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Res OB-049 (2)
OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: RECEIVE AND FILE THE EXECUTIVE DIRECTOR'S EXECUTED CONTRACTS FOR JUNE, JULY AND AUGUST 2013, FOR ROUTINE MAINTENANCE AND EMERGENCY MAINTENANCE SERVICES FOR OBLIGATIONS LISTED ON THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) SUBMITTED BY: Martin Alvarez, Director of Economic Development DATE: September 10, 2013 CONTENTS: Resolution No. OB - 049 Proposals/Map/Photographs Recommendation That the Oversight Board waive further reading and adopt a Resolution No. OB - 049 receiving and filing the Executive Director's summary of executed contracts for routine maintenance and emergency maintenance services performed in June/July/August 2013 for obligations listed on the Recognized Obligation Payment Schedule (ROPS). Background On June 4, 2012, the Oversight Board authorized the Executive Director to execute contracts under $5,000 for routine maintenance, recurring services, and emergency maintenance services required to maintain the Successor Agency properties until disposition. On February 4, 2013, the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency (Oversight Board) approved the current ROPS which lists routine maintenance services on Successor Agency properties as an obligation for July 1- December 31, 2013. Below is a summary of the contracts executed by the Executive Director in the months of June, July and August for maintenance services on Successor Agency properties: (4-0, B(04-.11 , bLAz-k , h z-b:=,...i s-1 A.B.,,nr1) Pp'(2oVED BY OVERSIGHT BOARD ON --- t0- 1,3 VERIFIED BY r►'�s�- Original on file with City Clerks ce Oversight Board Staff Report Receive and File Summary of Executed Maintenance Contracts for June/July/August'13 September 9, 2013 Page 2 of 3 Property 73-697 Santa Rosa APN 627-102-019 132 Acre Site Casey's Restaurant 43-915 Portola Ave. 44-887 San Antonio Cir. 45-330 Ocotillo St. 45-330 Ocotillo St. Annual Contract for SA Properties 43-845 Portola 43-895 Portola 43-915 Portola 45-330 Ocotillo St. 44-887 San Antonio Cir. 44-889 San Clemente Cir. 73-697 Santa Rosa Way Service 4 Palm Tree Pruning General Clean Up Monthly Pest Control Landscape Maintenance Irrigation Repairs/Maint. Irrigation Repairs Landscape Maint. July/August only Property Management Monthly Maintenance Monthly Maintenance Monthly Maintenance Monthly Maintenance Monthly Maintenance Monthly Maintenance Monthly Maintenance TOTAL MONTHLY CONTRACT Vendor Reliable Tree Care Quality Landscape Del's Pest Control Liberty Landscape Garza Landscape Garza Landscape Liberty Landscape RPM Monthly Landscape Maintenance S_____ept2_413='June 2014 per R.F.P. Landscape Garza Landscape Landscape Garza Landscape Landscape Garza Landscape Landscape Garza Landscape Landscape Garza Landscape Landscape Garza Landscape Landscape Garza Landscape Cost $75.96 $800.00 $300/yr. $3,528/yr. $126.00 $24.00 $390.00 mon. /$880.00 total $450.00/mont $5400.00/yr. $250.00 $495.00 $50.00 $290.00 $1,085.00 Staff recommends that the Oversight Board receive and file the June, July and August 2013 maintenance contracts for the Successor Agency owned properties. \\srv-fi12k3\groups\rda\Martin Alvarez\2013\OSB\June-July-August 2013 PropMaint-Expenses doc Oversight Board Staff Report Receive and. File Summary of Executed Maintenance Contracts for June/July/August'13 September 9, 2013 Page3of3 Fiscal Analysis There is no fiscal impact as all items associated with this action are listed on the ROPS. Submitted By: ‘Martin Alvarez, Director of Economic Development Paul S. Gibson, Director of Finance Approval: Wohlmuth, Executive Director net oore, Director of Housing \\srv-fi12k3\groups\rda\Martin Alvarez\2013\OSB\June-July-August 2013 PropMaint-Expenses.doc RESOLUTION NO. OB - 049 A RESOLUTION OF THE OVERSIGHT BOARD OF DIRECTORS FOR THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY RECEIVING AND FILING THE EXECUTIVE DIRECTOR'S EXECUTED CONTRACTS FOR JUNE, JULY, AND AUGUST 2013, FOR ROUTINE MAINTENANCE AND EMERGENCY MAINTENANCE SERVICES FOR OBLIGATIONS LISTED ON THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) RECITALS: A. Pursuant to Health and Safety Code Section 34179(3), all actions taken by the Oversight Board for Successor Agency to the Palm Desert Redevelopment Agency (Oversight Board) shall be adopted by resolution. There has been presented to this Oversight Board for approval to receive and file the Executive Director's summary of executed contracts for routine maintenance and emergency maintenance services for obligations listed on the Recognized Obligation Payment Schedule (ROPS). NOW, THEREFORE, THE OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. The above recitals are true and correct and are a substantive part of this Resolution. Section 2. The Oversight Board hereby adopts Resolution No. OB - 049 receiving and filing the Executive Director's summary of executed contracts for routine maintenance and emergency maintenance services for obligations listed on the Recognized Obligation Payment Schedule (ROPS). Section 3. The staff of the Successor Agency is hereby directed to provide the State Department of Finance ("DOF") written notice and information regarding the action taken by the Oversight Board in Section 2 of this Resolution. Such notice and information shall be provided by electronic means and in a manner of DOF's choosing. Section 4. The officers of the Oversight Board and staff of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all 1 RESOLUTION NO. OB - 049 things which they may deem necessary or advisable to effectuate this Resolution. PASSED, APPROVED AND ADOPTED this day of , 2013. AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, CHAIR ATTEST: RACHELL D. KLASSEN, SECRETARY OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY 2 RESOLUTION NO. OB - 049 EXHIBIT A OVERSIGNT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY SUMMARY OF EXECUTED CONTRACTS FOR ROUTINE MAINTENANCE AND EMERGENCY MAINTENANCE SERVICES (June/July/August 2013) Property 73-697 Santa Rosa APN 627-102-019 132 Acre Site Casey's Restaurant 43-915 Portola Ave. 44-887 San Antonio Cir. 45-330 Ocotillo St. 45-330 Ocotillo St. Annta1, ContrU049 S:A.Properties' 43-845, Portola 43-895 Portola 43-915 Portola 45-330 Ocotillo St. 44-887 San Antonio Cir. 44-889 San Clemente Cir. 73-697 Santa Rosa Way Service 4 Palm Tree Pruning General Clean Up Monthly Pest Control Landscape Maintenance Irrigation Repairs/Maint. Irrigation Repairs Landscape Maint. July/August only Property Management Monthly Maintenance Monthly Maintenance Monthly Maintenance Monthly Maintenance Monthly Maintenance Monthly Maintenance Monthly Maintenance TOTAL MONTHLY CONTRACT Vendor Reliable Tree Care Quality Landscape Del's Pest Control Liberty Landscape Garza Landscape Garza Landscape Liberty Landscape RPM Monthly : Sept:2©13- June 2014 per : Landscape Garza Landscape Landscape Garza Landscape Landscape Garza Landscape Landscape Garza Landscape Landscape Garza Landscape Landscape Garza Landscape Landscape Garza Landscape Cost $75.96 $800.00 $300/yr. $3,528/yr. $126.00 $24.00 $390.00 mon. /$880.00 total $450.00/mont $5400.00/yr. $250.00 $495.00 $50.00 $290.00 $1,085.00 3 CITY OF PALM DESERT MEMORANDUM To: John M. Wohlmuth, City Manager From: Martin Alvarez, Director of Economic Development Date: August 20, 2013 Subject: Successor Agency Property Maintenance (Pueblos East) In June 2012, the Oversight Board authorized the Executive Director to approve contracts up to $5,000, for routine maintenance or emergency services on Successor Agency properties. Staff authorized the pruning of 4 palm trees at 73-697 Santa Rosa Way, to address palm tree fruit droppings and debris. The Housing Authority's' vendor, Reliable Tree Care performed the work in conjunction with the annual Housing Authority's palm tree pruning contract. With you approval, staff will pay Reliable Tree Care $75.96 for the pruning of the 4 palm trees. If this is acceptable, please sign below and return to me at your convenience. Reviewed and concur: M. Wohlmuth, City Manager you have any questions, please contact me at extension 467. Attachments: Reliable Tree Care Invoice cc: Paul Gibson, Director of Finance Veronica Tapia, Management Analyst Asrv-flt2k31proupsYde0Aartin AlvarezU0131MemosAPueb osEastpalms.doc FROM :IRIS-RICHAMI FAX NO. :788 347 2829 Aug. 02 2013 04:21FM P4 Agtri ft' /18/094ez itiRELIABLE TREE CARE 48-522 NO REAL COACHELLA CA 92238 CELL(780)a99-7180 (760) 347-2829 CAUC.915745 SIN To: SARDA PO Number Tones Dide Dasededen 1 06-02-2013 PUEBLOS EAST TRIMMED 4 FAN PALMS! AT $18.99 EACH 1 1 1 RECEIVED AUG 0 2 013 CITY OF PALM r ;sun- PUBUC WORK!' DEPT Invoice Heather. 2340 Date: Await 02, 2013 81ilp To: Howe 4.00 mint Rate Amount 18.99 75.96 Total $75.94 0 -3110** 31 -Nap 1 > *days TOM $75.96 $0.00 • $0.00 • $0.00 $75.96 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEMORANDUM To: John M. Wohlmuth, Executive Director From: Martin Alvarez, Director of Economic Development Date: June 14, 2013 Subject: Successor Agency Property Maintenance (132 acre Site) In June 2012, the Oversight Board authorized the Executive Director to approve contracts up to $5,000, for routine maintenance or emergency services on Successor Agency properties. Staff recently became aware of required maintenance a parcel owned by the Successor Agency, known as portion of the 132 acre site, A.P.N 694- 310-003 (see attached map and photographs). Staff received a bid from Quality Landscape to clean up miscellaneous debris, tumbleweeds, litter located against an existing residential block wall in the amount not to exceed $800.00. Quality Landscape, Inc. is a licensed and insured vendor that has successfully completed other similar work for the Agency. The proposed expenditures are eligible to be paid out of the approved Recognized Obligation Payment Schedule, line item 43, Project Area 1. If this is acceptable, please sign below and return to me at your convenience. Reviewed and concur: /4J If you have any questions, please contact me at extension 467. hn M. Wohlmuth, Executive Director Attachments: Quality Landscape; Inc. Proposal Map / Photographs cc: Janet Moore, Director of Housing Veronica, Tapia, Accountant 1I Pedro Rodriguez, Code Compliance Supervisor G 1rdatMarbn Averez12013W1emos%132acre-cleanup doc QUALITY Mom( DOC Post Office Box 2763 Pa lin Desert, California (750) 541-0749 Contractor, Oscar Baez invoice Submitted to: Phone No. I Date City of Palm Desert 760-346-0611, ext. 477 June 5, 2013 Code Compliance Division 73-510 Fred Waring Drive Palm Desert, CA 92260 Description: Service Charge: VERBAL PHONE BID See Scope of Work for details Case no: 13-1662 Location of property address: APN no. 694-310-003 Palm Desert, CA 92260 $800.00 Total Cost: $800.00 dy SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEMORANDUM To: John M. Wohlmuth, Executive Director From: Martin Alvarez, Director of Economic Development Date: July 9, 2013 Subject: Pest and Rodent Control Agreement for Vacant Country Village Apartment Office Building attached to Casey's Restaurant at 42-455 Washington Street for FY 2013/14 Attached please find the lowest responsive bid proposal from Del's Pest Control (Del's) in the amount of $300.00 ($25/month) for Pest and Rodent Control Services for FY 2013/2014. With approval of the attached proposal, the Successor Agency to the Palm Desert Redevelopment Agency will continue to contract with Del's to provide pest and rodent control for the vacant office building on a month to month basis. The cost remains the same as last fiscal year. The vacant office building, originally the office of the demolished Country Village Apartments, is attached to the main restaurant via a covered driveway and if there is pest or rodent intrusion, they can travel between the joists to the restaurant. Staff recommends approval of a contract for pest and rodent control services in order to provide a uniform perimeter of protection from pest/rodent infestation. The restaurant owner is responsible for maintaining protection for the rest of the facility. The proposed expenditures are eligible to be paid out of the approved Recognized Obligation Payment Schedule, line item 43, Project Area 1. fr If you are in concurrence, please sign below. Upon approval, the Agreement will be forwarded to the Contractor and then returned to you for execution. If you have any questions, please contact me at Ext. 467. hn M. Wohlmuth, Executive Director ttachments: Del's Bid Proposal cc: Veronica Tapia, Senior Management Analyst II AGREEMENT THIS AGREEMENT is made and entered into this 19thday of August 2013, by and between the Successor Agency to the Palm Desert Redevelopment Agency, Palm Desert, California, hereinafter called "Owner", and Liberty Landscape, Inc., hereinafter called "Contractor". WITNESSETH RECITALS: Whereas, on June 20. 2013, the Owner invited bids for landscape maintenance services for the Casey's Restaurant located at 42-455 Washington Street, Palm Desert, California; and Whereas, pursuant to said invitation, Contractor submitted a proposal, which was accepted by Owner for said services. 1. In strict accordance with the Contract Documents identified below, Owner has accepted said Proposal. 2. Contractor states that it has re-examined its Contractor's Proposal and found it to be correct, has ascertained that its Sub -Contractors are properly licensed and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documents for the money set forth in its Proposal to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. TERM. The term of this Agreement shall be from July 1. 2013„ through June 30. 2014, or to such later date as may be agreed in writing between parties. 2. OWNER'S OBLIGATIONS. For furnishing services for pest and rodent control, as specified in this Agreement, Owner will pay and Contractor shall receive in full compensation, therefore the total sum of two thousand, nine hundred and forty dollars ($2,940.00) for the entire 12-month duration as set forth in the Contract Documents and adopted by the Owner. Contractor shall receive the sum of two hundred and forty-five dollars ($245.00) monthly for services rendered. 3. CONTRACTOR'S OBLIGATION. For, and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by Owner, Contractor agrees with Owner to furnish the services and to do everything required by this Agreement and the Specific Terms and Conditions. 4. CONTRACT DOCUMENTS. The entire contract consists of the following: (a) The Agreement; (b) The Request for Proposals (Exhibit A); (c) The Contractor's Proposal (Exhibit B); (d) Addenda Nos. none; (e) Any Change Orders issued; (f) The Determination of Prevailing Wage Rates for Public Work; (g) Any additional or supplemental specifications, notices, instructions, and drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. G:\rda\Martin Alvarez\Casey's\LA Maint\LAMaintAgmtFY13-14.doc Page 1 of 7 5. HOLD HARMLESS AND INDEMNIFICATION. Contractor agrees to defend, indemnify, and hold harmless the City of Palm Desert, its officials, officers, employees, representatives, and agents from and against all claims, lawsuits, liabilities or damages of whatsoever nature arising out of our connection with, or relating in any manner to, any act or omission of Contractor, his agents, employees, subcontractors and employees thereof in connection with, the performance or non-performance of this Agreement. The Contractor shall thoroughly investigate any and all claims and indemnify the Owner and do whatever is necessary to protect the City of Palm Desert, its officials, officers, employees, agents, and representatives as to any such claims, lawsuits, liabilities or damages. 6. INSURANCE. Indemnity for Liability CONTRACTOR shall indemnify, protect, defend and hold harmless the City, its officials, employees, agents and representatives from and against any and all losses, liabilities, damages, costs, and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of the CONTRACTOR, its employees or subcontractors in the performance of services under this agreement. Insurance Contractor provides all payment of wages, worker's compensation insurance, social security tax, employment compensation tax, employer's liability insurance, and all other requirements of federal, state, and local government. CONTRACTOR shall, at its own cost, provide insurance, during the entire term of this Agreement, including any extension thereof, as described herein and ensure that all Subcontractors provide insurance described herein. All insurance is to be placed with insurers authorized to do business in the State of California with an A.M. Best and Company rating level of A- or better, Class VI or better, or as otherwise approved by the City. Insurance shall include the following (or broader) coverage: a) Insurance Services Office Commercial General Liability coverage "occurrence" form CG 00 01 or its exact equivalent with an edition date prior to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate. Policy shall be for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broadform property damage, products and completed operations. b) Insurance Services Office form number CA 0001 or equivalent covering Automobile Liability, including hired and non -owned automobile liability with a minimum limit of $1,000,000 per accident. If the contractor owns no vehicles, this requirement may be satisfied by a non -owned and hired auto endorsement to Contractor's commercial general liability policy. c) Workers' Compensation insurance complying with California worker's compensation laws, including statutory limits for workers' compensation and an Employer's Liability limit of $1,000,000 per accident or disease. G:\rda\Martin Alvarez\Casey's\LA Maint\LAMaintAgmtFY13-14.doc Page 2 of 7 Liability insurance policies required to be provided by the Contractor hereunder shall contain or be endorsed to contain the following provisions: a) City, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, their officers, employees, officials, agents, shall be covered as additional insureds. Coverage shall apply to any and all liability arising out of the Work or related to the Contract. Additional insured status under the general liability requirement shall be provided on Insurance Services Office Form CG 20 10 with an edition date prior to 2004, or its exact equivalent. Additional insured status for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37 with an edition date prior to 2004. b) General and automobile liability insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage will not be limited to City's vicarious liability. c) Liability coverage shall be primary and non-contributing with any insurance maintained by the City. d) Evidence of Coverage (including the workers' compensation and employer's liability policies) shall provide that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits, except after 30 days' prior written notice has been given to the City. Such provision shall not include any limitation of liability of the insurer for failure to provide such notice. e) No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of recovery prior to a Toss. Contractor waives its right of recovery against the City. f) Contractor agrees to deposit with City within fifteen days of Notice to Proceed of the Contract certificates of insurance and required endorsements. No work or services under this Agreement shall commence until (1) Contractor has provided City with any necessary insurance and required endorsements and (2) until such documents are approved by the City. g) There shall be no recourse against the City for payment of premiums or other amounts with respect to the insurance required to be provided by Contractor hereunder. Any failure, actual or alleged, on the part of the City to monitor compliance with these requirements will not be deemed as a waiver of any rights on the part of the City. City has no additional obligations by virtue of requiring the insurance set forth herein. In the event any of said policies of insurance are canceled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section to City. In the event any policy of insurance required under this Agreement 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 the City will be promptly reimbursed by Contractor, or the City will withhold amounts sufficient to pay premium from contractor payments. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. G:\rda\Martin Alvarez\Caseys\LA Maint\LAMaintAgmtFY13-14.doc Page 3 of 7 7. LITIGATION COSTS. In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. 8. TERMINATION. If, during the term of this Agreement, Owner determines that Contractor is not faithfully abiding by any term or condition contained herein, Owner may notify Contractor in writing of such defect or failure to perform, which notice must give Contractor a three-day notice of time thereafter in which to perform said work or cure the deficiency. If Contractor fails to perform said work or cure the deficiency within the three (3) days specified in the notice, such shall constitute a breach of this Agreement and Owner may terminate this Agreement immediately by written notice to Contractor to said effect. Thereafter, except as otherwise set forth herein, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligation of Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, Contractor shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received Owner's Notice of Termination, minus any offset from such payment representing the Owner's damages from such breach. Owner reserves the right to delay any such payment until completion of confirmed abandonment of the project, as may be determined in the Owner's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall Contractor be entitled to receive in excess of the compensation quoted in its bid. The Owner may terminate the contract with 30 days written notice for any reason. 9. BINDING AGREEMENT. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 10. PAYMENTS. Contractor shall be paid in the manner set forth in the Contract Documents the amount of its Proposal as accepted by Owner, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. In consideration of the faithful performance of the Work prosecuted in accordance with the provisions of the Specifications and the Contract, the Owner will pay the Contractor for all such work installed on the basis of percentage completion. Partial payments will be made monthly based on the Work accomplished as of a day mutually agreed to by the Owner and the Contractor. The Owner shall pay the Contractor within thirty (30) days after receipt of undisputed and properly submitted requests for payment from the Contractor. 11. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by this reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 12. ANTI -DISCRIMINATION. In the performance of the terms of this Agreement, Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of any person because of the age, race, color, G:\rda\Martin Alvarez\Casey's\LA Maint\LAMaintAgmtFY13-14.doc Page 4 of 7 sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. 13. AUDIT. Owner shall have the option of inspecting and/or auditing all records and other written material used by Contractor in preparing its statements to Owner as a condition precedent to any payment to Contractor. 14. AUTHORITY TO EXECUTE AGREEMENT. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes Contractor's certification that he is aware of the provisions of said Code and will comply with them; and further constitutes Contractor's certification as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which requires 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 I will comply with such provisions before commencing the performance of the work of this contract." IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. Contractor: Liberty Landscape Inc. By: e,/' Si ture to be notarized Title: Owner: SUCCESSOR AGENCY TO THE PALM DESy.RT RE Pi VELOP NT AGENCY John M. Wohlmuth Ti Ie' Executive Director By: Title: Attest By.:�; _ R: chelle D. Klassen Title: Secretary G:\rda\Martin Alvarez\Casey's\LA Maint\LAMaintAgmtFY13-14.doc Page 5 of 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Riverside On July 18, 2013 Date } before me, Stephanie D. Fisher. Notary Public Here Insert Name and Title of the Officer personally appeared Alejandro Casillas .<, STEPHANIE D. FISHER COMM. #2028911 NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY ..... ....... V My Comm. Expires June 18, 2017 V Place Notary Seal Above Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 officia(re Signature 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. hlinie D. Fisher Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: none Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ individual El Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 1 OF SIGNER Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: OF SIGNER Top of thumb here r v� E.`F,w�=e.f STATE OF CALIFORNIA }ss. COUNTY OF Rit/t.°VS(G1.6 } On - A i L3 , before me, L. i '.01ck,2i ( , a notary blic, personally appeared .h t► • WOh E mit4 who roved to me on the basis of satisfactory evidence to be the person( whose name(s) is aye subscribed to the within instrument and acknowledged to me thaashe/theyexecuted the same in i b Heir authorized capacity{aes), and that bh�erftheir signature(4)on the ins rument the person,(&,) or the entity upon behalf of which the person(& 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. z Signature 440 . • . 1‘,., ----- GRACE L. MENDOZA Commission # 1879180 Notary Public - California Riverside County My Comm. Expires Mar 2, 2014 t (This area for official notarial seal) EXHIBIT A Request for Proposals G:lydalMartin Atvarez\Casey's\LA Maint\LAMaintAgmtFY13-14.doc Page 6 of 7 Jun 28 14 1 1 : 4be L l oertLanuC:t7r l « . .. .RECEtYED • 0. ..CITY Ct'ERK'S OFFICE SUCCESSOR AGENCY TO THE PALM DESERT.. CA PALM DESERT REDEVELOPMENT AGB ION 20 114 9! 5 t 73-510 Fred Waring Drive Palm Desert,, California 92260 Telephone: 760-346-0611 Fax 760-341-6372 REQUEST FOR PROPOSALS (RFP) Work includes the labor, equipment, tools, material and incidentals (including tax) to complete the following work 42-455 Washington: • 12-month landscape maintenance contract • Maintenance of turf, shrubs, annuals, rock beds, and related areas. • Contract to provide cost per month and total suin for entire 12-month duration in bid proposal. • Contractor to provide cost per month and total slim for entire 12 month duration in bid proposal • Contractor to provide extra work pricing schedule (hourty rate) for the following labor categories in bid proposal: laborer, irrigator and st4pervisor. • Payment of prevailing wages is required. Specified materials will need to be purchased by contractor. it will be the contractor's responsibility to review the area of work to make . sure ispeoified materials are compliant and conform to the fit of the area. Any substitutions need tab be pre -approved before installation. Palen Desert business license and W-8 are required.. For additional information please contact Successor Agency to the Palm Desert RDA City of Palm Desert Attn: Martin Alvarez Director of Eponomic Development Phone: (760) 346-0611, Ext 467 Proposals requested in writing by 2:00 p.m. on Monday, July 1, 2013. Fax proposals are accepted to (760) 341-6372. Pasted: June 20, 2013 WidoVitYlin AWaeaV013V4FPVC6ItRYy umoacsiemaintivorytort 3-14IPSP pacing. Cxcy�.. -.rr.r • 4403.11.0w EXHIBIT B Contractor's Proposal Garda\Martin Alvarez\Casey's\[A Maint\LAMaintAgmtFY13-14.doc Page 7 of 7 ur) eti 1ft 11:vod I.-11.JcI .,a SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY 73-510 Fred Waring Drive Palm Desert, California 92260 Telephone:* 760-346-0611 Fax: 760-341-6372 CASEY'S LANDSCAPE MAINTENANCE FY 2013/2014 BID FORM 1. For furnishing services, as specified in this Agreement, Owner will pay and Contractor shall receive in full mpensation, therefore the total sum of 00-iitrvs� ..g lllst -C' dollars ($ P. 4+t� . Oe ) for the entire 12-month duration as set forth in the Contract Documents and adopted by the Owner. Contractor shall receive the sum of'rt.,k) Rue, • dollars ($ 45 ) monthly for services' rendered. Contract is month -to -month and may be terminated by Owner for any reason with 30 days notice. 2. Contractor shalt provide hourly rate for additional labor for the following classifications: a. Laborer 25. b. Irrigator 55.4'1' c. Supervisor 5S- `{' At the Successor Agency's discretion, additional work may be paid for using the .contractual hourly rate for labor and materials at a cost plus 15 percent mark up. Submitted bv: Company Name: Federal Tax ID: 33-Dg2DSy5\/.1.YN Representative's Name: Signature: Date: VI ( eaan•Nralage1wpscesete 1. . . 1.1 , Frt2o-mtaawvdmaigewonaFYE101314.dam CITY OF PALM DESERT MEMORANDUM To: John M. Wohlmuth, City Manager From: Martin Alvarez, Director of Economic Development Date: August 20, 2013 Subject: 43-915 Portola Avenue / 44-887 San Antonio Circle (vacant lot) The Successor Agency (SA) owns 43-915 Portola Avenue and 44-887 San Antonio Circle (vacant lot with palm trees). The existing monthly maintenance contract expired at the end of June 2013. A comprehensive request for proposals for all SA properties was issued in June 2013 and proposals have been reviewed. A new contract for all Successor Agency properties requiring monthly maintenance will be presented to the Oversight Board Meeting in September 2013. Staff recently addressed emergency irrigation repairs and lawn service at 43-915 Portola. Staff also addressed an irrigation repair at 44-887 San Antonio Circle to comply with property maintenance requirements. Staff had the former landscape vendor address the emergency irrigation repairs and mow the lawn at the Portola property in the interim, until the Oversight Board approves a new annual contract in September. With your approval, staff will be authorized to pay Garza Landscaping, Inc. in the amount not to exceed $150.00 for the emergency repairs and lawn service at the above properties. If approved, this expenditure will be charged to Account No. 703-4341-433- 4001 and the City may receive reimbursement for this expenditure from the ROPS, Project Area 1, line 43, if the property is sold or transferred back to the Successor Agency. If you have any questions, please contact me at extension 467. R- iewed and concur: io n M. Wohlmuth, City Manager ttachments: Garza Landscaping Invoices cc: Paul. Gibson, Director of Finance Veronica Tapia, Management Analyst G 1rda\Martin Alvarez12013\MemoslSA-43915PortolaRepairs doc Garza Landscaping Inc. 81-101 Indio Blvd B-1 Indio, CA 92201 Lic # 437953 760 775-9988 Bill To City of Palm Desert Att: Public Works 73-510 Fred Waring Dr. Palm Desert, CA. 92260 Quantity P.O. No. Description Invoice Terms Due on receipt Rate Replaced a broken valve that was stuck on and capped 5 sprinklers on the side yard that were not needed at 43-845 Portola Ave Palm Desert 2 2 hrs @ $24.00 per hr parts from stock RECEIVED AU(', 0 5 2013 CITY 01PALM DESERT PUBUC WORKS DEPT City of Palm Desert Public Works Department Approve for Payment Ordered By Approved By Date 7/31/2013 Landscape Acct. No. Descrip Approv -inspector 24.00 30.00 Processing I Sr. Inspe.lor Total Invoice # 3038 Project Amount 48.00 30.00 $78.00 Garza Landscaping Inc. 81-101 Indio Blvd B-1 Indio, CA 92201 Lic # 437953 760 775-9988 BiII To City of Palm Desert Att: Public Works 73-510 Fred Waring Dr. Palm Desert, CA. 92260 Quantity Mowed lawn at 43-915 Portola 2 2 hrs a. $24.00 per hr. RECEIVED AL0 i 5 2013 CGtTY OF PALM DESERT Economic Development P.O. No. Description ECCNO'.1,C. Payment A._:,t)/oval Terms Due on receipt Rate Total Date 8/13/2013 24.00 Invoice Invoice # 3044 Project Portola homes Amount 48.00 $48.00 08/26/2013 02:56 7603420722 GARZA PAGE 01/01 Garza Landscaping Inc. 81-101 Indio Blvd B-1 Indio, CA 92201 Lic # 437953 760 775-9988 Bill To City of Palm Desert Att: Public Works 73-510 Fred Waring Dr. Patio Desert, CA. 92260 P.O. No. Quantity Description * Service call to repair a broken sprinkler at 44-887 San Antonio 1 1 hr @ $24.00 per hr ECONOMIC DEVELOPMENT Payment AppTOV'OI Date I8/13/2013 Terms Due on receipt Rate Total Invoice Invoice # 3047 Project Amount 24.00 24.00 $24.00 CITY OF PALM DESERT MEMORANDUM To: John M. Wohlmuth, City Manager From: Martin Alvarez, Director of Economic Development Date: August 14, 2013 Subject: Adobe Villas Apartments (45-330 Ocotillo Street) The Successor Agency (SA) owns Adobe Villas, an un-occupied 12 unit apartment complex located at 45-330 Ocotillo Street. RPM provides property management and oversight services of the property. Liberty Landscaping, Inc. provides routine landscape maintenance services for $390.00 per month. The existing maintenance contract expired at the end of June 2013. A comprehensive request for proposals for all SA properties was issued in June 2013 and proposals are currently under review. A new contract for all Successor Agency property requiring monthly maintenance, covering the remaining part of the fiscal year will be presented to the Oversight Board Meeting in September 2013. With your approval, staff will authorize Liberty Landscaping, Inc. to continue the landscape services for the months of July and August at the same cost per month ($390.00). If approved, this expenditure will be charged to Account No. 451-4341-433- 4001 and the City may receive reimbursement for this expenditure from the ROPS, Project Area 1, line 43, if the property is sold or transferred back to the Successor Agency. 4i4kA5 0( 7(4 Iva/ ,'i3 4fi 4P5 Reviewed and concur: afrit via r 5 e 1-cf/ � �T c l . 20 /g , t%h a/ /ye- G) d- '/ d .rkou. .7 ohn M. Wohlmuth, City Manager If you have any questions, please contact me at extension 467. \\srv-fi12k3\groupsVda Martin Alvarez \2013\Memos\SA-AdobeVillasLanclMo doc ...11,....