “Principal,” a contract for the work described as follows:
On-Call Electrical Services (Project No. MPK00009) (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 September 11, 2025, (“Contract Documents”), the
terms and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the Surety
on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety,
are held and firmly bound unto the City in the penal sum of One Hundred Fifty Thousand Dollars,
($150,000) 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
relating to any scheme or work of improvement herein above described, nor by any rescission or
316
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]
317
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.
318
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
319
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
320
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 GA Technical Services, Inc., (hereinafter referred to as the “Contractor”) an agreement for On-
Call Electrical Services (Project No. MPK00009) (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 September 11, 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, GA Technical Services, Inc., the undersigned Contractor and
_____________________________________________ as Surety, a corporation organized and
duly authorized to transact business under the laws of the State of California, are held and firmly
bound unto the City in the sum of One Hundred Fifty Thousand Dollars, ($150,000), 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 a nd totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship,
Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder
shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s
rights or the Contractor or Surety’s obligations under the Contract, law, or equity, including, but
not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or
shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the
Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
321
Contract No. ___________
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term
“balance of the contract price” as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California
and federal law and make available as work progresses sufficient funds to pay the
cost of completion of the Project, less the balance of the contract price, including
other costs and damages for which Surety may be liable. The term “balance of the
contract price” as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any
amount previously paid by the City to the Contractor and any other set offs
pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which
may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid
from Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City’s objection to Contractor’s further participation in the completion of the
Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract Documents or 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]
322
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.
323
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
324
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
325
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 September 11, 2025, has awarded to GA Technical Services, Inc.,
hereinafter designated as the “Principal,” a contract for the work described as follows:
On-Call Electrical Services (Project No. MPK00009) (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 September 11, 2025, (“Contract Documents”), the
terms and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the Surety
on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety,
are held and firmly bound unto the City in the penal sum of One Hundred Fifty Thousand Dollars,
($150,000) 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
relating to any scheme or work of improvement herein above described, nor by any rescission or
326
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]
327
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.
328
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
329
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
330
City of Palm Desert
PW - Operations & Maintenance
Randy Chavez, Director of Public Works
73-510 Fred Waring Drive, Palm Desert, CA 92260
[HORIZON LIGHTING INC] RESPONSE DOCUMENT REPORT
RFP No. 2025-RFP-196
On-Call Electrical Services
RESPONSE DEADLINE: August 11, 2025 at 2:00 pm
Report Generated: Thursday, August 14, 2025
Horizon Lighting Inc Response
CONTACT INFORMATION
Company:
Horizon Lighting Inc
Email:
amorales@horizonlightinginc.com
Contact:
Adam Morales
Address:
43172 Madison St
Indio, CA 92201
Phone:
(760) 636-8453
Website:
horizonlightinginc.com
Submission Date:
Aug 11, 2025 12:18 PM (Pacific Time)
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Page 2
ADDENDA CONFIRMATION
No addenda issued
QUESTIONNAIRE
1. Proposal (WITHOUT COST)*
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organ ized and
include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include:
1. Cover Letter
A. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of
the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone
number authorized to negotiate Agreement terms and compensation.
2. Experience and Technical Competence
A. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s
experience with similar Service as described in this RFP.
B. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this
RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact
person.
3. Firm Staffing and Key Personnel
A. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as
well as your firm’s capacity to provide additional personnel as needed.
B. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and
responsibility of each individual.
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Page 3
C. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel.
D. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor
that is anticipated to perform each function.
4. Proposed Method to Accomplish the Work
A. Describe the technical and management approach to providing the Services to the City. Proposer should take into account
the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and
deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described
herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the
discussion of its proposed method to accomplish the work.
City_of_Palm_Desert_bid_-_ON_CALL_SERVICES.pdf
Horizon_Lighting_Hourly_Pricing_List..pdf
2. Non-Collusion Declaration*
The undersigned declares:
I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organizat ion, or
corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited a ny other Bidder
to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone
else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, prof it, or cost
element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or
indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
333
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Page 4
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company,
limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does exec ute, this
declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Confirmed
3. Enter your valid CA Contractors State License Board (CSLB) number*
Please enter your License Number here. This will be verified against the state database.
877805
Click to Verify Value will be copied to clipboard
4. 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.
1001082250
Click to Verify Value will be copied to clipboard
5. Type of Business*
C Corporation (if corporation, two signatures are required)
6. Litigation*
Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5)
years (or type "N/A").
N/A
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Page 5
7. Changes to Agreement*
The City and Authority standard professional services agreement contract is included as an attachment herein. The Proposer sh all
identify any objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If
you are identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may
effect the City and Authority's decision to enter into an Agreement.
N/A
8. No Deviations from the RFP*
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, b ut not limited
to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason f or rejection of the
proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification
provisions therein (or type "N/A").
Maximum response length: 5000 characters
N/A
9. Project Team Resumes*
Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualificati ons,
education, and professional licensing.
N.docx
10. List the Signatory(s) Authorized to Sign and Bind an Agreement.*
(If two (2) signatures are required, include the following information for both signatories)
1. Full Name
2. Title
3. Physical Business Address
4. Email Address
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5. Phone Number
Corporation (C-Corp, S,B, Stock etc.): Requires two signatures—both from authorized officers (e.g., President, Vice President,
Secretary, or Treasurer). If signing authority is not held by a President, Vice President, Treasurer, or Secretary, a Corporate Resolution
or Article of Authority is needed to verify the signer’s authorization.
LLC: Usually requires one signature from an authorized member or manager. For significant contracts (e.g., over $50,000 for
construction or over $25,000 for service agreements), additional approvals or signatures may be required.
Sole Proprietorship, Non-Profit, Single LLC: Only the one signature is necessary.
Joel Hunter: President; jhunter@horizonlightinginc.com; (949) 336-4336; 2351 McGaw Ave. Irvine Ca 92614
Ed Hunter: CEO; ehl@horizonlightinginc.com; (760) 776-1777; 43172 Madison St. Indio Ca 92201
William Duffy: Vice President; bill@horizonlightinginc.com; (949) 751-9508; 2351 McGaw Ave. Irvine Ca 92614
11. Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accord ance
with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.*
Confirmed
PRICE TABLES
HOURLY RATES
Line Item Description Unit of Measure Unit Cost
1 Supervisor/Foreman - Standard Rate Hour $99.95
2 Supervisor/Foreman - Emergency/After-Hours Rate Hour $149.95
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Page 7
Line Item Description Unit of Measure Unit Cost
3 Supervisor/Foreman - Weekend/Holiday Rate Hour $149.95
4 Journeyman - Standard Rate Hour $99.95
5 Journeyman - Emergency/After-Hours Rate Hour $149.95
6 Journeyman - Weekend/Holiday Rate Hour $149.95
7 Apprentice - Standard Rate Hour $99.95
8 Apprentice - Emergency/After-Hours Rate Hour $149.95
9 Apprentice - Weekend/Holiday Rate Hour $149.95
10 Laborer - Standard Rate Hour $99.95
11 Laborer - Emergency/After-Hours Rate Hour $149.95
12 Laborer - Weekend/Holiday Rate Hour $149.95
337
Electrical • Repair • Maintenance
Serving all Southern California • PH (760) 776-1777 • www.HorizonLightingInc.Com • Lic. #877805
Horizon Lighting Corporate Information
Legal Name: Horizon Lighting, Inc.
dba: Horizon Lighting
Telephone: 760-776-1777
Business Practice: Lighting and Electrical
Contractor’s License: 877805
Local Office of Service: 43172 Madison Street,
Indio, CA 92201
County: Riverside
Corporate Office/Billing Address: 2351 McGaw
Irvine, Ca. 92614
County: Orange
CA State Corp. Number: C2861098
Federal I.D. Number: 20-4617060
State I.D. Number 26393116
Business is a Corporation: In business since April 1993
Incorporated March 28, 2006
Pointe of Contact: Adam Morales
Amorales@horizonlightinginc.com
760-636-8453
Please note, all information and pricing provided in this proposal is valid for ninety (90) days and any individual who will
perform work for the City is free of any conflict of interest.
__________________________________________ ____________________
Joel Hunter Date
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STATEMENT OF QUALIFICATIONS
a.) We have served the Coachella Valley for over 15 years and are a proud vendor for several local Cities. We are
backed with over 30 years in experience in all things lighting and electrical. From new street pole lights
installations to back-up generators to full new construction, we do it all from top to bottom. At Horizon
Lighting, Inc, we take pride in our high-quality service, knowledgeable team members and complete customer
satisfaction. We strive to provide cost-effective solutions that assist our customers in achieving their lighting and
electrical goals while eliminating and safety and/or liabilities as needed. We prioritize providing long-term cost-
effective solutions for our customers’ lighting and electrical needs and safety while delivering prompt, honest,
dependable, and quality service across the board. We offer a wide range of services, catering to any of your
lighting and electrical needs. We offer lighting maintenance, LED conversions/upgrades, new lighting
installation, meter pedestal/panel replacements, pole light replacements, infrared panel inspections, ultrasonic
pole testing, complete underground replacement, new cement footings, panel upgrades, photometric study for
new light pole fixture installations/upgrades and service on existing lighting/electrical...you name it! Please note,
pricing per service varies per location due to quantities, requirements, etc. The primary contact for Hoizon
Lighting is Adam Morales. He has been an employee at Horzion Lighting for apoximatly eight (8) years, working
closly with multiple departments and Employees at the City of Palm Desert during these eight years. Adam
Morales can be reached on his cell (760)625-5142 or on his email amorales@horizonlightinginc.com.
We are a C-10 Licensed, bonded and insured lighting and electrical contractor servicing Orange County, Palm Desert, Los
Angeles, San Diego, San Francisco and our newest location in Corona. Maintain a staff that includes but is not limited to
lighting technicians, journeymen, electricians, laborers, boom operators, forklifts operators and a full new construction
division.
b.) Horizon Lighting uses Horizon owned and operated service vans; Horizon Lighting owed and operated service
body trucks; Horizon Lighting owned and operated service boom trucks and boom vans; Horizon Lighting owned
and operated ladders, safety equipment, harnesses, cones, emergency flashers, traffic signs, NEC electrical tools,
testers, etc. Equipment rentals required may include but are not limited to special order scissor lifts, special
order articulating lifts, special order telehandlers, towable lights towers, back-up generators, etc.
339
Electrical • Repair • Maintenance
Serving all Southern California • PH (760) 776-1777 • www.HorizonLightingInc.Com • Lic. #877805
Proposed Method to Accomplish the Work
Our technician will touch base with the assigned City representative to discuss any areas of concern or any reported
areas that may require immediate attention. Our goal is to address any/all lighting issues in a timely fashion to eliminate
and safety/liabilities while still maintaining the ambiance of the City. All outages are deemed a high priority however we
will seek direction from the assigned City representative and move forward based on the City’s needs first, standard
repairs second. While lighting maintenance service is performed at the location outlined and listed per the contract, we
will inspect for future outages and lighting adjustments needed. We will be attentive to large outages, broken fixtures,
exposed electrical components, etc. As repairs are completed, fixtures will be cleaned of debris and tested to confirm
proper operation prior to departure. In the event a fixture or lighting component is damaged beyond repair or
considered "aged," we will submit our recommendation for replacement. Fixture replacement recommendations and
cost-effective options will be discussed with the assigned City representative prior to commencement of any scopes of
work via a job walk. This will allow for a clear understanding of the City’s goals in relation to energy efficiency,
consistency and lighting upgrades/improvements
While service is in progress, our technicians internally provide a detailed scope of the work performed, material utilized
and a marked map of the location in which the work was performed. We utilize internal custom maps to detail the work
performed and materials utilized. A marked map of all the locations in which service is performed is provided with our
electronic invoice. Our technicians complete all their paperwork and updates electronically via smart phone through our
custom system tailored to our lighting and electrical services. In addition, this allows them to have any special location
notes and lighting control information needed readily available when dispatched to provide exceptional service on each
location / job site every time.
First year Schedule:
Many of the City of Palm Deserts city owned and operated locations require upgrades to LED, electrical panels, EV
chargers, back-up generators, trouble shooting of circuits, timer and photocell upgrades and overall general
maintenance. With the City's approval, we will continue executing projects and upgrades that maximize the budget’s
impact, delivering long-term, maintenance-free solutions with every initiative we lead. As new and improved technology
is available we will ensure we are aware and educated to provide the best solutions for each scope of work.
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STAFFING AND PROJECT ORGANIZATION
OCCUPATION/TITLE: ELECTRICAL - Bill Duffy, VP
OCCUPATION/TITLE: ELECTRICAL – Robert Arganda, Operations Manager
OCCUPATION/TITLE: ELECTRICAL/LIGHTING – Indio Branch Manager, Joel Montano
OCCUPATION/TITLE: LIGHTING – Adam Morales, Sales and Design Representative (Designated Administrator)
OCCUPATION/TITLE: LIGHTING – Abram Morales, Field Lighting Technician
OCCUPATION/TITLE: LIGHTING – Bernardo Romero, Field Lighting Technician
OCCUPATION/TITLE: LIGHTING –David Johnson, Field Lighting Technician
OCCUPATION/TITLE: LIGHTING – Hector Urrea, Field Lighting Technician
OCCUPATION/TITLE: ELECTRICAL – FIELD ELECTRCIAN – Ruben Herrera, Field Electrician
OCCUPATION/TITLE: ELECTRICAL – FIELD ELECTRCIAN – Edgar Valencia, Field Electrician
OCCUPATION/TITLE: OFFICE/CUSTOMER SERVICE –Melissa Ureta, Customer Service Agent
ADDITIONAL COMMENTS: We have a full staff available to assist with any of your lighting and electrical repairs or
projects and offer 24/7 service.
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CONTRACTORS BACKGROUND AND EXPERIENCE
a.) 30 years in business
b.) Horizon Lighting DIR number: 1001082250 Ex: 6/30/2028
CA State Corp. Number: C2861098
Federal I.D. Number: 20-4617060
State I.D. Number 26393116
c.) N/A
d.) Incorporated in California on March 28, 2006
REFERENCES
City of Palm Desert
Kevin Swartz
Fire Station #71 Back-up Generator and Transfer Switch Replacement
Start Date: 10/11/23
Completion: 11/28/23
3 Man Crew, Branch Manager & Sales
City of Palm Desert
Cyril Snake/Efren Espinoza
Corporate yard/Maintenance Facility Back-up Generator Replacement
Start Date: 04/02/24
Completion: 05/08/24
3 Man Crew, Branch Manager & Sales
City of Palm Desert
Kevin Swartz
Fire Station #33 High Bay LED Conversion
Start Date: 06/09/23
Completion: 06/09/23
2 Man Crew
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Electrical • Repair • Maintenance
Serving all Southern California • PH (760) 776-1777 • www.HorizonLightingInc.Com • Lic. #877805
REFERENCES CONTINUED…
City of San Bernardino
Ernesto Salinas
Fiscalini Park Score Board Panel/Power Upgrades & LED Area Lighting
Score Board & Panel Start Date: 01/15/25
Score Board & Panel Completion: 01/16/25
LED Lighting Start Date: 01/29/25
LED Lighting Completion: 01/30/25
2 Man Crew
City of Palm Springs
Kenneth Kershaw
Demuth Baseball Field Lighting
Start Date: 05/26/21
Completion Date: 05/28/21
2 Man Crew
County of Santa Clara
Jason Dorsey
Santa Clara Valley Medical Center – (253) Recessed Can Light Replacement
Start: 09/19/25
Completion: 11/1/25
2 Man Crew
City of Irvine
Mike Dunn
One Civic Center Plaza
Lighting Maintenance for all trails and pathways
1 Man Crew
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Serving all Southern California • PH (760) 776-1777 • www.HorizonLightingInc.Com • Lic. #877805
OFFICE OF SERVICE INFORMATION
Horizon Lighting, Inc. - Indio Branch
43172 Madison Street, Indio, CA 92201
P: 760-776-1777
24/7: 760-776-1777
Point of Contact: Adam Morales
Amorales@horizonlightinginc.com
Alternate Point of Contact: Joel Montano
P: 949-473-3124
Indio Branch Service Region: Imperial County, Coachella Valley to Calimesa
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Serving all Southern California • PH (877) HORIZON (467-4966) • www.HorizonLightingInc.Com • Lic. #877805
PRICE LIST AND/OR FEE SCHEDULE
PERSONNEL
Position: Prevailing Wage Electrician/ Regular Hourly Rates $ 209.95 per hour/ $99.95 per hour
Position: Prevailing Wage Supervisor / Regular Hourly Rates $ 209.95 per hour/ $99.95 per hour
Position: Prevailing Wage Laborer/ Regular Hourly Rates $ 199.95 per hour/ $99.95 per hour
Position: Prevailing Wage Journeyman/ Regular Hourly Rates $ 209.95 per hour/ $99.95 per hour
Hourly Rate: $99.95 per hour
Same Day Hourly Rate: $119.95 per hour
Emergency / After Hour/ Weekend Hourly Rate: $149.95 per hour
EQUIPMENT RENTALS
Equipment rentals required may include but are not limited to special order scissor lifts, special order articulating lifts,
special order telehandlers, towable lights towers, back-up generators, etc.
Required equipment to be determined. Daily/Weekly rates vary and are subject to change. Rates to be provided on a
case-by-case basis as needed.
345
N/A
346
City of Palm Desert
PW - Operations & Maintenance
Randy Chavez, Director of Public Works
73-510 Fred Waring Drive, Palm Desert, CA 92260
[GA TECHNICAL SERVICES, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2025-RFP-196
On-Call Electrical Services
RESPONSE DEADLINE: August 11, 2025 at 2:00 pm
Report Generated: Thursday, August 14, 2025
GA Technical Services, Inc. Response
CONTACT INFORMATION
Company:
GA Technical Services, Inc.
Email:
adriana.cervantes@gatechservices.com
Contact:
Adriana Cervantes
Address:
1157 E Arrow Hwy, Ste 2
Glendora, CA 91740
Phone:
N/A
Website:
https://www.gatechservices.com
Submission Date:
Aug 11, 2025 11:09 AM (Pacific Time)
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Page 2
ADDENDA CONFIRMATION
No addenda issued
QUESTIONNAIRE
1. Proposal (WITHOUT COST)*
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organ ized and
include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include:
1. Cover Letter
A. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of
the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone
number authorized to negotiate Agreement terms and compensation.
2. Experience and Technical Competence
A. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s
experience with similar Service as described in this RFP.
B. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this
RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact
person.
3. Firm Staffing and Key Personnel
A. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as
well as your firm’s capacity to provide additional personnel as needed.
B. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and
responsibility of each individual.
348
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Page 3
C. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel.
D. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor
that is anticipated to perform each function.
4. Proposed Method to Accomplish the Work
A. Describe the technical and management approach to providing the Services to the City. Proposer should take into account
the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and
deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described
herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the
discussion of its proposed method to accomplish the work.
Cover_Letter.pdf
Experience_and_Technical_Competence.pdf
Firm_Staffing_and_Key_Personnel.pdf
Proposed_Method_to_Accomplish_the_Work.pdf
References.pdf
2. Non-Collusion Declaration*
The undersigned declares:
I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organizat ion, or
corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder
to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone
else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by ag reement,
communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost
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.
349
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Page 4
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liabil ity company,
limited liability partnership, or any other entity, hereby represents that he or she has fu ll power to execute, and does execute, this
declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Confirmed
3. Enter your valid CA Contractors State License Board (CSLB) number*
Please enter your License Number here. This will be verified against the state database.
816080
Click to Verify Value will be copied to clipboard
4. 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.
1000001050
Click to Verify Value will be copied to clipboard
5. Type of Business*
S Corporation (if corporation, two signatures are required)
6. Litigation*
Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5)
years (or type "N/A").
N/A
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Page 5
7. Changes to Agreement*
The City and Authority standard professional services agreement contract is included as an attachment herein. The Proposer shall
identify any objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If
you are identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may
effect the City and Authority's decision to enter into an Agreement.
N/A
8. No Deviations from the RFP*
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited
to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection o f the
proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification
provisions therein (or type "N/A").
Maximum response length: 5000 characters
N/A
9. Project Team Resumes*
Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualifications,
education, and professional licensing.
Resume-Adriana_Cervantes.pdf
Resume-Alex_Recinos.pdf
Resume-Andrea_Cervantes.pdf
Resume-Benny_Aguilar.pdf
Resume-Frank_Cervantes.pdf
Resume-Jesus_Castro.pdf
Resume-Jose_Gomez.pdf
Resume-Jose_Miranda.pdf
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RFP No. 2025-RFP-196
On-Call Electrical Services
[GA TECHNICAL SERVICES, INC.] RESPONSE DOCUMENT REPORT
Request For Proposal - On-Call Electrical Services
Page 6
10. List the Signatory(s) Authorized to Sign and Bind an Agreement.*
(If two (2) signatures are required, include the following information for both signatories)
1. Full Name
2. Title
3. Physical Business Address
4. Email Address
5. Phone Number
Corporation (C-Corp, S,B, Stock etc.): Requires two signatures—both from authorized officers (e.g., President, Vice President,
Secretary, or Treasurer). If signing authority is not held by a President, Vice Presiden t, Treasurer, or Secretary, a Corporate Resolution
or Article of Authority is needed to verify the signer’s authorization.
LLC: Usually requires one signature from an authorized member or manager. For significant contracts (e.g., over $50,000 for
construction or over $25,000 for service agreements), additional approvals or signatures may be required.
Sole Proprietorship, Non-Profit, Single LLC: Only the one signature is necessary.
Frank Cervantes
President
1157 E Arrow Hwy, Ste 2, Glendora, CA 91740
frank.cervantes@gatechservices.com
909-981-8600
Lorena Cervantes
Vice President
1157 E Arrow Hwy, Ste 2, Glendora, CA 91740
352
[GA TECHNICAL SERVICES, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2025-RFP-196
On-Call Electrical Services
[GA TECHNICAL SERVICES, INC.] RESPONSE DOCUMENT REPORT
Request For Proposal - On-Call Electrical Services
Page 7
frank.cervantes@gatechservices.com
909-981-8600
11. Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accord ance
with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.*
Confirmed
PRICE TABLES
HOURLY RATES
Line Item Description Unit of Measure Unit Cost
1 Supervisor/Foreman - Standard Rate Hour $125.00
2 Supervisor/Foreman - Emergency/After-Hours Rate Hour $150.00
3 Supervisor/Foreman - Weekend/Holiday Rate Hour $150.00
4 Journeyman - Standard Rate Hour $143.21
5 Journeyman - Emergency/After-Hours Rate Hour $168.54
6 Journeyman - Weekend/Holiday Rate Hour $189.54
7 Apprentice - Standard Rate Hour $90.65
8 Apprentice - Emergency/After-Hours Rate Hour $115.65
9 Apprentice - Weekend/Holiday Rate Hour $134.65
353
[GA TECHNICAL SERVICES, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2025-RFP-196
On-Call Electrical Services
[GA TECHNICAL SERVICES, INC.] RESPONSE DOCUMENT REPORT
Request For Proposal - On-Call Electrical Services
Page 8
Line Item Description Unit of Measure Unit Cost
10 Laborer - Standard Rate Hour $129.65
11 Laborer - Emergency/After-Hours Rate Hour $147.65
12 Laborer - Weekend/Holiday Rate Hour $171.21
354
GA Technical Services, Inc
1157 E. Arrow Hwy, Ste.2
Glendora, Ca, 91740
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
RE: Proposal Submission for RFP No. 2025-RFP-196 – On-Call Electrical Services
Dear Evaluation Committee,
GA Technical Services, Inc. is pleased to submit this proposal in response to the City of Palm
Desert’s Request for Proposals for On-Call Electrical Services (RFP No. 2025-RFP-196). We are a
California-licensed C-10 and C-7 electrical and low-voltage contractor (License #816080), with
over 20 years of experience serving state and local agencies throughout California. Our primary
office is located at 1157 E. Arrow Hwy, Suite 2, Glendora, CA 91740.
With a team of certified technicians and project managers, GA Technical Services has delivered
critical infrastructure services for agencies including the Department of Motor Vehicles, Los
Angeles Unified School District, and the Employment Development Department. We understand
the needs of public agencies, including prevailing wage compliance, prompt response, and minimal
disruption to active facilities.
This proposal outlines our general qualifications, key personnel, and detailed approach to the
delivery of the on-call electrical services requested. Our specific approach includes:
• Conducting thorough initial site walks to define scope and identify potential obstacles;
• Providing accurate proposals, submittals, and material coordination within 3–5 business
days;
• Mobilizing trained technicians and field supervisors with the appropriate safety and quality
protocols;
• Completing each project with a final walkthrough, redline drawings, and complete as-built
documentation;
• Offering ongoing communication and rapid emergency response support as needed.
We are confident in our ability to deliver high-quality electrical solutions to the City of Palm Desert
and Palm Desert Housing Authority, with safety, responsiveness, and cost-effectiveness at the
forefront of our operations.
We appreciate the opportunity to be considered and look forward to supporting the City of Palm
Desert’s infrastructure needs.
Kindest Regards,
Frank Cervantes
355
Experience and Technical Competence
A. Background
GA Technical Services, Inc. has over 20 years of experience providing high-quality electrical
and low-voltage services to public agencies and commercial clients across California. Since
2003, our firm has consistently delivered on-call, task order-based electrical services similar
in scope to those outlined in this RFP. We hold valid California contractor licenses including
C-10 (Electrical) and C-7 (Low Voltage), and our in-house team of certified electricians and
technicians are highly trained in delivering time-sensitive, code-compliant solutions for
complex public works environments. Our service capabilities include everything listed in the
City of Palm Desert RFP, such as:
• Troubleshooting and resolving electrical system issues
• LED lighting conversions and fixture replacements
• Panel upgrades and transformer replacements
• Emergency generator system installations
• On-call response for routine and urgent service needs
• Electrical infrastructure improvements for campuses, parks, and civic facilities
We have long-standing relationships with government agencies including the Department of
Motor Vehicles, the Employment Development Department, and various cities and school
districts across California, serving as their on-call or prime electrical contractor. Our ability
to mobilize quickly, comply with strict regulatory requirements, and communicate
proactively has enabled us to maintain and renew numerous contracts across a broad
geographic region.
B. References – Similar Projects
1. Department of Motor Vehicles – Statewide Contracts
Project Name: Maintenance/Installation Contracts (Multiple Agreements)
Award Amount: Over $1.5 million across multiple regions
Scope: Voice, data, and electrical infrastructure services; including lighting, conduit, circuit
troubleshooting, and panel work for DMV offices across California
Contact: David Haro, Project Manager
Phone: (916) 657-8398
Email: david.haro@dmv.ca.gov
Address: 2415 First Avenue, Sacramento, CA 95818
Completion Date: Multiple (most recent: 4/30/2025)
356
2. City of Huntington Beach – Central Park Transformer Replacement
Project Name: Replace Transformers and Underground Cable at Central Park
Award Amount: $504,366.85
Scope: Replaced (12) medium voltage substations and associated cable; completed system testing
and reconnection
Contact: Kevin Dupras, Public Works Supervisor
Phone: (714) 375-5035
Email: kevin.dupras@surfcity-hb.org
Address: 17371 Gothard St, Huntington Beach, CA 92647
Completion Date: 9/30/2017
3. City of West Hollywood – Citywide Electrical Services
Project Name: Agreement #8992 – On-Call Citywide Electrical Services
Award Amount: $882,173.80
Scope: Electrical maintenance, lighting inspections, repairs, and infrastructure upgrades at city-
owned facilities
Contact: Davie Gonzalez, Facilities Representative
Phone: (323) 848-6857
Email: dgonzalez@weho.org
Address: 8300 Santa Monica Blvd, West Hollywood, CA 90069
Completion Date: 12/31/2024
4. Orange County Fire Authority – Emergency Power Extension
Project Name: Regional Fire Operations and Training Center – Power Extension
Award Amount: $372,324.00
Scope: Installation of electrical components extending power from 1000 kWh generator to
multiple critical systems
Contacts:
• Rothchild Ong – rothchildong@ocfa.org – (714) 573-6642
• Sara Kennedy – sarakennedy@ocfa.org – (949) 236-1662
Address: 1 Fire Authority Rd, Irvine, CA 92602
Completion Date: 3/9/2018
5. San Bernardino Community College District – Campus Utility Upgrades
Project Name: SBVC Campus-Wide Utility Upgrades
Award Amount: $190,723.96
Scope: Electrical upgrades, panel replacements, trenching, conduit rerouting, and power
improvements for San Bernardino Valley College
Contact: Greg Ochoa, Project Manager
Phone: (909) 855-4226
Email: greg.ochoa@safeworkcm.com
Address: 701 S. Mount Vernon Ave, San Bernardino, CA 92410
Completion Date: 12/31/2023
357
Firm Sta)ing and Key Personnel
A. Sta'ing
GA Technical Services, Inc. currently employs a highly skilled team of 15 in-house personnel, all of
whom are experienced in delivering electrical and low-voltage work for public agencies under on-call or
task order contracts. We maintain the flexibility to assign 5–8 technicians and electricians at any given
time to support the City of Palm Desert’s needs.
Staff Assigned to Perform Services:
Name Discipline Title
Frank Cervantes Electrical/Low Voltage President / Project Executive
Alex Recinos Electrical Senior Electrician / Foreman
Jose Miranda Electrical Electrician / Project Technician
Jesus Castro Electrical / Low Voltage Electrician / Systems Installer
Ramiro Garcia Low Voltage Cabling Technician / Cable Installer
Jose Gomez Project Coordination & Logistics Project Manager / Scheduler
Capacity for Additional Personnel:
Our operations allow us to deploy additional certified electricians, apprentices, and low-voltage installers
when needed. We maintain a flexible labor force, which enables us to scale personnel based on demand or
emergency response requirements within 24–48 hours.
B. Key Personnel
The following individuals will be principally responsible for working directly with the City of Palm
Desert throughout the contract:
• Frank Cervantes – Project Executive / Contract Manager
o Role: Primary point of contact for contract negotiations, scope reviews, and oversight of
quality and compliance.
o Phone: (909) 227-6492
o Email: frank.cervantes@gatechservices.com
• Jose Gomez – Project Manager
o Role: Responsible for daily coordination, scheduling, material procurement, and
communication with City staff for each task order.
• Alex Recinos – Lead Electrician / Foreman
o Role: Supervises field crews, ensures safety compliance, quality control, and technical
execution on-site.
358
C. Team Organization
Our proposed team organization structure ensures responsive communication and efficient task execution.
The hierarchy is as follows:
• Contract Management
o Frank Cervantes – Executive Oversight, Contract Compliance, Final Approval Authority
• Project Management / Field Scheduling
o Jose Gomez – Point of Contact for Work Orders, Scheduling, and Submittals
• Field Operations
o Alex Recinos – Onsite Supervision and Safety Lead
o Jose Miranda / Jesus Castro / Ramiro Garcia – Execution of Electrical & Low Voltage
Work
Communication flows from the City to the Project Manager, then to the Field Supervisor and technical
team. Weekly or real-time updates will be provided for ongoing work or emergent tasks.
D. Subcontractors
GA Technical Services, Inc. does not anticipate the use of subcontractors for any portion of the
proposed services. All electrical and low-voltage work will be performed exclusively by our in-house
team of certified and licensed personnel to ensure quality control, safety, and compliance with all City and
State requirements.
359
Proposed Method to Accomplish the Work
GA Technical Services, Inc. (GATS) employs a structured, responsive, and quality-driven approach to
executing on-call electrical services. Our process has been successfully used with numerous public
agencies and aligns seamlessly with the City of Palm Desert’s expectations as outlined in RFP No. 2025-
RFP-196.
Technical and Management Approach
Our approach is organized into five core phases to ensure safety, quality, accountability, and minimal
disruption to City operations:
1. Request & Initial Assessment
• City submits request via email, portal, or phone
• Project Manager (Jose Gomez) logs and prioritizes the work (standard or emergency)
• Site Walk scheduled within 24–48 hours for scope confirmation (same day for emergencies)
• Field Supervisor (Alex Recinos) conducts job walk with City representative, assessing materials,
safety, access, and equipment needs
2. Proposal & Coordination
• Within 3 business days, we submit a proposal with:
o Scope of work
o Labor and material breakdown
o Schedule and duration
o Material submittals and cut sheets (as needed)
• City reviews, approves, and issues authorization to proceed
• GATS schedules the job start date based on urgency and facility availability
3. Mobilization & Execution
• Crew is dispatched with tools, materials, and PPE
• Work is executed per:
o NEC and City safety standards
o Prevailing wage and public works requirements
• Foreman provides daily updates to Project Manager, who communicates with City personnel
360
4. Final Inspection & Closeout
• City walkthrough conducted upon completion
• Punch-list (if any) addressed immediately
• As-built documentation, redlines, and test reports are submitted within 5 business days
5. Emergency Response Readiness
• GATS maintains 24/7 dispatch and 2-hour emergency callback capability
• Emergency jobs bypass standard scheduling and are escalated directly to field teams for same-day
mobilization
• We prioritize City sites such as housing authority properties, parks, and public safety facilities
First-Year Draft Schedule of Tasks, Milestones, and Deliverables
Phase Task / Deliverable Estimated Timeline
Initial Response Request logged and site walk scheduled 1–2 business days from
request
Job Walk & Scope
Review Onsite review, documentation of conditions Day 1–2 post-request
Proposal Submission Quote with scope, materials, and estimated
timeline Within 3 business days
Material Procurement Acquire and stage standard materials 3–5 business days
Project Execution Electrical service performed onsite As scheduled with City
Project Completion Final walkthrough and punch list resolution Same day or within 48
hours
Documentation Submittal of as-builts, redlines, and reports Within 5 business days
post-job
Ongoing
Communication Status updates and issue resolution Continuous through life of
task
Additional Considerations / Value-Added Services
• After-hours and weekend work available upon request to reduce public impact
• Job tracking log provided quarterly to City to summarize work orders and history
• Preventive maintenance support available upon request (e.g., routine light checks)
• No subcontractors used, ensuring consistent quality and accountability
GA Technical Services is committed to delivering efficient, safe, and high-quality electrical services to
the City of Palm Desert. Our team is ready to deploy and respond to the City’s needs under this on-call
agreement with professionalism and precision.
361
Owner Project Name Award Amount Description Project Contact Project Address Completion Date
San Francisco State
University
D000671: Campus Building Electrical
Equipment Replacement $ 390,029.98
Replace existing 1600A circuit breakers with
reburshied breakers at switchboard M in Thornton
Hall, replace 1200 RD breaker plug-in trip unit
with new plug-in trip unit in Hensil Hall, replace
existing outdoor high voltage selector switch with
new H.V Switch at Gymnasium and replacement
existint 2000A outdoor distribution board with
new at the Humanties Building
David McCormick
415-338-1698
dmccormi@sfsu.edu
1600 Holloway Ave.
San Francisco, CA 7/3/14
City of Stockton Dual Feed Conduit Installation $ 183,505.10
Installation of new 5 in. PVC and 2 in. PVC
conduits, electrical manhols, pull boxes, concrete
encased electrical duct banks and furnish spare 72
KB SF6 Switch.
Amin Kazemi
209-937-8716
Amin.Kazemi@stocktonca.gov
2500 Navy Drive
Stockton, CA 95206 10/19/15
Modesto Junior
College Switch Gear Replacement Project $ 358,628.00
Replacement of the electrical switchboard at the
MiWuk Building and replacement of the electrical
switchboard and distrbution board at the Auto
shop.
Judy Lanchester
209-575-6903
Lanchesterj@yosemite.edu
2201 Blue Gum Ave
Modesto, CA 95358 1/25/16
Los Angeles
Community College LED Lighting Replacements- Women's Gym $ 142,000.00 Retrofit of existing fluorescent fixtures to LED
Safi Ishrati
213-891-2000
ishratss@lamission.edu
770 Wilshire Blvd.
Los Angeles, Ca 90017 4/15/16
San Jose State
University
Campus Village Phase 2 Feeder Installation
Project $ 58,000.00 Installing a 12KV Feeder from Electrical Manhole
31 to the Campus Village Phase 2 switch
James Sowerbrower
408-924-1925
jamessowerbrower@sjsu.edu
One Washington Square
San Jose, CA 95192 4/28/16
Burbank-Glendale-
Pasadena Project # E13-09 Terminal High voltage $ 489,000.00
Replacment of transformers, switchboardd,
electrical panels and 2400 volt main feeders and
assocaited connections at Bob Hope Airport
Dave Padilla
818-561-9305
2800 N Clybourn
Burbank, CA 91505 4/29/16
Regional Sanitation
District of
Sacramento
Solids Storage Basins Battery I Digester
Sludge Electrical Improvements Projeect $ 228,303.08 Installation of Approximately 1,800 Ft. of
underground conduits and wiring.
Gerardo Aguirre
aguierreg@sacsewer.com 916-
875-9075
8521 Laguna Station Rd. Elk
Grove, Ca 95758 3/15/17
San Jose State
University
Utilities Infrastructure Phas IV 12Kv Cable
Pull $ 179,956.00
Providing and installing approximately 1,000' LF
of (2) 4/0 3-phase medium voltage
cable in existing 5" conduits and 3 existing vaults,
work requires confined space and working on
manholes with other
energized feeders in proximity
Kristina Lee
Kristina.lee@sjsu.edu
408-924-1913
One Washington Square San Jose,
CA 95192 6/9/17
City of Huntington
Beach
Replace Transformers and Underground Cable
at Central Park, MSC 498 $ 504,366.85
Replace (12) existing medium voltage minature
substations and all medium voltage cable from the
main disribution switch to all substations in City
of Huntington Beach Central park
Kevin Dupras
kevin.dupras@surfcity-hb.org
714-375-5035
17371 Gothard St. Huntington
Beach, Ca 92647 9/30/17
Department of Motor
Vehicle
Cabling and Electrical Services for the DMV
Field Offices $ 1,009,180.19
Telcommunications Network Cabling, Related
Electrical Services, and related hardware
installation services
Kelly Piceno
Kelly.piceno@dmv.ca.gov
916.657.8909 Statewide - California 12/31/17
Department of
General Services
Statewide Facility Electrical Upgrade Program
(EVSE) $ 26,110.81
Provide and Install of (2) 2-1/2" conduits and
encase and inside. Provide and Install all
receptacles and electrical apparatus and (1) vault
Conrad Lewis
916-376-1630
Conrad.Lewis@dgs.ca.gov
7425 Mission Blvd. Riverside, CA
92501 2/1/18
Orange County Fire
Authority Emergeny Power Extension Project Services $ 372,324.00
Installation of electrical components needed to
extend electrical power from a
1000 kWh emergency power generator to all
electrical circuits throughout the Orange County
Fire
Authority Regional Fire Operations and Training
Center (RFOTC)
Rothchild Ong
rothchildong@ocfa.org
714-573-6642
Sara Kennedy
sarakennedy@ocfa.org
714-573-6641 Mobile: 949-236-
1662
1 Fire Authoirty Rd.
Irvine, Ca 92602 3/9/18
Electrical Project References
362
Owner Project Name Award Amount Description Project Contact Project Address Completion Date
Electrical Project References
Torrance Unified
School District
West High School Installtion of Stadium
Scoreboard and Electrical Upgrade $ 43,000.00 Installtion of Stadium Scoreboard and Electrical
Upgrade
Cesar Vergara
vergara.cesar@tusd.org (310)
972-6241
2335, Plaza Del Amo, Torrance, CA
90501 9/20/18
Torrance USD North High School Electrical Feedrer Project $ 117,995.00 Provide and Install Labor and Materials to Remove
and Replace (6) Sets of Electrical Feeder Cables
Cesar Vergara
Vergara.Cesar@tusd.org
310-972-6241
3620 West 182nd St Torrance, CA
90504 10/29/18
T2 Systems Canada,
Inc T2: Grossmont College $ 6,569.18 Install Parking Meters Bernice Kossen
(778) 375-6020
8800 Grossmont College Dr. El
Cajon, CA 92020 1/10/19
City of Palmdale IS Server Room Electrical Upgrade $ 139,300.00
IS Server Room Electrical Uphrade and a Backup
Cooling
Replacement
Ulises Gonzalez
ugonzalez@cityofpalmdale.org
661-267-5241
38300 Sierra Highway Suite C
Palmdale, CA 93550 9/3/19
City of Chino City Hall Portable Generator Connection
Project $ 28,293.65 City Hall Portable Generator Connection Project
and if required to relocate exisiting generator
Carolyn Baltzer
cbaltzer@cityofchino.org 909-
334-3401
13220 Central Ave Chino, CA
91710 9/16/19
Glendale USD Electrical Site Work for CTE Equipment $ 28,500.00 Electrical Site Work for CTE Equipment
Tony Barrios
tbarrios@gusd.net 818-
507-0201
1440 East Broadway Glendale,
CA 91205 9/21/19
Twin Rivers USD Harmon Johnson ES - Switchgear
Replacement Project $ 155,100.00 Citywide Electrical Services and Lighting
Inspections
Elizabeth Villagomez
elizabeth.villagomez@twinriversusd
.org
916-566-1600
8300 Santa Monica Blvd West
Hollywood, CA 90069 10/8/19
One Source One Source Antioch $ 28,142.71 Install CAT5e cabling, electrical circuits Jasone Templeton
(714) 905-6637
2180 Wilbur Ave. Antioch,
CA 94509 11/13/19
Mt. SAC Substation 26 Replacement $ 107,500.00 Labor and Materisl to Replace Substation 26
Rondell Schroeder
rschroder@mtsac.edu 909-
274-5511
1100 N. Grand Ave Walnut, CA
91789 11/22/19
South Pasadena USD Rm 2223 Electrical $ 14,560.00 Upgrade Electrical in Room 223
Tim Mawhinney
tmawhinney@spusd.net
626-441-5810
1401 Fremont Ave South
Pasadena, CA 91030 1/4/20
Mt. SAC Bldg 10 Transformer Installation & 9F & 9G
Rewire $ 123,113.28
Installation of a transformer near Bldg 10 as well
as the rewire of modulars. Also the constructionof
a new wall enclosure
Maggie Cheng
909-274-5837
mcheng14@mtsac.edu
1100 N. Grand Ave Walnut, CA
91789 5/4/20
City of Glendale Installation of Parking Meters $ 110,685.73 Installation of Parking Meters at the Glendale
Community College
Tad Dombroski
818-937-8325
tdombroski@glendaleca.gov
633 E. Broadway, Rm 205
Glendale, CA 91206 5/5/20
Hemet USD Electrical Upgrades at Alessandro $ 132,420.00 Electrical Upgrades
Mike Sattley
(951) 765-5100 Ext. 5400
msattley@hemetusd.org
1791 W. Acacia Avenue
Hemet, CA 92545 10/17/20
Department of
Forestry & Fire
Protection
Ventura Electrical Project $ 62,298.69 Electrical Services
Sarah Best
(916) 324-1635
Sarah.Best@fire.ca.gov
P.O. Box 944246
Sacramento, CA 94244 12/7/20
Department of Motor
Vehicles Agreement #18-291 $ 106,368.00
As-Needed Cabling and
Electrical Services for Various Divisions
throughout the DMV Headquarters’ Complex
Kelly Piceno
(916) 657-8909
Kelly.Piceno@dmv.ca.gov
2415 First Avenue.
Sacramento, Ca 95818 12/14/20
CHP Blythe - Installation of Electrical
Services $ 15,581.58 Installation of Electrical Services that will
provide power to the Conex Box
Madonna Young (916)
332-3166
madonna.young@chp.ca.gov
601 North 7th St
Sacramento, CA 95811 3/31/21
363
Owner Project Name Award Amount Description Project Contact Project Address Completion Date
Electrical Project References
CHP Indio Electrical Services $ 9,934.28 Electrical installation services
Madonna Young (916)
332-3166
madonna.young@chp.ca.gov
601 North 7th St
Sacramento, CA 95811 4/29/21
CHP Contra Costa Electrical Services $ 16,637.32 Electrical installation services
Madonna Young (916)
332-3166
madonna.young@chp.ca.gov
601 North 7th St
Sacramento, CA 95811 6/11/21
Torrance USD South HS $ 53,593.77 Replace electrical feeders
Richard Vazquez 310-
972-6211
vazquez.richard@tusd.org
2335 Plaza Del Amo
Torrance, CA 90501 7/16/21
Department of
Defense Repair Bldg. 38 Electrical $ 24,850.79 Repair Bldg. 38 Electrical
Joshua M. Root, SSgt, USAF
989-255-1388
joshua.root@us.af.mil
921St Contingency Response
Squardon, Travis AFB, Ca 10/5/21
Los Angeles County
Sheriff Department Medium Voltage 146 V Electrical $ 138,390.03 Medium Voltage Electrical Installation
Jose Avila
562-706-7527
JHAvila@lasd.org
County of Los Angeles 1100
N. Eastern Ave., Los
Angeles, CA 90063
2/10/22
Southwestern
Community College
Electrical Upgrades & 710 Electrical Gear
Relocation $ 678,980.58 Electrical Upgrades
Gabriela Arana
619-216-6822
garana@swccd.edu
Southwestern Community College
900 Otay Lakes Road Chula Vista,
CA 91910
9/16/22
Department of Motor
Vehicles Agreement # 22-158 $ 65,000.00
Maintenance/Installation Contract-Voice,Data and
all electrical needed for the telecommunications
infrasture.
David Haro
916-657-8398
david.haro@dmv.ca.gov
DMV Office 24427
Newhall Ave, Newhall, CA 91321 10/25/22
Dept of California
Highway Patrol Electrical Upgrades $3,862.02 Electrical Upgrades/ Installation
Chris Barnett
916-843-4287
christopher.barnett@chp.ca.gov
CHP Riverside.
16701 Davis Ave, #104A,
Riverside, Ca, 92518
3/21/23
Pomona Police
Department General Auto Switch Install $9,397.50 Installation of Electrical Systems Raymond Dean
909-343-9932 rdean@geomc.com
Pomona PD
910 W.4th Street,
Pomona, Ca, 91766
9/5/23
San Bernardino
Community College
District
SBVC - Campus Wide Utlity Upgrades $190,723.96 Electrical Upgrades
Greg Ochoa,
909-855-4226,
greg.ochoa@safeworkcm.com
San Bernardino CCD
701 S. Mount Vernon Ave.,
San Bernardino, Ca, 92410
12/31/23
County of Los
Angeles Electrical Upgrades $12,837.00 Electrical Repairs
Brandon Wong
323-267-2276
bwong@isd.lacounty.gov
1799 S. Paseo Del Mar,
San Pedro, Ca, 90731 1/31/24
Department of Parks
and Recreation Wassama Round House SHP Utility Pole $48,000.00 Installation of Utility Pole
Jeremy Powell.
530-333-3792
jeremy.powell@parks.ca.gov
Wassama Round House SHP
42877 Round House Road,
Ahwahnee, Ca, 93601
6/7/24
Jurupa Community
Services District Harada Heritage Park Dog Park Lighting $ 66,564.28 Electrical Lighting
Tyler Hughes
951-727-3524
thughes@jcsd.us
Harada Heritage Park
13099 65th St
Eastvale, CA 92880
10/28/24
City of Riverside
Electrical and Data Improvements for
Remote Lockers at Various City
Locations
$35,825.58 Electrical and Data Improvements
Rafael Iñiguez Zazueta,
Business System Support
Analyst
951-312-8957
riniguez@riversideca.gov
Riverside Public Library
Admin Office
3900 Mission Inn Ave,
Riverside, CA 92501
12/18/24
364
Owner Project Name Award
Amount Description Project Contact Project Address Completion Date
Department of Motor
Vehicles Agreement # 14-116 $ 205,510.00
On-going Maintenance/Installation Contract-
Voice,Data and all electrical needed for the
telecommunications infrasture. (JOC)
Edward Taylor
916-657-6505
Edward.Taylor@dmv.ca.gov
2415 First Avenue.
Sacramento, Ca 95818 7/31/16
County of Santa
Clara
Telecommunications
Cabling Services $ 1,500,000.00 Provide telecommunications cable and termination
equipment
James Perez (Telecommunications
Operations Manager)
james.perez@faf.sccgov.org or
Carol Alviso (Admin Assistant)
carol.alviso@faf.sccgov.org
408-468-8921 2310 N. 1st Street, San
Jose, CA 95131
9/28/18
Employment
Development
Department
Statewide
Telecommunications
Cabling Standards
$ 1,000,000.00
Structured Cabling Services, Extend Circuits from
MPOE, Station Wiring from Telecom or IDF to a
Telecommunications Outlet or desired location
David Eastman
david.eastman@edd.ca.gov 916-
654-8313
Statewide - California 1/11/19
Department of Motor
Vehicles Agreement #17-518 $ 5,540.00
Maintenance/Installation Contract-Voice,Data and
all electrical needed for the telecommunications
infrasture.
David Haro
916-657-8398
david.haro@dmv.ca.gov
2415 First Avenue.
Sacramento, Ca 95818 7/18/19
Department of Motor
Vehicles Agreement #17-516 $ 39,370.88
Maintenance/Installation Contract-Voice,Data and
all electrical needed for the telecommunications
infrasture.
David Haro
916-657-8398
david.haro@dmv.ca.gov
2415 First Avenue.
Sacramento, Ca 95818 8/19/19
Department of Motor
Vehicles Agreement #17-525 $ 30,697.00
Maintenance/Installation Contract-Voice,Data and
all electrical needed for the telecommunications
infrasture.
David Haro
916-657-8398
david.haro@dmv.ca.gov
2415 First Avenue.
Sacramento, Ca 95818 9/17/19
Department of Motor
Vehicles Agreement #17-517 $ 21,249.00
Maintenance/Installation Contract-Voice,Data and
all electrical needed for the telecommunications
infrasture.
David Haro
916-657-8398
david.haro@dmv.ca.gov
2415 First Avenue.
Sacramento, Ca 95818 11/18/19
Department of Motor
Vehicles Agreement #17-526 $ 40,671.50
Maintenance/Installation Contract-Voice,Data and
all electrical needed for the telecommunications
infrasture.
David Haro
916-657-8398
david.haro@dmv.ca.gov
2415 First Avenue.
Sacramento, Ca 95818 1/9/20
Department of Motor
Vehicles Agreement #17-519 $ 14,697.50
Maintenance/Installation Contract-Voice,Data and
all electrical needed for the telecommunications
infrasture.
David Haro
916-657-8398
david.haro@dmv.ca.gov
2415 First Avenue.
Sacramento, Ca 95818 2/4/20
Department of Motor
Vehicles Agreement #17-524 $ 43,843.00
Maintenance/Installation Contract-Voice,Data and
all electrical needed for the telecommunications
infrasture.
David Haro
916-657-8398
david.haro@dmv.ca.gov
2415 First Avenue.
Sacramento, Ca 95818 2/6/20
Department of Motor
Vehicles Agreement #17-523 $ 27,213.00
Maintenance/Installation Contract-Voice,Data and
all electrical needed for the telecommunications
infrasture.
David Haro
916-657-8398
david.haro@dmv.ca.gov
2415 First Avenue.
Sacramento, Ca 95818 2/13/20
Service Contracts References
365
Owner Project Name Award
Amount Description Project Contact Project Address Completion Date
Service Contracts References
Department of Motor
Vehicles Agreement #17-527 $ 152,808.25
Maintenance/Installation Contract-Voice,Data and
all electrical needed for the telecommunications
infrasture.
David Haro
916-657-8398
david.haro@dmv.ca.gov
2415 First Avenue.
Sacramento, Ca 95818 3/6/20
Department of Motor
Vehicles Agreement #17-515 $ 39,318.00
Maintenance/Installation Contract-Voice,Data and
all electrical needed for the telecommunications
infrasture.
David Haro
916-657-8398
david.haro@dmv.ca.gov
2415 First Avenue.
Sacramento, Ca 95818 3/18/20
Department of Motor
Vehicles Agreement #18-291 $ 106,368.00
Maintenance/Installation Contract-Voice,Data and
all electrical needed for the telecommunications
infrasture.
David Haro
916-657-8398
david.haro@dmv.ca.gov
2415 First Avenue.
Sacramento, Ca 95818 11/12/20
Department of Motor
Vehicles Agreement #19-498 $ 65,000.00
Maintenance/Installation Contract-Voice,Data and
all electrical needed for the telecommunications
infrasture.
David Haro
916-657-8398
david.haro@dmv.ca.gov
2415 First Avenue.
Sacramento, Ca 95818 1/21/21
Department of Motor
Vehicles Agreement # 19-528 $ 50,375.97
Maintenance/Installation Contract-Voice,Data and
all electrical needed for the telecommunications
infrasture.
David Haro
916-657-8398
david.haro@dmv.ca.gov
BAY AREA Office, CA 9/1/22
Department of Motor
Vehicles
Agreement # 20-450
Job #8000s $ 445,803.28
Maintenance/Installation Contract-Voice,Data and
all electrical needed for the telecommunications
infrasture.
David Haro
916-657-8398
david.haro@dmv.ca.gov
2415 First Avenue.
Sacramento, Ca 95818 9/22/22
Department of Motor
Vehicles Agreement # 20-179 $ 205,897.85
Maintenance/Installation Contract-Voice,Data and
all electrical needed for the telecommunications
infrasture.
David Haro
916-657-8398
david.haro@dmv.ca.gov
2415 First Avenue.
Sacramento, Ca 95818 11/14/22
Department of Motor
Vehicles Agreement # 19-535 $ 100,914.18
Maintenance/Installation Contract-Voice,Data and
all electrical needed for the telecommunications
infrasture.
David Haro
916-657-8398
david.haro@dmv.ca.gov
SOUTHERN CA Offices 3/7/23
City of West
Hollywood Agreement # 8992 $ 882,173.80 Citywide Electrical Services and Lighting
Inspections
Davie Gonzalez
(323) 848-6857
dgonzalez@weho.org
8300 Santa Monica Blvd
West Hollywood, CA
90069
12/31/24
Department of Motor
Vehicles Agreement # 22-419 $ 155,731.00
Maintenance/Installation Contract-Voice,Data and
all electrical needed for the telecommunications
infrasture. BAY AREA 1
David Haro
916-657-8398
david.haro@dmv.ca.gov
2415 First Avenue.
Sacramento, Ca 95818 4/30/25
Department of Motor
Vehicles Agreement # 22-420 $ 188,886.00
Maintenance/Installation Contract-Voice,Data and
all electrical needed for the telecommunications
infrasture. BAY AREA 2
David Haro
916-657-8398
david.haro@dmv.ca.gov
2415 First Avenue.
Sacramento, Ca 95818 4/30/25
Department of Motor
Vehicles Agreement # 22-421 $ 184,646.00
Maintenance/Installation Contract-Voice,Data and
all electrical needed for the telecommunications
infrasture. CENTRAL CA
David Haro
916-657-8398
david.haro@dmv.ca.gov
2415 First Avenue.
Sacramento, Ca 95818 4/30/25
366
Owner Project Name Award
Amount Description Project Contact Project Address Completion Date
Service Contracts References
Department of Motor
Vehicles Agreement # 22-422 $ 177,926.00
Maintenance/Installation Contract-Voice,Data and
all electrical needed for the telecommunications
infrasture. CENTRAL COAST
David Haro
916-657-8398
david.haro@dmv.ca.gov
2415 First Avenue.
Sacramento, Ca 95818 4/30/25
Department of Motor
Vehicles Agreement # 22-423 $ 191,190.00
Maintenance/Installation Contract-Voice,Data and
all electrical needed for the telecommunications
infrasture. NORCAL AREA 1
David Haro
916-657-8398
david.haro@dmv.ca.gov
2415 First Avenue.
Sacramento, Ca 95818 4/30/25
Department of Motor
Vehicles Agreement # 22-424 $ 208,127.00
Maintenance/Installation Contract-Voice,Data and
all electrical needed for the telecommunications
infrasture. NORCAL AREA 2
David Haro
916-657-8398
david.haro@dmv.ca.gov
2415 First Avenue.
Sacramento, Ca 95818 4/30/25
Department of Motor
Vehicles Agreement # 22-425 $ 174,649.00
Maintenance/Installation Contract-Voice,Data and
all electrical needed for the telecommunications
infrasture. SOCAL AREA 1
David Haro
916-657-8398
david.haro@dmv.ca.gov
2415 First Avenue.
Sacramento, Ca 95818 4/30/25
Department of Motor
Vehicles Agreement # 22-426 $ 167,139.00
Maintenance/Installation Contract-Voice,Data and
all electrical needed for the telecommunications
infrasture. SOCAL AREA 3
David Haro
916-657-8398
david.haro@dmv.ca.gov
2415 First Avenue.
Sacramento, Ca 95818 4/30/25
Department of Motor
Vehicles Agreement # 22-427 $ 178,753.00
Maintenance/Installation Contract-Voice,Data and
all electrical needed for the telecommunications
infrasture. SOCAL AREA 4
David Haro
916-657-8398
david.haro@dmv.ca.gov
2415 First Avenue.
Sacramento, Ca 95818 4/30/25
Department of Motor
Vehicles Agreement # 22-428 $ 174,524.00
Maintenance/Installation Contract-Voice,Data and
all electrical needed for the telecommunications
infrasture. SOCAL AREA 2
David Haro
916-657-8398
david.haro@dmv.ca.gov
2415 First Avenue.
Sacramento, Ca 95818 4/30/25
367
ADRIANA CERVANTES
CONTACT PROFILE
909-215-6484
Adriana42399@yahoo.com
Montclair, CA
Detail-oriented and dependable Compliance and Contracts
Administrator with strong experience in public works, labor
compliance, and bid preparation. Proven track record managing
documentation, supporting operations, and ensuring adherence
to regulatory requirements. Skilled in Microsoft Office, document
control, project coordination, and financial reconciliation. Bilingual
in English and Spanish.
SKILLS EXPERIENCE
Bid and Contract
Administration
Prevailing Wage Compliance
(DIR, LCP Tracker, etc.)
Certified Payroll Reporting
Microsoft Excel, Word,
Outlook, PowerPoint
Document Control and Filing
Systems
Operations and Logistics
Support
Bilingual: English and Spanish
Communication and Time
Management
o GA Technical Services, Inc. - Glendora, CA
April 2015 – Present
o Compliance & Contracts Administrator
o Prepare and submit bids and proposals for public and
private sector projects.
o Review contract terms, track critical deadlines, and
coordinate execution with clients and internal
departments.
o Manage certified payroll and ensure full compliance with
prevailing wage and DIR requirements.
o Handle labor compliance documentation for state and
federally funded contracts.
o Interface with clients, agency representatives, and general
contractors to clarify requirements and resolve compliance
issues. Assist in field operations by tracking project progress,
managing internal job costing, and supporting logistics
planning.
o Reconcile monthly bank and credit card statements and
monitor financial transactions.
o Coordinate safety training and documentation for field
personnel.
o Maintain organized digital records for all active bids,
awarded contracts, and compliance documents.
o Supported project managers with day-to-day
administrative tasks including job costing, filing, and
scanning.
o Personally delivered bids, contracts, and time-sensitive
documents to public agencies and partners.
EDUCATION
California State Polytechnic
University, Pomona
BS in Chemistry, 2022
368
ALEX RECINOS
alex.recinos@gatechservices.com | (949) 466-4758
11419 Mitony Ave, Whittier, CA 90605
PROFILE
Skilled Electrician who thrives independently or as a team member. Always accommodates customer
needs. Dedicated, dependable, hardworking electrician with over 20 years of experience. Interested in
working closely with experienced electricians and technicians. Contributes to the success of a dynamic
contractor’s firm. Offering knowledge of the principles and methods used in the installation,
maintenance, and repair of electrical systems and components to accomplish work assignments.
EXPERIENCE
October 2007-Present
GA Technical Services, Inc.
Electrician/ Foreman
Understanding plans, installing and looking after wiring, control, and lighting systems.
Investigate and install electrical components, such as medium and high voltage
transformers and circuit breakers. Recognize electrical problems with a variety of testing
devices, repair or replace wiring, equipment, or installations utilizing hand tools and
power tools. Direct and train other technicians to install, maintain, or fix electrical wiring
or equipment. Demolition of existing overhead power line. Furnish splicing material and
perform medium voltage splicing for primary cabling and grounding
Jobs that I have managed and completed:
• Burbank-Glendale-Pasadena Airport Authority – Electrical Upgrade
• Orange County Fire Authority - Emergency Power Extension
• CSU Monterey Bay - Northwest Campus Medium Voltage Distribution
Upgrade and Panel Replacements
• City of Huntington Beach – Replace Transformers & Underground Cable @
Central Park
• Mt. San Antonio College – Replace Substation 26
• Department of Motor Vehicles – Cabling & Electrical Services for Various
Divisions
January 2004 – October 2007
GA Services, LLC
Technician
Tested, troubleshooted, repaired and maintained electronic systems. Assisted other
trades as needed. Install, coordinate, support, analyze and troubleshooting of fiber optic network to
business clients. Spliced fiber optic and copper cable in different conditions.
369
July 1998-December 2002
Mastec Comtec of North America
CAT3 Splicer / Technician
Spliced different types and sizes of fiber optic cable including single mode, multimode, stranded
and ribbon. Analyzed and troubleshoot basic technical problems or issues. Worked with different
blueprints.
KEY SKILLS AND CHARACTERISTICS
· Telecommunication Skills
· Handling Pressure
· Leadership
· Problem Solving
· NFPA 70/e OSHA
Electrical Safety Training
Certified
· 2 Hour Asbestos
Awareness Certified
· Adaptability
· Inventory control
familiarity
· Excellent troubleshooting
· 10 Hour OSHA Certified
· Medium Voltage Splice &
Termination Training
Certified
REFERENCES
Frank Cervantes, President – GA Technical Services, Inc.
(770) 846-0958
Edward Taylor, Project Manager – Department of Motor Vehicles
(916) 825-7352
Chuck Strauch, President – GA Services, LLC.
(949) 356-1715
Jose Beltran, Project Foreman – Mastec Comtec
(323) 819-3111
Michael Tebo, Project Manager – CSU Monterey Bay
(831) 760-2086
370
ANDREA CERVANTES
C O N T R O L L E R
Pomona, CA (909) 787-9518 Andrea.Cervantes032791@gmail.com
OBJECTIVE
Results-driven and detail-oriented professional with a strong background in accounting seeking to
contribute to a dynamic organization. Committed to maintaining accurate financial records and optimizing
payment processes to ensure the timely and efficient disbursement of funds. Dedicated to upholding
compliance standards and contributing to the overall financial health of the organization through
meticulous attention to detail and exceptional organizational skills.
E D U C A T I O N
— EXPERIENCE
Pomona Senior High
High School Diploma, 2009
Weighted GPA, 3.8
K E Y S K I L L S
—
• Accounts Payable
Management
• Adaptability and
Continuous Learning
• Data Analysis and
Reporting
• Vendor Relations and
Communication
• Organizational and Time
Management
• Compliance and Audit
• Teamwork and
Collaboration
• Problem Solving
• Detail-Oriented
R E F E R E N C E S
—
Available upon request
GA TECHNICAL SERVICES, INC.
Controller, October 2016 - Present
• Oversee all aspects of financial management, including budgeting,
forecasting, financial analysis, and reporting.
• Lead the accounting team and ensure accurate and timely
preparation of financial statements, general ledger entries, and
payroll processing.
• Develop and implement internal controls, policies, and procedures
to enhance financial accuracy and compliance.
• Collaborate with executive management to provide strategic
financial insights and support decision-making processes.
• Manage relationships with external auditors, tax advisors, and
financial institutions.
• Streamline accounts payable processes, optimizing efficiency and
reducing payment cycle time.
Labor Compliance Specialist & Accounts Payable Manager, October 2007
- October 2016
• Established and maintained labor compliance policies and
procedures, ensuring adherence to prevailing wage laws and
regulations.
• Managed the accounts payable department, overseeing invoice
processing, expense reports, mileage reimbursement, and
subsistence pay.
• Conducted regular audits and reconciliations to ensure accuracy
and compliance with internal and external requirements.
• Implemented automated systems and process improvements to
enhance the efficiency of accounts payable operations.
• Collaborated with cross-functional teams, including procurement
and project management, to facilitate seamless invoice processing
and payment operations.
• Trained and mentored new team members, ensuring a smooth
transition and high-quality work.
371
BENNY AGUILAR
1446 N Campus Ave. Ontario, Ca 91764 | C : 909-660-0499 | Benny.Aguilar@gatechservices.com
SUMMARY
Dependable and hard-working project lead with more than eight years in
the telecommunications/electrical industry. Thrives in a fast-paced environment and works to
complete projects quickly and efficiently.
HIGHLIGHTS
Ladder and Fall protection Knowledge with Fluke Cable IQ
trained (Aerial Lift Certified) and DTX/DSX
Corning Fiber Optic trained Strong communication skills
Strong leader Detail-oriented
EXPERIENCE
07/2017-08/2024 Service Manager
Teleteks, Inc. － Ontario, CA
• Network cutovers and turn ups • Troubleshoot analog, fiber, data, coaxial, access control, CCTV, fire alarm • CCTV installations • POS Installations • Multi Media Installations •
08/2015 to 06/2017 Project Foreman
GA Technical Services, Inc. － Upland, CA
Managed low voltage projects (Average job between
40K-60K) beginning at the job walk with the customer, putting together
a bill of materials and print layout, completing installation, and providing
customer with as-built drawings and test results with either a Fluke
Cable IQ or Fluke DTX 1800.
Projects consisted of new installs, remodels, or demolitions.
Low voltage system projects consisted of CAT5E Cabling, CAT6 &6A
Cabling (OSP rated as well), Singlemode and Multimode fiber optic
cable, coax, alarm, paging, and CCTV systems
Experience with electrical consisting of extension/installation of 120V
circuits and installation of lighting.
06/2008 to 08/2015 Self-Employed
A.N.A. Telecom － Chino, CA
Services calls for installations, repairs, or service for phone systems, cable
372
systems, fire alarm, paging service
Served large retailers such as CVS, Walgreens, K-Mart, Kohl's, Sears,
Macy's, T.J. Maxx, HomeGoods.
EDUCATION
• BlueWave IP Access Control Installer • Superior Essex Certified • Panduit Certified Installer
373
FRANK CERVANTES
O P E R A T I O N S M A N A G E R
P (909) 227-6492 A 1758 Baseline Rd
La Verne, CA 91750 E Frank.Cervantes@GaTechServices.com
SUMMARY
EDUCATION
Accomplished Executive with 32 years of experience in the Electrical and
Low Voltage Data Industry involving both start-up and growth
organizations. Results-oriented, decisive leader with proven success for
managing a multimillion-dollar corporation. Excels in dynamic, demanding
environments while remaining pragmatic and focused.
Associated Technical College
Los Angeles, CA
Diploma – 1989
University of Phoenix
Diamond Bar, CA
2002-2005
STRENGTHS & SKILLS
LEADERSHIP
EXCELLENT COMMUNICATION SKILLS
BLUEPRINTS & SCHEMATIC COMPREHENSION
SELF-MOTIVATED
CAPABLE OF WORKING UNDER PRESSURE
DESIGN FIELD ENGINEERING
TROUBLESHOOTING
LICENSES•CERTIFICATIONS
CSLB: GENERAL B, C-7 AND C10 LICENSE HOLDER
MICROSOFT CERTIFIED PROFESSIONAL SYSTEMS
ENGINEER
CERTIFIED NOVELL ADMINISTRATOR (CNA) – 1998
SUN CERTIFIED SYSTEM ADMINISTRATOR – 2002
CISCO CERTIFIED NETWORK ASSOCIATE (CCNA)
– 2004
CERTIFIED GENERAL ELECTRICIAN - 2008
CERTIFIED VOICE-DATA-VIDEO TECHNICIAN -
2008
CERTIFIED MEDIUM VOLTAGE SPLICE AND
TERMINATION INSTALLER – 2008 & 2013
ELASTIMOLD CABLE INSTALLER – 2010
BERK-TEK CERTIFIED OASIS INTEGRATOR -2011
LEVITON NETWORK SOLUTIONS CERTIFIED
COPPER & OPTICAL FIBER INSTALLER – 2012
FLUKE NETWORKS CERTIFIED CABLING TEST
TECHNICIAN – 2014
ICC MASTER TECHNICIAN – 2015
LEGRAND NETWORK CERTIFIED
INFRASTRUCTURE INSTALLATION AND TESTING
TECHNICIAN – 2015
NATIONAL CABLE SPLICING CERTIFICATION -
2016
EXPERIENCE
October 2007 – Present
CEO/Operations Manager • GA Technical Services, Inc.
Monitor operations throughout the company; implements methods to
improve quality, productivity and efficiency; and acquire new customers and
maintains existing customer. Continues to perform the duties of a Project
Manager, Data Technician and Low/Medium Voltage Electrician
August 2001 – September 2007
Project Manager/Electrician • GA Technical Services, Inc.
Monitor field installation progression to ensure completion of projects within
budget, schedule and National Electric Code (NEC) standards. Engaged in
low voltage electrical installations in 2003, progressing to medium voltage
installations in 2006.
January 1994 – August 2001
Project Manager • Pederson Communication, Inc.
Schedule Coordination. Monitor field installation progress to ensure
completion of projects within budget, schedule and National Electric Code
(NEC) standards. Procurement of Project material and equipment.
February 1990 – December 1993
Union Low Voltage Technician • Pederson Communication, Inc.
Field Installations of telecommunications cabling and Voice system
programming.
KEY RESULTS OF PROFESSIONAL EXPERIENCE
Electrical (120 Volt to 15KV)
• Medium Voltage Cabling • Main Distribution
• Transformers • Switchgear
• Electrical Power Extension • Electrical Feeder Cables
• LED Lighting • Underground/Surface Conduit
• Horizontal Directional Drilling • Panel Upgrades or New Installations
• Circuit Breakers • Ground Systems
374
Telecommunications/Low Voltage Services
• Network Infrastructure Systems • Telecommunications Cabling
• Backbone Cabling • Voice, Data, Video System Installations
• Audiovisual System Installations and Programming
• Voice-Feeder Backbone Cable up to 2,400 Pair Count Installations
• Fiber-Optic Cable Installations, Terminations, and Splicing
• Wireless Access Point System Installations
• Point of Sale System Installations
REFERENCES
AAA Network Solutions, Inc.
David Ngo, CEO
8401 Page St, Buena Park, CA 90621 (714) 484-2711
GA Services, LLC
Chuck Strauch, CEO
22600-C Lambert St # 901, Lake Forest, CA 92630 (949) 356-1715
Department of Motor Vehicles
Edward T. Taylor, Project Manager
2415 First Ave, Sacramento, CA 95818 (916) 825-7352
Burbank-Glendale-Pasadena Airport Authority
Dave Padilla, Project Manager
2627 Hollywood Way, Burbank, CA 91505 (818) 561-9305
Antelope Valley Union High School District
Mat Havens, Director of Facilities
44811 N Sierra Hwy, Lancaster, CA 93534 (818) 561-9305
375
PROJECT EXPERIENCE
Owner: City of Los Angeles: Donald C. Tillman Water Reclamation Plant
Project: D.C. Tillman Photovoltaic Project
Total Contract: $317,400.52
Description: Installation of a complete Photovoltaic Generating System on the Room Structures of D.C. Tillman.
Owner: The California State University, Monterey Bay
Project: Northwest Campus Medium Voltage Distribution Upgrade and Panel
Replacements
Total Contract: $544,812.63
Description: Demolition, trenching, installation of underground conduit and placement of underground electrical
conductors, provision and installation of (2) new gas medium voltage selector switches, provision and installation of (1) pad
mounted transformer, replacement of (2) existing switchboards and enclosures
Owner: The California State University, San Francisco
Project: Electrical System Improvements, Phase 2 & Phase 3, Science Building
Total Contract: $285,783.61
Description: Provide electrical distribution improvements inside the Science Building Addition in Phase 2 and Phase 3,
including core drilling, electrical conduit and wiring, electrical equipment, fire stopping, drywall enclosures, painting resilient
flooring and base, ceiling tiles.
Owner: The California State Polytechnic University, Pomona
Project: Rose Float Lab Electrical Upgrade
Total Contract: $60,341.20
Description: Remove existing wire and conduit, installing new wire and conduit, new panel, new outlets, and emergency
lighting
Owner: The California State University, San Francisco
Project: Manor House Emergency Generator
Total Contract: $365,500.00
Description: Installation of 15kV Single Conductor Cable and electrical equipment at various campus buildings, including
Transformer, Switchgear, 277/480V 2000 Amp Distribution Switchboard, and 3000 Amp circuit breakers
Owner: The California State Polytechnic University, Pomona
Project: Rose Float Lab Electrical Upgrade
Total Contract: $80,542.22
Description: Installation a new emergency backup generator with automatic transfer switch to the Manor House
Owner: Burbank-Glendale-Pasadena Airport Authority
Project: Terminal High Voltage Phase 2
Total Contract: $628,980.25
Description: Replacement of single phase and three phase medium voltage distribution transformers rated at 15kVA,
switchboards, electrical panels and 2400 volt main feeders and associated connections at the Bob Hope Airport.
Owner: City of Stockton
Project: Dual Feed Conduit Installation Project
Total Contract: $183,504.64
Description: Installation of new 5-inch PVC and 2-inch PVC conduits, electrical manholes, pull boxes, new concrete
encased electrical duct banks and to furnish and install a 72 KV SF6 switch.
376
Owner: One Source Distributors
Project: Dual Feed Conduit Installation Project
Total Contract: $55,409.19
Description: Installation of (1) 35kW Emergency Generator Set and (1) 300 Amp Automatic Transfer Switch
Owner: The California State University, San Francisco
Project: Data Center Electrical Upgrade – Phase 3
Total Contract: $176,920.67
Description: Installation of a new overhead track busway distribution system for the Data Center on the campus, including
all associated demolition and modifications to the existing systems, new UPS, battery cabinet and maintenance bypass /
distribution cabinet, demolition and removal of existing PBX battery systems and re-connection of rectifiers to UPS power,
modifications to existing lighting system and connections to all equipment requiring electrical service.
Owner: The City of Rancho Cucamonga
Project: Haven Ave Distribution Line Extension Project
Total Contract: $805,537.97
Description: Extension of the current distribution circuit, including trenching, asphalt cut, surface repair and restoration,
installation of conduit, conduit banks, substructures and a complete 12kV underground system
Owner: Yosemite Community College District
Project: Modesto Junior College West Campus Switch Gear Replacement
Total Contract: $359,228.00
Description: Replacement of electrical switchboard at the MiWul Bldg. and the replacement of the electrical switchboard
and distribution board at the Auto shop.
Owner: The California State University, San Jose
Project: Campus Village Phase 2 Feeder Installation
Total Contract: $58,000.00
Description: Installation of 12KV Feeders from Electrical Manhole 31 to the Campus Village Phase 2 switch
Owner: City of Huntington Beach
Project: Central Park High Voltage Electrical and Transformer, MSC-498
Total Contract: $540,947.00
Description: Replace (10) 25KVA transformers, (1) 225KVA transformer, and (1) 250 KVA transformer (including removal
and disposal), remove and replace existing underground electrical cable associated with transformers
Owner: Grossmont-Cuyamaca Community College District
Project: Cuyamaca College Upgrade Electrical Panel (12 KV)
Total Contract: $424,509.00
Description: Replace/Relocate existing 12kV metered service located in Building J. New location will require civil work,
concrete pad, retaining wall, and a fencing enclosure
Owner: Sacramento Regional County Sanitation District
Project: Solids Storage Basin (SSB) Battery I Electrical Improvement Project
Total Contract: $226,949.76
Description: Installation of 1,800 Ft. of underground conduit, wiring, HH boxes, and safety switches
Owner: The California State University, San Jose
Project: Utilities Infrastructure Phase IV – 12 KV Cable Pull
Total Contract: $204,894.00
Description: Installation of approximately 1,000' LF of (2) 4/0 3-phase medium voltage cable in existing 5" conduits and 3
existing vaults, work requires confined space and working on manholes with other energized feeders in proximity.
377
Owner: The California State University, San Jose
Project: 4KV Feeder Emergency Replacement
Total Contract: $150,789.97
Description: Disconnection and removing of existing 4160V wires from up to 7 Manholes. Installation of new MV 105 wires,
12KV rated. Termination & splicing of new MV 105 Wires in 5 Manholes. Save and re-apply phenalic labels to each
conductor, per phase. Red-line update existing butterfly diagrams, if needed. Testing of new cables.
Owner: City of Stockton
Project: Animal Shelter Electrical Upgrade
Total Contract: $103,706.41
Description: Electrical Upgrade including removal of existing services and
installation of underground conduit, transformer pad, and new main service – 3Ph-4W 120/208V 1200 Amp Main Switchoard
Owner: Orange County Fire Authority
Project: Upgrade of Emergency Power Distribution at RFOTC
Total Contract: $372,324.00
Description: installation of electrical components needed to extend electrical power from a 1000 kWh emergency power
generator to all electrical circuits throughout the Orange County Fire Authority Regional Fire Operations and Training Center
(RFOTC)
Owner: The California State University, San Jose
Project: Cable Installation from MH-32 to Building “F”
Total Contract: $73,120.10
Description: Installation of 3-Phase 1 Circuit MV105, Disconnection and Termination of MV105 Wires, Grounding,
disconnect, reconnect
Owner: Torrance Unified School District
Project: North High School Electrical Feeder Replacement – Phase 2
Total Contract: $117,995.00
Description: Remove and replace six (6) sets of electrical feeder cables. Remove and salvage all existing conductors from
existing main service board to existing unit sub-stations.
Owner: Torrance Unified School District
Project: West High School Stadium Scoreboard Installation and Electrical Upgrade
Total Contract: $45,525.21
Description: Remove Existing Scoreboard and associate components. Remove and replace existing feeder cables and
electrical equipment. Assemble and month the new scoreboard
Owner: The City of Chino
Project: City Hall Portable Generator Connection Project
Total Contract: $28,293.65
Description: Installation of a new manual transfer switch (600V, 3-Phase, Nema 3) and portable generator connection
cabinet.
Owner: The City of Palmdale
Project: IS Server Room Electrical Upgrade Project
Total Contract: $161,481.49
Description: Server room power upgrade to include new main distribution board, conduit and cable. Disconnect and
Relocate Switch. Replacement of the backup cooling system and AC condensate drain system.
378
Owner: Glendale Unified School District
Project: Site Work CTE Project – Glendale HS
Total Contract: $28,500.00
Description: Installation of a 400 amp electrical Commercial breaker panel, conduit, 2/0 cables, a new transformer and
breaker panel in the air compressor room.
Owner: Mt. San Antonio Community College District
Project: Substation 26 Replacement
Total Contract: $103,500.00
Description: Installation of 225 KVA 3-Phase Transformer, Four (4) 3-Phase SF6 Linear Puffer Switches, main switch gear,
and selector switch at Substation 26 on the Farm.
Owner: South Pasadena Unified School District
Project: Room 223 Electrical at South Pasadena High School
Total Contract: $14,560.00
Description: Installation of 20 amp outlets to each of 7 hexagon lab work stations in room 223, Science Bldg. P. Work
includes adding a three-pole breaker to an existing 120/208 3-phase panel; extending conduit and wire to Prep Rm. P101
to add a subpanel; provide 14 breakers; run branch conduit and wire from the subpanel to feed 7 hexagon lab work stations
from ceiling area below into classroom 223 above; drill/core concrete floor to feed conduit up into the base of the seven
individual lab cabinets; run conduit and wire to four new outlets in the face of the cabinetry
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Jesus Castro
Crestline, CA • (951) 285-6641 • jgcbajacali1979@gmail.com
CERTIFIED ELECTRICIAN
Reliable, safety-conscious electrician with over 5 years of field experience in commercial,
residential, and industrial electrical systems. Completed the ABC SoCal Electrical Training
Program and holds General Electrician Certification in California. Skilled in reading
blueprints, installing and troubleshooting systems, and coordinating with project teams to
meet deadlines.
CERTIFICATIONS & EDUCATION
ABC Southern California Electrical Apprenticeship Program
Graduated: 2022 – 5-Year State-Approved Apprenticeship Program
General Electrician Certification – State of California
License #: T557273
OSHA 30 Certified
Arc Flash Certified
Lockout and Tagout
PROFESSIONAL EXPERIENCE
GA Technical Services, Inc. – Glendora, CA
Journeyman Electrician | Jan 2023 – Present
-Installed and maintained electrical systems in large commercial high-rises
-Interpreted blueprints and technical drawings to wire panels, outlets, and lighting systems
-Ensured compliance with NEC codes and project specifications
-Collaborated with foremen, engineers, and inspectors during inspections
Rosendin Electric – Anaheim, CA
Apprentice Electrician | June 2018 – Dec 2022
-Assisted in conduit bending, wire pulling, panel installation, and device terminations
-Gained experience with fire alarm, low-voltage, and energy management systems
-Maintained clean and organized job sites and ensured tool accountability
-Participated in safety meetings and toolbox talks weekly
SunPower Electric – Riverside, CA
Electrical Intern | Summer 2017
380
- Supported senior electricians in solar system installations for residential clients
- Conducted basic troubleshooting of inverters and monitored power output
- Assisted with ladder work, panel prep, and inventory control
KEY SKILLS
- Commercial & Residential Wiring
- Blueprint Reading & Code Compliance
- Panel Installation & Troubleshooting
- Conduit Bending & Raceway Systems
- Energy Efficiency Systems
- Strong Communication & Team Coordination
- Microsoft Excel & Field Reporting Software
REFERENCES
Available upon request
381
Jose Gomez
2766 Conejo Dr San
Bernardino, CA 92404 (909) 235-2991 josegomez7160@gmail.com
OBJECTIVE
A dedicated and strategic worker seeking to learn and contribute the required skills
for the continuing success of this organization. With the ability to utilize technical
knowledge and hands-on experience in electrical while developing new skills.
E D U C A T I O N — EXPERIENCE
San Gorgonio High School
High School Diploma
Received June 2nd, 2016.
San Bernardino Valley
College
Associate Degrees
Received December 17,
2022.
- Computer Engineering
Technology
- Electrical Technology
- Electric Power
Technology
Certificates of
Achievement
Received December 17,
2022.
- General Electrician
- Green Electrician
Eagle Roofing Products Co.
Stacker |
Ø Withdrew tiles from a conveyor belt in stacks ensuring
proper quality of the product, then transferred onto a
pallet with a strict piece count.
Ø Secured tiles in place with plastic strapping welds,
once wrapped, it was labeled with assigned color and
shipping destination.
Ø Verified tile molds traveled through the turn-table with
precise spacing and intact without present damage.
Nationwide Guard Services / Airtight Security Inc. / Allied
Universal
Security Professional | Jan.2021 – June 2023.
Ø Roamer: Executed various patrols by both vehicle and
foot, ensuring the property of the client was protected
against any unwanted visits, theft, suspicious activity,
damages, signs of vandalism, breaches, and/or break-
in attempts, if any, immediate action took place and
was dealt with accordingly.
Ø Gatekeeper: Kept watch over post’s entrances,
involving the logging and record keeping of trucks with
their companies, types of shipments, and products.
Also including the proper inspections of vehicles and
all personnel to guarantee correct attendance.
Ø Daily handwritten reports of every job and its tasks
were mandatorily expected.
Bliss Car Wash
Guest Service Agent | May 2020 – Dec. 2020.
Ø Greeter: Greeted, aided, offered, and sold customers,
washes, and memberships at the gated entry- way
kiosk.
Ø Tunnel Associate: Guided vehicles into the wash
tunnel in the appropriate manner to avoid wheel
damage as well as prepared them with proper
directions, quick soap scrubs, and pressure washes as
needed.
382
Ø Quality Control: Assured vehicles were properly
washed, dried remaining water, made sure all
customers were more than satisfied, and sent for a
rewash if necessary.
Pep Boys
Warehouse Associate | Sep. 2019 – Nov. 2019.
Ø Series of Forklifts Operator: Weighted, loaded, and
unloaded merchandise including:
Core, Defect, Special Order, and Overstock.
Ø Picker: Maneuvered stand-up forklift around the
warehouse to obtain, wrap, load, and ship necessary
merchandise to various store locations.
Ø Line Associate: Seized and placed merchandise
traveling down a series of conveyor belts in the
appropriate designated areas.
Saenz Welding Service
Aluminum and Stainless Steel Detailer | Jan. 2016 –
Aug. 2019
Ø Polished, Restored, and Shined compatible cosmetics
on 18-wheeler semi-trucks involving: Super Tens,
Strong Arms, Super Tags and Tag Axles.
Ø Components maintained: Wheels, Grilles, Hood lights,
Side-Steps, Fuel tanks, Battery Boxes, Mirrors, Visors,
Exhaust Pipes, and Air Filters.
K E Y S K I L L S —
Ø Advanced First Aid AED and CPR Certified
Ø OSHA Certified
Ø Biliterate
Ø Fast-learner
Ø Multitasker
Ø Proficient with Computer skills (Word, Excel, and
PowerPoint)
Ø Team Player
Ø Outstanding Organization Skills
Ø Problem-Solver
References
[Available upon request.]
383
JOSE MIRANDA
1775 enterprise avenue
Riverside ca. 92507
(951)315-9611
Josemiranda1775@gmail.com
OBJECTIVE
Experienced and trained electrician & electromechanical with more than 25 years of experience in the
residential and commercial field, I am currently seeking a position in an
electrical or electromechanical company, use my knowledge and strengths to show my strong technical skills
through projects and developments and by while meeting
strict deadlines.I would like to have an opportunity with a progressive company that uses my skills and abilities
to successfully achieve the goals and growth of the company.
EDUCATION
1981-1984 Instituto Technologico de Nogales- Electronic Technician
Technical subjects of the race
* Technical drawing.
* Applied computing.
* Basic Workshop.
* Basic electronic.
* Electrical Laboratory.
* Electrical circuits.
* Mathematics
* Algebra
* Geometry
1984-1988 Technological Institute of Nogales- Electricity and Electronics
* Some of the subjects taught in the career are:
* Introduction to Engineering
* Introduction to Programming
* Advanced Mathematics
* Numerical operation
* Electronic circuits
* Electromagnetism
* Signals processing
* Digital and Analog Communications Systems
* Laboratory
Professional profile
An electronic technician needs:
* Technical and teamwork skills.
* Practical skills.
* Excellent problem solving skills.
* Willingness to keep up with advances in technology.
* A logical, precise and methodical approach in your work.
* Ability to remain calm under pressure.
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* Understanding electrical health and safety regulations.
* Great communication skills.
* Work as a team with other technicians and engineers.
* The ability to read and interpret technical drawings and plans, and to explain them to other team members.
Competencies
* Supports engineers in research, design,development and repair of electronic products.
* Skills to direct.
* Leadership skills.
* Ability to prioritize tasks.
* Capacity for teamwork.
* Organizational capabilities.
* Able to stay calm under pressure.
* Able to keep up with advances in engineering.
* Able to receive instructions.
* Able to take initiative.
* Able to work with maturities.
* Creative.
* Manage teams.
* Flexible approach.
* Flexible.
* Guarantees the safety and efficiency of the equipment.
* Ability to motivate.
* Ability to react quickly and improvise if something doesn't go as planned.
* Ability to solve problems.
* Communicative skills.
* Social skills.
* Install electrical industrial machinery, for example, heating, ventilation and lighting systems.
* Carry out repairs on defective equipment.
* Maintains and repairs assembly lines.
* Participate in the development and maintenance of the equipment used to control / direct processes, systems
and machinery.
* Participate in researching new products and improvements to existing ones.
* Conduct research.
* Sensible.
* Work in team.
* Work closely with other professionals.
* Use fault diagnosis equipment.
PROFESIONAL EXPERIENCE
Badger Miller
Nogales mexico
1989-1994
* Tech in electromechanical
* Help design and produce equipment such as boards and electric motors.
* They ensure that all equipment is safe and works efficiently.
* Carry out the repair of any defective equipment, sometimes under the supervision of an electrical engineer.
Mundy Electric Inc.
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Page 3
Fullerton CA.
August 1998 - April 2006
* Electrical technician
* New construction electrical works
* Installation of recessed light and receptacles and new panels
* New cable installation
* Read Blue Prints, design a house. Home wired from start to finish.
* Installed outlets, switches, GFCIs, smoke detectors, exhaust fans, light fixtures, doorbells, ceiling fans, AC
disconnect boxes, and circuit breakers.
* Duct bending.
* Panel installation, including all PVC service supplies.
* Troubleshooting electrical wiring.
* Emergency light installation
Unified Contractor Inc.
Upland CA.
May 2006- December 2019
Master Electrician
* Resolving electricity problems at the residential level
* Installation of luminaires and luminaires
* Panel upgrades, lighting installation including ballast replacement, transformer replacement and controller.
* Diagnose electrical shorts in panels and home wiring using test kits to identify the cause of the fault,
troubleshoot, and improve code if necessary.
* Diagnose failures in systems, pool equipment, such as motors, pool heaters, and garage door openers.
* Work with living energy.
* Diagnosis of pool equipment and motor
* Multimeter and Ammeter
Embee power
Irvine CA
December 2019- today
* Journeyman Electrician install, repair, maintain and test commercial, industrial and residential electrical
systems in full support of Embee power's safety, operations and productivity initiatives
* hand and electric tools related to the electrical industry.
* Measure, cut, bend, thread, etc. and installing electrical wire and cable systems, conduit systems, and other
cable conduit systems.
* Feed, pull and terminate wires and cables within control centers, distribution boxes,transformers, 480 v, 3
phase transducers, switchgear, receptacles, switches, etc.
* Connect and terminate the cables at the junction points.
* Journeyman Electrician will troubleshoot equipment electrical systems and control circuits and build control
panels from drawings.
* Prepare sketches and schematic diagrams showing the location of electrical and wiring systems.
* Delegate tasks and help with the training of other employees.
* Communicate effectively with foremen and crew members.
* Maintain the workflow schedule to ensure all Embee power productivity goals are met.
* Demonstrate the highest level of professionalism and courtesy
* Installations of led fixtures, power paks, dimmer sw and program with wifi
* Commercial EV Charger Installs
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ABILITIES
• Learns fast
• Strong leadership skills
• Able to work under pressure
• Meet deadlines
• bilingual
• Good communication skills
• Customer service
• Team player
• Troubleshooting and diagnosis
• Read Blue Prints
• Electrical systems and controls
• Installation and repair
• Branch circuit wiring
• NEC codes and code book
• Efficient
• Subpanel installation
• Highly trained
• NFPA 70E®: Standard for Electrical Safety in the Workplace
387
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Page 1 of 3
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 11, 2025
PREPARED BY: Shawn Muir, Community Services Manager
SUBJECT: AWARD A MAINTENANCE SERVICES AGREEMENT TO URBAN WORX
CONTRUCTION, INC., AND PRO-CRAFT CONSTRUCTION, INC., FOR
ON-CALL PLUMBING SERVICES (PROJECT NO. MPK00010)
RECOMMENDATION:
1. Award a Maintenance Service Agreement to Urban Worx Construction, Inc. and Pro-Craft
Construction, Inc., for on-call plumbing services in the amount of $150,000 each, for a total
not to exceed $300,000 per fiscal year for a three -year term with the option of 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, two one-year extensions, change
orders, and any other documents necessary to effectuate the actions taken herewith.
4. Authorize National Community Renaissance of Ca lifornia, to enter into on-call contracts
with Urban Worx Construction, Inc. and Pro -Craft Construction, Inc., for on-call plumbing
services, on behalf of the Palm Desert Housing Authority.
BACKGROUND/ANALYSIS:
The City of Palm Desert (City) maintains 15 parks and 13 city owned facilities. The Palm D esert
Housing Authority maintains 15 affordable housing properties. Prompt attention to plumbing
issues is crucial to mitigate risks, including structural deterioration, mold growth, and health
hazards from contaminated water or sewage exposure. Delayed repairs can lead to increased
costs, facility disruptions and higher water consumption and expenses. By securing prompt and
reliable as-needed general plumbing services, the City can achieve effective, effi cient and safe
operations.
The City typically contracts with at least two highly skilled vendors that provide on-call plumbing
services based on the level of need citywide and to have redundancy in case a vendor cannot
respond to a work request to support the maintenance and operation of the various buildings
and outdoor facilities. Typical services include troubleshooting and repairing leaks or blockages;
replacing faucets, fixtures, and water heaters; installing or repairing water supply lines, drains,
toilets, sinks, and garbage disposals; addressing water pressure and drainage issues;
performing routine inspections; minor pipe rerouting; installing backflow prevention devices;
maintaining irrigation connections; and responding to emergency plumbing failures. The scope
of work covers the repair, replacement, and installation of plumbing components.
Staff issued Request for Proposal No. 2025 -RFP-197 through the City’s electronic bidding
platform, OpenGov, on July 8, 2025. The solicitation closed on August 11, 2025, with four
proposals received. A selection committee (Committee) evaluated the proposals base d on clarity
and conformance of the proposal to RFP requirements; quality and completeness of the work
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City of Palm Desert
Award Contracts for On-Call Plumbing Services
Page 2 of 3
plan; experience and performance of proposed team members; comments provided by
references; and fee proposals. The Committee ranked the proposals as foll ows:
Vendor Location Rank
Urban Worx Construction, Inc. Palm Desert, CA 1
Pro-Craft Construction, Inc. Redlands, CA 2
AMTEK Construction Orange, CA 3
Best Tec Palm Desert, CA 4
Based on the committee’s evaluation and the City’s past experience, staff recommends
awarding the Maintenance Service Agreement to Urban Worx Construction, Inc., & Pro -Craft
Construction, Inc., for an initial three-year term, with the option to extend for two additional one -
year periods, subject to satisfactory performance and available funding. The proposed
agreement is for on-call services, which allows staff to request work quickly as part of the City’s
day-to-day business. The City also holds task -order based contracts intended for larger
construction/installation projects.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
Appointed Body Recommendation:
The Housing Commission will consider recommendation of this item at its regular meeting on
September 10, 2025. Staff will be available to provi de information regarding the Commission’s
recommendation at the City Council and Housing Authority Board Meeting on September 11,
2025.
FINANCIAL IMPACT:
Funds have been included in the approved Fiscal Year 2025 -26 Financial Plan under Public
Works and Authority Operations in the amount of $3 05,000 under various accounts for On-Call
Plumbing Services. Of this amount, allocations cover both City-owned facilities and Palm Desert
Housing Authority properties.
For the Housing Authority, funding is included within its approved operating budget, and
expenses related to Housing Authority properties will be charged to the appropriate Housing
Authority accounts. Therefore, there is no further financial impact to the General Fund.
The table below lists the some but not all the various accounts and funds available:
Description Account No. Budget Contract
Civic Center Park 1104610-4332100 $25,000
Tri-Cities Sports 1104610-4337100 $7,500
Parks 1104611-4332501 $25,000
Medians 1104614-4332501 $10,000
Entrada Del Paseo 1104614-4392101 $10,000
Corporation Yard 1104330-4331000 $10,000
City Hall 1104340-4331000 $25,000
Portola Community Center 1104344-4331000 $5,000
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City of Palm Desert
Award Contracts for On-Call Plumbing Services
Page 3 of 3
Fire Stations 2304220-4331000 $25,000
Aquatic Center 2424549-4331101 $25,000
Desert Willow 4414195-4332000 $15,000
Government Bldgs 5104195-Multiple $47,500
Housing Authority 871xxxx -xxxx000 $75,000
**Urban Worx $150,000
**Pro-Craft $150,000
TOTAL $305,000 $300,000
**Current request
Although the amounts listed are intended to cover the costs, actual distribution will vary based on actual use.
Staff will continue to budget accordingly during the annual budget process to ensure adequate
funding in future fiscal years.
ATTACHMENTS:
1. Urban Worx Construction Agreement
2. Pro-Craft Construction Agreement
3. Urban Worx Construction Payment and Performance Bonds
4. Pro-Craft Construction Payment and Performance Bonds
5. Urban Worx Construction Proposal
6. Pro-Craft Construction Proposal
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Contract No. ___________
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Revised 01-2024
BBK 72500.00001\32374943.1
CITY OF PALM DESERT AND PALM DESERT HOUSING AUTHORITY
MAINTENANCE SERVICES AGREEMENT
1. Parties and Date. This Agreement is made and entered into this 11th day of September,
2025, by and between the City of Palm Desert, a municipal corporation, or Palm Desert Housing
Authority, a public body, 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 Pro-
Craft Construction, Inc., an S Corporation, with its principal place of business at 500 Iowa
Street, Redlands, CA 92373 ("Contractor"). The City and Contractor 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 Plumbing Services
Project No. MPK00010
(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 2 additional one-year
terms. Contractor shall complete the Services within the term of this Agreement and shall meet
any other established schedules and deadlines. The Parties may, by mutual, written consent,
extend the term of this Agreement if necessary to complete the Services.
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Contract No. ___________
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Revised 01-2024
BBK 72500.00001\32374943.1
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine the
means, methods, and details of performing the Services subject to the requirements of this
Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Any personnel performing the Services under this Agreement on behalf of Contractor shall not be
employees of City and shall at all times be under Contractor’s exclusive direction and control.
Contractor shall pay all wages, salaries, and other amounts due such personnel in connection
with their performance of Services under this Agreement and as required by law. Contractor shall
be responsible for all reports and obligations respecting such additional personnel, including, but
not limited to social security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and
timely manner in accordance with 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 Shawn Muir, Community
Services Manager, or his or her designee, to act as its representative for the performance of this
Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf
of the City 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 Christopher
McFayden, President, or his or her designee, to act as its representative for the performance of
this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full
authority to represent and act on behalf of the Contractor for all purposes under this Agreement.
The Contractor’s Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means, methods, techniques, sequences, and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in
the performance of Services and shall be available to City’s staff, consultants, and other staff at
all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Contractor warrants that all employees and subcontractors
shall have sufficient skill and experience to perform the Services assigned to them. Finally,
Contractor represents that it, its employees, and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Services,
including a City Business License, and that such licenses and approvals shall be maintained
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Contract No. ___________
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Revised 01-2024
BBK 72500.00001\32374943.1
throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and
without reimbursement from the City, any services necessary to correct errors or omissions which
are caused by the Contractor’s failure to comply with the standard of care provided for herein.
Any employee of the Contractor or its sub-contractors who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance. 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.
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3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer, and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination. Contractor shall comply with all relevant provisions of City’s Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in
effect or hereinafter enacted.
3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws,
rules and regulations in furnishing or using equipment and/or providing services, including, but
not limited to, emissions limits and permitting requirements imposed by the California Air
Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and
requirements’ application to “portable equipment”, which definition is considered by CARB to
include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against
any fines or penalties imposed by CARB or any other governmental or regulatory agency for
violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others
for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.5 Water Quality Management and Compliance. To the extent
applicable, Contractor’s Services must account for, and fully comply with, all local, state and
federal laws, rules and regulations that may impact water quality compliance, including, without
limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300);
the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency and the State Water Resources
Control Board; the City’s ordinances regulating discharges of storm water; and any and all
regulations, policies, or permits issued pursuant to any such authority regulating the discharge of
pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or
surface water in the State. Failure to comply with the laws, regulations and policies described in
this Section is a violation of law that may subject Contractor to penalties, fines, or additional
regulatory requirements.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Contractor’s
indemnification of City, and prior to commencement of the Services, Contractor shall obtain,
provide, and maintain at its own expense during the term of this Agreement, policies of insurance
of the type and amounts described below and in a form that is satisfactory to City.
(A) General Liability Insurance. Contractor shall maintain
commercial general liability insurance with coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must include
contractual liability that has not been amended. Any endorsement restricting standard ISO
“insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Contractor arising out of or in connection
with Work to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
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accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant
will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
(C) Umbrella or Excess Liability Insurance. Contractor may opt to
utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury, and property damage liability
coverage at least as broad as the primary coverages set forth above, including commercial
general liability and employer’s liability. Such policy or policies shall include the following terms
and conditions:
(a) A drop-down feature requiring the policy to
respond if any primary insurance that would
otherwise have applied proves to be uncollectible in
whole or in part for any reason;
(b) Pay on behalf of wording as opposed to
reimbursement;
(c) Concurrency of effective dates with primary
policies; and
(d) Policies shall “follow form” to the underlying
primary policies.
(e) Insureds under primary policies shall also be
insureds under the umbrella or excess policies.
(D) Workers’ Compensation Insurance. Contractor shall maintain
Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with
limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed
officers, and their respective agents, officials, employees, volunteers, and representatives.
(E) Fidelity Coverage. Reserved.
(F) Cyber Liability Insurance. Reserved.
(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
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property, which may arise from or in connection with the performance of the work hereunder by
Contractor, his/her agents, representatives, employees, or subconsultants.
(C) Primary/Non-Contributing. Coverage provided by Contractor
shall be primary and any insurance or self-insurance procured or maintained by City shall not be
required to contribute with it. The limits of insurance required herein may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary
and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance
shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of
insurance required under this Agreement does not comply with these specifications, or is
canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will
withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City
may cancel this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by
an insurance company currently authorized by the Insurance Commissioner to transact business
of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger)
in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by
the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its
elected or appointed officers, and their respective agents, officials, employees, volunteers, and
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
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for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(J) Additional Insured Status. General liability, automobile liability,
and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to
provide that the City, its elected or appointed officers, and their respective agents, officials,
employees, volunteers, and representatives, shall be additional insureds under such policies. This
provision shall also apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of the
coverages required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
(L) Separation of Insureds. A severability of interests provision must
apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to
each insured against whom claim is made or suit is brought, except with respect to t he insurer’s
limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(M) Pass Through Clause. Contractor agrees to ensure that its sub-
consultants, sub-contractors, and any other party involved with the Project who is brought onto or
involved in the project by Contractor, provide the same minimum insurance coverage and
endorsements required of Contractor. Contractor agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contractor agrees that upon request, all agreements with
consultants, subcontractors, and others engaged in the Project will be submitted to City for review.
(N) City’s Right to Revise Specifications. The City or its Risk
Manager reserves the right at any time during the term of the contract to change the amounts and
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
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work and the conditions under which the work is to be performed. Safety precautions, where
applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.2.13 Bonds.
3.2.13.1 Performance Bond. If required by law or otherwise specifically
requested by City, 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, 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,
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documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.2.15 Work Sites.
3.2.15.1 Inspection of Site. Contractor shall visit sites where Services are
to be performed and shall become acquainted with all conditions affecting the Services prior to
commencing the Services. Contractor shall make such examinations as it deems necessary to
determine the condition of the work sites, its accessibility to materials, workmen and equipment,
and to determine Contractor’s ability to protect existing surface and subsurface improvements.
No claim for allowances–time or money–will be allowed as to such matters after commencement
of the Services.
3.2.15.2 Field Measurements. Contractor shall make field measurements,
verify field conditions, and shall carefully compare such field measurements and conditions and
other information known to Contractor with the Contract, including any plans, specifications, or
scope of work before commencing Services. Errors, inconsistencies, or omissions discovered
shall be reported to the City immediately and prior to performing any Services or altering the
condition.
3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor
encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic
wastes, hazardous substances and hazardous materials as defined in California state or federal
law at the site which have not been rendered harmless, the Contractor shall immediately stop
work at the affected area and shall report the condition to the City in writing. The City shall contract
for any services required to directly remove and/or abate PCBs, hazardous substances, other
toxic wastes, and hazardous materials, and shall not require the Contractor to subcontract for
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
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replacements comply with the requirements of the Agreement. All costs associated with such
corrective actions and testing, including the removal, replacement, and reinstitution of equipment
and materials necessary to gain access, shall be the sole responsibility of the Contractor. All
warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any
portion of the work, whether express or implied, are deemed to be obtained by Contractor for the
benefit of the City, regardless of whether or not such warranties and guarantees have been
transferred or assigned to the City by separate agreement and Contractor agrees to enforce such
warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails
to perform its obligations under this Section, or under any other warranty or guaranty under this
Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and
replace any defective or non-conforming work and any work damaged by such work or the
replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to
fully reimburse the City for any expenses incurred hereunder upon demand.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in
Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall
not exceed One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) without written
approval of the City Council, Housing Authority, City Manager, or Executive Director, 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.
3.3.3 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.
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3.3.6 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing
wage rates and the performance of other requirements on “public works” and “maintenance”
projects. If the Services are being performed as part of an applicable “public works” or
“maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is
$1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall
provide Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Contractor shall make copies of the prevailing rates of per
diem wages for each craft, classification or type of worker needed to execute the Services
available to interested parties upon request and shall post copies at the Contractor’s principal
place of business and at the Project site. Contractor shall defend, indemnify, and hold the City,
its elected or appointed officers, and their respective agents, officials, employees, volunteers and
representatives free and harmless from any claim or liability arising out of any 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.
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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.
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: Pro-Craft Construction, Inc.
500 Iowa Street
Redlands, CA 92373
ATTN: Christopher McFayden, President
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 rendered
against the City, its elected or appointed officers, and their respective agents, officials, employees,
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volunteers, and representatives as part of any such claim, suit, action, or other proceeding.
Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or
appointed officers, and their respective agents, officials, employees, volunteers, and
representatives as part of any such claim, suit, action, or other proceeding. Such reimbursement
shall include payment for City’s attorney’s fees and costs, including expert witness fees.
Contractor shall reimburse the City, its elected or appointed officers, and their respective agents,
officials, employees, volunteers, and representatives, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Contractor’s obligation to indemnify shall survive expiration or termination of this Ag reement, 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.
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3.5.9 Amendment; Modification. No supplement, modification or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel or otherwise.
3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in
Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed
by the Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not
paid, nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer, or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings, or agreements. This Agreement may only be modified by a writing signed by both
parties.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT AND THE PALM DESERT HOUSING
AUTHORITY AND PRO-CRAFT 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
PRO-CRAFT CONSTRUCTION, INC., AN S
CORPORATION
Contractor’s License Number and
if applicable
City Clerk QC: _____
Contracts QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
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EXHIBIT “A”
SCOPE OF SERVICES
The scope of services includes repairs, replacements, and installation of plumbing components,
including but not limited to, the following: troubleshooting leaks or blockages, replacing faucets
and fixtures, repairing or installing water supply lines, clearing clogged drains, installing or
replacing toilets, sinks, and garbage disposals, repairing or replacing water heaters, and
addressing issues related to water pressure or drainage. The scope of services may also include,
but is not limited to, the following: routine inspections, minor pipe rerouting, installation of backflow
prevention devices, maintenance of irrigation system connections, and emergency response to
plumbing failures.
The Contractor will be required to provide all necessary vehicles, tools, equipment, and materials
to perform the Services.
The Contractor will be required to perform Services at a negotiated hourly rate based on
established hourly rates for contractor equipment and personnel, plus established mark-up for
furnished equipment and materials. Prevailing wage rates are required.
The Contractor shall provide personnel qualified to perform the Services outlined in this RFP and
Agreement.
The Contractor shall provide:
• 24-hour emergency service
• Dispatch 24 hours per day
• Emergency Two (2)-hour call back response
• Standard, Non-Emergency work 48-hour call back response.
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EXHIBIT “B”
SCHEDULE OF SERVICES
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 2 additional one-year terms. Contractor shall complete
the Services within the term of this Agreement and shall meet any other established schedules
and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if
necessary to complete the Services.
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EXHIBIT “C”
COMPENSATION
The total annual compensation shall not exceed $150,000.00 per fiscal year and may only be
adjusted for Consumer Price Index for all Urban Consumers (CPI -U) for the Riverside-San
Bernardino Ontario, CA Region rate for the 12-month period ending May, with written approval
from the City Council or City Manager following FY 2025-26, as applicable. Payment and
Performance Bonds apply and will follow after the compensation.
*Parts to be paid at cost noted on submitted receipt(s) plus an allowable mark-up of 15%
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CITY OF PALM DESERT AND PALM DESERT HOUSING AUTHORITY
MAINTENANCE SERVICES AGREEMENT
1. Parties and Date. This Agreement is made and entered into this 11th day of September,
2025, by and between the City of Palm Desert, a municipal corporation, or Palm Desert Housing
Authority, a public body, 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 Urban
Worx Construction, Inc, a Corporation, with its principal place of business at 39203 Leopard
Street, Suite B, Palm Desert, CA 92211 ("Contractor"). The City and Contractor 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 Plumbing Services
Project No. MPK00010
(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 2 additional one-year
terms. Contractor shall complete the Services within the term of this Agreement and shall meet
any other established schedules and deadlines. The Parties may, by mutual, written consent,
extend the term of this Agreement if necessary to complete the Services.
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3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine the
means, methods, and details of performing the Services subject to the requirements of this
Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Any personnel performing the Services under this Agreement on behalf of Contractor shall not be
employees of City and shall at all times be under Contractor’s exclusive direction and control.
Contractor shall pay all wages, salaries, and other amounts due such personnel in connection
with their performance of Services under this Agreement and as required by law. Contractor shall
be responsible for all reports and obligations respecting such additional personnel, including, but
not limited to social security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and
timely manner in accordance with 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 Shawn Muir, Community
Services Manager, or his or her designee, to act as its representative for the performance of this
Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf
of the City 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 James
Henderson, President, or his or her designee, to act as its representative for the performance of
this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full
authority to represent and act on behalf of the Contractor for all purposes under this Agreement.
The Contractor’s Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means, methods, techniques, sequences, and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in
the performance of Services and shall be available to City’s staff, consultants, and other staff at
all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Contractor warrants that all employees and subcontractors
shall have sufficient skill and experience to perform the Services assigned to them. Finally,
Contractor represents that it, its employees, and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Services,
including a City Business License, and that such licenses and approvals shall be maintained
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throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and
without reimbursement from the City, any services necessary to correct errors or omissions which
are caused by the Contractor’s failure to comply with the standard of care provided for herein.
Any employee of the Contractor or its sub-contractors who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance. 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.
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3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer, and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination. Contractor shall comply with all relevant provisions of City’s Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in
effect or hereinafter enacted.
3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws,
rules and regulations in furnishing or using equipment and/or providing services, including, but
not limited to, emissions limits and permitting requirements imposed by the California Air
Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and
requirements’ application to “portable equipment”, which definition is considered by CARB to
include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against
any fines or penalties imposed by CARB or any other governmental or regulatory agency for
violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others
for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.5 Water Quality Management and Compliance. To the extent
applicable, Contractor’s Services must account for, and fully comply with, all local, state and
federal laws, rules and regulations that may impact water quality compliance, including, without
limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300);
the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency and the State Water Resources
Control Board; the City’s ordinances regulating discharges of storm water; and any and all
regulations, policies, or permits issued pursuant to any such authority regulating the discharge of
pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or
surface water in the State. Failure to comply with the laws, regulations and policies described in
this Section is a violation of law that may subject Contractor to penalties, fines, or additional
regulatory requirements.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Contractor’s
indemnification of City, and prior to commencement of the Services, Contractor shall obtain,
provide, and maintain at its own expense during the term of this Agreement, policies of insurance
of the type and amounts described below and in a form that is satisfactory to City.
(A) General Liability Insurance. Contractor shall maintain
commercial general liability insurance with coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must include
contractual liability that has not been amended. Any endorsement restricting standard ISO
“insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Contractor arising out of or in connection
with Work to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
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accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant
will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
(C) Umbrella or Excess Liability Insurance. Contractor may opt to
utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury, and property damage liability
coverage at least as broad as the primary coverages set forth above, including commercial
general liability and employer’s liability. Such policy or policies shall include the following terms
and conditions:
(a) A drop-down feature requiring the policy to
respond if any primary insurance that would
otherwise have applied proves to be uncollectible in
whole or in part for any reason;
(b) Pay on behalf of wording as opposed to
reimbursement;
(c) Concurrency of effective dates with primary
policies; and
(d) Policies shall “follow form” to the underlying
primary policies.
(e) Insureds under primary policies shall also be
insureds under the umbrella or excess policies.
(D) Workers’ Compensation Insurance. Contractor shall maintain
Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with
limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed
officers, and their respective agents, officials, employees, volunteers, and representatives.
(E) Fidelity Coverage. Reserved.
(F) Cyber Liability Insurance. Reserved.
(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
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property, which may arise from or in connection with the performance of the work hereunder by
Contractor, his/her agents, representatives, employees, or subconsultants.
(C) Primary/Non-Contributing. Coverage provided by Contractor
shall be primary and any insurance or self-insurance procured or maintained by City shall not be
required to contribute with it. The limits of insurance required herein may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary
and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance
shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of
insurance required under this Agreement does not comply with these specifications, or is
canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will
withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City
may cancel this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by
an insurance company currently authorized by the Insurance Commissioner to transact business
of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger)
in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by
the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its
elected or appointed officers, and their respective agents, officials, employees, volunteers, and
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
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for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(J) Additional Insured Status. General liability, automobile liability,
and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to
provide that the City, its elected or appointed officers, and their respective agents, officials,
employees, volunteers, and representatives, shall be additional insureds under such policies. This
provision shall also apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of the
coverages required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
(L) Separation of Insureds. A severability of interests provision must
apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to
each insured against whom claim is made or suit is brought, except with respect to t he insurer’s
limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(M) Pass Through Clause. Contractor agrees to ensure that its sub-
consultants, sub-contractors, and any other party involved with the Project who is brought onto or
involved in the project by Contractor, provide the same minimum insurance coverage and
endorsements required of Contractor. Contractor agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contractor agrees that upon request, all agreements with
consultants, subcontractors, and others engaged in the Project will be submitted to City for review.
(N) City’s Right to Revise Specifications. The City or its Risk
Manager reserves the right at any time during the term of the contract to change the amounts and
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
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work and the conditions under which the work is to be performed. Safety precautions, where
applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.2.13 Bonds.
3.2.13.1 Performance Bond. If required by law or otherwise specifically
requested by City, 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, 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,
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documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.2.15 Work Sites.
3.2.15.1 Inspection of Site. Contractor shall visit sites where Services are
to be performed and shall become acquainted with all conditions affecting the Services prior to
commencing the Services. Contractor shall make such examinations as it deems necessary to
determine the condition of the work sites, its accessibility to materials, workmen and equipment,
and to determine Contractor’s ability to protect existing surface and subsurface improvements.
No claim for allowances–time or money–will be allowed as to such matters after commencement
of the Services.
3.2.15.2 Field Measurements. Contractor shall make field measurements,
verify field conditions, and shall carefully compare such field measurements and conditions and
other information known to Contractor with the Contract, including any plans, specifications, or
scope of work before commencing Services. Errors, inconsistencies, or omissions discovered
shall be reported to the City immediately and prior to performing any Services or altering the
condition.
3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor
encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic
wastes, hazardous substances and hazardous materials as defined in California state or federal
law at the site which have not been rendered harmless, the Contractor shall immediately stop
work at the affected area and shall report the condition to the City in writing. The City shall contract
for any services required to directly remove and/or abate PCBs, hazardous substances, other
toxic wastes, and hazardous materials, and shall not require the Contractor to subcontract for
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
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replacements comply with the requirements of the Agreement. All costs associated with such
corrective actions and testing, including the removal, replacement, and reinstitution of equipment
and materials necessary to gain access, shall be the sole responsibility of the Contractor. All
warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any
portion of the work, whether express or implied, are deemed to be obtained by Contractor for the
benefit of the City, regardless of whether or not such warranties and guarantees have been
transferred or assigned to the City by separate agreement and Contractor agrees to enforce such
warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails
to perform its obligations under this Section, or under any other warranty or guaranty under this
Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and
replace any defective or non-conforming work and any work damaged by such work or the
replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to
fully reimburse the City for any expenses incurred hereunder upon demand.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in
Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall
not exceed One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) without written
approval of the City Council, Housing Authority, City Manager, or Executive Director, 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.
3.3.3 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.
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3.3.6 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing
wage rates and the performance of other requirements on “public works” and “maintenance”
projects. If the Services are being performed as part of an applicable “public works” or
“maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is
$1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall
provide Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Contractor shall make copies of the prevailing rates of per
diem wages for each craft, classification or type of worker needed to execute the Services
available to interested parties upon request and shall post copies at the Contractor’s principal
place of business and at the Project site. Contractor shall defend, indemnify, and hold the City,
its elected or appointed officers, and their respective agents, officials, employees, volunteers and
representatives free and harmless from any claim or liability arising out of any 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.
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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.
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: Urban Worx Construction, Inc.
39203 Leopard Street Ste. B
Palm Desert, CA 92211
ATTN: James Henderson, President
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 rendered
against the City, its elected or appointed officers, and their respective agents, officials, employees,
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volunteers, and representatives as part of any such claim, suit, action, or other proceeding.
Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or
appointed officers, and their respective agents, officials, employees, volunteers, and
representatives as part of any such claim, suit, action, or other proceeding. Such reimbursement
shall include payment for City’s attorney’s fees and costs, including expert witness fees.
Contractor shall reimburse the City, its elected or appointed officers, and their respective agents,
officials, employees, volunteers, and representatives, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and
shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its
elected or appointed officers, and their respective agents, officials, employees, volunteers, and
representatives.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall
be governed by the laws of the State of California. Venue shall be in Riverside County. In addition
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.
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3.5.9 Amendment; Modification. No supplement, modification or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel or otherwise.
3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in
Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed
by the Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not
paid, nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer, or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings, or agreements. This Agreement may only be modified by a writing signed by both
parties.
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15
SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT AND THE PALM DESERT HOUSING
AUTHORITY AND URBAN WORX 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
URBAN WORX CONSTRUCTION, INC., A
CORPORATION
Contractor’s License Number and
if applicable
City Clerk QC: _____
Contracts QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
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72500.00001\32374943.1
EXHIBIT “A”
SCOPE OF SERVICES
The scope of services includes repairs, replacements, and installation of plumbing components,
including but not limited to, the following: troubleshooting leaks or blockages, replacing faucets
and fixtures, repairing or installing water supply lines, clearing clogged drains, installing or
replacing toilets, sinks, and garbage disposals, repairing or replacing water heaters, and
addressing issues related to water pressure or drainage. The scope of services may also include,
but is not limited to, the following: routine inspections, minor pipe rerouting, installation of backflow
prevention devices, maintenance of irrigation system connections, and emergency response to
plumbing failures.
The Contractor will be required to provide all necessary vehicles, tools, equipment, and materials
to perform the Services.
The Contractor will be required to perform Services at a negotiated hourly rate based on
established hourly rates for contractor equipment and personnel, plus established mark-up for
furnished equipment and materials. Prevailing wage rates are required.
The Contractor shall provide personnel qualified to perform the Services outlined in this RFP and
Agreement.
The Contractor shall provide:
• 24-hour emergency service
• Dispatch 24 hours per day
• Emergency Two (2)-hour call back response
• Standard, Non-Emergency work 48-hour call back response.
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EXHIBIT “B”
SCHEDULE OF SERVICES
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 2 additional one-year terms. Contractor shall complete
the Services within the term of this Agreement and shall meet any other established schedules
and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if
necessary to complete the Services.
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EXHIBIT “C”
COMPENSATION
The total annual compensation shall not exceed $150,000.00 per fiscal year and may only be
adjusted for Consumer Price Index for all Urban Consumers (CPI -U) for the Riverside-San
Bernardino Ontario, CA Region rate for the 12-month period ending May, with written approval
from the City Council or City Manager following FY 2025-26, as applicable. Payment and
Performance Bonds apply and will follow after the compensation.
*Parts to be paid at cost noted on submitted receipt(s) plus an allowable mark -up of 15%
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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 Pro-Craft Construction, Inc., (hereinafter referred to as the “Contractor”) an agreement for On-
Call Plumbing Services (Project No. MPK00010) (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 September 11, 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, Pro-Craft 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 One Hundred Fifty Thousand Dollars, ($150,000), said sum
being not less than one hundred percent (100%) of the total amount of the Contract, for which
amount well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all
materials and workmanship; and shall indemnify and save harmless the City, its elected or
appointed officers, and their respective agents, officials, employees, volunteers and
representatives, as stipulated in said Contract Documents, then this obligation shall become null
and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship,
Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder
shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s
rights or the Contractor or Surety’s obligations under the Contract, law, or equity, including, but
not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or
shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the
Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
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Contract No. ___________
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term
“balance of the contract price” as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California
and federal law and make available as work progresses sufficient funds to pay the
cost of completion of the Project, less the balance of the contract price, including
other costs and damages for which Surety may be liable. The term “balance of the
contract price” as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any
amount previously paid by the City to the Contractor and any other set offs
pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which
may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid
from Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City’s objection to Contractor’s further participation in the completion of the
Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract Documents or to the Project to be
performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the Contract
Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845
of the California Civil Code.
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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.
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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
432
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
433
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 September 11, 2025, has awarded to Pro-Craft Construction, Inc.,
hereinafter designated as the “Principal,” a contract for the work described as follows:
On-Call Plumbing Services (Project No. MPK00010) (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 September 11, 2025, (“Contract Documents”), the
terms and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the Surety
on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety,
are held and firmly bound unto the City in the penal sum of One Hundred Fifty Thousand Dollars,
($150,000) 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
relating to any scheme or work of improvement herein above described, nor by any rescission or
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Contract No. ___________
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or
subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to
recover under any such contract or agreement or under the bond, nor by any fraud practiced by
any person other than the claimant seeking to recover on the bond and that this bond be construed
most strongly against the Surety and in favor of all persons for whose benefit such bond is given,
and under no circumstances shall Surety be released from liability to those for whose benefit such
bond has been given, by reason of any breach of contract between the owner or City and original
contractor or on the part of any obligee named in such bond, but the sole conditions of recovery
shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been
paid the full amount of his claim and that Surety does hereby waive notice of any such change,
extension of time, addition, alteration or modification herein mentioned and the provisions of
sections 2819 and 2845 of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
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Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20__.
(Corporate Seal)
Contractor/ Principal
By ____________________ ____
Printed name: _______________________
Title: ______________________________
(Corporate Seal) Surety
By: ________________________________
Printed Name: _______________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the
Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to
do so must be attached hereto.
436
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
437
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
438
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 Urban Worx Construction, Inc., (hereinafter referred to as the “Contractor”) an agreement for
On-Call Plumbing Services (Project No. MPK00010) (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 September 11, 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, Urban Worx 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 One Hundred Fifty Thousand Dollars, ($150,000), said sum
being not less than one hundred percent (100%) of the total amount of the Contract, for which
amount well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all
materials and workmanship; and shall indemnify and save harmless the City, its elected or
appointed officers, and their respective agents, officials, employees, volunteers and
representatives, as stipulated in said Contract Documents, then this obligation shall become null
and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship,
Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder
shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s
rights or the Contractor or Surety’s obligations under the Contract, law, or equity, including, but
not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or
shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the
Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
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Contract No. ___________
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term
“balance of the contract price” as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California
and federal law and make available as work progresses sufficient funds to pay the
cost of completion of the Project, less the balance of the contract price, including
other costs and damages for which Surety may be liable. The term “balance of the
contract price” as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any
amount previously paid by the City to the Contractor and any other set offs
pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which
may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid
from Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City’s objection to Contractor’s further participation in the completion of the
Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract Documents or 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]
440
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.
441
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
442
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
443
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 September 11, 2025, has awarded to Urban Worx Construction, Inc.,
hereinafter designated as the “Principal,” a contract for the work described as follows:
On-Call Plumbing Services (Project No. MPK00010) (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 September 11, 2025, (“Contract Documents”), the
terms and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the Surety
on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety,
are held and firmly bound unto the City in the penal sum of One Hundred Fifty Thousand Dollars,
($150,000) 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
relating to any scheme or work of improvement herein above described, nor by any rescission or
444
Contract No. ___________
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or
subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to
recover under any such contract or agreement or under the bond, nor by any fraud practiced by
any person other than the claimant seeking to recover on the bond and that this bond be construed
most strongly against the Surety and in favor of all persons for whose benefit such bond is given,
and under no circumstances shall Surety be released from liability to those for whose benefit such
bond has been given, by reason of any breach of contract between the owner or City and original
contractor or on the part of any obligee named in such bond, but the sole conditions of recovery
shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been
paid the full amount of his claim and that Surety does hereby waive notice of any such change,
extension of time, addition, alteration or modification herein mentioned and the provisions of
sections 2819 and 2845 of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
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Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20__.
(Corporate Seal)
Contractor/ Principal
By ____________________ ____
Printed name: _______________________
Title: ______________________________
(Corporate Seal) Surety
By: ________________________________
Printed Name: _______________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the
Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to
do so must be attached hereto.
446
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
447
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
448
City of Palm Desert
PW - Operations & Maintenance
Randy Chavez, Director of Public Works
73-510 Fred Waring Drive, Palm Desert, CA 92260
[PRO-CRAFT CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2025-RFP-197
On-Call Plumbing Services
RESPONSE DEADLINE: August 11, 2025 at 2:00 pm
Report Generated: Monday, August 18, 2025
Pro-Craft Construction, Inc. Response
CONTACT INFORMATION
Company:
Pro-Craft Construction, Inc.
Email:
estimating@procraftci.com
Contact:
estimating Department
Address:
500 Iowa Street
Redlands, CA 92373
Phone:
(909) 790-5222 Ext: 112
Website:
www.procraftci.com
Submission Date:
Aug 11, 2025 12:32 PM (Pacific Time)
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Page 2
ADDENDA CONFIRMATION
No addenda issued
QUESTIONNAIRE
1. Proposal (WITHOUT COST)*
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organ ized and
include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include:
1. Cover Letter
A. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of
the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone
number authorized to negotiate Agreement terms and compensation.
2. Experience and Technical Competence
A. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s
experience with similar Service as described in this RFP.
B. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this
RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact
person.
3. Firm Staffing and Key Personnel
A. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as
well as your firm’s capacity to provide additional personnel as needed.
B. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and
responsibility of each individual.
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C. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel.
D. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor
that is anticipated to perform each function.
4. Proposed Method to Accomplish the Work
A. Describe the technical and management approach to providing the Services to the City. Proposer should take into account
the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and
deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described
herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the
discussion of its proposed method to accomplish the work.
Proposal.pdf
Service_T&M_Equip_Only_Expire_20260701.pdf
2. Non-Collusion Declaration*
The undersigned declares:
I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organizat ion, or
corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited a ny other Bidder
to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone
else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, prof it, or cost
element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or
indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
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Page 4
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company,
limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does exec ute, this
declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Confirmed
3. Enter your valid CA Contractors State License Board (CSLB) number*
Please enter your License Number here. This will be verified against the state database.
467234
Click to Verify Value will be copied to clipboard
4. 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.
1000001106
Click to Verify Value will be copied to clipboard
5. Type of Business*
S Corporation (if corporation, two signatures are required)
6. Litigation*
Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5)
years (or type "N/A").
Please see attached confidential document.
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Page 5
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Request For Proposal - On-Call Plumbing Services
Page 6
7. Changes to Agreement*
The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify a ny
objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are
identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may effect
theCity's decision to enter into an Agreement.
N/A
8. No Deviations from the RFP*
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, b ut not limited
to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection of the
proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification
provisions therein (or type "N/A").
Maximum response length: 5000 characters
N/A
9. Project Team Resumes*
Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualificati ons,
education, and professional licensing.
Pro-Craft-Resumes-2021-Leslie_Kussman.pdf
Pro-Craft-Resumes-2023-04-Everett_Trinidad.pdf
Resumes-Garrett_Kelley.pdf
Resumes-Joseph_Ramirez.pdf
Resumes-Kyle_Chanthachak.pdf
Resumes-Matthew_Dalgity-02-22.pdf
Tyler_Leavitt_-_Resume.pdf
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10. List the Signatory(s) Authorized to Sign and Bind an Agreement.*
(If two (2) signatures are required, include the following information for both signatories)
1. Full Name
2. Title
3. Physical Business Address
4. Email Address
5. Phone Number
Corporation (C-Corp, S,B, Stock etc.): Requires two signatures—both from authorized officers (e.g., President, Vice President,
Secretary, or Treasurer). If signing authority is not held by a President, Vice President, Treasurer, or Secretary, a Corporate Resolution
or Article of Authority is needed to verify the signer’s authorization.
LLC: Usually requires one signature from an authorized member or manager. For significant contracts (e.g., over $50,000 for
construction or over $25,000 for service agreements), additional approvals or s ignatures may be required.
Sole Proprietorship, Non-Profit, Single LLC: Only the one signature is necessary.
A. Christopher McFayden
B. President/CEO
C. 500 Iowa Street, Redlands, CA 92373
D. estimating@procraftci.com
E. 909-790-5222
A. Susan McFayden
B. CFO
C. 500 Iowa Street, Redlands, CA 92373
D. estimating@procraftci.com
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E. 909-790-5222
11. Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accord ance
with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.*
Confirmed
PRICE TABLES
Line Item Description Unit of Measure Unit Cost
1 Supervisor/Foreman - Standard Rate Hour $238.87
2 Supervisor/Foreman - Emergency/After-Hours Rate Hour $300.06
3 Supervisor/Foreman - Weekend/Holiday Rate Hour $361.27
4 Journeyman - Standard Rate Hour $173.07
5 Journeyman - Emergency/After-Hours Rate Hour $219.12
6 Journeyman - Weekend/Holiday Rate Hour $271.87
7 Apprentice - Standard Rate Hour $136.55
8 Apprentice - Emergency/After-Hours Rate Hour $180.56
9 Apprentice - Weekend/Holiday Rate Hour $224.58
10 Laborer - Standard Rate Hour $150.06
11 Laborer - Emergency/After-Hours Rate Hour $193.34
456
[PRO-CRAFT CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2025-RFP-197
On-Call Plumbing Services
[PRO-CRAFT CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT
Request For Proposal - On-Call Plumbing Services
Page 9
Line Item Description Unit of Measure Unit Cost
12 Laborer - Weekend/Holiday Rate Hour $236.60
457
1
On-Call Plumbing Services
PREPARED BY PREPARED FOR
Pro-Craft Construction, Inc.
Leslie Kussman
Service Manager
500 Iowa Street
Redlands, CA 92373
909-790-5222
estimating@procraftci.com
City of Palm Desert and Palm Desert Housing Authority
City of Palm Desert and
Palm Desert Housing Authority
73-510 Fred Waring Drive
Palm Desert, CA 92260
1
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500 Iowa Street, Redlands, CA 92373 | procraftci.com | 909.790.5222 | License # CA 467234 C-36, C-34, B, A, C-42, C-2, C-16 | DIR 1000001106
2
Pro-Craft Construction – Cover Letter
Founded in 2003 by Tim McFayden with one truck, a $350,000 bonding capacity, and a commitment to
integrity, professionalism, and honesty, Pro-Craft Construction has grown into a leading contractor in
Southern California. Today, with over 160 employees, 55,000 square feet of facilities, and a bonding
capacity exceeding $120 million, we remain a family-founded, team-driven company that delivers high-
quality public works construction.
General Qualifications
Pro-Craft has a 20+ year track record of successfully delivering large-scale public works construction
projects, some valued up to $18 million. Our partnerships with school districts, municipalities, and
higher education institutions speak to our capability, reliability, and client-first approach. We are a
trusted partner to numerous Southern California schools and community colleges, with experience
managing the complex requirements of public education construction, including DSA coordination,
community engagement, and multi-phased scheduling. Our projects consistently meet the highest
standards for safety, quality, and performance.
As a licensed contractor with multiple classifications, Pro-Craft delivers turnkey, end-to-end solutions
that streamline costs and improve project efficiency. Our in-house teams, supported by a powerful
enterprise resource planning (ERP) system, self-perform the majority of our work across the following
specialties:
• Plumbing and wet-side mechanical systems
• Underground utilities and fire protection
• Process Piping
• General engineering and heavy equipment rental
• Building Information Modeling (BIM)
• 24/7 Service and repair support
Approach to Delivering the Work Scope
Our “Pro-Active Approach” centers on early engagement, transparent communication, and integrated
project delivery. By self-performing critical scopes, leveraging an advanced ERP system for real-time
project tracking, and coordinating closely with stakeholders, we ensure efficient mobilization, minimal
disruption, and on-time completion. We prioritize safety, collaboration, and adaptability to meet each
client’s unique needs while delivering consistent, high-quality results.
Authorized Representative & Contact Information
Roxanne Greenwood, Contract Administrator, is authorized to negotiate agreement terms and
compensation on behalf of Pro-Craft Construction.
Christopher McFayden, President & CEO, Timothy McFayden, SEC and Susan McFayden, CFO are all
authorized to sign contracts on behalf of Pro-Craft Construction, Inc.
500 Iowa Street
Redlands, CA 92373
Phone: (909) 790-5222
Email: estimating@procraftci.com
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500 Iowa Street, Redlands, CA 92373 | procraftci.com | 909.790.5222 | License # CA 467234 C-36, C-34, B, A, C-42, C-2, C-16 | DIR 1000001106
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Experience and Technical Competence
Background
Since 2003, Pro-Craft Construction has specialized in providing full-service plumbing solutions for public
agencies, educational institutions, and municipalities throughout Southern California. Our experience
extends far beyond installation and repair — we offer consultative expertise that helps clients identify,
plan, and resolve plumbing challenges efficiently, safely, and with minimal disruption to operations.
For more than 20 years, we have served as a trusted on-call plumbing partner to school districts, cities,
and higher education facilities. This role requires rapid mobilization, accurate problem assessment, and
the ability to advise on both immediate and long-term solutions. Our consulting experience in this area
includes:
• System Assessments & Diagnostics – Conducting on-site evaluations to identify root causes,
system vulnerabilities, and compliance issues.
• Scope Development & Cost Analysis – Advising clients on the most cost-effective and sustainable
repair or replacement options, including materials and methods suited to their facilities.
• Regulatory Coordination – Ensuring compliance with local codes, health and safety regulations,
and, where applicable, Division of the State Architect (DSA) requirements.
• Phased Work Planning – Designing schedules that minimize operational impacts for occupied
sites, including after-hours and emergency work strategies.
• Preventive Maintenance Consulting – Recommending proactive maintenance plans to extend
the life of plumbing systems and reduce future downtime.
Experience in Similar Services
• Multiple K–12 School Districts – Provided on-call plumbing consulting and repair services for
campuses across Southern California, including underground utility repairs, restroom fixture
replacements, backflow prevention, and domestic water system upgrades.
• Municipal Facilities – Responded to emergency calls for city buildings, advising on and executing
repairs for water main breaks, sewer line failures, and fire protection tie-ins.
• Higher Education Campuses – Consulted on large plumbing retrofits and expansions, including
temporary bypass systems and sequencing strategies to avoid class or lab disruptions.
Our Pro-Active Approach ensures that every service request begins with thorough communication and
a clear understanding of the client’s priorities. Because we self-perform plumbing work with a team of
highly trained, licensed professionals — supported by an in-house Service Department — our
recommendations are grounded in practical expertise and proven performance.
460
OUR MISSION
Founded on strong working relationships, our mission is to continuously provide the highest quality of ser vices while also suppor ting and connecting with our local community programs.
EMERGENC Y SERVICES
Our highly trained commercial ser vice technicians provide 24-hour emergency services quickly and safely without sacrificing on quality.
REDUCE DOWNTIME
Our qualified team streamlines the award process to expedite the execution of public projects, which ultimately reduces downtime.
TESTIMONIALS
“I truly appreciate the outstanding work your team has provided. Your technicians consistently go above and beyond to solve “mystery” issues that have challenged the stations for years. They are always professional, and every issue has been resolved or repaired on the first trip—no exceptions.”
-Cora Gaugush - Project Technician - City of Palm Desert
“I want to thank you and your team for all your help. Your crew did an excellent job, and I’m very impressed with how quickly and efficiently they completed the work. Their professionalism and attention to detail were truly commendable.”
-Art J. Baltierra - Supervisor, Support Services - Corona/Norco Unified School District
24-HOUREMERGENCY SERVICE833-488-522
WWW.PROCRAFTCI.COM
SERVICES
Drain Service
Video Inspection
Leak Repair
Water Heaters
Booster Pumps
Hydro Jetting
Sewer Lining
Line Locating
Boilers
Acid Waste
Hydronic Systems
Medical Gas
Earthquake Valves
PIV & FDC
Detention Systems
Chilled Water
Compressed Air
Fire Hydrants
Backflows
Lift Stations
SPECIALT Y SERVICES
Excavation
Demolition
Concrete Patch
Tile Patch
Saw Cutting
Asphalt Patch
Drywall Patch
Painting
DELIVERY OPTIONS
Direct Hire
Fixed Pricing
Time and Material
Service Contract
Unit Pricing
Forced Account
AREAS SERVED
Los Angeles
Ventura County
Imperial County
Kern County San Diego
San Bernadino
Riverside
Orange County
Camera, Video, Location, & Recording Service Equipment – now capable of capturing footage in pipes up to 24” in diameter using our new Pipe Crawler.
Hydro Jetting for all drain and sewer lines up to 4”.
Concrete Demolition Equipment.
Drain Machines able to clear up to 6” sewer lines, now including descaling for pipes up to 4” with our new High-Speed Chain Snake.
Fully Self Contained Power Source IE:Gas Generator.
SERVICE VAN CAPABILITIES
OUR CAPABILITIES
Plumbing
Mechanical
Design Build
Process Piping
General Engineering
Underground Utilities
Fire Protection
Commercial Service
360 degrees of Exterior Lighting for Night and Remote Work.
Pipe Threader, able to thread pipe up to 2” onsite.
Utility Location Equipment, Able to locate Gas, Electrical “Edison,” City Water and Sewer Mains.
Trailer Jetting for Sewer Lines & Storm Drain Lines – now servicing lines up to 24” with our Mongoose 254-HD High-Pressure Jetter.
4
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500 Iowa Street, Redlands, CA 92373 | procraftci.com | 909.790.5222 | License # CA 467234 C-36, C-34, B, A, C-42, C-2, C-16 | DIR 1000001106
5
Experience and Technical Competence
Cont.
References
Description of the project: Perform maintenance, repairs and alterations for plumbing systems
Client Name: Orange County Public Works
Contact Person: Gerald Walker, Plumbing and Metalsmith Superintendent, 714-667-4931
Description of the project: Perform maintenance, repairs and alterations for plumbing systems
Client Name: John Wayne Airport
Contact Person: Tyler Polidori, Project Manager, 949-252-5095
Description of the project: On-Call, As Needed Plumbing Services
Client Name: City of LA, General Services Division
Contact Person: Joe Arias, Building Maintenance Central District Plumbing Supervisor, 310-877-
3304
Description of the project: On-Call, As Needed Plumbing Services
Client Name: City of Redlands
Contact Person: Kathleen Giorgianni, Senior Administrative Assistant, 909-557-5514
Description of the project: Plumbing maintenance and repair services
Client Name: OC Fire Authority
Contact Person: Dr. Linda Owens Jackson, Chief Facilities Officer, 310-900-1600 ext. 2606
Please See Attached Expanded List of References
462
Entity Name
Name of Contact
Phone Number
Email Address
Total Cost Start Date End Date
Rialto Unified School District Doug Way, Maintenance & Operations
Director
909-820-7863
Rialto USD Master Contract
FY 21-22
Field contract services Public Works project. Routine,
ongoing & recurring for plumbing
emergency repairs at various sites for the 2021-22 school
year.
$ 4,403.08 7/1/2021 9/30/2022
Orange County Fire Authority David Nickols, Facilities Maintenance
Manager
714-573-6475
Glenna Timourian, Business Analyst-
Property Management
714-573-6470
Orange County Fire Authority
- Maintenance & Repair Svcs.
Plumbing Maintenance and Repair Services; one year
contract with the option of four (4) one-year renewal
terms.
145,273.29$ 9/1/2021 9/30/2022
Fontana Unified School District Paul Byrne, Supervisor
909-322-7655
Luis Estrada, Maintenance & Operations
Authorized Purchaser
909-357-5000
Fontana USD Emergency
Plumbing Repair Districtwide
As Needed
Purchase order for emergency Plumbing Repairs
districtwide, on an as needed basis. NTE $85,000.00 Valid
until June 30, 2022
$ 58,544.70 9/24/2021 9/30/2022
Fullerton Joint Union High School Dale McCurry, Maintenance & Operations
Manager
714-680-5609
Fullerton Joint UHSD Master
FY 2021/2022
Plumbing Services 2021/2022 School Year. $ 40,193.97 7/1/2021 11/3/2022
Inland Empire Health Plan Teri Picarone, Purchasing Contract
Specialist
909-890-2688
IEHP Plumbing Svcs FY 22-23 Commercial/Industrial Plumbing Services: February 28,
2022 through February 27, 2023
$ 34,705.84 2/28/2022 4/30/2023
Moreno Valley Unified School District Ryan Beckham, Supervisor III
Maintenance & Operations
951-571-7500
David Chatterton, Maint. And Operations
Authorized User
951-571-7500
Nutrition Svcs Dept Open PO
Plumbing Svcs FY 22/23
Annual Open PO for the 2022/2023 School Year not to
exceed $10k - Plumbing Services for the Nutrition Services
Dept.
$ 6,751.00 4/4/2023 6/23/2023
Fallbrook Union Elementary School
District
Bryson Bickler, Dir. Of Facilities,
Maintenance & Operations
760-731-5408
Fallbrook Union ESD On Call
As Needed FY 22/23
On Call As Needed Plumbing Services, Not to Exceed
$7,500.00 Fiscal Year 2022-2023.
$ 4,550.57 7/1/2022 6/30/2023
Inland Empire Utilities Agency Sean French, Facilities Specialist
909-993-1768
sfrench@ieua.org
Frank Sotomayer, Facilities Program
Supervisor
fsotomayor@ieua.org
IEUA As Needed Plumbing
Services
On Call As Needed Plumbing Services | NTE $300,000.00
2 Year Term with the agency's discretion to extend up to
(3) one-year periods for a total aggregate
contract term of five (5) years.
33,711.94$ 7/1/2022 6/30/2023
Yucaipa-Calimesa Joint Unified School
District
Dennis Klein, Director of Maintenance and
Operations
909-797-0174
Yucaipa-Calimesa JUSD PO
for Emergency T&M Repairs
FY 22/23
Open Purchase Order for Emergency Time & Material
Repairs Fiscal Year 22/23
$ 21,799.40 7/1/2022 6/30/2023
Orange County Sanitation District Lawrence Johnson, Lead Facilities Worker
714-593-7223
OCSD On-Call Plumbing
Repair Services Renewal #2
FY 22/23
On-Call Plumbing Repair Services - Renewal #2 FY 22/23 $ 73,375.99 7/1/2022 6/30/2023
City of Palm Desert Brad Chuck, City of Palm Desert
760-776-6482
City of Palm Desert On Call
Plumbing Svcs FY 22/23
On-Call Plumbing Services for Parks & Landscape Facilities
FY 22/23
$ 165,505.09 7/1/2022 6/30/2023
Fullerton Joint Union High School Dale McCurry, Maintenance & Operations
Manager
714-680-5609
FJUSD Open Order for
Plumbing Svcs & Repairs As
Needed DW
Open Order for Plumbing Svcs & Repairs As Needed
Districtwide. NTE $40,000.00
$ 9,561.89 7/1/2022 6/30/2023
Moreno Valley Unified School District Ryan Beckham, Supervisor III
Maintenance & Operations
951-571-7500
David Chatterton, Maint. And Operations
Authorized User
951-571-7500
Moreno Valley USD Open PO
FY 2022-23
Project Description: Annual Open Purchase Order for the
the 2022/2023 School Year not to Exceed $50k
Scope of Work: Routine Repairs / Service for the Plumbing
Dept
$ 39,928.27 5/1/2023 6/30/2023
Purpose of Contract
1
6
463
Entity Name
Name of Contact
Phone Number
Email Address
Total Cost Start Date End DatePurpose of Contract
City of Los Angeles - DGS Joey Limbo, Op. Mgr., GSD Bldg Maint.
818-779-7408
Christopher Thornberry, Bldg. Maint. Dist.
Supervisor
213-276-5507
Curtis Morita, Plumbing Supervisor
818-779-7400
City of LA Plumbing Services
FY 21-22
Scope of Work includes: providing plumbing, natural gas,
and sewer line services needed to address: plumbing,
natural gas, sewer line systems, domestic hot and cold
water systems and storm/overflow drainage system
failures. Must provide Service w/in 4 Hours.
$ 738,225.78 11/2/2021 7/31/2023
John Wayne Airport Jared Sharp, Contract Supervisor
714-478-0127
JWA Master On Call Service
Agreement FY 22-23
Master On Call Service Agreement FY 22/23. NTE
$200,000.00
$ 91,908.00 7/1/2022 7/31/2023
OC Public Works/Facility Operations Gerald Walker, Plumbing Supervisor OC
Facilities Maint. & Eng.
714-667-4931
OC PW Maint., Repairs, & Alt.
for Plumbing Systems FY
22/23
Perform Maintenance, Repairs and Alterations for Plumbing
Systems
Contract MA-080-20011275
NTE $400,000.00
$ 105,731.45 7/1/2022 7/31/2023
City of Redlands Kathleen Giorgianni, Senior Administrative
Assistant
909-798-7655
City of Redlands On-Call As
Needed Plumbing Repairs FY
22-23
On Call as needed Plumbing Repairs for FY 22-23 $ 34,763.88 7/1/2022 8/31/2023
Fontana Unified School District Paul Byrne, Supervisor
909-322-7655
Luis Estrada, Maintenance & Operations
Authorized Purchaser
909-357-5000
Fontana USD Plumbing
Maintenance Repairs DW FY
22/23
Open PO Not to Exceed $50,000.00 including all fees, for
plumbing maintenance repairs
districtwide, on an as needed basis.
$ 51,627.11 7/1/2022 8/31/2023
City of Redlands Kathleen Giorgianni, Senior Administrative
Assistant
909-798-7655
City of Redlands On Call As
Needed Plumbing Services
On Call As Needed Plumbing Svcs $ 32,618.82 1/4/2023 8/31/2023
Orange County Fire Authority David Nickols, Facilities Maintenance
Manager
714-573-6475
Glenna Timourian, Business Analyst-
Property Management
714-573-6470
Orange Cnty Fire Auth
Plumbing & Maint Repair
Svcs FY 22/23
Plumbing Maintenance and repair services - 1 year $ 202,008.88 9/1/2022 9/30/2023
Housing Authority of the County of San
Bernardino
Mark VanWey, Procurement Officer
909-332-6342
HACSB On-Call Plumbing
Services
On-Call Plumbing Services, Repair, Maintenance,
Emergency | Term: (2) year period beginning approx. April
2022 - April 2024, with option to extend (1) additional two
(2) year term.
53,789.36$ 3/9/2022 11/21/2023
City of Los Angeles - DGS Joey Limbo, Op. Mgr., GSD Bldg Maint.
818-779-7408
Christopher Thornberry, Bldg. Maint. Dist.
Supervisor
213-276-5507
Curtis Morita, Plumbing Supervisor
818-779-7400
City of LA Master Agreement
FY 22/23
Scope of Work includes: providing plumbing, natural gas,
and sewer line services needed to
address: plumbing, natural gas, sewer line systems,
domestic hot and cold water systems
and storm/overflow drainage system failures. Must provide
Service w/in 4 Hours
$ 101,782.46 11/3/2022 2/28/2024
County of San Bernardino Joseph Sousa, Building Service
Superintendent
909-379-2317
San Bernardino County On
Call Plumbing Services FY
23/24
On Call Plumbing Services 4/1/23 - 3/31/24 $ 4,878.63 4/1/2023 3/31/2024
Orange County Fire Authority David Nickols, Facilities Maintenance
Manager
714-573-6475
Glenna Timourian, Business Analyst-
Property Management
714-573-6470
OCFA Plumbing Maintenance
& Repair Agreement 23/24
Plumbing Maintenance and repair services.
Add Service Call requirements to each task.
$ 67,630.33 10/1/2023 4/30/2024
2
7
464
Entity Name
Name of Contact
Phone Number
Email Address
Total Cost Start Date End DatePurpose of Contract
Judicial Council of Callifornia Alisha Dutta, Project Manager
916-7551952
alisha.dutta@jud.ca.gov
Plumbing Services for Fixture
Assessment, Replacement,
and
Provide plumbing services for fixture assessments,
replacement, and/or upgrade at Judicial Council locations
within Los Angeles County only. Service requests may be
issued for additional locations within Los Angeles County on
an as needed basis.
$ 2,795,214.00 5/14/2021 5/13/2024
City of Anaheim Maria Rodriguez, Purchasing - Buyer II
714-765-5218
City of Anaheim As Needed
Plumbing FY 23/24
Year 2 of: As needed, on-call repair, replace, maintain
existing items, equipment, structures. 4 year term; may
renew for two (2) add'l 2 year terms after initial.
$ 4,440.75 7/1/2023 6/30/2024
Riverside Co. Superintendent of Schools Eddie Oregel, Maintenance & Operations
Manager
951-826-6410
Steve Leland, Facilities
951-453-3346
RCOE Plumbing, Maint &
Repairs FY 22/23
Contract C1009105 - dated 4/1/2023 through 6/30/2026.
Master Agreement for Plumbing Maintenance and Repairs
Operational Support Services.
NOTE: Like items of material provided shall be products of
one Manufacturer for standardization.
NOTE: Bonds Required for $25,000 projects.
NOTE: $60,000 and over Riverside will use 3rd Party LCP
for Labor Compliance
NOTE: Contractor to be responsible for all Permits.
NOTE: See Rates and Equipment List - to be used for all
quotes
101,194.25$ 4/1/2023 6/30/2024
City of Corona Raul Areval, Construction Superintendent
951-739-4915
City of Corona As Needed
General PLBG & Sewer Srvs
FY 23-24
Plumbing Service
2 Optional 2 year renewals
July 1,2024 to June 30,2024
July 1,2026-June 30,2028
44,354.80$ 6/21/2023 6/30/2024
Fallbrook Union Elementary School
District
Bryson Bickler, Dir. Of Facilities,
Maintenance & Operations
760-731-5408
Fallbrook Union ESD As
Needed Service Agreement
FY 23/24
Master Service Agreement for 2023 - 2024 Year.
Troubleshooting, maintenance service and repair work
District Wide as identified by Bryson Bickler, Director of
Facilities, M&O.
1,073.57$ 7/1/2023 6/30/2024
Orange County Sanitation District Lawrence Johnson, Lead Facilities Worker
714-593-7223
OCSD On-Call Plumbing
Repair Services Renewal #3
FY 23/24
On-Call Plumbing Repair Services - Renewal #3 FY 23/24 1,698.60$ 7/1/2023 6/30/2024
Fullerton Joint Union High School Dale McCurry, Maintenance & Operations
Manager
714-680-5609
FJUSD As Needed Plumbing
Services & Repairs FY 23/24
FJUHSD District Service Center Open Purchase Order
T70X0067 for As Needed Plumbing Svcs & Repairs
Districtwide. NTE $10,000.00
$ 68,192.70 7/1/2023 6/30/2024
Jurupa Unified School District Albert Hernandez, Supervisor of
Maintenance & Operations
951-360-4100
Jurupa USD As Needed On
Call Open PO 23/24
Open PO for M&O for Plumbing & Emergency Repairs
District-Wide through 6/30/2024
$ 6,739.92 7/1/2023 6/30/2024
Val Verde Unified School District David Henry, Assistant Manager
951-818-3908
Val Verde USD Open PO FY
23/24
On Call As Needed Plumbing Services
Authorized purchasers Peter Davenport, Sam Minniefield,
Terry Milliman, Juan Ceja, David Henry
$ 35,172.46 7/1/2023 6/30/2024
Rialto Unified School District Doug Way, Maintenance & Operations
Director
909-820-7863
Rialto USD As Needed
Emergency Repairs FY 23/24
As needed Plumbing Emergency Repairs at various sites.
Starts 7/1/2023 through 6/30/2024.
$ 4,644.81 7/1/2023 6/30/2024
City of Palm Desert Brad Chuck, City of Palm Desert
760-776-6482
City of Palm Desert On Call
Plumbing Svcs FY 23/24
On Call Plumbing Services for Parks & Landscape Facilities
Amendment #1 Term 7/1/23 thru 6/30/24 with City
unilateral option to renew automatically for
no more than (3) three additional one-year terms
$ 39,541.80 7/1/2023 6/30/2024
Moreno Valley Unified School District Ryan Beckham, Supervisor III
Maintenance & Operations
951-571-7500
David Chatterton, Maint. And Operations
Authorized User
951-571-7500
Moreno Valley USD Maint.
Dept. Annual Open PO FY
23/24
Annual Open Purchase Order for the 2023/2024 School
Year. Effective 6/28/2023 through 6/28/2024.
Routine Repairs/Service for the Plumbing Dept.
$ 1,202.95 6/28/2023 6/30/2024
3
8
465
Entity Name
Name of Contact
Phone Number
Email Address
Total Cost Start Date End DatePurpose of Contract
Desert Sands Unified School District Gabe De La O, Director Maintenance &
Operations
760-771-8553
Juan (Johnny) Alvarez, Manager
Maintenance & Operations
760-771-8709
Desert Sand USD Open PO
FY 23/24
T&M Service Call | Called in by Gabe 760-771-8553 ext
18553 on 9/5/23
The storm drains in the main district offices may be
clogged. Need to camera and verify the issue. Inspect and
clear the storm drains.
28,739.48$ 9/7/2023 6/30/2024
South Pasadena Unified School District Alfredo Perez, Director of Facilities &
Maintenance
562-659-1224
S. Pasadena USD Open PO
SPMS Auditorium Restoration
Labor Rates Proposal sent 11/29/2023. Open PO1 -
240000001238 received.
Open PO is for all Plumbing Investigative work for the
renovation of the South Pasadena Middle School Auditorium
Restoration.
2,885.32$ 12/5/2023 6/30/2024
Alvord Unified School District Cynthia Munoz, Assistant to the Director
951-509-5000
Alvord USD Plumbing and
Irrigation As Needed
Plumbing Services on as needed basis
Provide miscellanous labor for general repairs including
plumbing and irrigation as needed throughout the District
34,541.96$ 12/7/2023 6/30/2024
Hemet Unified School District Hans Twardowski, Director of
Maintenance & Operations
951-765-5100
Hemet USD Misc. Emergency
Services FY 23/24
On Call, As Needed Emergency Plumbing Services District-
wide FY 2023-2024
4,906.11$ 5/17/2024 6/30/2024
Val Verde Unified School District David Henry, Assistant Manager
951-818-3908
Val Verde USD Open PO FY
24/25
Description: Plumbing Services on as needed basis Per
Open Purchase Order B-0012122 7/1/24 - 5/31/25
Scope: Provide miscellanous labor for general repairs
including plumbing and irrigation as needed throughout the
District
$ 30,000.00 7/1/2024 6/30/2024
OC Public Works/Facility Operations Gerald Walker, Plumbing Supervisor OC
Facilities Maint. & Eng.
714-667-4931
OCPW/JWA Mnt., Rep & Alt
for Plumbing Systems FY
23/24
Amendment No. 2
Perform Maintenance, Repairs and Alterations for Plumbing
Systems for County of Orange OC Public Works & John
Wayne Airport
Contract MA-080-20011275
NTE $600,000.00
$ 499,099.73 7/11/2023 7/10/2024
City of Redlands Kathleen Giorgianni, Senior Administrative
Assistant
909-798-7655
City of Redlands On-Call
Plumbing Services FY 23/24
General Plumbing Services & Repair Work at various City
locations.
92,184.83$ 4/18/2023 7/18/2024
Fontana Unified School District Paul Byrne, Supervisor
909-322-7655
Luis Estrada, Maintenance & Operations
Authorized Purchaser
909-357-5000
Fontana USD Plumbing
Maintenance Repairs DW FY
23/24
Open Purchase Order for Plumbing Maintenance and
Maintenance District Wide as needed.
Equipment Valued at $500 including tax cannot be
purchased on this PO. Any invoice for a single item that
exceeds %500.00 (including tax) must be
reviewed/approved by Purchasing Director. No single
invoice can exeed $5,000.00 without prior authorization
from the Purchasing Department. See Contacts for
authorized to purchase.
$ 78,751.44 8/8/2023 7/31/2024
City of Los Angeles - DGS Joey Limbo, Op. Mgr., GSD Bldg Maint.
818-779-7408
joey.limbo@lacity.org
Christopher Thornberry, Bldg. Maint. Dist.
Supervisor
213-276-5507
christopher.thornberry@lacity.org
Curtis Morita, Plumbing Supervisor
818-779-7400
curtis.morita@lacity.org
City of LA Master Agreement
FY 23/24
Service - Provide and/or Install Various Types of Natural
Gas & Sewer Line Plumbing Services
Must provide Proposal with a Not to Exceed Price.
Scope of Work includes: providing plumbing, natural gas,
and sewer line services needed to address: plumbing,
natural gas, sewer line systems, domestic hot and cold
water systems and storm/overflow drainage system
failures. Must provide Service w/in 4 Hours
$ 2,500,000.00 11/2/2023 11/1/2025
4
9
466
Entity Name
Name of Contact
Phone Number
Email Address
Total Cost Start Date End DatePurpose of Contract
Housing Authority of the County of San
Bernardino
Mark VanWey, Procurement Officer
909-332-6342
HACSB On-Call Plumbing
Svrs. FY 24/25
On-Call Plumbing Services, Repair, Maintenance,
Emergency - Contract Term 3/9/22 - 3/8/25
3rd Year beginning 3/9/24 expiring 3/8/25
HACSB shall have the option to extend the Agreement for
up to two (2) years exercised by written Amendments.
Option years will begin on or about 3/8/25 and expire no
later than 3/9/27.
$ 1,172,479.64 3/9/2024 3/8/2025
County of San Bernardino Joseph Sousa, Building Service
Superintendent
909-379-2317
San Bernardino County On
Call Plumbing Services FY
24/25
On Call Plumbing Service: Amendment No.1 to Contract No.
4400016415
4/1/24 - 3/31/25 $200k
Payment Terms Net 60
"Subcontractors need to be approved prior."
Emergency repairs response times within 2hrs (Article B6)
Recommending Work - Proposal to be submitted within
24hrs (Article B3)
Bonds required for every project over 25K
$ 200,000.00 4/1/2024 3/31/2025
South Pasadena Unified School District Alfredo Perez, Director of Facilities &
Maintenance
562-659-1224
South Pasadena USD As
Needed Plumb/Repair 2024
Scope of Work: Open PO for Plumbing System
Maintenance and repair
5,888.76$ 1/23/2024 6/30/2025
City of Anaheim Maria Rodriguez, Purchasing - Buyer II
714-765-5218
City of Anaheim As Needed
Plumbing FY 24/25
Repair & Maintenance of existing item, equipment &
structures
Year 3 of a 4 year Term. DIR of PW may renew for two (2)
additional two (2) year terms after initial term.
Work scheduled on an as-needed basis, most work will be
routine on an agreed-upon date/time. Some work will be
urgent or emergency depending on the requirement at that
time.
Removal & replacements that exceed $10K are prohibited
$2ML per fiscal year | $1ML per project
No more than three (3) open Work Orders (WO) at one
time
Bond Required for each WO issued
$ 2,000,000.00 7/1/2024 6/30/2025
Fontana Unified School District Paul Byrne, Supervisor
909-322-7655
Luis Estrada, Maintenance & Operations
Authorized Purchaser
909-357-5000
Fontana USD Plumbing
Maintenance Repairs DW FY
24/25
On Call, As-needed Plumbing Services District Wide FY
24/25
$ 26,904.26 7/1/2024 6/30/2025
Fallbrook Union Elementary School
District
Bryson Bickler, Dir. Of Facilities,
Maintenance & Operations
760-731-5408
Fallbrook Union ESD Service
Agreement FY 24/25
Description: Troubleshooting, maintenance service and
repair services for Fiscal Year 2024-2025
Scope: At the direction of the District, Contractor may be
asked to perform troubleshooting, maintenance service and
repair work districtwide as identified by Bryson Bickler,
Director of Facilities, Maintenance and Operations.
$ 10,000.00 7/1/2024 6/30/2025
Yucaipa-Calimesa Joint Unified School
District
Dennis Klein, Director of Maintenance and
Operations
909-797-0174
Yucaipa-Calimesa JUSD PO
for Emergency T&M Repairs
FY 24/25
Open PO Agreement for Emergency Time & Material
Plumbing Service Repairs
$ 40,000.00 7/1/2024 6/30/2025
5
10
467
Entity Name
Name of Contact
Phone Number
Email Address
Total Cost Start Date End DatePurpose of Contract
City of Palm Desert Brad Chuck, City of Palm Desert
760-776-6482
City of Palm Desert On Call
Plumbing Svcs FY 24/25
On Call Plumbing Services for Parks & Landscape Facilities
Amendment #2 Term 7/1/24 thru 6/30/25 with City
unilateral option to renew automatically for
no more than (3) three additional one-year terms
$ 2,280.54 7/1/2024 6/30/2025
Alvord Unified School District Cynthia Munoz, Assistant to the Director
951-509-5000
Alvord USD Plumbing and
Irrigation As Needed Open
PO
Plumbing Services on as needed basis
Provide miscellanous labor for general repairs including
plumbing and irrigation as needed throughout the District
$ 20,000.00 7/1/2024 6/30/2025
Inland Empire Utilities Agency Sean French, Facilities Specialist
909-993-1768
sfrench@ieua.org
Frank Sotomayer, Facilities Program
Supervisor
fsotomayor@ieua.org
IEUA On-Call As Needed
Plumbing Services FY 24/25
Period 1 of 3 - Contract Amendment Number 4600003151-
001
2 Year Term with the agency's discretion to extend up to
(3) one-year periods for a total aggregate contract term of
five (5) years.
$ 239,878.92 7/1/2024 6/30/2025
City of Corona Raul Areval, Construction Superintendent
951-739-4915 raul.arevalo@coronaca.gov
City of Corona As Needed
General PLBG & Sewer Srvs
FY 24/25
Amendment #1 - First Optional Renewal Term 7/1/24 to
6/30/26
Original Contract for Sewer/Plumbing Services Term
6/21/23 to 6/30/24 -
2 Optional 2 year renewals -
First Optional Renewal July 1,2024 to June 30,2026
Second Optional Renewal July 1,2026-June 30,2028
$ 400,000.00 7/1/2024 6/30/2025
Jurupa Unified School District Albert Hernandez, Supervisor of
Maintenance & Operations
951-360-4100
Jurupa USD As Needed On
Call Open PO 24/25
Open PO for M&O for Plumbing & Emergency Repairs
District-Wide through 6/30/2025
$ 10,000.00 7/1/2024 6/30/2025
Fullerton Joint Union High School Dale McCurry, Maintenance & Operations
Manager
714-680-5609
FJUHSD As Needed Plumbing
Services & Repairs FY 24/25
FJUHSD District Service Center Open Purchase Order
U70X1086 for As Needed Plumbing Svcs & Repairs
Districtwide 7/1/24 TO 6/30/25. NTE $20,000.00
$ 20,000.00 7/1/2024 6/30/2025
San Bernardino Community College
District
Sergio Zazueta, Maintenance &
Operations
909-693-0314
SBCCD On Demand
Service/Repairs at SB Valley
College 24/25
On Demand Service calls and repairs to SBVC plumbing and
sewer items thorugh 6/30/2025
$ 10,000.00 7/18/2024 6/30/2025
Hemet Unified School District Hans Twardowski, Director of
Maintenance & Operations
951-765-5100
Hemet USD Misc. Emergency
Services District Wide FY
24/25
Miscellaneous Emergency Repairs District Wide $ 20,000.00 7/17/2024 6/30/2025
Ontario Montclair S.D. Brooke Murray, Facilities Planning &
Operations
909-418-6369
Terry Lunt, District Plumber
909-957-6214
Ontario-Montclair Emergency
Plumb/Restor Srvs PO FY
24/25
District Wide Open PO # 451433 For Emergency Plumbing
& Restoration Services / OPS
$ 25,000.00 7/1/2024 6/30/2025
Rialto Unified School District Doug Way, Maintenance & Operations
Director
909-820-7863
Rialto USD As Needed
Emergency Repairs FY 24/25
Rialto USD CUPCCAA as needed plumbing emergency
repairs at various locations district wide 8/6/24 through
6/30/25
$ 25,000.00 8/6/2024 6/30/2025
Desert Sands Unified School District Gabe De La O, Director Maintenance &
Operations
760-771-8553
Juan (Johnny) Alvarez, Manager
Maintenance & Operations
760-771-8709
Desert Sands USD As Needed
Open PO FY 23/24
DSUSD M&O Department Open PO for repair services on an
as-needed basis for Fiscal Year 2024-2025
$ 10,000.00 7/8/2024 6/30/2025
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11
468
Entity Name
Name of Contact
Phone Number
Email Address
Total Cost Start Date End DatePurpose of Contract
OC Public Works/Facility Operations Gerald Walker, Plumbing Supervisor OC
Facilities Maint. & Eng.
714-667-4931
OCPW/JWA Mnt., Rep & Alt
for Plumbing Systems FY
24/25
Amendment No. 3
Perform Maintenance, Repairs and Alterations for Plumbing
Systems for County of Orange OC Public Works & John
Wayne Airport
Contract MA-080-20011275
NTE $500,000.00 Aggregate between Pro-Craft and 2 other
approved Contractors
$ 500,000.00 7/11/2024 7/10/2025
City of Redlands Kathleen Giorgianni, Senior Administrative
Assistant
909-798-7655
kgiorgianni@cityofredlands.org
City of Redlands On-Call
Plumbing Services FY 24/25
First Additional Term
General Plumbing Services & Repair Work at various City
locations.
$ 80,000.00 7/19/2024 7/17/2025
Orange County Transportation Authority Jayson Rodriguez, Facilities Supervisor
949-330-3220
jrodriguez@octa.net
OC Transportation Authority
Plumbing Services 2024-2026
Master Plumbing Services Agreement as requested by the
Maintenance Resource Management Department on an as-
needed basis with no guaranteed usage
Plumbing Service Call 4-Hr Response Time
Respond to Site within 24 hours & Complete all work within
24 hours unless extended schedule is agreed upon
160,000.00$ 5/1/2024 4/30/2026
Riverside Co. Superintendent of Schools Eddie Oregel, Maintenance & Operations
Manager
951-826-6410
Steve Leland, Facilities
951-453-3346
RCOE Plumbing,
Maintenance & Repairs FY
24/25
Contract C1009105 - dated4/1/2023 through 6/30/2026.
Master Agreement for Plumbing Maintenance and Repairs
Operational Support Services.
NOTE: Like items of material provided shall be products of
one Manufacturer for standardization.
NOTE: Bonds Required for $25,000 projects.
NOTE: $60,000 and over Riverside will use 3rd Party LCP
for Labor Compliance
NOTE: Contractor to be responsible for all Permits.
NOTE: See Rates and Equipment List - to be used for all
quotes
5/1/2024 6/30/2026
City of Poway Lucinda Hoe, Facilities Maintenance &
Special Districts Supervisor
858-668-4706
lhoe@poway.org
City of Poway As-Needed
Plumbing Services 2024-2026
Scope is intended to cover as-need plumbing service for all
projects assigned to the contractor
169,195.00$ 7/1/2024 6/30/2026
City of Ontario Michael Vidal, City Plumber
909-544-9482
City of Ontario On Call &
Urgency Plumbing Repair
Svcs
Project Description:
Plumbing repair services include but are not limited to:
Installation, repair, testing and maintenance of plumbing,
sewer, septic and pipe systems for a variety of purposes in
public buildings and recreational facilities located in the City
on an on-call or urgency basis
Scope of Work: On Call & Urgency Plumbing Repair
Services
50,000.00$ 1/16/2024 1/15/2027
City of Torrance Sally Kyung
310-610-5936
Milton Sanabria
310-781-7162
City of Torrance On-Call
Plumbing Services
Provide plumbing/maintenance and repair services on an on-
call basis for an estimated three-year term with a non-
guaranteed NTE $250K per year
Option to extend two additional one-year terms
250,000.00$ 7/1/2024 6/30/2027
Department of General Services Natalia Calderon, Acquisition Analyst
279-799-4632
Backflow Preventative
Maintenance Ronald Reagan
Bldg.
Backflow maintenance and repair services to include
preventative maintenance, repairs and annual re-
certification at Ronald Reagan Building. Contract Term will
be for 3 years
193,750.71$ 9/1/2024 8/31/2027
7
12
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500 Iowa Street, Redlands, CA 92373 | procraftci.com | 909.790.5222 | License # CA 467234 C-36, C-34, B, A, C-42, C-2, C-16 | DIR 1000001106
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Firm Staffing and Key Personnel
Staffing & Key Personnel
• Service Manager – Leslie Kussman
• Project Manager & Estimator – Everett Trinidad
• Project Engineer: Project Coordination – Jennifer Cruz
• Service Coordinator: Scheduling/Dispatch – Alyssa Rodriguez
• Foreman & Crew (if work requires) – Tyler Leavitt, Kyle Chanthachak, Garrett Kelley, Matt
Dalgity, Joseph Ramirez
• Billing Coordinator – Brenda Luque
Construction Staff Availability for Duration of Relevant Construction Activities
Pro-Craft is primed and fully available for the duration of this project. With recent delays and project
starts on a few current projects this affords them the opportunity to provide the attention and detail to
fully execute this project in its entirety.
Staff and On-Site Workforce Availability for Project Duration
Pro-Craft is blessed to have over 110 skilled & Trained field employees (including 50+ Skilled & Trained
plumbers) available and ready for this project to fulfill all scheduling needs.
Our team is comprised of five highly skilled service technicians, each equipped with service vans
designed to address a wide range of plumbing issues. Additionally, we have a dedicated service
apprentice and can supplement our workforce with personnel from our new construction division when
needed.
All of our technicians possess extensive experience in diagnosing and resolving various plumbing
challenges. Common issues we frequently address include:
• Site utilities, such as underground gas leaks, water main breaks, and sewer/storm drain
problems
• Above-ground and in-wall leaks, water heater replacements, flush valve malfunctions, and
backflow concerns, among others
In addition to plumbing services, our team is also proficient in repairing drywall, concrete, asphalt, and
tile, ensuring a comprehensive approach to resolving your needs.
Team Organization
Please see attached organization chart
Subcontractors
Not applicable
470
500 Iowa Street, Redlands, CA 92373 | procraftci.com | 909.790.5222 | License # CA 467234
CEO/President - Chris McFayden SEC - Tim McFayden CFO - Sue McFayden
VP of
Human Resources
Jill Elliott
Chief Estimator
Travis Burton
Service Manager
Leslie Kussman
Superintendent
Randy Butler
Equipment Manager
Mike Lewis
Senior
Project Manager
Tyler Eschrich
HR Manager
Ashley Esparza
Controller
Leah Timme
Safety Manager/
Operations
Specialist
James Tolman
Design Manager
Jimmy Davis
Fire Sprinkler
Project Manager
Mike Hilburn
Human Resource AdministratorElaine Silvestre
Senior Payroll SpecialistKimberly Diaz
Payroll/LaborCompliance AssociateJennifer Caloca
Senior Labor Compliance Specialist
Service Project ManagerEverett Trinidad
Service Project ManagerJonathan Demers
Service Project EngineerJennifer Cruz
Service Project EngineerJoanne Hernandez
Service Billing CoordinatorBrenda Luque
Service CoordinatorAlyssa Rodriguez
General ForemanMatt Scheer
General ForemanChris Dakin
DispatcherChristie Yost
Warehouse ForemanMatt Stok
Fab Shop ForemanBrandon Sterbentz
MechanicKenny Mullins
MechanicDavid Easton
MechanicShane McDonald
BIM DetailerBryan Weaver
BIM DetailerRoger Robles
Project Manager, SFJoey Gladish
AssistantProject Manager, SFAsher Matos
Project Engineer, SFAmanda Cisneros
ReceptionistKaren Hoover
Project AccountantMarybeth Highducheck
Accounts Payable SpecialistCindy Campos
Supply Chain Specialist
Senior Supply Chain Specialist
Senior EstimatorDerrick Elliott
Senior EstimatorShon Petersen
Contracts AdministratorRoxanne Greenwood
Estimator Jordan Alcantar
Estimator Chris Welzig
Warehouse AssociateFlavio Aguilar Warehouse AssociateShawn Srader
Project ManagerJuan Verdugo
Project ManagerRandy Merkel
Project ManagerRyan Munguia
Project ManagerTracy Poole
Project EngineerKevin MartinezProject EngineerLori Page Project EngineerJaiquan SessionProject EngineerSara AmesProject EngineerHailey Ward
General ForemanJustin Morgan
Assistant Project ManagerBrittany Smith
Project EngineerSoila Procter
Service Foreman Service Foreman
Tyler Leavitt Matt Dalgity
Service Foreman Service Foreman
Kyle Chanthchak Joseph Ramirez
Service Foreman
Garrett Kelley
Labor Compliance
Coordinator
Nicole Miller
Labor Compliance Admin Assistant
Jessica Zazueta
Trisha De La Cruz
Richard Arenas
Estimating CoordinatorAitzin Cornejo-Reynoso
Estimating CoordinatorCheyanne Zamudio
Prequalification SpecialistShirley White
Estimator
Guillermo Arias
Christie Yost
14
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500 Iowa Street, Redlands, CA 92373 | procraftci.com | 909.790.5222 | License # CA 467234 C-36, C-34, B, A, C-42, C-2, C-16 | DIR 1000001106
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Proposed Method to Accomplish the
Work
We understand that the City and Authority require a qualified contractor to provide comprehensive
plumbing repair and maintenance services across its facilities. The scope includes routine and
emergency services to ensure the continued safe and efficient operation of water, sewer, and gas
systems.
Key Goals and Objectives
• Ensuring the timely inspection, diagnosis, and repair of plumbing systems, including water
supply, drain, and gas lines and blockages.
• Delivering high-quality repairs or replacements of fixtures such as toilets, urinals, sinks, faucets
and garbage disposals.
• Performing critical services such as clearing clogged systems, maintaining backflow devices, and
servicing boilers, water heaters, and pressure-reducing valves.
• Responding to emergency requests, including after-hours, weekends, and holidays—within a 2-
hour timeframe to minimize disruptions and maintain safety.
• Maintaining strict compliance with all relevant local, state, and federal plumbing codes.
• Keeping accurate records and providing clear, ongoing communication with city representatives
to support transparency and operational readiness.
We recognize the importance of a responsive, skilled team capable of delivering both preventative and
emergency solutions to support the City and Authorities infrastructure and maintain reliable public
services.
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500 Iowa Street, Redlands, CA 92373 | procraftci.com | 909.790.5222 | License # CA 467234 C-36, C-34, B, A, C-42, C-2, C-16 | DIR 1000001106
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Proposed Method to Accomplish the
Work Cont.
Our approach to delivering plumbing repair and maintenance services is structured, proactive, and
responsive, ensuring minimal disruption to city operations while maintaining compliance, safety, and
efficiency. The work plan is designed to cover routine services, emergency response, and long-term
system reliability.
Project Methodology and Stages
Stage 1: Mobilization and Onboarding
• Assign designated project manager and primary point of contact
• Establish communication protocols with city representatives
• Confirm emergency response plan and scheduling structure
• Conduct facility walk-throughs (as needed) to assess baseline conditions
Stage 2: Routine Services and Preventative Maintenance
• Schedule and perform regular inspections and diagnostic services
• Identify and complete general repairs (e.g., fixture replacement, leak repairs, drain clearing)
• Test and service critical components such as backflow prevention devices and pressure reducing
valves
• Document work performed with detailed service records
Stage 3: Emergency Response
• 24/7 availability for emergency calls with guaranteed 2-hour maximum response
• Diagnose issues and perform immediate repairs or temporary solutions
• Communicate clearly with city representatives on status, timelines, and recommendations
• Track response performance for transparency and quality assurance
Stage 4: Compliance and Reporting
• Ensure all repairs and installations meet local, state, and federal codes
• Maintain a detailed record-keeping system including diagnostics, parts used, repairs completed,
and follow-up recommendations
• Provide regular reports and updates to city staff
Deliverables
• Fully executed plumbing repairs and preventative maintenance services
• Emergency repairs completed within specified response time
• Detailed service reports after each job
• Compliance documentation and code verification (as applicable)
• Regular status meetings or check-ins, as requested
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500 Iowa Street, Redlands, CA 92373 | procraftci.com | 909.790.5222 | License # CA 467234 C-36, C-34, B, A, C-42, C-2, C-16 | DIR 1000001106
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Proposed Method to Accomplish the
Work Cont.
Milestones
• Project onboarding, team introductions, communication protocols established
• Ongoing: Monthly service reporting, immediate emergency response execution, ongoing repairs
as requested
Timeline
• Start Date: Upon contract award and Notice to Proceed
• Duration: Continuous, as needed throughout contract term
• Availability: 24/7 for emergency services including nights, weekends, and holidays
474
475
*Rates Expire 7.1.2026
Included in hourly rate.
476
*Rates Expire 7.1.2026
477
lkussman@procraftci.com
O: 909-790-5222 Ext 145 | C: 909-253-5640
Over her 26+ years of growth and experience, Leslie has worked as a
Project Engineer & Coordinator, Accounting Manager, Controller, and Project
Accountant before joining Pro-Craft as a Service Coordinator and being
eventually promoted to Service Manager. Her project management background
enables her to build a complete Service Team with Estimators, Coordinators,
Service Tech, retain customer satisfaction, as well as market our industry
in a professional way. Leslie also successfully reduces recurring issues and
regulates the team’s overall performance to guarantee our leading safety
standards are always met.
Leslie is currently a Service Manager for Pro-Craft Construction whose strong
work ethic, accountability, open-mindedness, and integrity contribute to
her ability to develop Pro-Craft’s standard procedures to maximize internal
efficiency and customer satisfaction. She brings expert field knowledge of
complex construction project delivery and oversees the 24/7 Commercial
Services Department at Pro-Craft, allowing us to meet our clients’ needs in a
timely and cost-effective manner. She also directly manages estimating and
purchasing inventory, field coordination, deliverables, and project closeouts.
• Construction Financial Management Association
(CFMA)
• Associate of Applied Science Degree (Paralegal
Studies)
• Procore Certified - Project Manager: Project
Management, Quality & Safety, Financial
Management, Resource Management,
and Core Tools
• National Notary Association
• San Bernardino City Unified School
District
• San Gabriel Unified School District
• UCR Life Sciences Sewer Repair
• Cerritos College
• Rialto Unified School District
• Victor Elementary School District
• City of Redlands
• Orange County Sanitation District
• Fallbrook Elementary School District
• City of Palm Desert Parks &
Landscape Facilities
Leslie’s interpersonal skills and certified project management background
combined with her aptitude results in repeat business and long-term
relationships with our clients. Additionally, Leslie maintains a strong working
knowledge of the plumbing construction industry and regulations to ensure
Pro-Craft’s safety protocol remains up to date with current industry practices.
She also specializes in reviewing OSHA 500 logs and analyzing subcontractor
& prime trade contractor labor compliance documents with either Federal or
State of CA Labor Code.
PROFILE
Service Manager
Leslie Kussman
EDUCATION & CERTIFICATIONS
WORK EXPERIENCE
SKILLS
PROJECTS & ACCOMPLISHMENTS
478
etrinidad@procraftci.com
O: 909-790-5222 Ext. 151 | C: 909-677-7041
Everett is currently a Service Estimator for Pro-Craft where he evaluates data
and budgets on estimates, labor, and material values imperative to creating
cost-effective solutions for customers and ensuring the successful completion
of a project. He brings a breadth of knowledge on construction coordination
and accuracy, allowing us to deliver consistent and high-quality results. Under
Everett’s direction and oversight, the team maintains positive morale.• LA County Plumbing License
Everett specializes in all areas of the plumbing industry. His problem solving
skills combined with his nimble mind and friendly personality contribute to his
ability to adapt easily to change, provide excellent customer service, and solve
any and every problem that may arise on a jobsite. No matter the component
process.
• Chaffey School District
• Chapman Heights Elementary School
• Los Oso High School
• Saint Francis Medical Hospital
• Beverly Hills Country Club
El Potero
Everett boasts over 31 years of hands-on plumbing experience in commercial,
work--11 years of them working alongside the Pro-Craft team. As Service
Estimator, Everett has been negotiating contracts, closing out complex
projects, developing budgets, and communicating daily with management to
PROFILE
Servic e Estimator/Project Manager
Ev e re tt Tr i n idad
EDUCATION & CERTIFICATIONS
WORK EXPERIENCE
SKILLS
PROJECTS & ACCOMPLISHMENTS
• Hilton and Hampton Inn
• Orange County Sanitation District
• City of Palm Desert Park
• City of Redlands
• Fountain Valley
District
479
Garrett Kelley
Service Foreman
PROFILE
EDUCATION & CERTIFICATIONS
• OSHA 30
• Graduate Plumber
• Confined Space
• Excavation Trenching Shoring
• Sexual Harassment
• CPR & First Aid
• MEWP Scissor
• MEWP Boom
• Reach Lift
Garrett Kelley is an experienced Service Plumber Foreman with over 20 years in the
plumbing industry. Known for his expertise in handling complex plumbing issues
across residential, commercial, and industrial sectors, Garrett has built a solid
reputation for delivering top-notch service and leadership. His ability to efficiently
manage plumbing teams, oversee large-scale projects, and troubleshoot even the
most challenging problems has made him a trusted leader in the field.
WORK EXPERIENCE
Garrett currently serves as the Foreman Service Plumber at Pro-Craft Construction,
where he is responsible for leading and supervising a team of plumbers on both
residential and commercial projects. He manages daily plumbing operations,
ensuring high standards of quality and safety. He is also responsible for inspecting
plumbing systems, diagnosing issues, and providing efficient, cost-effective
solutions.
SKILLS
Garrett’s dedication to his team, combined with his field and technical knowledge
aptitude, guarantees that we deliver our four core services with the utmost
excellence and accuracy. Furthermore, Garrett exercises creativity,
communication, and decision-making skills on various kinds of projects through
every stage of the process.
PROJECTS & ACCOMPLISHMENTS
• Castaic High School
• City of LA Loyola High School
O: 909-790-5222 M: 909-557-7598
gkelley@procraftci.com
480
Joseph Ramirez
Service Foreman
PROFILE
EDUCATION & CERTIFICATIONS
• Sexual Harassment
• CPR & First Aid
• MEWP Scissor
• MEWP Boom
Joseph is a highly experienced and skilled Service Plumber Foreman with over 20
years in the plumbing industry. Throughout his career, Joseph has consistently
demonstrated exceptional leadership, technical expertise, and a strong commitment
to delivering high-quality plumbing services. With a comprehensive understanding of
plumbing systems, safety protocols, and project management, he has earned a
reputation for successfully overseeing complex commercial plumbing projects from
start to finish.
WORK EXPERIENCE
As a foreman, Joseph excels in supervising and mentoring plumbing teams,
ensuring optimal performance and adherence to industry standards. His ability to
troubleshoot and resolve issues efficiently, combined with a deep knowledge of
plumbing installations, maintenance, and repairs, makes him a trusted leader on the
job site. Joseph is well-versed in all aspects of plumbing, including pipefitting, water
heater installation, and system inspections, and is committed to staying current with
the latest technologies and best practices in the industry.
SKILLS
Joseph’s leadership extends beyond technical skills—he is known for fostering a
collaborative and positive work environment, encouraging productivity, and ensuring
that all projects meet deadlines and budget expectations. His strong communication
and organizational skills enable him to manage client expectations, coordinate with
contractors and vendors, and keep all stakeholders informed throughout each phase
of the project.
O: 909-790-5222 M: 909-725-1412
jramirez@procraftci.com
481
Kyle Chanthachak
Service Foreman
PROFILE
EDUCATION & CERTIFICATIONS
• OSHA 30
• Graduate Plumber
• Confined Space
• Excavation Trenching Shoring
• Sexual Harassment
• CPR & First Aid
• MEWP Scissor
• MEWP Boom
Kyle Chanthachak is an experienced Foreman Service Plumber at Pro-Craft
Construction. With a strong background in plumbing systems, Kyle leads a team of
technicians to ensure efficient installation, maintenance, and repair of plumbing
systems.
Kyle brings a practical, hands-on approach to his work, combined with a
commitment to safety, quality, and on-time project completion. As a leader, he
focuses on mentoring team members, fostering a collaborative work environment,
and overseeing the technical aspects of every project.
WORK EXPERIENCE
Kyle currently serves as the Foreman Service Plumber at Pro-Craft Construction,
where he is responsible for leading and supervising a team of plumbers on both
residential and commercial projects. He manages daily plumbing operations,
ensuring high standards of quality and safety. He is also responsible for inspecting
plumbing systems, diagnosing issues, and providing efficient, cost-effective
solutions. Additionally, Kyle trains and mentors apprentice plumbers, ensuring they
develop their skills and adhere to industry best practices. He works closely with
project managers and other trades to ensure projects are completed on time and to
the highest standards.
SKILLS
Kyle’s dedication to his team, combined with his field and technical knowledge
aptitude, guarantees that we deliver our four core services with the utmost
excellence and accuracy. Furthermore, Kyle exercises creativity, communication,
and decision-making skills on various kinds of projects through every stage of the
process. Responsible and hard-working, Kyle continuously strives to better the
community and make a tangible impact with the projects he supports.
PROJECTS & ACCOMPLISHMENTS
• Castaic High School
• City of LA Loyola High School
O: 909-790-5222 M: 909-957-3673
kchanthachak@procraftci.com
482
Matthew Dalgity
Service Foreman
PROFILE
EDUCATION & CERTIFICATIONS
• Pro Press
• T-Drill
• OSHA Hr 10
• OSHA Hr 30
• ABC SoCal Graduate
• CPR/First-Aid
• Forklift
• Scissor Lift
• Boom Lift
• Respirator Fit Test Certification
• Confined Space
• Hilti Tool Certification
• Socket and Butt Fusion
• Gastile Installer
Matthew is currently a Foreman for Pro-Craft whose “team player” attitude
encourages the team to complete work on time and collaboratively solve problems.
In addition, Matthew maintains a calm and collected demeanor when facing
challenges when determining the best solutions with everyone’s best interest in
mind, resulting in Pro-Craft maintaining strong customer relationships for continued
business.
WORK EXPERIENCE
Matthew has worked in plumbing, utilities, and mechanics since 2010. Over his
12+ years of experience, he has worked as a Plumbing Installer, Pipe Fitter, and
Lead Foreman before joining us at Pro-Craft as one of our Foreman. His extensive
background enables him to work well with different types of collaborators and
inspectors, giving Pro-Craft the ability to expand its network while simultaneously
fulfilling the individual needs of all clientele with no guesswork.
SKILLS
Matthew’s dedication to his team, combined with his field and technical
knowledge aptitude, guarantees that we deliver our four core services with the
utmost excellence and accuracy. Furthermore, Matthew exercises creativity,
communication, and decision-making skills on various kinds of projects through
every stage of the process. Responsible and hard-working, Matthew continuously
strives to better the community and make a tangible impact with the projects he
supports.
PROJECTS & ACCOMPLISHMENTS
• Castaic High School
• City of LA Loyola High School
O: 909-790-5222 M: 909-674-2524
mdalgity@procraftci.com
483
• OSHA 30
• Respirable Crystalline Silica
•American Water Works Association
Backflow Prevention Assembly Tester Cert.
No. 18994
•Graduate Plumber
•Confined Space
•Excavation Trenching Shoring
•Sexual Harassment
•CPR & First Aid
•MEWP Scissor
•MEWP Boom
EDUCATION & CERTIFICATIONS
• 2021 ABC Craft Championship Winner
•County of Orange/Health Care Agency/Environmental Health Backflow
Prevention Device Tester
•OC Health Care Agency Code of Conduct Acknowledgment
•American Water Works Association Backflow Prevention Assembly Tester
Certificate
Tyler Leavitt
Foreman & Plumber Service Technician
PROFILE
Tyler is a courteous and reliable Foreman & Plumber Service Technician whose
diligent work ethic uplifts the Pro-Craft team. Specializing in fast-paced and
detail-oriented tasks is his specialty - from implementing safety procedures to
approaching tasks with care.
WORK EXPERIENCE
Tyler has spent the last 6 years at Pro-Craft and brings 16 years of service
experience to the table. His dedication to quality and excellence while
maintaining a positive and patient attitude are demonstrated in every project
he tackles.
SKILLS
Tyler creates a better work environment for the colleagues around him,
improving morale with a teamwork-driven approach to coincide with his
technical skills of plumbing repair and assembly. Multitasking is one of his
biggest strengths, but the quality of his work never falters under pressure.
Tyler is flexible, quick to problem-solving, and is always prepared to provide
solutions for clients.
PROJECTS & ACCOMPLISHMENTS
O: 909-790-5222 M: 909-894-6753
tleavitt@procraftci.com
484
City of Palm Desert
PW - Operations & Maintenance
Randy Chavez, Director of Public Works
73-510 Fred Waring Drive, Palm Desert, CA 92260
[URBAN WORK CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2025-RFP-197
On-Call Plumbing Services
RESPONSE DEADLINE: August 11, 2025 at 2:00 pm
Report Generated: Monday, August 18, 2025
Urban Work Construction, Inc. Response
CONTACT INFORMATION
Company:
Urban Work Construction, Inc.
Email:
james@urbanworxinc.com
Contact:
James Henderson
Address:
39203 Leopard Street
Ste. B
Palm Desert, CA 92211
Phone:
(760) 321-3770
Website:
callurbanworx.com
Submission Date:
Aug 11, 2025 1:29 PM (Pacific Time)
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ADDENDA CONFIRMATION
No addenda issued
QUESTIONNAIRE
1. Proposal (WITHOUT COST)*
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organ ized and
include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include:
1. Cover Letter
A. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of
the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone
number authorized to negotiate Agreement terms and compensation.
2. Experience and Technical Competence
A. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s
experience with similar Service as described in this RFP.
B. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this
RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact
person.
3. Firm Staffing and Key Personnel
A. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as
well as your firm’s capacity to provide additional personnel as needed.
B. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and
responsibility of each individual.
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C. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel.
D. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor
that is anticipated to perform each function.
4. Proposed Method to Accomplish the Work
A. Describe the technical and management approach to providing the Services to the City. Proposer should take into account
the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and
deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described
herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the
discussion of its proposed method to accomplish the work.
Submittal_-_Palm_Desert_On_Call_Plumbing.pdf
2. Non-Collusion Declaration*
The undersigned declares:
I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or
corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder
to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone
else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by ag reement,
communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost
element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not , directly or
indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, to any corporation, partnership, company, association, organization, bid depository, or to any mem ber or agent thereof to
effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liabil ity company,
limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and do es execute, this
declaration on behalf of the Bidder.
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I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Confirmed
3. Enter your valid CA Contractors State License Board (CSLB) number*
Please enter your License Number here. This will be verified against the state database.
1066712
Click to Verify Value will be copied to clipboard
4. 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.
2000008490
Click to Verify Value will be copied to clipboard
5. Type of Business*
C Corporation (if corporation, two signatures are required)
6. Litigation*
Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5)
years (or type "N/A").
N/A
7. Changes to Agreement*
The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify any
objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are
identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may effect
theCity's decision to enter into an Agreement.
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N/A
8. No Deviations from the RFP*
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited
to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection o f the
proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification
provisions therein (or type "N/A").
Maximum response length: 5000 characters
N/A
9. Project Team Resumes*
Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualifications,
education, and professional licensing.
James_Resume.pdf
Johns_Resume.pdf
Jesse_Hurtado_Resume.pdf
Martin_Hurtado_Resume.pdf
Hector_Nunez_Resume.pdf
10. List the Signatory(s) Authorized to Sign and Bind an Agreement.*
(If two (2) signatures are required, include the following information for both signatories)
1. Full Name
2. Title
3. Physical Business Address
4. Email Address
5. Phone Number
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Corporation (C-Corp, S,B, Stock etc.): Requires two signatures—both from authorized officers (e.g., President, Vice President,
Secretary, or Treasurer). If signing authority is not held by a President, Vice President, Treasurer, or Secretary, a Corporate Resolution
or Article of Authority is needed to verify the signer’s authorization.
LLC: Usually requires one signature from an authorized member or manager. For significant contracts (e.g., over $50,000 for
construction or over $25,000 for service agreements), additional approvals or s ignatures may be required.
Sole Proprietorship, Non-Profit, Single LLC: Only the one signature is necessary.
Authorized Signatory #1:
• Name: James Henderson
• Title: President
• Address: 39203 Leopard St., Ste. B, Palm Desert, CA 92211
• Email: james@urbanworxinc.com
• Phone: (760) 321-3770
Authorized Signatory #2:
• Name: John Doyle
• Title: CFO & COO
• Address: 39203 Leopard St., Ste. B, Palm Desert, CA 92211
• Email: john@urbanworxinc.com
• Phone: (760) 321-3770
11. Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accord ance
with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.*
Confirmed
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PRICE TABLES
Line Item Description Unit of Measure Unit Cost
1 Supervisor/Foreman - Standard Rate Hour $148.00
2 Supervisor/Foreman - Emergency/After-Hours Rate Hour $223.00
3 Supervisor/Foreman - Weekend/Holiday Rate Hour $296.00
4 Journeyman - Standard Rate Hour $145.00
5 Journeyman - Emergency/After-Hours Rate Hour $216.00
6 Journeyman - Weekend/Holiday Rate Hour $289.00
7 Apprentice - Standard Rate Hour $80.00
8 Apprentice - Emergency/After-Hours Rate Hour $119.00
9 Apprentice - Weekend/Holiday Rate Hour $158.00
10 Laborer - Standard Rate Hour $117.00
11 Laborer - Emergency/After-Hours Rate Hour $175.00
12 Laborer - Weekend/Holiday Rate Hour $233.00
491
Date: August 11, 2025
From: Urban Worx Construction, Inc.
39203 Leopard St., Ste. B
Palm Desert, CA 92211
Phone: (760) 321-3770
Email: james@urbanworxinc.com
To: Management Analyst
City of Palm Desert – PW Operations & Maintenance
73-510 Fred Waring Drive
Palm Desert, CA 92260
RE: Proposal for ON-Call Plumbing Services – RFP No. 2025-RFP-197
Dear Management Analyst,
Urban Worx Construction, Inc. is pleased to submit our proposal to provide On-Call
Plumbing Services for the City of Palm Desert and the Palm Desert Housing Authority. As a
Palm Desert-based contractor with a C-36 Plumbing License and over 20 years of
experience in plumbing repair, replacement, and installation, we are fully prepared to meet
the City’s needs for timely, professional, and code-compliant services.
Our in-house licensed plumbers and service team specialize in municipal facility work,
ensuring rapid response, consistent quality control, and adherence to all prevailing wage
and safety requirements. Our approach focuses on:
• Rapid Response: two-hour emergency call-back
• Self-Performance: Minimizing subcontracting delays by using our own qualified
plumbers
• Detailed Documentation: Service Fusion platform with photo and status reporting
• Proactive Safety Measures: Protecting City property, residents, and staff
492
Date: August 11, 2025
I, James Henderson, President of Urban Worx Construction, Inc., am authorized to
negotiate agreement terms and compensation. You may reach me directly at (760) 321-
3770 or james@urbanworxinc.com. My business partner, John Doyle, CFO/COO, is also
available at john@urbanworxinc.com.
We appreciate your consideration and look forward to serving as a trusted plumbing
partner for the City.
Sincerely,
James Henderson
President
Urban Worx Construction, Inc
493
Date: August 11, 2025
Experience and Technical Competence
Background
Urban Worx Construction, Inc. is a full-service construction and specialty trade contractor
headquartered in Palm Desert, CA. Founded in 2019, we provide plumbing, HVAC,
electrical, and general construction services to over 4,000 clients in the Coachella Valley.
Our C-36 licensed plumbers perform a complete range of plumbing services, including
leak detection and repair, drain clearing, water heater service, fixture replacement,
backflow device installation, and irrigation system connections. We are experienced with
both scheduled maintenance and emergency plumbing repairs for public agencies,
property managers, and commercial facilities.
Licenses Held:
• C-36 Plumbing Contractor – CA Lic. #1066712
• DIR Registration #2000008490
• Additional Classifications: B – General Building, C-10 Electrical, C-20 HVAC, C-
16/D35 Pool & Spa
Key Personnel Experience
James Henderson
President, Urban Worx Construction, Inc.
�� (760) 321-3770 | ✉ james@urbanworxinc.com
James Henderson is an accomplished business executive with over 20 years of experience
in the construction, insurance, and financial sectors. As President of Urban Worx
Construction, he has led the company's rapid growth by delivering exceptional service
across general construction and specialty trades. James specializes in project oversight,
client relationship management, and risk mitigation. His leadership has guided successful
residential and commercial construction projects throughout Southern California.
Past roles include:
• Founder of Burton Development, Inc., where he led homebuilding operations
including land acquisition, planning, and construction.
• Executive at Robert Henderson Construction, overseeing warranty work for major
homebuilders and managing field crews.
494
Date: August 11, 2025
• MBA and BA in Business Administration from California State University, San
Bernardino.
John Doyle
Director of Operations / Co-Principal
�� (760) 391-0590 | ✉ john@urbanworxinc.com
John Doyle is a licensed contractor in General Building, Plumbing, HVAC, Electrical, and Pool
& Spa Maintenance in both California and Arizona. He has over 20 years of hands-on and
managerial experience in construction and facilities management, having led teams at
Ameripan Inc. and served in various roles with the State of California. His past roles include
Director of Operations at Ameripan Inc, Codes and Standards Administrator for the
California Department of Housing and Community Development, and Stationary Engineer
for state facilities including Cal Fire and Ironwood State Prison.
His extensive municipal experience includes serving on commissions for the City of Indio
and overseeing compliance with the California Health & Safety Code. John is highly
experienced in long-term infrastructure planning, budgeting, inspection enforcement, and
workforce training.
• AS in Business Administration, College of the Desert
• Holds EPA Universal Freon Certification and multiple technical certifications
495
Date: August 11, 2025
Project References
1. Boys & Girls Club Remodel Project
Client: Resort Construction Services
Contact: Jerry Loces, Owner
�� (760) 778-8862
Role: Subcontractor
• Re-route waste water lines under ground
• Reconfigured restrooms
• Install all new plumbing fixtures
• Added kitchen.
2. Multi-Site Facility Maintenance – Abby Solutions (National Service Provider)
Client: Abby Solutions
Contact: Carl Benson, Dispatch Manager
�� (201) 301-8827
Role: Service Provider
• Routine maintenance and emergency service for commercial complexes, including
drain clearing and water heater replacements.
3. National Home Warranty Providers – Multi-Trade Services
Clients Include:
• American Home Shield
• Fidelity National Home Warranty
• Old Republic Home Protection
• Cinch Home Warranty
• Choice Home Warranty
• First American Home Warranty
496
Date: August 11, 2025
Scope: Urban Worx provides a wide array of plumbing services for national warranty plans,
including leak detection and repair, fixture replacements, drain clearing, water heater
service, and backflow prevention installations. These programs require adherence to strict
warranty criteria, quick turnaround on diagnostics, and professional reporting. Contact
details are available upon request.
497
Date: August 11, 2025
Firm Staffing & Key Personnel
Urban Worx Construction, Inc. employs a skilled and well-rounded team with the capacity
to self-perform the vast majority of trades listed in the City’s Scope of Services. While our
company was officially established in 2019, our core staff has worked together for many
years across multiple companies spanning over 10+ years, building a strong foundation of
teamwork, trust, and shared experience. This long-standing collaboration enables our team
to operate with flexibility, respond rapidly, and consistently deliver high-quality maintenance
and repair services.
Team Organization
Executive & Management
• James Henderson – President / Primary Contact
• John Doyle – Co-Principal / Director of Operations
• Mike Doyle – Operations Manager
• Zack Vaughan – Outside Service Manager
Office Support Staff
• Maribel Orellana – Office Coordinator
• Taryn Rodriguez – Office Coordinator
Lead Field Technicians
• Martin Hurtado – Lead Plumber (Foreman)
• Jesse Hurtado – Lead Plumber (Journeyman)
• Hector Nunez – Plumber (Journeyman)
• Angel Centeno – Apprentice
Key Personnel Bios
Mike Doyle – Operations Manager
Mike Doyle manages the day-to-day operations of Urban Worx, ensuring smooth
coordination across HVAC, plumbing, and electrical services. He oversees both field and
office teams to ensure dispatch efficiency, quality service delivery, and strong internal
498
Date: August 11, 2025
communication. His operational oversight supports customer satisfaction and project
efficiency across all departments.
Zack Vaughan – Outside Service Manager
Zack Vaughan is responsible for quality control and performance in the field. He ensures
technician workmanship meets Urban Worx standards, conducts jobsite walkthroughs,
and serves as a liaison between customers, technicians, and management. His leadership
ensures consistency, safety, and professionalism across field operations.
Maribel Orellana – Office Coordinator
Maribel oversees technician scheduling, customer service communications, and parts
procurement. Her role supports operational continuity and ensures fast, responsive
service delivery, contributing to Urban Worx’s reputation for reliability.
Taryn Rodriguez – Office Coordinator
Taryn plays a vital role in managing logistics, dispatch coordination, and material tracking.
She supports internal operations by ensuring clear communication between office and
field teams and contributes to a high level of customer service.
Martin Hurtado – Lead Plumbing Technician
Martin oversees all commercial plumbing service operations. He ensures compliance with
plumbing codes, oversees upgrades, and mentors plumbers on commercial job sites.
Jesse Hurtado - Lead Plumbing Technician
Jesse oversees all plumbing service operations. He ensures compliance with plumbing
codes, oversees upgrades, and mentors plumbers on both residential and commercial job
sites.
Hector Nunez – Plumber Journeyman
Hector specializes in installations, including plumbing systems, equipment, and
components. He leads installation crews from layout through commissioning, ensuring
efficient and clean installations.
499
Date: August 11, 2025
Proposed Method to Accomplish the Work
Urban Worx Construction, Inc. proposes a highly responsive, well-coordinated, and cost-
effective approach to executing facility repairs. Our method emphasizes self-performance
of critical trades, proactive facility evaluations, detailed documentation, and alignment
with the City’s long-term maintenance goals.
1. Initial Assessment & Task Confirmation
• Receive service request from City staff
• Dispatch appropriate crew based on urgency (emergency vs. standard)
2. Execution
• Arrive fully equipped with tools, materials, and PPE
• Perform troubleshooting, repairs, or installations per scope
• Use lockout/tagout and OSHA-compliant safety measures
3. Use of Technology and Asset Management Integration
Urban Worx utilizes Service Fusion, a cloud-based CRM and field service platform, to
track, document, and manage all work orders. Key features include:
• Time-stamped photo documentation
• Equipment tracking by asset and location
• Technician job notes and status updates
• Integration with mobile devices for field reporting
We are fully open to using the City’s Asset Management Software and will work with the
City’s team to ensure compatibility between platforms. Our technicians are equipped with
smartphones and tablets to input data directly on site. If selected to use the City’s
platform, we are committed to entering required data (location, materials used, work
details, etc.) and submitting final reports in a timely manner.
4. Emergency Response and After-Hours Availability
Urban Worx has the internal capacity to respond to same-day emergency calls and is
available for after-hours support when needed. Our service department is staffed to
manage urgent dispatches, and our field technicians are trained to respond quickly,
efficiently, and safely to minimize disruptions.
500
Date: August 11, 2025
5. Jobsite Safety and Public Protection
Safety is a cornerstone of our operations. We have written safety protocols and jobsite
preparation procedures for every work site. These include:
• Use of signage, barriers, cones, and dust protection
• Protective measures for adjacent equipment and public areas
• Same-day debris removal and site clean-up
Zack Vaughan, our Outside Service Manager, also serves as our Dedicated Safety
Manager. He is responsible for safety oversight on all projects, conducting jobsite audits,
and ensuring compliance with OSHA standards and City requirements.
6. Communication and Collaboration
Urban Worx values transparency and professionalism in communication. We maintain a
direct line of communication between our field technicians, office coordinators, and City
staff to ensure timely updates, rapid resolution of issues, and clear documentation
throughout the duration of each task or project.
501
James A. Henderson
E: james@urbanworxinc.com
P. 760-321-3770 • Palm Desert, CA 92211
Business Executive
Accomplished Business Executive with over 20 years of comprehensive experience in
leading diverse teams and driving operational excellence across multiple industries,
including construction, insurance, and financial services. Demonstrated expertise in
strategic planning, financial oversight, and market expansion, with a strong focus on
delivering exceptional client service and sustainable business growth. Skilled in navigating
complex business environments, implementing efficient process improvements, and
harnessing data-driven insights to make informed decisions. Recognized for exceptional
leadership in managing large-scale projects from conception to execution, fostering team
collaboration, and building lasting relationships with stakeholders, partners, and
customers.
Core competencies include:
Risk Management. Project Management. Risk Analysis, Statistical and Financial Analysis
Corporate Finance and Accounting, Client Relations, Strategic Planning and Forecasting,
Business Management.
Professional Experience
President | Urban Worx Construction, Inc. | 2019 – Present
• Spearheaded the establishment and rapid growth of Urban Worx Construction, Inc.,
elevating the business to $1.1 million in annual revenue.
• Successfully delivered comprehensive services across plumbing, HVAC, electrical, and
general contracting trades to over 4000 customers.
• Leveraged industry expertise and leadership skills to drive operational excellence,
customer satisfaction, and financial performance.
Insurance Incorporated • Riverside, CA • 2011 - 2019
502
Mid-sized insurance brokerage, managing a portfolio of insurance and financial products.
Support clients with risk financing solutions, claims management, and government
compliance.
• Manage a large book of insurance business.
• Implemented data mining process to collect information on potential clients.
• Integral part of $8 million growth in three years.
Burton Development, Inc. • Riverside, CA • 2003 - 2008
Founder and executive of a construction company that built single family homes on a
speculative basis. Performed land acquisition, planning, budgeting, land entitlements,
construction management, and sale of single -family homes.
• Generated approximately $1,500,000 in annual sales with start -up investment of $50,000.
• Improved delivery times and budget costs by 48% over a 5 -year period.
• Conducted financial and underwriting analysis on every project to support land
purchasing decisions.
Robert Henderson Construction • Riverside, CA • 1995 - 2003
Leading provider of new home warranty construction services, catering to major builders
and homeowners. I specialized in rectifying construction defects under warranty, managing
offsite operations, and overseeing the complete construction lifecycle. Employed
proprietary budgeting software to bolster management's financial and analytical
capabilities. Successfully expanded client portfolio and strengthened business
relationships.
• Took on and managed one of the company's largest clients.
• Managed 16 journeyman.
• Reorganized and streamlined processes to provide high gross margins.
Education
503
Master of Business Administration (MBA) California State University, San Bernardino,
2019
Bachelor of Arts in Business Administration Cal State University, San Bernardino, Palm
Desert, CA, 2017
504
JOHN DOYLE
Indio, California 92203￨ 760-391-0590 ￨ john@urbanworxinc.com
Construction and Facilities Operations
Results-driven leader holding multiple contractors’ trade licenses in California and Arizona
including HVAC, Plumbing, Electrical and General Contractor with extensive experience
leading teams. Sat on multiple boards including the Community Services Commission and
the Fair Practices Commission for the City of Indio. Seeks a role where outstanding
leadership, facilities, and operational expertise can be leveraged in the successful
management of any project.
SKILLS
• Executive Leadership • Municipal Administration • Large -Scale Planning • Operations •
City Budget
• Economic Development • Manager/Administrator • Finance • Infrastructure
Improvements • Facilities
• Staff Management • Community Engagement • Administrative Oversight • Municipal
Management
• Interpersonal and Communication Skills • Public Safety • Unions • Water Enterprises •
Collaborative
• Technology: MS Word, Excel, Outlook, PowerPoint, Project, QuickBooks, Apple, and
Android Devices
PROFESSIONAL EXPERIENCE
Urban Worx Construction Inc. 2019 - Present
• Directs all operational aspects of a multi-trade contracting firm specializing in HVAC,
plumbing, electrical, and general building services.
• Oversees both day-to-day operations and long-term strategic planning to ensure
efficient service delivery across residential, commercial, and municipal projects.
• Manages cross-functional teams, including field technicians, office staff, and
department leads, ensuring alignment with company goals and industry standards.
• Leads large-scale infrastructure improvement and facility maintenance projects from
estimation through on-time, on-budget completion.
• Maintains compliance with all city, state, and federal regulations, including building
codes, safety protocols, and licensing requirements.
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• Develops and administers project budgets, optimizes resource allocation, and
negotiates high-value contracts for municipal and private sector clients.
• Serves as primary liaison to public agencies, inspectors, subcontractors, and
community stakeholders to ensure project transparency and satisfaction.
• Implements operational systems that improve communication, accountability, and
performance across all divisions.
• Upholds Urban Worx’s reputation for quality workmanship, safety, and professionalism
through rigorous quality control and staff mentorship.
AMERIPAN INC. 2006 to 2022
DIRECTOR OF OPERATIONS, Palm Desert, CA
Ameripan Inc is a full-service residential and commercial construction company
specializing in new construction; remodels; plumbing, HVAC, electrical, and pool/spa
equipment maintenance, fire safety & inspection, industrial safety engineering. As director
of operations, job functions include the following:
• Manage large-scale planning and infrastructure improvement projects including
complex building maintenance and construction projects from estimation through on-
time, on-budget completion.
• Lead, manage and coach a large team in the delivery of successful facilities projects
throughout Southern California and the city of Indio.
• Analyze and participate in the preparation and administration of project budgets.
• Prioritize multiple competing work orders and aligned needed teams and resources to
deliver the highest-quality result at the best possible cost.
• Provide administrative oversight to the operational and policy functions of projects
ensuring they were completed and delivered with high levels of client satisfaction.
• Oversee the day-to-day operations of the firm and planned managed the activities and
operations of all internal departments, advising and assisting where needed.
• Provide administrative oversight to the operational and policy functions for the
organization, including establishing positive working relationships with representatives
with community organizations, state/local agencies and associations, and the public.
• As the organization's business leader I create extensive economic development
opportunities for the firm, including obtaining large contracts for massive infrastructure
improvement projects.
• Use exceptional communication skills with both external and internal stakeholders
ensuring facilities and infrastructure projects were delivered what was agreed upon.
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• Create both short term and long-term large-scale planning of the organization, ensuring
the growth and ongoing continuous improvement of the firm.
PROFESSIONAL EXPERIENCE CONTINUED
STATE OF CALIFORNIA – January 2018 to September 2021
CODES AND STANDARDS ADMINISTRATOR I
Housing and Community Development, Riverside, CA
Heald progressive role as Codes and Standards Administrator overseeing 24 inspectors
from San Luis Obispo to San Diego border with Mexico.
• Led, monitored and guided a team of district representatives in the inspection and
enforcement of California Health and Safety Codes.
• Provided coaching to staff on how to grow their career within the State of California.
• Established expectations, monitored performance, and provided constructive feedback
to staff on a continuous basis, including documenting deficiencies through
performance evaluations and corrective memorandums.
• Provided training and development to field district representatives to enable them to
perform their assigned duties in the most efficient, professional, and courteous
manner, including developing continuing training assignments for district
representatives.
• Supported area-wide application by the Division staff and for local administration of
State Housing Law Employee Housing and Mobile Home Park laws in construction,
electrical, plumbing, heating, and related data preliminary to division approval of
alternate materials, appliances, fixture, methods of construction, and installation
techniques.
STATIONARY ENGINEER
California Department of Fire and Forestry & Ironwood State Prison
• Supervised Construction as well as implemented policy and procedure of all the
mechanical and security protocols for the New Cal Fire Southern Operations Base
located at March Airforce base in Moreno Valley. This facility is state of the art and
designed to manage all the emergency fire operations for Southern California to include
but not limited to air and ground support.
• Developed key relationships with internal and external stakeholders including Council,
City staff, public and private organizations.
• Partnered with public safety, unions, and water enterprises in executing projects.
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BOARDS & COMMISSIONS
Commissioner: Community Services Commission, City of Indio (2014 to 2016); Mobile
Home Fair Practices Commission, City of Indio (2012 to 2014)
Treasurer: Board of Directors, Sonora Wells HOA, Indio (2010 to 2014)
Chair: Board of Directors, United Methodist Church, (2008 to 2010)
EDUCATION
Associate of Science in Business Administration, College of the Desert, Palm Desert, CA,
2017
LICENCES & CERTIFCATIONS
State of California: B General Contractor, C-36 Plumbing, C-20 HVAC, C-10 Electrical, D-35
Pool and Spa Maintenance
EPA: Universal Freon Certification
Additional: Sloan Value Certified, Mold Certified, Boiler Certification
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Jesse Hurtado II Lead Journeyman Residential Plumber
PROFESSIONAL SUMMARY Experienced and highly skilled residential plumber with over 30 years of hands-on expertise in troubleshooting, repair, and installation of plumbing systems. Currently serving as Lead Residential Plumber at Urban Worx Construction, Inc., Jesse oversees residential plumbing operations, mentors junior technicians, and ensures exceptional service quality. Recognized for quick diagnostics, effective leadership, and customer-first service delivery. Highly dependable, safety-conscious, and experienced in handling diverse residential plumbing projects in coordination with city requirements. Core Skills: Residential Plumbing Systems • Fixture Installation & Repairs • Drainage & Sewer Systems Water Heater Installation • Pipe Fitting • Troubleshooting & Diagnostics • Team Leadership & Mentoring Customer Service • City Code Compliance • Safety & Clean Worksite Practices
RELEVANT EXPERIENCE Lead Residential Plumber Urban Worx Construction, Inc. – Palm Desert, CA | 2024 – Present - Leads all residential plumbing service and installation operations across the company’s service region. - Provides expert-level troubleshooting and repair of residential water, waste, and gas systems. - Mentors and trains junior and apprentice plumbers to uphold quality workmanship and safety standards. - Coordinates with project managers and office staff to ensure jobs are completed efficiently and meet customer expectations. - Maintains full compliance with local plumbing codes and city permit requirements. - Prepares jobsite for safety and cleanliness, including debris removal and protecting existing systems from damage. Journeyman Plumber Various Plumbing Contractors – Southern California | 1990 – 2024 - Completed thousands of residential plumbing service calls and installations over three decades. - Specialized in repipes, fixture upgrades, water heaters, slab leak repair, and new construction rough-in. - Maintained high levels of customer satisfaction through responsive, honest, and thorough service.
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- Worked with city inspectors, permit offices, and general contractors to ensure code compliance and job success.
PROJECT ALIGNMENT – CITY OF PALM DESERT - Over 30 years of experience servicing residential plumbing systems across Southern California - Well-versed in troubleshooting and repairing fixtures, piping, drainage, and water systems - Proven ability to lead plumbing crews and manage field operations effectively - Committed to safe work practices, debris removal, and customer area protection - Familiar with city permit processes, compliance, and inspection procedures
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Martin Hurtado Lead Commercial Plumber
PROFESSIONAL SUMMARY Veteran commercial plumber with extensive experience leading large-scale plumbing projects in commercial and municipal settings. As Lead Commercial Plumber at Urban Worx Construction, Inc., Martin oversees the commercial plumbing division, manages field crews, and ensures all work meets technical, safety, and code standards. Recognized for his ability to deliver complex installations and repairs with precision, professionalism, and a commitment to high-quality outcomes. Skilled in project coordination, inspection readiness, and supervising crews on multi-site developments. Core Skills: Commercial Plumbing Systems • Crew Supervision • Multi-Site Project Management Plumbing Code Compliance • Jobsite Safety Enforcement • High-Volume Service Delivery Blueprint Reading • Piping Systems & Equipment • Quality Control
RELEVANT EXPERIENCE Lead Commercial Plumber Urban Worx Construction, Inc. – Palm Desert, CA | 2019 – Present - Leads commercial plumbing projects including tenant improvements, public building maintenance, and new construction. - Supervises plumbing crews to complete installations, repairs, and system upgrades on schedule and to code. - Ensures worksite safety, cleanliness, and coordination with other trades during active construction. - Performs inspections, final walkthroughs, and compliance verification for commercial plumbing systems. - Collaborates with project managers, inspectors, and subcontractors to complete complex, multi-phase jobs. Journeyman Plumber / Crew Leader Commercial Plumbing Contractors – Southern California | 2005 – 2019 - Performed installation and maintenance of commercial piping systems including gas, water, and waste lines. - Managed small teams and coordinated equipment, tools, and daily task assignments. - Worked from blueprints, submittals, and code requirements to complete scope of work efficiently.
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LICENSES & CERTIFICATIONS - Journeyman Plumber (CA) - OSHA 30 Certified - Backflow Prevention Certified - Confined Space Entry & PPE Trained
PROJECT ALIGNMENT – CITY OF PALM DESERT - Leads crews on plumbing repairs and upgrades for multi-building sites - Ensures adherence to plumbing codes, permitting, and safety procedures - Experienced in commercial plumbing walk-throughs and punch-list closeouts - Coordinates across trades to complete work efficiently with minimal disruption - Maintains clean, protected jobsites and responds to municipal documentation needs
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Hector Nunez
Plumbing Journeyman
PROFESSIONAL SUMMARY Dedicated plumbing journeyman with 7 years of hands-on experience in commercial, municipal, and residential plumbing systems. Currently with Urban Worx Construction, Inc., Hector performs complex installations, system repairs, and preventative maintenance across diverse projects. Known for precision workmanship, jobsite safety, and consistent on-time project delivery. Skilled in working from blueprints, troubleshooting issues, and collaborating with other trades to ensure seamless project execution.
Core Skills • Commercial & Residential Plumbing • Fixture & System Installation • Crew Collaboration • Jobsite Safety & Cleanliness • Plumbing Code Compliance • Service & Repair Expertise • Blueprint & Technical Drawing Interpretation • Piping Systems & Equipment • Preventative Maintenance • Quality Control & Inspection Readiness
RELEVANT EXPERIENCE Urban Worx Construction, Inc. – Palm Desert, CA | 2024 – Present - Executes plumbing installations, repairs, and system upgrades for residential and commercial projects. - Works closely with project managers and other trades to complete jobs to code and on schedule. - Maintains clean and safe jobsites while protecting client property during all phases of work. - Performs inspections and final walkthroughs to ensure compliance with plumbing standards. All Season – Coachella Valley, CA | 2020 – 2024 - Installed, maintained, and repaired plumbing systems for residential and light commercial properties.
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- Interpreted blueprints and specifications to meet project requirements. - Assisted with training apprentices and ensuring adherence to safety procedures. Plumbing Services – Indio, CA | 2017 – 2020 - Supported journeymen in daily plumbing tasks including pipefitting, fixture installation, and leak repairs. - Learned and applied proper safety protocols, tool usage, and material handling techniques. - Completed on-the-job training in plumbing code compliance and basic system troubleshooting.
LICENSES & CERTIFICATIONS • Journeyman Plumber (CA) • OSHA 30 Certified • Confined Space Entry & PPE Trained
PROJECT ALIGNMENT – CITY OF PALM DESERT • Performs plumbing repairs, maintenance, and system installations for multi-building sites. • Adheres to plumbing codes, permitting processes, and municipal safety requirements. • Experienced in inspections, punch-list closeouts, and maintaining detailed documentation. • Coordinates with other trades to ensure efficient, minimally disruptive project completion.
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 11, 2025
PREPARED BY: Chris Gerry, Senior Project Manager
SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENTS TO SELBERT
PERKINS DESIGN FOR THE DESIGN OF THE EL PASEO PARKWAY
IMPROVEMENTS AND TRAFFIC SIGNAL IISNS REPLACEMENT
RECOMMENDATION:
1. Award a Professional Services Agreement to Selbert Perkins Design, Inc., of Playa Del Rey,
California, in the amount of $75,000 for the design of the El Paseo Parkway Improvements
(CST00013).
2. Award a Professional Services Agreement to Selbert Perkins Design, Inc., of Playa Del Rey,
California, in the amount of $65,000 for the design of the Traffic Signal IISNS Replacement
(MTS00002).
3. Authorize the City Attorney to make necessary non -monetary changes to the contracts.
4. Authorize the City Manager to execute the agreement s and any written requests for
amendments, and any other documents necessary to effectuate this action, in ac cordance
with Palm Desert Municipal Code Section 3.30.170(B).
BACKGROUND/ANALYSIS:
The approved Fiscal Year (FY) 202526 Financial Plan and Capital Improvement Program (CIP)
List, authorized funding for two design projects: the El Paseo Parkway Improvements
(CST00013) and the Traffic Signal IISNS Replacement (MTS00002).
The El Paseo Parkway Improvements- the existing monument entry signs have exceeded their
useful life, with one monument destroyed and removed. In addition, the integrated water features
have been a recurring maintenance challenge, resulting in repairs and increased operational
costs.
The Traffic Signal IISNS Replacement - the City currently maintains over 100 intersections
with illuminated panels. These overhead signs, mounted on traffic signal poles, display the City
name, street name, and block numbers to enhance visibility and wayfinding, particularly at night.
This project is intended to create a modernized design that aligns with the City’s broader signage
and placemaking upgrades.
These two projects share similarities in scope and intent with two ongoing design projects: the
Wayfinding Master Plan (MST00003) and the City Entry Monument Signage (CSS00001). These
ongoing projects were previously awarded to Selbert Perkins Design (Designer) through a
competitive Request for Proposals (RFP) in January 2025 and March 2025. The combined value
of the two existing design contracts with Selbert Perkins Design totals $140,000.
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City of Palm Desert
Approve Contract for Design Services
Page 2 of 2
Staff recommends awarding two Professional Services Agreements to the same firm, pursuant
to Palm Desert Municipal Code Section 3.30.160(I), as it is in the best interest of the City. The
Designer’s ongoing work on the Wayfinding Master Plan and City Entry Monument Signage
provides direct alignment in scope, design intent, and branding objectives with the El Paseo
Parkway Improvements and Traffic Signal IISNS Replacement. Engaging the same designer will
ensure consistency in design approach, reinforce the City’s branding, and streamline project
coordination, while avoiding duplicative efforts and maintaining schedule efficiency . The scope
of work for each project can be found in Exhibit B of the Professional Services Agreements.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
The two Projects were included in the approved Fiscal Year 2025 -26 Financial Plan and Capital
Improvement Program (CIP) List: El Paseo Parkway Improvements funded through the Capital
Improvement Fund (Account No. 4004310-4400100), and the Traffic Signal IISNS Replacement
funded through the Measure A Fund (Account No. 2134250 -5000906). The $15,000 overage for
the Traffic Signal IISNS Replacement will be offset by savings from the Traffic Signal
Modification & Hardware Upgrades Program; therefore, there is no financial impact on the
General Fund.
The table below reflects budget and expenses for all projects involved:
Project Account Budget Expense Balance
*El Paseo Parkway Improvements – Design 4004310-4400100 $75,000 $75,000 $0
*Traffic Signal IISNS Replacement - Design 2134250-5000906 $50,000 $65,000 ($15,000)
Traffic Signal Modification & Hardware
Upgrades Program
2134250-4500906 $825,000 $810,000 $15,000
Total $950,000 $950,000 $0
*Current request
ATTACHMENTS:
1. Professional Services Agreement – El Paseo Parkway Improvements
2. Professional Services Agreement – Traffic Signal IISNS Replacement
3. Proposal – El Paseo Parkway Improvements
4. Proposal – Traffic Signal IISNS Replacement
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CITY OF PALM DESERT
PROFESSIONAL SERVICES AGREEMENT
1. Parties and Date. This Agreement is made and entered into on September 11, 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 SELBERT PERKINS DESIGN, an S Corporation, with its
principal place of business at 432 CULVER BOULEVARD, PLAYA DEL REY, CA 90293
("Consultant"). The City and Consultant are sometimes individually referred to herein as "Party"
and collectively as "Parties."
1.1 City Council Approval.
On September 11, 2025, City Council approved the award of this Agreement to the
Consultant above.
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:
El Paseo Parkway Improvements
Project No. MTS00002
(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 September 11,
2025, to June 30, 2027, 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
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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
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.
3.2.1 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: ROBIN PERKINS, CO-
FOUNDER / PARTNER.
3.2.2 City's Representative. The City hereby designates CHRIS GERRY,
SENIOR PROJECT MANAGER, or his/her designee, to act as its representative in all matters
pertaining to the administration and performance of this Agreement ("City's Representative").
City's Representative shall have the power to act on behalf of the City for review and approval of
all products submitted by Consultant but not the authority to enlarge the scope of Services or
change the total compensation due to Consultant under this Agreement. The City Manager shall
be authorized to act on City's behalf and to execute all necessary documents which enlarge the
scope of services or change the Consultant's total compensation subject to the provisions
contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from
any person other than the City Manager, City's Representative or his/her designee.
3.2.3 Consultant's Representative. Consultant hereby designates ROBIN
PERKINS, CO-FOUNDER / PARTNER, 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.
3.2.4 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.
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3.2.5 Standard of Care; Performance of Employees. Consultant shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Consultant represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Consultant warrants that all employees and subconsultants
shall have sufficient skill and experience to perform the Services assigned to them. Consultant
represents that it, its employees and subconsultants have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, and that such
licenses and approvals shall be maintained throughout the term of this Agreement. Consultant
shall perform, at its own cost and expense and without reimbursement from the City, any services
necessary to correct errors or omissions which are caused by the Consultant's failure to comply
with the standard of care provided herein. Any employee of the Consultant or its sub-consultants
who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project, a threat to the safety of persons or property, or any employee who fails
or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed
from the Project by the Consultant and shall not be re-employed to perform any of the Services
or to work on the Project.
3.2.6 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 act ion 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.
3.2.7 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
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regulations in any manner affecting the performance of the Project or the Services and shall give
all notices required by law. Consultant shall be liable for all violations of such laws and regulations
in connection with the Services and this Agreement. All violations of such laws and regulations
shall be grounds for the City to terminate the Agreement for cause.
3.2.7.1 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 Cons ultant
will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
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(C) Professional Liability (Errors & Omissions) Insurance.
Consultant shall maintain professional liability insurance that covers the Services to be performed
in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the
aggregate. Any policy inception date, continuity date, or retroactive date must be before the
effective date of this Agreement and Consultant agrees to maintain continuous coverage through
a period no less than three years after completion of the Services required by this Agreement.
(D) Workers’ Compensation Insurance. Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance
(with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents,
employees, volunteers, and representatives.
(E) Umbrella or Excess Liability Insurance. Consultant may opt
to utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury and property damage liability
coverage at least as broad as the primary coverages set forth above, including commercial
general liability and employer’s liability. Such policy or policies shall inclu de 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].
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
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damages to property, which may arise from or in connection with the performance of the Services
hereunder by Consultant, his/her agents, representatives, employees or subconsultants.
(C) Primary/Non-Contributing. Coverage provided by
Consultant shall be primary and any insurance or self-insurance procured or maintained by City
shall not be required to contribute with it. The limits of insurance required herein may be satisfied
by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance
shall contain or be endorsed to contain a provision that such coverage shall also apply on a
primary and non-contributory basis for the benefit of City before the City’s own insurance or self-
insurance shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of
insurance required under this Agreement does not comply with these specifications, or is
canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may terminate this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued
by an insurance company currently authorized by the Insurance Commissioner to transact
business of insurance or is on the List of Approved Surplus Line Insurers in the State of California,
with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise
approved by the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained
or procured pursuant to this agreement shall be endorsed to waive subrogation against the City,
its elected or appointed officers, agents, officials, employees, volunteers, and representatives or
shall specifically allow Consultant or others providing insurance evidence in compliance with
these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against the City, its elected or appointed officers, agents, officials,
employees, volunteers and representatives and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
(G) Enforcement of Contract Provisions (non estoppel).
Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to
inform Consultant of non-compliance with any requirement imposes no additional obligations on
the City nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to
a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher limits than the
minimums shown above, the City requires and shall be entitled to coverage for the higher limits
maintained by the Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
(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
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(except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for
each required coverage.
(J) Additional Insured Status. General liability, automobile
liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed
to provide that the City and its officers, officials, employees, agents, volunteers and
representatives shall be additional insureds with regard to liability and defense of suits or claims
arising out of the performance of the Agreement, under such policies. This provision shall also
apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of
the coverages required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
(L) Separation of Insureds. A severability of interests provision
must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately
to each insured against whom claim is made or suit is brought, except with respect to the insurer’s
limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(M) Pass Through Clause. Consultant agrees to ensure that its
subconsultants, subcontractors, and any other party involved with the Project who is brought onto
or involved in the Project by Consultant, provide the same minimum insurance coverage and
endorsements required of Consultant. Consultant agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements with
subconsultants, subcontractors, and others engaged in the Project will be submitted to City for
review.
(N) City’s Right to Revise Specifications. The City and the City’s
Risk Manager reserve the right at any time during the term of the Agreement to change the
amounts and types of insurance required by giving the Consultant ninety (90) days advance
written notice of such change. If such change results in additional cost to the Consultant, the City
and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance
requirements, the change shall go into effect immediately and require no advanced written notice.
(O) Self-Insured Retentions. Any self-insured retentions must
be declared to and approved by City. City reserves the right to require that self-insured retentions
be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to
comply with these specifications unless approved by City.
(P) Timely Notice of Claims. Consultant shall give City prompt
and timely notice of claims made or suits instituted that arise out of or result from Consultant’s
performance under this Agreement, and that involve or may involve coverage under any of the
required liability policies.
(Q) Additional Insurance. Consultant shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the Services.
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,
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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 SEVENTY-FIVE THOUSAND DOLLARS and 00/100 ($75,000.00) without written
approval of the City Council or City Manager, as applicable.
3.3.2 Payment of Compensation. Consultant shall submit to City monthly
invoices which provide a detailed description of the Services and hours rendered by Consultant.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed
and approved charges. If the City disputes any of Consultant's fees, the City shall give written
notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth
therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of
provided Services or termination of this Agreement and failure by the Consultant to submit a timely
invoice may constitute a waiver of its right to final payment. Payment shall not constitute
acceptance of any Services completed by Consultant. The making of final payment shall not
constitute a waiver of any claims by the City for any reason whatsoever.
3.3.2.1 Retainer. [RESERVED].
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
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Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a
public works project of over $25,000 when the project is for construction, alteration, demolition,
installation, or repair work, or a public works project of over $15,000 when the project is for
maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and
1771.1, the Consultant and all subconsultants must be registered with the Department of
Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project
and require the same of any subconsultants. This Project may also be subject to compliance
monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with
all applicable registration and labor compliance requirements, including the submission of payroll
records directly to the DIR. Any stop orders issued by the DIR against Consultant or any
subconsultant that affect Consultant’s performance of Services, including any delay, shall be
Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Consultant caused delay and shall not be compensable by the City. Consultant
shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers
and representatives free and harmless from any claim or liability arising out of stop orders issued
by the DIR against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-insurance
in accordance with the provisions of that Code and agrees to comply with such provisions before
commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination, Consultant
shall be compensated only for those Services which have been adequately rendered to City, and
Consultant shall be entitled to no further compensation. Consultant may not terminate this
Agreement except for cause. The rights and remedies of the City provided in this section shall not
be exclusive and are in addition to any other rights and remedies provided by law, equity or under
this Agreement.
3.6.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Documents and
Data and other information of any kind prepared by Consultant in connection with the performance
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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: SELBERT PERKINS DESIGN
432 CULVER BOULEVARD
PLAYA DEL REY, CA 90293
ATTN: ROBIN PERKINS, CO-FOUNDER / PARTNER
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: CHRIS GERRY, PUBLIC WORKS
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall
be and remain the property of City and shall not be used in whole or in substantial part by
Consultant on other projects without the City’s express written permission. Within thirty (30) days
following the completion, suspension, abandonment or termination of this Agreement, Consultant
shall provide to City reproducible copies of all Documents & Data, in a form and amount required
by City. City reserves the right to select the method of document reproduction and to establish
where the reproduction will be accomplished. The reproduction expense shall be borne by City at
the actual cost of duplication. In the event of a dispute regarding the amount of compensation to
which the Consultant is entitled under the termination provisions of this Agreement, Consultant
shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant
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shall have no right to retain or fail to provide to City any such documents pending resolution of
the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a
minimum of fifteen (15) years following completion of the Project and shall make copies available
to City upon the payment of actual reasonable duplication costs. Before destroying the
Documents & Data following this retention period, Consultant shall make a reasonable effort to
notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants
to agree in writing that City is granted a non-exclusive and perpetual license for any Documents
& Data the subconsultant prepares under this Agreement. Consultant represents and warrants
that Consultant has the legal right to license any and all Documents & Data. Consultant makes
no such representation and warranty in regard to Documents & Data which were prepared by
professionals other than Consultant or its subconsultants, or those provided to Consultant by the
City.
3.6.3.3 Right to Use. City shall not be limited in any way in its use
or reuse of the Documents and Data or any part of them at any time for purposes of this Project
or another project, provided that any such use not within the purposes intended by this Agreement
or on a project other than this Project without employing the services of Consultant shall be at
City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project,
it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless
Consultant and its officers, directors, agents, and employees from claims arising out of the
negligent use or re-use of the Documents & Data on such other project. Consultant shall be
responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only
with respect to the condition of the Documents & Data at the time they are provided to the City
upon completion, suspension, abandonment, or termination. Consultant shall not be responsible
or liable for any revisions to the Documents & Data made by any party other than Consultant, a
party for whom the Consultant is legally responsible or liable, or anyone approved by the
Consultant.
3.6.3.4 Indemnification – Documents and Data. Consultant shall
defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents
and representatives free and harmless, pursuant to the indemnification provisions of this
Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name,
trademark, or any other proprietary right of any person or entity in consequence of the use on the
Project by City of the Documents & Data, including any method, process, product, or concept
specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents & Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant. Such
materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
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3.6.3.6 Confidential Information. The City shall refrain from
releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal
counsel determines that the release of the Proprietary Information is required by the California
Public Records Act or other applicable state or federal law, or order of a court of competent
jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary
Information. Consultant shall have five (5) working days after receipt of the release notice to give
City written notice of Consultant's objection to the City's release of Proprietary Information.
Consultant shall indemnify, defend, and hold harmless the City, and its officers, directors,
employees, agents, volunteers and representatives from and against all liability, loss, cost or
expense (including attorney’s fees) arising out of a legal action brought to compel the release of
Proprietary Information. City shall not release the Proprietary Information after receipt of an
objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of
legal counsel), and hold City harmless from any legal action brought to compel such release;
and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City
release such information.
3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another and shall take any additional acts or sign any additional documents as may be necessary,
appropriate, or convenient to attain the purposes of this Agreement.
3.6.5 [Reserved]
3.6.6 Indemnification.
3.6.6.1 To the fullest extent permitted by law, Consultant shall
defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers,
employees, volunteers, agents, and representatives free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or
equity, to property or persons, including wrongful death, in any manner arising out of, pertaining
to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials,
officers, employees, subconsultants or agents in connection with the performance of the
Consultant’s Services, the Project or this Agreement, including without limitation the payment of
all expert witness fees, attorney’s fees and other related costs and expenses except such loss or
damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation
to indemnify shall survive expiration or termination of this Agreement and shall not be restricted
to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees,
agents, volunteers, or representatives.
3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold
harmless arises out of Consultant’s performance as a “design professional” (as that term is
defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code
section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be
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
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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 b e
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not
workdays. All references to Consultant include all personnel, employees, agents, and
subconsultants of Consultant, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, volunteers, and representatives
except as otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or
describe the scope, content, or intent of this Agreement.
3.6.14 Amendment; Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.6.16 No Third-Party Beneficiaries. There are no intended third-party
beneficiaries of any right or obligation assumed by the Parties.
3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid, nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
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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]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND SELBERT PERKINS DESIGN
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be
executed on the day and year first above written.
CITY OF PALM DESERT
By:
Chris Escobedo
Interim City Manager
Attest:
By:
Anthony J. Mejia
City Clerk
Approved as to form:
By:
Isra Shah
Best Best & Krieger LLP
City Attorney
SELBERT PERKINS DESIGN, AN S
CORPORATION
By:
Robin Perkins
President
By:
Robin Perkins
Secretary
Clerk QC:
Contract QC:
Insurance:
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EXHIBIT “A”
SCOPE OF SERVICES
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Exhibit “B”
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EXHIBIT "B"
SCHEDULE OF SERVICES
Project Coordination and Management September 2025 – October 2026
Schematic Design Review (30%) October 2025 – November 2025
Design Development (60%) December 2025 – January 2026
Construction Documents (90%) January 2026 – February 2026
Construction Permit Set (100%) March 2026 – April 2026
Construction Support July 2026 – December 2026
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EXHIBIT "C"
COMPENSATION
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CITY OF PALM DESERT
PROFESSIONAL SERVICES AGREEMENT
1. Parties and Date. This Agreement is made and entered into on September 11, 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 SELBERT PERKINS DESIGN, an S Corporation, with its
principal place of business at 432 CULVER BOULEVARD, PLAYA DEL REY, CA 90293
("Consultant"). The City and Consultant are sometimes individually referred to herein as "Party"
and collectively as "Parties."
1.1 City Council Approval.
On September 11, 2025, City Council approved the award of this Agreement to the
Consultant above.
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:
Traffic Signal IISNS Replacement
Project No. MTS00002
(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 September 11,
2025, to June 30, 2027, 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
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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
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: ROBIN PERKINS, CO-
FOUNDER/ PARTNER.
3.2.5 City's Representative. The City hereby designates CHRIS GERRY,
SENIOR PROJECT MANAGER, or his/her designee, to act as its representative in all matters
pertaining to the administration and performance of this Agreement ("City's Representative").
City's Representative shall have the power to act on behalf of the City for review and approval of
all products submitted by Consultant but not the authority to enlarge the scope of Services or
change the total compensation due to Consultant under this Agreement. The City Manager shall
be authorized to act on City's behalf and to execute all necessary documents which enlarge the
scope of services or change the Consultant's total compensation subject to the provisions
contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from
any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates ROBIN
PERKINS, CO-FOUNDER / PARTNER, 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.
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3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Consultant represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Consultant warrants that all employees and subconsultants
shall have sufficient skill and experience to perform the Services assigned to them. Consultant
represents that it, its employees and subconsultants have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, and that such
licenses and approvals shall be maintained throughout the term of this Agreement. Consultant
shall perform, at its own cost and expense and without reimbursement from the City, any services
necessary to correct errors or omissions which are caused by the Consultant's failure to comply
with the standard of care provided herein. Any employee of the Consultant or its sub-consultants
who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project, a threat to the safety of persons or property, or any employee who fails
or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed
from the Project by the Consultant and shall not be re-employed to perform any of the Services
or to work on the Project.
3.2.9 Period of Performance. Consultant shall perform and complete all Services
under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Consultant shall also perform the Services in strict accordance with any completion schedule or
Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately
agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees
that if the Services are not completed within the aforementioned Performance Time and/or
pursuant to any such Performance Milestones developed pursuant to provisions of this
Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
Neither City nor Consultant shall be considered in default of this Agreement for delays in
performance caused by circumstances beyond the reasonable control of the non-performing
Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A
Force Majeure Event shall mean an event that materially affects a Party’s performance and is one
or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a
public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable
and unforeseeable delay in the issuance of permits or approvals by governmental authorities that
are required for the services); (4) strikes and other organized labor action occurring at the site
and the effects thereof on the services, only to the extent such strikes and other organized labor
action are beyond the control of Consultant and its subcontractors, and to the extent the effects
thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or
quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes
ordinances, emergency proclamations and orders, rules to protect the public health, welfare and
safety, and other actions of a public agency applicable to the services and Agreement.
Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of
being prevented from performing, give written notice to the other Party describing the
circumstances preventing continued performance and the efforts being made to resume
performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party
responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in
accordance with the termination provisions of this Agreement.
3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
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regulations in any manner affecting the performance of the Project or the Services and shall give
all notices required by law. Consultant shall be liable for all violations of such laws and regulations
in connection with the Services and this Agreement. All violations of such laws and regulations
shall be grounds for the City to terminate the Agreement for cause.
3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that
it fully complies with all requirements and restrictions of state and federal law respecting the
employment of undocumented aliens, including, but not limited to, the Immigration Reform and
Control Act of 1986, as may be amended from time to time and shall require all subconsultants
and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a
violation of any such law within the five (5) years immediately preceding the date of execution of
this Agreement and shall not violate any such law at any time during the term of the Agreement.
3.2.10.2 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.
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(C) Professional Liability (Errors & Omissions) Insurance.
Consultant shall maintain professional liability insurance that covers the Services to be performed
in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the
aggregate. Any policy inception date, continuity date, or retroactive date must be before the
effective date of this Agreement and Consultant agrees to maintain continuous coverage through
a period no less than three years after completion of the Services required by this Agreement.
(D) Workers’ Compensation Insurance. Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance
(with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents,
employees, volunteers, and representatives.
(E) Umbrella or Excess Liability Insurance. Consultant may opt
to utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury and property damage liability
coverage at least as broad as the primary coverages set forth above, including commercial
general liability and employer’s liability. Such policy or policies shall include the following terms
and conditions:
(1) A drop-down feature requiring the policy to respond if
any primary insurance that would otherwise have
applied proves to be 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.]
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
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damages to property, which may arise from or in connection with the performance of the Services
hereunder by Consultant, his/her agents, representatives, employees or subconsultants.
(C) Primary/Non-Contributing. Coverage provided by
Consultant shall be primary and any insurance or self-insurance procured or maintained by City
shall not be required to contribute with it. The limits of insurance required herein may be satisfied
by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance
shall contain or be endorsed to contain a provision that such coverage shall also apply on a
primary and non-contributory basis for the benefit of City before the City’s own insurance or self -
insurance shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of
insurance required under this Agreement does not comply with these specifications, or is
canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may terminate this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued
by an insurance company currently authorized by the Insurance Commissioner to transact
business of insurance or is on the List of Approved Surplus Line Insurers in the State of California,
with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise
approved by the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained
or procured pursuant to this agreement shall be endorsed to waive subrogation against the City,
its elected or appointed officers, agents, officials, employees, volunteers, and representatives or
shall specifically allow Consultant or others providing insurance evidence in compliance with
these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against the City, its elected or appointed officers, agents, officials,
employees, volunteers and representatives and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
(G) Enforcement of Contract Provisions (non estoppel).
Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to
inform Consultant of non-compliance with any requirement imposes no additional obligations on
the City nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to
a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher limits than the
minimums shown above, the City requires and shall be entitled to coverage for the higher limits
maintained by the Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
(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
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(except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for
each required coverage.
(J) Additional Insured Status. General liability, automobile
liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed
to provide that the City and its officers, officials, employees, agents, volunteers and
representatives shall be additional insureds with regard to liability and defense of suits or claims
arising out of the performance of the Agreement, under such policies. This provision shall also
apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of
the coverages required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
(L) Separation of Insureds. A severability of interests provision
must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately
to each insured against whom claim is made or suit is brought, except with respect to the insurer’s
limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(M) Pass Through Clause. Consultant agrees to ensure that its
subconsultants, subcontractors, and any other party involved with the Project who is brought onto
or involved in the Project by Consultant, provide the same minimum insurance coverage and
endorsements required of Consultant. Consultant agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements with
subconsultants, subcontractors, and others engaged in the Project will be submitted to City for
review.
(N) City’s Right to Revise Specifications. The City and the City’s
Risk Manager reserve the right at any time during the term of the Agreement to change the
amounts and types of insurance required by giving the Consultant ninety (90) days advance
written notice of such change. If such change results in additional cost to the Consultant, the City
and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance
requirements, the change shall go into effect immediately and require no advanced written notice.
(O) Self-Insured Retentions. Any self-insured retentions must
be declared to and approved by City. City reserves the right to require that self-insured retentions
be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to
comply with these specifications unless approved by City.
(P) Timely Notice of Claims. Consultant shall give City prompt
and timely notice of claims made or suits instituted that arise out of or result from Consultant’s
performance under this Agreement, and that involve or may involve coverage under any of the
required liability policies.
(Q) Additional Insurance. Consultant shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the Services.
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,
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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 violat ion 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 SIXTY-FIVE THOUSAND DOLLARS AND 00/100 ($65,000.00) without written
approval of the City Council or City Manager, as applicable.
3.3.2 Payment of Compensation. Consultant shall submit to City monthly
invoices which provide a detailed description of the Services and hours rendered by Consultant.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed
and approved charges. If the City disputes any of Consultant's fees, the City shall give written
notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth
therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of
provided Services or termination of this Agreement and failure by the Consultant to submit a timely
invoice may constitute a waiver of its right to final payment. Payment shall not constitute
acceptance of any Services completed by Consultant. The making of final payment shall not
constitute a waiver of any claims by the City for any reason whatsoever.
3.3.2.1 Retainer. [Reserved.]
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City or included in Exhibit "C" of this Agreement.
3.3.4 Travel Expenses. In accordance with Government Code section 53232.2(c),
the Internal Revenue Service rates for reimbursement of travel, meals, lodging, and other actual
and necessary expenses as established in Publication 463, or any successor publication, shall
be used to determine reimbursement rates for Consultant. Travel in business class, first class or
any category on any flight above the coach/economy level will not be reimbursed.
3.3.5 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which
is determined by City to be necessary for the proper completion of the Project, but which the
Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from the City.
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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 r equire every
employer to be insured against liability for Worker's Compensation or to undertake self-insurance
in accordance with the provisions of that Code and agrees to comply with such provisions before
commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
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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: SELBERT PERKINS DESIGN
432 CULVER BOULEVARD
PLAYA DEL REY, CA 90293
ATTN: ROBIN PERKINS, CO-FOUNDER / PARTNER
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: CHRIS GERRY, SENIOR PROJECT MANAGER
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentiality.
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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
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
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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 Califor nia
Public Records Act or other applicable state or federal law, or order of a court of competent
jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary
Information. Consultant shall have five (5) working days after receipt of the release notice to give
City written notice of Consultant's objection to the City's release of Proprietary Information.
Consultant shall indemnify, defend, and hold harmless the City, and its officers, directors,
employees, agents, volunteers and representatives from and against all liability, loss, cost or
expense (including attorney’s fees) arising out of a legal action brought to compel the release of
Proprietary Information. City shall not release the Proprietary Information after receipt of an
objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of
legal counsel), and hold City harmless from any legal action brought to compel such release;
and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City
release such information.
3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another and shall take any additional acts or sign any additional documents as may be necessary,
appropriate, or convenient to attain the purposes of this Agreement.
3.6.5 [Reserved]
3.6.6 Indemnification.
3.6.6.1 To the fullest extent permitted by law, Consultant shall
defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers,
employees, volunteers, agents, and representatives free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or
equity, to property or persons, including wrongful death, in any manner arising out of, pertaining
to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials,
officers, employees, subconsultants or agents in connection with the performance of the
Consultant’s Services, the Project or this Agreement, including without limitation the payment of
all expert witness fees, attorney’s fees and other related costs and expenses except such loss or
damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation
to indemnify shall survive expiration or termination of this Agreement and shall not be restricted
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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 Co de
section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be
limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of
competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not
exceed the Consultant’s proportionate percentage of fault.
3.6.7 Entire Agreement. This Agreement contains the entire agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings, or agreements.
3.6.8 Governing Law. This Agreement shall be governed by the laws of the State
of California. Venue shall be in Riverside County.
3.6.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.6.10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.6.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or
transfer this Agreement or any rights under or interest in this Agreement without the written
consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer
without such consent shall be void and without legal effect and shall constitute grounds for
termination. Consultant shall not subcontract any portion of the Services required by this
Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement.
3.6.13 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not
workdays. All references to Consultant include all personnel, employees, agents, and
subconsultants of Consultant, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, volunteers, and representatives
except as otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or
describe the scope, content, or intent of this Agreement.
3.6.14 Amendment; Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other
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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]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND SELBERT PERKINS DESIGN
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be
executed on the day and year first above written.
CITY OF PALM DESERT
By:
Chris Escobedo
Interim City Manager\
Attest:
By:
Anthony J. Mejia
City Clerk
Approved as to form:
By:
Isra Shah
Best Best & Krieger LLP
City Attorney
SELBERT PERKINS DESIGN, AN S
CORPORATION
By:
Robin Perkins
President
By:
Robin Perkins
Secretary
Clerk QC:
Contract QC:
Insurance:
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Exhibit “A”
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EXHIBIT “A”
SCOPE OF SERVICES
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Contract No. ___________
Exhibit “B”
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EXHIBIT "B"
SCHEDULE OF SERVICES
Concept Design September 2025 – October 2026
Design Development October 2025 – November 2026
Construction Documents December 2026 – February 2026
Construction Administration March 2026 – April 2026
Construction Support July 2026 – December 2026
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Exhibit “C”
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EXHIBIT "C"
COMPENSATION
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Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 11, 2025
PREPARED BY: Brad Chuck, Public Works Superintendent
Shawn Muir, Community Services Manager
SUBJECT: AUTHORIZE THE PURCHASE OF PLANTER BOXES FOR CATALINA
COMMUNITY GARDEN (PROJECT NO. CLS00002)
RECOMMENDATION:
1. Authorize the purchase of 50 concrete planter boxes from Seawright Custom Precast, Inc.,
in the amount of $241,533.75, plus a contingency of $24,000 for unforeseen circumstances.
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 Municipal Code Section 3.30.170(B).
BACKGROUND/ANALYSIS:
The Catalina Community Garden, located along the west side of San Pablo Av enue between
Royal Palm Drive and Santa Rosa Way, was originally constructed in the late 1990s. The site
currently includes 50 raised planter boxes, each measuring 4 feet by 10 feet. These boxes were
last replaced in 2017 using recycled composite materials.
Over time, the planter boxes have deteriorated significantly due to prolonged exposure to the
elements and continued use. Many of the existing boxes show signs of structural failure,
including crumbling and material separation, which present safety concerns and limit the
usability of the garden space.
Proposed Improvements:
To address these issues, staff recommends replacing the existing boxes with new precast
concrete planter boxes provided by Seawright Custom Precast, Inc., the vendor previously used
for similar work at the Guadalupe Community Garden (FY 2023-24) and the San Nicholas
Community Garden (FY 2024-25).
Concrete planter boxes have demonstrated superior durability and are better suited for high -
traffic community gardens within the City’s climate. To maintain material consistency and
aesthetic uniformity across all City-managed gardens, staff did not solicit additional quotes , in
accordance with Municipal Code Section 3.30.160 (I) which permits procurement in the Best
Interest of the City without competitive bidding in order to ensure compatibility or consistency of
a product with other city products and equipment to minimize future maintenance costs.
Delivery of the new planter boxes is expected by Ma y 1, 2026, and the scope of work will be
limited to the Catalina Community Garden to avoid disruption of other facilities.
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City of Palm Desert
Authorize the Purchase of Planter Boxes Catalina Community Garden
Page 2 of 2
The following table provides a summary of prior years' costs alongside the proposed cost for
(Fiscal Year 2025/26):
Historical Cost Comparison – Concrete Planter Box Purchases
All planter purchases were made from the same vendor: Seawright Custom Precast, Inc.
Community
Garden
Fiscal Year Planter Dimensions Quantity
Purchased
Unit Cost Freight
Cost
City Tax
Rate
Total Cost
Guadalupe FY 2023/24 48"W x 30"H x 120"L 27 Boxes $3,857.00 $1,800.00 7.75% $114,149.27
San Nicholas FY 2024/25 48"W x 30"H x 120"L 42 Boxes $3,898.72 $3,395.00 7.75% $180,094.69
Catalina
(Proposed)
FY 2025/26 48"W x 30"H x 120"L 50 Boxes $4,352.00 $4,500.00 8.75% $241,533.75
The proposed unit cost of $4,352 for FY 2025-26 reflects an 11.63% ($495) increase over the
previous year. This increase is based on updated pricing from the vendor due to current market
conditions and rising material costs.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
Funding for the purchase of the garden boxes was included in the approved FY 2025-26
Financial Plan and Capital Improvement Program (CIP) List as a carryover; therefore, there is
no additional financial impact to the General Fund as a result of this action.
The following table reflects the project related budget and expenses:
Account No. Budget w/ Carryover Projected Expense Balance
4004618-4400100 $300,000
*Concrete Boxes - Seawright $241,533.75
*Contingency $24,000.00
Crane - Installation $12,500.00
Box Irrigation / Materials $21,500.00
Totals $300,000 $299,533.75 $466.25
*Current request
ATTACHMENTS:
1. City Goods and Equipment Purchase Agreement
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CITY OF PALM DESERT
GOODS AND EQUIPMENT PURCHASE AGREEMENT
REPLACMENT PLANTER BOXES
This Goods and Equipment Purchase Agreement (“Agreement”) is made and entered into
this 11th day of September, 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 Seawright
Custom Precast, Inc., a Corporation, with its principal place of business at 85-610 Grapefruit
Boulevard, Coachella, CA 92236-1650 ("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 (i), which authorizes the procurement of supplies or
products in the best interest of the City to ensure compatibility with other city product and
equipment without competitive bidding.
1. Program. The purchase has been made through a Request for Quote, 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,
unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or
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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 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
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
applicable law, including without limitation, all of the rights and remedies afforded to the City under
the California Commercial Code.
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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:
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;
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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.
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
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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
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
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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
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
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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,
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
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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.
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.
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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: Seawright Custom Precast, Inc.
85-610 Grapefruit Blvd
Coachella, CA 92236-1650
ATTN: Rex Seawright
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.
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.
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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]
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SIGNATURE PAGE TO GOODS AND EQUIPMENT PURCHASE AGREEMENT
BETWEEN THE CITY OF PALM DESERT
AND SEAWRIGHT CUSTOM PRECAST, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date
first above written.
CITY OF PALM DESERT
_____________________________
SEAWRIGHT CUSTOM PRECAST, INC., A
CORPORATION
City Clerk QC: _____
Contracts QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
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Contract No. ___________
Exhibit “A”
Exhibit A
Goods Specifications
610
Contract No. ___________
Exhibit “B”
Exhibit B
Delivery Schedule
Estimated Delivery: May 1, 2026
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Exhibit “C”
Exhibit C
Fee Schedule
Item Description Quantity Total Cost
48” W x 30” H x 120” L Concrete Planter
Boxes (Standard Grey/Tan, Low Void)
50 Boxes $217,600.00
Freight/Delivery to Catalina Community
Garden
6 Trips $4,500.00
Sales Tax (8.75%) --- $19,433.75
Total Estimated Cost --- $241,533.75
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Page 1 of 2
Y CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 11, 2025
PREPARED BY: Isra Shah, City Attorney
SUBJECT: CITY MANAGER EMPLOYMENT AGREEMENT
RECOMMENDATION:
Approve the City Manager Employment Agreement with Christopher Escobedo, effective
September 11, 2025, and authorize the Mayor to execute the agreement.
BACKGROUND/ANALYSIS:
On April 10, 2025, the City Council approved a short-term agreement that covered the terms
and conditions of employment during Mr. Escobedo’s service as Interim City Manager. Following
the recent completion of Mr. Escobedo’s performance evaluation, the City Council appointed Mr.
Escobedo as the permanent City Manager and directed staff to prepare a new employment
agreement between the parties.
As part of the City Council’s approval of the employment agreement, Senate Bill (SB) 1436
requires local agencies to report out certain information before changing the compensation or
benefits of their “executives”. Under this law, legislative bodies for agencies must orally report a
summary of a recommendation for changes in salaries or benefits before voting for the changes.
The votes must be taken in the open session portion of the meeting.
The proposed City Manager contract contains the following information:
Annual Compensation: Increase current salary of $270,000 to $285,000, subject to an
annual cost of living increase.
Auto Allowance: Establish an allowance of $600 per month, consistent with the City’s
contract with the previous City Manager.
Severance: Under specified circumstances, provide 9 months’ severance pay if the
contract is terminated during the first three years of the agreement. The severance is
reduced to 6 months’ pay if terminated thereafter. Similar to the above, this provision is
consistent with the City’s arrangement with the previous City Manager.
Vacation: Accrual of 8 hours per pay period, with accrual increases as other executive
employees.
Health benefits, deferred compensation, accrual rates, and other benefits are the same
as those of other executive employees.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
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City of Palm Desert
Approval City Manager Employment Contract
Page 2 of 2
FINANCIAL IMPACT:
The City Manager position is a regularly budgeted position within the FY 2025-26 Annual
Finance Plan; therefore, this action does not result in any additional impact to the General Fund.
ATTACHMENTS:
1. City Manager Employment Contract
614
CITY OF PALM DESERT
CITY MANAGER EMPLOYMENT AGREEMENT
This City Manager Employment Agreement (“Agreement”) is entered into as of the
11th day of September, 2025 (the “Effective Date”), between the City of Palm Desert
(hereinafter referred to as the “City”) and Christopher Escobedo (hereinafter referred to as
the “City Manager” or the “Employee”). City and City Manager/Employee are sometimes
referred to in this Agreement as “Party” and collectively as “Parties.”
RECITALS
WHEREAS, it is the desire of the City Council of the City to retain the services of
Employee as City Manager pursuant to the provisions of the City of Palm Desert Municipal
Code (“City Code”), and
WHEREAS, it is the desire of the City Council to provide certain benefits, establish
certain conditions of employment and to set certain working conditions of the City Manager.
NOW, THEREFORE, the above named Parties hereby mutually agree and promise
as follows:
1. Duties, Acceptance of Appointment, Hours of Work, Regional Liaison.
1.1 Duties.
The City Manager shall perform those duties and have those responsibilities
that are commonly assigned to a city manager of a city in California, and as may be further
set forth in the City’s Municipal Code. City Manager shall perform such other legally
permissible and proper duties and functions consistent with the Office of the City Manager,
as the City Council shall from time to time assign. It is expected that City Manager shall
abide by the ICMA Code of Ethics. City Manager is encouraged to participate in com munity
and civic affairs.
1.2 Acceptance of Appointment.
City Manager hereby accepts the appointment as City Manager of the City of
Palm Desert subject to all terms and conditions set forth in this Agreement.
1.3 Hours of Work.
It is recognized that City Manager devotes a great deal of time outside the
normal office hours-schedule, and to that end, he shall be allowed to establish an
appropriate work schedule recognizing that the City Manager should endeavor to be
available during regular City Hall hours. It is also recognized by the Parties that City
Manager is required to devote the amount of time and energy necessary to carry out those
duties with the highest amount of professionalism possible. That being the case, the
Parties recognizes that City Manager may choose to take personal time off for a portion of
regular business hours when it is appropriate and when City Manager’s duties allow. This
personal time off should not be considered a replacement for vacation time which should be
used as appropriate. This time is also not to be considered as compensatory time for time
spent by City Manager in carrying out the City ’Manager duties outside normal office hours,
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as the parties agree that City Manager must devote the amount of time necessary to fulfill
those duties. The Council will consider City Manager’s use of personal time-off during the
performance evaluation.
1.4 Devotion to City Business.
The City Manager’s position is full-time. City Manager shall not engage in
any business, educational, professional, charitable, or other activities that would conflict or
materially interfere with performance of his City Manager duties, except as may be
specifically authorized by the City Council.
2. Term & Renewal.
This Agreement shall be deemed effective beginning on September 11, 2025 and
continuing indefinitely, except that services of the City Manager may be terminated as set
forth in Section 10.
3. Compensation.
3.1 Salary.
City agrees to pay City Manager, and City Manager agrees to accept from
City, as compensation for services rendered by City Manager pursuant to this Agreement,
an annual base salary, commencing on September 11, 2025, in the amount of Two
Hundred Eighty-Five Thousand Dollars ($285,000.00) (hereinafter “Annual Base Salary”),
subject to any and all legally necessary taxes and holdings, and payable in installment
payments in the same manner and at the same times as salaries of other executive
managers of the City are paid.
Commencing one year from the Effective Date, and each year thereafter, said
Annual Base Salary shall be eligible for adjustments subject to the same procedures by
which the salaries of other executive managers of City are adjusted for meritorious
performance, except that any such adjustments shall be at the sole discretion of the City
Council.
The term “Annual Base Salary” as used in this Agreement shall also include
any cost of living adjustments approved by the City Council for other management
employees provided that such cost of living adjustment does not exceed the California
Consumer Price Index for All Urban Consumers as calculated by the Department of
Industrial Relations (“CPI”) pursuant to Government Code 3511.2, on a July to July annual
basis. Any cost of living adjustment exceeding CPI may be approved by a vote of the City
Council.
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3.2 Health and Medical Benefits.
Except as provided for otherwise in this Agreement, City Manager shall be
entitled to receive all benefits, including opt-out provisions, provided to other City executive
management employees, as outlined the City’s Flexible Benefit Plan.
3.3 Pension.
The City agrees to continue the City Manager’s enrollment as a member of
the California Public Employees Retirement System (CalPERS) at the 2% at 55 formula in
accordance with CalPERS regulations, which includes a requirement for an “employee
share” contribution. The City will also provide City Manager with a 457 retirement plan and
the City shall make contributions to the plan at the same rate as other executive employees.
3.4 Retiree Medical.
The City Manager shall participate in the established Retiree Health Savings
Plan (RHSP) for the reimbursement of medical premiums and IRS approved medical
expenses in retirement, at the same level and under the same regulations as other
management employees hired after December 31, 2014.
3.5 Life and Long Term Disability Insurance.
City Manager shall also be entitled to participate in any group life or disability
insurance programs approved by the City for all employees; however such coverage shall
be limited to the first $200,000.00 of salary.
3.6 Other Benefits.
In addition, and except as otherwise specified herein, City Manager shall
receive all such other benefits and compensation that are generally applicable to executive
employees of the City hired on the date of this Agreement, as the same may be modified
from time to time after the date of this Agreement, including but not limited to CalPERS
retirement benefits, long term disability insurance, holidays, bereavement and family illness
leave.
3.7 Sick Leave Benefits
Upon commencement of employment, City Manager will maintain his current
sick leave balance. Additionally, the City Manager shall accrue ninety-six (96) hours which
amounts to twelve (12) days of paid sick leave annually and use of such leave shall be in
accordance with City policy. City Manager’s sick accrual and m aximums shall follow the
City’s guidelines.
3.8 Vacation Leave Benefits
Upon commencement of employment, City Manager will maintain his current
vacation balance. Additionally, City Manager shall accrue two hundred eight (208) hours of
vacation each year, accrued at the rate of eight (8) hours per pay period. City Manger’s
vacation accrual methods and requirements are set forth in City policy, and the City
Manager shall be entitled to accrue vacation consistent with the common practice for
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Contract No. _________
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executive employees. Employee’s vacation accrual and maximums will follow the City’s
guidelines.
3.9 IRS 401a
The City will offer an IRS 401a Defined Contribution plan, allowing up to 10%
salary deferral with up to 2% matching contribution by City.
4. Performance Evaluation.
The City Manager shall submit quarterly progress reports regarding the execution of
Council priorities and goals. Council shall review the City Manager’s job performance at
least once annually. The City Manager shall remind the Council of its obligations under this
Section each year and shall work with the Council in finding an appropriate time to place his
annual evaluation on the agenda. The Council shall in writing and in accordance with
criteria established by the Council in consultation with the City Manager, develop the annual
performance reviews and evaluations. The Council shall provide the City Manager a
reasonable and adequate opportunity to discuss the City Manager's evaluation with the
Council.
The annual performance reviews and evaluations shall be reasonably related to the
City Manager's written job description and shall be based, in whole or in part, on goals for
the City Manager's performance that are jointly developed and adopted by the Council and
the City Manager.
5. Bonds.
City shall bear the full cost of any fidelity or other bonds required of City Manager
under any law or ordinance.
6. Auto Allowance.
City Manager shall be entitled to an automobile allowance for a personal vehicle
required for City business. The automobile allowance shall be $600 per month. City
Manager shall be responsible for the costs of operation, repair, maintenance, and liability,
property damage and comprehensive insurance for such personal vehicle.
7. General Business Expenses.
7.1 City agrees to budget and pay for professional dues and subscriptions for City
Manager necessary for his continuation and participation in national, regional, state and
local boards, task-forces, conferences and meetings, associations and organ izations
desirable for City Manager’s continued participation, professional growth, and
advancement, and for the benefit of the City. At a minimum, such professional dues shall
include participation in the International City/County Management Association (ICMA) and
the California City Managers Foundation.
7.2 City agrees to budget and pay for travel expenses, in accordance with
existing policy, of City Manager for professional and official travel, board and task -force
meetings, conferences, and occasions to adequately continue the professional development
of City Manager and to pursue necessary official functions for City.
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7.3 City recognizes that the City Manager may incur expenses of a non-personal,
job-related nature that are reasonably necessary to the City Manager’s service to the City.
The City agrees to either pay such expenses in advance or to reimburse the expenses, so
long as the expenses are incurred and submitted in accordance with the City’s normal
expenditure reimbursement procedures. To be eligible for reimbursement, all expenses
must be supported by documentation meeting the City’s normal requirements and must be
submitted within time limits established by the City.
7.4 Notwithstanding the above, to the degree the City must make budget
reductions, appropriate reductions in General Business Expenses commensurate with
reductions in other citywide accounts may be made at the sole discretion of the City
Council.
8. Abuse of Office or Position.
Pursuant to Government Code Sections 53243, 53243.1 and 53243.2, if City
Manager is convicted of a crime involving an abuse of his office or position, all of the
following shall apply: (1) if Manager is provided with administrative leave pay pending an
investigation, City Manager shall be required to fully reimburse City such amounts paid; (2)
if City pays for the criminal legal defense of City Manager (which would be in its sole
discretion, as it is generally not obligated to pay for a criminal defense), City Manager shall
be required to fully reimburse City such amounts paid; and (3) if this Agreement is
terminated, any Severance Pay and Severance Benefits related to the termination that City
Manager may receive from City shall be fully reimbursed to City or void if not yet paid to City
Manager. For purposes of this Section, abuse of office or position means either: (1) an
abuse of public authority, including waste, fraud, and violation of the law under color of
authority; or (2) a crime against public justice, including, but not limited to, a crime described
in Title 7 (commencing with Section 92) of Part 1 of the Penal Code.
9. Notices.
Any notice required or permitted by this Agreement shall be in writing and shall be
personally served upon the other Party, or sent by United States Postal Service, postage
prepaid and addressed to the appropriate Party as follows:
If to City: Attn: Mayor
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
If to City Manager: Christopher Escobedo
City Manager
73510 Fred Waring Drive
Palm Desert, CA 92260
Notice shall be deemed given as of the date of personal service or upon the
date of deposit in the course of transmission with the United States Postal Service.
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10. Termination.
10.1 At-Will Employee.
City Manager shall serve at the will and pleasure of the City Council. Nothing
in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council
to suspend from duty, remove from office or otherwise terminate the services of City
Manager at any time, at the sole discretion of the City Council. This Agreement may be
terminated as follows.
10.2 Termination - Council Vote.
The City Council may remove the City Manager Without Cause by motion
adopted by the affirmative votes of a majority of the members of the City Council.
Notwithstanding such authority, the City Manager may not be removed within ninety (90)
days before or after the date of a municipal election, or recall of one or more of the
members of the City Council.
10.3 Termination - Change in Form of Government.
If any of the governing policies pertaining to the role, power, duties, authority,
or responsibilities of City Manager are amended to substantially change City’s form of
government, either by action of the City Council, a duly passed initiative measure or state
legislation, City Manager shall have the right to terminate the Agreement and receive
Severance Pay under Section 10.9.
10.4 Reduction of Salary or Benefits.
The City Council may reduce the Annual Base Salary or any other financial
benefit of the City Manager, as provided by this Agreement or in the Municipal Code in a
manner equivalent to reductions of all management employees.
10.5 Resignation.
City Manager may voluntarily resign his position as City Manager, after giving
City at least thirty (30) days written notice prior to the effective date of such resignation,
unless such notice is waived in whole or part by the City Council. In the event the City
Manager resigns from his employment with City, the City Manager shall not be entitled to
any Severance Pay.
10.6 Death.
If, during the term or any extended term, the City Manager dies, the
employment and this Agreement is terminated. The City Manager’s estate shall receive any
accrued and owed salary and benefits, but shall not be entitled to any additional
compensation or payment, including but not limited to Severance Pay.
10.7 Disability.
In the event the City Manager is permanently disabled or is otherwise unable
to perform his duties because of sickness, accident, injury, or mental incapacity for a period
of six (6) consecutive months, the City may terminate the City Manager’s employment and
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this Agreement. City Manager shall be entitled to Disability benefits as provided by
CalPERS and the terms of any Long Term Disability insurance plan, but not any additional
compensation or payment, including Severance Pay.
10.8 Cause.
The City Council may remove the City Manager for Cause without any need
for Severance Pay by motion adopted by the affirmative votes of a majority of the City
Council. Cause for purposes of this Agreement shall only mean the following:
(a) Acts in bad faith or gross misconduct to the detriment of the City or to
the City Manager’s reputation;
(b) Refusal or failure to act in accordance with any legal requirement or
specific direction or order of the City Council;
(c) Unsatisfactory performance (as documented through the evaluation
process described in section 4), misconduct, dishonesty, habitual neglect, or
incompetence;
(d) Involvement in crime involving dishonesty, breach of trust, or public
conduct reflecting negatively on the City (no pending criminal prosecution need be in
effect for termination due to fraud, embezzlement or public conduct reflecting on the
City; rather the Council must only have a good faith belief based on a good faith
investigation);
(e) Violation of any City Council adopted policies; or
(f) Breach of any material term of this Agreement, after thirty days’ notice
and opportunity to cure.
Upon any allegation that the City Manager has engaged in conduct that would result in his
termination “for cause” as defined above, he is entitled to address and attempt to rebut
those allegations before the Council in an open or closed session, at City Manager’s option,
prior to the Council making any final determination regarding the veracity of those
allegations. In the event the Council, in its discretion, still finds merit to the allegations and
terminates, the Employee shall not be entitled to any severance and will be owed no further
compensation.
10.9 Severance Pay.
In the event this Agreement is terminated pursuant to section 10.2 or 10.3 of
this Agreement, the City Manager shall receive a severance payment as follows:
(a) During the first three years of Agreement: in a lump sum, equal to
nine (9) months of City Manager’s then monthly Base Salary.
(b) During the fourth and all subsequent years of Agreement: in a lump
sum, equal to six (6) months of City Manager’s then monthly Base Salary.
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Such severance payment shall be his sole remedy for termination under sections 10.2 or
10.3 of this Agreement. The Severance Pay shall be paid after the City Manager executes
a waiver and release agreement prepared by the City Attorney in a form substantially similar
to that one set forth as Exhibit “A” to this Agreement.
Notwithstanding the foregoing, if the City Manager is terminated for Cause,
pursuant to Section 10.8 of this Agreement, then City Manager shall not be eligible for
Severance Pay.
11. General Provisions.
11.1 This writing constitutes the entire agreement between the parties with respect
to the subject matter hereof, and supersedes all pri or oral or written representations or
written agreements on the subject matter hereof, which may have been entered into
between the parties. No modification or revision to this Agreement shall be of any force or
effect, unless the same is in writing and executed by the Parties hereto.
11.2 Each Party agrees and acknowledges that no representations, inducements,
promises, or agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any Party, which are not embodied herein and that any agreement,
statement, or promise not contained in this Agreement shall not be valid or binding on either
Party.
11.3 If any provision, or portion thereof, contained in the Agreement is held
unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion
thereof, shall be deemed severable, shall not be affected and shall remain in full force and
effect.
11.4 This Agreement shall be governed by and construed in accordance with the
law of the State of California. Venue shall be in Riverside County.
11.5 This Agreement shall be construed as a whole, according to its fair meaning,
and not in favor or against any Party. By way of example and not in limitation, this
Agreement shall not be construed in favor of the party receiving a benefit or against the
Party responsible for any particular language in this Agreement.
11.6 City Manager acknowledges that he has had an opportunity to consult legal
counsel in regard to this Agreement, that he has read and understands this Agreement, that
he is fully aware of its legal effect, and that he has entered into it freely and voluntarily and
based on his own judgment and not on any representations or promises other than those
contained in this Agreement.
11.7 In any dispute arising out of this Agreement, the prevailing party shall recover
its reasonable attorneys’ fees and costs.
12. Other Terms and Conditions of Employment.
The City, only upon agreement with City Manager, shall fix any such other terms and
conditions of employment, as it may determine from time to time, relating to the
performance of the City Manager, provided such terms and conditions are not inconsistent
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with or in conflict with the provisions of this Agreement, the City Code, or any ot her law,
ordinance or City Resolution.
Except as otherwise provided in this Agreement, City Manager shall be entitled to
the highest level of benefits that would be enjoyed by other executive department heads of
the City with the same hire date as provided in the Municipal Code, Personnel Rules and
regulations, or by practice.
13. Indemnification.
13.1 City shall defend, hold harmless and indemnify City Manager against any tort,
professional liability claim or demand or other legal action, whether groundless or otherwise,
arising out of any alleged act or omission occurring in the performance of City Manager’s
duties or resulting from the exercise of his judgment or discretion in connection with the
performance of his duties, unless the act or omission involved unlawful conduct. City shall
not unreasonably refuse to provide for legal representation at City’s expense. Legal
representation, provided by City for City Manager, shall extend until a final determination of
the legal action including any and all losses, damages, judgment, interests, settlements,
fines, court costs, and the reasonable costs and expenses of legal proceedings, including
appeals, and including attorneys’ fees, and expert witness fees and all other trial and
appellate costs, and other liabilities incurred, imposed upon, or suffered by such City
Manager in connection with or resulting from any claim, action, suit, or proceeding, actual or
threatened, arising out of or in connection with the performance of City Manager’s duties.
13.2 City agrees to pay all reasonable litigation expenses of City Manager
throughout pendency of any City-related litigation to which City Manager is a party, witness
or advisor to the City. Such expense payments shall continue beyond City Manager’s
employment with the City as long as litigation is pending. Post -employment, City agrees to
pay City Manager for reasonable consulting fees, travel expenses and other costs, when
City Manager serves as a witness, advisor or consultant to City regarding pending litigation.
[Signatures on following page]
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IN WITNESS WHEREOF, the parties have executed this City Manager Employment
Agreement on the 11th day of September, 2025.
CITY OF PALM DESERT
EMPLOYEE/CITY MANAGER
ATTEST
APPROVED AS TO FORM
Clerk QC: ______
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Exhibit “A”
GENERAL WAIVERS AND RELEASES
I, the undersigned, do hereby acknowledge and attest that I have read and
understood Section 10.9 of my Employment Agreement with the City of Palm Desert and
hereby agree that by accepting Severance Pay pursuant to the terms of my Employment
Agreement, I agree to waive all rights to further claims, remedies, or legal action against the
City, its officers and employees.
In exchange for receipt of the Severance Pay, and all other salary and benefits
owing, I and my representatives, heirs, successors, and assigns do hereby completely
release and forever discharge the City of Palm Desert and its related entities and their
present and former officers, directors, council members, agents, employees, attorneys, and
successors (collectively, “Released Parties”) from all claims, rights, demands, actions,
obligations, liabilities, and causes of action of every kind and character, known or unknown,
mature or unmatured, which I may have now or in the future arising from any act or
omission or condition occurring on or prior to the date this General Waivers and Releases is
signed whether based on tort, contract (express or implied), or any federal, state, or local
law, statute, or regulation (collectively, the “Released Claims”). Released Claims shall also
include, but not be limited to, claims for wages or other compensation due, severance pay,
bonuses, sick leave, vacation pay, life or health insurance, or any other fringe benefit.
City Manager knowingly and voluntarily waives any and all rights or benefits that he
may now have, or in the future may have, under the terms of Section 1542 of the California
Civil Code, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
City Manager acknowledges that he has read and understands this
waiver and voluntarily and knowingly is waiving his right under Section
1542 to pursue unknown or unanticipated claims, rights, demands,
actions, obligations, liabilities, and causes of action of any kind.
Unless otherwise required by law, City Manager shall not file any claim, sue or
initiate an action against any Released Party or participate in any compliance review,
action, or proceeding, individually or as a member of a class, under any contract (express or
implied), or any federal, state, or local law, statute, or regulation pertaining in any manner to
the Released Claims.
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Contract No. _________
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Approved and Agreed to By:
NAME
CITY OF PALM DESERT
Mayor
ATTEST:
City Clerk
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 11, 2025
PREPARED BY: Erica Powell, Management Analyst
Thomas Soule, Public Affairs Manager
SUBJECT: 2026 CALIFORNIA DESERT PLEIN AIR FESTIVAL SPONSORSHIP
REQUEST
RECOMMENDATION:
Approve sponsorship for the 2026 California Desert Plein Air Festival .
BACKGROUND/ANALYSIS:
Palm Springs Life and the Desert Plein Air Association (DPAA) have requested continued
sponsorship for the 2026 California Desert Plein Air Festival. The inaugural 2025 festival—
rebranded under the ‘California Desert’ identity—established Palm Desert as the hub of plein-
air activity in the Coachella Valley.
On August 28, 2025, the City Council held a Study Session during which Palm Springs Life
presented a post-event recap of the 2025 California Desert Plein Air Festival. The presentation
reviewed outcomes related to attendance, promotional value, regional positioning, and
reinforced the event’s contribution to the City’s arts and tourism goals.
Headquartered at the Artists Center, located at 72-567 Hwy 111, Palm Desert, the 2025 festival
spanned three weeks from January 8 through February 2, 2025, and included four days of paint-
outs at scenic locations, artist workshops, lectures, exhibitions, and artwork sales. The event
featured over 40 professional plein air painters from across the country, with a $15,000 Best in
Show prize.
The festival established a solid foundation in both attendance and promotional reach:
Attendance: Over 3,000 people participated in festival programming, including strong
turnout for public events held in Palm Desert.
Artist Participation: The event attracted nationally recognized plein -air painters, many of
whom have expressed interest in returning.
Marketing Reach:
o Editorial Impressions: 241,765 (valued at $32,068)
o Media Impressions: 1,066,520 (valued at $71,604)
o Total Advertising Value: $103,672
The 2025 festival demonstrated measurable benefits in tourism, economic activity, and cultural
branding during a peak visitor season.
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At its meeting on June 11, 2025, the Cultural Arts Committee voted 5-0 to recommend approval
of continued sponsorship for the 2026 California Desert Plein Air Festival.
Staff supports renewing the sponsorship to build on the festival’s momentum and to strengthen
Palm Desert’s reputation as a premier destination for arts and cultural programming.
FINANCIAL IMPACT:
The total proposed sponsorship for FY 2025-26 is $25,000, the same level as in FY 2024-25.
Funding would be split evenly between the Public Art Fund (Account No. 4364650 -4309200)
and the City’s Marketing Fund (Account No. 1104417 -4322201) and has been included as part
of the approved FY 2025-26 Annual Budget.
ATTACHMENTS:
1. June 11, 2025, Cultural Arts Committee Staff Report
a. 2026 California Desert Plein Air Festival Proposal
b. 2025 CA Desert Plein Air Festival Summary
c. FY 2024-25 Plein Air Budget
2. Approved minutes from June 11, 2025, Cultural Arts Committee meeting
3. 2025 California Desert Plein Air Festival Summary Report
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CULTURAL ARTS COMMITTEE
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: June 11, 2025
PREPARED BY: Erica Powell, Management Analyst
SUBJECT: CONSIDERATION OF 2026 CALIFORNIA DESERT PLEIN AIR FESTIVAL
SPONSORSHIP
RECOMMENDATION:
Recommend City Council approve sponsorship for the 2026 California Desert Plein Air Festival .
BACKGROUND/ANALYSIS:
The City of Palm Desert received a sponsorship request from Palm Springs Life and the Desert
Plein Air Association (DPAA) for the 2026 California Desert Plein Air Festival. The 2025 event,
held over three weeks in January, featured four days of paint-outs at scenic locations throughout
the Coachella Valley and surrounding desert are as, including multiple locations in Palm Desert.
The festival was headquartered at the Artists Center in Palm Desert and included artist
workshops, public talks, an exhibition and awards ceremony, and artwork sales. The event
attracted top plein-air painters from across the United States with $15,000 awarded for Best in
Show.
The 2025 festival was the first under the new branding as the California Desert Plein Air Festival
and successfully positioned itself as a destination art event for the region. Palm D esert served
as the core hub for event activity.
The festival exceeded expectations in both attendance and promotional reach:
Attendance:
o Over 3,000 attendees
Media Coverage:
o Editorial Impressions/Readers: 241,765, valued at $32,068
o Media Impressions/Readers: 1,066,520, valued at $71,604
o Total Advertising Impressions (Print, Digital, and Social): 1,308,285, with a total
value of $103,672
The 2025 festival demonstrated strong public engagement and economic impact, justifying
continued investment in its growth. Staff supports renewing the sponsorship to build on the
festival’s momentum and to strengthen Palm Desert’s reputation as a premier destination for
arts and cultural programming.
FINANCIAL IMPACT:
Palm Springs Life is requesting continued sponsorsh ip in the amount of $25,000 for the 2026
California Desert Plein Air Festival, which is the same amount that was awarded for the 2025
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Cultural Arts Committee
City of Palm Desert
(2026 CA Desert Plein Air Festival)
Page 2 of 2
event. Staff recommends approval of this sponsorship, with $12,500 allocated from the Public
Art budget and $12,500 from the City’s Marketing budget. The sponsorship will continue to
provide Palm Desert with significant marketing value, enhanced public programming, and
community engagement opportunities.
ATTACHMENTS:
1. 2026 California Desert Plein Air Festival Proposal
2. 2025 CA Desert Plein Air Festival Summary
3. 2025 Plein Air Budget
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Revenue Description of Services/Comments
Sponsorships Cash
City of Palm Desert 25,000
El Paseo Business Improvement District 5,000
Total 30,000
Ticket Sales $
Entry Fees Cat 1 765
Entry Fees Cat 3 2,950
Art Sold 4,820
Workshop Oil 783
Workshop Watercolor 967
Total Revenue 40,285
Expenses
General Expenses
Palm Springs Life Sponsorship Fees 20%6,000
Plein Air Magazine 2,195
Judging Fees 407
Program Expenses
Projector Rental 450
Projector Screen Purchase 76
Chair Rental 70
Guest Accommodations
Best Western 4,573
Awards Reception Expenses
Pacific Coast Palate Fee 3,000
Supplies 202 Plates, napkins, cups
Wine 224
Prize Money 15,000
Misc Expenses
Awards Ribbons 180
MailChimp 33
Insurance 100
Permit 135
Printing
Lanyards 32
Printing staff/artirsts 66
Waivers 12
Poster Boards 402
Rack Cards 286
Promotional
Website, campaign development, and media 25,000 Value
Workshop - Oil Expense
Hotel 350
Workshop - Watercolor Expense
Hotel 526
Total Expenses 59,320
Net Income (Loss)-19,035
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Cultural Arts Committee Minutes
June 11, 2025
2
5. BUSINESS ITEMS
5.a CONSIDERATION OF 2026 CALIFORNIA DESERT PLEIN AIR FESTIVAL
SPONSORSHIP
Management Analyst Powell, Paulina Larson, of Palm Springs Life Magazine,
and Diane Moore, of Desert Plein Air Association, provided a staff report and
responded to member inquiries.
Brian Boyce, of Skidmore Contemporary Art, spoke in support of the festival.
Lia Skidmore, of Skidmore Contemporary Art, spoke in support of the festival.
Motion by: Committee Member Mitze
Seconded by: Committee Member Boren
Recommend City Council approve sponsorship for the 2026 California Desert
Plein Air Festival.
Motion Carried (5 to 0)
5.b CONSIDER DEACCESSION OF TWO EL PASEO ENTRY SIGNS BY WATER
STUDIO
Management Analyst Powell provided a staff report and responded to member
inquiries.
Motion by: Committee Member Flint
Seconded by: Committee Member Mitze
Recommend the City Council approve deaccession of two El Paseo entry signs
by Water Studio.
Motion Carried (5 to 0)
5.c CONSIDERATION OF SCULPTURE PURCHASE FROM 2025 DESERT X
EXHIBITION
Management Analyst Powell provided a staff report and responded to member
inquiries.
Motion by: Committee Member Flint
Seconded by: Committee Member Boren
Do not proceed with the purchase of an exhibit from Desert X 2025.
Motion Carried (5 to 0)
Docusign Envelope ID: 690A3E46-09E9-4DD2-9690-CDE634947326
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 11, 2025
PREPARED BY: Vanessa Mager, Management Analyst
SUBJECT: AWARD OF CONTRACT FOR EL PASEO COURTESY CART PROGRAM
RECOMMENDATION:
1. Award a contract to ACE Parking III, LLC, in an amount not to exceed $295,979 for the
operation of the El Paseo Courtesy Cart Program during Fiscal Year 2025 -26, with options
for two one-year extensions.
2. Authorize the City Attorney to make non-monetary changes to the contract.
3. Authorize the City Manager to continue negotiations with the vendor to finalize the contract ,
transfer necessary budget amounts, and to execute the agreement and any related
amendments.
BACKGROUND/ANALYSIS:
Since 2004, the El Paseo Courtesy Cart Program has provided a free transportation service to
visitors and businesses along the El Paseo shopping district, with service typically running from
October through May. The most recent contract with Circuit Transit, Inc. expired in May 2025.
At the April 10, 2025, Study Session, the City Council supported extending operating hours on
Fridays and Saturdays until 9 p.m., and until 7 p.m. Sunday through Thursday. The extension
of operations was anticipated to possibly increase funding needs but was not considered in the
FY 2025-26 budget request from staff.
To ensure selection by October 2025 and avoid service disruption, staff issued a Request for
Proposals (RFP) through our online procurement portal OpenGov on July 18, 2025 (2025-RFP-
187). Two proposals were received:
Company Name Regular Time
Cost/Hour
Overtime
Cost/Hour
Total Cost of
Contract
The evaluation committee reviewed, scored and ranked proposals based on content of work
plan, experience and performance, and cost. ACE Parking III, LLC (ACE) was determined to be
the most responsive vendor due to its:
Experience with luxury clientele, including Hotel Paseo, The Thompson Hotel in Palm
Springs, and the Ritz-Carlton Rancho Mirage;
Local staffing of more than 60 hospitality professionals;
Demonstrated ability to deliver concierge-style service;
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City of Palm Desert
Award of contract for El Paseo Courtesy Cart Program
Page 2 of 3
Dedicated on-site management team.
Although ACE submitted the lowest base-cost proposal ($265,784), the initial submission
included golf carts that did not meet the City's current service standards. Staff requested a
revised proposal that includes two 6-passenger GEM vehicles with doors, enhancing safety,
aesthetics, branding, and meets current standards. These are the same vehicles that Circuit
Transit, Inc. used through the duration of the previous contract.
SERVICE OPTIONS CONSIDERED
Option 1 – Rented Golf Carts ($265,784):
o Two rented 8-passenger golf carts
o One rented ADA-compliant cart
Option 2 – GEM Vehicle Purchase ($295,979):
Two new 6-passenger GEM vehicles with doors purchased by ACE Parking;
ownership transfers to City after Year 1.
o Two new 6-passenger GEM vehicles with doors purchased by ACE Parking;
ownership transfers to City after Year 1.
o One rented ADA-compliant GEM vehicle
Option 2 includes a higher Year 1 cost due to vehicle purchase, but the GEM carts will become
City assets, which may be repurposed for special events (e.g., Golf Cart Parade, Independence
Day, Concerts in the Park). In Years 2 and 3, contract costs will reduce to the base amount,
subject to an estimated 2–3% annual CPI adjustment. The City will lease the GEM vehicles to
ACE in Years 2 and 3 of the contract. In the future, if another vendor is selected through a
competitive procurement process, the City can lease the GEM vehicles to that vendor. ACE will
remain responsible for all vehicle operations, maintenance, and repai rs throughout the entire
contract performance period.
Staff recommends Option 2 for the following reasons:
1. Enhances visitor experience through improved aesthetics and safety;
2. Establishes long-term City assets (Estimated service life of four to eight years);
3. Provides branding opportunities;
4. Allows for vehicle reuse post-program;
5. Vendor has committed to temporary golf cart rentals to ensure service is not delayed
during vehicle delivery.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
The Fiscal Year 2025-26 Approved Financial Plan includes budget in the amount of $275,000 in
Account No. 1104416-4368100 (Courtesy Carts). Should the City Council select Option 1, the
cost can be accommodated within the existing budget. If Option 2 is approved, a one-time budget
transfer will be necessary in the amount of $20,979 from Account No. 1104430 -4309000
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Award of contract for El Paseo Courtesy Cart Program
Page 3 of 3
(Economic Development – Professional Other). Future year allocations will be made during the
annual budget process and contingent on available funds.
ATTACHMENTS:
1. Draft Agreement 2025
2. ACE Parking Proposal
3. Vehicle Options
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CITY OF PALM DESERT
AGREEMENT FOR SERVICES TO OPERATE
THE EL PASEO COURTESY CART SERVICE
OCTOBER 13, 2025 THROUGH MAY 26, 2026
1. Parties and Date. This Agreement is made and entered into this 11th day of September,
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 ACE Parking III, a Limited Liability Company, with
its principal place of business at 645 Ash Street, San Diego, CA 92101 ("CONTRACTOR"). The
City and Contractor 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:
Operation of the El Paseo Courtesy Cart Service, a non-fixed route public transit
service within the City of Palm
(hereinafter referred to as “the Project”).
2.2 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
operational services required by the City on the terms and conditions set forth in this Agreement.
Contractor 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. 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 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 October 13, 2025, to May
25, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option,
at its sole discretion, to renew this Agreement automatically for no more than three (3) additional
one-year terms. Contractor shall complete the Services within the term of this Agreement and
shall meet any other established schedules and deadlines.
3.2 Responsibilities of Contractor.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The
Services shall be performed by Contractor or under its supervision. Contractor will determine the
means, methods, and details of performing the Services subject to the requirements of this
Agreement. City retains Contractor on an independent contractor basis and not as an employee.
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Any personnel performing the Services shall not be employees of City and shall at all times be
under Contractor's exclusive direction and control. Neither City, or any of its officials, officers,
directors, employees, or agents shall have control over the conduct of Contractor or any of
Contractors officers, employees or agents, except as set forth in this Agreement. 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 expeditiously. 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 Substitution of Key Personnel. Contractor has represented to City that
certain key personnel will perform and coordinate the Services. Should one or more of such
personnel become unavailable, Contractor may substitute other personnel of at least equal
competence upon written approval of City. In the event that City and Contractor 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: Mostafa Tohamy, Regional
Director, Coachella Valley.
3.2.5 City's Representative. The City hereby designates Vanessa Mager,
Management Analyst, or his/her designee, to act as its representative in all matters pertaining
to the administration and performance of this Agreement ("City's Representative"). City's
Representative shall have the power to act on behalf of the City for review and approval of all
products submitted by Contractor but not the authority to enlarge the scope of Services or change
the total compensation due to Contractor 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 Contractor's total compensation subject to the provisions
contained in Section 3.3 of this Agreement. Contractor shall not accept direction or orders from
any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Contractor's Representative. Contractor hereby designates Mostafa
Tohamy, Regional Director, Coachella Valley, or his/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/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. Contractor agrees to work closely with City staff
in the performance of Services and shall be available to City's staff, Contractors, and other staff
at all reasonable times.
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3.2.8 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. 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, 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 herein. Any employee of the Contractor or its sub-Contractors
who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project, a threat to the safety of persons or property, or any employee who fails
or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed
from the Project by the Contractor and shall not be re-employed to perform any of the Services
or to work on the Project.
3.2.9 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 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 Contractor (“Performance Milestones”). Contractor 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 Contractor 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 Contractor 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 Contractor 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. Contractor shall
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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. 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.
3.2.9.1 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 subcontractors and sub-
subcontractors 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 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, 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. Contractor 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. 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.
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. Defense costs shall be paid in addition to the
limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual
liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3)
contain any other exclusion contrary to the Agreement.
(B) Automobile Liability Insurance. Contractor shall maintain
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automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Contractor arising out of or in connection
with Work to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident. The City’s Risk Manger may modify this requirement if it is determined that Contractor
will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
(C) Professional Liability (Errors & Omissions) Insurance.
[RESERVED]
(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 officers, agents,
employees, volunteers, and representatives.
(E) Umbrella or Excess Liability Insurance. Contractor may opt to utilize
umbrella or excess liability insurance in meeting insurance requirements. In such circumstances,
Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits of
not less than $4,000,000 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) Taxi Cab Companies – Commercial Auto Liability Insurance:
Contractor shall maintain Taxi Cab Companies – Commercial Auto Liability Insurance with limits
of at least $1,000,000 combined single limit) covering all vehicles to be operated by
CONTRACTOR, and all drivers.
3.2.11.2 Other Provisions or 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
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Agreement. 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 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 Contractor, his/her agents, representatives, employees or subcontractors.
(C) Primary/Non-Contributing. Coverage provided by
Contractor shall be primary and any insurance or self-insurance procured or maintained by City
shall not be required to contribute with it. The limits of insurance required herein may be satisfied
by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance
shall contain or be endorsed to contain a provision that such coverage shall also apply on a
primary and non-contributory basis for the benefit of City before the City’s own insurance or self -
insurance shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of
insurance required under this Agreement does not comply with these specifications, or is
canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will
withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City
may 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 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,
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
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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 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 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
subContractors, subcontractors, 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
subContractors, 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 Contractor ninety (90) days advance
written notice of such change. If such change results in 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.
(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.
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(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 Services.
3.2.12 Water Quality Management and Compliance. Contractor shall keep itself
and all subcontractors, staff, and employees fully informed of and in compliance with all local,
state and federal laws, rules and regulations that may impact, or be implicated by the performance
of the 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.
Contractor 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. Contractor
warrants that all employees and subcontractors shall have sufficient skill and experience to
perform the work assigned to them without impacting water quality in violation of the laws,
regulations, and policies 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 Two Hundred Ninety-Five Thousand Nine Hundred Seventy-Nine Dollars
($295,979) without written approval of the City Council or City Manager, as applicable. Contractor
shall not commence work under this Agreement until it has provided evidence satisfactory to the
City of Palm Desert that it has secured all insurance required under this section. In addition,
Contractor shall not allow any subcontractor(s) to commence
3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices
which provide a detailed description of the Services and hours rendered by Contractor. 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 Contractor's fees, the City shall give written notice to
Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
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
may 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.
3.3.3 Reimbursement for Expenses. Contractor 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. [RESERVED]
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
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from the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. [RESERVED]
3.4.2 Registration/DIR Compliance. [RESERVED]
3.4.3 Labor Certification. [RESERVED]
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. 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.
3.5.2 Safety. Contractor shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its Services, the CONTRACTOR shall at all
times be in compliance with all applicable local, state and federal laws, rules and regulations, and
shall exercise all necessary precautions for the safety of employees appropriate to the nature of
the work and the conditions under which the work is to be performed. Safety precautions, where
applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.5.3 Annual Driver Review. Contractor shall at least annually review the
performance and DMV history of each driver and advise the City of any incidents that have
occurred driving or otherwise in the performance of the driver duties. CONTRACTOR shall be
responsible for appropriate training of all drivers (new and old) in their duties and proper vehicle
operation
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 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. 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
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this Agreement.
3.6.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Contractor to provide all finished or unfinished Documents and
Data and other information of any kind prepared by Contractor in connection with the performance
of Services under this Agreement. Contractor shall be required to provide such document and
other information within fifteen (15) days of the request.
3.6.1.3 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, Contractor shall be compensated only for those Services which have been
adequately rendered to City, and Contractor 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:
Contractor: ACE Parking III, LLC
645 Ash St.
San Diego, CA 92101
ATTN: John Baumgardner
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Vanessa Mager, Economic Development
Department
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Contractor 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
Contractor on other projects without the City’s express written permission. Within thirty (30) days
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following the completion, suspension, abandonment or termination of this Agreement, Contractor
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 Contractor is entitled under the termination provisions of this Agreement, Contractor
shall provide all Documents & Data to City upon payment of the undisputed amount. Contractor
shall have no right to retain or fail to provide to City any such documents pending resolution of
the dispute. In addition, Contractor 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, Contractor shall make a reasonable effort to
notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subcontractors. Contractor shall require all subcontractors
to agree in writing that City is granted a non-exclusive and perpetual license for any Documents
& Data the subcontractor prepares under this Agreement. Contractor represents and warrants
that Contractor has the legal right to license any and all Documents & Data. Contractor makes no
such representation and warranty in regard to Documents & Data which were prepared by
professionals other than Contractor or its subcontractors, or those provided to Contractor 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 Contractor 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 Contractor’s seal from the Documents & Data and indemnify and hold harmless
Contractor 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. Contractor 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. Contractor shall not be responsible
or liable for any revisions to the Documents & Data made by any party other than Contractor, a
party for whom the Contractor is legally responsible or liable, or anyone approved by the
Contractor.
3.6.3.4 Indemnification – Documents and Data. Contractor 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 Contractor in
connection with the performance of this Agreement shall be held confidential by Contractor. Such
materials shall not, without the prior written consent of City, be used by Contractor for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
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any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Contractor which is otherwise known to Contractor or is generally known, or has
become known, to the related industry shall be deemed confidential. Contractor 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 Contractor’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 Contractor of its intention to release Proprietary
Information. Contractor shall have five (5) working days after receipt of the release notice to give
City written notice of Contractor's objection to the City's release of Proprietary Information.
Contractor 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) Contractor fails to fully indemnify, defend (with City's choice of
legal counsel), and hold City harmless from any legal action brought to compel such release;
and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City
release such information.
3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another and shall take any additional acts or sign any additional documents as may be necessary,
appropriate, or convenient to attain the purposes of this Agreement.
3.6.5 [Reserved]
3.6.6 Indemnification.
3.6.6.1 To the fullest extent permitted by law, Contractor 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 Contractor, its officials,
officers, employees, subcontractors or agents in connection with the performance of the
Contractor’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. 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 Contractor, the City, its officials, officers, employees,
agents, volunteers, or representatives.
3.6.6.2 If Contractor’s obligation to defend, indemnify, and/or hold
harmless arises out of Contractor’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, Contractor’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 Contractor, and, upon Contractor obtaining a final adjudication by a court of
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competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not
exceed the Contractor’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 Contractors. City reserves right to employ
other Contractors 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. Contractor 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.
Contractor shall not subcontract any portion of the Services required by this Agreement, except
as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this Agreement.
3.6.13 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not
workdays. All references to Contractor include all personnel, employees, agents, and
subcontractors of Contractor, 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
693
shall continue in full force and effect.
3.6.18 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.
3.6.19 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.
3.6.20 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]
694
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND ACE PARKING III, 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
ACE PARKING III
A LIMITED LIABILITY COMPANY
City Clerk QC:
Contract QC:
Insurance:
_____
Initial Review
_____
Final Approval
695
EXHIBIT “A”
SCOPE OF SERVICES
Contractor shall provide the following services in support of the City of Palm Desert’s El Paseo
Courtesy Cart Program:
1. Service Area and Operations
Provide free courtesy cart service along a 1.5-mile stretch of El Paseo.
Operate three (3) Neighborhood Electric Vehicles, one (1) of which shall be ADA
accessible.
Service shall be offered seven (7) days per week during the program season, as
follows:
o Sunday through Thursday: 11:00 a.m. to 6:00 p.m. (7 hours per day)
o Friday and Saturday: 12:00 p.m. to 9:00 p.m. (9 hours per day)
Service season shall run approximately seven (7) months per year, from October 13,
2025, through May 26, 2026, in accordance with the schedule attached hereto.
2. Fare-Free Public Service
Service shall be provided as a public courtesy at no charge to passengers.
Drivers shall not solicit or request tips in any manner for services rendered.
3. Vehicles
Contractor shall secure two (2) GEM E6 vehicles at a cost of $44,000, which is
included in the total program cost.
Upon completion of the one-year agreement, the GEM E6 vehicles shall become the
property of the City of Palm Desert.
Contractor shall provide and operate one (1) additional Neighborhood Electric
Vehicle, ADA accessible, for the duration of the program.
4. Maintenance and Management
Contractor shall be responsible for all maintenance and upkeep of vehicles
throughout the contract term.
Contractor shall provide qualified staff to operate the vehicles safely, courteously,
and in compliance with all applicable laws and City requirements.
5. Program Administration
Contractor shall manage day-to-day operations of the service, including scheduling,
staffing, and vehicle readiness.
Contractor shall ensure all vehicles are properly insured, permitted, and compliant
with safety standards.
696
EXHIBIT “B”
SCHEDULE OF SERVICES
2025 - 2026 City of Palm Desert NEV Operations Schedule
Standard Hours
Month
Total #
of Days
Hours Per Day
(Sun – Thurs)
# of
Days
Hours Per Day
(Fri – Sat)
# of
Days
Total
Hours Per
Cart
October 13 - 31, 2025 19 7 14 9 5 143
November 1-30, 2025
(excluding
Thanksgiving)
29 7 20 9 9 221
December 1-31, 2025
(Excluding Christmas) 30 7 22 9 8 226
January 1-31, 2026 31 7 21 9 10 237
February 1-28, 2026 28 7 20 9 8 212
March 1-31, 2026 31 7 23 9 8 233
April 1-30, 2026 30 7 22 9 8 226
May 1-25, 2026 25 7 17 9 8 191
Possible Overtime Hours
Month(s) Hours Per
Month
Number of
Months
Total Hours
Per Cart
October 2025 - February 2026 4 5 20
March, 2026 64 1 64
April - May 2026 4 2 8
Total Annual Overtime Hours Per Cart 92
Total Annual Regular Hours For (3) Carts 276
697
698
Option 1 – 8 passenger golf carts & ADA golf cart
699
Option 2 – 6-passenger GEM vehicles with doors and one rented ADA-compliant
GEM vehicle
700
OPERATION OF NEV FOR COURTESY SHUTTLE SERVICE
Prepared Exclusively For: City of Palm Desert
July 2025
701
COVER LETTER 3
EXPERIENCE AND TECHNICAL COMPETENCE 5
A. BACKGROUND 5
B. REFERENCES 13
FIRM STAFFING & KEY PERSONNEL 17
A. STAFFING: 17
B. KEY PERSONNEL: 20
C. TEAM ORGANIZATION: 22
D. SUBCONTRACTORS: 22
PROPOSED METHOD TO ACCOMPLISH THE WORK 23
TABLE OF CONTENTS
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3
COVER LETTER
July 31, 2025
Vanessa Mager
Management Analyst
vmager@cityofpalmdesert.org | (760) 776-6425
Cristal Ortega
Management Analyst
cortega@palmdesert.gov | (760) 776-6327
Dear Vanessa and Cristal,
ACE Parking (“ACE”) is pleased to present a proposal for THE Operation of Neighborhood Electric Vehicles (NEVS)
for Courtesy Shuttle Service for the City of Palm Desert. Our proposal will outline an ambassador approach to our
shuttle operations that will help ensure strong customer service and easy transportation experience for your City’s
guests and visitors, while allowing a collaborative partnership to develop and thrive between the City of Palm Desert
and ACE.
VALUE PROPOSITION
We have outlined the following benefits with a partnership approach with ACE.
Extensive Local Market & Local Shuttle Experience
Longstanding Relationships within the Community
Experienced Local Support Team with High Level Engagement
Palm Springs Labor Pool of Over 60 Hospitality Team Members
ACE Regional Office Located in Palm Desert Just Minutes Away
ACE Corporate Headquarters in San Diego
5-STAR HOSPITALITY LEVEL OF SERVICE
Your ACE team will leverage ACE Hospitality’s 55-year hotel experience to
provide the finest personal services and facilities to our guests. Our guests will
benefit from ACE’s 5-Star service standards, strategic advance planning, quick
decision-making; accountability; and proactive communications with our local
management team. “We are Ladies and Gentlemen serving Ladies and
Gentlemen”!
ACE’S MUNICIPAL EXPERIENCE
ACE has built a reputation over the last 60 years of providing efficient operations and innovative consulting
services for dozens of municipalities across the country. ACE takes pride in its collaborative approach to
enforcement, providing services for many municipalities and government agencies. Our municipal experience
started with the City of San Diego, a relationship which has continued without interruption for the past 60 years.
Palm Springs Labor
Pool
Over 60
Hospitality
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4
APPROACH TO YOUR SCOPE OF WORK
After a thorough review of the project requirements and objectives, our team has developed a strategic,
thoughtful, and service-oriented approach designed to enhance mobility, elevate the rider experience, and
optimize day-to-day operations. In the Proposed Method to Accomplish the Work section of our proposal we
have included details about the following topics.
Transition plan
Customer Service Plan
Technology Plan
Staffing Plan
Communication Plan
Vehicle Maintenance Plan
Continuity Plan
Optional Amenities
Additional Recommendations
INDIVIDUAL AUTHORIZED TO NEGOTIATE AGREEMENT TERMS
I, Mostafa Tohamy, am authorized to negotiate agreement terms and compensation. My contact information
including my address and phone number is listed below.
COMMITMENT
Your ACE team will bring a forward-thinking mindset to our partnership with the City of Palm Desert by taking a
proactive approach to achieving the City’s service goals and exceeding operational expectations. We thank you for
this opportunity to provide this proposal and do look forward to meeting with you to discuss next steps.
Sincerely,
Mostafa Tohamy
Regional Director
45400 Larkspur Lane
Palm Desert, CA 92260
mtohamy@aceparking.com | (949) 307-7738
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5
BACKGROUND
EXPERIENCE AND TECHNICAL COMPETENCE
A. BACKGROUND
About ACE
Since 1950, ACE has grown to be one of the nation’s largest parking, transportation and
technology solution providers in the country, serving nearly half a million customers daily.
Headquartered in San Diego, ACE is privately- & family-owned and offers direct access to our
top executives and experts while maintaining transparency and a true partnership with our
clients. We operate in many major markets across the U.S., partnering with municipalities,
government agencies, Universities, airports, commercial property management firms, major
hotel brands, property owners, developers, special event companies, and entertainment
venues.
Regional Office in Coachella Valley
1,000 Locations Coast to Coast
5,000 Team Members
$1B Annual Revenue
Service & Expertise
ACE’s unique blend of experience, resources, relationships, and culture make us the parking and mobility
services provider for operations of all sizes and designs. Below are some of ACE’s core skill areas and our
approach to each.
From airports to civic institutions, ACE has the
experience to balance the regulatory
requirements with customer satisfaction.
Large focus on government/municipal fixed route
shuttle transportation, hotel, mixed use, hospital
campus, corporate campus, and residential
community operations throughout the US.
In 75 years of business, we’ve seen just about
everything. If sound advice is what you seek,
we’re here to talk anytime.
ACE has developed proprietary technology
solutions and service-centric procedures based
on a 75-year history managing event venues and
major attractions.
ACE is more than a parking manager for some
of the largest corporations in America. We’re a
revenue growth advisor and partner.
When parking is just one component of a journey,
you need smart, effective solutions that connect
Point A to Point Anywhere.
We take the time and make the effort to provide
your guests and residents with a flawless
experience worthy of your brand.
When lives and health are on the line, a flawless
and efficient operation is critical. Our commitment
is to help patients and families when they need it
most.
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6
BACKGROUND
Southern California Presence
Our presence in Southern California includes long-
term partnerships with dozens of prestigious municipal
and hotel brands. In addition to our regional office in
Coachella Valley, your operation will be supported by
our two nearby regional offices in Los Angeles in
addition to our corporate headquarters based in
Southern California, your operation will benefit from
ACE’s investments in our support team which includes
dedicated local Audit, Human Resources and
Recruiting Managers.
Local Presence
ACE has extensive knowledge in large resort hotels and the service expectations that
come with them. We pride ourselves on building operational plans that are as unique
as the operation itself. With the City of Palm Desert NEV Shuttle, we will tailor an
operation that is specific to the City and its clientele. ACE’s hospitality clients are
listed below. In addition, our regional office is located just one block away from the
NEV shuttle route.
$244 M
Annual
Revenue
96%
Account Retention
143,000
Managed Stalls
1,700
Employees
94%
Audit Scores
400+
Operations
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7
BACKGROUND
EV Experience in the Coachella Valley
Our house car operations have become one of the WOW factors
that take guest experience to the next level. In Palm Springs ACE
partners with the Thompson Palm Springs Hotel providing
complimentary transportation for our guests and VIP’s. The hotel
utilizes the all electric 2025 Escalades IQ which makes ACE
qualified to manage the electric golf cart operation for the City of
Palm Desert.
Shuttle Experience
Our shuttle division developed by President Steve Burton, has been in existence for almost 30 years and has
become one of the most tech forward and innovative divisions of our company. With a large focus on fixed
route shuttle transportation, ACE has also expanded into hospital campuses, corporate campuses, residential
community, hotel, and government/municipal transit operations throughout the US. ACE currently operates
more than 125 medium/heavy-duty shuttles and transit buses with over 200+ fully licensed drivers for our
corporate offices and municipal clients such as San Diego International Airport, the City of San Diego, John
Wayne Airport, and City of San Jose.
Location Name – Shuttles Years Operated # of Shuttles
Number of EV Shuttles ACE Implemented Shuttle Size # of Employees Annual Ridership Photo of Buses
BALBOA PARK TRAM
11 5 - 40 10 1M+
47 38 33 EV
Shuttle/Buse
s
20 to 25 100 2M
1 10 5 Proterra ZX1
Transit Buses
Mix of
Proterra
BEB, CNG
Transit
Buses and
Cutaway
150 500K
WORLDWIDE
HEADQUARTERS
7 6
6 EVs –
First 100%
Corporate
EV Fleet
20 10 75K
10 10 Electrification
in progress 20 to 30 35 550K
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8
BACKGROUND
Location Name – Shuttles Years Operated # of Shuttles
Number of EV Shuttles ACE Implemented Shuttle Size # of Employees Annual Ridership Photo of Buses
9 10 2 Shuttles +
Service
Vehicles
15 to 35 50 1.3M
@ LAX & HYATT REGENCY
22 15 15 EV
Shuttles 15 to 21 55 1M
Start
Date
2025
14 10 35 4 750K
26 5 - 15 to 21 45 600K
BAY AREA 2 14 - 15 to 25 20 100K
3 5 N/A
24-28
Passenger
CNG E-450
Shuttles
15 125K
Shuttle Operation Expertise
Your ACE team will leverage this experience in managing teams of drivers, dispatchers, supervisors, and
professional personnel to operate the City of Palm Desert’s NEV shuttle and ensure it quickly becomes a
source of pride and valued resource for the entire community. We will accomplish this by hiring, training, and
retaining professionally trained, driving staff that will embrace a City Ambassador role in addition to their shuttle
operation duties. All customer questions and requests for information will also be addressed through well
trained drivers and from the central dispatch office.
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9
BACKGROUND
Current EV Transportation Operations
Over the past 3 years, ACE has led the procurement, implementation, and operation of electric bus and shuttle
fleets throughout the Western United States and has developed unrivaled expertise and institutional knowledge
in EV charging, maintenance solutions, battery load management and charger health monitoring.
Notable ACE achievements include:
Ordering, financing, and procuring the 29 Endera electric shuttles in use at San Diego International
Airport, including performing all post-delivery inspections, quality control measures and maintenance
activities.
ACE obtained nearly 6M in grants from CARB and HVIP to offset the capital investment into this fleet
purchase, relieving the airport of an arduous and complicated process to maximize available funding.
The net result of these efforts accounted for 40% of the fleet investment, generating millions in
savings to our SAN partners.
Electrified shuttle operations at Illumina Worldwide Headquarters in July 2021 via procurement and
implementation of a 6-shuttle fleet. Assisted Illumina, the jewel of San Diego’s burgeoning life science
community, with meeting aggressive corporate sustainability transportation goals.
Launching San Diego’s first ever direct connection from the SD trolley system to SAN via all electric
shuttles. The San Diego Flyer debuted in November 2021 as a free, 100% zero emission bus route
designed to solve a historically challenging last-mile problem by seamlessly transporting airport
employees and passengers between Old Town Station, a major San Diego transit hub, and SAN
Terminals 1 and 2. This high-profile service has been covered substantially in local media as ridership
has risen from 1,000/month to over 20,000/month in roughly 40 months of operation.
Partnership with SAN staff and subcontractors to erect 10 50 and 60 KW level 3 fast chargers on short
notice when EV operations debuted on November 1, 2021 after a Covid-related shutdown of 18
months.
Operationalized 4 Proterra 35’ battery electric buses at SAN after these vehicles sat idle during Covid-
related shutdowns. These units went into service on January 10, 2022 supporting inter-terminal and
employee passenger routes.
Electrified fossil-fuel shuttles used for economy lot passenger transportation and operational support at
Phoenix Sky Harbor international airport.
Converted ACE’s Quik Park LAX shuttle fleet to EV through retrofitting the existing units and installing
an electric drivetrain through partnership with Karma Automotive.
Electrified the Hollywood Burbank airport shuttle fleet in Q1 2025, aligning with the airport’s long term
sustainable transportation goals as well as CARB mandates.
Delivered an innovative solution to John Wayne Airport leadership as part of new contract: ACE is
procuring an XOS mobile EV charging hub to solve the airport’s near-term infrastructure challenges
with respect to bus charging, allowing ACE and JWA to begin utilizing a heretofore dormant 5-unit
Proterra fleet.
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10
BACKGROUND
In 2021, ACE developed a new public transit connection to SAN airport
that solved a longstanding connectivity gap between local public transit.
Partnering closely with airport leadership, ACE created the San Diego
Flyer, which transports passengers from Old Town Station to the terminal
complex and back 21 hours per day, 365 days per year, using a fleet of
electric vehicles provided by Endera
GREW RIDERSHIP FROM
500 ▶ 20,000 TROLLEY & COASTER SERVICES (E.G. ADDING
BIKE RACKS)
ACE is proud of our
longstanding partnership with
the San Diego International
Airport and our collaboration
to build the first ‘train-to-the-
plane’ connection in regional
history for airport passengers
and employees.
+50%
IMPROVED EFFICIENCY
BY CONSOLIDATING
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11
BACKGROUND
Municipal Experience
ACE has built a reputation over the last 60 years of providing efficient operations and innovative consulting
services for dozens of municipalities across the country. ACE takes pride in its collaborative approach to
enforcement, providing services for many municipalities and government agencies. Our municipal experience
started with the City of San Diego, a relationship which has continued without interruption for the past 60 years.
Long-Term Partners = Proven Results
We believe there is no better proof of our commitment to operational excellence and to continuously achieving
the results that matter most to our clients than the long-term partnerships we have maintained.
60 35 20 15 15
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BACKGROUND
Consulting Experience
Our entire Executive Team will be directly engaged in creative solutions to continuously add value to shuttle
services for the City of Palm Desert. Our Executive Team, led by President of Operations, Brian Gansert has
assisted municipalities across the country with comprehensive consulting services based on over 30 years of
parking and transportation management.
Your ACE team is committed to developing a long-term partnership with the City of Palm Desert. Throughout
the term of a shuttle services agreement and will provide additional consulting services at cost. Following is a
summary of the most relevant consulting services your ACE team can provide.
Program Branding & Marketing
Website Development & Hosting
Website & Application Integration
Stakeholder Engagement and Outreach
Online Customer Engagement Solutions
Video Intelligence Solutions
Live Dashboard Reporting Acquisition Underwriting & Due Diligence
Acquisition Underwriting & Due Diligence
Wayfinding & Traffic Flow
Smart City Integrations
PARCS RFP Process Management
Consulting Examples
Caesars Las Vegas
Coordinated new state of the art PARCS to control 28,000 spaces with 80
access lanes
Installed 124 LPR cameras
Designed parking guidance signage and individual space availability indicators
Seaport Village, San Diego
Developed revenue projections for dynamic, mixed-use project
Architectural design for multiple above/below grade parking options
Manchester Pacific Gateway
$1.3 Billion redevelopment of 12.07-acre navy Broadway complex
Revenue and expense projections
The Bellevue Collection
Over 3,500 parking stalls
Reorganized the valet assist Garage parking operation
Decreased labor expenses by 12.5%
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REFERENCES
B. REFERENCES
Local Shuttle References
Thompson Palm Springs
Contact:
Robert Hernden
651-282-8513
Description: ACE operates Valet, Self-Parking and House Car operations for the Thompson Palm Springs.
Hotel Paseo
Contact:
Director of Events
760-895-4866
Description: ACE has partnered with the Hotel Paseo, Palm Springs since opening in 2017. ACE provides
Valet, Bell and Shuttle Services.
Vespera Resort on Pismo Beach
Contact:
David Morneau's
General Manager
david.morneau@vesperapismobeach.com.
Description: We provide full valet, bell and a shuttle service for Vespera Resort. Vespera is a 124 room
Marriott Autograph collection on the boardwalk of Pismo Beach. It is also a valet-only location and parks
25,000-30,000 cars per year.
“We are very pleased with the shuttle service operated by ACE Parking. It has
become one of the most popular inclusions in our resort fees and provides guests
with an efficient way to get to various locations in town. The service provided by
the ACE team has been top notch and may guests’ comments on how pleased
they are with the service and the hospitality exhibited by the team.”
– David Morneau, General Manager
713
14
REFERENCES
San Diego International Airport
Contact:
Marc Nichols
Director, Ground Transportation
San Diego County Regional Airport Authority
P.O. Box 82776
San Diego CA, 92138
(619) 400-2824
mnichols@san.org
Description: For the last 25 years, ACE has provided management of the
single largest privately owned and managed shuttle system in San Diego at
the San Diego International Airport. The Shuttle bus system includes 29
Endera E450 & E550 EV shuttle buses, with capacities of 18, 21 & 25
passengers per vehicle (depends on configuration) plus 4 Proterra 40-foot
EV transit size buses with capacity for 35 passengers. ACE owns the
majority of this fleet. This shuttle operation requires over 100 CDL licensed
drivers providing service 24 hours per day, 365 days per year on 4 different
shuttle routes to the airport employees and the airport customers
“There is a good reason for our long-term mutual partnership. ACE gets the job
done – plain and simple. We trust ACE managers, supervisors, and employees to
represent the Authority as the first and last face that our customers see when
they travel to and from our airport. ACE continues to impress and exceed our,
and more importantly, our customer’s expectation – every day.”
– Marc Nichols, Director, Ground Transportation
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15
REFERENCES
Illumina Campus Shuttles, La Jolla, CA | Foster City, CA
Contact:
Heather Archer
Facilities Services & Contracts Manager
Mobile: 858-202-4500
harcher@illumina.com
Description: ACE has been the operator of the Illumina Headquarters Campus shuttle system since
2016. ACE designed, procured, and currently operates seven 19-passenger Champion Challenger shuttles
complete with GPS, the latest in driver monitoring and safety technology, and a full-color shuttle
wrap. Currently, there are four separate routes ranging from campus connector services, to coaster train
connector routes with an annual ridership of close to 70k rides.
ACE also designed, procured, and inaugurated operations between Illumina’s Hayward, CA facility and their
brand-new state of the art campus in Foster City, CA in April 2018. This fleet of five (5) E350 StarTrans
shuttles, are temporarily in service while the custom E450 Champion Challenger units are built from scratch.
The service currently operates first/last mile connections to mass transit in Oakland and Foster City and an
intercampus route that averages 1.2k riders per month with the campus only half full. Once at capacity,
ridership is expected to triple and the long mileage routes will continue to see greater utilization and
customization over time.
Municipal References
Balboa Park Tram Operations
Contact:
Tyler Canales
District Manager – Developed Regional Parks Division
City of San Diego, Department of Parks and Recreation
2125 Park Blvd. San Diego, CA 92101
(619) 235-1124
tcanales@sandiego.gov
Description: Since 2013, ACE has managed operation of three Metro Trams
with the capacity of simultaneously shuttling up to 44-72 passengers per tram.
at Balboa Park in San Diego. The hours of service are 9am - 8pm during the
peak season (Memorial Day through October 31) and 9am - 6pm during the
off-peak season (November 1 to the day prior to Memorial Day). ACE has one
manager and seven employees for this operation. Trams serve as the primary
means of transport for customers traveling between the main parking lots, the
Plaza de Panama, Pan American Plaza and Inspiration Point. The Balboa
Park operation transports more than 500,000 park guests safely and seamlessly
each year.
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16
REFERENCES
San Diego Zoo Shuttle Services
Contact:
Susan Alvarez
Director of Guest Services
San Diego Zoo
2920 Zoo Drive, San Diego CA 92101
619-231-1515 ext 4126
salvarez@sdzwa.org
Description: ACE has operated shuttle services on behalf of the San Diego Zoo since 2021. ACE shuttles
transport guests both from within the main Zoo lot to the guest entrance, in addition to remote shuttle services
transporting guests from overflow parking areas at Inspiration Point to the Zoo itself. ACE and the SDZWA
have also collaborated on shuttle services for numerous VIP groups and special events held at the Zoo. ACE
has been instrumental in assisting the Zoo with efficient transport of guests into and out of the facility,
particularly in 2024 as the Zoo experienced record growth after the debut of its new Panda habitat. ACE
operates shuttles in conjunction with Zoo operating hours and tailors shuttle supply to guest demand, operating
anywhere from 1-4 shuttles at a given point in the service day.
John Wayne Airport
Contact:
Charlene Reynolds
Airport Director
creynolds@ocair.com, O 949.252.5167 | C 949.252.5183
Description: ACE manages comprehensive parking operations at John Wayne Airport,
including self-parking, valet, shuttles, shuttle maintenance, auto detailing, car wash,
facility cleaning, reservations, and marketing. They successfully transitioned nearly 130
existing employees, demonstrating expertise in workforce management and Union
relations. ACE's premium services cater to John Wayne Airport's affluent travelers.
Hollywood-Burbank Airport
Contact:
Scott Kimball
Deputy Executive Director, Business and Properties, Safety, Procurement, Operations,
Parking,
818 565 1374, SKimball@bur.org
Description: ACE took over operations of parking and shuttle services at
Hollywood Burbank airport on October 1, 2023. This operation consists of parking
and Valet management services and 24/7 shuttle service for airport employees,
parkers, and visitors. ACE successfully integrated more than 125 team members
into our family culture as part of a seamless operator transition that was largely
invisible to the traveling public. As part of this contract, ACE operates shuttle buses
and fleet vehicles, employing CDL drivers, Supervisor, and support staff throughout
the operation.
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STAFFING
FIRM STAFFING & KEY PERSONNEL
A. STAFFING:
The sections below further outline the staffing components of this operation. Topics covered include:
Staffing Plan
Job Descriptions
Recruiting and Training
Scheduling
Local Pool of 60+ Team Members
Staffing Plan
Based on input from the City of Palm Desert, we will evaluate and adjust the staffing plan to contribute to a
seamless transition. Each staff member will be specifically trained by your ACE team to deliver a welcoming
and engaging guest experience for everyone that rides the NEV shuttle. We will develop customized staffing
plans based on our initial review of your operation and will provide a comprehensive assessment with
recommendations for potential adjustments within the first 60 days of our operation. ACE is flexible if there is a
need to expand or reduce staffing and will work with the City should the need arise.
Job Descriptions
Shutter Driver: The Golf Cart Shuttle Driver is responsible for safely operating the electric golf carts to
transport guests at El Paseo. This role supports the city’s commitment to accessible, convenient, and
environmentally friendly transportation options.
Key Responsibilities:
Operate municipal golf cart shuttles along assigned route, ensuring the safe and timely transport of
passengers.
Provide courteous and professional service to all riders, including seniors, individuals with disabilities,
and tourists or event attendees.
Conduct daily safety inspections of the vehicle, including brakes, tires, lights, and battery levels; report
maintenance needs promptly.
Assist passengers with boarding and exiting as needed, ensuring safe use of handrails or ramps (if
equipped).
Adhere to all city safety guidelines, traffic regulations, and departmental policies while driving within
pedestrian-heavy or shared-use areas.
Monitor passenger activity to ensure safe and appropriate behavior onboard; report any safety
concerns or incidents to supervisory staff.
Position
*included at no extra cost*
MON TUES WED THURS FRI SAT SUN WEEKLY
TOTAL
Palm Desert - Neighborhood Electric Vehicle Service
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STAFFING
Maintain cleanliness of the golf cart throughout the shift and ensure it is secured and properly stored at
the end of service.
Communicate clearly and promptly with supervisors or dispatch via radio or phone regarding delays,
route changes, or passenger issues.
Support special events, festivals, or emergency transportation needs as directed by the department.
Shuttle Manager: The Shuttle Manager is responsible for the comprehensive management and oversight of
shuttle operations for the City of Palm Desert, ensuring safe, efficient, and reliable transportation services for
guests at El Paseo. This role involves direct supervision of the driver workforce, operational planning, driver
training and adherence to public sector regulations and service standards.
Key Responsibilities:
Oversee the daily operations of the shuttle system, including route planning, driver scheduling, and on-
time performance.
Supervise and support the driver team, including hiring, onboarding, training, evaluating performance,
and administering discipline as needed in accordance with civil service or HR policies.
Ensure full compliance with all local, state, and federal transportation regulations, including ADA
accessibility, DOT standards, and municipal ordinances
Coordinate with vehicle maintenance teams to ensure shuttle fleet safety, cleanliness, and operational
readiness.
Develop and implement operational policies and procedures to align with City goals and improve
service delivery.
Monitor ridership data and operational metrics to optimize route efficiency and respond to service
demands.
Serve as the primary point of contact for internal departments, public agencies, and community
partners regarding shuttle operations.
Manage customer service inquiries and resolve service-related complaints in a professional and timely
manner.
Prepare reports, documentation, and presentations for city leadership, advisory boards, or public
hearings as needed.
Assist in the preparation and administration of operating budgets, grants, and procurement related to
shuttle services.
Recruiting and Training
ACE has extensive experience developing customized training plans for municipalities such as the City of Palm
Desert. We have included a detailed explanation in the Proposed Method to Accomplish the Work Section of
this proposal.
Scheduling
Your ACE team will stablish regular schedules but in the case an employee calls out we utilize when to work to
cover shifts and for employee communication.
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STAFFING
Team Member Management: When-To-Work
ACE has utilized WhenToWork for decades throughout the country for scheduling and
employee communications. This scheduling app makes it easy for our managers to
create and modify schedules efficiently, which is incredibly important when managing
multiple facilities.
With WhenToWork we can categories employees and assign shifts based on who
has been properly trained and badged. It also makes covering call-offs easy even
while ensuring contractual obligations. Since 2000, WhenToWork has been a trusted
leader in online employee scheduling services. The benefits of WhenToWork
include:
Advanced notification and shift reminders
Allows managers to oversee all open shifts and cover requests from employees.
Over 12 different scheduling views
Works on any type of browser and can be used by everyone.
Free App via Apple Store and Google Play store for employees and managers
Local Pool of 60+ Team Members
Your ACE team includes over 60 local team members who are highly qualified
and specifically trained to support the t shuttle operation for the City of Palm
Desert. Each team member has undergone rigorous training tailored to our
service standards and operational procedures, ensuring safe, efficient, and
friendly service at all times. Our drivers, managers, and support personnel bring
both experience and local knowledge to the table. The City will not only benefit
from this strong local workforce but also have the full backing and resources of
the entire ACE team. This includes operational oversight, administrative
support, and a dedicated management team to ensure the program runs smoothly and adapts to the City’s
evolving needs.
Palm Springs Labor
Pool
Over 60
Hospitality
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KEY PERSONNEL
B. KEY PERSONNEL:
Your ACE Management Team will energize the NEV shuttle operations by emphasizing guest experience and
leading your on-site staff to embrace a hospitality ambassador role to create a welcoming experience for your
guests and shuttle customers. With 100+ years combined experience, your shuttle operation will be supported
by the most accomplished and professional parking and transportation management team. In addition to
friendly on-site team members, your shuttle operations will also be supported by our extensive local resources
including 50 valets here in Coachella Valley.
Aimee Ball (Full resume is available in the designated portal)
Proposed Manager
25+ Years of Hospitality Transportation and Parking Management Experience
Deep Understanding of Logistics with a Passion for Guest Experience
Dynamic and Self-Driven Leader
Successful Track Record in Managing High-Performance Hospitality Teams
Directly responsible for the day-to-day supervision, coordination, and performance of
shuttle services including overseeing golf cart shuttle operations, managing frontline
personnel, ensuring safety and compliance, and maintaining high standards of public
service.
Mostafa Tohamy (Full resume is available in the designated portal)
Regional Director, Hotel Operations
10+ Years of Hospitality Parking Management Experience
Oversees Multiple Hotel Locations for ACE in Los Angeles, Orange County, Pismo
Beach, and Palm Desert
Proficient in Utilizing the Latest Parking Platforms and Technologies
Specializes in Building Relationships with Clients
Responsible for the strategic oversight, leadership, and performance of the City’s NEV
operation
Morgan Leslie
Managing Director,Ground Transportation
20+ Years of Transportation and Parking Management Experience
Leadership Roles at Airports and Municipalities Across the U.S.
Leads all Fleet Electrification Initiatives on Behalf of ACE
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KEY PERSONNEL
Mike Tweeten
President, Hospitality
30+ Years Hospitality and Parking Experience
Oversees the Entire Hospitality Division Portfolio for ACE Parking
An Industry Leader on Market Trends for All ACE’s Hotel Client Partners
Sasha Lally
Senior Vice President, Hospitality
30+ Years Hospitality Experience
Passionate about Developing and Maintaining the Highest Service Standards
Responsible for our Hospitality Partnerships and Financial Performance
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C. TEAM ORGANIZATION
FIRM STAFFING & KEY PERSONNEL
TEAM ORGANIZATION & SUBCONTRACTORS
Southern California Shuttle Division
D. SUBCONTRACTORS
An advantage to working with ACE is that we will manage this with 100% ACE staff and there will by no subcontractors.
22
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PROPOSED METHOD TO ACCOMPLISH THE WORK
We have prepared the following proposed method to accomplish the work after thoroughly reviewing the RFP
for the City of Palm Desert’s NEV Shuttle program. After a thorough review of the project requirements and
objectives, our team has developed a strategic, thoughtful, and service-oriented approach designed to
enhance mobility, elevate the rider experience, and optimize day-to-day operations. Our proposal outlines the
following topics:
Transition plan
Customer Service Plan
Technology Plan
Staffing Plan
Communication Plan
Vehicle Maintenance Plan
Continuity Plan
Optional Amenities
Additional Recommendations
TRANSITION PLAN
We develop customized plans for every transition based on the implementation scope and the requested
timeline from our clients. Although we typically recommend 30-day transition plans, we can accomplish
emergency transitions in as little as 24 hours and may recommend longer periods for highly complex or phased
openings. Our transition plans cover over 100 individual tasks ranging from holding tenant/stakeholder
meetings to implementing new technology solutions. We will customize a three-phased transition plan for the
City, which will focus on delivering a smooth transition for your guests and existing staff. We will include the
following actions:
Phase I Phase II Phase III
Site Tour & Implementation Meeting
Community Notice & Outreach
Employee Retention Engagement
Coordinate Monthly Billing
Initiate Revenue Growth Strategies
Coordinate New Technology
Plan Maintenance Improvements
Identify Customized Training Needs
Licenses & Permit Applications
Manager Meetings
Hand Deliver Invoices
Interview Existing Employees
Distribute ACE Employee Benefits
Initiate Surveys
Initiate Marketing Campaigns
Coordinate Site-Specific Reporting
Confirm Statement Requirements
Plan Opening Day Executive Support
Employee Onboarding & Training
Issue Employee Uniforms & IDs
Equipment Testing
Pre-Opening Detailed Cleaning
Install Enhanced Signage
Confirm Supplies & Tickets
Establish Audit Controls
Change Passwords & Locks
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Your Transition Team Manager
We assign a transition manager for each new operation who is responsible for overseeing a
team that includes representatives from our recruitment, training, audit, technology,
marketing, and maintenance departments to ensure a smooth transition.
Delivering Successful Transitions
By focusing on the details that are important to our clients, property visitors, and stakeholders, our transition
teams consistently exceed the expectations of our new client partners. Every quarter, we conduct Client
Surveys to ensure that we are meeting the expectations of our long-term and new clients. In 2024, over 90% of
our 94 new clients indicated that we delivered on ALL the improvements we proposed.
Your Transition Team
Brian Gansert, President
Bob Jaffee, SAS GM
ON-SITE TEAM
Aimee Ball
Proposed
On-Site
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Corporate Transition Team
All corporate team members from regional and corporate executives to our recruiting and training team will be
provided at no cost to the City of Palm Desert. ACE commits the following corporate resources to be directly
involved remotely and on-site in both the transition and post go live operations. This is the ACE Executive
Commitment.
EXECUTIVE POSITION ROLE ON-SITE HOURS REMOTE HOURS TOTAL HOURS
16
8
8
4
4
8
16
TOTAL EXECUTIVE HOURS 64
CUSTOMER SERVICE PLAN
For the City of Palm Desert’s NEV Shuttle Program, we are committed to cultivating a team that reflects the
City’s values and delivers an exceptional rider experience. Our approach to customer service starts with
intentional recruitment, hiring, and training. Through this people-first strategy, we aim to create a welcoming,
respectful, and dependable transportation experience for every rider.
Recruiting
ACE understands that our Team Members are our greatest asset. As such, identifying,
nurturing, and developing the right people, in the right places, at the right time has been
the hallmark of our success for nearly 75 years. Our recruitment and selection processes
make sure that qualified candidates are always available for the City. Key features of our
recruitment and selection process include:
Robust recruitment plans to ensure a constant applicant flow
Bi-Weekly interviews conducted by our Recruiting & Operations Team
ACE City leadership personally interviews all candidates
Talent Acquisition
Our approach is simple: We recruit and continually update our pool of outstanding candidates, and we match
them to jobs that challenge and motivate them. We do this by combining the latest technologies and online
tools with our unique talent acquisition strategy. This allows us to quickly target passive and active job seekers
who possess specific behaviors and targeted skill sets that match our requirements.
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Identifying Talent: Who and How?
ACE utilizes the most sophisticated technology tools that scour social networking sites for potential candidates,
some of whom may not even be actively seeking new jobs. Our Talent Acquisition team actively pursues
everyone in the labor market with an internet footprint, broadening the talent pool, and changing the dynamics
of talent acquisition. Using the right keywords, talent is found and pursued!
With just the push of a button, our advanced system instantly distributes
our jobs to every corner of the digital landscape – social media, job sites,
email and mobile, so we never miss out on finding great candidates. In
turn, job seekers have instant access to our jobs on their mobile phones through our leading smart phone
application, SMS text messages, and other social applications. Our Talent Acquisition Strategy incorporates
the following key considerations:
Social Job Sharing We share advertised jobs across hundreds of social
networks.
Candidate Experience
Unique employment brand and candidate
experience. We can create a tailored career site for
your unique needs.
Talent Network Candidates can share their profiles without
completing a job application
Talent Exchange
Not all candidates are a fit for our Company. We
provide a great candidate experience by connecting
them with other companies.
Requisition Management Allows for tracking and managing openings and
supports segmented hiring
Job Matching Candidates can receive job matches in real time.
Screening & Assessment Unique multi-tiered precision matching capabilities
that ensure the most qualified candidates
Interview Management Accelerates the hiring process utilizing various
interviewing formats, i.e. video, group, panel, mass
Compliance Ensures compliance with OFCCP and EEO hiring.
Reporting and Analytics
Provides ad hoc reports and writing tools for tracking
compliance, recruiter efficiency, and sourcing
effectiveness
Better Screening
ACE’s cloud-based hiring platform combines automation with powerful tools to help with more effective and
accurate screening and selection. The result is we can quickly and cost-effectively source, recruit, and onboard
the best people. This enterprise system enables our Talent Management team to:
Recruit anywhere and anytime through email and mobile
Engage “drive-by” candidates
Tap into social networks
Utilize precision job-matching tools
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Apply multi-tiered screening and assessment tools for candidates’:
o Precise abilities
o Certifications
o Experience
Use scientifically validated behavioral assessments to measure:
o Attitudes
o Attributes
o Cultural Fit
Seamlessly onboard new team members
Proven Recruiting Strategies
ACE is committed to fulfilling the goals of our mission statement. To that end, we make every effort to offer
employment to those that model our mission objective, “Operating under the ideals of moral integrity, quality
and accountability.” ACE strongly believes in promoting from within our existing staff. Existing team members
are encouraged to apply for any open position. Team members are made aware of job postings through the
ACE employee website and on-site job postings. In recent years, our recruiting strategies have shifted towards
the vast digital world in addition to hosting interactive and engaging hiring events and job fairs.
PETCO PARK HIRING EVENT
The event was hosted at Petco Park which allowed for a unique experience for
attendees at one of San Diego’s iconic locations as well as giving them an
opportunity to learn more about the company’s hiring process. This event was
attended by over 175 people who were interested in learning more about the
company’s job opportunities and resulted in 38 new hires. ACE used digital
marketing to promote the event on social media (Facebook, Instagram, TikTok,
Twitter), blogs, local news stations, and other channels.
HIRING EVENT EXAMPLE
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Comprehensive Local Outreach
Outside applicants are directed to the ACE website to apply; when an online application is not possible paper
applications will be substituted. Open positions are announced using a variety of recruiting techniques including:
Networking & Local Relationships
School Career Counselor Outreach
Faith Based Organizations Outreach
Employee Referrals
Online Job Search Engines and Websites
Print Advertising
ACE Sponsored Meet & Greet Events
Dedicated Local Recruiting Team
ACE has the largest and most successful recruiting teams which are led by Michelle Dente, Executive Vice
Present, Member Services. Michelle will spearhead recruiting efforts for the City and work directly with the local
ACE team and the city management to ensure both initial and ongoing recruiting goals are met. Our recruiting
department is shown in the chart below.
Hiring And Training
Building Our Team With The Right Training
Putting our guests needs first ACE has developed our Speed is Service program specifically for venue-based
facilities. Our service approach is founded on what our guests expect when they enter a parking facility; a
seamless, and FAST parking experience.
Michelle Dente
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Every Thank You Earned Model™
Our motto, Every Thank You Earned™, applies at
every level of our company. It’s our commitment to do
whatever possible to create a positive, authentic
experience and truly impress the customer. Our
approach to service delivery is an ongoing process of
Recruiting/Training, Service Delivery, and Quality
Assurance/Measurement.
Through each phase, we focus on ensuring we are
applying the Every Thank You Earned model.
Ensuring we hire hospitality-minded people, training
them to our standards, making sure they are
delivering high levels of service and measuring at
every turn. Today’s consumer expects a memorable
experience to justify their buying decision. Parking
and transportation services are not any different. Our Team Members are the first and last representatives with
whom our guests interact, and thus play a critical role in maintaining brand integrity.
We See The People. Not The Cars.
Our training programs are designed to teach your ACE team members to make a connection with every
customer to deliver authentically engaging experiences. Our “We See the People. Not the Cars.” training
philosophy is centered around developing a sense of empathy for the unique needs of each guest.
Training Program: ACE Driver Training and Commitment to Service Delivery
ACE recognizes the unique talent of our employees as our competitive advantage and greatest single
resource. In addition to service delivery training outlined in our transition plan every NEV driver will receive
location and vehicle training that is specific to the route, incorporates the significant differences between fossil
fuel and electric vehicles, provides introduction to EV operation (ACE is well versed from training its 100 driver
SAN airport team on our new electric vehicles) and focuses on safe driving behaviors, defensive operation of
the vehicle, and emergency procedures as points of emphasis.
WE SEE THE PEOPLE. NOT THE CARS.
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Typical Training Schedule and Training Certification:
The ACE Mobility Solutions training period for newly hired shuttle drivers and support staff is intensive and
ongoing.
Day one encompasses a general orientation to the company and our culture.
Day two is shuttles-centric and orients the new team member to all shuttle routes, our operations
location and break room, passenger drop-off and pick-up points at
ACE reviews required tasks with each new employee and requires that they communicate
understanding and acceptance of all training precepts.
Drivers will then begin shadowing a more Senior driver, usually for 2-3 full shifts, and will be evaluated
at the end of each day by the Senior driver and management staff.
The final step in this sequence is the ACE trainer ‘clearing’ the new team member to begin driving on
his or her own.
At the end of this training period, the trainer, supervisor, and manager will provide feedback to the employee
and continue to monitor performance closely over the first thirty days of employment. Throughout the year all
shuttle drivers, irrespective of tenure, will undergo 6-8 hours of classroom and computer-based training to
learn new skills, sharpen existing skills and be advised of updates to operations, policies, and procedures.
Examples of re-training courses include:
Motor Vehicle Safety
Distracted Driving
Conflict Resolution
Service Delivery Re-Training
Safety Fundamentals
Motivating Employees
ACE Mobility Solutions’ comprehensive driver training programs combine intensive classroom training, yard
training and behind-the-wheel-route training to establish a strong foundation of future success for every airport
shuttle team member. These targeted, thoughtful programs are rolled out upon hire, at periodic intervals, and
as refresher training completed annually and pursuant to a claim, accident, or negative incident.
Road Tests
In accordance with DOT, FMCSA and company guidelines, all commercially licensed drivers must pass a road
test certification. This process also enables the Supervisor and the ACE trainer to share valuable information
regarding the Airport campus, customer service best practices, and operating policies and procedures (I.E.
incident response, lost items, T1 redevelopment detours, etc.)
Ride Along
During a ride along a Supervisor, trainer or manager spontaneously boards a shuttle and observes the driver
on route to ensure all policies are being followed and that the driver is demonstrating professionalism and
competence with respect to driving behaviors, customer interactions, and general job performance.
Shuttle Shadows
Supervisors or managers will follow each driver from a distance to verify safe operation of the vehicle,
adherence to all traffic laws and rules of the road, and company policies with respect to commercial
transportation.
ADA Training
ACE’s commitment to providing outstanding customer service extends to every individual with whom we interact
during our job duties. Supporting our passengers with disabilities requires attentiveness, solid communication
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skills, and empathy. Our goal when servicing our disabled customers is to ensure equal service and access. All
team members are required to complete training on ADA policies and procedures through our member services
department and the designated onsite training personnel. Our training covers all applicable laws, rules and
regulations that comprise ADA passenger transport, and ensures team members are familiar with Q-straints,
operating shuttle lifts, showing empathy while treating all passengers equally, and delivering uniformly excellent
outcomes for ADA guests. ACE takes great pride in delivering world class customer service in every interaction,
and fully meeting the needs of all persons with disabilities is foundational to this overall commitment.
ACE recognizes the unique talent of our employees as our competitive advantage and greatest single
resource. Every shuttle driver will receive service delivery excellence training in addition to the intensive typical
training protocol all ACE drivers receive.
At the end of this training period, the trainer, supervisor, and manager will provide feedback to the employee
and continue to monitor performance closely over the first thirty days of employment. Throughout the year
ACE’s drivers, irrespective of tenure, will undergo 6-8 hours of classroom and computer-based training to
learn new skills, sharpen existing skills and be advised of updates to operations, policies, and procedures.
Examples of re-training courses include:
Distracted Driving Safety Fundamentals
ACE Mobility Solutions’ comprehensive driver training programs combine intensive classroom training, yard
training and behind the wheel route training to establish a strong foundation of future success for every team
member. These targeted, thoughtful programs are rolled out upon hire, at periodic intervals, and as refresher
training completed annually and pursuant to a claim, accident, or negative incident.
Radio Communication
The importance of the two-way radio as a tool to communicate, organize, and operate with accuracy and
efficiency cannot be emphasized enough. ACE drivers will be equipped with a radio and/or a cell phone for
communication with other staff. Handheld devices allow individuals to affect their curb without communicating
to others; because of this possibility our training emphasizes the importance of continued radio
communications. ACE in our current operations has set a variety of standards for the use of the two-way radio
tool as outlined in the following sub-sections.
Radio Training
ACE drivers undergo Radio Training, which incorporates the following:
How to check to make sure the radio is fully charged and in good working condition
Notify the supervisor if a radio does not work and locate a replacement
How to turn the radio on to the designated channel
How to set the volume at a comfortable level
How to place the radio back in its charger at the end of the shift
Radio Operator Best Use:
Talk across the microphone slanted toward the face about 5 inches away.
Use a normal voice. Do not shout.
Make sure the information that you broadcast is correct. Be exact in giving locations, descriptions, etc.
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Make all conversations short but complete. Do not use the radio as if it were a telephone. Use proper
codes and keep the broadcast simple.
Speak in a clear distinct voice. Do not mumble, talk in low tones or raise the pitch of your voice. Do not
talk too fast. Use your normal voice.
Think before you speak so that your transmission will sound intelligent.
Refer to all officers and personnel by their call sign or number.
Keep your composure. Do not display emotion by words or voice inflections that will reflect excitement,
irritation, disgust, or sarcasm. Watch your choice of words.
Be courteous. Monitor your radio before you start transmitting. Make sure no other person is
transmitting.
Do not break in or disrupt on-going transmissions. Wait for your turn.
When using the radio, push and hold down the transmit button and wait at least a second before you
speak.
Always identify the person you are trying to reach first and then identify your call sign before
transmitting your message.
TECHNOLOGY PLAN
ACE integrates a comprehensive suite of technologies designed to enhance safety, efficiency, transparency,
and rider experience. The following approach creates a seamless ecosystem that supports a high-quality,
smart, and community-centered NEV shuttle operation.
GPS Locator
The basic GPS locator system will be include at our cost, but ACE can also provide
an option for a custom app where the City will get the class A experience GPS
locator app that is inclusive of the City’s branding and guests can see exactly where
the golf carts are on the map.
ACE will utilize the Passio GPS and Bus Buzz Customer Feedback system to display
golf carts on route, provide ETA’s for the next arriving vehicle, and allow passengers to
interface with ACE operations leadership in real time. The Bus Buzz allows passengers
to scan a QR code on the shuttle and leave a feedback comment, which immediately
routes to ACE dispatch and managers for review and response.
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Fleet Utilization Technology
ACE’s shuttle management team utilizes this system to create and analyze headway, trip count, and shuttle
on-route reporting. ACE management can also seamlessly download headway, shuttle count, and feedback
reporting, make changes to route maps and stop locations, and respond quickly to passenger feedback.
Real-Time GPS on Route
ACE offers real time cart location information to all passengers and can display ETA’s to monitors at pick up
points. Shuttle information is provided with estimated time of arrival for the next cart and can display current
shuttles on route, allowing passengers to reference the app for convenience at any time.. The ACE
management team can review data quickly, make operational changes when necessary, and respond nimbly
to urgent feedback items or changes to the operational environment.
Safety Dash Cams
Every shuttle vehicle operated by ACE will be equipped with the Lytx risk monitoring
system that utilizes cameras, bumper sensors, and sophisticated cloud-based software to
identify and report instances of distracted and potentially dangerous driving situations.
This system is configured by ACE to send immediate alerts to our team anytime an
accident or significant issue is observed. This enables our team to quickly mobilize
support and, when appropriate, replace a driver to initiate a formal review of the incident.
Our management team utilizes reports organized by driver and issue type to provide
ongoing feedback and counseling to continuously elevate the skills and performance of
each ACE Shuttle Driver. Statistics from the Lytx system are automatically entered into
our Driver Report Cards which track safety compliance, customer service scores and
training compliance.
ACE has utilized Lyx’s industry leading technology on electric shuttles and buses, trams, trolleys, golf carts, as
well as passenger pool vans, and trusts Lytx to tailor their solution to the inherent differences of our many EV
and fossil fuel transportation operations.
Ridership Reporting
With ridership dashboarding you will know exactly how many passengers
ride by day by hour by route. We will see on average how many passengers
are riding each route during peak and non-peak periods. We’ll keep track
how frequently shuttles are at capacity so we can determine if passengers
are still waiting at the stop and we need to consider increasing the number
of shuttles in operation.
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STAFFING PLAN
Based on input from the City of Palm Desert, we will evaluate and adjust the staffing plan to contribute to a
seamless transition. Each staff member will be specifically trained by your ACE team to deliver a welcoming
and engaging guest experience for everyone that rides the NEV shuttle. We will develop customized staffing
plans based on our initial review of your operation and will provide a comprehensive assessment with
recommendations for potential adjustments within the first 60 days of our operation. ACE is flexible if there is a
need to expand or reduce staffing and will work with the City should the need arise.
Job Descriptions
Shutter Driver: The Golf Cart Shuttle Driver is responsible for safely operating the electric golf carts to
transport guests at El Paseo. This role supports the city’s commitment to accessible, convenient, and
environmentally friendly transportation options.
Key Responsibilities:
Operate municipal golf cart shuttles along assigned route, ensuring the safe and timely transport of
passengers.
Provide courteous and professional service to all riders, including seniors, individuals with disabilities,
and tourists or event attendees.
Conduct daily safety inspections of the vehicle, including brakes, tires, lights, and battery levels; report
maintenance needs promptly.
Assist passengers with boarding and exiting as needed, ensuring safe use of handrails or ramps (if
equipped).
Adhere to all city safety guidelines, traffic regulations, and departmental policies while driving within
pedestrian-heavy or shared-use areas.
Monitor passenger activity to ensure safe and appropriate behavior onboard; report any safety
concerns or incidents to supervisory staff.
Maintain cleanliness of the golf cart throughout the shift and ensure it is secured and properly stored at
the end of service.
Communicate clearly and promptly with supervisors or dispatch via radio or phone regarding delays,
route changes, or passenger issues.
Support special events, festivals, or emergency transportation needs as directed by the department.
Shuttle Manager: The Shuttle Manager is responsible for the comprehensive management and oversight of
shuttle operations for the City of Palm Desert, ensuring safe, efficient, and reliable transportation services for
Position
*included at no extra cost*
MON TUES WED THURS FRI SAT SUN WEEKLY
TOTAL
Palm Desert - Neighborhood Electric Vehicle Service
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guests at El Paseo. This role involves direct supervision of the driver workforce, operational planning, driver
training and adherence to public sector regulations and service standards.
Key Responsibilities:
Oversee the daily operations of the shuttle system, including route planning, driver scheduling, and on-
time performance.
Supervise and support the driver team, including hiring, onboarding, training, evaluating performance,
and administering discipline as needed in accordance with civil service or HR policies.
Ensure full compliance with all local, state, and federal transportation regulations, including ADA
accessibility, DOT standards, and municipal ordinances
Coordinate with vehicle maintenance teams to ensure shuttle fleet safety, cleanliness, and operational
readiness.
Develop and implement operational policies and procedures to align with City goals and improve
service delivery.
Monitor ridership data and operational metrics to optimize route efficiency and respond to service
demands.
Serve as the primary point of contact for internal departments, public agencies, and community
partners regarding shuttle operations.
Manage customer service inquiries and resolve service-related complaints in a professional and timely
manner.
Prepare reports, documentation, and presentations for city leadership, advisory boards, or public
hearings as needed.
Assist in the preparation and administration of operating budgets, grants, and procurement related to
shuttle services.
Route Compliance
ACE will operate along the planned routes as outlined in the City’s NEV Shuttle Program scope of work. We
are fully committed to adhering to the approved route structure and maintaining consistent, reliable service
along all designated paths. Should the City choose to expand, adjust, or pilot new routes in the future, ACE will
collaborate closely with City to evaluate feasibility, ensure compliance, and implement changes efficiently and
seamlessly.
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COMMUNICATION WITH THE CITY
As the NEV Shuttle provider for the City of Palm Desert, ACE is committed to maintaining open
and consistent communication through regular meetings and detailed reports.
In the event of any incident, we will follow a clearly defined hierarchy of reporting. All incidents
will be reported within 24 hours at minimum, with immediate notifications—via text, email, and
phone—for any significant events.
To support public engagement and promote the shuttle program within the community, our team will actively
collaborate with retailers on El Paseo. Our on-site manager will connect with businesses and community
stakeholders weekly to ensure they are informed and involved. We will also distribute program maps and
provide marketing and advertising materials to raise awareness and support among residents, visitors, and
businesses alike.
Program Branding
We plan to purchase two standard 8-seater golf carts to support this operation that meet the minimum
requirements of the RFP to hold at minimum 6 passengers. In addition, we will acquire at least one ADA-
compliant golf cart, which is expected to cost a minimum of $50,000, to ensure our services are inclusive and
meet the needs of individuals with disabilities.
To promote program branding and increase public awareness, we recommend adding the city's official logo to
each golf cart as shown in the mockups below. Our recommendation is to include a catchy name for the
operation, such as “The El Paseo Express”, so guests and residents can promote this operation by word of
mouth to friends and visitors of the City. This will not only create a unified and professional appearance but
also reinforce the city’s commitment to accessible, sustainable transportation for all guests.
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VEHICLE MAINTENANCE PLAN
All golf cart interiors will be swept and cleaned daily by ACE personnel as part of the daily operations plan.
Vehicle exteriors will be washed weekly to assure golf cart passengers are transported in a clean, comfortable
vehicle on every trip.
DOT and CHP Inspections
All NEV Shuttles for the City of Palm Desert will be outfitted with CHP-compliant exterior signs or verbiage
indicating operator of record and inclusive of required DOT and CPUC/TCP numbers.
ACE is stream lines the mandatory DOT and CHP pre-shift and post-shift
vehicle inspection process each driver must complete. Our system utilizes
digital “tags” attached to each area on the shuttles that require a visual or
mechanical inspection. Our drivers then utilize Zonar handheld devices to
read the tags and answer mandatory automated questions to confirm
vehicle specifications and performance requirements. If an issue is
observed, the driver will be assigned a new vehicle to inspect and the
system will automatically notify the ACE management team and initiate repair work orders. This convenient
system streamlines CHP inspections and will assist maintenance staff with handling and responding to vehicle
maintenance issues, improving efficiency and assisting shuttle maintenance expense control.
Cleaning and Washing
Cleaning will be performed by ACE and use only sustainability-friendly and city-approved cleaning products as
part of its routine. Daily and weekly procedures are as follows:
Prior to every shift, all seats are wiped down and sprayed with FDA registered disinfectant which also is
approved for elimination of SARS-COV-2.
After every shift, each golf cart is swept, and all trash and debris is removed from the golf cart.
At the end of every service day, golf cart interiors are deep cleaned by the ACE driver, inclusive of
windows, floors, passenger seating areas and driver cabin.
All golf carts are washed on a weekly basis using a combination of power washing/hand washing,
inclusive of tires, wheels, seats, seatbelts, handles, armrests, knobs, etc.and other high-profile exterior
surfaces
Vehicle Maintenance
ACE will ensure the Palm Desert NEV fleet is well maintained through partnership with our maintenance
subcontractor Ecofleet industries. Ecofleet supports ACE’s EV fleets throughout the State of California, with a
network of maintenance professionals across the state as well as offices and shops in Oceanside and San
Diego. Ecofleet employs leading engineers in the EV space who have designed vehicles on behalf of Tesla,
Endera, and other leading manufacturers, and now provide subject matter expertise on all electric vehicle
issues and maintenance concerns. Ecofleet, through its network of partners, will ensure that Palm Desert
NEV’s are well maintained and stay on the road to ensure program success.
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CONTINUITY PLAN
As part of our comprehensive continuity plan, we will ensure uninterrupted service by maintaining a
relationship with a local golf cart rental company to provide backup golf carts in the event of a breakdown or
mechanical issue. Our operations team will routinely inspect all vehicles to minimize the risk of disruptions, but
in the event that a cart is taken out of service, a replacement unit will be deployed immediately from our
reserve inventory. The ACE team has over 60 team members on call ready to assist your operation if needed
and will never have a position un-filled. Below is the software we use to ensure call outs are handled and the
operation is always staffed. This proactive approach ensures that service remains smooth, reliable, and
consistent for all visitors in the City of Palm Desert.
Team Member Management: When-To-Work
ACE has utilized WhenToWork for decades throughout the country for scheduling and
employee communications. This scheduling app makes it easy for our managers to
create and modify schedules efficiently, which is incredibly important when managing
multiple facilities.
With WhenToWork we can categories employees and assign shifts based on who
has been properly trained and badged. It also makes covering call-offs easy even
while ensuring contractual obligations. Since 2000, WhenToWork has been a trusted
leader in online employee scheduling services. The benefits of WhenToWork
include:
Advanced notification and shift reminders
Allows managers to oversee all open shifts and cover requests from employees.
Over 12 different scheduling views
Works on any type of browser and can be used by everyone.
Free App via Apple Store and Google Play store for employees and managers
OPTIONAL AMENITIES
Our motto, Every Thank You Earned, is our commitment to do whatever possible to create a positive, authentic
experience and truly impress City of Palm Desert guests. We understand that the transportation business is
about taking care of people. That is why everyone at ACE – from our Ambassadors to our CEO – is ready to
assist you and your customers in any way, at any time, at a moment’s notice.
We are committed to delivering a premium rider experience through exceptional customer service
and thoughtful additional amenities. Our team will be trained to provide courteous, professional
assistance, ensuring every interaction reflects the values of ACE and the City of Palm Desert. To
enhance comfort during rides, our shuttles will offer complimentary City of Palm Desert-branded
water bottles, adding a local touch that promotes community pride. Additionally, each vehicle will
be equipped with a rear basket to accommodate a cooler for the waters as well as guest’s
personal belongings, providing convenience for passengers.
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ADDITIONAL RECOMMENDATIONS
Shuttle Request QR Code
To improve accessibility and ease of use for guests, ACE will implement a dedicated system
for shuttle requests, including a hotline and QR code feature that allows guests to quickly
call for a shuttle directly from their mobile devices.
All vehicles in our fleet will be ADA-accessible, and we will provide a specialized phone line
specifically for ADA shuttle requests, ensuring equitable service for passengers with
disabilities.
Signage
ACE will ensure that shuttle route destination signs always display the correct information on route and post
them along El Paseo so guests know where they can catch the shuttle. ACE will work with the City to create
this customized signage. We would start by taking the provided route map and make it easier to see as shown
below.
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FEE PROPOSAL –ACE Parking
City of Palm Desert 2025-RFP-187
We believe partnerships are the key to ensuring the services the City provides to the public reach their full potential. We are confident that once you
partner with ACE, you will never look at shuttle management the same. We are prepared to improve every aspect of your shuttle operation and the
service it provides to the public. In the spirit of partnership and transparency, we have provided the following line-item budget along with our lump-sum,
not-to-exceed fee proposal for the scope of Services. We have also provided the requested hourly rates for “Additional Work”.
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ACE Parking Budget for Operation of NEVS for Courtesy Shuttle Service
City of Palm Desert 2025-RFP-187
Driver
Mon Tues Wed Thu Fri Sat Sun Weekly Monthly Daily Avg Hourly Est Monthly Year 1
Total Hours Hours Wage Rate Costs
Costs
(7.25 Months)
Shuttle 1 7 7 7 7 9 9 7 53 229.49 7.57 $ 20.00 4,590$ 33,276$
Shuttle 2 7 7 7 7 9 9 7 53 229.49 7.57 $ 20.00 4,590$ 33,276$
Shuttle 3 7 7 7 7 9 9 7 53 229.49 7.57 $ 20.00 4,590$ 33,276$
Manager 2 2 2 2 2 0 0 10 43.30 1.43 $ 33.00 1,429$ 10,360$
- - -$ -$
Labor Sub Total 15,198$ 110,188$
Holiday/Sick/OT/Training 8.00%% Rate 1,216$ 8,815$
TOTAL 169 732 24 16,414$ 119,003$
Payroll Overhead (Payroll Taxes, Workers Comp, etc.)22.85%% Rate 3,751$ 27,192$
Health & Welfare 1,079$ Per each FT Employee Per Month x 0 Estimated FT Employees -$ -$
Payroll Processing Software 75$ Per Month Given 75$ 544$
Recruiting / Testing / Training 50$ Per Month - Depending Number of Employees 50$ 363$
Uniforms 75$ Per Month 75$ 544$
Supplies 25$ Cost Per Month 25$ 181$
Telephone 199$ Cost for 3 Phones 199$ 1,440$
Radio 50 Cost for 3 Radios 50$ 360$
Insurance-Vehicles 1,854$ Per Vehicle Rate x 3 Number of Vehicles 5,561$ 40,320$
Vehicle Charging 10$ Per Vehicle Per Day x 3 Number of Vehicles 909$ 6,592$
Vehicle Financing 56,402$ Annual Financing Cost 3 Number of Vehicles 7,780$ 56,402$
Wraps and Signage -$ Included with Vehicle Financing /0 Months to Depreciate -$ -$
Vehicle Tax & License 250$ Per Vehicle Rate x 3 Number of Vehicles 103$ 750$
Office Lease -$ Est. Cost Per Vehicle x 0 Number of Vehicles -$ -$
Vehicle Cleaning 25$ Est. Cost Per Vehicle x 3 Number of Vehicles 0.50 Frequency (Weekly)150$ 1,088$
Vehicle Maintenance -$ Est. Cost Per Vehicle x 3 Number of Vehicles -$ -$
GPS, Customer Feedback and Camera 400$ Est. 8 Month Cost Per Vehicle 3$ DashCam: Lytx (Total Cost)166$ 1,200$
Management Fee (Profit)5,517$ 40,000$
Total Proposed Operating Cost 40,825$ 295,979$
Additional Work Cost Regular Hourly Rate 27.07$
Overtime Hourly Rate 40.61$
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