Minutes — Desert Hot Springs City Council, January 21, 2025 (part 3 of 5)

7 project developers related to meeting the requirements of the California Environmental Quality Act (CEQA) as well as the National Environmental Policy Act (NEPA) where applicable. Currently, the City has three pre-qualified environmental services consulting firms:

1. Terra Nova Planning and Research, Inc.

2. ECORP Consulting

3. MSA Consulting
The City will vet the qualifications of all consultants selected to be on the pre-approved list. Generally, the work of a pre-qualified Environmental Consultant does NOT need to be peer reviewed unless it contains specialized information that requires technical analysis and review as needed by City staff. The City will provide a list of pre-qualified Environmental Consultants to prospective project developers for their consideration, however developers are able to select their own consultant. Selection of an Environmental Consultant is at the will of a project developer and the City does not get involved in the selection process or payment for services. The City will NOT take a deposit for the Consultant’s work. Payment of services to the Environmental Consultant is made directly by the project developer to the Environmental Consultant. The City reserves the right to contract directly with a pre-qualified environmental consulting firms for a City project if in need of specialized consulting services beyond Category 3.

B. Potential Scope of Work
Consultants will be required to complete checklists and prepare environmental studies that may result in a Negative Declaration, a Mitigated Negative Declaration, or an Environmental Impact Report (EIR), or supplemental studies. Potential Tasks include:

1. Conduct the Initial Study under CEQA using the required standardized CEQA checklist.

2. Prepare potential CEQA documents including Negative Declarations, Mitigated Negative Declarations, Environmental Impact Reports, Supplemental Environmental Impact Reports, or Addendum to Mitigated Negative Declarations and Environmental Impact Reports.

3. Conduct all studies necessary for a complete environmental analysis including any related studies such as Jurisdictional Delineations for the U.S. Army Corps of Engineers, and Letters of Map Revision/ Conditional Letters of Map Revisions (LOMR/CLMOR) for FEMA as needed.

4. Draft AB 52 and SB 18 letters as needed.

5. Submit to the State Clearing House

6. Prepare and distribute potential Notices of Availability, Notices of Completion and Notices of Determination during the appropriate time in the project’s schedule.

7. Assemble, review, and respond to public comments.

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8 8. Prepare the potential environmental analysis sections for staff reports and/or resolutions.

9. Assemble and distribute final environmental documents that are necessary.

10. Prepare other potential NEPA/CEQA documents such as Mitigation Monitoring Programs, Findings of Fact, and Statement of Overriding Considerations.

C. Submission Requirements
Provide the following information for this category:

1. Provide the name of the Environmental Consultant, address, telephone number, and email address of the contact person on the cover page.

2. Provide an organizational chart and list all employees who may be involved in providing this service.

3. Provide the resume of the Consultant’s Project Manager and of any other key staff with experience in NEPA/CEQA. Staff should have experience in working with the public, making presentations, and writing staff reports.

4. Provide a list of sub-consultants that are routinely used on NEPA/CEQA studies by the Environmental Consultant when the work is not done in-house. These can include engineers, biologists, air quality and greenhouse gas specialists, archeologists, architects, etc. Include contact information such as company name, address, contact person, telephone number, and email address.

5. Provide a list of CEQA/NEPA documents prepared for local or state governments the Consultant has completed in the last three (3) years. Include the project name, a brief paragraph description, client, year completed, type of document (NEPA/CEQA – Neg-Dec, MND, EIR, Addendum, etc.), and the entitlement outcome (approved or disapproved).

6. Describe the Environmental Consultant’s experience in Entitlement Review beyond environmental studies such as preparations of masterplans, specific plans, and tract maps, as well as routine presentations to Planning Commissions, City Councils, or Board of Supervisors.

7. Provide five (5) references with contact information for similar types of services provided to project developers including local governments.

8. Provide a Cost Schedule of all Employees (Hourly Fully Burdened Rate) and any Administrative Costs.

D. Evaluation Criteria
The Statement of Qualifications will be ranked by the following Criteria:

1. Resources of Environmental Consultant and subconsultants – 20 points

2. Experience of Project Manager and key staff – 20 points

3. Related experience in environmental consulting – 30 points

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9 4. Related experience in entitlement review process beyond environmental consulting – 10 points

5. References – 10 points

6. Costs of services – 10 points

3. CATEGORY 2 - PRE-QUALIFIED PEER REVIEW FOR ENVIRONMENTAL

CONSULTING SERVICES
A. Background
This category establishes a list of one or more pre-qualified environmental review consulting firms (Peer Review Consultant) to provide peer review of the work for consulting firms that are NOT on the pre-qualified list (Category 1). Occasionally, the Peer Review Consultant may review the work of pre-qualified environmental consulting firms when specialized analysis and review of technical data is needed by City staff.

Currently, the City has one pre-qualified peer review environmental services consulting firm:

1. Chambers Group, Inc.

The City will contract with one or more Peer Review Consultants to review environmental studies and documentation that are NOT conducted by a pre-qualified Environmental Consultant. There may be instances when those studies are for projects that are relatively simple and peer review would not be needed.

This will be done by first obtaining an estimated cost from the Peer Review Consultant by the City. An amount will be collected from the project developer as a deposit for the peer review. Payment will be made after the Peer Review Consultant completes the review. Peer Review Consultants are required to have the expertise on staff or within their subcontractors to review all technical studies provided in a NEPA/CEQA analysis.

B. Potential Scope of Work

1. Review NEPA/CEQA documents from project developers including Negative Declarations, Mitigated Negative Declarations, Environmental Impact Reports, Supplemental Environmental Impact Reports, or Addendums to Environmental Impact Reports.

2. Review all studies completed for the environmental analysis including any related studies such as Jurisdictional Delineations for the U.S. Army Corps of Engineers, and Letters of Map Revision/ Conditional Letters of Map Revisions (LOMR/CLMOR) as needed.

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10 3. Review mitigation measures and monitoring programs from the study for conformance with all applicable local, State, and Federal laws and regulations.

4. Review (if needed) Notices of Availability, Notices of Completion and Notices of Determination during the appropriate time in the project’s schedule.

5. Review the Response to Comments provided by the pre-qualified environmental consultant.

6. Review any environmental analysis sections of staff report, Findings of Fact, Statement of Overriding Considerations, and/or resolutions (if required).

7. Review any final environmental documents that are necessary.

C. Submission Requirements
Provide the following information for this category:

1. Provide the name of the Environmental Consultant, address, telephone number, and email address of the contact person on the cover page.

2. Provide an organizational chart and list of all employees who may be involved in providing this service to the City.

3. Provide the resume of the Consultant’s Project Manager and of any other key staff with experience in review of NEPA/CEQA. Staff should have experience in working with the public, making presentations, and writing staff reports.

4. Provide a list of sub-consultants that are routinely used in the review of NEPA/CEQA studies by the Environmental Consultant when the work is not done in-house. These can include engineers, biologists, air quality and greenhouse gas specialists, archeologists, architects, etc. Include contact information such as company name, address, contact person, telephone number, and email address.

5. Provide a list of CEQA/NEPA documents reviewed for local or state governments the Consultant has completed in the last three (3) years. Include the project name, a short paragraph project description, client, year completed, type of document (NEPA/CEQA – Neg-Dec, MND, EIR, Addendum, etc.), and the entitlement outcome (approved or disapproved)

6. Describe the Environmental Consultant’s experience in Entitlement Review beyond environmental studies such as review of masterplans, specific plans, and tract maps.

7. Provide five (5) references with contact information for similar types of services provided to project developers or local governments.

8. Provide a Cost Schedule of all Employees (Hourly Fully Burdened Rate) and any Administrative Costs.

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11 D. Evaluation Criteria
The Statement of Qualifications will be ranked by the following Criteria:

1. Resources of Consultant and subconsultants – 20 points

2. Experience of Project Manager and key staff – 20 points

3. Related experience in environmental consulting – 30 points

4. Related experience in entitlement review process beyond environmental consulting – 10 point

5. References – 10 points

6. Costs of services – 10 points

4. CATEGORY 3- PLANNING AND ENVIRONMENTAL SERVICES (DIRECTLY FOR

THE CITY OF DESERT HOT SPRINGS)
A. Background
This category creates a list of one or more planning and environmental consultants, hereinafter known as Planning Consultant, that have capabilities to provide comprehensive planning and environmental services directly to the City. City projects that may require planning and environmental consulting services can include:
• Updating the Zoning Code (Title 17)
• Updating the City’s General Plan or Elements therein
• Updating the City’s Housing Element
• Updating the City’s land use/zoning maps
• Developing Specific Plans and other area specific planning documents • Compiling demographic and economic data
• Site specific planning and environmental support for specific development projects undertaken by the City such as affordable housing, government facilities, infrastructure facilities, park and recreational facility development, etc.

The City will contract directly with the Planning Consultant and issue a Purchase Order for each task. Payments will be made directly to the Planning Consultant.

B. Potential Scope of Work

1. Preparation of Planning Documents such as General Plans (or elements), Specific Plans, Masterplans, or Area Plans and related environmental documents needed for project clearance.

2. Conduct outreach meetings with the public on plans including workshops, community and neighborhood meetings, public hearings, on-line communications platform (e.g. Zoom), social media, and print media.

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12 3. If needed, participate in potential meetings and presentations with staff, department heads, the Planning Commission, and City Council.

C. Submission Requirements
Provide the following information for this category:

1. Provide the name of the Planning Consultant, address, telephone number, and email address of the contact person on the cover page.

2. Provide an organizational chart and list all employees who may be involved in providing this service to the City.

3. Provide the resume of the Consultant’s Project Manager and of any other key staff with experience in the development of Planning Documents. Staff should have experience in working with the public, making presentations, and writing staff reports.

4. Provide a list of sub-consultants that are routinely used in the development of Planning Documents by the Planning Consultant when the work is not done inhouse. These can include engineers, architects, landscape architects, graphic designers, demographers, etc. Include contact information such as company name, address, contact person, telephone number, and email address.

5. Describe the Planning Consultant’s broad experience in the preparation of masterplans, specific plans, and tract maps, as well as routine presentations to Planning Commissions, City Councils, or Board of Supervisors.

6. Provide a list of Planning Documents prepared for local or state governments the Consultant has completed in the last three (3) years. Include the project name, a brief paragraph description, client, year completed, type of document (General Plan, Specific Plan, Master Plan, Area Plan, etc., and the entitlement outcome (adopted, approved, disapproved, etc.)

7. Provide five (5) references with contact information for similar types of services provided to local governments.

8. Provide a Cost Schedule of all Employees (Hourly Fully Burdened Rate) and any Administrative Costs.

D. Evaluation Criteria
The Statement of Qualifications will be ranked by the following Criteria:

1. Resources of Consultant and subconsultants – 20 points

2. Experience of Project Manager and key staff – 20 points

3. Related experience in environmental consulting – 30 points

4. Related experience in entitlement review process beyond environmental consulting – 10 point

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13 5. References – 10 points

6. Costs of services – 10 points

5. CATEGORY 4 -STAFF AUGMENTATION PLANNING SERVICES (AT THE CITY OF

DESERT HOT SPRINGS CITY HALL)
A. Background
During vacancies in planning positions or temporary absences of City planners, the City may have the need for additional staff support. Staff augmentation planning services, hereinafter called Staff Augmentation Provider, would act in the role of an Assistant or Associate Planner taking direction from the Principal Planner.

The City is open 4 days a week from 7 am to 6 pm, being closed on Fridays. Generally, the busiest times are 8 am to 5 pm with Thursdays typically being the busiest. The City is flexible on the days and times of support and will work with the Staff Augmentation Provider on the appropriate levels of support during staff absences.

The City will contract directly with the Staff Augmentation Provider and issue a Purchase Order for a period of support. Payments will be made directly to the Consultant.

B. Potential Scope of Work

1. Answer general questions from the public, builders, developers, or other agencies relating to planning and community development that may come via telephone, email, or at the front counter.

2. Review potential application packages for completeness on projects such as General Plan Amendments, Zone Changes, Specific Plans, Specific Plan Amendments, Subdivision Maps, and Development Permits, Design Reviews, and Conditional Use Permits.

3. Review Site Plans, Architectural Elevations, and Landscape Plans for compliance with City Regulations.

4. Coordination with applicants, conducting plan checks, and performing final inspections and for compliance with approved plans.

5. If needed, participate in potential developer meetings such as Pre-Application Meetings, Scoping Meetings, and Development Review Meetings.

6. Prepare necessary Hearing Notices and Staff Reports for the Planning Commission and City Council.

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14 7. Prepare transmittals and coordinate with responsible or reviewing Agencies.

8. Assist the City’s in preparation of visual displays such as PowerPoint.

C. Submission Requirements

1. Provide the name of the Staff Augmentation Provider, address, telephone number, and email address of the contact person on the cover page.

2. Provide an organizational chart and list of all employees who may be involved in providing this service to the City.

3. Provide the resume of the resource(s) that would be assist the City with staff augmentation.

4. Provide the resumes of any other staff that would be involved in aspects of managing those resources.

5. Provide three (3) references for similar types of services provided to project developers including local governments.

6. Provide a Cost Schedule of all Employees (Hourly Fully Burdened Rate) and any Administrative Costs.

D. Evaluation Criteria
The Statement of Qualifications will be ranked by the following Criteria:

1. Resources of Consultant – 30 points

2. Experience of proposed resource(s) – 50 points

3. References - 10 points

4. Costs of services – 10 points

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15 6. RFQ SCHEDULE:

The following is the City's tentative schedule for the selection of a consulting firms to provide Planning and Environmental Services to the City:

1. RFQ issued April 25, 2024

2. RFQ Question Deadline May 16, 2024

3. Deadline for filing Statement of Qualifications May 30, 2024

4. City review of Statement of Qualifications June 3 – June 6, 2024

5. Interviews (If needed) June 10-11, 2024

6. City Council Approval of Consultants TBD
Prior to 5:00 p.m. on May 30, 2024, provide five (5) hard copies of the Statement of Qualifications and an electronic version (either e-mailed or submitted via USB Storage Device) to:

Travis Clark
[email protected]
Community Development Director
Community Development Department
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
All Statement of Qualifications must be received by the City no later than 5:00 PM, PST, May 30, 2024, where at such time and said place Any Statement of Qualifications received after that time and date specified shall NOT be considered.

All questions regarding this RFQ should be directed to Travis Clark, Community Development Director at [email protected]. Contact with City of Desert Hot Springs personnel other than those listed above regarding this RFQ may be grounds for elimination from the selection process. If you are interested in receiving answers to questions and/or updates contact Travis Clark as soon as possible so that you will have the most current information.

The City will also accept questions via email; however, all emailed questions must be received by the City no later than 5:00 PM, PST, May 16, 2024. Send email questions to Travis Clark, Community Development Director at [email protected]. Inquiries

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16 received after 5:00 PM May 16, 2024 will not be accepted or answered. Responses from the City will be communicated in writing to all parties who have expressed interest in this RFQ via e-mail.

7. SELECTION PROCESS
City staff will rank each Statement of Qualifications using the evaluation criteria in each category above. The City may select one or more consultants from each category.

8. TERM OF CONTRACTS
All contracts in each category will be for a five-year period.

9. LEGAL INFORMATION

1. The City of Desert Hot Springs has outlined the Scope of Work for each category in this document.

2. The Consultant shall defend, indemnify, and hold the City of Desert Hot Springs, its officers, agents, volunteers, and employees free and harmless from any and all causes of action or claims of damages arising out of or related to the Consultant’s performance under this contract.

3. The City reserves the right to negotiate terms and scope of work with the highest ranked Consultants. If an agreement cannot be negotiated the City reserves the right to negotiate with the next ranked Consultant.

4. Selected Consultants are required to comply with all existing State and Federal labor laws. If the Consultant out-sources any work or job to a Sub-Contractor/SubConsultant, it will be the prime Consultant’s responsibility to ensure that all SubContractors/Consultants meet the requirements as stated in this RFQ.

5. Before execution of any potential contract, the selected Consultant will be obligated to provide evidence of liability insurance to include: Worker’s Compensation, General Liability, and Automobile Liability of $1,000,000 per occurrence, $2,000,000 aggregate.

6. The successful Consultants will be independent contractors, and nothing shall be construed to cause the Consultants to be deemed or represent itself as an employee of the City.

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17 7. Any evidence of agreement or collusion among Consultants acting illegally to restrain freedom of competition by agreement to propose a fixed price, or otherwise, will render the Statement of Qualifications of such Consultant void.

8. The selected Consultants agree to maintain a City of Desert Hot Springs Business License for the duration of the retainer agreement.

9. Future potential contracts between any Consultant and the City are nontransferable. Consultants shall not assign any potential agreement without written permission of the City. Consultants shall notify the City, in writing, of any potential change in ownership at least thirty (30) days prior to said change.

10. Prohibited Interest – No officer, elected official, or employee of the City of Desert Hot Springs shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant’s SubContractors/Consultants for this project, during his/her tenure or for one (1) year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Desert Hot Springs has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Consultant or Consultant’s sub-Contractors/Consultants on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

10. SAMPLE PROFESSIONAL SERVICES AGREEMENT

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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,

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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 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

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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 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

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Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the City.

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

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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.

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(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

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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

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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

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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.

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(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.

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(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.

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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.

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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.

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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.

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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.

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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.

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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.

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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

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EXHIBIT “A”

SCOPE OF SERVICES

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Category 4 - Staff Augmentation
FIRMS Resources of Consultant
Expeirence of Proposed ResourcesReferencesCosts of ServicesTOTAl Maximum Score 30 50 10 10 100
Score Reviewer 1 Reviewer 2 Average Reviewer 1 Reviewer 2 Average Reviewer 3 Reviewer 1 Reviewer 2 Average The Altum Group 24 25 24.5 47 45 46 8 9 7 8 86.5
Interwest 24 27 25.5 45 47 46 6 9 8 8.5 86
MNS Engineers 26 26 26 47 48 47.5 9 7 6 6.5 89 Page 320 of 760 PLANNING | ENGINEERING | SURVEY | ENVIRONMENTAL | URBAN DESIGN Request for Qualifications
City of Desert Hot Springs
Category 4 - Staff Augmentation
Planning Services
May 28, 2024
Prepared for:

City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Prepared by:

The Altum Group
44-600 Village Court, Suite 100
Palm Desert, CA 92260

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44-600 Village Court
Suite 100
Palm Desert, CA 92260
(760) 346-4750
www.thealtumgroup.com
May 30, 2024
Travis Clark
Community Development Director
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Subject: Statement of Qualifications for Category 4 – Staff Augmentation Planning Services Dear Mr. Clark,
The Altum Group (Altum) is pleased to submit our qualifications to the City of Desert Hot Springs (City) to provide on-call planning and environmental services. Altum is pleased to provide firm qualifications for all (4) categories described in the City issued RFQ, this SOQ is for Category 4, Staff Augmentation Planning Services.

We believe Altum will provide excellent service to the City for the following reasons:
 Contract Planning & Environmental Experience: Our firm is currently or has recently provided contract planning services to the Cities of Desert Hot Springs, Redlands, San Jacinto, Apple Valley, Indian Wells, Hemet, Beaumont, and Palm Springs both with on-site staff and through remote working via online platforms. Our thorough understanding of the staffing challenges that will need to be addressed within the City makes the Altum team a valuable resource for this contract.  CEQA and NEPA Experience: We assembled a team of subconsultants to assist with environmental documentation to satisfy the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). This team was selected based on relevant experience preparing and conducting peer reviews of CEQA documents for infrastructure, development, mixed-use, industrial, commercial, office, and transit-oriented development projects in the greater Inland Empire.  Key Staff Planners: Because our firm is smaller, we offer the City direct involvement from our management team. This includes the department Director, our Principal Planner, and Assistant Planners to provide services to the City. We have one staff member who is credentialed through the American Institute of Certified Planners (AICP) who has direct experience in contract planning and our additional planning staff have backgrounds in both private consulting and consulting for municipal agencies.

We are excited to support the City of Desert Hot Springs for this contract. If you have any questions about our technical capabilities, experience, or staff, please do not hesitate to contact us at (760) 346-4750 or [email protected].

Sincerely,
Stephen Nieto
Director Urban Planning + Land Development

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City of Desert Hot Springs

Page | ii

TABLE OF CONTENTS

1.1 Prime Consultant ......................................................................................................... 1

1.2 Contract Planning Services .......................................................................................... 2

1.3 Contract Planning Service Experience ......................................................................... 3 14 Proposed Team ............................................................................................................ 4

1.5 References ................................................................................................................... 6

1.6 Organizational Chart .................................................................................................... 7 Appendix
Resumes
Hourly Rates

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City of Desert Hot Springs
Category 4 - SOQ
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City of Desert Hot Springs
Category 4 - SOQ
Page | 1
CATEGORY 4 – STAFF AUGMENTATION PLANNING

SERVICES

1.1 PRIME CONSULTANT
The Altum Group is a multi-discipline consulting firm
offering expertise in environmental planning,
urban/municipal planning, geographical information
systems (GIS), civil engineering, surveying, and
project management. The Altum Group began with a core group of experienced professionals each with decades of experience in providing consulting services to public and private clients. The firm now employs over 30 professionals and supporting staff with diverse levels of expertise that allows us the ability to provide a wide array of services.

Altum staff includes California
Environmental Quality Act (CEQA) and
National Environmental Policy Act (NEPA)
project managers, urban planners,
scientists, GIS specialists, engineers, and
surveyors. We have developed refined skills
providing public and private clients with
consulting services including services for
infrastructure and private development
(including residential, commercial, and
industrial,), institutional design, energy
projects, parks and recreational planning,
subdivision design and infrastructure
management. We handle multiple contracts
and task orders simultaneously, with a reputation for providing high-quality work products on time and within budget.

The City of Desert Hot Springs is seeking planning and environmental consultants to assist the Planning Department with various functions in support of future development projects. This includes both contract planning/staff augmentation and development of CEQA/NEPA documents. Altum is pleased to provide firm qualifications for (4) categories described in the City issued RFQ. This SOQ is for Category 4 - Staff Augmentation Planning Services.

Why Altum?
The answer is rooted in our values, experience, and willingness to go the extra mile to make sure your project receives the best possible service and attention. The Altum Team is dedicated to the City of Desert Hot Springs and we have the experience to perform the tasks necessary to assure a successful project. The Altum Team has adequate professional staff who will be assigned to

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City of Desert Hot Springs
Category 4 - SOQ
Page | 2
each project based on the project needs and said staff will be dedicated to the project through completion. The Altum Team has an excellent reputation for success and professionalism as can be attested by our references offered in this proposal. The Altum Team believes in providing outstanding service to the best clients on the best projects. We begin with the end goal in mind.  Team of Experts
 Local Knowledge
 300+ Projects
Served
 700 years of
Combined
Experience
 Solid Reputation
 Focus on Client
Success
 Creative Solutions
 Collaborative
Approaches
 High Quality
Deliverables
 Outstanding
Services
 Timely Project
Completion

1.2 CONTRACT PLANNING SERVICES
Altum staff members have developed refined skills
providing public and private clients with consulting
services including project management and
contract planning for tasks of various scopes and
sizes. We pride ourselves on excellence for all tasks
whether it is approving a sign permit or preparing a
staff report for a large commercial development.

Our promise is to take ownership of tasks and strive
higher to do whatever it takes to deliver success.

Our Planning staff are available to provide key
aspects of contract planning including serving as a
City-appointed Project Manager for large scale
projects, peer reviewing CEQA documents and
related technical reports, conducting development
review, preparing staff reports and conditions of
approval, attending and making presentations at
Planning Commission and City Council meetings,
working with homeowners and businesses,
providing information on historic preservation, and
other related tasks.

Our team is adaptable and able to respond quickly. We have the big picture in mind and understand the importance of providing the highest quality customer service, being effective project managers and maintaining communication with the City. Our team has a vast knowledge in reviewing and/or processing discretionary and ministerial permits, managing projects from “beginning to end” and the preparation of documents in compliance with Federal, State, County, and other applicable regulations/policies. Our project managers keep accurate project schedules and budget tracking reports at all times. There is seldom a situation that can arise that we have not already seen and resolved.

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City of Desert Hot Springs
Category 4 - SOQ
Page | 3
We have a well-established Quality Assurance/ Quality Control (QA/QC) Program that will be implemented at the beginning of and throughout this contract. Our QA/QC Program includes a rigorous set of steps to ensure that all of our work products and deliverables are completed accurately the first time and meet or exceed the project’s goals. These include providing clear decisions and direction; continual supervision by experienced professionals; ongoing review of completed work products to ensure accuracy and completeness; utilizing project checklists; and continuous documentation of project decisions, assumptions, and recommendations.

1.3 CONTRACT PLANNING SERVICE EXPERIENCE
The Altum staff has extensive experience in the Counties of Riverside and San Bernardino and have managed on-call contracts for many public agencies including the Cities of Palm Springs, Indio, Colton, Redlands, Rancho Cucamonga, Fontana, Solana Beach, and Moreno Valley. Through our experience in working directly with public agencies and having former employees of public agencies we understand their needs and can provide superior planning services. The following projects outline our previous experience with public agency planning services contracts, project management services, and peer reviews.

City of Desert Hot Springs Planning Department
Client: Travis Clark, Community Development Director – (760) 329-6411 Project Team: Madeline Luke
Dates: March 2024 – Present
The Altum Group provided in-house contract planning services to the City of Desert Hot Springs Planning Department. Staff worked at the Desert Hot Springs City Hall providing customer service and assisting with planning assignments. Specific tasks included:
 Over the Counter Planning Support
 Conducting Preliminary Review for Potential Applicants  Researching Legal Implications on Development Agreements  Reviewing Commercial, Industrial, and Residential Plan Checks  Reviewing Sign Permits for Compliance with Sign Programs and Municipal Code City of San Jacinto Community Development Department
Client: Travis Randel - Planning & Community Development Director - (951) 654-7337 Dates: February 2021 - Present
The Altum Group is currently on assignment with the City of San Jacinto providing contract planning services as well as project management services for two large-scale entitlement applications. Staff are working at City Hall providing counter services by appointment and assisting with a backlog of development applications. Specific tasks include:
 Checking for completeness of formal applications (CUP, SP, TPM, TTM, ZC, GPA, etc.)  Providing Project Management services for assigned projects  Distributing applicable documents to internal Development Committee/Departments  Distributing and coordinate applicable materials to external agencies  Reviewing and commenting on all project related plans, studies, and other documents  Coordinating and communicating with key stakeholders
 Preparing staff reports, conditions of approval, and resolutions

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City of Desert Hot Springs
Category 4 - SOQ
Page | 4
 Scheduling and maintaining necessary project status reports  Overseeing the process for preparation of CEQA documentation  Peer reviewing CEQA/NEPA documents and related technical reports  Incorporating the CEQA findings into Staff Report and resultant agency actions (i.e., resolutions)  Meeting Attendance:
o Pre-Application Review with Applicant and City Staff
o Planning Commission Meetings for Assigned Projects (attending and presenting) o City Council Meetings for Assigned Projects (attending and presenting) o Other meetings as may be required/requested by City Manager City of Redlands Development Services Department
Client: Brian Desatnik, Director – (909) 798-7593
Project Team: Rich Malacoff
Dates: 2018 and 2019 (Two separate contracts)
The Altum Group provided contract planning services to the City of Redlands Development Services Department on two separate occasions. Staff worked at the Redlands City Hall providing customer service and assisting with planning assignments. Specific tasks included:
 Conducting Preliminary Review for Potential Applicants  Researching Legal Implications on Development Agreements  Approving Zoning Clearances and Preparing Zoning Verification Letters to Financial Institutions  Reviewing Commercial, Industrial, and Residential Plan Checks  Reviewing Grading Plans
 Reviewing Sign Permits for Compliance with Sign Programs and Municipal Code  Processing Special Use Permits for Special Events
 Providing support to the Historic Preservation Program  Approving Zoning Affidavits from the Department of Alcoholic Beverage Control, Department of Motor Vehicles, and the United States Department of Alcohol Tobacco and Firearms  Explaining the State Law and Local Interpretation for Additional Dwelling Units, Day Care, Chemical Dependence and Board and Care Homes
 Assigning Addresses to new homes and businesses and working with the Regional Government to assign addresses to new Rail Stations
 Providing complex zoning analysis on new and unusual land uses and providing Recommendations to the City Planner
 Training New Employees to work the Counter

1.4 PROPOSED TEAM
For this contract with the City of Beaumont we have included a robust project team that is adequately staffed and trained to successfully complete any planning or environmental assignments for the City.

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City of Desert Hot Springs
Category 4 - SOQ
Page | 5
Stephen Nieto, MA - Director of Urban Design + Land Development Mr. Nieto has over 14 years of professional experience and serves as the Director of Altum’s Urban Design and Land Development practice, overseeing land planning, planning, and environmental services. He has worked extensively on international and domestic large-scale master planning, urban design, and architectural projects. He has broad experience working with clients in the public and private sector to create implementable master plans, dynamic mixed- use developments, and multi-family residential projects with a focus on human-scale design, sustainability, and pedestrian oriented environments. Mr. Nieto is currently the Chair of the La Quinta Planning Commission, where he reviews entitlement projects, CEQA documents, specific plans, zoning subdivision maps, and zoning and code updates. In his Director role at Altum, Mr. Nieto develops land plans, specific plans, entitlements coordination, and environmental analysis. Projects include Classic Club Master Plan and Acrisure Arena, various planning and specific plans throughout Riverside County. Prior to joining Altum, Mr. Nieto worked as an Urban Design for large architecture firms AECOM and Gensler where he worked extensively on large-scale master planning, urban design, and architectural projects. His previous experience at these firms includes the Los Angeles River Revitalization Concept Plan and Master Plan Update, Orange Country Great Park Master Plan, Park 101 Freeway Cap Park, New Beijing City Waterfront Master Plan, NBA Clippers Arena Master Plan, and most recently was an integral team member in the planning and awarding of the 2028 Los Angeles Summer Olympic Bid.

Rich Malacoff, AICP - Principal Planner
Mr. Malacoff has over 30 years of experience in land use planning and environmental impact analysis in Southern California. He brings a high level of planning and design knowledge and understanding to the project team through his work for the Cities of Redlands, Cathedral City, Desert Hot Springs, and the Caltrans District 08 Planning Department. Mr. Malacoff uses his municipal experience to ensure projects are processed correctly and expeditiously. At Altum he oversees Planning and Entitlement assignments for private development clients and works as the go-between for City inquiries. In addition, he has provided contract planning services to the City of Redlands at various times based on his ability to understand the City and provide excellent customer service. Mr. Malacoff possesses a high level of CEQA knowledge and understanding through his work providing oversight for CEQA documents, his assistance with review of developer-provided studies, and his development of mitigation monitoring and reporting programs. He managed major projects including institutional, residential, commercial, and industrial developments for several Inland Empire cities. His most recent municipal experience includes work on the Two Bunch Palms Specific Plan EIR Addendum and Desert Land Ventures Specific Plan EIR for the City of Desert Hot Springs, and the Dutch Bros Coffee IS/MND and Church at the Red Door Specific Plan IS/MND for the City of Indio.

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City of Desert Hot Springs
Category 4 - SOQ
Page | 6
Madeline Luke – Assistant Planner & Environmental Planner Madeline Luke is an assistant planner with a background in planning and environmental documentation. Madeline received a Bachelor of Science in Sustainable Business and Environmental Studies from the University of Redlands. Her experience includes work on housing, recreation, energy, and commercial projects requiring analysis under CEQA. In addition to conducting technical analysis, Ms. Luke is skilled at preparing the exhibits and mapping for projects through GIS and other graphic software. She has experience preparing analysis for technical issue areas and preparing and circulating required public noticing. Previous projects include preparing IS/MND, Categorical Exemptions, coordinating with technical environmental consultants for a variety of projects including single and multi-family projects, commercial, industrial, and recreational projects.

Shellie m. Zias-Roe, PH.D., AICP-CEP – Senior Environmental Planner / QAQC Mrs. Zias-Roe has over 14 years of experience in environmental policy, CEQA/NEPA documentation, management, and sustainable development.

She excels in forging partnerships with federal, state, and local resource agencies and preparing data-driven regulatory reports and permits. Currently an Assistant Professor at the University of Redlands, Mrs. Zias-Roe has also served as an Environmental Planner for the County of San Bernardino. With vast knowledge in environmental planning, Mrs. Zias-Roe provides QAQC for environmental documents. As an environmental scientist and certified urban and environmental planner, she is passionate about the environment and education. She seeks projects that protect the environment while enhancing community health and well-being.

A commitment to scholarly inquiry led Mrs. Zias-Roe to earn a Ph.D. in Sustainability Education from Prescott College, where she explored fields such as biophilia, civic and human ecology, natural resource management, and environmental impact assessment. Her previous projects include preparing and reviewing technical environmental documents for internal consistency, conducting alternatives analyses, performing industry-related research and statistical calculations, and preparing CEQA documents for the Red Hill Bay Wetlands Restoration Project and Salinity Gradient Solar Ponds at the Salton Sea.

1.5 REFERENCES
The Altum Group is proud of the strong relationships we have formed with both our Public and Private Clients over the years. Our work ethic and dedication to each individual project are represented by our repeat clients and powerful references. We are pleased to be able to provide references who will attest to our knowledge of planning services.

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City of Desert Hot Springs
Category 4 - SOQ
Page | 7
Travis Clark
Community Development Director
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
(760) 329-6411
[email protected]
Kevin White
Planning Manager
City of San Jacinto
595 S. San Jacinto Avenue
San Jacinto, CA 92583
(951) 487-7330
[email protected]
Jon Berg
Community Development
Director
City of Indian Wells
44950 Eldorado Dr, Indian
Wells, CA 92210
(760) 346-2489

1.6 ORGANIZATION CHART

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Appendix
Project Team Resumes
Ds

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Stephen Nieto
Director of Urban Design + Land Development
www.thealtum group.com
Education:

Master of Architecture, UCLA
Architecture and Urban Design, 2009
Bachelor of Architecture, California
State Polytechnic University,
Pomona, 2008
National Technological University
Athens, Greece, 2006
Associations:

City of La Quinta Planning
Commissioner, 2019-Current
American Institutes of Architects,
Assoc. 2012-Current
The Urban Land Institute, 2017-
Current
Friends of Park 101, Board of
Directors 2013-2017
Awards:

Palm Springs Life 40rty Under 40rty,
2022
AIA Los Angeles 2x8 Award 2010 and
2008
Qualifications:

Stephen Nieto has worked extensively on international and domestic large-scale master planning, urban design, and architectural projects. He has broad experience working in the public and private sector to create implementable master plans, dynamic mixed- use developments, single-family communities, and multi-family residential projects with a focus on human-scale design, sustainability, and pedestrian oriented environments. Stephen approaches each project with great sensibility toward contextual fit and attention to “place making”.

Stephen received a Master's degree in Architecture & Urban Design from UCLA in 2009 and since has worked with Los Angeles based design firms AECOM and Gensler.

In 2017 Stephen joined La Quinta based architecture firm, South West Concepts as a senior designer and project manager for multi-family, retail, and commercial projects.

In 2019 he was appointed to the Planning Commission for the City of La Quinta and in 2020 he joined The Altum Group and started the firm’s urban design practice.

He is active in his community and believes good urban design can positively impact the health and well-being of all residents. A Coachella Valley native, he is proud of his local accomplishments including some of the region’s most prominent developments.

He strives to show that Altum is one of the top land development firms in Southern California and works with key clients and teaming partners to ensure each project has the top talent and skillsets to successfully accomplish all objectives. This includes a hands-on approach to all entitlement, master planning, municipal planning, and urban design projects that are started at Altum.

Project Experience:

Urban Design and Land Planning
Valley Center Mixed Use Project Specific Plan, Cathedral City, CA Mr. Nieto provided Due Diligence services required for the development of The Valley Center Project. The proposed project is located on approximately 600 acres on Varner and Date Palm Drive in the City of Cathedral City. Mr. Nieto worked closely with the Client to prepare a Conceptual Land Use Plan for the subject property that attempted to yield the Client's lot count and intensity/density desires. The Plan was based on the proposed land uses allowed under the North City Specific Plan and other relevant agency zoning requirements. Two bubble concepts were developed for client’s consideration and the final plan was prepared to scale, in color and printed in large format. The intent of these illustrations was to facilitate discussions with team members, City of Cathedral City representatives, and other civic leaders.

The Classic Club Master Plan and Northstar Specific Plan, Riverside County, CA Mr. Nieto is the lead planning team for the Classic Club Master and the Northstar Specific Plan, a 500+ acre mixed-use long range plan that surrounds an existing award winning 18 hole Classic Club Golf Course. The master plan includes a variety of uses from recreational open space, multi-family, commercial, industrial, hospitality, sport, and entertainment

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Stephen Nieto
Director of Urban Design + Land Development
2 uses. Mr. Nieto recently lead a specific plan amendment to allow for a 295,000 SF Arena & Event Center as well as hospitality and multi-family uses. Planned development throughout the master plan in addition to the newly proposed arena are designed to be connected with a network of pedestrian and bike paths to promote walkability and non-vehicular transportation. At full build the Classic Club will become a beacon for leisure, hospitality, sport, and entertainment in the Coachella Valley.

Glazcon Industrial Park Master Plan, Palm Desert, CA
Mr. Nieto is the Project Manager and Urban Designer for this project involving the development of approximately 90,000 square feet of manufacturing and industrial uses within the Millennium Specific Plan area of Palm Desert. The project requires processing the entitlement package to allow for zoning updates to the City’s General Plan and a finding of consistency with the outline of the Millennium Specific Plan. As part of the entitlement application, Mr. Nieto prepared several conceptual site plans to highlight potential layouts for the eight (8) industrial buildings.

Vista Chino/Gene Autry Mixed Use Development Entitlements, Palm Springs, CA Mr. Nieto is the Project Manager for a mixed-use project designed to promote walkability between the residential and commercial uses in an area of Palm Springs that is typically served by automobiles. The includes a grocery store, coffee shop, gym, and car wash all within walking distance of the resident apartments within the complex. Mr. Nieto recently oversaw the Planned Development District Justification Letter for the City. Once approved, the project will move into the entitlement phase with Mr. Nieto providing oversight and management of civil plans and environmental documentation.

Thermal Airport Conceptual Master Plan, Riverside County, CA Mr. Nieto is serving as the lead Urban Designer for this unique development project located at the Southeast corner of Airport Blvd and Tyler St in Thermal, near the Jacqueline Cochran (Thermal) Airport. This development caters to the existing users of the Thermal Airport providing a variety of indoor and outdoor amenities to travelers visiting the Coachella Valley for pleasure and for business. The Master Plan is focused on developing a pedestrian-oriented framework and open space design that will foster a unique environment, rich with dense palm groves, landscaping, outdoor shaded seating areas, open spaces, and plazas suitable for corporate or private events. Due to the project location, this development has the opportunity to rethink the concept of a mixed-use aviation business park and has the opportunity to become a new “Front Door” or “Gateway” for the Thermal Airport.

Vista del Norte Preliminary Program, Conceptual Bubble Land Use Plan, & Conceptual Site Design, Coachella, CA Mr. Nieto prepared the Conceptual Site Design and Preliminary Programing services required for the Vista del Norte Project. The project site is located on 32.09 acres on Vista Del Notre Road immediately northwest of the existing Dillion Road On/Off Ramps along I-10 Freeway in the City of Coachella. The Client was exploring a land use modification to better position the property for timely development and required Urban Design services to bring the vision to life. Altum worked with the Client to develop a preliminary program based on market demands and needs. The preliminary program included supporting precedent imagery of development typologies and example images of best practices development strategies envisioned for the project site. Altum then produced a conceptual bubble land use plan that graphically demonstrated the sites development potential; the plan conceptually organized/arranged the site program, vehicular and pedestrian circulation, retention, and open space opportunities. Upon completion of the site bubble land use plan, Altum produced a scaled conceptual master plan hand sketch. The master plan sketch located access ways, streets, alleys, sidewalks, building footprints, open space elements, and parking lots. This conceptual master plan sketch helped the Client and City Staff Members understand the Project’s vision and positively demonstrated future development opportunities.

Contract Planning, Various Cities, CA
Mr. Nieto serves as the Contract Manager overseeing staff on assignment at the Cities of San Jacinto, Apple Valley, Indian Wells, and Imperial Beach. He also previously managed staff working on assignment with the City of Moreno Valley. Mr.

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Stephen Nieto
Director of Urban Design + Land Development
3 Nieto ensures all assignments from the Cities are thoroughly staffed and assists with questions regarding entitlements and architectural processes.

Thousand Palm Multi-Family Master Plan, Riverside County, CA Mr. Nieto is serving as the lead Urban Planner for the Thousand Palms Multi-Family Master Plan project located in the unincorporated Thousand Palms region of Riverside County. The development is seeking entitlements to develop two parcels for a Multi-Family Residential Development. The intent of the project is to provide high quality rental apartments designed to accommodate a range of demographics with a variety of open space amenities. Site amenities include a community center, community pools, central park, court yards, plazas, shade elements, dog park, pedestrian corridors and walkways that connect all areas of the site. The community center, central open space, and a linear “desert oasis” green belt is located at the heart of the plan to promote community interaction and convenient access to site amenities.

Della Development, Bastrop County, TX
Mr. Nieto assisted in the concept master plan and lotting design for a proposed residential development on over 200 acres in Bastrop County. The Project was Altum’s first Urban Design + Land Development effort in the State of Texas.

Urban Land Institute (ULI) HWY 111 Technical Advisory Panel, La Quinta, CA Stephen participated as an Urban Designer panel expert in the La Quinta HWY 111 ULI Technical Advisory Panel. Twelve panelists participated in the ULI study, representing a wide range of professions within the real estate development industry, architecture, landscape architecture, urban planning, marketing, transportation engineering, finance, land development and policy planning. For this important commercial/retail corridor, Stephen participated in site visits, city staff and stakeholder meetings, design charrettes, conceptual design, final planning recommendations and final report graphics.

Southern California Association of Governments, Park 101 District, Los Angeles, CA Stephen served on the board of advisors for the Friends or Park 101 Non-Profit for 5 years. Park 101 is a major re- visioning of Los Angeles’ downtown with the proposed capping of the 101 Freeway which currently occupies a deep trench, severing the historic El Pueblo from City Hall and Government Center. The study area encompasses over 150 acres. The Vision is to establish a pedestrian oriented focus in the downtown, with a campus of new buildings and a central park in a bold and economically sustainable plan which radically repositions the downtown of Los Angeles for the next 10 - 20 years of sustainable urban growth. Stephen assisted the team with the preparation of the conceptual urban design and feasibility study documentation. He also led the coordination in the development of all the 3D visualization media for the entire project site and detailed study of the phase 1 cap and re-development opportunity.

Beijing Tongzhou City Investment & Operation, New Beijing City, Tongzhou, China Stephen assisted in leading a multidisciplinary team to develop a new Global City on the eastern edge of Beijing. At the time, this was the first Public Private Partnership in China to develop a new international city. Located at the termination of the historic canal that connects Beijing to the sea, and has for centuries provided a link for important waterborne commerce, the new city is emerging as an international creative capitol. With multiple project sites within the Tongzhou region, the project sites consists of a combined area of 12 square kilometers. Stephen managed planning and documentation for a new central business district, waterfront levy design guidelines, historic village, central park, convention center, transit oriented development, and grand marina financial district.

Parks and Recreational Projects
500-Acre Sports, Entertainment, and Mixed-Use Community Master Plan, Riverside County, CA Mr. Nieto is the lead urban design components for this 500+ acre mixed use master plan located in the heart of the Coachella Valley. This new community is poised to become one of the Coachella Valley’s most dynamic master planned

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Stephen Nieto
Director of Urban Design + Land Development
4 communities in recent time. This family-first destination is planned with a “community first” approach, filled with open space opportunities, pedestrian trails and bike ways, parks, that is anchored with a sports, entertainment, and medical hub. The plan includes a 10,000-seat arena and 14,000-seat indoor sports stadium, home to the desert’s top medical district, 45 acres outdoor sports park, hotels, a neighborhood hospital, ambulatory surgical center, and medical office building. Plans calls for over 3,000 new dwelling units, a town center, resort and hotel uses, outdoor amphitheater, soccer fields, indoor waterpark, and family emporium, which will feature indoor rock climbing, laser tag, bowling and more.

Empire Grand Oasis PAR Exhibits, Indio, CA
Mr. Nieto prepared a number of exhibits for a Pre-Application Review (PAR) for a proposed festival facility in Indio. The Client was seeking approval for a proposed permanent facility that would allow 26 major events and unlimited minor events (possibly less than 200) annually without having to apply for a temporary use permit process every time an event is planned. Altum initially provided Due Diligence services for the project to establish the best approach for the approval process from the County of Riverside. Several figures were required to show the project site and establish a general layout for the events. Altum’s Urban Design team was tasked with creating the overall Site Plan, Proposed Uses, Traffic/Transportation flow patterns, and other relevant images that accompanied the Client’s submittal. 2028 Los Angeles Olympic Bid - University California of Los Angeles (UCLA) Athlete Village, Los Angeles, CA Stephen supported the winning LA2028 Olympic Bid Committee in developing a comprehensive citywide strategy for hosting the 2028 Summer Olympic Games. As the lead urban designer, Stephen developed plans for venue planning, city wide public transportation strategy, bid document planning graphics and branding. University California of Los Angeles has been selected as a key venue cluster and Athlete Village site, Stephen facilitated technical design/planning services and worked with UCLA leadership to deliver a world class Athlete Village.

NBA Clippers Arena/Entertainment Center Master Plan and Feasibility Study, Inglewood, CA Consisting of a 18,000-seat multi-purpose arena of approximately 750,000 SF that will be designed as the most innovative NBA facility ever built, this facility will serve as a flexible entertainment venue. The arena will be supported by a 80,000 SF state-of-the-art training and practice facility along with 50,000 SF of adjoining executive offices, 18,000 SF of an integrated health facility, 3,000 parking spaces, and a fan activation plaza with supporting retail uses. Stephen led a team of planners and landscape architects to develop planning and urban design alternatives to support and promote the development of core operational components, franchise revenue generation, athlete/fan experience, retail uses and public amenities.

Golf Center Village Mixed Use Master Plan, Indio, CA
Planning and conceptual design for an 18-acre mixed-use master plan in Indio, CA. The plan includes a 70 room hotel, 500 person ballroom, restaurants, commercial-flex space, retail uses, plazas, and courtyards. The master plan rethinks parking lot driven retail design by utilizing planning concepts of distributed parking and optimized land use mix to promote a walkable pedestrian friendly environment.

Glamis Specific Plan, Imperial County, CA
Managing a Specific Plan for an area known as “Glamis” located in a remote, unincorporated area in the central-eastern portion of Imperial County. The Glamis area is known as a gathering location for the Off-Highway Vehicle (OHV) community, with miles of sand dunes and trails utilized by All-Terrain Vehicles (ATVs), dirt bikes, and other extreme vehicles. The Glamis Specific Plan provides a flexible recreational master plan with a broad range of land uses ranging from recreational, commercial/retail, storage, and entertainment to hospitality, residential, and renewable energy, among others. The Plan attempts to build off the historical Glamis-going experience by providing expanded recreational, commercial, entertainment, and hospitality experiences, yet still complying with County Planning goals by addressing environmental, engineering, commercial, public safety, and aesthetic needs identified during the planning process.

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Stephen Nieto
Director of Urban Design + Land Development
5 Transportation Projects
Los Angeles Waterfront, San Pedro CA
The LA Waterfront, formerly the “Bridge to Breakwater” project, consisted of a comprehensive revitalization development plan for this 400-acre underutilized port property. The plan includes a new open space system with an expansive water’s edge promenade, a great civic “central park,” public gardens, new public piers, a cruise terminal and new harbors for additional boat activity areas, future public parking structures, major landscape improvements, roadway realignments and improvements, and public art installations.

City of Los Angeles, Sixth Street Bridge Design Competition - Finalist, Los Angeles, CA Lead urban designer for the competition, sponsored by the City’s Department of Public Works, to design a new bridge and public open space for one of the city’s most iconic and recognized bridge. Roles included scale comparisons, conceptual alternative development, urban framework diagramming, park design, rendering, physical model coordination, and coordination of all CAD and 3D visualization and documentation.

City of Tongzhou, China Bridge Design Competition - Finalist, Tongzhou, China.

Lead urban designer for this competition, sponsored by the City of Tongzhou, to design a waterfront park, promenade, urban design enhancements, and two new iconic bridges for the cities new central business district. Roles included scale comparisons, conceptual alternative development, urban framework and community connectivity, open space design, rendering production, and coordination of all CAD and 3D visualization and documentation.

HaiChang Tourism Group, Sanya Haichang Master Plan, Sanya, Hainan, China Team member and project designer. While at AECOM Stephen developed a master plan for a new coastal mixed-use entertainment destination in Sanya, located on the island of Hainan in China. The destination centered around 150,000 square meters of retail, restaurant, and entertainment spaces. Scope of services included master planning, economic feasibility studies, and conceptual architecture development. Stephen served as a senior urban designer for this project.

City of Santa Monica, Freeway Capping Planning Feasibility Study and Bridging and Decking Projects, Santa Monica, CA Feasibility Study for capping a stretch of the I-10 Santa Monica Freeway, approximately one quarter of a mile in length, at the terminus of the freeway in the City of Santa Monica. With the projected arrival of the Exposition Light Rail in 2015, the City of Santa Monica has prioritized improving connections between various areas. Stephen worked with city planners and economists to develop urban design scenarios to support a feasibility/market study. The feasibility/market study was developed to address:
 Assess existing conditions and identify key opportunities and constraints of phased freeway capping in the project area
 Provide structural and technical analyses
 Identify a range of phasing options that achieve the City’s vision; integrate options that cap the freeway with a combination of open space and buildings
 Include renderings, illustrations, and graphics that effectively communicate draft and final concepts in public meetings and in the final document
 Engage public officials and stakeholders in the consideration of options and incorporate input into the final document
 Recommend phasing for implementing funded segments, as well as future phases  Provide the schedule and framework for CalTrans entitlements and identify funding sources

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Stephen Nieto
Director of Urban Design + Land Development
6 Lectures, Publications, Interviews
 Cal Poly Pomona “Globalization” Conference | Presenter, Panelist  “How bridges help us better understand where we live”, Globe and Mail-Magazine, June 2014  Park 101 Film-Documentary, 2014
 Future Arquitecturas Magazine Vol. 19 + 20 Interactive Architecture, 2009  “8 Ways Los Angeles is Becoming Less Suburban”, KCRW, February 2015  “Capping freeways maybe a way to provide more open space in L.A.”, Los Angeles Times, December 2014  “Aiming High: Finalist for 6th Street Bridge”, KCRW, September 2012  “The Los Angeles River, Cut Loose” Landscape Architecture Magazine 2017

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Rich Malacoff, MURP, AICP
Principal Planner
www.thealtum group.com
Education:

Bachelor of Science, Geography;
Florida State University;
Tallahassee, Florida; 1984
Master of Urban Planning; Hunter
College of The City University of New
York; New York City, New York; 1986
Registrations:

Member of the American Institute of
Certified Planners (AICP) # 006811
Associations:

Planning Commissioner, City of
Cathedral City (2022 – Present)
Member of the American Planning
Association (APA)
Qualifications:

Mr. Malacoff has over 30 years of experience in land use planning and environmental impact analysis. His first job was with the Planning Department of the City of New York where he worked in the Loft Conversion Unit evaluating requests to change industrial lofts to residential. He relocated to California to start a position at the Caltrans District 08 Planning Department where he reviewed City Projects for their impacts on the State Highway System and for compliance with the California Environmental Quality Act (CEQA). He went on to work in City Planning positions for various agencies, including the City of Redlands, City of Cathedral City, and City of Desert Hot Springs.

This municipal background includes managing City Committees, project management, historic preservation, Preliminary Review Committee, CEQA oversight, acting as Community Development Director, and conducting community outreach. During his employment in the public sector, he provided oversight for environmental documents, assisted with review of consultant provided studies, and helped develop strong mitigation monitoring and reporting programs. He also managed major projects including institutional, residential, commercial, and industrial developments.

Mr. Malacoff used his municipal experience to ensure projects were processed correctly and expeditiously.

At Altum, Mr. Malacoff works as Principal Planner and oversees Planning and Entitlement assignments for private development clients and works as the gobetween for City inquiries for the firm’s engineering, surveying, and environmental planning departments. His experience at Altum includes major projects including institutional, residential, commercial, and industrial developments. Mr. Malacoff recently oversaw preparation of the Specific Plans and Design Guidelines for the Two Bunch Palms Specific Plan Amendment, Church at the Red Door Specific Plan, and the Coachella Green Business Park. He is familiar with utilizing urban design to help projects gain approval at the municipal-level. He regularly mixes-in concept plans with detailed site overlays to supplement planning documents and applications to help agencies better understand a project.

Mr. Malacoff is a current member of the American Planning Association and has his accreditation by the American Institute of Certified Planners (AICP) and served on the Diversity Committee for the American Planning Association’s 2020 Conference. and has received accommodations from the Mayors of Cathedral City and Desert Hot Springs.

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Rich Malacoff, MURP, AICP
Principal Planner
2 Project Experience:

Regional Planning
Redlands Sign Code, Redlands, CA
Project Manager for Sign Code Update. Managed Community Outreach with Chamber of Commerce and Business Community. Conducted Study Sessions with the Planning Commission and City Council which approved the Revised Ordinance. Implementation measures included working with Code Enforcement on procedures to inform the Business Community of the changes and managing the enforcement program.

Update Cathedral City Zoning Code, Cathedral City, CA
Revised City’s Zoning Code to remove internal inconsistencies and to make the development process more business friendly.

Residential Development
Two Bunch Palms Specific Plan Amendment and EIR Addendum, Desert Hot Springs, CA Project Manager for a Specific Plan Amendment (SPA) to the development standards for zoning, landscaping, and architectural guidelines, relevant to a proposed RV Park on a 9-acre parcel (2 lots) in Desert Hot Springs. The Specific Plan Amendment would modify the current Specific Plan designation to permit a Recreational Vehicle (RV) Park. The amendment would also consist of amending the development standards for zoning, landscaping, and architectural guidelines relevant to the RV Park.

DHS 109 Industrial Park Initial Study and Mitigated Negative Declaration, Desert Hot Springs, CA Prepared sections of an Initial Study and Mitigated Negative Declaration for the development of an industrial park consisting of 57 condo lots for industrial development, 4 retention basins, and a private on-site power plant. The proposed project would be constructed in four phases that would total 109 acres a full project built-out. Ms. Hernandez evaluated City documents such as the General Plan and the City’s Municipal Code to write the aesthetics section of the Initial Study.

Coachella 20 AC (Encanto Housing Project), Coachella, CA Mr. Malacoff is managing the entitlement process (including the environmental documentation and civil engineering) required for a proposed residential development in the City of Coachella. The proposed project will consist of 110-120 dwelling units on a 20-acre property located along Van Buren Street and east of Calhoun Street. Key issues being examined include biological and cultural resources, air quality/GHG, noise, geology/soils, and traffic, including a VMT analysis. Due to the site’s rural nature, a Phase I Environmental Site Assessment is also being prepared to ensure no hazards are identified onsite.

Vista Palms Tentative Tract Map (TTM) and Design Review, Desert Hot Springs, CA Mr. Malacoff directed all aspects with processing the Tentative Tract Map, and Design Review for this important 100-unit subdivision in the City of Desert Hot Springs that had a $750,000 budget from the private developer. Work tasks included Community Outreach, Exemption from CEQA, Landscape Review, Architectural Review, Site Plan Analysis, Drafting Staff Reports, and presentations at the Architectural Review Committee, and Planning Commission Meetings.

Municipal Development
Church at the Red Door Specific Plan and IS/MND, Indio, CA Project Manager for preparation of a Specific Plan and Preliminary Design and Entitlements for the development of a worship center in Indio. The proposed project would be built in two phases with phase one consisting of a new church building and traversing covered outdoor walkway. Phase two consists of a two-story expansion along the eastern face of the church building.

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Rich Malacoff, MURP, AICP
Principal Planner
3 Redlands Islamic Center, Redlands, CA
Project Manager for this place of worship and specific tasks included Community Outreach, Applicant Education on Development Process, and managing the development process from beginning to end.

Commercial Development
Desert Land Ventures Specific Plan EIR, Desert Hot Springs, CA Assisted in the preparation of an EIR for the build-out of 123.4 acres of land known as Desert Land Ventures to incorporate mixed-use development and create a unique industrial/technology park for clean manufacturing and tech-based business with an emphasis on renewable energy and sustainable products, with the potential for destination hospitality and commercial/retail uses.

Dutch Bros Coffee Entitlements and IS/MND, Indio, CA
Provided Technical Oversight and Client Management for the Entitlement package, including an IS/MND, for an 887 square foot building consisting of a drive-through, patio area, and required parking. Close coordination with the City of Indio was required to ensure all aspects of the entitlement package were complete.

Sunniva Cultivation Facility Entitlements, Cathedral City, CA Project Manager for 500,000 square foot cultivation facility which included managing the tasks for the Conditional Use Permit, Mitigated Negative Declaration, and all Public Hearings. This project had concurrent processing which required coordination among many different parties and ensuring all information was accurate.

Coachella Green Design Guidelines, Coachella, CA
Project Manager for developing Design Guidelines for a large Cannabis Cultivation and Processing Facility.

Brookside Plaza, Redlands, CA
Project Manager for construction of Neighborhood Shopping Center which included Community Outreach, Plan Check, and preparation of a Mitigated Negative Declaration. Managed Development Process from beginning to end.

Staybridge Hotel, Cathedral City, CA
Project Manager for this 122 Room Hotel This project was considered controversial by the Community and required many meetings with the public which resulted in changes to the project. Other tasks included managing the Mitigated Negative Declaration, coordinating photo-simulations, working with Acoustics Engineer, providing updates with Investment Team, and managing the entitlement process.

Various Positions/Tasks, Inland Empire, CA
Project Manager for the following projects for which task included everything from project submittal to issuing Certificates of Occupancy:
 Cimarron Cove Housing Tract, Cathedral City
 Volkswagen of Palm Springs, Cathedral City
 Vista Palm Housing Tract, Desert Hot Springs
 Flamingo Resort, Desert Hot Springs
Municipal Planning
City of Indian Wells Community Development Department
Mr. Malacoff recently provided Principal Planner level services to the City of Indian Wells through an on-call contract held by Altum. The City required assistance with processing a Conditional Use Permit (CUP) modification for a new Sprouts

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Rich Malacoff, MURP, AICP
Principal Planner
4 Market. He assisted with the preparation of staff reports for the Planning Commission and City Council and presented the project to Council on behalf of the City.

City of Redlands Planning Department – Employment and Contract Planning At the City of Redlands, he had various responsibilities such as Preliminary Review, Environmental Review Officer, Historic Preservation Officer, CEQA analysis for private projects and capital improvement projects, and management of all activities of the Historic and Scenic Preservation Commission and Environmental Review Committee. He also worked on many Conditional Use Permits, Commission Review and Approvals, Special Events, Specific Plans, Sign Ordinance Amendments, Ordinance Text Amendments, Zone Changes, and General Plan Amendments. Mr. Malacoff also provided contract planning services on two (2) separate occasions as requested by City staff. He worked at City Hall providing all services listed above.

City of Cathedral City Planning Department
At the City of Cathedral City, he was the liaison to the Architectural Review Committee and Planning Commission. He managed all projects reviewed by these boards from Project Initiation to Final Clearance. He also wrote many ordinances on a variety of subjects the most prominent one: a business-friendly development process. In addition, Mr. Malacoff was responsible for Film Permits, Special Events, and many regulatory inspections for various businesses.

City of Desert Hot Springs Planning Department
At the City of Desert Hot Springs he was the sole staff to the Planning Division and managed all functions of the Planning Division including being the liaison to the Architecture and Landscape Review Committee, Community and Cultural Arts Commission, Planning Commission, and City Council. In addition, Mr. Malacoff was the Acting Community Development Director on two separate occasions which included managing the Planning, Building, Engineering, Facilities, and Public Works Departments. Mr. Malacoff also was involved in the development of the City’s Cannabis Program and help many workshops and processed many projects.

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Shellie Zias-Roe, PH.D., AICP-CEP
Senior Environmental Planner / QAQC
www.thealtum group.com
Education:

PH.D Sustainability Education
Environmental Management,
Prescott College, AZ
M.A.S. Environmental Policy &
Management Natural Resource
Management, University of Denver,
CO
B.S. Environmental Management
B.A. Liberals Studies, University of
Redlands, CA
Associations:

Certified Planner (AICP) Certified
Environmental Planner (CEP)
American Institute of Certified
Planners
Appointments:

Visiting Assistant Professor –
University of Redlands (2013 -
present)
City of Redlands General Plan 2035,
Open Space & Agriculture Steering
Committee Member, 2015-2017
California Desert Coalition Defending
the Desert Workshop II: CEQA and
Environmental Justice, December,
2019
American Planning Association (APA)
National Conference Proposal Peer
Reviewer, 2022
Qualifications:

Ms. Zia-Roe is an experienced professional with over 18 years of private and public work experience. Her consulting experience includes the oversight and delivery of environmental projects, analysis, document preparation, project management and extensive coordination with agency staff, stakeholders and project applicants.

Ms. Zia-Roe has prepared numerous environmental applications and reports. As a senior environmental planner at Altum, she is responsible for writing and reviewing scopes of work, building internal and external project teams, and coordinating with technical teams, local, state and federal agencies. She works with Altum’s environmental staff and serves as a technical advisor to key staff in other departments who require assistance with entitlements and environmental clearance.

While working in the public sector, she helped develop and implement standard operating procedures for the Land Services Department as related to the California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), and Endangered Species Act; was a recognized leader in watershed management and water use; and was a contributing member on several technical committees. She also served as an intergovernmental liaison for federal, state and local agencies.

She also continues to teach at the University of Redlands, including courses such as Environmental Impact Assessment, Environmental Planning, Sustainability Planning, Resilient Cities, Introduction to Environmental Science, and Professional Development for Environmental Careers. Ms. Zia-Roe is motivated by the teaching and development of the next generation of environmental planners. This work shapes her thinking and inspires her consulting work for our clients.

Project Experience:

Land Development
Coachella 20 AC (Encanto Housing Project), Coachella, CA Mrs. Zias-Roe supported the project team by QAQC for a proposed residential development in the City of Coachella. The proposed project will consist of 110-120 dwelling units on a 20-acre property located along Van Buren Street and east of Calhoun Street. Key issues being examined include biological and cultural resources, air quality/GHG, noise, geology/soils,

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Shellie Zias-Roe
Senior Environmental Planner
2 and traffic, including a VMT analysis. Due to the site’s rural nature, a Phase I Environmental Site Assessment is also being prepared to ensure no hazards are identified onsite.

Corman Leigh TTM 38468 IS/MND – Peer Review for the City of San Jacinto The Altum Group conducted a peer review of this ISMND written by Tom Dodson & Associates for the City of San Jacinto. The project consists of 153 single-family homes on 42.19 acres located on Lyon Avenue.

McLeish TTM 38468 IS/MND – Peer Review for the City of San Jacinto The Altum Group conducted a peer review of this ISMND written by VCS Environmental for the City of San Jacinto. The project will develop 424 single-family homes on 84.4 acres with 11.3 acres of open space and landscaping areas.

Cahuilla Hills Park Improvements – CATEX ERR
The Altum Group prepared a CATEX ERR for the City of Palm Desert. The project is federal grant funded project for park improvements. The improvements will add ADA accessible parking and walkways as well as lighting along walkways.

Additional California Environmental Quality Act (CEQA) Documents Salton Sea Salinity Gradient Solar Pond Initial Study
Restoration of Red Hill Bay at the Salton Sea Initial Study Arrowhead Regional Medical Center Expansion Project Initial Study Matich Asphalt Batch Plant Initial Study
Central Valley Juvenile Facility Redevelopment/Replacement Project Initial Study National Environmental Policy Act (NEPA) Documents
Lugonia Avenue HUD Housing Project

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Madeline Luke
Assistant Planner
www.thealtum group.com
Education:

B.S., Sustainable Business and
Environmental Studies - University of
Redlands, 2022
Qualifications:

Madeline Luke is an assistant planner with a background in planning and environmental documentation. Her experience includes work on housing, recreation, energy, and commercial projects requiring analysis under CEQA. In addition to conducting technical analysis, Ms. Luke is skilled at preparing the exhibits and mapping for projects through GIS and other graphic software. She has experience preparing analysis for technical issue areas and preparing and circulating required public noticing.

Project Experience:

Agriforce Coachella Research Center IS/MND, Coachella, CA Ms. Luke is assisting with preparation of the CEQA document for a proposed cannabis warehouse and distribution center in Riverside County. The project requires in-depth examination of both biological and cultural issues and Ms. Luke is coordinating with technical subconsultants to ensure complete analysis. She is also preparing the exhibits for the Project.

SPI 48MW Substation IS/MND, Coachella, CA
Ms. Luke is assisting with preparation of the CEQA document examining a proposed energy substation to support a proposed cannabis warehouse and distribution center in Riverside County.

3080 Norm Niver Road Feasibility Study, Thermal, CA
Ms. Luke is preparing all of the required graphics and mapping for a feasibility study examining a proposed hotel and RV park on the Torres Martinez Desert Cahuilla Indians Tribal land in Imperial County. The project site is remote, and Ms.

Luke utilized GIS to prepare site area and regional maps as a base for engineers and urban designers to use in their conceptual designs and plans.

2700 East Mesquite Golf Course Conversion, Palm Springs, CA Ms. Luke is assisting with the Due Diligence tasks for a golf course conversion project in the City of Palm Springs. This includes research for local agency and tribal regulations for the future buildout of a multi-family housing project on a now defunct municipal golf course.

54th and Jackson Multi-Family Housing IS/MND, Riverside County, CA Ms. Luke is preparing several sections of a CEQA IS/MND as well as all the required exhibits for a proposed 18.39-acre multi-family residential development in an unincorporated area of Riverside County.

Vista Chino and Gene Autry Planned Development, Palm Springs, CA Ms. Luke prepared the project justification letter and the Planned Development District application for a mixed-use project on the corner of Vista Chino and Gene Autry Drive in the City of Palm Springs. The proposed Project consists of the development of approximately 216 multi-family units on 16 acres and the development of a gas station, convenience store, and three drive-through facilities on 5 acres. The justification letter examined all applicable City regulations and codes and outlined the compatibility of the project’s various components.

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Appendix
Hourly Rates
Ds

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44-600 Village Court, Suite 100
Palm Desert, CA 92260
(760) 346-4750 Tel
Staff Member Hourly Rate
Principal $210.00
Director $189.00
Senior Project Manager $183.00
Project Manager $175.00
Assistant Project Manager $163.00
Senior Associate $152.00
Associate $135.00
Assistant $110.00
Project Coord/Technician $92.00
Administrative Assistant/Clerical $65.00
Intern $42.00
Utility Location, GIS and Drone Services:

Mobilization - 1st Hour $165.00
1-Man Crew - Non Prevailing $100.00
2-Man Crew - Non Prevailing $189.00
1-Man Crew - Prevailing $138.00
2-Man Crew - Prevailing $275.00
Survey Services:

Survey Crew - Non Prevailing $245.00
Survey Crew - Prevailing $295.00
Survey Crew Rates:

Hourly rates include standard 2-man crew, 1-man robotic crew and 1-man GPS crew.

A two-hour minimum applies for all field services.

Reimbursables Expenses:

Mileage is billed at IRS business rate plus 15%
Printing, reproduction, etc. are billed at direct cost plus 15% Altum's Schedule of Hourly Rates is subject to change based on an annual review of the cost of living and employee wage increases. In the event Altum's Schedule of Hourly Rates changes, a corresponding percentage increase shall be applied to all remaining Agreement budgets and such Schedule of Hourly Rates shall apply to subsequent Extra Work. If Consultant works in excess of 8.0 hours in a day or 40.0 hours in a week at Client direction, overtime rates will apply.
2024 SCHEDULE OF HOURLY RATES
F:\rate schedule\2024 Schedule of Hourly Rates - CA1

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For more information visit us at:
www.thealtumgroup.com
Texas Board of Professional Engineers and
Land Surveyors Firm #10194593
Texas Registered Engineering Firm
#F-22130
10421 Gulfdale Street
San Antonio, TX 78216
(726) 232-0963
Texas
California Department of General Services
Small Business Enterprise #1107100
Company Headquarters
44-600 Village Court, Suite 100
Palm Desert, CA 92260
(760) 346-4750
California
PLANNING | URBAN DESIGN | ENGINEERING | SURVEY | ENVIRONMENTAL

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CITY OF DESERT HOT SPRINGS

ON-CALL ENVIRONMENTAL AND PLANNING SERVICES

TITLE PAGE

CITY OF DESERT HOT SPRINGS

STATEMENT OF QUALIFICATIONS
Environmental and Planning Services, Category 4
Staff Augmentation Planning Services
PRIME CONSULTANT MNS ENGINEERS, INC.

RIVERSIDE
(LOCAL OFFICE)
3850 Vine Street
Suite 110
Riverside, CA 92507
909.460.8844 Office

PROJECT

CONTACT
Emily Elliott, AICP, Contract Manager
760.638.2066 Mobile | [email protected]
MAY 30, 2024

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CITY OF DESERT HOT SPRINGS

ON-CALL ENVIRONMENTAL AND PLANNING SERVICES
CATEGORY 4 – STAFF AUGMENTATION PLANNING SERVICES
SECTION 1. COVER LETTER | 1.1
May 30, 2024
City of Desert Hot Springs
Attention: Travis Clark, Development Services Director
11999 Palm Drive
Desert Hot Springs, CA 92240
SUBJECT: Statement of Qualifications for On-Call Environmental and Planning Services, Request for Qualifications, No. 23/24-501 Dear Mr. Clark,
The City of Desert Hot Springs (City) is tasked with implementing the community’s vision, policies, and objectives for land use, housing, transportation, public facilities, and open space. Accomplishing so many objectives requires the assembly of a core team of agency staff and consultants. That’s why MNS Engineers, Inc. (MNS) is pleased to submit a proposal to provide On-Call Environmental and Planning Services for the City of Desert Hot Springs. MNS understands the need for ongoing, responsive, and cost-effective planning support to fulfill the City’s vision. Below are the specific service areas we are proposing for:

The MNS Team is uniquely qualified to provide On-Call Environmental and Planning Services.

Dedicated Principal in Charge and Project Manager. Leading MNS’s team is Principal-In-Charge, Peter Minegar, AICP and Contract Manager/Project Manager, Emily Elliott, AICP. Peter and Emily have a long history of working together successfully providing on-call services to municipalities in Riverside and San Bernardino Counties.

Leaders in Our Field. At MNS, we take pride in being home to some of the best professional talent in the industry. Our team is dedicated to pursuing excellence in every aspect of our work—not only in delivering outstanding services to our clients, but also in fostering a positive culture within our company.

Local Presence. The MNS team includes planners who work remotely throughout the state and are proximate to the City out of our Riverside office and surrounding communities.

We look forward to the opportunity to support the City in an on-call capacity. Should you have any questions regarding the RFP, do not hesitate to contact me at [email protected] or phone at 951.541.3011.

Sincerely,
MNS Engineers, Inc.

Peter Minegar, AICP Emily Elliott, AICP
Vice President, Planning Community Planning Practice Lead/Contract Manager Responsive Categories
1 – Pre-qualified Environmental Consulting Services
2 – Pre-qualified Peer Review for Environmental Consulting Services 3 – Planning and Environmental Services (Directly for the City) 4 - Staff Augmentation Planning Services (At City Hall)

MNS DETAILS

LEGAL NAME
MNS Engineers, Inc.

FIRM OWNERSHIP TYPE
C-Corporation

YEAR FIRM ESTABLISHED
1962

CALIFORNIA DEPARTMENT OF

INDUSTRIAL RELATIONS
DIR No. 1000003564

LOCAL OFFICE
3850 Vine Street
Suite 110
Riverside, CA 92507

PROJECT CONTACT
Emily Elliott, AICP
Community Planning Practice
Lead/Contract Manager
760.638.2066 Mobile
[email protected]

AUTHORIZED SIGNATURE
Peter Minegar, AICP
Vice President, Planning
951.541.3011 Mobile
[email protected]

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CITY OF DESERT HOT SPRINGS

ON-CALL ENVIRONMENTAL AND PLANNING SERVICES
CATEGORY 4 – STAFF AUGMENTATION PLANNING SERVICES
SECTION 2. TABLE OF CONTENTS | 2.1
SECTION 2

TABLE OF CONTENTS

STATEMENT OF QUALIFICATIONS
Section 1. Cover Letter/Letter of Introduction PAGE 1.1 Section 2. Table of Contents PAGE 2.1
Section 3. Executive Summary PAGE 3.1
Section 4.

Experience, Qualifications, and Services
Past Project Experience
Qualifications and Services
PAGE 4.1
PAGE 4.2
PAGE 4.3
Section 5.

The MNS Team
References
PAGE 5.1
PAGE 5.4
Section 6. Third-Party Subconsultants PAGE 6.1
Section 7. Fee Schedule PAGE 7.1

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CITY OF DESERT HOT SPRINGS

ON-CALL ENVIRONMENTAL AND PLANNING SERVICES
CATEGORY 4 – STAFF AUGMENTATION PLANNING SERVICES
SECTION 3. EXECUTIVE SUMMARY | 3.1
SECTION 3

EXECUTIVE SUMMARY
Company Overview
Established in 1962, MNS Engineers, Inc. is a CCorporation that provides comprehensive consulting services to municipalities across California. Our
specialties include Planning, Civil Engineering,
Construction Management, and Land Surveying, with a
reputation built on clear communication and highquality service. We have a deep understanding of the technical, environmental, and regulatory aspects
required for these services.

MNS offers a full spectrum of on-call services to local public agencies, from staff augmentation to managing
large-scale planning projects.

Project Team
The MNS team is led by Principal-in-Charge, Peter
Minegar, AICP and Contract Manager, Emily Elliott, AICP.

Agency Staffing Lead, Trayci Nelson, joins this team and will support Emily with the assignment and scheduling
of contract staff. Peter, Emily and Trayci are all based locally in MNS’ Riverside Office with a long track record of providing as-needed staffing support services
throughout Southern California. We understand how
important responsiveness is when providing support to
the City’s Planning Staff and we are committed to
responding to all calls and emails within the same day.

Experience
The MNS Planning Team has successfully managed
more than 15 on-call contracts for Inland Empire cities, counties, utility companies and transportation
authorities within the past three years, as listed in
Section 4, Experience. Emily recently began working
with Cathedral City to complete CEQA peer review and
as-needed current planning support.

SOQ Response
Scope of Services
The MNS Team can provide all planning services
requested in the SOQ, including a full range of
CEQA/NEPA documentation and all technical modeling,
survey, and reporting required to support CEQA
analysis.

Additional services that our team can provide include
in-house short- or long-term planning and engineering
staffing support, regulatory permitting, grant funding, resource agency, housing element compliance
tracking/reporting, and tribal consultation support.

On-Call Contract Management
Approach
Project Manager Emily Elliott, AICP will act as the dayto-day contact for all new task orders to ensure the City has a single consistent contact to address
proposals, invoicing, team assignments, QA/QC and
task schedules.

Committed to providing outstanding customer service,
we work closely with agency staff and project
applicants at the start of each assignment to
understand the organization's culture and the
complexities of each project. Our experience working
across multiple jurisdictions in California gives us a
unique perspective on delivering these services
efficiently and cost-effectively. We leverage this
perspective to create positive outcomes in the
communities we serve.

MNS's versatile staffing options allow us to adapt to
your agency's specific requirements, ensuring you have
the right support at the right time.

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CITY OF DESERT HOT SPRINGS

ON-CALL ENVIRONMENTAL AND PLANNING SERVICES
CATEGORY 4 – STAFF AUGMENTATION PLANNING SERVICES
SECTION 4. EXPERIENCE, QUALIFICATIONS, AND SERVICES | 4.1 SECTION 4

EXPERIENCE, QUALIFICATIONS, AND

SERVICES
Firm Overview
Staff/Offices MNS has a staff size of 220 in 11
offices:

Antioch, Buellton, Oakland, San
Francisco, San Jose, San Luis
Obispo, Riverside, Long Beach,
Santa Barbara, and Thousand Oaks
Local Office 3850 Vine Street, Ste. 110
Riverside, CA 92507
Local Contact Emily Elliott, AICP, Contract Manager
760.638.2066 Mobile
[email protected]
Established in 1962, MNS is a C-Corporation providing
professional consulting services to municipalities
throughout California. Our specialties include Planning, Civil Engineering, Construction Management, and Land
Surveying, with a reputation built on clear
communication and high-quality service.

MNS supports local public agencies with a full range of on-call planning services, from staff augmentation
services to on-call CEQA compliance services. The MNS
Planning Team has extensive experience of contract
staffing to agencies throughout the State.

Client Commitment
As a California-based multi-disciplinary firm, our team offers services specifically focused on serving local
agencies throughout California. With local municipalities at the core of our business, our team is laser-focused on providing experienced local resources with a track
record of success, backed by in-house staff who can
provide additional support during key project
milestones and deadlines. Our local agency focus,
coupled with our ability to tackle large-scale endeavors without driving up costs or sacrificing personalized
service, makes us stand out as a client favorite.

Relevant Project Experience
The MNS team has supported a wide range of On-Call
CEQA/NEPA services contracts throughout California.

Key team member project experience includes:
• City of Cathedral City – On Call Planning and
Environmental Services
• City of Redlands On-Call Planning Services
• County of Riverside On-Call Land Use and
Environmental Services
• San Bernardino County Transportation Authority OnCall Planning Services • City of Beaumont On-Call Environmental Services
• City of Rancho Cucamonga On-Call Environmental
Services
• City of Calimesa On-Call Environmental Services
• County of San Bernardino On-Call Planning and
Environmental Services
• County of Riverside On-Call Technical Study Peer
Review
• City of Eastvale On-Call Comprehensive Planning
Services
• City of Menifee On-Call Planning Services
• City of Colton On-Call Planning and Environmental
Services
• City of Grand Terrace On-Call Planning and CEQA
Services
• City of Yucaipa On-Call Planning Services
• City of Wildomar On-Call Planning Services and
Staff Augmentation

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CITY OF DESERT HOT SPRINGS

ON-CALL ENVIRONMENTAL AND PLANNING SERVICES
CATEGORY 4 – STAFF AUGMENTATION PLANNING SERVICES
SECTION 4. EXPERIENCE, QUALIFICATIONS, AND SERVICES | 4.2 • City of Murrieta On-Call Planning and Environmental
Services
MNS provides services to State agencies, counties,
districts, regional bodies, cities, local agencies – all as part of 631 on-call contracts, of which more than 100 are currently active.

Past Project Experience
The MNS Team is responsible for the overall
management of a contract supporting the Riverside
County Planning Department, including staff
augmentation. Currently, 5 members of the MNS
support the County of Riverside in-house dedicated to
both current and advanced planning, ranging from
Associate to Principal planners.

MNS is providing support to the City of Cathedral City
for current planning and environmental peer review.

Beginning in February of 2024, MNS has processed/is
processing applications for multi-family housing, drivethrough fast food, self-storage, and a gas/travel center.

MNS staff seamlessly work as an extension of City staff, conducting development review, preparing staff
reports, and presenting to the Architectural Review
Committee and Planning Commission.

Members of the MNS team supported SBCTA with a
variety of planning activities between 2018 and 2013
including on-and off-site staff augmentation for the
processing of housing development applications for
member agencies as part of the REAP 1.0 program. MNS
Staff provided these services between 2021 and 2023
prior to joining MNS, however MNS has been selected for SBCTA’s 2024-2029 Planning On-Call and the
deployment of services under REAP 2.0.

On-Call Planning and Environmental Support
CLIENT County of Riverside
YEAR COMPLETED 2014 - Present
SERVICE TYPE Staff Augmentation
OUTCOME n/a
On-Call Planning and Environmental Services
CLIENT City of Cathedral City
YEAR COMPLETED Ongoing
SERVICE TYPE Current Planning Support
OUTCOME n/a
On-Call Planning Services
CLIENT San Bernardino County
Transportation Authority
YEAR COMPLETED 2018-2023, 2024-2029
SERVICE TYPE Staff Augmentation
OUTCOME n/a

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CITY OF DESERT HOT SPRINGS

ON-CALL ENVIRONMENTAL AND PLANNING SERVICES
CATEGORY 4 – STAFF AUGMENTATION PLANNING SERVICES
SECTION 4. EXPERIENCE, QUALIFICATIONS, AND SERVICES | 4.3 MNS provides in-house staff augmentation assistance
for the City of Palos Verdes Estates, currently providing an assistant and senior planner. MNS planners assist the public with inquiries, process ministerial and
discretionary permit applications, write staff reports, and present to decision making bodies.

MNS staff provided front counter staff augmentation
services to the City of Wildomar. Specially, MNS served as front counter staff for the engineering department,
assisting the public and applicants with inquiries,
submittals, and plan routing and review.

Members of the MNS team served the City of Redlands in
the role of senior planner specifically dedicated to a
single developer with multiple concurrent developments
and future phased developments in the City’s
downtown. This work involved the full scope of project
entitlement from pre-application meetings to approval
hearings, plan check, site inspection, and tracking of
conditions of approval. MNS Staff provided these
services prior to joining MNS.

In-House Contract Planning
CLIENT City of Palos Verdes Estates
YEAR COMPLETED Ongoing
SERVICE TYPE Staff Augmentation
OUTCOME n/a
On-Call Staff Augmentation
CLIENT City of Wildomar
YEAR COMPLETED 2023 - Present
SERVICE TYPE Staff Augmentation
OUTCOME Contract Completed
As-Needed Project Management Services
CLIENT City of Redlands
YEAR COMPLETED 2019-2023
SERVICE TYPE Staff Augmentation
OUTCOME Contract Completed

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ON-CALL ENVIRONMENTAL AND PLANNING SERVICES
CATEGORY 4 – STAFF AUGMENTATION PLANNING SERVICES
SECTION 4. EXPERIENCE, QUALIFICATIONS, AND SERVICES | 4.4 Agency Staffing Services Overview
Land Use Entitlements
The MNS planning team has a wealth of experience, with
staff ranging from Assistant to Principal Planners. We
support public agencies in handling a variety of land
use entitlement applications, from lot line adjustments, temporary-event permits, and use permits to more
complex applications involving land use changes,
multiple entitlements, variances, and comprehensive
environmental reviews. Our planners are skilled at
organizing their work, maintaining project schedules,
and following the preferred methods and protocols of
the agency. Additionally, the MNS planning team can
offer recommendations and suggest implementation
methods where needed.

Our areas of specialization include:
 General Plan Amendments
 Specific/Master Plans and Amendments
 Ordinance Text Amendments
 Zone Changes
 (Conditional) Use Permits
 Architectural and Site Plan Reviews
 Variances
 Parcel, Tract, and Condominium Maps
 Temporary/Special Event Permits
With our experience and flexibility, MNS is equipped to meet the planning needs of public agencies, ensuring
a smooth process and successful project outcomes.

Regulatory Knowledge
The MNS planning team has a deep understanding of
land use regulations, policies, and codes. We recognize the importance of being familiar with the agency’s
foundational documents—the General Plan,
Development Code, and Municipal Code—so we can
refer to them and apply their requirements in our daily work. At MNS, we prioritize continuing education and
professional development, ensuring our planners stay
current with industry trends and regulatory changes. To achieve this, our team members are active participants
in the American Planning Association learning events,
attend conference sessions, and contribute to legislative review committees. This commitment to ongoing
learning helps us deliver accurate and effective
planning services to our clients.

Staff Reports and Presentations
MNS planners are skilled at analyzing data and crafting inter-departmental memos and staff reports. We can
break down complex projects, assess them against key
criteria, and turn our findings into clear
recommendations and conclusions. Our planners also
prepare Conditions of Approval in collaboration with
other Agency departments, draft resolutions and
ordinances, and create the supporting exhibits and
attachments.

In addition to staff reports, our team will support agency staff with everything from application intake to public hearing determination. MNS planners will attend and
participate in meetings with applicants, scoping
meetings, Planning Commission hearings and City
Council/Board of Supervisors hearings. MNS planners
can be relied upon to prepare meeting agendas, take
notes, and circulate meeting minutes.

Training Services
MNS is dedicated to sharing knowledge and building
capacity within the municipalities we serve. As part of our full-service approach, we offer specialized training

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ON-CALL ENVIRONMENTAL AND PLANNING SERVICES
CATEGORY 4 – STAFF AUGMENTATION PLANNING SERVICES
SECTION 4. EXPERIENCE, QUALIFICATIONS, AND SERVICES | 4.5 sessions designed to meet the
specific needs of agency staff.

These sessions cover a variety of
topics, from CEQA Basics and
Annual CEQA Legislative Updates
to Housing Element legislative
updates and Plan Checking
Basics for Planners. Our team
frequently provides training to
local industry groups and can
customize sessions to fit our
clients' unique requirements.

We offer in-depth workshops,
seminars, and one-on-one
consultations that can include
technical expertise or regulatory updates. Our goal is to equip agency staff with the tools and insights needed to navigate the complex and ever-changing regulatory
landscape. This approach fosters a culture of informed
decision-making and supports sustainable
development.

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CITY OF DESERT HOT SPRINGS

ON-CALL ENVIRONMENTAL AND PLANNING SERVICES
CATEGORY 4 – STAFF AUGMENTATION PLANNING SERVICES
SECTION 5. THE MNS TEAM | 5.1
SECTION 5

MNS TEAM
The Right Team
The key to a successful project is a highly qualified and well-managed team of local experts. MNS offers a
cohesive, talented team of licensed and certified
professionals. Our team was assembled to meet the
specific elements and needs for the range of services
identified by Desert Hot Springs for inclusion in this
contract.

We offer the following team of professionals, keeping
these key objectives in mind:
 Quality service and project deliverables
 Time and budget efficiency
 Adherence to quality assurance standards
 Constant communication
 Application of local knowledge and technical and
practical expertise
Organizational Chart

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ON-CALL ENVIRONMENTAL AND PLANNING SERVICES
CATEGORY 4 – STAFF AUGMENTATION PLANNING SERVICES
SECTION 5. THE MNS TEAM | 5.2
Contract Manager
The MNS team proposes a
centralized point of
contact; Contract Manager
Emily Elliott, AICP, will be
Desert Hot Springs’ day-today contact for services
under this on-call. Emily
has successfully lead
multiple on-call contracts
throughout the Inland
Empire. Her past work experience as a munucipal
planner lends her an advantage to undertsanding the
unique demands, needs, and pressures faced by public
servants, and she prioritizes accessibility,
responsiveness, and quality service.

We have also selected supporting Project Managers
and Technical Staff to provide Desert Hot Springs with
additional resources to support multiple task orders
simultaneously. This structure provides Desert Hot
Springs with responsive resources and the ability to
address multiple projects quickly when needed. Our
bench of technical staff allows us to address a wide
range of projects depending on Desert Hot Springs’
needs.

Proximity
MNS maintains nine California offices, including
Riverside where most of our proposed staff are located.

MNS has Planning staff throughout Southern California,
including Santa Barbara, Thousand Oaks, Buellton, and
Riverside. Our local presence provides Desert Hot
Springs with MNS professionals who can truly be on call to meet the Desert Hot Springs’ needs on any given day.

MNS Approach to On-Call Services
MNS has developed methodical, effective procedures
for delivering our services in a cost-effective and
professional manner. The key to our organizational
success is based upon carefully considered and
planned processes, documentation, and
communications.

On-Call Management
The MNS team has a long history of providing On-Call
Environmental Consulting Services to local
municipalities, giving us a thorough understanding of
the resources required to deliver responsive and costeffective support. Emily Elliott, AICP, our Contract Manager/Project Manager, will serve as your primary
point of contact for all new task orders, ensuring a
consistent touchpoint for staffing, invoicing, team
assignments, QA/QC, and scheduling.

On-Call Communication
Effective communication and documentation are
essential for successful planning services. The MNS
planners assigned to work with the client will coordinate closely with client staff and follow development review and communications protocols. If our planning team
uncovers any technical findings or project issues during their review, they'll promptly inform the designated
contact, including any potential impacts on cost or
timeline. This way, both the client and the Project
Applicant will have all the information they need to
make informed decisions.

Approach: Information Management
Effective information flow is vital for the success of any project. Community and Environmental Planning
projects generate significant amounts of information,
which must be communicated promptly and clearly to
all relevant parties. At MNS Engineers, we ensure that
project files are accurately maintained, including
correspondence, agendas, meeting minutes, and data
from public outreach and technical analysis. This
comprehensive record serves as the foundation for the
Client’s response and future references.

A critical part of our approach is regular project
progress meetings. We initiate each project with an allinclusive kick-off meeting at the start of the project, where communication channels and project
responsibilities are clearly outlined to all stakeholders.

This sets the stage for ongoing collaboration and keeps everyone on the same page throughout the project's
lifecycle.

Cost Management
MNS will take charge of setting up and maintaining a
solid cost management system for the project. By
creating a Work Breakdown Structure (WBS) in our
timekeeping system, the Project Manager can track
weekly project charges against the budget, drill down
into the details of those charges, and predict budget
variances based on the estimated percentage of

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CATEGORY 4 – STAFF AUGMENTATION PLANNING SERVICES
SECTION 5. THE MNS TEAM | 5.3
completion for each task in the assignment. We’ll send
out progress bills monthly, and the Project Manager will review and approve all project costs in an invoice
format that meets the Client's requirements.

Quality Management
Quality management is key to transparent and
objective planning. At MNS Engineers, we're well-versed in all aspects of quality management. Our quality
control process involves regularly reviewing various
project components—like people, systems, documents,
techniques, and workmanship—to ensure they meet the
required standards and project goals.

Quality assurance goes a step further, using systematic methods to verify that quality control is being applied properly. At MNS, we take charge of quality assurance
by implementing our Quality Assurance Program, which
clearly assigns quality control responsibilities to
different project participants. This approach ensures
that the services we provide meet or exceed the Client's expectations. By following these rigorous quality
management practices, we make sure our projects
deliver the results our clients are looking for.

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CITY OF DESERT HOT SPRINGS

ON-CALL ENVIRONMENTAL AND PLANNING SERVICES
CATEGORY 4 – STAFF AUGMENTATION PLANNING SERVICES
SECTION 5. THE MNS TEAM | 5.4
References
County of Riverside
John Hildebrand, Planning Director
4080 Lemon Street
Riverside, CA 92501
951.955.1888
[email protected]
Cathedral City
Sandra Molina, Deputy Director of Development
Services
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
760.202.2433
[email protected]
City of Wildomar
Jason Farag, Public Works Director
23873 Clinton Keith Road Ste. 110
Wildomar, CA 92595
951.677.7751
[email protected]
City of Ventura
Linda Sumansky, Ventura Water Pure Program
Director
501 Poli Street
Ventura, CA 93001
805.658.4771
[email protected]
City of Palos Verdes Estates
Sheryl Brady, Community Development Director
340 Palos Verdes Dr. West
Palos Verdes Estates, CA 90274
310.378.0383
[email protected]

WHAT OUR CLIENTS SAY
“As a public agency, we have had
the privilege of collaborating with
MNS on several projects. Their
professionalism, attention to detail,
and dedication to achieving
positive outcomes for our
community have been
commendable. Their ability to
balance technical expertise with a
deep understanding of community
needs is appreciated.”
John Hildebrand, County of
Riverside
“MNS has consistently
demonstrated a high degree of
professionalism in the performance
of their work.”
Sandra Molina, Cathedral City

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CATEGORY 4 – STAFF AUGMENTATION PLANNING SERVICES
Resumes
SECTION 5. THE MNS TEAM | 5.5
Peter Minegar, AICP, Principal-in-Charge
Firm
 MNS Engineers, Inc.

Areas of Expertise
 Planning
 Environmental compliance
 Land use consulting
 Public engagement
 Project/program management
Years of Experience
 11
Certification(s)
 American Institute of Certified
Planners, No. 32685, 2020
Education
 MS, Environmental Management and
Policy, University of Denver, CO,
2019
 BS, City and Regional Planning,
California State Polytechnic
University, San Luis Obispo, CA,
2014
Affiliation(s)
 American Planning Association
(APA)
 Association of Environmental
Professionals (AEP)
Speaking Engagements
 Power to the Program EIR, California
Association of Environmental
Professionals Annual Conference,
Long Beach, California, August 2021
 Opening the Golden Door: A Guide
for Defensible Mitigation, California
Association of Environmental
Professionals Annual Conference,
Yosemite, California, April 2022
 A Deep Dive into Defensible
Mitigation, American Planning
Association California State
Conference, Anaheim, California,
October 2022
Mr. Minegar oversees and prepares environmental compliance and planning documents for a range of public and private sector clients. He specializes in developing documents in compliance with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). Peter has a broad range of environmental planning experience ranging from project-level analysis of infrastructure improvements to program-level analysis to support large policy projects. He has represented agency staff for a range of highly controversial projects subject to scrutiny by the public, environmental organizations, and public agencies. Peter also serves as an in-house CEQA manager and Principal Planner for several local government agencies throughout California. His experience includes:

On-Call Planning and Environmental Support, Riverside County Planning Department, Riverside County, CA. Contract Manager.

Responsible for overall management of contract supporting the Riverside County Planning Department. Task orders range from preparation of California Environmental Quality Act (CEQA) documents, on-call staffing support, peer review services, and long-range community planning support.

Comprehensive Planning Services, City of Eastvale, Eastvale, CA.

Environmental Manager. This project implemented California Environmental Quality Act (CEQA) Compliance processes for all incoming development projects, as well as City-sponsored projects.

Responsible for the development of CEQA documents, peer review of the applicants provided CEQA documents, preparation of staff reports, and public hearing support. Comprehensive planning services were provided for this recently incorporated City in Western Riverside County, including current and advance planning processing, counter staffing, Planning Commission meeting facilitation; plan review; staff report preparation; CEQA compliance and review; SB18 and AB52 coordination; Western Riverside County Regional Conservation Authority (RCA) coordination for their Multiple Species Habitat Conservation Plan (MSHCP); and special project work.

Interstate 15 Logistics Project Environmental Impact Report, City of Fontana, CA. Project Manager. Responsible for the management and preparation of the Environmental Impact Report, including supporting technical studies. The project was comprised of the development of a

1.5 million square-foot warehouse, as well as the annexation of adjacent parcels and portions of the right-of-way for Lytle Creek Road, Sierra Avenue, and the Interstate 15 freeway. Provided a health risk assessment, an environmental impact report, a traffic impact study, and a habitat assessment to determine any possible impacts to wildlife and special-status plant species.

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CATEGORY 4 – STAFF AUGMENTATION PLANNING SERVICES
Resumes
SECTION 5. THE MNS TEAM | 5.6
Emily Elliott, AICP, Contract Manager/Project Manager
Firm
 MNS Engineers, Inc.

Areas of Expertise
 Land use consulting
 Project entitlement
 Inter-agency coordination
 Housing policy
 Public engagement
 Project/program management
Years of Experience
 14
Certification
 American Institute of Certified
Planners (AICP)
Education
 Master of Urban and Regional
Planning, California Polytechnic
University, Pomona
 Bachelor of Arts, Geography and
Natural Resources Management,
San Diego State University
Professional Affiliations
 American Planning Association,
California Chapter, Inland Empire
Section, Director, 2023 - Present
 Association of Environmental
Professionals, Inland Empire
Chapter, Board Member 2018-2022
Speaking Engagement(s)
 Know your Codes: An Introduction to
the PSA and CEQA, American
Planning Association Inland Empire
Chapter, Riverside California,
October 2023
 National Conference of the American
Planning Association, San Diego,
2022
 State Conference of the American
Planning Association, Anaheim,
2022
As the Community Planning Principal for MNS, Ms. Elliott, AICP, consults for public and private sector clients throughout the state. Emily oversees and prepares community planning and housing plans, and she manages projects and programs to implement agency policies. Emily is a versatile project director effectively administering contracts across various project types. A member of the American Institute of Certified Planners and a leader within the American Planning Association, Emily fosters industry connections and maintains the relevancy of her knowledge and skillset.

With over 14 years of practicing in California, Emily's broad background in consulting and municipal service allows her to appreciate the needs and perspectives of agencies, project applicants, and the public, which informs thoughtful and considerate project delivery. Her experience includes:

REAP Funded Housing Element Update Technical Assistance Program, San Bernardino County Transportation Authority, CA. Program Manager.

The San Bernardino Transportation Authority (SBCTA) managed Regional Early Action Planning (REAP 1.0) funding and projects for San Bernardino County. The intent of the funding was to further local agencies' efforts to plan for and permit housing. Emily and her team provided thousands of hours of staff time to support local agencies with the processing of housing entitlements and technical assistance for Housing Element updates. As a result, the team directly assisted seven jurisdictions with staffing and technical assistance.

On-Call Environmental Planning Services, Cathedral City, CA. Project Manager. Emily manages the on-call contract with Cathedral City where her team prepares CEQA peer review and manages current planning projects for applicant-initiated development projects.
6th Cycle Housing Element Update, City of Redlands, CA. Project Manager.

In addition to managing the project, Emily led the community engagement efforts and presented updates to local decision-makers. Having a full and detailed knowledge of the city, Emily contributed extended analysis of the City’s historical development patterns, voter measures, and political landscape, and she worked with City staff to craft customized programs to address their unique challenges.

As-Needed Project Management Services, City of Redlands, CA. Project Manager. Emily has served the City of Redlands as an as-needed Project Manager since January 2019. In this role, she is responsible for planning and land use activities affiliated with specific development proponents.

The objective of these services is to provide efficient and streamlined processing of land use entitlements and facilitation of inter-agency coordination. In addition to managing individual development projects, Emily managed the administration of the contract and was responsible for involving and managing additional staff as necessary. Auxiliary services included historic architectural reviews and technical specialty support.

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CATEGORY 4 – STAFF AUGMENTATION PLANNING SERVICES
Resumes
SECTION 5. THE MNS TEAM | 5.7
Trayci Nelson, Staffing Lead
Firm
 MNS Engineers, Inc.

Areas of Expertise
 Land use consulting
 Project entitlement
 Inter-agency coordination
 Housing policy
 Public engagement
 Project/program management
Years of Experience
 36
Certification(s)
 Housing and Urban Development
(HUD) Certified Housing Quality
Standards Inspector (HQS)
Education
 BS, Urban and Regional Planning,
California State Polytechnic
University, Pomona, CA
Professional Development
 American Planning Association
(APA), California
 International Council of Shopping
Centers (ICSC)
 National Association of Housing and
Redevelopment Officials (NAHRO)
 Housing and Urban Development
(HUD) Housing Quality Standards
Certified (HQS) Inspector
Ms. Nelson has more than 30 years of experience in both current planning and environmental analysis. As a highly experienced project/case manager, she has provided current planning services to several cities throughout Los Angeles County, Orange County, Ventura County, and the Inland Empire. One of her current public-sector planning assignments has been with the City of Santa Paula, where she serves and project manager for the East Area 1 Specific Plan project area. Trayci has also served as project manager for multiple high-profile development projects over the past several years with the City of El Segundo Planning and Building Safety Department. In addition to current and advanced planning, her experience includes the management and preparation of various project and program-level environmental documents in compliance with the California Environmental Quality Act (CEQA). Trayci has prepared environmental documents for numerous public agencies, including the Cities of Los Angeles, Santa Barbara, Pasadena, West Hollywood, Fontana, and Irvine, the County of Los Angeles, the County Sanitation Districts of Los Angeles County, the San Bernardino County Solid Waste Management Department, and the Bureau of Land Management. Her experience includes:

City of Rancho Cucamonga, CA. Project Manager. On-Call Planning services. Services included assigning staff for in-house agency staffing support for current and advanced planning projects, community planning support, public engagement, environmental documentation, peer review services, and training services.

City of Santa Paula, CA. Project Manager. Under an on-call planning services contract, manages the design development, entitlement processing, and implementation of the East Area One Specific Plan project, which includes a Supplemental EIR and amended Specific Plan. Ms. Nelson is also managing the entitlement processing and implementation of the Santa Paula West Business Park Specific Plan project.

City of Bradbury, CA. Project Manager. Under an on-call planning services contract, manages the design development, entitlement processing, and implementation of the Oak View Estates Specific Plan project.

City of Industry, CA. Project Manager. Under an on-call planning services contract, managed the day-to-day staffing in City offices, preparation of ordinances and code amendments, entitlement processing, and implementation of a variety of projects including the Puente Hills Mall expansion.

Cities of Avalon, Big Bear Lake, Fountain Valley, Grand Terrace, Lake Forest, Loma Linda, Malibu, Redlands, Santa Monica, and Temecula, and Town of Apple Valley, CA. Served as contract planning staff responsible for processing land use entitlement applications, performing code enforcement, and performing other day-to-day planning department functions.

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ON-CALL ENVIRONMENTAL AND PLANNING SERVICES
CATEGORY 4 – STAFF AUGMENTATION PLANNING SERVICES
SECTION 5. THE MNS TEAM | 5.8
Name/Role Yrs
Exp
Credentials
Kimberly Zuppiger
Principal Planner
30  BA, Urban and Regional Planning, University of California at Irvine Paul Swancott
Principal Planner
25  FEMA, Badged/Consultant
 BS, Business Management, University of Redlands, CA
Jeffrey Graham, LEED AP
Senior Planner
8  LEED Green Associate, No. 0010925784
 BS, Community and Regional Development, UC Davis, CA
Haide Aguirre
Senior Planner
8  BS, Urban and Regional Planning, California State Polytechnic University, CA
 AS, Architectural Technology, Los Angeles Harbor College, CA  AS, Liberal Arts, Los Angeles Harbor College, CA
Baltazar Barrios III
Associate Planner
5  BS, Urban and Regional Planning, California State Polytechnic University, Pomona, CA
John Obing
Associate Planner
4  BS, Urban and Regional Planning, California State Polytechnic University, Pomona, CA (Cum Laude)
Inmaa Hafeez
Assistant Planner
5  BS, Urban and Regional Planning/Urban Design (Minor – Regenerative Studies), California State Polytechnic University, Pomona, CA Ivana Velasco
Assistant Planner
3  BA, Cultural Geography, California State University, Long Beach, CA  Coursework, Geography, Orange Coast College, CA

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ON-CALL ENVIRONMENTAL AND PLANNING SERVICES
CATEGORY 4 – STAFF AUGMENTATION PLANNING SERVICES
SECTION 6. THIRD-PARTY/SUBCONSULTANTS | 6.1
SECTION 6

THIRD-PARTY/SUBCONSULTANTS
MNS can provide agency staffing completely in-house and does not require the use of subconsultants.

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CATEGORY 4 – STAFF AUGMENTATION PLANNING SERVICES
SECTION 7. FEE SCHEDULE | 7.1
SECTION 7

MNS FEE SCHEDULE

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ON-CALL ENVIRONMENTAL AND PLANNING SERVICES
CATEGORY 4 – STAFF AUGMENTATION PLANNING SERVICES
SECTION 7. FEE SCHEDULE | 7.2

DIRECT EXPENSES
Use of outside consultants as well as copies, blueprints, survey stakes, monuments, computer plots, telephone, travel (out of area) and all similar charges directly connected with the work will be charged at cost plus fifteen percent (15%). Mileage will be charged at the current federal mileage reimbursement rate.

PREVAILING WAGE RATES
Rates shown with Prevailing Wage “(PW)” annotation are used for field work on projects subject to federal or state prevailing wage law and are subject to increases per DIR.

ANNUAL ESCALATION
Standard fee rates provided for each classification are subject to 3.5% annual escalation or the most recent US Bureau of Labor Statistics Consumer Price Index, whichever is higher.

OVERTIME
Overtime for non-exempt employees will be charged at 1.5 x hourly rate; overtime for exempt employees and other classification will be charged at 1 x hourly rate.

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May 30, 2024 | 5:00 P.M.

PROPOSAL MAIN CONTACT:

Shelby Sieracki
Director of Sales - West Region
626.224.2055
[email protected]
1500 S. Haven Ave., Suite 220
Ontario, CA 91761
www.interwestgrp.com

CIT Y OF DESERT HOT SPRINGS
On-Call Environmental and
Planning Services - Categor y 4
Staff Augmentation Planning Services

Page 369 of 760 ends

1500 S. Haven Ave., Suite 220
Ontario, CA 91761
909.295.3142 Phone
i
City of Desert Hot Springs | On-Call Environmental and Planning Services | Category 4: Staff Augmentation Planning Services
May 30, 2024
Mr. Travis Clark
Community Development Director
Community Development Department
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Re: Statement of Qualifications for Professional On-Call Environmental and Planning Services Category 4: Staff Augmentation Planning Services
Dear Mr. Clark:

Interwest Consulting Group, Inc. (Interwest) understands that the City of Desert Hot Springs (City) is seeking qualified consultants to provide On-Call Environmental and Planning Services. Our team has thoroughly reviewed the City’s Request for Qualifications and for Category 4, we are proposing a team of highly qualified and appropriately licensed staff to deliver the planning services requested by the City when needed.

We have provided planning support for a variety of cities in California, including communities similar to Desert Hot Springs, such as Rancho Cucamongo, El Monte, Apple Valley, Palmdale, and Indio — to name a few. Our planners have extensive experience working with local governments as staff members and as consultants. We understand the similarities between communities, but also understand that every community has their unique priorities and their own way of processing planning work. We utilize the City’s adopted policies and procedures and combine them with the best management practices to ensuring that projects are delivered on time and within budget.

We currently serve over 330 California public cities, counties, and state agencies. Our staff at Interwest builds relationships with clients that extend far beyond the provision of day-to-day services. The depth of our talent pool enhances our commitment to customer service, providing an additional layer of expertise to tackle any scenario. Our team has the proven ability to work collaboratively and communicate effectively with City staff and we will continue to coordinate with the City to ensure that deadlines and expectations are clearly defined and stringently met.

Shelby Sieracki will be the Account Manager for this opportunity and can be reached at [email protected] or 626.224.2055. Shelby will be responsible for ensuring increasing levels of client satisfaction throughout the life of the contract by performing periodic Client Health Checks, a service uniquely provided by Interwest.

Richard Smeaton, AICP, will be the Principal-in-Charge/Planning Project Manager. Richard has been providing professional planning services for more than 25 years. He is a skilled Principal Planner who brings a wealth of experience in all aspects of urban planning and community development.

Nick Pergakes, AICP, will be the Project Manager for this opportunity, he can be reached at npergakes@interwestgrp. com or 626.676.9533. Nick is an AICP-certified planner with more than 20 years of experience in urban design, land use planning, and zoning/form-based codes. Nick has worked in both the public and private sectors as an urban planner, urban designer, project manager, and team manager. Nick has overseen and prepared award-winning master plans, specific plans, corridor studies, and zoning/form-based codes in cities across California and the U.S.

As President of Interwest Consulting Group, I am authorized to sign any agreements that may result from this proposal. We appreciate the opportunity to present our proposal and look forward to continuing to serve your community.

Respectfully,
Paul Meschino
President of Interwest Consulting Group, Inc.

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THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. ii

CONTENTS

1. | FIRM PROFILE 1

2. | PROJECT LEADERSHIP 2

3. | ORGANIZATION CHART 3

4. | RESOURCES AVAILABLE TO THE CITY 4

5. | MANAGING STAFF RÉSUMÉS 13

6. | REFERENCES 15

7. | COST SCHEDULE 16
APPENDIX A. | REQUESTED CONTRACT MODIFICATIONS
Proposal Compliance Matrix

RFP REQUIREMENT LOCATION OF

RESPONSE

1. Provide the name of the Staff Augmentation Provider, address, telephone number, and email address of the contact person on the cover page.

Cover Page
Cover Letter

2. Provide an organizational chart and list of all employees who may be involved in providing this service to the City.

Page 3 ends

3. Provide the resume of the resource(s) that would be assisting the City with staff augmentation. Pages 5-12

4. Provide the resumes of any other staff that would be involved in aspects of managing those resources.

Pages 13-14

5. Provide three (3) references for similar types of services provided to project developers including local governments.

Pages 15

6. Provide a Cost Schedule of all Employees (Hourly Fully Burdened Rate) and any Administrative Costs.

Pages 16

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THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. 1
City of Desert Hot Springs | On-Call Environmental and Planning Services | Category 4: Staff Augmentation Planning Services

1. | Firm Profile
Interwest has extensive experience and a proven track record of successfully providing planning services to public agencies for 22 years. We currently serve more than 330 public agencies, providing planning, CEQA, plan review, inspection, and community development services.

Interwest was founded by individuals with a passion for serving municipalities.

In 2021, Interwest became a wholly owned subsidiary of SAFEbuilt, LLC.

Interwest, combined with our subsidiaries, employs more than 500 professional staff in California, supported by SAFEbuilt’s larger resources of about 1,700+ national employees. Our employees span a multitude of disciplines, roles, and job placements to municipalities within building safety and public works departments throughout California.

Providing Planning Services is at the core of our business. We have highly qualified staff and extensive resources throughout the state. Interwest is comprised of Planners, Urban Designers, Grant Writers, Engineers, Building Inspectors, Plan Examiners, and other professionals specializing in providing community development services to local government agencies.

Our staff has held senior and executive management positions within numerous California cities and public agencies, including the titles of Community Development Director, Planning Manager, City Planner, and other management positions.

This depth of experience brings a high level of knowledge and sensitivity towards community and special interest group issues. We value the importance of a focus that represents the interests of our public agency clients and reflects positively on the citizens they serve.

We furnish both technical excellence and a thorough understanding of the regulatory process to assist our clients through the sometimes-daunting complexities associated with the delivery of projects, implementation of important public programs, and adoption of significant public policy

INTERWEST PROFILE

OFFICIAL NAME, YEAR

FOUNDED & BUSINESS
STRUCTURE:

Interwest Consulting Group,
Inc. 2002, Corporation
FIRM CAPACITY:

More than 500
Employees
PROJECT OFFICE:
1500 S. Haven Ave.,
Suite 220
Ontario, CA 91761

SERVICES INTERWEST
PROVIDES:

Building Department Services
Municipal Engineering
City Planning
Construction Management
Traffic Engineering
Real Estate Property Services
Grant Writing
& Administration

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THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. 2
City of Desert Hot Springs | On-Call Environmental and Planning Services | Category 4: Staff Augmentation Planning Services

RICHARD SMEATON, AICP
25+ Years of Experience
Professional-in-Charge
630. 677.6072
[email protected]

NICK PERGAKES, AICP
20+ Years of Experience
Project Manager
626-676-9533
[email protected]

SHELBY SIERACKI
8+ Years of Experience
Director of Sales - West Region
626.224.2055
[email protected]

2. | Project Leadership
Maintaining frequent and consistent check-ins between the account management, our operations teams, and our clients is key to the early identification of performance risks and contributes to contract success. Your account management team will reach out to the City to discuss the best method and frequency for these check-in meetings. These meetings will provide both parties the opportunity to manage the resources tactfully and develop the best Contractor-Client relationship. We can also estimate and evaluate possible outcomes during this process and make the necessary changes.

Rick Smeaton, AICP, Principal-in-Charge/Director of Planning Services, oversees Interwest’s Planning Team and will serve as a resource and oversee the quality of services provided. His extensive experience in director-level positions in municipal government affords him the skills and sensitivity to complete projects on time and within budget.

Nick Pergakes, AICP, Project Manager, is an AICP-certified Planner with more than 20 years of experience in urban design, land use planning, and zoning/form-based codes. Nick has worked in both the public and private sectors as an urban planner, urban designer, project manager, and team manager. Nick has overseen and prepared award-winning master plans, specific plans, corridor studies, and zoning/form-based codes in cities across California and the U.S. Recent highlights of his work include the Corona Downtown Revitalization Specific Plan Update, San Dimas Downtown Specific Plan, and Rio Vista General Plan Update.

Shelby Sieracki, Account Manager/Director of Sales - West Region, will act as an intermediary between Interwest and the City to meet the City’s needs for information, support, and assistance. In turn, she helps Interwest to better understand the City’s needs, expectations, and difficulties. Shelby has served in client relations for more than eight years and has learned what it takes to provide an in-tune and in-touch approach to clients. As the City’s Account Manager, Shelby aims to ensure the City receives the support it needs. Her role focuses on bringing the right people to the table should your community desire things such as additional service options, improved tech-enabled capabilities, local or headquartered back-office support, and overall contract success and longevity. Shelby will be responsible for ensuring increasing levels of client satisfaction throughout the life of the contract by performing periodic Client Health Checks, a service uniquely provided by Interwest.

Together, the team will be dedicated to ensuring that the City receives high-quality work products in the format required and to providing staff trained and briefed on the City’s specific requirements so that services are delivered promptly.

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THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. 3
City of Desert Hot Springs | On-Call Environmental and Planning Services | Category 4: Staff Augmentation Planning Services
Professional-in-Charge
Richard Smeaton, AICP
Account Manager
Shelby Sieracki
Program Manager
Nick Pergakes, AICP
Interwest Planning Services Team
Douglas Fenn, Principal Planner/Supervisor
TBD Upon Contract Award*
* Interwest pre-interviews qualified planners so that when the opportunity arises to bring them on to our team we can quickly on-board them and have them working for the City of Desert Hot Springs.

Interwest Planning Services Remote Team

3. | Organization Chart
As staffing needs vary from project to project throughout the contract, our project leadership chooses the proposed team carefully with these details in mind. Our commitment to service delivery to the City is number one. With more than 500 employees in California alone, Interwest maintains the bench strength to stand by our commitment to providing available, capable staff to the City. Resumes displaying the teams expertise follow.

ASSOCIATE PLANNERS
Samina Merchant
Sarah Ekpo
Susanna Gutierrez
Liz Golden

ASSISTANT PLANNER
Emily Ladue
Bailey Sullivan
Daisy Diep
Joshua Valdez

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THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. 4
City of Desert Hot Springs | On-Call Environmental and Planning Services | Category 4: Staff Augmentation Planning Services

4. | Resources Available to the City
Interwest understands that the City is requesting qualified planners to provide coverage for City staffing when necessary.

Interwest is familiar with providing these services and has successfully provided them to many other California cities like Desert Hot Springs. Being that no specific dates can be provided at this time, the strategy we would employ is to offer remote staff services until dates are known, at which time a dedicated planner can be assigned to go to Desert Hot Springs City Hall when needed. The assignee would have similar qualifications as to those included in this proposal and will not be assigned without the City’s approval.

Our team prioritizes effective project management and utilizes best practices to meet each municipality’s service requirements.

This includes efficient communication, timely completion of tasks, and proactive planning to avoid any delays or issues. We understand the importance of staying on schedule and within budget, and we have a track record of successfully delivering services in a timely manner.

Overall, our goal is to deliver services on time and on budget, and we have a proven track record of doing so. We value the trust and confidence that our partners have in us, and we are committed to maintaining our reliable reputation in the industry. With our experienced and highly qualified personnel, we are confident in our ability to meet the scheduling needs of Desert Hot Springs and provide excellent planning services to support the community’s growth and development.

We provide many planning services on a remote basis utilizing technology to communicate information efficiently and our planners are adept at working remotely.

Recruitment Efforts
As we cannot maintain planners without work for them to do, Interwest maintains a database of planners that we have vetted for planning assignments. These are planners that we want to bring onto our team, but need to identify work for them. In the event that we do not have someone pre-screened for an assignment, our Talent Acquisition Team proactively finds new ways to attract and retain top talent in the industry to ensure we can provide highly qualified professionals to serve our clients. The hiring process for all roles begins with recruiting. When a additional staff is requested our Talent Acquisition Team reaches out to our national network of in-house recruiters and open position listings on the major on-line job boards.

One of our most potent tools for recruitment has been our employee referral bonus program. This program allows any Interwest staff member to earn a bonus of $2,000 for any full-time staff member they refer who is employed at any Interwest company for a minimum of six months. Effectively, this incentive benefits our staff while increasing our recruiter network to all 1,700+ staff members nationwide. In addition to our in- house staff and recruiters, we also have relationships with outside recruiting firms and utilize them to source more challenging positions. This multi-pronged approach to recruiting has allowed us to continue to hire very well- qualified candidates, even faced with challenges like the “Great Resignation,” a global pandemic, and decades of high inflation. Our recruiting and training programs ensure that we hire highly qualified, experienced, and capable personnel who develop as they progress through their careers with us.

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YEARS OF EXPERIENCE: 6
YEARS WITH INTERWEST: 3
EDUCATION:
MS, Urban Planning, Texas
A&M University
Outstanding MUP Student
Award, Texas A&M University
Excellence in Diversity,
Texas A&M University
BS, Architecture, Gujarat
University

REGISTRATIONS/
CERTIFICATIONS:
Transportation Planning
Sustainable Urbanism

COMPUTER CAPABILITIES
Adobe Creative Suite,
MS Office Suite,
Revu Bluebeam,
Accela,
GeoCivix,
ESRI ArcGIS,
Autodesk AutoCAD and Revit
Samina Merchant

ASSOCIATE PLANNER
Samina has over six years of diverse experience spanning architecture, urban and transportation planning, ecological design, and sustainable development She has been serving as a contract planner for municipal clients in the bay area where she adeptly handles various planning tasks, from processing entitlements to assisting with land use and zoning code inquiries. Samina’s expertise extends to research, project management, streamlining planning processes, and presenting discretionary applications at public meetings. Her experience provides her with a deep understanding of various urban planning and urban design projects, making her a valuable asset to a team.

PROFESSIONAL HISTORY
Associate Planner / Interwest Consulting Group / 2021 - Present Samina assists Interwest clients with a variety of current and long-range planning tasks, collaborating with local governments to provide guidance to members of the public, design professionals, and contractors on matters related to land use, zoning, and code interpretation. She reviews ministerial and discretionary applications and recently supported enhancement of a municipality’s newly adopted plan review electronic portal, ensuring compliance with the city’s zoning code for various development proposals. She has also worked on current planning projects for the City of Lafayette and Oakland, Zoning Text Amendment project for the City of Benicia, and Special Events Permit Code for the City of Lawrence.

Research Assistant / The ENDEAVR Project / 2020 - 2021
Samina assisted with the project data collection and project management. She evaluated and coded transportation plans with a developed protocol using literature to determine best practices in equitable public participation, social equity, and environmental justice (EJ), as well as preparedness for emerging technologies.

Graduate Assistant / Office of the University Architect / 2019 - 2020 Samina led the development of Campus Site Furnishings and Hardscape Standards to carry out unified and standards planning practices throughout the campus. She drafted a comprehensive new employee manual to aid current and new office employees.

Planning Intern / Texas Target Communities / 2019
Samina conceptualized document branding, ArcGIS maps and topic-specific materials of comprehensive plan chapters for the Rockport Comprehensive Plan 2019-2039 and the Willacy County Comprehensive Plan 2020 – 2040.

GIS Technician and Outreach Marketing Assistant / TxFCP / 2019 Samina collaborated and developed a comprehensive database and ArcGIS online mapping tool – Atlas Map 2.0 and its guidebook for the Texas Freedom Colonies Project (TxFCP). She analyzed GIS database and created outreach and marketing documents for social media and public meetings for historic preservation.

Junior Architect / Planning Solutions, India / 2018
Samina consulted with clients to determine functional and spatial requirements of the project and coordinated team meetings to resolve technical and project issues and reviewed project schedules. She prepared detailed layouts and working drawings for an ecological redevelopment project to reclaim 11 water bodies in the State of Odisha, India.

Junior Architect / Bansal Associates, India / 2017
Samina worked with municipal officials, clients, consultants, and building contractors in delivering a range of residential and commercial projects.

Associate Planners

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YEARS OF EXPERIENCE: 6
YEARS W/ INTERWEST: 2

EDUCATION
Master of Public Administration,
Local Government and Project
Management Emphasis,
Marriott School of Business,
Brigham Young University
Bachelor of Arts – Geography
– Urban and Regional Planning,
Brigham Young University
Sarah M. Ekpo

ASSOCIATE PLANNER
Sarah is a professional planner with six years of experience. She has worked with public agencies either as a staff member or a consultant. Sarah brings a wealth of experience with current and long-range planning. She has presented to local government officials, facilitated communication between elected officials, the consulting team, and the citizens, and has managed planning teams of up to 40 individuals.

PROFESSIONAL HISTORY
Associate Planner / Interwest Consulting Group / 2022 – Present Sarah develops or monitors any one of a number of elements contained in a development approval or land use plan, such as district regulations, permit and review procedures, landscape requirements or housing. She meets with property owners and field checks property to determine compliance with conditions of approval.

Planner and Analyst / Utah Governor’s Office of Planning and Budget / 2021 Sarah coordinated with local and state agencies to aid in the creation of a state-wide water plan. She consulted the Utah Insurance Department in creating a strategic 10- year plan for their organization.

Planner / Utah Department of Transportation / 2018 - 2018 Sarah worked on the development of the Move Utah program. She utilized Strava and GIS data to create a more comprehensive usable set of data to base decisions off of . Sarah performed grant writing and editing for state-level grants and applied for federal grants. She developed an app to allow for multimodal transportation trip planning.

Planner / Urban Planning International, L.L.C. / 2017 - 2020 Sarah managed the development of general plans and zoning ordinances and organized public outreach for the creation of general plans including gaining citizen feedback. Facilitated communications. She partnered with the National Parks Service to create a regional trails plan. She assisted local governments with current planning projects and in answering questions from the public.

Notable Assignments/Projects: Eureka Trails, Concept Plan; Manti City Zoning Ordinance and Subdivision Regulations Update; Hideout Town General Plan; Delta City General Plan; Gunnison City General Plan; Mona City General Plan; and Eureka City General Plan

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YEARS OF EXPERIENCE: 4
YEARS W/ INTERWEST: 1
EDUCATION:
BA in Urban Studies, University
of California, Berkley

PROFESSIONAL
AFFILIATIONS:
FEMA Emergency Management
IS
Susan Gutierrez

ASSOCIATE PLANNER
Susan has 4 years of experience working in local government processing development projects for compliance with local, state, and federal regulations. She has worked firsthand with City officials and has obtained on-the-job knowledge pertaining to local, State and Federal codes and ordinances. Susan is an excellent problem solver, consistently follows through on tasks, and can balance multiple projects concurrently, making her a valuable resource on any planning project. Additionally, she is bilingual in English and Spanish.

PROFESSIONAL EXPERIENCE
Associate Planner / Interwest Consulting Group / 2023 - Present Susan provides contract staffing services for municipalities working the planning counter, providing information to the public regarding development regulations, processing ministerial and discretionary entitlements, and preparing and presenting reports on development proposals to government bodies.

Assistant Planner / City of Avalon / 2021 - 2023
Susan was responsible for a full range of department duties and entitlement approvals. She has worked on site plan review, variances, conditional use permits, transient rental licenses, local coastal permits, zoning ordinance amendments (including SB9 and ADU updates), general plan amendments (Housing Element and Local Coastal Plan). She coordinated agenda placement and public notice for commission meetings. She prepared staff report materials, including zoning analysis, environmental determination, staff recommendations, resolutions, and conditions of approval. She was the staff liaison for to the Planning Commission and City Council.

Assistant Planner / City of Clearlake / 2020 - 2021
Susan was the contact planner for the City of Clearlake. She assisted with the front counter for both the Planning and Building Departments. She assisted in various land use and building permit applications, upheld compliance with local/state/national codes, compiled reports, and conducted various reviews for projects. She was the key facilitator between department levels of consistency in project review, NFIP, and the Cannabis Equity program.

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YEARS OF EXPERIENCE: 4
YEARS W/ INTERWEST: 1

EDUCATION
MS, City and Regional Planning,
Cal Poly, San Luis Obispo - 2020
BS, Urban Planning & Studies,
CSU Northridge - 2017

COMPUTER CAPABILITIES
ArcGIS
AutoCAD
SPSS
SketchUp
Adobe Creative Cloud
Microsoft Office
Liz Golden, AICP

ASSOCIATE PLANNER
Liz has four years of experience within Planning departments for various municipalities.

She has worked firsthand with City officials and has obtained on the job knowledge pertaining to local, State and Federal codes and ordinances and has worked closely with the County of San Luis Obispo on to provide Long Range Planning documents for local departments including housing and cannabis. Liz is an excellent problem solver, consistently follows through on tasks, and can balance multiple projects concurrently, making her a valuable resource on any planning project.

PROFESSIONAL HISTORY
Assistant Planner / Interwest Consulting Group / 2021 - Present Liz provides contract staffing services for the City of Scotts Valley and other municipalities. She provides information to the public regarding development regulations, reviews building and grading permit applications, processing development proposals, and preparing and presenting reports on development proposals to government bodies. She has also worked on a General Plan update for the City of Rio Vista, a Specific Plan update for the City of San Dimas, and a zoning code update for Mendocino County.

Long Range Planning, County of San Luis Obispo / Internship / 2019 - 2020 While working at the County of San Luis Obispo (SLO), Liz worked on several long range planning documents including the Safety Element and Local Hazard Mitigation Plan update. She also assisted with policy development with the Housing and Cannabis departments.

Professional Project / San Miguel / 2019 - 2020
While working at the County of San Luis Obispo, the objective of the project was to create new guidelines for inclusion of disadvantaged communities within the County’s existing Water Conservation Programs. San Miguel was identified as a DAC as part of SB 1000 requirements, by County Staff. The project was overseen by the County Staff and Supervisor for Water Programs.

Plan Development, City of McFarland / 2019 - 2020
During the second year of Cal Poly’s Master’s program, Liz worked with the City of McFarland and assisted in updating their General Plan. These updates and additions allowed the city to apply for new grants and organize community members. Liz coordinated the public meetings and substantially contributing to both the Safety Updates and Public Facilities Element updates.

Jensen Design & Survey, Ventura / Internship / Summer of 2016 While working at Jensen, Liz prepared project documents and various land use applications. Liz utilized her computer skills to create professional documents with programs such as Microsoft Excel, AutoCAD and ArcGIS.

Transportation Research Assistant, Northridge - Student Research / Summer of 2015
Liz worked on a transportation related project in the city of San Fernando. The project involved traffic counts and Sketch-Up models of the interventions suggested.

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YEARS OF EXPERIENCE: 3
YEARS W/ INTERWEST: 1
EDUCATION:
B.S. in City and Regional
Planning, California Polytechnic
State University
Emily LaDue

ASSISTANT
Emily has experience in community planning, project entitlements, customer service, outreach, and urban design. She is adaptable, creative, and collaborative.

PROFESSIONAL EXPERIENCE
Planning Technician / Interwest Consulting Group / 2023 – Present Assist customers with questions at the public counter. Aid planning staff with various entitlements, research, and long-range projects.

Planning Intern / City of Livermore /2021 – 2022
Researched and developed street sections for the Downtown Specific Plan using Illustrator.
Researched and wrote a staff report on historic plaques for the Historic Preservation Commission.
Updated architectural design standards using InDesign. Reviewed and approved residential and commercial current planning projects including applications for residential and commercial additions, sign design, and general site plan and design review.

Assistant Planners

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YEARS OF EXPERIENCE: 3
YEARS W/ INTERWEST: 2
EDUCATION:
B.S. City and Regional Planning
with a Minor in Sustainable
Environments, California
Polytechnic State University

LICENSES /
CERTIFICATIONS:
Real Estate License
FEMA Certifications
IT Project Budget and Cost
Management Certification
Budgets, Cashflow Forecasting
and Management Accounts
Certification
Bailey Ann Sullivan

ASSISTANT PLANNER
Bailey is an Assistant Planner with three years of experience within planning departments for various municipalities. She has experience in community planning, project entitlements, CEQA documentation, hazard mitigation, and real estate development.

PROFESSIONAL EXPERIENCE
Assistant Planner / Interwest Consulting Group / 2022 - Present Bailey provides contract staffing services for the City of Signal Hill and other municipalities. She provides information to the public regarding development regulations, reviews planning permit applications, processes development proposals, and prepares and presents staff reports on development proposals to Planning Commission.

Assistant Planner / City of Atascadero / Nov 2021 - Present Bailey worked in the Community and Economic Development Department for the City. She was focused on development review, assisting with the permitting process, and presenting projects at various hearings for approval. Bailey worked on preparing staff reports, environmental documents, and zoning code and general plan updates.

Assistant Planner / Project Manager / Angle Land Use Entitlement / May 2021 – Nov 2021
Bailey worked on real property/land use feasibility, subdivision permitting, commercial and residential development, CEQA coordination, entitlement, and Winery/ Cannabis Development.

Research Assistant / CAL FIRE / Jan 2021 - July 2021
Bailey worked with Cal Poly San Luis Obispo and CAL FIRE on researching the effects of fuel treatments on the recent wildland fires in California.

Environmental Services Intern / City of Hermosa Beach / June 2019 – August 2020
Bailey correlated disparate data and created reports for planning firms, developed a case study for a Caltrans Adaptation Grant Program, created a budget allocating funding sources for projects, recommended sourcing of recyclable products, and created widgets for planning development.

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YEARS OF EXPERIENCE: 2
YEARS W/ INTERWEST: 1
EDUCATION:
BA, Urban Planning – Urban
Planning Studies – Univeersity of
California, San Diego
AS, Architecture – San Diego
Mesa College
VOLUNTEER:
International Rescue Committee
– After School Tutor
Daisy Diep

ASSISTANT PLANNER
Daisy has 1 year of experience in urban planning and community development. She has been assisting with processing municipal entitlements and assisting with phone calls and planning counter inquiries. Her experience and education provides her with a depth of knowledge of various urban planning and urban design projects.

Daisy is familiar with various building permit programs, ArcGIS, AutoCAD, and Revit.

Also, she is fluent in Vietnamese.

PROFESSIONAL EXPERIENCE
Assistant Planner/ Interwest Consulting Group / 2023 - Present Daisy assists Interwest clients with a variety of current and long-game planning tasks.

Planning Intern / City of Poway / 2022 - 2023
Daisy attend planning roundtable and development review committee meetings to review and discuss planning projects. She replied to planning inquiries regarding zoning, land use, municipal code, and application status and responded either inperson or through emails or phone calls. She coordinate with planners to review discretionary applications (Development Review and MDRA) and administrative applications (Verification Zoning Letter, Business License, Temporary Use Permit, and Building Permit). She conducted historical research on properties to assist applicants with public record requests. She drafted deed covenants and addressing documents for Accessory Dwelling Units. She prepared PowerPoint presentations for the Director and City Planner pertaining to Development Review projects that were going to be heard by City Council and the public.

Office Assistant / I-HouseDaisy / 2021 - 2022
Daisy acted as the interior space planner for venues. She coordinated the availability of the classrooms and the Great Hall for rent. She conducted client outreach for events, including date and time confirmation, and event room layout. She used Adobe Photoshop to create event layout for clients to review and for Event Assistants to set up the venue.

Office Assistant / San Diego Mesa College / 2018 - 2020 Daisey managed scheduling of appointments and organized calendars for academic counselors. She compiled documents for counselors, students, and office staff ahead for student appointments, staff meetings, events. She researched and analyzed data of students to categorize their situations and needs. She coordinated with academic counselors and professors to prepare informational presentations to Continuing Education classrooms. She mentored Continuing Education students with diverse backgrounds with the goal of helping them achieve their educational goals. She shared personal experience on how to succeed in college as a non-native English speaker.

Introduced College Relations’ goals and objectives at conference panel discussions.

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YEARS OF EXPERIENCE: 2
YEARS W/ INTERWEST: 1

EDUCATION
B.S. Community and Regional
Development I University of
California, Davis
Joshua Valdez

ASSISTANT PLANNER
Josh is an experienced planner who joins the Interwest team with two years experience in municipal planning, and a degree in Community and Regional Development.

He started as an intern for the City of Woodland, and advanced to the level of Junior Planner in the span of a year. He also possesses three years experience with Geographic Information Systems.

PROFESSIONAL EXPERIENCE
Assistant Planner/ Interwest Consulting Group / January 2023 - Present Review and approve department proposals, site plans, design and landscape plans, sign plans, and business licenses for compliance with appropriate regulations and policies.
Assume responsibility for moderately complex planning projects or significant portions of complex projects involving land use, demographics, economic activities, housing, transportation, and related subjects. Provide general information to the public, development community and other government agencies pertaining to the General Plan and specific plans, land use, zoning, redevelopment, historic resources, and planning and development policies, procedures, and standards; make authoritative interpretations and applicable laws, regulations, and policies.

Junior Planner / City of Woodland / May 2022 - January 2023 Review and approve department proposals, site plans, design and landscape plans, sign plans, and business licenses for compliance with appropriate regulations and policies.
Assume responsibility for moderately complex planning projects or significant portions of complex projects involving land use, demographics, economic activities, housing, transportation, and related subjects. Provide general information to the public, development community and other government agencies pertaining to the General Plan and specific plans, land use, zoning, redevelopment, historic resources, and planning and development policies, procedures, and standards; make authoritative interpretations and applicable laws, regulations, and policies.

Planning Intern / City of Woodland/ April 2022 - May 2022 Assist with providing land use and zoning information at the public counter, via phone, and email.
Gather a variety of information and data for the preparation of planning reports and studies.
Assist in compiling, arranging, analyzing, and interpreting data.

Water Conservation Intern / City of Woodland / November 2021- April 2022 Performed a variety of functions related to educating community members. Helped plan and staff outreach events and workshops.
Created literature, brochures, social media postings, and other materials to promote

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5. | Managing Staff Résumés
YEARS OF EXPERIENCE: 25+
YEARS WITH INTERWEST: 3
EDUCATION:
MPA in City Management,
Northern Illinois University
BA in Urban Planning ,
University of Illinois UrbanaChampaign
Certificate in Real Estate
Development, San Jose State
University

PROFESSIONAL
AFFILIATIONS:
American Planning Association,
1993 - Present
American Institute of Certified
Planner, 2001 - Present
Richard Smeaton, AICP

PROFESSIONAL-IN-CHARGE / DIRECTOR OF PLANNING SERVICES
Richard has been providing professional planning services for more than 25 years. He has worked almost exclusively with public agencies as a staff member, contract planner, or consultant. Richard is a skilled Principal Planner who brings a wealth of experience in all aspects of urban planning and community development. This experience includes preparing and managing the processing of major projects, design review, annexations, cannabis uses, housing elements, and various planning studies. This also includes holding director-level positions in municipal government. His background and experience have afforded him the skills and sensitivity to complete projects on time and on budget.

PROFESSIONAL EXPERIENCE
Director of Planning Services /Interwest Consulting Group / 2021 – Present Richard is currently serving as the Director of Planning Services and Principal Planner for Interwest Consulting Group. He provides a range of current and long-range planning services to Interwest clients throughout California and Illinois.

Notable Assignments/Projects: Contract Interim Planning Director, Town of San Anselmo; Contract Principal Planner, City of Morgan Hill; Contract Principal Planner, City of Orinda; Contract Principal Planner, City of Lafayette; Contract Principal Planner, City of Perris; Contract Principal Planner, City of El Cerrito; Contract Principal Planner, City of Benicia; Contract Planner, Village of Willowbrook; Contract Planner, Village of Peotone; Contract Planner, Village of Orland Park; Irwindale Zoning Ordinance Update; Jefferson Ridge SB35 Project; Bear Creek Road 5-Megawatt Photovoltaic Facility.

Department Manager - Planning / Michael Baker International / 2014 - 2021 Richard served as the Northern California Planning Lead for Michael Baker International. He supervised the daily operations of the long-range Planning, current Planning, and Agency Staffing operations in Northern California. Richard managed 14 employees and subcontractors, located in two separate offices and at remote job sites: oversaw $12 million in contracts at any given time. He led multidisciplinary teams and projects for municipal clients, focusing on current planning, long-range planning, CEQA, and housing issues.

Notable Assignments/Projects: Interim Planning Manager, City of East Palo Alto; Contract Principal Planner, City of Morgan Hill; Contract Principal Planner, City of San Jose; Contract Principal Planner, City of East Palo Alto; Contract Project Manager, City of Santa Clara; Greenfield South End Annexation, City of Greenfield; Planning Department Budget, City of East Palo Alto; Planning Department Fee Study, City of East Palo Alto; Contract Senior Planner, City of Saratoga; Contract Cannabis Review, Monterey County; Contract Senior Planner, City of Campbell; Contract Senior Planner, City of Sand City; Contract Senior Planner, City of Orinda.

Contract Planner and Housing Program Coordinator / City of Patterson / 2013 Richard initiated updates to the Housing Element and General Plan Map, wrote the Plan Commission’s CEQA training manual, and managed projects through the entitlement and approval process. He supported the City’s First-Time Homebuyer Assistance Program, and disseminated information to the public, builders, developers, and other agencies.

Notable Projects: Housing Element updates; General Plan Map updates; Climate Action Plan updates.

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RICHARD SMEATON, AICP | PRINCIPAL PLANNER | PAGE 2
Contract Planner Baird + Driskell Community Planning / 2013 Richard conducted housing, demographic and special housing needs research and analysis for a private consulting firm. He attended meetings in support of the 21 Elements San Mateo Countywide Housing Update, and created and maintained a countywide database of all Housing Element data.

Independent Contractor / 2010 - 2013
Richard served as an Independent Contractor, conducting real estate marketing, leasing and property management for rental properties. He oversaw demolition, construction and remodeling of residential and commercial spaces. Richard conducted real estate entitlement work for residential and commercial developments.

Director of Community Development Village of Matteson, IL / 2007 - 2009 Richard supervised the daily operations of the Community Development Department, consisting of three divisions, 15 employees, and multiple consultants. He prepared, analyzed and implemented the Department’s budget. Richard developed and implemented policies and procedures to meet municipal goals, leading multidisciplinary teams and projects. He managed projects through the entitlement and approval process in an efficient and timely manner. Richard negotiated annexation agreements, economic development agreements, and contracts. He tracked departmental workflow, maintained reports and analyzed statistical information. Richard was tasked with streamlining the Community Development Department’s approval processes and procedures.

Notable Projects: 211th Street Metra Station Transit-Oriented Development Plan; NEPA - Canadian National Railway Acquisition of EJ&E Railway Right-of-Way; Zoning Code Updates; Comprehensive Plan Update; Community Development Department Budget; Annexation of 50 acres on the northeast corner of Lincoln Highway & Harlem Avenue.

Contract Village Planner Village of Glen Ellyn, IL / 2006 - 2007 Richard managed projects, ensuring projects had the required documentation, met the legal requirements and moved through the approval process in an efficient timely manner. He reviewed and made recommendations on site plans, engineering plans, architectural elevations, building petitions and legal documentation for projects within the Village.

Richard interpreted the Village Code, Zoning Ordinance and Building Code for contractors and residents. He served as liaison to the Plan Commission and the Architectural Review Commission. Richard negotiated annexation agreements and other contracts. He used a geographical information system (GIS) to analyze land-use, to create custom maps and reports.

Notable Projects: Village of Glen Ellyn Residential Design Guidelines.

Planner & Zoning Officer City of Batavia, IL / 1999 - 2004 Richard ensured projects had the required documentation, met the legal requirements and moved through the approval process in an efficient timely manner. He reviewed and made recommendations on plans, architectural elevations, building petitions, and legal documentation for commercial, industrial and residential projects. Richard served as liaison to city committees, commissions, and boards. He commenced legal proceedings and acted as the City’s expert witness in court cases dealing with land-use, zoning, the building code and code enforcement issues. Richard disseminated information to the public, builders, developers and other agencies. He maintained departmental reports and analyzed statistical information. He also managed consultants providing contract services to the City. Richard was the primary contact for economic development incentives. He provides press and public relations services, disseminating information regarding ongoing or proposed projects to encourage that the press maintained a positive view of the City and City policies. Richard revamped the development policies and procedures between the Community Development, Engineering and Public Works Departments maximize organizational effectiveness, efficiency and customer service.

Notable Projects: Downtown Batavia Master Plan; Expansion of the Aldi Corporate Campus; Zoning Code Updates; Multiple Annexations; Community Development Department Budgets; Planning and Building Fee Studies; Population Projections; Creation of TIF District #1 and #2; Highway Route 25 Realignment Project; Served as the City’s Expert Witness on Planning related matters.

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YEARS OF EXPERIENCE: 20+
YEARS W/ INTERWEST: 4
EDUCATION:
MS, Urban Planning, University
of Washington
BS, City and Regional Planning,
California Polyethnic State
University, San Luis Obispo

REGISTRATIONS/
CERTIFICATIONS:
Certificate of Achievement in
Urban Design, University of
Washington
American Institute of Certified
Planners, Member #018792
American Planning Association
Congress for the New Urbanism
Nick Pergakes, AICP

PRINCIPAL PLANNER
Nick is an AICP-certified planner with more than 20 years of experience in urban design, land use planning, and zoning/form-based codes. Nick has worked in both the public and private sectors as an urban planner, urban designer, project manager, and team manager. Nick has overseen and prepared award-winning master plans, specific plans, corridor studies, and zoning/form-based codes in cities across California and the U.S. Recent highlights of his work include the City of Hope Campus Specific Plan, San Dimas Downtown Specific Plan, and Rio Vista General Plan Update. As a member of the American Planning Association and Congress for New Urbanism, Nick presents regularly at conferences on transit-oriented development, placemaking, and zoning/form-based codes. His research has been published by ITE and the Washington State Department of Transportation.

PROFESSIONAL AND PROJECT EXPERIENCE
San Dimas Downtown Specific Plan / San Dimas, CA / Project Manager Downtown Revitalization Specific Plan Update/ Corona, CA / Project Manager University Neighborhood Specific Plan Update / Palm Desert, CA / Project Manager
Zoning Code and Design Guidelines Update / Irwindale, CA / Project Manager Housing Implementation Zoning Code Amendments / Laguna Beach, CA / Project Manager
Multi-Family Zoning Code Update and Objective Design Standards /Covina, CA / Principal Planner / Urban Designer
Zoning Code Update and Objective Design Standards / Rancho Cordova, CA / Project Manager
Rio Vista General Plan Update / Rio Vista, CA / Assistant Project Manager Rio Vista Missing Middle Housing Concepts for City-Owned Property / Rio Vista, CA / Project Manager
Zoning Code Update and Objective Design Standards / San Benito County, CA / Deputy Project Manager
Zoning Code Update / Mendocino County, CA / Deputy Project Manager City of Hope Campus Specific Plan / Duarte, CA / Project Manager East Pasadena Specific Plan Update / Pasadena, CA / Project Manager Lincoln Avenue Specific Plan Update / Pasadena, CA / Project Manager Connect Southwest LA: A TOD Specific Plan for West Athens-Westmont / Los Angeles County, CA / Project Manager
Palmdale to Burbank Station Area Planning, California High-Speed Rail / Southern California / Project Manager
Temple City Zoning Code Update / Temple City, CA / Project Manager ReThink Folly Road: A Complete Streets Study / Charleston, SC / Project Manager
East Point Main Street Corridor TOD Plan / Atlanta, GA / Project Manager Downtown Graysville Form-Based Code / Graysville, AL / Project Manager Area Character Appraisals for Cannonborough, Byrnes Downs, and Windemere Neighborhoods / Charleston, SC / Project Manager

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YEARS OF EXPERIENCE: 35
YEARS W/ INTERWEST: 2
EDUCATION:
Master of Public Administration,
Golden gate University, San
Francisco, CA
Bachelor of Science – Urban
Regional Planning, Brigham
Young University, Provo, UT

PROFESSIONAL
AFFILIATIONS:
American Planning Association
1989 – Present
Certification – UC Davis, Urban
Development Standards, 1993
Douglas Fenn

PRINCIPAL PLANNER
Douglas is a Principal Planner with 34 years of experience. He has extensive experience in many aspects of urban planning, economic development marketing, and development review of significant projects to oversee compliance with CEQA, Subdivision Map Act, and Development Codes. He managed commercial development projects - site evaluations, entitlements, architectural design, engineering, and construction management.

PROFESSIONAL EXPERIENCE
Principal Planner / Interwest Consulting Group / 2022 – Present Douglas serves as Principal Planner for Interwest and assists in long-range planning efforts.

Planning Manager / City of Adelanto / Chevron Program Manager Infrastructure Engineers / 2022 – 2022
Douglas served as Planning Manager for the planning division for the City of Adelanto, where he managed staff, reviewed and edited staff reports, and served as planning representative for the Planning Commission and City Council hearings. Douglas also prepared the Chevron (fuel and convenience stores) program for the cost estates and the SIR for the company real estate division, entitlements, architectural plans for building submittal, prepared bids with contractors, and oversaw the construction of the project up to store opening.

Senior Development Project Manager / Tait and Associates, Inc. / 2019 - 2022 Douglas served as Project Management of Seven-Eleven commercial development projects. He trained staff, reviewed/edited Lease Agreements, and ensured that all parties involved understood the CO timeline and met the timelines. Douglas approve Change Orders and the Additional Service Agreements and prepared the monthly Pre-Bill financial reports. He aided in directing all development activities, including land analysis/due diligence, entitlement negotiations and management, cost control, permitting, project budgeting, and construction overview. Douglas trained staff in preparing bid requested documents and was one of the team members in selecting contractors.

Project Development Manager / Tait and Associates, Inc. / 2017 - 2019 Douglas managed commercial development projects such as Orchard Supply, Taco Bell, Walmart, and 7-Eleven. He prepared and edited cost estimates, site evaluations, entitlements applications, proposals, and ASAs; reviewed and managed the architectural design, engineering team, and plan revisions and soil reports.

He also prepared bid walk documents for the contractor site visit. Reviewed with the contractors their responsibilities, including what wet and dry utilities would be extended into the lease area, and confirmed that the Landlord completed offsite improvements. Douglas conducted weekly Fast Field reports and was the key contact to relay any construction and SEC issues. Incidentally, the 7-Eleven building was ready for opening day.

Assistant Project Manager / Tait and Associates, Inc. / 2016 - 2017 Douglas Manage commercial development projects - site evaluations, entitlements, architectural design, engineering, and construction management. He prepared proposals for 7-Eleven and Del Taco projects. Douglas prepared edit other employees’ site and building reports (SIR and BIR) for content and accuracy. He wrote the Engineering Certification and Environmental Reports (CVS). He submitted applications for entitlements, including client representative at DRC and DAB meetings, public hearings, and overseeing the project through plan check review and on-site inspections. He was the primary project contact between client and

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City of Desert Hot Springs | On-Call Environmental and Planning Services | Category 4: Staff Augmentation Planning Services
Douglas Fenn | Principal Planner | Page 2
jurisdiction for 7-Eleven, CVS, Orchard Supply, Gelson’s Market, and upscale infill mix-used projects. Douglas was the primary contact within the office for CEQA issues and response to find a resolution between the jurisdictions, client, consultant, and community concerns.

Senior Planner / Town of Apple Valley / 2007 - 2016
Douglas represented Planning for the Economic Development Departments, ICSC, and NAIOP trade shows, site selection field trips with developers and real estate brokers, reviewed marketing branding materials for accurate data information content, and on panels to review and help select marketing contractors. He was the lead planner of a 180-thousand +/- square foot, upscale multi-use commercial/retail/medical office showcase center (The Fountains). He was also the Project Planner of the Wal-Mart Supercenter shopping center where he reviewed/commented on the EIR, prepared staff reports, and presented the project to the Commission and Council.

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City of Desert Hot Springs | On-Call Environmental and Planning Services | Category 4: Staff Augmentation Planning Services

6. | References
We believe that client satisfaction and repeat business with clients are the best indicators of our firm’s success. We encourage you to contact the references below to provide testimony of our capability to perform the requested services, adhere to schedules and budgets, and exceed expectations.

Client Client Contact Contact Information
Town of Apple Valley Daniel Alcayaga, AICP
Planning Manager 760.240.7000 x7205 | [email protected] 14955 Dale Evans Pkwy, Apple Valley, CA 92307
City of Palmdale Megan Taggart, Deputy Director of
Economic and Community Development 661.267.5100 | [email protected] 38250 Sierra Highway
Palmdale, CA 93550
Orange County COG Marnie O. Primmer
Executive Director
949.698.2856 | [email protected]
3972 Barranca Pkwy., Ste. J127
Irvine, CA 92606
“Interwest has been a great firm to work with here in San Juan Capistrano. All Interwest staff have been incredibly professional, reliable, and generally take pride in the service they provide the City. This shows in their work product.” – Thomas Toman, Assistant Pubic Work Director
City of San Juan Capistrano, CA

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City of Desert Hot Springs | On-Call Environmental and Planning Services | Category 4: Staff Augmentation Planning Services
Interwest Hourly Bill Rates
Beginning on the 1st anniversary of the Effective Date of the Agreement and annually thereafter, the hourly rates listed below shall be automatically increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the “CPI”). Such an increase shall not exceed 4% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged.

Classification Hourly Billing Rate
Planning Services
Associate Planner .................................................................................................................................... $135 Assistant Planner.......................................................................................................................................$110 Planning Technician...................................................................................................................................$ 90 Mileage. All mileage is included in the hourly rate.

7. | Cost Schedule

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Requested Contract
Modifications

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THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. A-2
City of Desert Hot Springs | On-Call Environmental and Planning Services | Category 4: Staff Augmentation Planning Services
Appendix A. | Requested Contract Modifications
The Interwest Contract and Legal team have carefully reviewed the City standard contract terms and insurance levels attached to the RFP and we respectfully request the following modifications to the agreement.; blue text represents text to be added and deleted text is represented by red strike-out.

9. LEGAL INFORMATION

2. The Consultant shall defend, indemnify, and hold the City of Desert Hot Springs, its officers, agents, volunteers, and employees free and harmless from any and all third party causes of action or claims of damages arising out of or related to the Consultant’s performance under this contract, all to the extent arising from the negligent or intentionally wrongful acts or omissions of Consultant or of any entity or individual that Consultant shall bear the legal liability thereof.

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. Contractor shall have no liability arising from the use of any documents or materials for any purpose or on any project other than that for which it was produced. For the avoidance of doubt, nothing in this Agreement shall be understood to grant City rights to pre-existing intellectual property of Contractor, including Contractor software and licensed software, or to any improvements thereto.

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 third party claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs, expenses and attorneys’ fees in connection therewith), to the extent arising out of the negligent or intentionally wrongful acts or omissions of Contractor or or any entity or individual that Contractor shall bear the legal liability thereof in the performance of this Agreement, except for any such claim arising out of the sole or active negligence, recklessness, or willful misconduct of the City, its officials, agents, employees or volunteers. Notwithstanding any provision of law to the contrary, Contractor shall have the right to defend and settle any action for which indemnification is sought, provided that it shall not enter into any settlement that requires an admission of wrongdoing by any indemnitee without that indemnitee’s approval. Contractor’s obligations under this Agreement are contingent upon timely receipt of notice of the claim for which indemnification is sought, such that defense of the claim is not prejudiced, and the reasonable assistance of the indemnitee in connection with the defense of the claim.”
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.

Notwithstanding the preceding, Contractor shall have no liability under this section to the extent that the acts or omissions leading to the determination that a Contractor employee was eligible for enrollment in PERS were taken at the direction of City.

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City of Desert Hot Springs | On-Call Environmental and Planning Services | Category 4: Staff Augmentation Planning Services
b. Endorsements.
(2) “Except with respect to Workers’ Compensation coverage, 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.

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SR-25-015
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: January 21, 2025
Department: City Manager
Prepared by: Daniel Porras, Assistant City Manager
Subject: Approve Professional Services Agreement with Exhibit B State and Federal Requirements for Engineering Design of HSIP Cycle 11 - Citywide Pedestrian Safety Project, City Project No. 3027 Cycle 11 - Citywide Pedestrian Safety Project, City Project No. 3027.

RECOMMENDATION:

1. Authorize the City Manager to cancel the original Professional Services Agreement between the City of Desert Hot Springs and Minagar and Associates; and

2. Approve the Professional Services Agreement between the City of Desert Hot Springs and Minagar and Associates to include Exhibit B – State and Federal Requirement and: 3. Authorize the City Manager to execute the Professional Services Agreement with Exhibit B, for Engineering Design for HSIP Cycle 11 – Citywide Pedestrian Safety Project, City Project No. 3027 with Minagar and Associates, Inc. in the amount not to exceed $62,373.00 with a contingency of $6,237.30 (10%) for any additional work as approved by the City, which brings a total budget of $68,610.30.

BACKGROUND:

Each year the California Department of Transportation (Caltrans) accepts applications for grant funding for the Highway Safety Improvement Program (HSIP). This program is a grant program that provides funding for construction of street and traffic related improvement projects, that improve safety and reduce fatalities and serious injuries.

On June 28, 2023, the City applied for HSIP Cycle - 11 Pedestrian Safety Improvements Project. This project includes the following items: installation of retroreflective signal back-plates to 17 signalized intersections, installation of high visibility thermoplastic crosswalks to 8 signalized intersections, and installation of signal phasing to implement Leading Pedestrian Interval system to 17 intersections.

On April 16, 2024, City Council awarded the Professional Services Agreement for Engineering Design for HSIP Cycle 11 – Citywide Pedestrian Safety Project, City Project No. 3027 to Minagar and Associates, Inc. in the amount not to exceed $62,373.00 with a contingency of $6,237.30 (10%).

DISCUSSION:

Staff submitted all post-award documents to the State for review and approval, and the State required language to be added to the Professional Services Agreement that related specific to the State and Federal grant funding for the Highway Safety Improvement Program (HSIP).

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SR-25-015
Staff drafted an Exhibit to the Professional Services Agreement that includes all of the specific State and Federal requirements that were required by the State for the Highway Safety Improvement Program (HSIP).

Attached you will find the Professional Services Agreement with Exhibit B – State and Federal Requirements.

FISCAL IMPACT:

No fiscal impact
ATTACHMENTS:

Exhibit 1 - Professional Services Agreement - Minagar - HSIP Cycle 11 Exhibit A - Scope of Work - Proposal - Minagar - HSIP Cycle 11 Exhibit B - State and Federal Requirements

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PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND
MINAGAR & ASSOCIATES, INC.

This Professional Services Agreement (“Agreement”) is made and entered into this 21st day of January, 2025, 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 Minagar & Associates, Inc., a corporation, 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 engineering design services for the HSIP Cycle 11-Citywide Pedestrian Safety Projected (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 asdirected 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

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contracts) are provided on an “as is, 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 remain in force and effect until completion of the project, in accordance with Section 7 of this Agreement, subject to the 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, an amount not to exceed Sixty Two Thousand Three Hundred Seventy Three Dollars and Zero Cents ($62,373.00)
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:

Viviana Gonzalez-Osorio, Management Analyst
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 288-3129
E-Mail: [email protected]
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

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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.

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.

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 Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the City.

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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 Contractor have any authority, express or implied, to bind the City to any obligation whatsoever.

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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.
(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.

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(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.

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 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

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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
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.

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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 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 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

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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.

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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 sub-contractors, 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.
(2) This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any

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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.

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.
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,

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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.

To the City: Nicholas Haecker, Public Works Director
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
E-Mail: [email protected]
To Contractor: Fred Minagar, Principal
Minagar & Associates, Inc.
23282 Mill Creek Drive, Suite 120
Laguna Hills, CA 92653
Telephone: (949) 707-1199 x2#
E-Mail: [email protected]
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

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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 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 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.

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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 27. VENUE

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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 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); 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

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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. Fred Minagar, 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. Nicholas Haecker, 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 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.
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.

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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

Section 43. SUCCESSORS AND ASSIGNS

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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 Consultabnt shall survive any such termination.

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
_____________________________
Nicholas Haecker, Public Works
Director
_____________________________
Frank Luckino, City Manager
ATTEST:
_____________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
_____________________________
Tuan-Anh Vu, City Attorney
MINIGAR & ASSOCIATES, INC.
_____________________________
Fred Minagar, Principal
N:\DHSO\0001-01 General\Doc\6051

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EXHIBIT “A”

SCOPE OF SERVICES

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Desert Hot Springs City CouncilJanuary 21, 2025

Desert Hot Springs City Council
January 21, 2025