PUBLIC OUTREACH/URBAN PLANNING SERVICES
DESERT HOT SPRINGS ACTIVE TRANSPORTATION SAFETY AND CONNECTIVITY PLAN CRA P#2024.110
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Project Schedule
Project Schedule
Aug Sept Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Oct Task 1 Project Administration
1.1 Project Management Plan
1.2 Project Team Meetings
1.3 Invoicing and Progress Reports
Task 2 Existing Conditions and Multimodal Needs Assessments
2.1 State, Regional, and Local Agency Plan/Policy Review
2.2 Inventory and Data Collection
2.3 Demographics and equity
2.4 Multimodal Needs Assessments
2.5 Needs Analysis Summary
2.6 Existing Conditions Report
Task 3 Public Engagement
3.1 Stakeholder Engagement Plan
3.2 Conduct Community Outreach
3.3 Project Website, Social Media, Town Hall, Outreach Surveys
3.4 Public Engagement Report
Task 4 Recommendations and Implementation
4.1 Goal and Policy Development
4.2 Recommendations
4.3 Project Prioritization
4.4 Priority Project Sheets and Cost Estimates
4.5 Implementation Strategy
Task 5 Draft Plan
5.1 Prepare Draft Active Transportation Safety and Connectivity Plan
5.2 Draft Active Transportation Safety and Connectivity Plan Review Period
5.3 Revisions to Active Transportation Safety and Connectivity Plan Task 6 Final Plan and Adoption
6.1 Planning Commission Public Meeting
6.2 Council Review and Approval
6.3 Delivery of Final Plan to Caltrans and Closeout Audit 2024 2025
Task No. Task Name
Item Number: 7.
Appendix A
• Resumes
Item Number: 7.
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Andrew specializes in multimodal transportation planning and safety analysis. He manages mobility projects including multimodal corridor plans, safety studies, active transportation plans, circulation/mobility elements, traffic studies, and health-related research. Andrew’s expertise includes long-range multimodal planning, street design, collision analysis, countermeasure identification and project prioritization, community engagement, and project management.
Andrew’s communication skills and consensus-building techniques allow him to collaborate with community members and agency staff on a wide range of transportation topics. He provides valuable contributions to all project phases and can usher a diverse set of projects to successful completion.
RELEVANT PROJECT EXPERIENCE
Santee Active Transportation Plan, Santee, CA: Project Manager – The Active Transportation Plan identified goals, strategies, and implementation measures intended to improve pedestrian and bicycle mobility. Infrastructure recommendations consist of a comprehensive bicycle network with inter- and intra-community connections that accommodates cyclists of all skill levels and abilities, and a sidewalk infill program that prioritizes missing links and guides the City to a complete and accessible sidewalk network. A series of at-grade crossing enhancements are proposed to improve safety and enhance access to the San Diego River Trail. The ATP was adopted by the City Council in early 2021.
El Cajon Active Transportation Plan, El Cajon, CA: Project Manager – CRA collaborated with the City of El Cajon to prepare their inaugural Active Transportation Plan. The plan seeks to improve mobility for people walking, riding bikes, and accessing transit services throughout El Cajon. The community engagement approach was nimble and adaptive to COVID-19 conditions, with input collected through online surveys, a diverse project working group, one-on-one stakeholder interviews, and online and pop-up workshops.
Project recommendations include a sidewalk infill program, intersection crossing enhancements, a comprehensive bicycle network, and programmatic recommendations. Recommendations were prioritized using safety and demand inputs, while also considering benefits to social equity focus communities. Project sheets were created for the highest priority projects, consisting of conceptual graphics, descriptions, location maps, and cost estimates. The ATP was unanimously approved by City Council in April 2022.
Chula Vista Active Transportation Plan, Chula Vista, CA: Deputy Project Manager – CRA served as the prime consultant for the City of Chula Vista’s Active Transportation Plan. The project entailed working with local community members and project stakeholders to identify existing issues related to pedestrian and bicycle mobility. Recommendations were devised to address the identified issues, improve multimodal safety, and encourage active transportation trips. The Plan serves as a unifying document for active transportation projects in Chula Vista with prioritized recommendations that aimed for both near-term and longer-term implementation.
The Plan was unanimously adopted by the Chula Vista City Council in May 2020.
EXPERIENCE
11 years
EDUCATION
Master of City
Planning, San Diego
State University, San
Diego State University
BA, International
Security and Conflict
Resolution, San Diego
State University
ACCREDITATIONS
American Institute
of Certified Planners
(AICP), #31154
AFFILIATIONS
American Planning
Association (APA)
Andrew Prescott AICP
Project Manager
Item Number: 7.
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DESERT HOT SPRINGS ACTIVE TRANSPORTATION SAFETY AND CONNECTIVITY PLAN CRA P#2024.110 Appendix A
Monique, a founding Principal at CRA, is an award-winning project manager who has led numerous mobility planning and engineering projects focused on active transportation and safety. A registered engineer and seasoned mobility planner, or “plan-gineer,” Monique has overseen dozens of complex and multidisciplinary projects including active transportation plans, safety studies, mobility elements, corridor studies, transportation impact analyses, operational and demand assessments, conceptual engineering, master plans, and specific plans. A supportive collaborator and strategic thinker, Monique has amassed a wealth of experience providing planning and engineering leadership for public and private sector clients.
RELEVANT PROJECT EXPERIENCE
Downtown San Diego Mobility Plan, Civic San Diego, San Diego, CA: Project Manager –This plan identified a multimodal mobility network and established policies, programs and projects to improve overall mobility throughout the Downtown San Diego area for all modes. It is supported by well-connected “layered” networks across the community, providing multimodal mobility that minimizes conflicts and provides for comfortable and convenient travel choices. The plan was unanimously approved by the San Diego City Council in July 2016, and won numerous planning project awards from WTS, Circulate San Diego, AEP, and ITE. Phase I (three sets of two-way cycle tracks) have been implemented.
Vision Zero 2017 Priority Corridors Technical Analysis, LADOT, Los Angeles, CA: Project Manager – CRA prepared a Technical Analysis for 14 priority High Injury Network corridors in support of the 2017 Vision Zero initiative. The recommended safety improvements employ strategies such as reduction of travel or peak-hour lanes to accommodate alternative travel modes such as bus-only or bike lanes, and on-street parking modifications. Context appropriate corridor-specific safety improvements were determined. The report documents project impact significance, motorists change in delay, and corridor travel time implications due to implementation. An NEPA document was also prepared for the Main Street corridor.
LA Metro Active Transportation (MAT) Program Cycle 1 Active Transportation Corridors (ATC) Delegated Projects - Avalon-MLK-Gage Corridor and Redondo Beach Boulevard, Los Angeles County, CA: Project Manager & Principal-in-Charge – CRA is working closely with Metro, LADOT, LACDPW, the cities of Redondo Beach and Lawndale, City Council offices, various CommunityBased Organizations (CBOs), and community members to develop safety and mobility solutions for these corridors. In the case of the MLK-Gage Corridor, recommendations may include active transportation infrastructure, such as cycle tracks, bike lanes, bike signals, and pedestrian-activated beacons, traffic calming measures, left-turn signals, bus islands, etc. The project team has completely existing conditions analyses and is in the process of conducting a series community engagement events including project surveys and pop-ups.
Euclid Avenue (SR-83) Systemic Safety Analysis Report Program (SSARP), City of Ontario, CA: Project Manager – Provided an analysis of over 400 records along the nearly 5-mile-long corridor in the City of Ontario. Multimodal counts were conducted to aid in the calculation of collision rates at intersections and segments
EXPERIENCE
26 years
EDUCATION
BS, Civil Engineering,
University of Arizona
ACCREDITATIONS
Professional Engineer
(Traffic), California
#TR2272
AFFILIATIONS
Women’s
Transportation Seminar
(WTS)
Institute of
Transportation
Engineer (ITE), Program
Chair
Monique Chen TE
Principal-in-Charge
Item Number: 7.
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DESERT HOT SPRINGS ACTIVE TRANSPORTATION SAFETY AND CONNECTIVITY PLAN CRA P#2024.110 Appendix A
Monique Chen, PE
Principal-in-Charge + QA/QC Manager CONTINUED
and to better understand exposure. Safety improvements or countermeasures will be proposed to address high collision locations or features throughout the corridor found to contribute to collisions. The data collection effort, analysis approach and findings, and resulting recommendations will be compiled into a comprehensive Caltrans compliant report, that provides the City with planned projects that will contribute to improved safety along the Euclid Avenue corridor.
Chula Vista Active Transportation Plan, Chula Vista, CA: Project Manager – CRA served as the prime consultant for the City of Chula Vista’s Active Transportation Plan. The project entailed working with local community members and project stakeholders to identify existing issues related to pedestrian and bicycle mobility. Recommendations were devised to address the identified issues, improve multimodal safety, and encourage active transportation trips. The Plan serves as a unifying document for active transportation projects in Chula Vista with prioritized recommendations that aimed for both near-term and longer-term implementation. The Plan was unanimously adopted by the Chula Vista City Council in May 2020.
Wildomar Mobility Plan, Wildomar, CA: Project Manager – CRA led development of the Wildomar Mobility Plan, which sets a unified mobility framework in motion for the rapidly growing City of Wildomar. The Plan comprises two connected deliverables, including the City’s first Active Transportation Plan and first Mobility Element. The Active Transportation Plan identifies a prioritized bicycle and pedestrian network for the City, while the Mobility Element positions a complete streets-driven approach for building out the City’s roadway network, including locations where signalization or upgrading is required. Outreach consisted of pop-up events, walk and bike audits, on-line and in-person surveys, six technical advisory committee meetings, and two virtual public workshops. A GoHuman demonstration event was also hosted to familiarize community members with recommended improvements. The project was unanimously adopted by City Council in June 2021.
Kumeyaay Corridor (I-8) Comprehensive Multimodal Corridor Plan (CMCP), SANDAG, San Diego, CA: Project Manager – CRA is collaborating with SANDAG and Caltrans to prepare a comprehensive multimodal corridor plan for an approximately 2-mile buffered area surrounding Interstate 8 between the western terminus and Los Coches Road in Lakeside. The multijurisdictional project aims to guide development of an innovative transportation network through the central San Diego region. This data driven effort involves evaluating all travel modes to identify key issues and offer solutions to reduce congestion, improve safety, support climate action initiatives, provide transportation options, and increase multimodal access to destinations throughout the study area. CMCPs serve as integral components to further the 5 Big Moves vision set forth in SANDAG’s 2021 Regional Plan. The Kumeyaay Corridor CMCP will position local and regional agencies for a variety of grant funding sources, including SB1.
City of San Diego Traffic Engineering As-Needed Services, San Diego, CA: Contract Manager – CRA currently provides as-needed traffic engineering services for the City of San Diego Planning Department. Task orders from this contract have focused on long-range mobility planning projects including mobility element updates, corridor studies, and mobility research projects. Task orders recently managed by Monique include:
Mission Valley Community Plan Update Mobility Element TIS & EIR Kearny Mesa Community Plan Update Mobility Element TIS & EIR Multimodal Evaluation Guidelines
Pedestrian and Bicycle Demand/Propensity Models
Person Trip Generation Assessment
Southeastern and Encanto Community Plan Update Mobility Element TIS & EIR Item Number: 7.
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Cat has 11 years of experience providing strategic planning and architectural design services to municipalities, transit agencies, and campuses. She is experienced in multi-modal planning and conceptual design, alternatives analysis, public outreach and stakeholder interviews, public realm design, ADA and life safety compliance, long-range planning, zoning, and visual communications.
She has a broad range of communication and analytical skills that allow her to work with multi-disciplinary teams to develop and deliver innovative projects. Her recent work includes the Murrieta Creek Multi-use Trail, the 24th Street Transit Oriented Development Overlay, San Marcos’ Speed Cushion Policy, the El Cajon Active Transportation Plan, the El Centro General Plan Mobility update, and the Santee Active Transportation Plan.
RELEVANT PROJECT EXPERIENCE
Metro Complete Streets Training, Los Angeles, CA: Transportation Planner – CRA is leading training for cities throughout Los Angeles County on the principals, policies and design of Complete Streets. In this program, the CRA team trains hundreds of engineers and planners on behalf of Metro. The training consists of CRA’s policy and design experts sharing their knowledge and answering questions paired with educational interactive activities including hands-on exercises. Cat assisted in the development of the educational materials and facilitates planning and design breakout sessions.
Los Angeles County Rail Network Integration Plan, LA Metro, Los Angeles, CA: Deputy Project Manager/Transportation Planner – Conducting research to better understand the local and regional conditions including assisting with the extensive outreach effort with state, regional, and local agencies. CRA is preparing a multi-year study to integrate Metro’s existing and planned transit corridors with Metrolink’s programs and the anticipated California High Speed Rail project investments. The study will determine optimal rail and multimodal connectivity and operations options, infrastructure needs, and community benefits for service within Los Angeles County and the surrounding counties.
Metro Active Transportation Strategic Plan Update, LA Metro, Los Angeles, CA: Transportation Planner – Developed innovative outreach tools to help facilitate data collection and project understanding. CRA recently updated LA Metro’s multijurisdictional Active Transportation Strategic Plan (ATSP). The ATSP supports the agency’s mission to provide a world-class transportation system that enhances quality of life for all who live, work, and play within LA County. The ATSP update encompasses plans for regional bikeways and first/last mile connectivity, as well as local plans. CRA developed policies, performance metrics, and active transportation networks informed by a multi-pronged outreach effort.
EXPERIENCE
11 years
EDUCATION
Master of Urban &
Regional Planning,
University of California,
Los Angeles
Bachelor of
Architecture,
Rensselaer Polytechnic
Institute, New York
ACCREDITATION
American Institute
of Certified Planners
(AICP), #317971
AFFILIATIONS
American Planning
Association (APA), Los
Angeles Section – Vice
Director At-Large
Awards (2021-2024)
American Institute of
Architects (AIA), Los
Angeles and National
Cat Callaghan AICP
Deputy Project Manager
Item Number: 7.
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Ross specializes in the design of transportation and public works projects. He has led and managed many multi-disciplinary projects involving Complete Streets, Green Streets, separated bikeways, pedestrian improvements, multi-modal safety, traffic engineering, stormwater management, and traffic calming. His extensive experience developing construction documents equips him with the ability to provide valuable insights related to constraints and opportunities early in the project lifecycle. Ross is a strategic thinker, judicious leader, supportive colleague, and effective communicator with clients and community members.
RELEVANT PROJECT EXPERIENCE
College Blvd Multi-Modal Improvements, Oceanside, CA: Project Manager – Leading the preliminary and final engineering design for the College Boulevard Multi-Modal Improvements project. The project spans 2.5 miles and is currently a four-lane roadway with Class 2 bike lanes and attached sidewalks. The corridor has over 30,000 ADT and prevailing speeds of 45 miles per hour. The project will accomplish a variety of goals. Firstly, throughout the entire length of the project the Class 2 bike lanes will be replaced with one-way-separated-sidewalk-level raised cycle tracks. Protected intersections with bicycle signals are being designed at the nine signalized intersections. Other improvements include new corridor street lighting, LID storm water management, new landscaping and street trees, and utility relocations.
Leucadia Blvd Roundabout, Encinitas, CA: Project Manager – Leading the consultant team for final design engineering of a proposed roundabout for the intersection of Leucadia Boulevard and Hygeia Avenue in the City of Encinitas. The design elements include construction of BMP retention basins, LID design features, and landscape and irrigation improvements, Class II buffered bike lanes, and corridor street lighting. The design also included utility coordination and design, as well as community engagement.
SR 86 Vision Blueprint, Imperial, CA: Civil Lead – Develop a comprehensive land use, zoning, and circulation strategy for SR 86 within the City of Imperial. SR 86 today is four-lane roadway with little consideration for pedestrians, cyclists or other users. CRA is developing a Complete Streets vision that re-imagines the right-ofway as a space that provides significant traffic calming, a dedicated pedestrian sidewalk, a separated bikeway, lighting, and LID storm water management. SR 86’s character will be transformed to encourage economic development, highlight Imperial as a destination, and increase the community’s ability to walk and bike throughout the downtown core, and engage in healthy recreation.
El Cajon Blvd Streetscape, El Cajon, CA: Project Manager – Design of an innovative roundabout at the El Cajon Boulevard/Johnson Avenue intersection and a road diet and streetscape enhancements along El Cajon Boulevard to foster the revitalization of an urban village along the boulevard.
EXPERIENCE
19 years
EDUCATION
BS, Civil Engineering,
Florida State University
ACCREDITATIONS
Professional Engineer
(Civil), California
#84324
AFFILIATIONS
American Public Works
Association (APWA)
Ross Duenas PE
Principal Design Engineer
Item Number: 7.
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Sasha has extensive experience in mobility planning, parking, active transportation, mobility hubs, traffic safety, traffic engineering, and public transportation. He has made contributions in creative and methodical roles, including as a writer, analyst, graphics maker, data scientist, public facilitator, and project manager. An experienced GIS practitioner, Sasha has developed innovative metrics and performance measures including pioneering the Destination-Based Parking Occupancy measure. Sasha sees things from the perspectives of all road users enabling him to find solutions for challenges that cities and towns encounter as their transportation systems evolve problems that cities and towns are facing as their transportation systems evolve.
RELEVANT PROJECT EXPERIENCE
LA Metro Active Transportation Strategic Plan Update, Los Angeles County, CA: Transportation Planner – This plan has three key phases: updating Goals & Objectives; updating the Active Transportation Networks including refining proposed bikeways and first last mile improvements, and adding proposed regional pedestrian districts; and developing an Implementation Strategy to guide shortterm success and overall project prioritization. Extensive community engagement was conducted by a 100+ member Technical Working Group as well as multiple subregional meetings and public workshops. A key aspiration is to lead the region toward more equitable and higher-quality transportation environments.
LADOT Vision Zero 2017 Priority Corridors Technical Analysis, Los Angeles, CA:
Transportation Planner/GIS/Graphics – CRA prepared a Technical Analysis for 14 priority High Injury Network corridors in support of the 2017 Vision Zero initiative.
The recommended safety improvements employ strategies such as reduction of travel or peak-hour lanes to accommodate alternative travel modes such as bus-only or bike lanes, and on-street parking modifications. Context appropriate corridor-specific safety improvements were determined. The report documents project impact significance, motorists change in delay, and corridor travel time implications due to implementation.
Metro Business Solution Center Analysis, Los Angeles County Metropolitan Transportation Authority (LACMTA), CA: Lead Transportation Planner/GIS Specialist – Sasha established a framework within GIS for identifying politically and economically disadvantaged areas and utilized network analysis to identify optimal locations to site business solution centers within the Los Angeles region during light rail and BRT construction years. Sasha also processed and cleaned the LA-Countywide, 20,000-record database of small businesses to spatially analyze cost, impacts.
SCAG Active Transportation Regional Database, SCAG Region: Lead Transportation Planner/GIS Specialist – CRA assisted with the development of a regional active transportation database and mobile application framework for the SCAG region. The effort served to integrate pedestrian data and automated counters, improve the user interface, support mobile application integration, provide local agencies with a tool to complete ATP grant applications, and support regional bicycle and pedestrian modeling efforts, including the LA Metro Bicycle Model.
EXPERIENCE
16 years
EDUCATION
MA, City Planning, San
Diego State University
BA, Sociology and
Metropolitan-Urban
Studies, Augsburg
University
ACCREDITATION
American Institute
of Certified Planners
(AICP), #31753
AFFILIATIONS
Institute of
Transportation
Engineers (ITE)
Sasha Jovanović AICP
Senior Mobility Planner
Item Number: 7.
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Jenny leads outreach visioning to support mobility planning and placemaking projects. She focuses on helping communities create vision, change, and implement innovative solutions to create transformative places. Through her background in facilitation, visual graphics and communication along with her urban design and planning expertise, she has developed a balanced skillet to bring forward community visions.
Jenny brings her passion for working with a variety of stakeholders including community-based organizations (CBOs), residents, businesses, chambers of commerce, and school districts to the technical planning process. As a certified facilitator and 18 years in community-based projects, Jenny brings together extensive experience including leveraging social media, text-based outreach, virtual engagement, and in-person demonstration and pop-up strategies to increase visibility and reach of projects.
RELEVANT PROJECT EXPERIENCE
La Mesa Blvd Complete Streets Plan, City of La Mesa, La Mesa, CA:* Project Manager – CRA developed a three-year training program for Complete Street policy and implementation to support Metro. Jenny led the curriculum development, internal discussions reviewing Complete Streets best practices, and developing the training framework and training materials. Through nearly six months of planning, the 2022 Metro Complete Streets Trainings were conducted in June. Due to the overwhelming number of registrants, a second training was provided in July 2022. These trainings reached cities and departments all over the Southern California region and over 200 participants attended the trainings.
Day 1 focused on Complete Streets planning and policy development while Day 2 focused on Complete Streets design and engineering. Each day included an interactive break out session to help participants better understand the development process on both the planning side as well as the design side.
LA Metro Active Transportation (MAT) Program Cycle 1 Active Transportation Corridors (ATC) Delegated Projects - Avalon-MLK-Gage Corridor and Redondo Beach Boulevard, Los Angeles County, CA: Community Engagement Lead – CRA is working closely with Metro, LADOT, LACDPW, the cities of Redondo Beach and Lawndale, City Council office, various Community-Based Organizations (CBOs), and community members to develop safety and mobility solutions for these corridors. In the case of the MLK-Gage Corridor, recommendations may include active transportation infrastructure, such as cycle tracks, bike lanes, bike signals, and pedestrian-activated beacons, traffic calming measures, left-turn signals, bus islands, etc. The project team has completely existing conditions analyses and is in the process of conducting a series community engagement events including project surveys and pop-ups.
SCAG Zero Emissions Truck Study, Southern CA: Community Engagement Lead – This effort seeks to define a regional action plan for a Zero Emissions medium- and heavy-duty vehicle charging and fueling network throughout the SCAG region. The network will reflect both known and anticipated truck volumes and operational patterns, addresses policy, regulatory, and market barriers, and can be implemented incrementally in response to technology, market, and regulatory changes.
Jenny An CPF, LCI, LEED Green, RA
Public Outreach Specialist
EXPERIENCE
19 years
EDUCATION
MS, Architecture,
Andrews University
BS, Architecture,
Andrews University
ACCREDITATION
IAF Public Facilitator
League of American
Bicyclists Certified
Instructor
LEED Green Certified
Registered Architect,
California #C32950
Item Number: 7.
SAN DIEGO
3900 Fifth Avenue, Suite 310
San Diego, CA 92103
LOS ANGELES
714 W Olympic Boulevard, Suite 609
Los Angels, CA 90015
ASSOCIATES ASSOCIATES
Item Number: 7.
City of Desert Hot Springs
Active Transportation Safety & Connectivity Plan
Bid Proposal
Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Task 1 Project Administration 10 $ 3,300 80 $ 16,400 84 $ ‐ 15,960 ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ 18 $ 2,880 192 $ 38,540
1.1 Project Management Plan 2 $ 660 8 $ 1,640 12 $ ‐ 2,280 ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ 22 $ 4,580
1.2 Project Team Meetings 8 $ 2,640 54 $ 11,070 54 $ ‐ 10,260 ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ 116 $ 23,970
1.3 Invoicing and Progress Reports ‐ ‐ $ 18 $ 3,690 18 $ ‐ 3,420 ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ 18 $ 2,880 54 $ 9,990 Task 2 Existing Conditions and Multimodal Needs Assessments 12 $ 3,960 58 $ 11,890 64 $ ‐ 12,160 ‐ $ 50 $ ‐ 10,250 ‐ $ 68 $ ‐ 10,200 ‐ $ 8 $ 1,320 208 $ 31,200 112 $ ‐ 15,120 ‐ $ 580 $ 96,100
2.1 State, Regional, and Local Agency Plan/Policy Review ‐ ‐ $ 2 $ 410 4 $ ‐ 760 ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ 8 $ 1,200 24 $ ‐ 3,240 ‐ $ 38 $ 5,610
2.2 Inventory and Data Collection ‐ ‐ $ 2 $ 410 4 $ ‐ 760 ‐ $ 4 $ ‐ 820 ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ 60 $ ‐ 9,000 ‐ $ ‐ ‐ $ 70 $ 10,990
2.3 Demographics and Equity 2 $ 660 2 $ 410 4 $ ‐ 760 ‐ $ 4 $ ‐ 820 ‐ $ 16 $ ‐ 2,400 ‐ $ ‐ ‐ $ 16 $ 2,400 16 $ ‐ 2,160 ‐ $ 60 $ 9,610
2.4 Multimodal Needs Assessments 6 $ 1,980 20 $ 4,100 12 $ ‐ 2,280 ‐ $ 30 $ ‐ 6,150 ‐ $ 20 $ ‐ 3,000 ‐ $ 8 $ 1,320 100 $ 15,000 16 $ ‐ 2,160 ‐ $ 212 $ 35,990
2.5 Needs Analysis Summary 2 $ 660 16 $ 3,280 16 $ ‐ 3,040 ‐ $ 8 $ ‐ 1,640 ‐ $ 16 $ ‐ 2,400 ‐ $ ‐ ‐ $ 8 $ 1,200 16 $ ‐ 2,160 ‐ $ 82 $ 14,380
2.6 Existing Conditions Report 2 $ 660 16 $ 3,280 24 $ ‐ 4,560 ‐ $ 4 $ ‐ 820 ‐ $ 16 $ ‐ 2,400 ‐ $ ‐ ‐ $ 16 $ 2,400 40 $ ‐ 5,400 ‐ $ 118 $ 19,520 Task 3 Public Engagement 20 $ 6,600 78 $ 15,990 150 $ ‐ 28,500 ‐ $ 6 $ 1,230 66 $ 16,830 24 $ 3,600 24 $ 4,440 24 $ 3,960 36 $ 5,400 96 $ ‐ 12,960 ‐ $ 524 $ 99,510
3.1 Stakeholder Engagement Plan 1 $ 330 2 $ 410 4 $ ‐ 760 ‐ $ ‐ ‐ $ 4 $ ‐ 1,020 $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ 20 $ ‐ 2,700 ‐ $ 31 $ 5,220
3.2 Conduct Community Outreach 12 $ 3,960 60 $ 12,300 80 $ ‐ 15,200 ‐ $ ‐ ‐ $ 40 $ 10,200 24 $ 3,600 24 $ 4,440 24 $ 3,960 24 $ 3,600 24 $ ‐ 3,240 ‐ $ 312 $ 60,500
3.3 Project Website, Social Media, Town Hall, Outreach Surveys 6 $ 1,980 12 $ 2,460 60 $ ‐ 11,400 ‐ $ 6 $ 1,230 16 $ ‐ 4,080 ‐ $ ‐ ‐ $ ‐ ‐ $ 12 $ 1,800 28 $ ‐ 3,780 ‐ $ 140 $ 26,730
3.4 Public Engagement Report 1 $ 330 4 $ 820 6 $ ‐ 1,140 ‐ $ ‐ ‐ $ 6 $ ‐ 1,530 ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ 24 $ ‐ 3,240 ‐ $ 41 $ 7,060 Task 4 Recommendations and Implementation 16 $ 5,280 84 $ 17,220 128 $ 24,320 36 $ 10,800 60 $ 12,300 14 $ 3,570 112 $ 16,800 20 $ ‐ 3,700 ‐ $ 88 $ 13,200 36 $ ‐ 4,860 ‐ $ 594 $ 112,050
4.1 Goal and Policy Development 4 $ 1,320 24 $ 4,920 60 $ ‐ 11,400 ‐ $ 20 $ 4,100 12 $ 3,060 24 $ ‐ 3,600 ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ 144 $ 28,400
4.2 Recommendations 6 $ 1,980 32 $ 6,560 40 $ 7,600 12 $ 3,600 16 $ 3,280 2 $ 510 48 $ ‐ 7,200 ‐ $ ‐ $ 32 $ ‐ 4,800 ‐ $ ‐ ‐ $ 188 $ 35,530
4.3 Project Prioritization 2 $ 660 4 $ ‐ 820 ‐ $ 2 $ 600 4 $ ‐ 820 ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ 16 $ ‐ 2,400 ‐ $ ‐ ‐ $ 28 $ 5,300
4.4 Priority Project Sheets and Cost Estimates 2 $ 660 20 $ 4,100 20 $ 3,800 20 $ 6,000 20 $ ‐ 4,100 ‐ $ 40 $ 6,000 20 $ ‐ 3,700 ‐ $ 40 $ 6,000 20 $ ‐ 2,700 ‐ $ 202 $ 37,060
4.5 Implementation Strategy 2 $ 660 4 $ 820 8 $ 1,520 2 $ ‐ 600 ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ 16 $ ‐ 2,160 ‐ $ 32 $ 5,760 Task 5 Draft Plan 9 $ 2,970 41 $ 8,405 74 $ ‐ 14,060 ‐ $ 10 $ ‐ 2,050 ‐ $ 52 $ ‐ 7,800 ‐ $ ‐ ‐ $ 48 $ 7,200 100 $ ‐ 13,500 ‐ $ 334 $ 55,985
5.1 Prepare Draft Active Transportation Safety and Connectivity Plan 8 $ 2,640 32 $ 6,560 60 $ ‐ 11,400 ‐ $ 8 $ ‐ 1,640 $ 40 $ ‐ 6,000 ‐ $ ‐ ‐ $ 40 $ 6,000 80 $ ‐ 10,800 ‐ $ 268 $ 45,040
5.2 Draft Active Transportation Safety and Connectivity Plan Review Period ‐ ‐ $ 1 $ 205 2 $ ‐ 380 ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ 4 $ ‐ 540 ‐ $ 7 $ 1,125
5.3 Revisions to Active Transportation Safety and Connectivity Plan 1 $ 330 8 $ 1,640 12 $ ‐ 2,280 ‐ $ 2 $ ‐ 410 ‐ $ 12 $ ‐ 1,800 ‐ $ ‐ ‐ $ 8 $ 1,200 16 $ ‐ 2,160 ‐ $ 59 $ 9,820 Task 6 Final Plan and Adoption 2 $ 660 16 $ 3,280 3 $ ‐ 570 ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ $ 2 21 $ 4,512
6.1 Planning Commission Public Meeting 1 $ 330 8 $ 1,640 2 $ ‐ 380 ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ 11 $ 2,350
6.2 Council Review and Approval 1 $ 330 6 $ 1,230 1 $ ‐ 190 ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ 8 $ 1,750
6.3 Delivery of Final Plan to Caltrans and Closeout Audit ‐ ‐ $ 2 $ ‐ 410 ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ ‐ $ ‐ $ 2 2 $ 412 69 22,770 $ 357 73,185 $ 503 95,570 $ 36 10,800 $ 126 25,830 $ 80 20,400 $ 256 38,400 $ 44 8,140 $ 32 5,280 $ 380 57,000 $ 344 46,440 $ 18 2,882 $ 2245 406,697 $ $ 400
$ 2,010
$ 2,410
$ 409,107
Community Engagement Materials
Travel
Direct Cost Subtotal
Labor Subtotal
CRA Total
Direct Cost Expenses
Ross Duenas
$300.00
Assistant Design
Engineer
Kevin Roque
$185.00
Senior Mobility
Planner
Public Outreach
Specialist Mobility Planner Principal Design Engineer
Sasha Jovanovic
$205.00
Jenny An Ana Garate
$255.00 $150.00
No. Task Description
Principal‐in‐Charge +
QA/QC Project Manager Deputy Project Manager
$330.00 $205.00 $190.00
Monique Chen Andrew Prescott Cat Callaghan
GIS Analyst Assistant Mobility Planner Senior Project Accountant CRA Labor Cost
Traffic Engineer
Cristian Belmudez
$165.00 $150.00 $135.00 $160.00
Eric Sindel Annabel Grealish Claudia Joaquin
Item Number: 7.
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
CITY OF DESERT HOT SPRINGS
AND
_______________________________
This Professional Services Agreement (“Agreement”) is made and entered into this _____ day of ___________, 20____, by and between the City of Desert Hot Springs, a municipal corporation located in the County of Riverside, State of California, hereinafter referred to as the “City,” and ___________________________, a ________________________, hereinafter referred to as “Contractor.” RECITALS:
WHEREAS, the City desires to utilize the services of Contractor, as an independent contractor, to provide the City with ________________________________ (sometimes hereinafter, the “Services”), as described in more particularity in Exhibit “A,” attached hereto and incorporated by reference as the “Scope of Services”; and WHEREAS, Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS
AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth in full herein.
Section 2. SCOPE OF SERVICES
Contractor shall provide to the City the Services on an as-needed and as-directed basis in a manner satisfactory to the City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions, as described in more detail in the Scope of Services. In the event a conflict exists between this Agreement and the Scope of Services, the former shall supersede. Except where this Agreement specifically provides otherwise, the Contractor is responsible for providing any and all facilities, assets, and resources (including personnel, facilities, equipment, and software) necessary and appropriate for delivery of the Services and to meet the Contractor's obligations under this Agreement.
Any City assets to which access is being provided for use by the Contractor (including equipment, software licenses and third party service contracts) are provided on an “as is, Item Number: 7.
where is” basis, and the City does not provide the Contractor any representations or warranties regarding such assets.
Section 3. TERM
This Agreement shall commence as of the date in the opening paragraph of this Agreement and shall continue in force and effect until terminated, in accordance with Section 7 of this Agreement, subject to allocation of funds pursuant to a duly approved City budget.
Section 4. COMPENSATION
The City agrees to pay Contractor for and in consideration of the faithful performance of the Services and duties set forth in this Agreement, and Contractor agrees to accept from the City, as and for compensation for the faithful performance of said Services and duties, _____________________________ Dollars and ___________ Cents ($_____.___) per hour, and estimate Contractor shall provide ________ hours a week of Services to the City, subject to Section 2 of this Agreement, in a total amount not to exceed __________________________ Dollars and ____________ Cents ($______.___). The amount of this Agreement shall not exceed ____________________________.
Section 5. METHOD OF PAYMENT
a. Contractor shall submit invoices to the City, not more often than once a month, describing the work performed. Contractor’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. The City shall pay Contractor no later than thirty (30) days after approval of the invoice by City staff provided that the services reflected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement, that the number of hours of service set forth in the invoice reflect the amount of time ordinarily expended for such service by members of the profession currently practicing in the same locality under similar conditions, and that all expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of this Agreement. Review and approval of invoice by City staff will occur within thirty (30) calendar days of receipt of invoice via email.
b. The Contractor shall submit invoices under this Agreement to:
City Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
Item Number: 7.
Section 6. EXTRA WORK
At any time during the term of this Agreement, the City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by the City to be necessary for the proper completion of the Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform Extra Work without written authorization from the City.
Section 7. TERMINATION
This Agreement may be terminated by the City Manager, in his/her sole discretion, immediately for cause. Either party may terminate this Agreement without cause upon twenty-four hours (24) hours written notice of termination to the other party. Upon termination, Contractor shall be entitled to compensation for services performed up to the effective date of termination, provided that Contractor shall have satisfied all its obligations under this Agreement through and including the effective date of termination and is not otherwise in breach of this Agreement. For clarification, the City Manager in his/her sole discretion shall have the power to terminate this Agreement with or without cause in accordance with this Section.
Section 8. OWNERSHIP OF DOCUMENTS
All plans, studies, documents and other writings, including drafts, prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at its expense, provide such reports, plans, studies, documents and other writings in pdf format to the City upon written request, or such other electronic format as reasonably requested by the City.
Section 9. CONFIDENTIALITY
a. All ideas, memoranda, specifications, plans, procedures, drawings, photographs, descriptions, computer program data, input record data, written information, and other documents and 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 prior written consent of the City, be used by Contractor for any purposes other than the performance of the services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Contractor will make all reasonable efforts to keep such information confidential and to limit access only to those who require it for performance, Nothing furnished to Contractor that is otherwise known to Contractor, is generally known in the industry, or has become known to the related industry shall be deemed confidential.
b. Contractor shall not use the City’s insignia or photographs relating to Contractor’s Services, or any publicity pertaining to the Contractor’s Services under this Item Number: 7.
Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the City.
Section 10. CONTRACTOR’S BOOKS AND RECORDS
a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor’s address indicated for receipt of notices in this Agreement. d. Where the City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor’s business, the City may, by written request of any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained at City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor’s representatives, or Contractor’s successorin-interest.
Section 11. INDEPENDENT CONTRACTOR’S STATUS: NOT AGENT
OF THE CITY
Contractor shall at all times during the term of this Agreement remain, as to the City, a wholly independent contractor and shall perform the services described in this Agreement as an independent contractor and further, hereby waives any claims for any compensation or benefits afforded to City employees and not to independent contractors.
Neither the City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as herein set forth. Contractor shall be entirely responsible for the compensation and control of any assistants, employees, and subcontractors used by Contractor in providing said services. Nothing contained in this Agreement shall be deemed, construed or represented by the City or Contractor or by any third person to create the relationship of principal and agent and Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. Contractor shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Item Number: 7.
Contractor have any authority, express or implied, to bind the City to any obligation whatsoever.
Section 12. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS
OF CONTRACTOR
a. Contractor represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to Contractor or its employees for Contractor to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. (3) The services described in this Agreement can be performed without the use of City equipment, materials, tools or facilities. (4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Contractor on a continuing basis after termination of this Agreement.
(5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage or other such compensation to any person employed by Contractor to perform the services described in this Agreement. (6) Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City and will so instruct its officers, employees and/or agents.
b. The City represents and acknowledges the following:
(1) Contractor is not required to comply with daily instructions from City staff with respect to when, where or how Contractor must perform the services set forth in this Agreement.
(2) Contractor is solely responsible for determining who, under the supervision or direction of Contractor, will perform the services set forth in this Agreement. (3) The City will not hire, supervise or pay any assistants working for Contractor pursuant to this Agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the Contractor must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
Item Number: 7.
(5) It is the sole responsibility of Contractor to set the hours in which Contractor performs or plans to perform the services set forth in this Agreement subject to hours of access.
(6) Contractor is not required to devote full time to the business operations of the City to perform the services set forth in this Agreement. (7) Contractor is not required to perform the services set forth in the Agreement in any particular order or sequence.
(8) Nothing in this Agreement shall be interpreted to preclude Contractor from working for other persons or firms, provided that such work does not create a conflict of interest.
(9) Contractor is not required to perform the Services at City-owned property.
(10) Contractor will perform services that are outside the usual course of the City’s business.
Section 13. CIVIL CODE SECTION 1542 WAIVER
Contractor expressly waives any and all rights and benefits conferred upon it by the provisions of section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind, that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (“CalPERS”) that are only afforded to employees and not independent contractors. Contractor further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.
__________
Initials
Section 14. CONFLICTS OF INTEREST
a. Contractor (including principals, associates and professional employees) covenants and represents that it does not have any investment or interest in real property Item Number: 7.
and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source or income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor’s services hereunder.
Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
b. Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
(1) Does not make or participate in:
(i) the making or any governmental decisions regarding approval of a rate, rule, or regulation, the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of permits, licenses, applications, certificates, approvals, orders, or similar authorization or entitlement;
(iii) authorizing the City to enter into, modify, or renew a contract; (iv) granting the City approval to a contract that requires City approval and to which the City is a party, or to the
specifications for such a contract;
(v) granting the City approval to a plan, design, report, study, or similar item; or
(vi) adopting, or granting City approval of, policies, standards, or guidelines for the City or for any subdivision thereof. (2) Does not serve in a staff capacity with the City and in that capacity participate in making a governmental decision or otherwise perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code under Government Code Section 87302.
c. In the event the City officially determines that Contractor must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Contractor shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk.
Section 15. PROFESSIONAL ABILITY OF CONTRACTOR;
WARRANTY; FAMILIARITY WITH WORK; PERMITS AND
LICENSES
Item Number: 7.
a. Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services.
b. By executing this Agreement, Contractor warrants that:
(1) it has thoroughly investigated and considered the work to be performed;
(2) it has investigated the issues, regarding the scope of services to be provided;
(3) it has carefully considered how the work should be performed; and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.
c. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform the City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the City Manager or appropriate City representative. d. Contractor represents that it and all of its subcontractors, if any, have obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.
Section 16. COMPLIANCE WITH LAWS
Contractor shall comply with all local, state and federal laws and regulations applicable to the services required hereunder.
Section 17. INDEMNIFICATION
a. Contractor shall defend, indemnify and hold harmless the City, its officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs, expenses and attorneys’ fees in connection therewith), arising out of the performance of this Agreement, except for any such claim arising out of the sole negligence, recklessness, or willful misconduct of the City, its officials, agents, employees or volunteers.
b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply Item Number: 7.
regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. c. Notwithstanding the provisions of subsections a. and b. of this section, Contractor shall not be responsible for damages or be in default or deemed to be in default by reason of delay caused by strikes, lockouts, accidents, or acts of God, or the failure of the City to furnish timely information or to approve or disapprove Contractor’s work promptly, or by reason of delay or faulty performance by the City, construction contractors, or governmental agencies, or by reason of any other delays beyond Contractor’s control, or for which Contractor is without fault. d. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City. e. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. f. This Section shall survive termination or expiration of this Agreement.
Section 18. INSURANCE REQUIREMENTS
a. Policies. Contractor, at Contractor’s sole cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies:
(1) Worker’s Compensation Coverage. Contractor shall maintain Worker’s Compensation Insurance and Employers’ Liability Insurance for its employees in accordance with the laws of the State of California, of an amount not less than one million dollars ($1,000,000) per accident and for Employers’ Liability Insurance in amounts not less than $1,000,000 each accident for bodily injury by accident, $1,000,000 policy limit for bodily injury by disease, and $1,000,000 each employee for bodily injury by disease. In addition, Contractor shall require each subcontractor to similarly maintain Worker’s Compensation Insurance and Employers’ Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. If any class of employees employed by Contractor pursuant to this Agreement is not protected by the California State Worker’s Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker’s compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved in the Services to do the same.
Item Number: 7.
(2) General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than two million dollars ($2,000,000) per occurrence, combined single limit coverage for bodily injury, personal injury and property damage associated with work contemplated in this Agreement. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Contractor shall provide insurance on an occurrence, not claims-made basis.
Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess coverage, personal and advertising injury coverage shall be triggered by an “offense” while bodily injury and property damage coverage shall be triggered by an “occurrence” during the policy period.
The coverage required in this paragraph shall provide at least as much coverage as that provided by ISO form CG 00 01 12 07 or any updated form thereof. (3) Automobile Liability Coverage. Contractor shall maintain commercial automobile liability insurance covering bodily injury, personal injury and property damage for all activities of the Contractor arising out or of in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence, and two million dollars ($2,000,000) in the aggregate. As an alternative, Contractor shall be permitted to obtain a non-owned automobile endorsement to its comprehensive general liability insurance providing the same protection and coverage as though Contractor were to provide separate commercial vehicle liability insurance as set forth in this paragraph. The coverage required in this paragraph shall provide at least as much coverage as that provided by ISO form CA 00 01 or any updated form thereof.
(4) Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s Services, whether such Services are performed by Contractor or by its employees, subcontractors, or subContractors, to the extent such persons other than Contractor are permitted to perform any of the Services under this Agreement. The amount of this insurance shall not be less than one million dollars ($1,000,000) per claim, and two million dollars ($2,000,000) in the aggregate.
b. Endorsements. Unless otherwise specified hereunder, each insurance policy required herein shall be with insurers possessing an A.M. Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
(1) Except as otherwise provided by law, the City, its elected or appointed officers, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations.
Item Number: 7.
(2) This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have shall be considered excess insurance only and shall not contribute with it. (3) This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
(4) The insurer waives all rights of subrogation against the City, its elected or appointed officials, officers, employees or agents. (5) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
(6) The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the approval of City for any self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of the City Manager, Contractor may either reduce or eliminate such deductibles or selfinsured retentions with respect to City, its officers, employees, agents, and volunteers.
The City Manager may condition approval of any reduction or elimination in deductible or self-insured retention levels with a requirement that Contractor procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. e. Imposition of Insurance Requirements. Provided the City gives its written consent for any persons other than Contractor to perform any part of the Services, Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and name as additional insureds the parties to this Agreement consistent with Section 18b(1) hereof.
Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that coverage is provided in conformity with the requirements of this Section.
Item Number: 7.
f. Maintain Coverages. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City’s review and determination that all liability posed under this Agreement has been eliminated. g. Failure to Obtain Coverages. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by it or any subcontractors or others involved in any way with the performance of Services, to the extent such is permissible under this Agreement, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City or its officers, employees, servants, volunteers, agents and independent contractors.
h. Notice of Cancellation or Reduction in Coverage. In the event that any coverage required in this Agreement is canceled, reduced, limited, or materially affected in any other manner, Contractor shall provide written notice to the City either by facsimile and/or via certified mail, at Contractor’s earliest possible opportunity and in no case later than fifteen (15) calendar days after Contractor is notified of the change in coverage.
Section 19. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:
To the City:
To Contractor:
City Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Item Number: 7.
Section 20. DEFAULT
a. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within fifteen (15) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder.
b. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. c. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default of any party to this Agreement may remain uncured for more than fifteen (15) calendar days following written notice, as provided above, a "material breach" shall be deemed to have occurred. In the event of a material breach, the injured party shall be entitled to seek any appropriate remedy or damages as otherwise set forth herein and by initiating legal proceedings.
Section 21. REMEDIES
If Contractor materially breaches any of the terms of this Agreement, the City’s remedies shall include, but shall not be limited to, the following:
a. Immediately terminate the Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; c. Retain a different Contractor to complete the Services that are not finished by Contractor.
Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all other agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and each party to this Item Number: 7.
Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement.
c. No agreement, statement, or promise not contained in this Agreement shall be valid or binding.
Section 23. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by all parties.
Section 24. ASSIGNMENT AND SUBCONTRACTING
a. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the written consent of the City. b. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the advance written consent of the City. If the City consents to such subcontract, Contractor shall be fully responsible to the City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as required by law.
Section 25. WAIVER
a. No waiver shall be binding, unless executed in writing by the party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. c. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.
Section 26. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.
Item Number: 7.
Section 27. VENUE
All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California.
Section 28. LITIGATION EXPENSES AND ATTORNEYS’ FEES
In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
Section 29. EXECUTION IN COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least a copy hereof shall have been signed by both parties hereto. Electronic and facsimile signatures shall be deemed the same as original signatures. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
Section 30. 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, the City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of the City, during the term of his or her service with the City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
Section 31. EQUAL OPPORTUNITY EMPLOYMENT
Contractor represents that it is an equal opportunity employer and shall not discriminate against any subcontractor, employee, or applicant (“person”) for employment because of race; denial of family and medical care leave; religious creed (including religious dress and grooming practices); color; national origin (including language use restrictions); ancestry; physical disability or mental disability (including HIV and AIDS); Item Number: 7.
medical condition (cancer and genetic characteristics); genetic information; military or veteran status; marital status; gender, gender identity, and gender expression; sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding); age or sexual orientation. Unless otherwise permitted under the law, Contractor shall not refuse to hire or employ any such person or refuse to select any such person for a training program leading to employment, or bar or discharge any such person from employment or from a training program leading to employment, or otherwise discriminate against any such person in compensation or in terms, conditions, or privileges of employment.
Section 32. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 33. PRINCIPAL REPRESENTATIVES
a. ____________________, shall be Contractor's Principal Representative and the person responsible for undertaking, managing and supervising the performance of all of the Services for this Agreement. Contractor's Principal Representative's experience, knowledge, capability and reputation were a substantial inducement for the City to enter into this Agreement, and as such, for the purposes of performing the Services, the duties of Contractor's Principal Representative shall not be reassigned, without the express written consent of both parties.
b. ____________________, shall be the Principal Representative of the City for purposes of communicating with Contractor on any matter associated with the performance of the services set forth in this Agreement.
Section 34. NON-LIABILITY OF CITY’S OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to Contractor or to its successor, or for any breach of any obligation of the terms of this Agreement.
Section 35. INTERPRETATION
This Agreement shall not be interpreted against either party on the grounds that one of the parties was solely responsible for preparing it or caused it to be prepared as both parties were involved in drafting it.
Section 36. PROTECTION AND CORRECTION OF WORK
a. Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Contractor, and the equipment, materials, papers and other components thereof to prevent losses or damages.
Item Number: 7.
b. The performance of services by Contractor shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the fault of Contractor.
Section 37. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 38. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 39. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
Section 40. NO THIRD PARTY BENEFICIARIES
The parties do not intend the benefits of this Agreement to inure to any third party, nor shall any provision of this Agreement be so construed.
Section 41. OTHER GOVERNMENTAL REGULATIONS
To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
Section 42. REPRESENTATIONS OF PARTIES AND PERSONS
EXECUTING AGREEMENT
a. Each of the parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the parties hereto. b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the parties each purports to represent.
Item Number: 7.
Section 43. SUCCESSORS AND ASSIGNS
The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties hereto.
Section 44. SURVIVAL
All obligations arising prior to any termination of this Agreement and all provisions of this Agreement allocating liability between the City and Contractor shall survive any such termination.
Section 45. USE OF RECYCLED PRODUCTS
Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
CITY OF DESERT HOT SPRINGS
_____________________________
_____________________________
Frank Luckino, City Manager
ATTEST:
_____________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
_____________________________
Tuan-Anh Vu, City Attorney
_____________________________
_____________________________
N:\DHSO\0001-01 General\Doc\6051
Item Number: 7.
EXHIBIT “A”
SCOPE OF SERVICES
Item Number: 7.
SR-24-196
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: September 17, 2024
Department: City Manager
Prepared by: Doria Wilms, Deputy City Manager
Subject: Professional Services Agreement with 29 Palms Farmers Market for Friday Nights on Pierson
RECOMMENDATION:
Authorize the City Manager to execute a Professional Services Agreement with 29 Palms Farmers Market to facilitate and manage Friday Nights on Pierson for a period of five years, with the City continuing to cover the costs of the event for the first year in amount not to exceed $72,500, paid out at $1500.00 per week, for each event held, to be paid monthly in an amount not to exceed $6,000.00 per month.
BACKGROUND:
Over the past several years there has been renewed focus and energy toward the development of the downtown. In 2022, a Downtown Steering Committee comprised of residents and business owners met several times to brainstorm events and concepts that could breathe life into the Downtown Arts and Culture District. The increased value people are placing on unique attractions and experiences associated with destinations continues to grow. This is particularly true with residents and travelers.
As an example, a Downtown Study conducted for the City of Desert Hot Springs by students from CalPoly found that events in the downtown ranked highly favorable amongst our residents.
With this in mind, in May of 2023 the City of Desert Hot Springs announced Friday Nights on Pierson, a 5-week lively experience bringing together a host of food trucks for a fun, family-friendly celebration of downtown Desert Hot Springs. Following an overwhelming response, this 5-week experience was extended indefinitely as a way to continue to bring vibrancy to the Downtown Arts and Culture District.
DISCUSSION:
Initially managed in-house by staff, Friday Nights on Pierson requires a full-time experienced team capable of growing and expanding this event in the downtown. 29 Palms Farmers Market successfully manages the Farmers Market in Twenty-nine Palms and other communities throughout Southern California. They have expressed a desire to contract with the City long term to curate Friday Nights on Pierson – Farmers Market, for a period of five years in the Downtown Arts and Culture District.
The proposed agreement provides a year of financial assistance to 29 Palms Farmers Market in an amount not to exceed $72,500, to be paid out at $1500 per week, for each event held. Following the Item Number: 8.
SR-24-196
first year, 29 Palms would continue to facilitate and manage the event at their own cost, in the downtown for a period of four years.
Additionally, 29 Palms Farmers Market would be responsible for the following:
29 Palms Farmers Market Responsibilities
Organize vendors and manage health department requirements for mobile food/pop-up vendors.
City to compensate 29 Palms Farmers Market for the first year of the event at a rate of $1,500 per week for each event held, to be invoiced monthly. Not to exceed $6,000 per month. This compensation is inclusive of all costs associated with the event. This contract is for 5 years.
Minimum of 10 vendors required for each event
Make sure all vendors are properly set up by opening times. Make sure all vendors are properly insured and licensed. Make sure all vendors are following health code requirements. Help organize event days (i.e., entertainment, family activities, new vendors, etc.). Set up chairs and tables.
Manage vendor payments and ensure they have a business license and all other applicable permits.
Manage portable restrooms.
Ensure the health permit is up to date with accurate vendors and take on responsibility of obtaining permit.
Responsible for music/entertainment.
The City of Desert Hot Springs Responsibilities
Provide marketing via social media outlets.
Work with event organizer to transfer event permit under new organization after 12 months. Will be the responsibility of 29 Palms Farmers Market to pay for the Health Department Permit It will be the responsibility of 29 Palms Farmers Market to obtain appropriate restrooms and secure them accordingly.
FISCAL IMPACT:
Item Number: 8.
SR-24-196
The amount of the contract is not to exceed $72,500, for the first year of the event paid at a rate of $1,500 per week for each event held, to be invoiced monthly. Not to exceed $6,000 per month which was included in the FY 24/25 Economic Development Budget.
ATTACHMENTS:
1) Professional Services Agreement - 29 Palms Farmers Market Item Number: 8.
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
CITY OF DESERT HOT SPRINGS
AND
29 PALMS FARMERS MARKET
This Professional Services Agreement (“Agreement”) is made and entered into this 17 day of September 2024, by and between the City of Desert Hot Springs, a municipal corporation located in the County of Riverside, State of California, hereinafter referred to as the “City,” and 29 Palms Farmers Market, a Sole Proprietor, hereinafter referred to as “Consultant.”
Consultant Information: 29 Palms Farmers Market
6788 Ivanpah Ave.
Twentynine Palms, CA 92277
RECITALS:
WHEREAS, the City desires to utilize the services of Consultant, as an independent contractor, to provide the City with event organizer services (sometimes hereinafter, the “Services”), as described in more particularity in Exhibit “A,” attached hereto and incorporated herein by this reference as the “Scope of Services”; and WHEREAS, Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS,
CONDITIONS AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER
GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth in full herein.
Section 2. SCOPE OF SERVICES
Consultant shall provide to the City the Services on a project basis in a manner satisfactory to the City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under Item Number: 8.
similar conditions, as described in more detail in the Scope of Services, Exhibit A. In the event a conflict exists between this Agreement and the Scope of Services, the former shall supersede the latter.
Section 3. TERM
This Agreement shall commence as of the date in the opening paragraph of this Agreement and shall continue in force and effect for sixty (60) months following the operative date, or in accordance with Section 7 of this Agreement, subject to allocation of funds pursuant to a duly approved City budget.
Section 4. COMPENSATION
The City agrees to pay Consultant for and in consideration of the faithful performance of the Services and duties set forth in this Agreement, and Consultant agrees to accept from the City, an amount not to exceed a total of Seventy-two Thousand Five Hundred Dollars and Zero Cents ($72,500.00) to be paid in Fifteen Hundred Dollar ($1500.00) weekly increments as per Exhibit A attached below and incorporated. Each monthly increment shall not exceed Six Thousand Dollars and Zero Cents ($6,000.00) per month. Each event described in Exhibit A is subject to cancellation in the City’s sole discretion.
Section 5. METHOD OF PAYMENT
a. Consultant shall submit invoices to the City, not more often than once a month, describing the work performed. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. The City shall pay Consultant no later than thirty (30) days after approval of the invoice by City staff provided that the services reflected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement, that the number of hours of service set forth in the invoice reflect the amount of time ordinarily expended for such service by members of the profession currently practicing in the same locality under similar conditions, and that all expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of this Agreement. Review and approval of invoice by City staff will occur within thirty (30) calendar days of receipt of invoice.
b. The Consultant shall submit invoices under this Agreement to:
Frank Luckino
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Item Number: 8.
Facsimile: (760) 671-5062
Email: [email protected]
Section 6. EXTRA WORK
At any time during the term of this Agreement, the City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by the City to be necessary for the proper completion of the Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform Extra Work without written authorization from the City.
Section 7. TERMINATION
This Agreement may be terminated by the City immediately for cause. Either party may terminate this Agreement without cause upon twenty-four (24) hours’ written notice of termination to the other party. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, provided that Consultant shall have satisfied all its obligations under this Agreement through and including the effective date of termination and is not otherwise in breach of this Agreement.
Section 8. OWNERSHIP OF DOCUMENTS
All documents and other writings, including drafts, prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at its expense, provide such documents and other writings in a format requested by the City, or in such other electronic format as reasonably requested by the City.
Section 9. CONFIDENTIALITY
a. All ideas, memoranda, specifications, plans, procedures, drawings, photographs, videos, descriptions, computer program data, input record data, written information, and other documents and 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 prior written consent of the City, be used by Consultant for any purposes other than the performance of the services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. 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.
Item Number: 8.
b. Consultant shall not use the City’s insignia, photographs, videos, or any other product generated through performance of Consultant’s Services, for any publicity pertaining to the Consultant’s Services under this Agreement in any magazine, trade paper, newspaper, website, television or radio production or other similar medium without the prior written consent of the City.
Section 10. CONSULTANT’S BOOKS AND RECORDS
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement. d. Where the City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, the City may, by written request of any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained at City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.
Section 11. INDEPENDENT CONTRACTOR’S STATUS: NOT AGENT
OF THE CITY
Consultant shall at all times during the term of this Agreement remain, as to the City, a wholly independent contractor and shall perform the services described in this Agreement as an independent contractor and further, hereby waives any claims for any compensation or benefits afforded to City employees and not to independent contractors. Neither the City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as herein set forth. Nothing contained in this Agreement shall be deemed, construed or represented by the City or Item Number: 8.
Consultant or by any third person to create the relationship of principal and agent and Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.
Section 12. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS
OF CONSULTANT
a. Consultant represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. (3) The services described in this Agreement can be performed without the use of City equipment, materials, tools or facilities, with the exception of the purpose of this Agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.
(5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage or other such compensation to any person employed by Consultant to perform the services described in this Agreement. (6) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City. b. The City represents and acknowledges the following:
(1) Consultant is not required to comply with daily instructions from City staff with respect to when, where or how Consultant must perform the services set forth in this Agreement.
(2) Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement.
Item Number: 8.
(3) The City will not hire, supervise or pay any assistants working for Consultant pursuant to this Agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(5) It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement. (6) Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement. (7) Consultant is not required to perform the services set forth in the Agreement in any particular order or sequence.
(8) Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.
(9) Consultant is not required to perform the Services at City-owned property.
(10) Consultant will perform services that are outside the usual course of the City’s business.
Section 13. CIVIL CODE SECTION 1542 WAIVER
Consultant expressly waives any and all rights and benefits conferred upon it by the provisions of section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind, that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (“CalPERS”) that are only afforded to employees and not independent contractors.
Consultant further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.
Item Number: 8.
__________
Initials
Section 14. CONFLICTS OF INTEREST
a. Consultant (including principals, associates and professional employees) covenants and represents that it does not have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source or income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
b. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
(1) Does not make or participate in:
(i) the making of any governmental decisions regarding
approval of a rate, rule, or regulation, the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of permits, licenses, applications, certificates, approvals, orders, or similar authorization or entitlement;
(iii) authorizing the City to enter into, modify, or renew a contract;
(iv) granting the City approval to a contract that requires City approval and to which the City is a party, or to the
specifications for such a contract;
(v) granting the City approval to a plan, design, report, study, or similar item; or
(vi) adopting, or granting City approval of, policies, standards, or guidelines for the City or for any subdivision thereof. (2) Does not serve in a staff capacity with the City and in that capacity participate in making a governmental decision or otherwise perform the same or substantially all the same duties for the City that would otherwise be performed by an Item Number: 8.
individual holding a position specified in the City’s Conflict of Interest Code under Government Code Section 87302.
c. In the event the City officially determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk.
Section 15. PROFESSIONAL ABILITY OF CONSULTANT;
WARRANTY; FAMILIARITY WITH WORK; PERMITS AND
LICENSES
a. Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services.
b. By executing this Agreement, Consultant warrants that:
(1) it has thoroughly investigated and considered the work to be performed;
(2) it has investigated the issues, regarding the scope of services to be provided;
(3) it has carefully considered how the work should be performed; and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. c. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City Manager or appropriate City representative.
d. Consultant represents that it and all of its subcontractors, if any, have obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.
Section 16. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state and federal laws and regulations applicable to the Services required hereunder.
Item Number: 8.
Section 17. INDEMNIFICATION
a. Consultant shall defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs, expenses and attorneys’ fees in connection therewith), arising out of, or alleged to arise out of, this Agreement, except for any such claim arising out of the sole negligence, recklessness, or willful misconduct of the City, its officers, agents, employees or volunteers.
b. The City does not, and shall not, waive any rights that it may have against Consultant under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. c. Notwithstanding the provisions of subsections a. and b. of this section, Consultant shall not be responsible for damages or be in default or deemed to be in default by reason of delay caused by strikes, lockouts, accidents, or acts of God, or the failure of the City to furnish timely information or to approve or disapprove Consultant’s work promptly, or by reason of delay or faulty performance by the City, construction contractors, or governmental agencies, or by reason of any other delays beyond Consultant’s control, or for which Consultant is without fault. d. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.
Section 18. INSURANCE REQUIREMENTS
a. Policies. Consultant, at Consultant’s sole cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies:
(1) Worker’s Compensation Coverage. Consultant shall maintain Worker’s Compensation Insurance and Employer’s Liability Insurance for its employees in accordance with the laws of the State of California, of an amount not less than one million dollars ($1,000,000) per accident. In addition, Consultant shall require each subcontractor to similarly maintain Worker’s Compensation Insurance and Employer’s Item Number: 8.
Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. If any class of employees employed by Consultant pursuant to this Agreement is not protected by the California State Worker’s Compensation Law, Consultant shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Consultant has no employees performing work under this Agreement. Consultant agrees to waive its statutory immunity under any worker’s compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved in the Services to do the same.
(2) General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than two million dollars ($2,000,000) per occurrence, combined single limit coverage for bodily injury, personal injury and property damage associated with work contemplated in this Agreement. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Consultant shall provide insurance on an occurrence, not claims-made basis. Consultant acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess coverage, personal and advertising injury coverage shall be triggered by an “offense” while bodily injury and property damage coverage shall be triggered by an “occurrence” during the policy period. The coverage required in this paragraph shall provide at least as much coverage as that provided by ISO form CG 00 01 12 07 or any updated form thereof. (3) Automobile Liability Coverage. Consultant shall maintain commercial automobile liability insurance covering bodily injury, personal injury and property damage for all activities of the Consultant arising out or of in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence, and two million dollars ($2,000,000) in the aggregate. As an alternative, Consultant shall be permitted to obtain a non-owned automobile endorsement to its comprehensive general liability insurance providing the same protection and coverage as though Consultant were to provide separate commercial vehicle liability insurance as set forth in this paragraph. The coverage required in this paragraph shall provide at least as much coverage as that provided by ISO form CA 00 01 or any updated form thereof.
(4) Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s Services, whether such Services are performed by Consultant or by its employees, subcontractors, or sub-consultants, to the extent such persons other than Consultant are permitted to perform any of the Services under this Agreement. The amount of this Item Number: 8.
insurance shall not be less than one million dollars ($1,000,000) per claim, and two million dollars ($2,000,000) in the aggregate.
b. Endorsements. Unless otherwise specified hereunder, each insurance policy required herein shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
(1) Except as otherwise provided by law, the City, its elected or appointed officers, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations.
(2) This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have shall be considered excess insurance only and shall not contribute with it. (3) This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
(4) The insurer waives all rights of subrogation against the City, its elected or appointed officials, officers, employees or agents. (5) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
(6) The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for any self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of the City Manager, Consultant may either reduce or eliminate such deductibles or selfinsured retentions with respect to City, its officers, employees, agents, and volunteers.
The City Manager may condition approval of any reduction or elimination in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
Item Number: 8.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. e. Imposition of Insurance Requirements. Provided the City gives its written consent for any persons other than Consultant to perform any part of the Services, Consultant agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Consultant enters into contracts or whom Consultant hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and name as additional insureds the parties to this Agreement consistent with Section 18b(1) hereof. 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.
f. Maintain Coverages. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Consultant agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City’s review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated.
g. Failure to Obtain Coverages. Consultant agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the performance of Services, to the extent such is permissible under this Agreement, Consultant shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City or its officers, employees, servants, volunteers, agents and independent contractors.
h. Notice of Cancellation or Reduction in Coverage. In the event that any coverage required in this Agreement is canceled, reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to the City either by facsimile and/or via certified mail, at Consultant’s earliest possible opportunity and in no case later than fifteen (15) calendar days after Consultant is notified of the change in coverage.
Section 19. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:
Item Number: 8.
To the City: Frank Luckino
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 671-5062
To Consultant:
29 Palms Farmers Market
6788 Ivanpah Ave.
Twentynine Palms, CA 92277
b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 20. DEFAULT
a. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the party who is otherwise claimed to be in fault by the other party commences to cure, correct or remedy the alleged default within fifteen (15) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder.
b. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. c. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default of any party to this Agreement may remain uncured for more than fifteen (15) calendar days following written notice, as provided above, a "material breach" shall be deemed to have occurred. In the event of a material breach, the injured party shall be entitled to seek any appropriate remedy or damages as otherwise set forth herein and by initiating legal proceedings.
Section 21. REMEDIES
Item Number: 8.
If Consultant materially breaches any of the terms of this Agreement, the City’s remedies shall include, but shall not be limited to, the following:
a. Immediately terminate the Agreement;
b. Retain any other work product prepared by Consultant pursuant to this Agreement;
c. Retain a different consultant to complete the Services that are not finished by Consultant.
Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all other agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement.
c. No agreement, statement, or promise not contained in this Agreement shall be valid or binding.
Section 23. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both parties.
Section 24. ASSIGNMENT AND SUBCONTRACTING
a. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the written consent of the City. b. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written consent of the City. If the City consents to such subcontract, Consultant shall be fully responsible to the City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the City and subcontractor nor shall it create any obligation on the Item Number: 8.
part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as required by law.
Section 25. WAIVER
a. No waiver shall be binding, unless executed in writing by the party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. c. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.
Section 26. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.
Section 27. VENUE
All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California.
Section 28. LITIGATION EXPENSES AND ATTORNEYS’ FEES
In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. In no event shall such an award exceed the actual costs and expenses of the City.
Section 29. EXECUTION IN COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties Item Number: 8.
when at least a copy hereof shall have been signed by both parties hereto. Electronic and facsimile signatures shall be deemed the same as original signatures. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
Section 30. 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, the City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of the City, during the term of his or her service with the City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
Section 31. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and shall not discriminate against any subcontractor, employee, or applicant (“person”) for employment because of race; denial of family and medical care leave; religious creed (including religious dress and grooming practices); color; national origin (including language use restrictions); ancestry; physical disability or mental disability (including HIV and Aids); medical condition (cancer and genetic characteristics); genetic information; military or veteran status; marital status; gender, gender identity, and gender expression; sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding); age or sexual orientation. Unless otherwise permitted under the law, Consultant shall not refuse to hire or employ any such person or refuse to select any such person for a training program leading to employment, or bar or discharge any such person from employment or from a training program leading to employment, or otherwise discriminate against any such person in compensation or in terms, conditions, or privileges of employment.
Section 32. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 33. PRINCIPAL REPRESENTATIVES
a. Roger Thomas shall be Consultant's Principal Representative and the person responsible for undertaking, managing and supervising the performance of all of the Services for this Agreement. Consultant's Principal Representative's experience, Item Number: 8.
knowledge, capability and reputation were a substantial inducement for the City to enter into this Agreement, and as such, for the purposes of performing the Services, the duties of Consultant's Principal Representative shall not be reassigned, without the express written consent of both parties.
b. The City Manager, or his/her designee, shall be the Principal Representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement.
Section 34. NON-LIABILITY OF CITY’S OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to Consultant or to its successor, or for any breach of any obligation of the terms of this Agreement.
Section 35. INTERPRETATION
This Agreement shall not be interpreted against either party on the grounds that one of the parties was solely responsible for preparing it or caused it to be prepared as both parties were involved in drafting it.
Section 36. PROTECTION AND CORRECTION OF WORK
a. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages.
b. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the fault of Consultant.
Section 37. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 38. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 39. CUMULATIVE REMEDIES
Item Number: 8.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
Section 40. NO THIRD PARTY BENEFICIARIES
The parties do not intend the benefits of this Agreement to inure to any third party, nor shall any provision of this Agreement be so construed.
Section 41. OTHER GOVERNMENTAL REGULATIONS
To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
Section 42. REPRESENTATIONS OF PARTIES AND PERSONS
EXECUTING AGREEMENT
a. Each of the parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the parties hereto. b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the parties each purports to represent.
Section 43. SUCCESSORS AND ASSIGNS
The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties hereto.
Section 44. SURVIVAL
All obligations arising prior to any termination of this Agreement and all provisions of this Agreement allocating liability between the City and Consultant shall survive any such termination.
Item Number: 8.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
Item Number: 8.
CITY OF DESERT HOT SPRINGS
_____________________________
Frank J. Luckino, City Manager
ATTEST:
_____________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
_____________________________
Tuan-Anh Vu, City Attorney
29 PALMS FARMERS MARKET
_____________________________
Roger Thomas, Owner
EXHIBIT “A”
SCOPE OF SERVICES
29 Palms Farmers Market – Friday Nights on Pierson
Host: City of Desert Hot Springs
Organizer: 29 Palms Farmers Market
Event Name: 29 Palms Farmers Market - Friday Nights on Pierson Location: Downtown DHS by City Hall
Dates: Every Friday Starting May 24, 2024
Time: 3:30 pm set-up | 5:00 pm - 9:00 pm event time
Item Number: 8.
29 Palms Farmers Market Responsibilities
• Organize vendors and manage health department requirements for mobile food/pop-up vendors.
• City to compensate 29 Palms Farmers Market for the first year of the event at a rate of $1,500 per week for each event held, to be invoiced monthly.
Not to exceed $6,000 per month.
• This compensation is inclusive of all costs associated with the event. • This contract is for 5 years.
• Minimum of 10 vendors required for each event
• Make sure all vendors are properly set up by opening times. Make sure all vendors are properly insured and licensed. Make sure all vendors are following health code requirements.
• Help organize event days (i.e., entertainment, family activities, new vendors, etc.).
• Set up chairs and tables.
• Manage vendor payments and ensure they have a business license and all other applicable permits.
• Manage portable restrooms.
• Ensure the health permit is up to date with accurate vendors and take on responsibility of obtaining permit.
• Responsible for music/entertainment.
The City of Desert Hot Springs Responsibilities
• Provide marketing via social media outlets.
• Work with event organizer to transfer event permit under new organization after 12 months.
• will be the responsibility of 29 Palms Farmers Market to pay for the Health Department Permit
• It will be the responsibility of 29 Palms Farmers Market to obtain appropriate restrooms and secure them accordingly.
Item Number: 8.
SR-24-183
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: September 17, 2024
Department: Community Development
Prepared by: Travis Clark, Community Development Director Subject: Transportation Uniform Mitigation Fee (TUMF) Inflation Adjustment for Calendar Year 2025
RECOMMENDATION:
Adopt a Resolution of the City Council adjusting the Transportation Uniform Mitigation Fee (TUMF) pursuant to Coachella Valley Association of Government's request for Calendar Year 2025.
BACKGROUND:
The Transportation Uniform Mitigation Fee (TUMF) was established in 1989 as a one-time impact fee charged on all new development occurring within the Coachella Valley Association of Governments (CVAG) region. Monies collected through the TUMF program are applied to transportation-related capital facilities and infrastructure required to serve new growth within the Coachella Valley and are intended to compliment revenue generated through Riverside County’s Measure A sales tax. To date, TUMF has provided less than the intended share of match toward Measure A funding.
The current TUMF rates were adopted in 2018 upon the completion of a revised Nexus Study, Transportation Project Prioritization Study, Regional Arterial Cost Estimate, and Active Transportation Plan. Prior to their adoption, the fee had remained unchanged at $192/trip for over a decade. The 2018 Nexus Study originally proposed a revised fee of $751/trip; however, this fee was reduced to the current $245/trip after re-evaluating which regional transportation projects would likely be built in the near-term. This rate equates to $2,313 for a single-family dwelling, as compared to the $10,104 currently charged by Western Riverside Council of Governments for similar development.
The 2018 TUMF Handbook also allows for the consideration of an annual inflation adjustment:
The inflation factor shall be the same one utilized by the Coachella Valley Local Development Mitigation Fee, based on the Riverside-San Bernardino-Ontario Consumer Price Index (CPI).
Such CPI will be reviewed annually by the Executive Committee which will determine whether or not to apply the inflation factor.
The Local Development Mitigation Fee inflation factor is calculated on the CPI for All Urban Consumers (CPI-U), All items, as the over-the-year percent change, which is measured as of December in the calendar year which ends in the previous fiscal year. The Riverside-San BernardinoOntario CPI is measured every other month, and does not include data for the month of December.
To approximate a data point for an unrecorded month, the Bureau of Labor Statistics (BLS) Item Number: 9.
SR-24-183
recommends taking the square root of the product of the indexes for the preceding and subsequent months (in this case November and January). This approximated December data point can then be used to calculate the over-the-year percent change.
Applying regular increases due to inflation is a preferred approach to infrequent increases to catch up over time. An inflation factor of 7.4-percent was applied across each of CVAG’s TUMF categories by the Executive Committee at its April 2023 meeting. In accordance with California’s Mitigation Fee Act, and to allow member jurisdictions time to update their local TUMF ordinances as needed, implementation of the inflation factor did not go into effect until January 1, 2024.
DISCUSSION:
The CPI-U, All items for the Riverside-San Bernardino-Ontario metropolitan area rose by 3.58- percent for calendar year 2023. BLS notes that some entities choose to calculate “core” inflation on the CPI-U, less food and energy (the latter of which includes motor fuel), as these items tend to be more volatile in their pricing. Removing these volatile items from the regional CPI results in an inflation factor of 4.72-percent, largely due to reductions in the price of fuel and other energy sources.
CVAG staff recommend applying the CPI-U, All items inflation factor of 3.58-percent to the current fee assessments, as described in the below table.
TUMF Category Current Rate Proposed Rate Difference
Residential (per dwelling unit)
Single family detached $2,740 $2,840 $100
Multi-family attached $1,580 $1,635 $55
Nursing/congregate care $585 $605 $20
Transit oriented single family $2,330 $2,415 $85
Transit oriented multi-family $1,345 $1,395 $50
Non Residential (per 1,000 sq. ft.)
Retail $7,130 $7,385 $255
Office $2,835 $2,935 $100
Industrial $1,440 $1,490 $50
Fuel- gas (per dispensing unit) $10,220 $10,585 $365
Fuel- electric (per dispensing unit) $105 $110 $5
Hotel (per room) $4,165 $4,315 $150
Golf course (per acre) $1,090 $1,130 $40
The revised rates would be implemented January 1, 2025 so that member jurisdictions will have sufficient time to adopt the new fees. The rates listed in the TUMF Handbook will also be updated at that time to reflect the adjustment.
The Coachella Valley Multi-Species Habitat Conservation Plan (CVMSHCP) mitigation fee is increased automatically each fiscal year per the Desert Hot Springs Municipal Code, Section
3.40.100.
FISCAL IMPACT:
Based on TUMF revenues generated in fiscal year 2022-2023, adjusting current TUMF rates based on the CPI-U, All items inflation rate of 3.6 percent would result in additional revenue of $275,774 to CVAG. Revising the TUMF Handbook will have no fiscal impact on the City.
Item Number: 9.
SR-24-183
ENVIRONMENTAL ANALYSIS:
The adoption of this ordinance is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance in question may have a significant effect on the environment
ATTACHMENTS:
1) Resolution Adopting TUMF Adjustment for 2025
2) CVAG TUMF Fee Schedule for 2025
3) CVAG Staff Report for TUMF Inflation Adjustment of 2025 Item Number: 9.
RESOLUTION NO. ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT HOT
SPRINGS, CALIFORNIA ADOPTING THE ADJUSTMENT TO THE
TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) PURSUANT TO COACHELLA VALLEY ASSOCIATION OF GOVERNMENT’S REQUEST
WHEREAS, the City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution; and WHEREAS, the City is a Member Agency of the Coachella Valley Association of Governments (“CVAG”), a joint powers agency consisting of the County of Riverside ("County"), the Agua Caliente Band of Cahuilla Indians, the Cabazon Band of Mission Indians, the Torres Martinez Desert Cahuilla Indians, Twenty-Nine Palms Band of Mission Indians, the City of Blythe, and the nine cities (Desert Hot Springs, Palm Springs Cathedral City, Rancho Mirage, Palm Desert, Indian Wells, La Quinta, Indio and Coachella) situated in the Coachella Valley (collectively, "Member Agencies"); and WHEREAS, the Transportation Uniform Mitigation Fee ("TUMF") was established in 1989 as a one-time impact fee charged on all new development occurring within the CVAG region; and
WHEREAS, monies collected through the TUMF program are applied to transportation-related capital facilities and infrastructure required to address new growth within the Coachella Valley and are intended to compliment revenue generated through Riverside County’s Measure A sales tax; and
WHEREAS, the current TUMF rates were adopted and allow for the consideration of an annual inflation adjustment:
The inflation factor shall be the same one utilized by the Coachella Valley Local Development Mitigation Fee, based on the Riverside-San Bernardino-Ontario Consumer Price Index (CPI). Such CPI will be reviewed annually by the Executive Committee which will determine whether or not to apply the inflation factor.
WHEREAS, Chapter 3.36 of the Desert Hot Springs municipal Code governs the TUMF fees locally; and
WHEREAS, Section 3.36.030(B) provides in pertinent part: “The amount of the mitigation fee shall be based on the trip generation rate and as recommended by CVAG. The Council shall adopt by resolution the fee amount, recommended by CVAG or may adopt a higher fee amount…”; and
Item Number: 9.
WHEREAS, Section 3.36.030(C) provides “The Council shall annually review and, if necessary, amend the amount of the mitigation fee to insure that it is a fair and equitable method of distributing the costs of the improvements necessary to accommodate traffic volumes generated by future growth. If the amount of the recommended mitigation fee is amended by CVAG pursuant to CVAG’s annual review, the Council shall amend its fee amount in accord or in an amount greater.”; and WHEREAS, CVAG has in fact requested that the City adopt the adjusted rates pursuant to the CPI for the Riverside-San Bernardino-Ontario metropolitan, which is 3.6 percent; and
WHEREAS, at their meeting, the CVAG Executive Committee approved adjusting the TUMF rates for fiscal year 2024-2025; and WHEREAS, the revised rates are summarized herein; and
WHEREAS, the City Council wishes to accurately collect TUMF fees along with the other participating jurisdictions within the Coachella Valley as requested by the CVAG; and
WHEREAS, the City Council finds that this Resolution would promote the public interest, health, safety, convenience, or welfare of the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Desert Hot Springs as follows:
Section 1. RECITALS
That the foregoing recitals are true and correct and are herein adopted by this reference.
Section 2. CEQA FINDINGS
The City Council finds as follows:
1. The Project is exempt from the CEQA guidelines14 Cal. Code. Regs Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Resolution in question may have a significant effect on the environment as set forth in Section 21080.17 of the Public Resources Code.” The Project involves an adjustment in TUMF fees as per CPI.
Section 3. ADOPTION OF FEES
That the City Council hereby adopts the TUMF fees as per the below:
Item Number: 9.
TUMF Category Current Rate Proposed Rate Difference
Residential (per dwelling unit)
Single family detached $2,740 $2,840 $100
Multi-family attached $1,580 $1,635 $55
Nursing/congregate care $585 $605 $20
Transit oriented single family $2,330 $2,415 $85
Transit oriented multi-family $1,345 $1,395 $50
Non-Residential (per 1,000 sq. ft)
Retail $7,130 $7,385 $255
Office $2,835 $2,935 $100
Industrial $1,440 $1,490 $50
Fuel - gas (per dispensing unit) $10,220 $10,585 $365
Fuel - electric (per dispensing unit) $105 $110 $5
Hotel (per room) $4,165 $4,315 $150
Golf course (per acre) $1,090 $1,130 $40
Further, all TUMF fees are increased as of January 1, 2025 by the CPI, by 3.6 percent.
Section 4. SEVERABILITY
That, should any provision, section, paragraph, sentence or word of this resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
Section 5. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Municipal Code as heretofore adopted by the City of Desert Hot Springs that are in conflict with the provisions of this Resolution are hereby repealed.
Section 6. AMENDING OF BAIL SCHEDULE
That the City Attorney’s Office is hereby directed to determine whether this Resolution necessitates amendment of the City’s Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.
Section 7. CERTIFICATION
That the City Clerk shall certify to the passage of this Resolution and shall cause the same to be published according to law.
Item Number: 9.
PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the ___ day of ______, 2024 by the following vote:
Ayes:
Noes:
Abstain:
Absent:
_______________________________
Scott Matas, Mayor
ATTEST:
____________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
____________________________________
Tuan-Anh Vu, City Attorney
Item Number: 9.
ITEM 7H
Coachella Valley Association of Governments
Executive Committee
April 29, 2023
STAFF REPORT
Subject: TUMF Inflation Adjustment for Calendar Year 2025 Contact: Peter Satin, Conservation Program Manager ([email protected]) Recommendation: Adopt a 3.6-percent increase in Transportation Uniform Mitigation Fee (TUMF) rates to take effect January 1, 2025, and update the TUMF Handbook to reflect the revised fee upon its effective date
Transportation Committee: Concurred (Meeting of April 1) Background: The Transportation Uniform Mitigation Fee (TUMF) was established in 1989 as a one-time impact fee charged on all new development occurring within the CVAG region. Monies collected through the TUMF program are applied to transportation-related capital facilities and infrastructure required to serve new growth within the Coachella Valley and are intended to compliment revenue generated through Riverside County’s Measure A sales tax. To date, TUMF has provided less than the intended share of match toward Measure A funding.
The current TUMF rates were adopted in 2018 upon the completion of a revised Nexus Study, Transportation Project Prioritization Study, Regional Arterial Cost Estimate, and Active Transportation Plan. Prior to their adoption, the fee had remained unchanged at $192/trip for over a decade. The 2018 Nexus Study originally proposed a revised fee of $751/trip; however, this fee was reduced to the current $245/trip after re-evaluating which regional transportation projects would likely be built in the near-term. This rate equates to $2,313 for a single-family dwelling, as compared to the $10,104 currently charged by Western Riverside Council of Governments for similar development.
The 2018 TUMF Handbook allows for the consideration of an annual inflation adjustment:
The inflation factor shall be the same one utilized by the Coachella Valley Local Development Mitigation Fee, based on the Riverside-San Bernardino-Ontario Consumer Price Index (CPI). Such CPI will be reviewed annually by the Executive Committee which will determine whether or not to apply the inflation factor.
The Local Development Mitigation Fee (LDMF) inflation factor is calculated on the CPI for All Urban Consumers (CPI-U), All items, as the over-the-year percent change, measured as of December in the calendar year which ends in the previous fiscal year. The Riverside-San Bernardino-Ontario CPI is measured every other month, and does not include data for the month of December. To approximate a data point for an unrecorded month, the Bureau of Labor Statistics (BLS) recommends taking the square root of the product of the indexes for the preceding and subsequent months, in this case November and January. This approximated December data point can then be used to calculate the over-the-year percent change.
Item Number: 9.
Applying regular increases due to inflation is a preferred approach to infrequent increases to catch up over time. An inflation factor of 7.4-percent was applied across each of CVAG’s TUMF categories by the Executive Committee at its April 2023 meeting. In accordance with California’s Mitigation Fee Act, and to allow member jurisdictions time to update their local TUMF ordinances as needed, implementation of the inflation factor did not go into effect until January 1, 2024.
The CPI-U, All items for the Riverside-San Bernardino-Ontario metropolitan area rose by 3.58- percent for calendar year 2023. BLS notes that some entities choose to calculate “core” inflation on the CPI-U, less food and energy (the latter of which includes motor fuel), as these items tend to be more volatile in their pricing. Removing these volatile items from the regional CPI results in an inflation factor of 4.72-percent, largely due to reductions in the price of fuel and other energy sources. CVAG staff recommend applying the CPI-U, All items inflation factor of 3.58-percent to the current fee assessments, as described in the below table.
TUMF Category Current Rate Proposed Rate Difference
Residential (per dwelling unit)
Single family detached $2,740 $2,840 $100
Multi-family attached $1,580 $1,635 $55
Nursing/congregate care $585 $605 $20
Transit oriented single family $2,330 $2,415 $85
Transit oriented multi-family $1,345 $1,395 $50
Non-Residential (per 1,000 sq. ft)
Retail $7,130 $7,385 $255
Office $2,835 $2,935 $100
Industrial $1,440 $1,490 $50
Fuel - gas (per dispensing unit) $10,220 $10,585 $365
Fuel - electric (per dispensing unit) $105 $110 $5
Hotel (per room) $4,165 $4,315 $150
Golf course (per acre) $1,090 $1,130 $40
The revised rates would be implemented January 1, 2025 so that member jurisdictions will have sufficient time to amend local ordinances. The rates listed in the TUMF Handbook will also be updated at that time to reflect the adjustment.
This information was provided to the Desert Valleys Builders Association (DVBA) for comment on March 8, 2024. They have submitted a letter (attached) indicating support for a “periodic, systematic, and standard increase.”
Fiscal Analysis: Based on TUMF revenues generated in fiscal year 2022-2023, adjusting current TUMF rates based on the CPI-U, All items inflation rate of 3.56-percent would result in additional revenue of $275,774.
Revising the TUMF Handbook will have no fiscal impact.
Attachments: DVBA comment letter dated March 21, 2023
Item Number: 9.
Item Number: 9.
ITEM 7H
Coachella Valley Association of Governments
Executive Committee
April 29, 2023
STAFF REPORT
Subject: TUMF Inflation Adjustment for Calendar Year 2025 Contact: Peter Satin, Conservation Program Manager ([email protected]) Recommendation: Adopt a 3.6-percent increase in Transportation Uniform Mitigation Fee (TUMF) rates to take effect January 1, 2025, and update the TUMF Handbook to reflect the revised fee upon its effective date
Transportation Committee: Concurred (Meeting of April 1) Background: The Transportation Uniform Mitigation Fee (TUMF) was established in 1989 as a one-time impact fee charged on all new development occurring within the CVAG region. Monies collected through the TUMF program are applied to transportation-related capital facilities and infrastructure required to serve new growth within the Coachella Valley and are intended to compliment revenue generated through Riverside County’s Measure A sales tax. To date, TUMF has provided less than the intended share of match toward Measure A funding.
The current TUMF rates were adopted in 2018 upon the completion of a revised Nexus Study, Transportation Project Prioritization Study, Regional Arterial Cost Estimate, and Active Transportation Plan. Prior to their adoption, the fee had remained unchanged at $192/trip for over a decade. The 2018 Nexus Study originally proposed a revised fee of $751/trip; however, this fee was reduced to the current $245/trip after re-evaluating which regional transportation projects would likely be built in the near-term. This rate equates to $2,313 for a single-family dwelling, as compared to the $10,104 currently charged by Western Riverside Council of Governments for similar development.
The 2018 TUMF Handbook allows for the consideration of an annual inflation adjustment:
The inflation factor shall be the same one utilized by the Coachella Valley Local Development Mitigation Fee, based on the Riverside-San Bernardino-Ontario Consumer Price Index (CPI). Such CPI will be reviewed annually by the Executive Committee which will determine whether or not to apply the inflation factor.
The Local Development Mitigation Fee (LDMF) inflation factor is calculated on the CPI for All Urban Consumers (CPI-U), All items, as the over-the-year percent change, measured as of December in the calendar year which ends in the previous fiscal year. The Riverside-San Bernardino-Ontario CPI is measured every other month, and does not include data for the month of December. To approximate a data point for an unrecorded month, the Bureau of Labor Statistics (BLS) recommends taking the square root of the product of the indexes for the preceding and subsequent months, in this case November and January. This approximated December data point can then be used to calculate the over-the-year percent change.
Item Number: 9.
Applying regular increases due to inflation is a preferred approach to infrequent increases to catch up over time. An inflation factor of 7.4-percent was applied across each of CVAG’s TUMF categories by the Executive Committee at its April 2023 meeting. In accordance with California’s Mitigation Fee Act, and to allow member jurisdictions time to update their local TUMF ordinances as needed, implementation of the inflation factor did not go into effect until January 1, 2024.
The CPI-U, All items for the Riverside-San Bernardino-Ontario metropolitan area rose by 3.58- percent for calendar year 2023. BLS notes that some entities choose to calculate “core” inflation on the CPI-U, less food and energy (the latter of which includes motor fuel), as these items tend to be more volatile in their pricing. Removing these volatile items from the regional CPI results in an inflation factor of 4.72-percent, largely due to reductions in the price of fuel and other energy sources. CVAG staff recommend applying the CPI-U, All items inflation factor of 3.58-percent to the current fee assessments, as described in the below table.
TUMF Category Current Rate Proposed Rate Difference
Residential (per dwelling unit)
Single family detached $2,740 $2,840 $100
Multi-family attached $1,580 $1,635 $55
Nursing/congregate care $585 $605 $20
Transit oriented single family $2,330 $2,415 $85
Transit oriented multi-family $1,345 $1,395 $50
Non-Residential (per 1,000 sq. ft)
Retail $7,130 $7,385 $255
Office $2,835 $2,935 $100
Industrial $1,440 $1,490 $50
Fuel - gas (per dispensing unit) $10,220 $10,585 $365
Fuel - electric (per dispensing unit) $105 $110 $5
Hotel (per room) $4,165 $4,315 $150
Golf course (per acre) $1,090 $1,130 $40
The revised rates would be implemented January 1, 2025 so that member jurisdictions will have sufficient time to amend local ordinances. The rates listed in the TUMF Handbook will also be updated at that time to reflect the adjustment.
This information was provided to the Desert Valleys Builders Association (DVBA) for comment on March 8, 2024. They have submitted a letter (attached) indicating support for a “periodic, systematic, and standard increase.”
Fiscal Analysis: Based on TUMF revenues generated in fiscal year 2022-2023, adjusting current TUMF rates based on the CPI-U, All items inflation rate of 3.56-percent would result in additional revenue of $275,774.
Revising the TUMF Handbook will have no fiscal impact.
Attachments: DVBA comment letter dated March 21, 2023
Item Number: 9.
Item Number: 9.
SR-24-191
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: September 17, 2024
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Conflict of Interest Code Biennial Review and Update RECOMMENDATION:
Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, amending the City's Conflict of Interest Code.
BACKGROUND:
The purpose of the Political Reform Act (Government Code Sections 81000 et seq.) is to prevent conflicts of interest through disclosure and disqualification. To facilitate this purpose, the Political Reform Act (the “Act”) requires that certain public officials and employees disclose their personal financial interests: 1) upon assuming office, 2) annually while serving in office, and 3) again upon leaving office. Disclosure is made on a form called a "Statement of Economic Interests" (FPPC Form 700). Filed forms are public documents that must be made available to anyone who requests them.
The City Clerk is the designated Filing Official for the City.
The following positions are required to file a Form 700 pursuant to Government Code § 87200, and are not governed by the City’s Conflict of Interest Code. The positions are listed below for informational purposes only.
Mayor and City Council
Planning Commissioners
City Manager
City Treasurer
City Attorney
Consultants employed by the City to manage public investments In addition to the above-referenced positions, the Act mandates that local agencies adopt a Conflict of Interest Code that designates certain officials and employees who are also required to file Form 700s because they could foreseeably make or participate in making governmental decisions that could affect their personal financial interests. The Act requires that Conflict of Interest Codes establish disclosure categories for each designated position that tailors the disclosure requirements for each position to the types of governmental decisions a person holding that position could make.
Item Number: 10.
SR-24-191
DISCUSSION:
The Act requires all local government agencies to review their Conflict of Interest Code biennially, in even years, to determine if updates are needed. Accordingly, the City has reviewed the City’s existing Conflict of Interest Code and has prepared an updated Conflict of Interest Code as set forth in the attached resolution (Exhibit 1). The resolution reflects the following positions that are required to file a Form 700.
FISCAL IMPACT:
None.
ATTACHMENTS:
1) Conflict of Interest Code Update Resolution
Item Number: 10.
RESOLUTION NO. 2024-_______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS AMENDING THE CITY’S CONFLICT OF INTEREST
CODE
WHEREAS, the Political Reform Act of 1974 (Government Code sections 81000 et seq., the “Act”) and regulations promulgated thereunder require the City adopt a conflict of interest code and update the same on a biennial basis; and WHEREAS, the Fair Political Practices Commission (“FPPC”) has adopted a regulation (Section 18730 of Title 2 of the California Code of Regulations) containing a standardized conflict of interest code (“Model Code”) which, if adopted by the City and incorporated by reference along with a designation of employees required to disclose interests (Appendix “A”) and disclosure categories (Appendix “B”), will constitute the conflict of interest code required by the Act; and
WHEREAS, the City Council desires to reaffirm its adoption of the Model Code by reference; and
WHEREAS, the City Council desires to make changes to Appendix “A” to reflect changed circumstances, such as the creation or abolition of positions and the reassignment of duties; and
WHEREAS, the City Council desires to reaffirm the disclosure categories set forth at Appendix “B”.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL, AS FOLLOWS:
Section 1. RECITALS
That the recitals set forth above are true and correct.
Section 2. CODE ADOPTION
That the terms of the Model Code set forth in Regulation 18730 of Title 2 of the California Code of Regulations and any amendments to it duly adopted by the FPPC, together with attached Appendix “A” in which officials and employees are designated as filers and attached Appendix “B” in which disclosure categories are described, are hereby incorporated by this reference and shall together constitute the Conflict of Interest Code for the City of Desert Hot Springs (“Conflict of Interest Code”).
Section 3. FILING OFFICER
That the City Clerk is designated as the Filing Official for the City of Desert Hot Springs and shall perform the duties of Filing Official.
Item Number: 10.
Section 4. REQUIRED FILERS
That the positions designated in this section are required to file Statements of Economic Interest pursuant to Government Code Section 87200, and are not governed by the Conflict of Interest Code. The positions are listed herein for informational purposes only:
(a) Mayor
(b) City Council
(c) Planning Commissioners
(d) City Manager
(e) City Treasurer
(f) City Attorney
(g) Consultants employed by the City to manage public investments Section 5. DESIGNATED FILERS
That “Appendix A” identifies each designated position required to file a Statement of Economic Interest (FPPC Form 700) because the position is charged with making or participating in governmental decisions. Persons employed in the designated positions (“Designated Filers”) shall file the original of their FPPC Form 700 with the Filing Officer, who shall retain the originals.
Section 6. RESCINDED AND SUPERSEDED PROVISIONS
That all previously adopted conflict of interest provisions and appendices relating to the contents of the Conflict of Interest Code are hereby rescinded and superseded.
Section 7. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
Section 8. EFFECTIVE DATE
That this Resolution shall take effect upon its adoption.
Section 9. CERTIFICATION
That the City Clerk shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law.
Item Number: 10.
PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on this 17th day of September, 2024, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
______________________________
ATTEST: Scott Matas, Mayor
_______________________________
Jerryl Soriano, CMC, City Clerk
APPROVED AS TO FORM:
_______________________________
Jennifer Mizrahi, City Attorney
Item Number: 10.
APPENDIX “A”
Designated Filers
Position Disclosure
Category Department
1 Administrative Services Director A Administrative Services 2 Assistant City Attorney A City Attorney
3 Assistant City Manager A City Manager
4 Associate Engineer A Public Works
5 Building Official A Community Development
6 Cannabis Compliance Supervisor A Code & Cannabis Compliance 7 City Clerk A City Clerk
8 City Engineer A Public Works
9 Code Compliance Supervisor A Code & Cannabis Compliance 10 Communications & Records Manager A Police
11 Community Development Director A Community Development 12 Compliance Director A Code & Cannabis Compliance
13 Consultants* A N/A
14 Deputy City Attorney A City Attorney
15 Deputy City Manager A City Manager
16 Deputy Police Chief A Police
17 Finance Manager A Administrative Services
18 Human Resources Manager A City Manager
19 Information Technology Manager A Administrative Services 20 Management Analyst A Various
21 Members of the Public Safety Commission A N/A
22 Police Chief A Police
23 Principal Planner A Community Development
24 Public Works Director A Public Works
25 Recreation & Community Services Director A Recreation & Community Services 26 Support Services Manager A Police
*Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation:
The City Manager may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this Conflict of Interest Code. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and locations as this Conflict of Interest Code.
Disclosure Category A: Full disclosure is required for all Designated Filers. Full disclosure includes all interest in real property located within the City of Desert Hot Springs, as well as investments, business positions and sources of income, including gifts, loans and travel payments. Designated Filers shall complete all schedules on the FPPC Form 700.
Item Number: 10.
APPENDIX “B”
Disclosure Categories
Full disclosure is required for all Designated Filers. Full disclosure includes all interest in real property located within the City of Desert Hot Springs, as well as investments, business positions and sources of income, including gifts, loans and travel payments.
Designated Filers shall complete all schedules on the FPPC Form 700.
Item Number: 10.
SR-24-192
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: September 17, 2024
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Designation of Voting Delegate and Alternate(s) for the 2024 Cal Cities Annual Conference
RECOMMENDATION:
Appoint one (1) voting delegate and up to two (2) alternates for the 2024 Cal Cities Annual Conference.
DISCUSSION:
The 2024 Cal Cities Annual Conference will be held on October 16-18 in Long Beach, California. An important part of the Annual Conference is the Annual Business Meeting which will take place on Friday, October 18, 2024 during the General Assembly. At this meeting, the League membership considers and takes action on resolutions that establish League Policy.
In order to vote at the Annual Business Meeting, the City Council must designate a voting delegate.
The City Council may also appoint up to two (2) alternate voting delegates.
FISCAL IMPACT:
There is no fiscal impact.
Item Number: 11.