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I declare that all statements containedin this form and any accompanying documents are true and correct and made with full knowledge that all statements given are subject to investigation and that any false or dishonest answer to any question maybe grounds for denial or revocation of funding or otherpenalties as prescribedunder 18 US. Code § 1001‘ YESHU PUR‘ USACONSTRUCTIONLLC
Name of P esid nt or Authorized Officer Company Name
a;4:g:5: ,_PROJECTMANAGER 11/26/2024
Signa I e Date
EXHIBIT 13-8
Required Bid Form
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ICII)UI(I
sou-rue“
BIDDER CERTIFICATION ON
FEDERAL CONTRACT RE UIREMENTS
Project Name: John H.Furbee AquaticCenter Improvements Bid/Solicitation #: 2013 CERTIFICATION:
I hereby certify that I have reviewed and understand the diversified Federal construction contract-related requirements imposed on the Contractor(s) of HUD—funded construction projects, including but not limited to the following:
1. The subject project is being financed with Community Development Block Grant funds (24 CFR Part570); and
2. This project and all related construction contracts are subject to the U.S. Department of Housing and Urban Development’s Federal Labor Standards Provisions (HUD 4010 — revised 10/2023); and
3. This project is subject to all applicable laws and regulations as listed in the General Summary of these Special Federal Provisions; and
4. If my bid is $200,000 or more, this project and all related contracts will be subject to Section 3 requirements (12 U.S.C.1701u); and
5. Ifthe project is $250,000 or more, this project and all related contracts will be subject to comply with the requirements of the Build America, Buy America (BABA) Act (41 USC 8301).
CONTRACTOR’S NAME: USA CONSTRUCTIONLLC
CONTRACTOR’SLICENSEN ~ 1015575 C53
1595 PEACHTREE PKWYSUITE 204—344CUMMING,GA 30041
ADDRESS'
AUTHORIZED REPRESENTATIVEw—(Print Name)
SIGNATURE: @4—
DATE: 11/26/2024
sownom ' ° Required Bld Form
QUESTIONNAIREREGARDINGBIDDERS
Bidder has been engaged in the contracting business under the present name of USACONSTRUCTIONLLC ,Smce 2014 (Date).
Present business address is: 1595 PEACHTREEPKWYSUITE204-344,CUMMING,GA30041 Federal Tax ID: 833599409 Amount of Bid $ 1.058.680
California Contractor's License No.: 1015575 Expiration Date:
6/30/2026
UEI Number: or CAGE Code:
Because this project is Federallyfunded, it is necessary to obtain information concerning minority and other group participation for statistical purposes. The US. Department of Housing and Urban Development (HUD) uses this information to determine the degree to which its programs are being utilized by minority business enterprises and targeted group contractors.
A minority enterprise is defined by the Federal Government as a business that is fifty-one percent (51%) or more “minority-owned”. Please check the applicable box concerning the ownership of your business:
American Indian or Native Alaskan
Asian or Pacific Islander/Native Hawaiian
Black/African American
Hispanic
White
Hasidic Jews
Other
A woman-owned enterprise is defined by the Federal Government as a business that is fifty-one percent (51%) or more woman-owned. Please check applicable box concerning the ownership of your business:
[I] Woman/Female owned D/Male owned
A Section 3 Contractor or Subcontractor is a business concern that is more than fifty-one percent (51%) owned by a low or very low-income person, or over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers. Please check the applicable box concerning the ownership of your business:
II! Section 3 Business concern Mon-Section 3 Business concern The United States Department of Housing and Urban Development (HUD) is authorized to solicit the information requested in this form by virtue of Title 12, United States Code, Section 1701 et seq., and other regulations. It will not be disclosed or released outside of HUD without your consent, except as required or permitted by law.
EXHIBIT B-10
Required Bid Form
LISTOF SUBCONTRACTORS
SUBCONTRACTOR FED.I.D.# AMOUNT ADDRESS/PHONENO.
NON-IDENTIFIEDATTHISTIME
SUPPLIERS
NAMEOF SUPPLIER ADDRESS/PHONENO. CONTRACTAMOUNT
NON-IDENTIFIEDAT THISTIME
If the project is $250, 000 or more, this project and all related contracts willbe subject to comply with the requirements of the Build America, Buy America (BABA) Act (41 USC8301).
This form is to be completed and submitted with the bid package.
23311 E. La Palma Ave. | Yorba Linda, CA 92887 | 949.528.0900 | californiawaters.com | CA Lic#958960 December 13, 2024
Attachments: USA Construction Bid Package
cc via email: USA Construction, LLC
Abigail Cortes, [email protected]
Alison Abbott, [email protected]
RE: Bid Protest: John H. Furbee Aquatic Center Improvements City of Desert Hot Springs
City Project #2013
To: City of Desert Hot Springs
Jerryl Soriano, CMC, City Clerk
11999 Palm Drive
Desert Hot Springs, CA 92240
[email protected]
This letter is sent on behalf of California Waters Development, Inc. (located at 23311 E. La Palma Ave., Yorba Linda, CA 92887 Telephone: 949-528-0900 Contact: Mark Pitman: x101) and is to protest against an award of contract to USA Construction, LLC for the John H. Furbee Aquatic Center Improvements Project: City Project #2013 with a bid date of December 5, 2024.
Overall documents referenced are the City of Desert Hot Springs Notice Inviting Bids and the City of Desert Hot Springs Contract Documents Specifications and Construction Plans for John H. Furbee Aquatic Center Improvements City Project #2013 dated 11.13,2024. Also referenced are the USA Construction Bid Package submitted for the bid.
Individual sections of above referenced documents will be referenced and listed in each section below.
The USA Construction, LLC’s bid should be deemed non-responsive for the following reasons:
Based upon USA Construction’s Bid submission pack:
1) USA Construction LLC, the entity submitting the bid package, does not hold a California Contractor’s license. The license listed on pages 67 and 68 of their bid package is for USA Pools of California, not USA Construction LLC.
2) Neither of the entities: USA Construction LLC or USA Pools of California holds a Class A or Class B License – a requirement per Addendum 1
a.
These lack of requirements should render USA Construction LLC’s bid as non-responsive.
3) The project references provided by USA Construction, LLC do not meet the requirements regarding performing similar work for three public agencies within the past two years.
REFERENCES: PAGE 15
The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two years.
The bid requirement is to provide a minimum of three references from public agencies for which BIDDER has performed similar work within the past two years. a. USA Construction’s References are listed on page 52 of their bid submission document with a listing of page 15 within the actual document. USA Construction’s bid is for $1,058,680. The cost of a project provides a good indication of the complexity and scope of the project and can be used as a comparison to determine if the company has performed similar work within the past two years. None of the provided project references come close to a project size over $1M – the projects cited range from a high of $650,000 to a low of $180,000. These references are not indicators that USA Construction has performed similar work for a project estimated at over $1 million.
The City of Laurel project is 17% of the John Furbee project. b. Another example that the reference do not indicate that USA Construction has performed similar work: Three of the four references listed are projects constructed outside of California. Although there isn’t a state listed for Laurel, the area code of the reference listed is in Mississippi. California has the strictest Pool Building Code and Health Code requirements in the United States. The projects that USA Construction built in Atlanta, GA, Queens, NY and Laurel, Mississippi would not have had the same stringent pool code and health department requirements as pools built in the State of California.
c. The Reference requirement is for public agency references. Normally unless a City is extremely small, the employees that work for the City utilize City authorized email accounts. None of the references provided by USA Construction LLC are for City/public agency emails. They are all generic email addresses.
• City of Atlanta: [email protected] Emails for employees of the City of Atlanta end in @atlantaga.gov
• NY Queens: [email protected] Emails for employees of the New York City Department of Buildings end in @buildings.nyc.gov • City of Laurel [email protected] Emails for the City of Laurel, MS end in @laurelms.com
Even if all of these projects were performed through a GC, it’s odd that none of the provided emails are for actual companies.
Based upon their inability to provide a list of three similar public agency projects that they have constructed, it is clear that they do not meet the requirements of the Reference Requirement.
USA Construction LLC’s bid should be deemed non-responsive as they did not provide public agency references that meet the bid requirements.
4) “Bid Proposal Form – Revised” is not properly filled out: “if bidder is a corporation must state legal name also names of president, secretary, treasurer, and manager thereof.” a. USA Construction did not provide the legal name or list any officers from the list noted on the bid document form. See section from bidders form below
5) “Bidders Proposal” form is not properly filled out: “if bidder is a corporation must state legal name also names of president, secretary, treasurer, and manager thereof.” b. USA Construction LLC did not provide the legal name or list any officers from the list noted on the bid document form. See section from bidders form below. 6) Signatures on the bid form are not those of corporate officers as listed on the bid. c. Special instructions Page 3 under the section Signatures states:
There is no letter of authority provided with bidders documentation stating signatory is duly authorized to sign the bid proposal on behalf of the bidder. 7) USA Construction LLC included in their submitted bid a conditional proposal and additional submitted qualifications to their bid. (Exhibit A)
d. Special instructions to bidders page 3 under the section Modifications state:
The inclusion of this conditional proposal and additional information violates the Special Instructions as noted above.
Based upon all of the facts and information presented herein, California Waters contends that USA Construction, LLC is not a responsive bidder and their bid should be rejected.
Please feel free to call me with any questions you may have or send correspondence to:
[email protected]
Sincerely,
Mark Pitman
President | California Waters
o:949.528.0900 x101 | m:323-353-5110
23111 E. La Palma Ave. | Yorba Linda, CA 92887
1595 Peachtree Parkway Email: [email protected] Web: www.usamanagement.com Cumming, GA 30041 Phone: 877-248-1872
1/9/2025
Dear Sir,
Please see responses to bid protest.
1) USA Construction is legal name, USA Pools of California is DBA for California. 2) California contractor license is a C-53, which is compliant per addendum. 3) References and previous work were provided in the total bid package. 4) These details are listed on page 11.
5) Same point as #4.
6) All sales team members have the authority to sign RFP documents on behalf of our company. From what I can see all areas are properly signed.
7) Companies have the right to provide company information. No modifications have been made or requested to the RFP submission. City and Contractor have the right to negotiate once an award is made.
From: Alison Abbott
To: Daniel Porras
Cc: [email protected]; Nicholas Haecker
Subject: Re: John H Furbee Aquatic Center - Bid Proposal and Award Date: Wednesday, December 18, 2024 12:35:25 PM
Attachments: image001.png
CAUTION: This email originated from outside of our organization. Do not click on links or open attachments unless you recognize the sender and know that the content is safe. Thank you.
Mr. Porras,
Can you send me bid tabs while I am completing this response? I meant to ask you over phone and completely forgot.
---
Thank you,
Alison Abbott
877-248-1872
USA Pools | USA Management
-------- Original Message --------
Subject:John H Furbee Aquatic Center - Bid Proposal and Award Date:2024-12-17 18:25
From:Daniel Porras <[email protected]>
To:"[email protected]" <[email protected]>
Yeshu,
Congratulations, on December 12, 2024, the City Council awarded the construction agreement to USA Construction as the lowest responsible bidder for a total amount of
$1,064,680.00.
Riverside County Staff is reviewing the forms that were submitted to confirm all forms meet Community Development Block Grant (CDBG) Requirements. As soon as they complete their review we will send you any comments.
The City also received one bid protest from the second lowest bidder California Waters, Bid Protest letter attached. We will need you to review the bid protest letter and provide a formal response to each item that is presented in the bid protest. After we receive the response letter from you, the City will review and provide a final decision.
Please review this information closely and send me any questions you may have.
Thank You
JUD-100
ATTORNEYOR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY __TheodoreK. Stream, SBN: 138160 / Mario H. Alfaro, SBN: 246420
STREAM KIMHICKS WRAGE &ALFARO, PC
3403 Tenth Street, Suite 700
Riverside, CA 92501
TELEPHONE NC: 951-783-9470 FAXNO. (Optional):951 -783-9475 E‘MAILADDRESS (Optional): [email protected]
ATTORNEYFORrName): Plaintiff, CITY OF DESERT HOT SPRINGS SUPERIOR COURT OF CALIFORNIA, COUNTY OF Riverside
STREET ADDRESS: 3255 E. Tahquitz Canyon Way MAILINGADDRESS: 3255 E. Tahquitz Canyon Way cITYANDZIF CODE: Palm Springs, 92262
BRANCHNAME: Riverside County Superior Court - Palm Springs PLAINTIFF:CITY OF DESERT HOT SPRINGS
DEFENDANT: USA MANAGEMENT, LLC, et al.
JUDGMENT CASE NUMBER: By Clerk X By Default After Court Trial PSC‘] 900939 X By Court On Stipulation Defendant Did Not
Appear at Trial
JUDGMENT
1. : BY DEFAULT
a. Defendant was properly served with a copy of the summons and complaint. b. Defendant failed to answer the complaint or appear and defend the action within the time allowed by law. c. Defendant‘s default was entered by the clerk upon plaintiff's application. d Clerk's Judgment (Code Civ. Proc., § 585(a))‘ Defendant was sued only on a contract or judgment of a court of this state for the recovery of money.
e. Court Judgment (Code Civ. Proc., § 585(b)). The court considered (1) plaintiff‘s testimony and other evidence.
(2) Z plaintiff‘s written declaration (Code Civ‘ Proc., § 585(d)).
2. ON STIPULATION
a. Plaintiff and defendant agreed (stipulated) that a judgment be entered in this case. The court approved the stipulated judgment and
b. the signed written stipulation was ?led in the case. the stipulation was stated in open court the stipulation was stated on the record.
3. AFTER COURT TRIAL. The jury was waived. The court considered the evidence. at The case was tried on (date and time):
before (name ofjudicial of?cer):
be Appearances by:
Plaintiff(name each): Plaintiff'sattorney (name each):
(1) (1)
(2) (2)
Continued on Attachment 3b.
Defendant (name each): Defendant's attorney (name each):
(1) (1)
(2) (2)
Continued on Attachment 3b.
c. Defendant did not appear at trial. Defendant was properly served with notice of trial. (I. A statement of decision (Code Civ. Proc., § 632) was not was requested.
FormApproved for Optional Use JUDGMENT Code of CivilProcedure, §§ 585.664.6 Judicial Council of California
JUD-1OO[New January 1. 2002]
'__ PLAINTIFF:CITY OF DESERT HOT SPRINGS CASE NUMBER:
PSCi 900939
DEFENDANT:USA MANAGEMENT, LLC, et al.
JUDGMENT IS ENTEREDAS FOLLOWS BY: THE COURT THE CLERK
4. Stipulated Judgment. Judgment is entered according to the stipulation of the parties.
5. Parties. Judgment is
a. for plaintiff (name each): CITY OF DESERT HOT c. for cross-complainant (name each):
SPRINGS, a municipal corporation.
and against defendant (names): USA MANAGEMENT, and against cross-defendant (name each):
LLC, a Nevada limited liabilitycompany.
IX Continued on Attachment 5a. Continued on Attachment SC.
I). for defendant (name each): d. for cross—defendant (name each):
6. Amount.
a. Defendam named in item 5a above must Cross-defendant named in item 5c above must pay pay plaintiff on the complaint: cross-complainant on the cross-complaint:
(1) X Damages $ 37,499.00 (1) Damages $
(2) E Prejudgment (2) Prejudgment
interest at the $ 3,174.57 interest at the 35
annual rate of 10 % annual rate of %
(3) El Attorney fees $ 2,524.98 (3) Attorney fees 51;
(4) X] Costs 33 5,831.70 (4) Com :5
(5) Other (specify): 51% (5) Other (specify): 35
(6) TOTAL $ 49,030.25 (5) TOTAL $ 0.00
b. Plaintiff to receive nothing from defendant Cross-complainant to receive nothing from named in item 5b. cross-defendant named in item 5d.
Defendant named in item 5b to recover Cross—defendant named in item 5d to recover costs 3% costs $
and attorney fees $ and attorney fees 5
7. Other (specify):
Date:
JUDICIAL OFFICER
Date: Clerk, by , Deputy
(SEAL) CLERK'S CERTIFICATE (Optional)
I certify that this is a true copy of the original judgment on ?le in the court.
Date:
Clerk, by , Deputy
JUD-100 [NewJanuary 1.2002] JUDGMENT
Attachment Sa.
TROYAVERY,an individual also known as ANTHONYTROY LEGG; JOHN WILLIAMS,an individual;
ALISONABBOTI‘,an individual;
MORRIS BARKLEY,an individual;
JOHANNA SVEDEN,an individual;
USA POOLSOF CALIFORNIA,an unincorporated association.
STREAM KIM
3403 TENTHSTREET,
SUITE700 RIVERSIDE,CA 92501
(951) 7833470
Re:
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF RIVERSIDE
City ofDesert Hot Springs v. USAManagement, LLC, et al.
Riverside Superior Court Case No.: PSC1900939
I am employed in the County of Riverside, State of California. I am over the age of 18 years and not a party to the within action; my business address is: 3403 Tenth Street, Suite 700, Riverside, CA 92501—3641. On December 11, 2019, I served copies of the within documents described as [PROPOSED] JUDGMENT on the interested parties in this action in a sealed envelope addressed as follows:
X
See attached Service List
BY MAIL - I am “readily familiar” with the firm’s practice of collecting and processing correspondence for mailing. Under that practice, it would be deposited with the United States Postal Service on the same day in the ordinary course of business, with postage thereon fully prepaid at Riverside, California. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in af?davit.
BY CM/ECF SYSTEM — I hereby certify that I electronically transmitted the attached document to the Clerk’s Of?ce using the CM/ECF System for ?ling and transmittal of a Notice of Electronic Filing to the ECF registrants listed on the attached Service List.
BY PERSONAL SERVICE - I caused such envelope to be delivered by hand to the of?ces of the addressee pursuant to C.C.P. § 1011.
BY EXPRESS MAIL/OVERNIGHT DELIVERY — I caused such envelope to be delivered by hand to the of?ce of the addressee via overnight delivery pursuant to C.C.P. § 1013(c), with delivery fees fully prepaid or provided for.
BY FACSIMILE — I caused such document to be delivered to the office of the addressee via facsimile machine pursuant to C.C.P. § 1013(e). Said document was transmitted to the facsimile number of the of?ce of the addressee from the of?ce of Stream Kim Hicks Wrage & Alfaro, PC, in Riverside, California, on the date set forth above. The facsimile machine I used complied with California Rules ofCourt, Rule 2003(3) and no error was reported by the machine. Pursuant to California Rules ofCourt, Rule 2009(i), I caused the machine to print a record of the transmittal, a copy of which is attached to this declaration.
BY ELECTRONIC/EMAIL — I caused such document to be delivered to the of?ce of the addressee via electronic e—mailpursuant to C.C.P. §1013(a). Said document was transmitted to the email address of that of?ce which is listed on the above Service List. Said document was served electronically and the transmission was reported as complete and without error.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on December II, 2019, at Riverside, California.
Cha?desBenjai ‘
l
PROOF OF SERVICE
STREAM KIM
3403 TENTHSTRElzT,
SUITE700 RIVEIEIDE,CA 92501
(951)733-9470
Re: City ofDesert Hot Springs v. USAManagement, LLC, et al.
SERVICE LIST
Riverside Superior Court Case No.: PSC1900939
USA Management, LLC
10800 Alpharetta Hwy.
Roswell, GA 30076
USA Pools of California
10800 Alpharetta Hwy.
Roswell, GA 30076
John Williams
5017 Chapel Xing.
Douglasville, GA 30135
Troy Avery
Aka Troy Anthony Legg
5910 Stoneleigh Dr.
Suwanee, GA 30024
Johanna Sveden
811 First Ave.
Chula Vista, CA 91911
Morris Barkley
405 Birch Rill Dr.
Alpharetta, GA 30022
Alison Abbott
2668 Royal Oak Ct.
Acworth, GA 30102
2 PROOF OF SERVICE
2 COMPLAINT
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GUSTAVO
LAMANNA
2. Defendants USA MANAGEMENT, LLC, a Nevada limited liability company, TROY AVERY, an individual also known as ANTHONY TROY LEGG, JOHN WILLIAMS, an individual, ALISON ABBOTT, an individual, MORRIS BARKLEY, an individual, KATIE BRASELTON, an individual, JOHANNA SVEDEN, an individual, and USA POOLS OF CALIFORNIA, an unincorporated association (collectively “Defendants”) were listed in a response to the RFP.
Defendants’ response also listed the City of Columbus as a municipal pool client of Defendants. A true copy of the response to the request for proposals (“Defendants’ Response”) is attached as Exhibit B.
3. Approval-consideration for Defendants’ Response was presented at the May 1, 2018 Desert Hot Springs City Council meeting at Desert Hot Springs City Council Chambers. The meeting is memorialized in a publicly available recording and the City Councils consideration of Defendants’ Response begins approximately 1 hour and 45 minutes from the commencement of the City Council meeting and continues for about 32 minutes, ending at about 2 hours and 17 minutes from commencement of said meeting.
1 4. The City reviewed its streaming video of the May 1, 2018 City Council meeting and discovered it was deceived, duped, and fooled.
5. The written misrepresentations in Defendants’ Response were not false due to a failure to properly interlineate, nor were the oral misrepresentations of Defendant Morris Barkley part of a gaffe made during the May 1, 2018 City Council meeting. These were fraus dans locum contractui.2
1 The recording of the May 1, 2018 public meeting appears at the following hyperlink:
http://199.87.185.104/sirepub/mtgviewer.aspx?meetid=1014&doctype=AGENDA 2 The misrepresentation or concealment of some fact that is material to the contract, and had the truth regarding which been known the contract would not have been made as made, is called a “fraud dans locum contractui;” i.e., a fraud occasioning the contract, or giving place or occasion for the contract.
Black’s Law Dictionary (Revised Fourth Edition) West Publishing Co., St. Paul, Minn. 1968, p. 790.
3 COMPLAINT
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GUSTAVO
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6. Upon reviewing their actions en masse, the City ascertained Defendants conspired to defraud and deceive the City from the outset. The Defendants’ web of lies began in their response, many of which they reiterated at the public meeting and continued to espouse after the contract was awarded to them. The lies included, but were not limited to:
(a) Defendants’ Response listing the City of Columbus as a client, which was revealed as untrue at the May 1, 2018 City Council meeting; (b) Defendants’ qualifications, as they presented at the May 1, 2018 City Council meeting were contradicted by various news sources, Internet postings, and Yelp reviews which reported that Defendants violated, among other things, wage and hour laws.
Defendant Morris Barkley represented at a public meeting that all funds requested from the City would be used by Defendants to hire and timely pay lifeguards and employees; however, as later revealed, following Defendants receipt of payment from the City, Defendants did not pay earned wages in a timely manner in violation of applicable wage and hour laws; and
(c) Defendants’ Response and subsequent billing dispatched to the City demonstrate the knowing presentment of a request for a $37,499 payment from the City to USA Management LLC and upon execution and following the payment of $37,499 by the City, Defendants, and each of them, including but not limited to, USA Management LLC, did not perform as promised, contradicting, Defendants’ Response, and representations made by Defendant Morris Barkley at a public meeting.
7. The fraud was not fully ascertained following that public meeting; the City relied upon Defendant Morris Barkley’s presentation which attempted to cure their writings. Consistent with Defendants’ Response and public presentation by Defendant Morris Barkley, the parties entered into a Nonexclusive License Agreement and Professional Services Agreement by and between the City and USA Management, LLC dated as of May 15, 2018 (the “Agreement”). A true copy of the Agreement is attached as Exhibit C.
4 COMPLAINT
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GUSTAVO
LAMANNA
8. Defendants presented Invoice No. 2517 dated May 15, 2018 to the City requesting that the City pay Defendants $37,499 (“Claim”). A true copy of the Claim is attached as Exhibit D.
9. Thereafter, pursuant to the Agreement and Claim, the City paid USA Management LLC $37,499 by Check No. 30044 dated May 17, 2018 (“Payment”). A true copy of the Payment is attached as Exhibit E.
10. Defendants cashed the Payment on or about May 22, 2018, as shown as the posting date on Exhibit E.
11. The fraud was revealed after the Payment was cashed by Defendants which extremely compromised the management of the Furbee Aquatic Center which jeopardized the health and safety of members of the public, which consisted largely of children and seniors, who frequented the pool facilities during the height of an unusually hot summer.
12. Contrary to the Defendants’ Response, public representations made by Defendant Morris Barkley, and the Claim, Defendants, among other things:
(a) did not maintain sufficient certified lifeguards at the Furbee Aquatics Center, in violation of section 6(a) of the Agreement;
(b) did not uphold the expected utmost professionalism at the City’s bulletin board at the entrance of the Furbee Aquatic Center, in violation of section 5.B.3. of the Agreement;
(c) did not provide the required certification for all lifeguards, in violation of section 5.B.4. of the Agreement;
(d) did not track pool users, which among other things, represents mismanagement of public funds, in violation of section 5.B.5.a. of the Agreement; (e) did not act with the requisite level of professionalism nor possess much familiarity with pool management, as lifeguards were not supervised, lifeguards were not paid, and lifeguards were treated as independent contractors, instead of employees, in violation of section 19 of the Agreement, and
5 COMPLAINT
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LAMANNA
(f) did not otherwise conform, perform, and abide by the Agreement and Claim, causing the intangible damage to the City, residents and taxpayers of Desert Hot Springs, and those contracted or hired by Defendants, in addition to abandoning the Furbee Aquatic Center in derogation of their duties and responsibilities as set forth in the RFP, the Agreement and their representations made at the May 1, 2018 City Council meeting.
13. Defendants promised to cure the aforementioned deficiencies and perform as required in the same fashion as Defendant Morris Barkley promised at the May 1, 2018 City Council meeting, but their promises proved to be empty since they ended up failing to cure any of the aforementioned deficiencies and perform as required by the RFP, the Agreement and their representations made at the May 1, 2018 City Council meeting.
14. Thereafter, the City terminated the Agreement on or about the date of the second payment installment to prevent Defendants from furthering their fraud.
15. Defendants absconded with $37,499 of public funds and forced the City to manage the Furbee Aquatic Center and file this lawsuit.
PARTIES
16. Plaintiff City of Desert Hot Springs is a charter city duly organized under the laws of the State of California and existing under its charter, located in Riverside County, California.
17. Plaintiff is informed and believes that Defendant USA Management, LLC is a Nevada limited liability company qualified to do business in California with post office boxes in San Francisco and Los Angeles with a registered agent for service of process identified as Mike Price, 28014 Liana Avenue, Valencia, CA 91354.
18. Plaintiff is informed and believes that Defendant Troy Avery is an individual who also goes by Anthony Troy Legg, with his principal residence at 6335 Rutherford Place, in the City of Suwanee, State of Georgia, and that he is the president of USA Management LLC and USA Pools of California, an unincorporated association as well as about 30 other entities registered as his employers as well as multiple liens, including a federal tax lien for small business, which remains active through 2023.
6 COMPLAINT
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19. Plaintiff is informed and believes that Defendant John Williams is an individual, with his principal residence in the City of Roswell, State of Georgia, and that he is the vice president of corporate operations of USA Management LLC and USA Pools of California, an unincorporated association.
20. Plaintiff is informed and believes that Defendant Alison Abbott is an individual, with her principal residence in the City of Roswell, State of Georgia, and that she is the national sales manager of USA Management LLC and USA Pools of California, an unincorporated association.
21. Plaintiff is informed and believes that Defendant Morris Barkley is an individual, with his principal residence in the City of Roswell, State of Georgia, and that he is the IT manager of USA Management LLC and USA Pools of California, an unincorporated association.
22. Plaintiff is informed and believes that Defendant Katie Braselton is an individual, with her principal residence in the City of Canton, State of Georgia, as well as part of the Armed Forces abroad, and that she is the client relations manager of USA Management LLC and USA Pools of California, an unincorporated association.
23. Plaintiff is informed and believes that Defendant Johanna Sveden is an individual, with her principal residence in El Paso County, at the US Air Force Academy as well as in Crystal Lake, Illinois, and that she is the new client start-up of USA Management LLC and USA Pools of California, an unincorporated association.
24. The true names and capacities of those persons or entities sued herein as Does 1 through 100 are presently unknown to Plaintiff, but when such identities become known, this Complaint will be amended to reflect them.
25. The City is informed and believes and thereon alleges that each of aforesaid defendants was/is the agent or employee of each of the remaining defendants and in doing the acts or omissions herein alleged, each was acting within the course and scope of said agency and/or employment.
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FIRST CAUSE OF ACTION
VIOLATION OF CALIFORNIA FALSE CLAIMS ACT FOR PRESENTMENT AND CONSPIRACY [§§12651(a)(1), 12651(a)(3)]
(Against All Defendants)
26. The City hereby incorporates all of the above paragraphs.
27. Defendants knowingly presented, caused to be presented, a false and fraudulent claim for payment or approval by the City; in addition, the Defendants, jointly and severally, conspired to commit a violation under the California False Claims Act, including, but not limited to, Government Code sections 12651(a)(1), 12651(a)(3).
28. Defendants’ Response, words of Defendant Morris Barkley, and actions following execution of the Agreement, including presentment of the Claim to and Payment by the City, demonstrate Defendants violated Government Code section 12651, subjecting Defendants to treble damages, costs, and civil penalties.
29. Defendants and each of them acting in concert and as part of a conspiracy, knowingly entered into the Agreement, presented the Claim, and caused to be presented false and fraudulent claims to the City, and knowingly failed to disclose material facts, in order to obtain payment and approval from the City.
30. The City, unaware at that time of the entire falsity of Defendants’ Response, words of Defendant Morris Barkley, representations in the Agreement, and presentment of the Claim, submitted by the Defendants, issued the Payment that otherwise would not have been paid—had the City ascertained the true intent of Defendants to deceive and defraud the City. By reason of the Payment and as a result of the Defendants’ fraud, the City suffered at least $100,000 in damages and continues to be damaged.
SECOND CAUSE OF ACTION
MAKING FALSE RECORDS AND STATEMENTS [§12651(a)(2)]
(Against All Defendants)
31. The City hereby incorporates all of the above paragraphs.
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32. Defendants’ Response, words of Defendant Morris Barkley, and actions following execution of the Agreement, presentment of the Claim, and Payment by the City, Defendants made, used, or caused to be made or used false records and statements material to a false or fraudulent claim in violation of Government Code section 12651(a)(2), subjecting Defendants to treble damages, costs, and civil penalties.
33. Defendants and each of them acting in concert and as part of a conspiracy, knowingly made, used, or caused to be made or used the false records and statements contained in the Agreement and the Claim, in order to obtain the Payment from the City.
34. The City, unaware of the entire falsity of Defendants’ Response, words of Defendant Morris Barkley, representations in the Agreement, and presentment of the Claim, in violation of Government Code section 12651(a)(2), issued the Payment that otherwise would not have been paid in response to the Defendants’ false records and statements.
35. By reason of aforesaid violation of Government Code section 12651(a)(2) and the issuance of the Payment in response to the Claim, and as a result of the Defendants’ fraud, the City suffered at least $100,000 in damages and continues to be damaged.
THIRD CAUSE OF ACTION
VIOLATION OF UNLAWFUL, UNFAIR, AND FRAUDULENT BUSINESS PRACTICES UNDER BUSINESS & PROFESSIONS CODE SECTION 17200, ET. SEQ. (Against All Defendants)
36. The City hereby incorporates all of the above paragraphs.
37. Defendants, individually and in concert, committed unlawful, unfair, and fraudulent business practices when they acted, practiced, and engaged in business practices, including, but not limited to making Defendants’ Response, causing Defendant Morris Barkley to make representations to the City in connection therewith, and engaging in the actions of executing the Agreement, presenting the Claim, accepting and cashing the Payment by the City, and failing to manage the Furbee Aquatics Center as contractually obligated.
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38. The conduct of Defendant Morris Barkley and other Defendants is not only actionable as violations of the False Claims Act (Government Code section 12650, et. seq.) but under the unfair competition laws pled in this cause of action and recovery from both has been upheld. Rothschild v.
Tyco Intl. (US), Inc. (2000) 83 Cal.App.4th 488, 500, 99 Cal.Rptr.2d 721, 729.
39. Defendants actions fall within the meaning of Business & Professions Code section 17200, et. seq. and caused the City to make the Payment to the Defendants. Had the City known of the entire fraud, the public fisc or treasury would not have been defrauded by the Defendants.
40. As a direct and proximate result of their unlawful, unfair and fraudulent business practices, and incident to the falsity contained in Defendants’ Response, words of Defendant Morris Barkley, representations in the Agreement, and presentment of the Claim, Defendants have received a substantial overpayment under the Agreement for the services rendered by the Defendants under the Agreement and had the benefit of the Payment since presentment of the Claim to the detriment of the City and the City is entitled to return of the Payment, a return on the gains earned by the Defendants for the period since the Payment, as well as any and all civil penalties pursuant to Business & Professions Code section 17200, et. seq., including but not limited to sections 17203, 17536, and any other relief appropriate, including an order of restitution to the City for the Payment unfairly and unlawfully obtained paid in response to Defendants unlawful practices hereinabove.
FOURTH CAUSE OF ACTION
FRAUD IN THE INDUCEMENT
(Against All Defendants)
41. The City hereby incorporates all of the above paragraphs.
42. The Agreement was not made in a vacuum. It was part of a public process to provide operational management for a community cherished City asset: the Furbee Aquatic Center. To this end, the City received representations in the Defendants’ Response as well as in person on May 1, 2018 by Defendant Morris Barkley suggesting, among other things that the pool would be properly managed for the summer, and that Defendants would pay employees on a timely basis and appropriately staff the Furbee Aquatics Center with sufficient lifeguards. Defendants committed to complying with the requests of the City on May 1, 2018, made representations through Morris
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Barkley, their IT manager, and memorialized those commitments and representations in the Agreement. The City performed on the Agreement by paying $37,499 and when problems were reported, the City advised Defendants of how to cure the problems. Defendants did not cure the problems and the City terminated the Agreement.
43. Defendants, however, falsely made all representations to the City despite the continued faith and confidence the City and its staff had in assisting the Defendants to conform to the requirements of the RFP and Defendants’ Response.
44. Defendants made all representations knowing they were false and induced the City to enter into the Agreement and make the Payment.
45. When they engaged in responding to the RFP through the time of cashing the Payment, Defendants, and each of them, acted maliciously, fraudulent, and willfully, and the acts constituted a fraudulent web of deceit on the part of Defendants to induce and deceive the City at the last minute on the eve of summer, extracted $37,499, from the City by means of chicanery, fraud, trickery, and deliberate falsehood, which are the reasons why the City seeks exemplary and punitive damages against Defendants. The City is informed and believes and on that basis alleges that Defendants, and all does, and each of them consented to, knowingly received the benefits of, and ratified the conduct of Defendants.
FIFTH CAUSE OF ACTION
BREACH OF WRITTEN CONTRACT
(Against All Defendants)
46. The City hereby incorporates all of the above paragraphs.
47. As a result of the failure and refusal of Defendants to manage the Furbee Aquatics Center and perform its obligations under the Agreement, the City has suffered damages by issuing the Payment as well as engaging in managing the pool itself. The damages, include, but are not limited to the City’s attempt to mitigate the harm caused by Defendants by having to seek in the heat of summer the appropriate labor, material and supplies to effectively operate the Center in a safe manner for the public’s use, and remitting payment to the lifeguards the Defendants hired but did not pay.
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SIXTH CAUSE OF ACTION
COMMON COUNT (MONEY HAD AND RECEIVED)
(Against All Defendants)
48. The City hereby incorporates all of the above paragraphs.
49. The City paid $37,499 to Defendants.
50. This Payment was had and received by Defendants for the use and benefit of the City for services due to the City and its taxpayers and residents by Defendants to manage the Furbee Aquatics Center.
51. Defendants did not provide the management services.
52. The $37,499 is due and payable to the City despite the City’s demand for its return, plus prejudgment interest according to proof and attorney fees.
SEVENTH CAUSE OF ACTION
RESCISSION
(Against All Defendants)
53. The City hereby incorporates all of the above paragraphs.
54. The City and Defendants entered into the Agreement and the City paid $37,499 to Defendants.
55. Defendants did not perform as obligated under the Agreement.
56. The City has terminated the Agreement due to Defendants’ failure to perform. By serving this complaint, the City notifies Defendants of its intent to rescind the Agreement and demands restoration of the $37,499 paid by the City to Defendants, along with all other costs, expenses, and fees, including attorney fees, incurred by the City in connection therewith.
EIGHTH CAUSE OF ACTION
DECLARATORY RELIEF
(Against All Defendants)
57. The City hereby incorporates all of the above paragraphs.
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58. The City paid Defendants $37,499 pursuant to the Agreement in furtherance of the RFP for professional pool management services at the Furbee Aquatics Center from May 15, 2018 until September 15, 2018.
59. The City kept its end of the bargain.
60. Defendants, however, have not. Defendants refuse to perform or return the Payment.
61. It is unconstitutional and against good public policy to make a gift of public funds. (Cal. Const. Art. XVI, §6.).
62. An actual controversy has arisen and now exists between the City and Defendants as to the nature of the $37,499 provided to Defendants by the City and the respective rights and duties of the parties are under their Agreement, written or oral.
63. The City desires a judicial determination of its rights and duties, and a declaration of the terms of the Payment and Defendants’ duty to return the Payment.
64. A judicial declaration is necessary and appropriate at this time under the circumstances in order that the parties may resolve the dispute between them regarding their rights and duties under their Agreement, written or oral.
NINTH CAUSE OF ACTION
UNJUST ENRICHMENT
(Against All Defendants)
65. The City hereby incorporates all of the above paragraphs.
66. The City and Defendants entered into the Agreement for the City to provide the Payment to Defendants for management of the Furbee Aquatic Center for the period May 15, 2018 to September 15, 2018.
67. Pursuant to this Agreement, the City made the Payment and Defendants failed to perform in accordance with its terms.
68. The Payment was neither a loan nor an intended gift of public funds and demand is hereby made for return of the Payment, plus all costs, expenses, and fees, including attorney fees expended by the City to engage in management of the Furbee Aquatics Center.
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69. As a result of the unjust enrichment from Defendants’ refusal to return the Payment, the City has been damaged in an amount to be proved at trial.
PRAYER FOR RELIEF
WHEREFORE, the City prays for judgment as follows:
(1) On the First Cause of Action for Knowing Presentment and Conspiracy Violations of the California False Claims for a judgment against Defendants in an amount equal to three times the amount of damages sustained by the City as a result of Defendants’ actions in violation of the California False Claims Act as well as a civil penalty of $10,000 for each violation of Government Code section 12651, along with such other or further relief the Court considers just and proper. (2) On the Second Cause of Action for Making False Records and Statements in Violation of the California False Claims Act for a judgment against Defendants in an amount equal to three times the amount of damages sustained by the City as a result of Defendants’ actions in violation of the California False Claims Act as well as a civil penalty of $10,000 for each violation of Government Code section 12651, along with such other or further relief the Court considers just and proper.
(3) On The Third Cause Of Action For Violation of Unfair Business Practices that Defendants be ordered to pay a civil penalty of $2,500 pursuant to Business and Professions Code section 17536 for each violation of Business and Professions Code section 17206, for each act of unfair competition within the meaning of Business and Professions Code section 17200, attorneys fees pursuant to Code of Civil Procedure section 1021.5, costs of suit, along with such other or further relief the Court considers just and proper.
(4) On the Fourth Cause of Action for Fraud for damages of $37,499, interest thereon, punitive and exemplary damages, as appropriate according to proof, along with such other or further relief the Court considers just and proper.
(5) On the Fifth Cause of Action for Breach of Written Contract for damages of $37,499, interest thereon, as appropriate according to proof, attorney fees and costs of suit, along with such other or further relief the Court considers just and proper.
Exhibit A
RFP
April 2, 2018
REQUEST FOR PROPOSALS
NON- EXCLUSIVE LICENSE AGREEMENT AND
PROFESSIONAL SERVICES AGREEMENT
FURBEE AQUATIC CENTER PROGRAM MANAGEMENT
The City of Desert Hot Springs, hereinafter referred to as the “City,” is seeking proposals from qualified vendors to provide Swimming Program Management services at the Furbee Aquatic Center. To be considered for this contract, your firm and proposal must meet the qualifications and satisfy the requirements as stated in the scope of work detailed in Exhibit A of this Request for Proposals (“RFP”).
Time Schedule:
The following is the City's tentative schedule for the selection of a qualified firm to provide Management of Comprehensive Swimming Programs at the Furbee Aquatic Center:
1) Request for Proposal Dated: April 2, 2018
2) RFP Question Deadline April 16, 2018
3) Deadline for receiving Proposals: April 23, 2018 at 4:00 P.M. 4) City review of proposals: April 24 – 26, 2018
5) Award Contract May 1, 2018
Submission of Proposals:
All proposals shall be submitted in PDF format to [email protected]. Faxes and hard copies will not be accepted.
All Proposals must be received by the City no later than 4:00 PM, PST, April 23, 2018. Any proposal may be withdrawn by offeror(s) prior to the above scheduled time for the review of proposals. Any proposal received after the time and date specified shall NOT be considered.
Questions:
All questions regarding this RFP must be made in written form directed to John Holcomb, Special Projects, via email at [email protected].
Contact with City of Desert Hot Springs personnel other than those listed above regarding this RFP may be grounds for elimination from the selection process.
All questions must be received by no later than 5:00 PM, PST, on April 16, 2018. Inquiries received after this deadline will not be accepted. Responses to all questions will be posted to the City’s website at: http://www.cityofdhs.org/RFP's_RFQ's. Please note: it is the responsibility of interested bidders to check the questions and answers periodically and especially once the inquiry deadline has passed.
Sincerely,
John Holcomb, Special Projects
REQUEST FOR PROPOSALS
NON- EXCLUSIVE LICENSE AGREEMENT
AND PROFESSIONAL SERVICES AGREEMENT
FURBEE AQUATIC CENTER PROGRAM MANAGEMENT
PART I: SELECTION CRITERIA
A final Non-Exclusive License Agreement and Professional Services Agreement (“License Agreement”) will be awarded to the vendor who can best meet the requirements as specified; and provide high quality, cost effective management services of swimming programs at the Furbee Aquatic Center, as determined by the City Staff/Council based on the following factors which are listed without implication of priority:
1. Information regarding the Vendor’s experience and qualifications to successfully provide Swimming Program Management services at the Furbee Aquatic Center.
2. The ability and willingness of the Vendor to meet all requirements as outlined in the scope of work (see Exhibit A).
3. A company resume, a list of client references, and an outline of any experience the Vendor has had in meeting the management services required to provide comprehensive swimming programs for the needs of the City of Desert Hot Springs and adjoining sphere of influence Communities. References should include the name, address and telephone number of clients who may be contacted, along with a brief description explaining the service(s) performed.
4. The thoroughness and conformity of the proposal package with this RFP.
5. An estimate of the swimming programs schedule on the scope of work as outlined in Exhibit A and a proposed fee schedule to be charged participants. Proposals will be evaluated based on the Scope of Work, Exhibit A, established herein. It is the responsibility of the submitter to review and understand all of the requirements.
During the evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarification from proposing firms or to allow corrections of errors or omissions.
6. The proposed cost, expenses and fees to be paid by the City.
PART II: INSTRUCTIONS, CONDITIONS, and LEGAL REQUIREMENTS
1. The City of Desert Hot Springs has outlined the requirements herein in as much detail as is currently known. Please provide any exceptions, additional information, or suggestions that will aid in the City’s selection process (attachments are acceptable).
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 Vendor’s performance under this contract.
3. The City reserves the right to negotiate terms and scope of work with the highest ranked Vendor. If an agreement cannot be negotiated the City reserves the right to negotiate with any other Vendor.
4. The selected Vendor will be required to comply with all existing State and Federal labor laws. If the Vendor out-sources any work or job to a sub-Contractor/Consultant, it will be the prime Vendor’s responsibility to ensure that all sub-Contractors/Consultants meet the requirements as stated in this RFP.
5. A License Agreement will be awarded to the most qualified Vendor. Although the proposed fees are of prime consideration, they are not the sole determining factor. The City reserves the right to select the appropriate firm based on the most qualified proposal. The determination of the most qualified and most competitively priced proposal may involve all or some of the following factors: fees and costs paid by the City, fees charged to program participants, thoroughness of the proposal package and responsiveness to this RFP, previous experience and performance; conformity to scope of work in Exhibit A; financial ability to fulfill the contract; ability to meet scope of work; terms of payment; compatibility, as required; number of sub-Contractors/Consultants the main Vendor may need to employ for out-sourced work; other costs; and other objectives and accountable factors which are reasonable. The City reserves the right to select a Vendor to perform all of the work identified in the RFP, or only selected portions based on the fees and/or other factors.
6. Before execution of the contract, the selected Vendor is 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. The Licensee shall be exempt from maintaining Automobile Liability Coverage, provided that no vehicles are used for transport related to use activities.
7. The successful Vendor shall be an independent contractor and nothing shall be construed to cause the Vendor to be deemed or represent itself as an agent or employee of the City.
8. Any evidence of agreement or collusion among Vendor acting illegally to restrain freedom of competition by agreement to propose a fixed price, or otherwise, will render the proposal of such Vendor void.
9. The selected Vendor agrees to maintain a City of Desert Hot Springs Business License for the duration of the contract.
10. Vendor agrees that all service by the Vendor shall be to the satisfaction of authorized City personnel. Should the Vendor default on performance of any of these requirements, the City shall have the right to terminate the agreement immediately upon written notice delivered to the Vendor by certified mail or courier. Termination of the contract will not relieve the Vendor of any liability to the City for damages sustained by the City because of any breach of contract by the Vendor. The City may withhold any deposits from the Vendor until such time as the exact amount of damages due the City from the Vendor is determined.
11. The Vendor shall submit a list of at least five (5) references that have received similar management services from the Vendor. Vendor shall provide company name, contact name and phone number for each reference.
12. The term of the contract shall commence upon execution by the City Council or authorized City representative and continue through a date to be determined. The City reserves the option to extend the contract(s) under the same terms and conditions for a maximum of one (1) additional one-year at current fee levels.
13. The contract between Vendor and the City is non-transferable. Vendor shall under no circumstances assign the agreement without written permission of the City. Vendor shall
notify the City, in writing, of any change in ownership at least thirty (30) days prior to said change.
14. The standard form of the City’s License Agreement is attached hereto as Exhibit B. The selected Vendor will be required to enter into this License Agreement. By submitting a proposal, Vendor certifies to the City that he/she has reviewed the Specifications of the RFP and the terms of the agreement and has incorporated all direct and indirect costs of complying with the scope of work and the agreement into the Proposal.
15. Payment shall be accompanied by an invoice reflecting the accounting for accrued fees owed by the City. Payment shall also be accompanied by records evidencing fees charged to all program participants.
16. 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 License Agreement, the proceeds thereof, the Vendor, or Vendor’s sub-Contractors/Consultants for this project, during his/her tenure or for one year thereafter. The Vendor 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 Vendor or Vendor’s sub-Contractors/Consultants on this project. Vendor 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 License Agreement.
17. The selected Vendor must be live scanned (fingerprinted) before execution of an official agreement by the City of Desert Hot Springs Police Department at the Vendor’s expense.
PART III QUALIFICATIONS
Please provide a resume of each staff member that will be working with the City directly to complete the Project. The resume should include but is not limited to the following information:
Range of experience in work related to swimming program management; number of years performing this type of program management; education; number of years with management firm; title of position with the management firm; hourly rates; and name of individual.
PART IV: GENERAL INFORMATION
1. Vendor is required to carefully and fully investigate all of the requirements of this RFP. By submitting a proposal, Vendor represents and certifies to the City that such investigation has been completed and that it fully understands the scope of work.
2. The City reserves the right to reject any and all proposals as deemed necessary.
3. The City will not reimburse Vendors for any costs involved in the preparation and submission of proposals. Furthermore, this RFP does not obligate the City to accept or contract for any expressed or implied services.
4. The City reserves the right to request any Vendor submitting a proposal to clarify its proposal or to supply additional material deemed necessary to assist in the selection process.
5. If an Exhibit “A” requirement cannot be met by a Vendor, then the Vendor should submit a “No Proposal” response for the items affected. Alternate or equivalent items may be submitted for consideration by the City, unless otherwise specified.
6. All submitted proposals and information included therein or attached thereto shall become public records upon contract award.
7. Vendor is requested to provide any exceptions, additional information or suggestions that will aid in the City’s selection process.
Exhibit A
SCOPE OF WORK
NON- EXCLUSIVE LICENSE AGREEMENT
AND PROFESSIONAL SERVICES AGREEMENT
FURBEE AQUATIC CENTER PROGRAM MANAGEMENT
A. Project Description
The Licensee shall provide aquatic and swim programs for the community that include the following: Swim lessons for adults, children and infants; water exercise for teams, adults and seniors; Junior Lifeguard Corp.; Lifeguard training, Recreational Swim for children, adults and families: Pool and water safety lessons programs. The licensee shall establish and collect all fees from participants. The Vendor shall provide the City their proposed participant fee rates, hours and days of operation and schedule of activities, to be included with their response to this RFP.
The Licensee shall not charge fees above the fees allowable in the City’s adopted Fee Schedule for community, recreational swimming, but may charge higher fees for specific swim or other aquatic programs.
B. Background
The City of Desert Hot Springs desires to issue a non-exclusive license agreement to a vendor who will provide and manage comprehensive aquatic and swim programs at the Furbee Aquatic Center for the community from May 15, 2018 to September 15, 2018. The City will provide facilities and maintain in a good, usable and safe condition, including pool, restrooms, showers and perimeter fencing. The City will provide and pay for all utility and pool maintenance costs, including chemicals.
Exhibit B
Response
Furbee Aquatic Center
Program Management RFP
April 23, 2018 4:00PM
Prepared by:
Johanna Sveden
877.248.1872 x708
[email protected]
IMAGINE THE POSSIBILITIES
April 20, 2018
City of Desert Hot Springs
Office of Special Projects
John Holcomb
All,
Decades of service have prepared our respective teams for this opportunity to partner together in the management of your Aquatics center in the City of Desert Hot Springs. We appreciate you recognizing USA Management as the most experienced Aquatic center management firm in the nation that complies with each and every aspect of Facility Management Services. USA Management through our strategic partnerships with NRPA, City Managers Association, National League of Cities, World Waterpark Association, Centers of Disease Control, USA Swimming, CMAA, National Club association, NSPF, CAI, ICMA, APSP, American Red Cross, Athletic Business, ARDA, NACO,IAAPA, NAA, AHLA, WOWSA, serves and collaborates to establish SAFETY systems that are transforming the industry standards in the Aquatics industry.
USA continues to operate as the STANDARD that pool management companies attempt to duplicate.
You need an Aquatics management firm and not a backyard pool company. We appreciate the time you continue to invest with USA Management in assessing the professional needs of the Recreation facility for the City of Desert Hot Springs. The results of this RFP will confirm to your evaluation team that other companies are viewing this bid opportunity as a “lottery ticket” to their fledgling operation. You have numerous “small operators” attempting to gain the City’s business that lack the experience, personnel, infrastructure, financial support, and operations to serve your needs. They will attempt to “buy your business” by being the lowest bidder providing a bid that seems to be in the best interest to your city’s patrons. But please don’t be fooled by this too-good-to-be-true pricing! Other operations have taken our systems and programs and changed the name in order to compete with marketing material; however, you will conclude that none of the vendors competing for this business have the leadership, experience, technology, or municipality management experience to serve the demands of your operation.
The management of the Furbee Aquatic Center will require a partner that eats, sleeps, and breaths Desert Hot Springs. We welcome you to the USA Experience and will serve with you to expand the safety standard of the facilities. City of Desert Hot Springs will be a Nationally Recognized Benchmark for Aquatic Safety Systems in the first year of operation. Together we will launch the “USA Clear Alliance” system that provides complete TRANSPARENCY of all aquatic programs, total water quality, pool users, I-swim access controls cards, full financial and record keeping access online and a revenue generation package that is PROVEN to increase revenues in the first term of our agreement by a minimum of 10% guaranteed!! In some Municipalities we have increased revenues by 500%.
IMAGINE THE POSSIBILITIES
This partnership is successful when our cooperative parties work together to establish operations that will abolish historical participation and revenue returns. We will transform the old views of swimming pools and the perception of aquatics as a “HIGH RISK” money pit. Together we will INCREASE the safety record, DECREASE the subsidy, and DRIVE your participation goals and patron satisfaction to a new standard. You will find in our package the information requested; however we need to put our leadership team in the same room to introduce you to a new age in aquatics.
Included is some information to help you better understand the Tradition and Commitment of being a part of the USA Management family. Also, you will find attached an agreement that will provide a foundation for our successes and a breakdown of our relationship.
Our primary objectives are to ensure that your community enjoys a safe, family oriented swimming environment, and that we provide a consistent, reliable service to your community. The USA Management Team is a large team of Aquatic Safety professionals, Risk advisors, Corporate business leaders, and Community outreach leaders. We raise the bar in every aspect of facility management and customer satisfaction. Our safety procedures and extensive management experience provide for a highly trained and experienced staff to proactively serve your patrons.
From day one our teams will establish a Trust fund for REINVESTING revenues into the facility. We will work with your leadership team to develop and fund the TRANSFORMATION of the aquatic facility by adding features annually to enhance the patron experience with the latest in Aquatic design features.
The USA training institute has completely eliminated year-round staffing challenges with our strong employee base. Mandatory certifications, drug tests, continuing education, and unparalleled training systems develop a USA Team Member that is committed to our vision.
We are on call for your facility 24 hours a day, 7 days a week. You have the assurance that if a problem arises, we will have it fixed behind the scenes without impacting operation.
Isn’t it time that the aquatic industry truly manage an aquatic facility the RIGHT way? We at USA Management believe it is! We have spent hundreds of thousands of dollars in market research and many years investing and developing software to support the process of true aquatic management. We listen to our clients’ needs and are meeting the need using big data.
As we enter the evaluation period, we know that we are the voice and the stalwart leader in this industry.
We recognize the importance in having the experience, background, and knowledge to manage this type of operation and most importantly protecting the community from liability.
We appreciate your faith in USA Management for all of your operational needs.
With Kind Regards,
Alison Abbott
National Sales Manager
USA Management
877.248.1872 ext 707
[email protected]
www.usamanagement.com
IMAGINE THE POSSIBILITIES
In supporting Youth
Scholarships, Programs and
Water Safety
Join Us
When you do business with USA Management
we will donate $0.00 on your behalf!
Choose a fund! (check one)
Water Safety with WAW(Watch Around Water): often communities and facilities cannot afford to provide lifesaving equipment or programs to their youth. This fund provides lifejackets utilizing note to float as well as swim lessons to all ages. Swimming lessons is the #1 way to prevent drowning.
Lifeguard Scholarships: being a lifeguard can be costly and many do not have the means to enter into the job force. They may have to obtain or maintain their certifications as well as lifeguard equipment. Your contributions aid by providing scholarship money to those who cannot otherwise afford employment.
Receive a charitable donation receipt.
Thank you for your
support!
USA Management has a complete management team in place to handle all aspects of this project.
Listed below are the team members that will be directly involved with the oversight and management of these aquatic facilities. Our staff is complete with professionals in all phases of our industry.
Operations and Management Team
Once the City has made a decision to hire USA Management, our full time management team will spring into action. USA Management has 36 years of experience managing aquatic facilities across the country. Each team member has a minimum of 9 years experience with USA Management managing different aspects of aquatic facilities. Our Operations and Management Team will include:
Troy Avery - President |877.248.1872| [email protected].
Troy works with each team leader to ensure that we are continuing to exceed expectations and holding all team members accountable.
John Williams - Vice President of Corporate Operations|877.248.1872| [email protected].
John directly oversees all employees, while maintaining accurate and continuous lines of communication.
Alison Abbott - National Sales Manager|877.248.1872 x707| [email protected].
Alison has eight years of experience with USA Management for our corporate office. She will provide guidance for all administrative needs within this project.
Morris Barkley - IT Manager |877.248.1872 x303| [email protected] Morris will be reponsible for implementation and training on the use of Aquatic technology tools. He will coordinate with all departments to ensure proper and effective set up of technology aspects.
Katie Braselton - Client Relations Manager |877.248.1872 x720| [email protected].
Katie will be responsible for all day-to-day operations of the facility. Katie will work directly on a daily basis with the designated contact person for the Aquatic Facility.
Johanna Sveden - New Client Start-Up |877.248.1872 x708| [email protected].
Johanna works as our Interim Aquatics Manager for this operation. Her initial role will be to start the Marketing and Promotions of all scheduled events, activities, and programs for this facility. She will also be in charge of the hiring process for a complete staff to operate each facility.
IMAGINE THE POSSIBILITIES 5
IMAGINE THE POSSIBILITIES
Troy Avery
USA Management, LLC Roswell, GA
President
Provided oversight on 122 client operations.
Managed full time staff of 32 people to oversee those operations.
Responsible for all aspects of operations.
Oversaw all government operations, construction, and management.
Responsible for growth of offices outside of Georgia. We grew from 4 to 10 offices during this time.
Developed and provided oversight for a new payroll system for 400 employees.
Project Manager for all renovations and repairs for our clients.
Expanded customer base from 18 customers to 34.
Grossed 1 million in additional sales.
Normal Parks and Recreation Department Normal, IL
Facility Manager
Responsible for Opening/Closing of pools for season.
Responsible for ordering and keeping inventories of all chemicals to operate facility.
Managed Filtration and Chemical equipment daily for proper operations.
Responsible for Maintenance of all equipment and repair/replacement of faulty equipment.
Certified and trained new lifeguard staff.
Monitored performance of lifeguards, cashiers, and maintenance staff.
Centre College Danville, KY
Assistant Swim Coach and Aquatics Director
Responsible for maintenance and operation of aquatic facility.
Responsible for planning and running workouts on a daily basis for swim team.
Recruiting of new Student Athletes for Swim Team.
Ordered and kept inventory of all equipment needs and chemicals for pool operation.
Education Illinois State University Bloomington-Normal, IL Physical Education Teacher
Recreation and Parks Administration
CPO Certified
AFO Certified
IMAGINE THE POSSIBILITIES
John Williams
USA Management, LLC Roswell, GA
Vice President
Career Overview:
Over a decade developing, managing, and planning construction projects. Projects range from small aquatic repairs and renovations to full design and build of water parks, aquatic centers, and resort-style pools. Excellence in understanding cost estimating and bidding with municipalities and/or private businesses. Proven team building and management skills in contracting projects.
Among overseeing labor and equipment expenditures, delivering deadlines for all projects has been a priority. Keeping business current on regulations according to state and federal guidelines.
USA Pools, Inc Roswell, GA
General Contractor
Managed 90% of construction related jobs for company.
Hired work crew and subcontracted when necessary for jobs.
Managed various work crew sizes.
Evaluated work crew on job performance.
Met all deadlines and guidelines for company.
USA Pools Roswell, GA
Pool Operations Manager
Responsible for Opening/Closing of pool on a daily basis.
Responsible for scheduling of lifeguard staff of 10 each year.
Responsible for maintaining daily paperwork at each facility.
Education University of Georgia Athens, GA
B.A., Business Management
AFO Certified
LGIT Certified
WSIT Certified
AEO Certified
IMAGINE THE POSSIBILITIES
Alison Abbott
USA Management, LLC Roswell, GA
National Sales Manager
Responsible for hiring 250 staff members each year.
Assist accounting office with all payroll entries and paperwork related to employment.
USA Pools, Inc Roswell, GA
Office Manager/Human Resources Director
Managed office for company from 1994-1996.
Hired staff of 200 personnel each year.
Provide certification training through Red Cross for LGT, CPR, First Aid.
Provided staff training on facility operations.
Programmed swim lessons for over 100 facilities from 1996 to 2000.
USA Pools Roswell, GA
Pool Manager
Responsible for Opening/Closing of pool on a daily basis.
Responsible for scheduling of lifeguard staff of 10 each year.
Responsible for maintaining daily paperwork at each facility.
Education University of Central Florida Orlando, FL
Business Management
AFO Certified
LGIT Certified
WSIT Certified
AEO Certified
WHAT WE KNOW
• WE KNOW - Over 3,500 fatal drownings happen annually in the US. (That’s about 10 per day) • WE KNOW - Children ages 1-4 have the highest drowning rates. • WE KNOW - About 1 in 5 that die are ages 14 and younger. • WE KNOW - For every child who dies from drowning, another 5 receive emergency department (EDs) care for water submersion injuries.
• WE KNOW - More than 50% of near drowning accidents require hospitalization that can cause severe brain damage, memory problems, learning disabilities and permanent loss of basic functions.
• WE KNOW - Nearly 80% who die are male.
• WE KNOW - Children ages 4 and younger are 14 times more likely to die in a non-guarded pool than in a car accident.
• WE KNOW - Young swimmers visit swim facilities more frequently than adults. • WE KNOW - Child drownings are silent.
• WE KNOW - 58% of parents do not consider drowning a threat to their child.
WHAT WE BELIEVE
• WE BELIEVE - Lifeguards are on duty to enforce rules, maintain safety, and protect lives. • WE BELIEVE - Lifeguards are to provide ACTIVE water safety skills. • WE BELIEVE - Lifeguards should follow the 5 minute scanning strategy. • WE BELIEVE - Lifeguards should enforce a swim test.
• WE BELIEVE - Lifeguards should enforce “touch-supervision.” • WE BELIEVE - Lifeguards should enforce CGA life jackets to non-swimmers. • WE BELIEVE - Lifeguards will enforce the buddy system. • WE BELIEVE - Lifeguards should encourage learn-to-swim programs. • WE BELIEVE - Every second counts. Lifeguards will promote CPR skills. • WE BELIEVE - There should be proper supervision around water at all times. • WE BELIEVE - Air & foam toys are not proper flotation devices. • WE BELIEVE - Water safety starts at home.
IMAGINE THE POSSIBILITIES
WHAT WE KNOW
• WE KNOW - 87% of members at private clubs are not satisfied with maintenance and cleaning practices.
• WE KNOW - Swimmers care more about chlorine levels at a swimming pool than any other chemical reading.
• WE KNOW - Filed complaints with the environmental health departments are up 73% over the past 5 years with commercial swimming facilities.
• WE KNOW - 89% of people say odor is the leading sign of uncleanliness. • WE KNOW - 88% of people say that overflowing trash cans are a sign of a dirty facility. • WE KNOW - 93% of people say that dirty or sticky floors are a sign of a dirty facility. • WE KNOW - A dirty scum line (tiles) is a direct failure of a swimming pool’s filtration system. • WE KNOW - A dirty pool bottom is a direct result of poor water circulation. • WE KNOW - Skimmers/gutter systems should recirculate 80% of the pool’s water every 6 hours or less.
• WE KNOW - Cloudy pool water is caused by 2 symptoms: improper or poor water filtration circulation, or low Chlorine or sanitizer levels.
WHAT WE BELIEVE
• WE BELIEVE - Trained professional cleaners are the best resource for cleaning a public or private club.
• WE BELIEVE - Trained professional certified pool operators should operate and monitor filtration equipment.
• WE BELIEVE - Trained professionals should oversee deep cleaning duties at public or private clubs.
• WE BELIEVE - Lifeguards & pool staff should conduct light cleaning duties daily. • WE BELIEVE - Lifeguards & pool staff should report maintenance and cleaning issues immediately. • WE BELIEVE - A scheduled cleaning program is the best way to identify staff and have accountability.
IMAGINE THE POSSIBILITIES
WHAT WE KNOW
• WE KNOW - Communication is the key to a successful partnership. • WE KNOW - Being open and honest with people and customers is a recipe for long term success. • WE KNOW - Lack of communication causes unwanted problems. • WE KNOW - Transparency gives people the “Right to Know.” • WE KNOW - Good communication strengthens trust, honesty, and respect. • WE KNOW - 70% of workers are not engaged with their work because of poor communication practices.
• WE KNOW - Workers that connect with each other increase their productivity by 20-25%. • WE KNOW - 69% of workers say they work harder if they see that their work is recognized and appreciated.
• WE KNOW - Working with Gen Y workers requires a transparent work environment.
WHAT WE BELIEVE
• WE BELIEVE - Inclusive decision-making effectively serves a group or business. • WE BELIEVE - Well-documented reports gathered in “real-time” hold people accountable. • WE BELIEVE - Technology increases collaboration and a spirit of working together. • WE BELIEVE - Technology makes jobs easier and reduces wait times. • WE BELIEVE - Transparency uncovers REAL problems and solutions. • WE BELIEVE - Decision-making is made from real data.
• WE BELIEVE - Good partnerships serve diverse people with mutually beneficial relationships. • WE BELIEVE - An educated customer is a good customer.
IMAGINE THE POSSIBILITIES
IMAGINE THE POSSIBILITIES
Sheraton Vistana Villages
City of Columbus
District on Apache
Browns Mill Water Park
Providence Village
Flushing Meadows Corona Park
The Grove
IMAGINE THE POSSIBILITIES
City of Columbus, GA
City of Humboldt, KS
City of New Orleans, LA
City of Abilene, TX
City of Pearland, TX
City of Valdosta, GA
City of College Park, GA
Stennis Space Center
Ft. Gordon
Gwinnett County, GA
City of Providence Village, TX
City of Hapeville, GA
City of Warner Robbins, GA
City of Brunswick, GA
City of Cleveland, TX
City of Douglas, WY
City of Miami Gardens, FL
City of Wooster, OH
City of Philadelphia, PA
City of Hopkinsville, KY
City of San Antonio, TX
City of Portsmouth, VA
Sierra Army Depot
City of Atlanta, GA
FLETC
City of Norcross, GA
City of Roswell, NM
City of Snellville, GA
City of Spring Grove, MN
Fon du Lac Park District, IL
Fulton County, GA
DeKalb County, GA
City of Peachtree City, GA
City of Orange Beach, AL
City of Marietta, GA
City of Doraville, GA
City of Brookhaven, GA
City of Homestead, FL
City of Huntington Park, CA
City of Stockton, CA
City of New York, NY
Browns Mill Water Park
Town of Fort Myers Beach, FL
City of Forest Hills, KY
City of Jeffersontown, KY
City f Douglas Hills, KY
City of Laurel, MS
City of Schertz, TX
City of Bell, CA
City of Tybee Island, GA
IMAGINE THE POSSIBILITIES
Director of
Operations
Aquatic Director
Guards
Maintenance
Director
CPO/Service
Cleaning Crew
Membership
Coordinator
Furbee
Aquatic
Center
Organization
Chart
Aquatics Manager: Responsible for onsite operations and the supervision of guards, aquatic instructors, admissions, CPOs, and patrons. The Aquatics Manager is the liaison between the corporate office and the onsite staff.
Lifeguards: Responsible for the safety and well-being of all patrons at an aquatics facility.
The lifeguard is the first responder to an incident.
CPO (Certified Pool Operator): Responsible for the day-to-day compliance and requirements of facility water quality mandated by OSHA and County or City guidelines.
Service Technician/ Maintenance: Specific training and certifications in electrical, plaster, filtration, and plumbing.
IMAGINE THE POSSIBILITIES
IMAGINE THE POSSIBILITIES
IMAGINE THE POSSIBILITIES
FEIN = 47-2118760
IMAGINE THE POSSIBILITIES
IMAGINE THE POSSIBILITIES
City of Laurel, MS
Laurel Natatorium
4978 US-84, Laurel, MS 39443
Warren Holiday
601-319-2726
[email protected]
We have provided management, maintenance, and event programming for swim meets since 2001.
$375,000
DeKalb County, GA
Browns Mill
4929 Browns Mill Rd, Lithonia, GA 30038
Al Sheppard
404-392-1393
[email protected]
We have provided management, maintenance, construction, and renovations services since 2000. We have been under contract for the past 14 years to manage and operate their aquatic facilities.
$425,000
City of New York, NY
Flushing Meadows, Corona Park
131-04 Meridian Rd, Flushing, NY 11368
Mikielle Banks
404-993-4014
[email protected]
Since 2007, we have provided management, maintenance, and renovation services to the City’s aquatic facility which has indoor pools, concessions, skating rink, etc. We also facilitated Swim meets and aquatic programming.
$1,300,000
IMAGINE THE POSSIBILITIES
City of Orlando, FL
Sheraton Vistana Villages
12401 International Dr, Orlando, FL 32821
Scott Koppinger
407-238-5115
[email protected]
We have provided management, swim programming, and lifeguards since 2013. $350,000
City of Winter Garden, FL
Liki Tiki Village
17777 Bali Blvd, Winter Garden, FL 34787
Jacqueline Wickiser
407-239-5069
[email protected]
We have provided lifeguard management and swim lesson program services since 2016. We have been under contract for the past 2 years to manage and operate their pools.
$350,000
City of Raytown, MO
Raytown Schools Wellness Center
10301 E State Rte 350, Raytown, MO 64138
Rob Brockschink
816-268-7190
[email protected]
Since 2014, we have provided lifeguards for the city’s aquatic facility. We offer swim lessons for all ages.
$135,000
IMAGINE THE POSSIBILITIES
IMAGINE THE POSSIBILITIES
IMAGINE THE POSSIBILITIES
IMAGINE THE POSSIBILITIES
Your Largest Asset …
Your Facility Admissions!
Media:
How will your media plan help you to achieve your attendance objectives? Consider paid media (radio, TV, print); shared media (Facebook, Twitter, other social media); owned media (website) and earned media (PR).
Determine media budget based on marketing objectives using your industry’s standard percent of revenue or percent of operating expenses as a guide.
Public Relations:
What are you going to do to generate exposure, enhance image, address issues, and increase visitation to your attraction?
Memberships:
What is your Membership plan to achieve Membership pass sales, attendance, and revenue goals?
Consider ways to increase membership pass sales revenues such as offering a premium or gold pass, food season pass, free parking, etc.
Promotions:
What is the promotional / discount admission plan to achieve attendance / revenue goals? Define partners and offers as well as online discounts.
Group Sales:
What is the plan by GS ticket type to achieve attendance / revenue goals? What are the strategies and tactics for each of your GS ticket categories such as Outings, Consignment, Cash group, Tourism, Special Event, coupon, etc.
Sponsorship:
Plan to increase other revenue opportunities through a sponsorship sales plan.
How do you get sponsorship revenue? A good plan to start is with your vendors: soft drink, food suppliers, etc.
25 Local and Nearby Schools
Area Job Fairs
Swim Teams
IMAGINE THE POSSIBILITIES
IMAGINE THE POSSIBILITIES
“9 OUT OF 10 DROWNING VICTIMS
WEREN’T WEARING A LIFE JACKET”
Young children and anyone who
cannot swim well should wear a
coast guard approved life jacket.
Life jackets are not a substitute for
supervision; they are an aid to
prevent drowning from occurring.
USA Management has several
tools to educate and remind staff
of the importance of safety.
Continuing education, coaching,
and testing will help ensure that
safety is a #1 priority at each
facility.
IMAGINE THE POSSIBILITIES
SWIM LESSONS
Drowning prevention
Exercise
Water safety education
Fun for all ages
SWIM TEAM
Exercise
Team Building
Possible career paths
Enjoyment
CLASSES
Water Aerobics
Zumba
Yoga
Water Walking
Hydro-Circuit
Guided Lap Swim
Kayaking
Lifeguard Training
Junior Lifeguards
Gentle on
the joints
Masters,
high school
Special
needs
28 Water Safety and Rules Day: Gives the community the
opportunity to familiarize themselves with the pool and remind themselves of the pool rules.
School Pride Day: Kids wear their school colors and support their school.
Father’s Day Delight: Treat Dad to a sun-filled day at the Pool! Swan Dives: Enter in the diving or belly flop contest to win prizes.
Dive-in Movie Night: A movie night, whilst swimming and with a family-friendly environment.
Duck Races: Bring your favorite
rubber ducky for the duck races.
Prizes are given out each hour.
Mermaids and Pirates Day:
Dress like a mermaid or pirate.
Enjoy games and other activities.
Family Luau Night: Bring the
family for a quick getaway. Enjoy
island themed music, leis upon
welcoming, and dance contests. Give back to the community with a food donation for the local food bank.
Paws and Treats: What’s better than the whole family visiting the pool? Bringing your dog to enjoy the pool with you! Pups get in for free (must be friendly and able to be without leash).
IMAGINE THE POSSIBILITIES
IMAGINE THE POSSIBILITIES
Gentle on
the joints Aquatic Facility Hours
Monday-Friday
Lap Swim Hours = 6:30-9:00am
Swim Lessons = 9:00am-11:00am
Open Swim = 4:00pm - 7:00pm
Saturday
Swim Lessons = 10:00am-12:00am
Open Swim = 12:00pm - 7:00pm
Closed Sundays
USA’s marketing and promotion of aquatic programs allows us to generate revenue which helps offset the expense of swimming pool operations and utilizes multiple advertising outlets. Sometimes we are even able to work with local businesses as promoters and sponsors. All of these aspects work together to increase attendance.
Interacting with our
communities also means educating our
communities, by having a Pool Rules
Day and Swim Lessons and Swim
Testing for children and Adults.
Throughout the Swim Season we
can provide fun activities for families.
Whether it is a holiday related event, a
fun coloring contest of our mascot,
Splash, or a "Dive-In" Movie, the kids
are sure to have a memorable day at
the pool!
Our highly trained lifeguards offer
the best in water safety. However,
select guards train and certify in
Aqua Aerobics that we enjoy bringing
to each community to support health
in a fun and safe environment!
You asked and we delivered! Aquatic Management Inc. has partnered with GoAquatix to bring you the first and only smart aquatics management system.
With gadgets and phone applications, our world has become web-based. Join in the rest of the Smart Communities across the country and see how GOAQUATIX can benefit your community!
As the first aquatics company to use an electronic GPS clock- in system, we have furthered our ability to be proactive in management. From clock-ins to chemical readings, everything is digital and everything is real time. This cloudbased system stores recorded documents such as staff time sheets, payroll, chemical readings, customized checklists, incident reports, etc. all in real time.
This system also alerts us when a chemical reading has not been completed on time. Did we mention it allows our customers to log in and view data and reports regarding their facility done by the Company and its team members in REAL TIME?!
GoAquatix is an important tool for our team members. This is where they will begin their continuing education each week, clock in, view information about the facility in which they will be working, view their payroll reports, learn how to complete and view a schedule, view their points earned each shift, and much more. They also complete check lists that have been tailored to the community in which they are working.
For a Demo on what this system looks
like, please contact us. We will happily
email you a link with the username
and password.
➢Welcome to the industry’s first
and only Aquatic & Pool
Management App.
➢This App is designed and
customized for the management
of aquatic staffs and aquatic
facilities.
➢This custom aquatic app allows
you to manage your facility from
a personalized dashboard set up
for your specific aquatic needs.
➢You can access this dashboard
from any smartphone, tablet, or
computer.
➢GoAquatix is the leader in
aquatic workforce management.
We have years of tested
experience and know-how in
developing an app that meets
all of your aquatic demands.
The Aquatic & Pool Management first and only APP!
32
1.Avoid Staff Clocking In if:
• Overtime
• Budgets Exceeded
• No Schedule
• Authorization Expired
2.Verify Attendance in RealTime:
• Arrivals
• Departures
• Early or Late
• Photo Timestamp
• Personal Time Tracker
• Billable Time Tracking
3.Automated Alerts for:
• No shows
• Being Late
• Staff Approaching
Overtime
• Budget Exceeded
• No Schedule
• Authorization Expired
GPS Timekeeping
33
1.Simple to Plan & Publish
Schedules
2.Easy to View
3.Personalized Scheduling
(daily, weekly, bi-weekly,
semi-monthly)
4.Notifications for Schedules
• Remind Next Shift
• Not At Facility
• Not Clocked In
5.Eliminate Scheduling
Conflicts
6.Coordinate who is on-call
Scheduling
34
1.Establishes swimmer abilities
2.Assists in water safety by
identifying the risk of nonswimmers
3.Allows for site specific
requirements
4.Notifies aquatic team and
community of swimmers vs
non-swimmers through use of
wristbands
• Green for swimmers
• Yellow for non-swimmers
5.Reduces risk of drowning
Safety
35
1. Customize Hourly, Daily,
and Weekly Duties
2. Testing & Validating
Procedures
3. Testing Chemicals
4. Record PSI & Flow
Readings
5. Cleaning Facility
6. Safety Audits &
Inspections
7. Gate Attendance
1. Real-Time Reports
2. Viewable for Supervisors
& Customers
3. Notification if task is not
completed
4. Reports to specific job
duties
5. Incidents & Accident
Reporting
Task Management
Reports & Dashboards
36
1. Schedule alerts for tasks
needed to be completed
2. Pop-up notifications for
duties not recorded
3. Update Everyone
Simultaneously
1. Communication Tools
2. Staff Member to Staff
Member
3. Staff Member to Control
Center
4. Control Center to Staff
Member or Members
5. Share Routine &
Emergency Information
6. Send mass messages
Reminders/Alerts
Messaging
37
1. Aquatic Staff has ability to
request items/parts that
need repair
2. Instantly take picture and
text to record broken
items/parts
3. Creates Repair Ticket &
Tracks Repair
4. Notifies Progress to
Customer
5. Order Supplies
6. Upload Information for
Approval Process
1. Staff able to view time
worked
2. Upload-able timesheet
for payroll processing
3. Access to payroll records,
timesheets, and tax info
Repairs Center
Payroll
38
1. Recording safety test at
facility for water safety
2. Provide water safety to
children
1. Enroll, Track, Reward
2. Incentives for work
related tasks
3. Showing up on time
4. Increase Staff’s happiness
& brand advocacy
5. Measure Performance &
Engagement
6. Motivate staff for Training
& Certifications
7. Motivate through Staff
Referrals
8. Redeem Points for
awards
Safety Test
Loyalty Program & Points
39
1. Document Management
2. Training Videos for Staff
3. Training Documents for
Staff
4. Safety Policy Training
5. User guide for staff
6. Learning Portal
1. Access Uniforms & Orders
2. Higher Control
Automated Purchasing
3. Streamlines Uniform
Purchasing
Training Videos & Documents
Uniforms & Aquatic Attire
40
1. Staff has their own
Personalized profile
2. Update staff information
3. Usernames & Passwords
Personalized Profile
Aquatic Staff includes
➢Facility Supervisors
➢Facility Managers
➢Lifeguards
➢Cleaning Staff
➢Maintenance Staff
➢And other aquatic staff
scheduled at your aquatic
facility.
41
42
IMAGINE THE POSSIBILITIES
Gentle on
the joints
Adult One-day Entry: $3
Child One-day Entry: (Age 3-17): $2
Holiday Entry: $1
10-day pass: $25
Summer Pass: $50
Season Pass: $85
Family Summer Pass: $95
Family Season Pass: $160
Competitive Pool Rental: $6 per hour
Full Pool Rental: $75 per hour
Splash Pool Rental: $30 per hour
THIS AGREEMENT, between USA Pools of California (the “Company”) and City of Desert Hot Springs (the “Owner”), is to provide management services by the Company of the Owner’s aquatic facility located in Riverside County, CA, in accordance with the specifications, conditions, and terms set forth herein.
1. OPERATIONAL TIMES
DATES OF OPERATION:
May 15, 2018 through September 15, 2018
HOURS OF OPERATION:
Monday 6:30am-11am, 12pm-7pm Thursday 6:30am-11am, 12pm-7pm Sunday Closed Tuesday 6:30am-11am, 12pm-7pm Friday 6:30am-11am, 12pm-7pm Holiday 10am-7pm Wednesday 6:30am-11am, 12pm-7pm Saturday 10am-7pm
2. SCOPE OF SERVICES:
Advertise & Recruit Promote Programs & Events Manage Daily Operations Interview & Pre-Screen Hire & On-boarding Risk Management Training Support Water Safety Provide Staff
Swim Lessons Aquatic Programming Community Outreach
3. PAYMENTS: The Company hereby proposes to perform the work and services set forth above for the price of $68,180.00 for the 2018 (1 year) swim year upon the specifications, conditions, and terms as set forth herein. Payments by Owner to Company shall be made in accordance with the following schedule:
4. PROPOSAL EXPIRATION OPTION: This contract is void at the Company’s option if not executed by the Owner and returned to the Company by May 15, 2018.
5. ACCEPTANCE: Acceptance of this Agreement by Owner through signatures below, along with any payments due above will constitute a contract entered into in accordance with the specifications, terms, and conditions and addenda attached hereto. Owner may cancel the Agreement for nonperformance by the Company as provided in the Cancellation section of the Agreement. Owner acknowledges that it owns and/or operates the pool facility and has legal capacity and authority to enter into this agreement and bind the property owner of the pool facility. Owner agrees to the contract specifications in the proceeding body Agreement. Any actual changes must be listed in a separate Addendum.
USA Pools of California City of Desert Hot Springs
By: USA Management, LLC By: ___________________________ Name: __________________________ Authorized Agent – “Owner” By: Contract Department Date: _________________________ Date: April 24, 2018
Aquatic Management Agreement
DUE
Total Contract Price 15-Sep 1-Dec 1-Feb 1-Apr 1-Jun 1-Jul 1-Aug 1 Year $68,180.00 $3,409.00 $3,409.00 $3,409.00 $6,818.00 $20,454.00 $20,454.00 $10,227.00 Note: if payment schedule is past the month of signing, payments must be caught up to reflect the payment schedule
Exhibit C
Agreement
Exhibit D
Claim
Exhibit E
Payment
USA Construction
Proposal December 4, 2024
Company Names
USA Construction / USA Pools of California
> Staff Member / Roster
Alison Abbott
John Williams
Morris Barkley
Carmen Zamudio
Company’s QualificationsFor
John H. Furbee Aquatic Center
Improvements
USAConstruction
1595 Peachtree Pkwy, Suite 204-344
Cumming, GA 30041
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PROJECTNO. 2013 p
I877-248-1872
I“ F| 877—224—0872
Cover Sheet
Table of Contents
USAConstruction
Meet the Team
Team Structure
Sample Projects
Project Management
Partners *notall are listed
Table of Contents
USA Construction
History: USAConstruction was founded in 2001 by a group of aquatic professionalsthat branched off of USAPools.Since 2001 we have built various types of commercial aquatic facilities.Our group began in the southeast, then workedits way up the east coast, by 2014 we expendedto the southwest and west coast.
Safety: The USA ConstructiOn group has experience working on projects from coast to coast. Our safety record is impeccablewith zero incidents. Our safety and standards are unmatched in our industry.
Methodology: USAConstruction utilizesthe traditionalproject management “waterfall”method for project management. As well as the utilizationof daily reporting that with smart phone technologyallowsus to have real time trends on project completion. *
Capabilities: USA Construction has worked on new build- design as well as renovations for the following types of facilities: traditional commercial swimming pools, lazy rivers, waterslides, beach entry pools, natatoriums, and splash parks as they have become more and more popular. USA conducts business with private business such has hotel/resorts, municipalities,and federal military installations.No job istoo big or too small for our group.
Past Performance: USA Construction has the ability to work with smaller scale commercial projects as well as large scale projects. We completemore than 200 projects under $100,000 each year, 50-100 projects that are $1oo,ooo-$5oo,ooo and 2-10 projects that scale over $1,000,000.00. These projects each of their own speci?c needs and requirement in which we work with a multitude of engineers, architects, sub contractors and material vendors.
Meet Your Team
Manager
Superintendent
Onsite Staff
Our Team at USA Construction is made up of multiple subject matter experts. These professionals are paired with each project depending on the project scope. We have provided swimming pool construction, management, and maintenance services for cities, counties, country clubs, and military bases throughout the country. We have in place the valued services and programs that will enable us to serve you with a 100% guaranteed satisfaction.
We will accept no less than the highest standards in materials and workmanship and offer our full commitment to making this process as smooth and worry-free as possible. We stay personally involved step by step in your project, which ensures complete control over the work and seamless integration with all facets of the job, guaranteeing a top-notch ?nal product and total customer satisfaction. Again, we appreciate you taking a good look at USA Construction.
Alison studied international business. After working in the medical and hospitality fields she joined the USA team in 2014 and has been successful in moving into a senior management role where her skills and knowledge in technology have aided in bringing organizational systems into more efficient practices.
Experience Skills
- Organizational and talent ‘ Ability to connect teams
management
° Ability to provide clear
- Multidepartment management communication to high level and ground level team members
' Revenue management of 60—80
Million annually ' Ability to communicate
expectations and assist others in . Fields of experience: Hospitality, setting goals to meet expectations Medical, Construction, Aquatic
Safety - Ability to problem solve and make
decisions.
° Organizational training and system
set up ' Ability to identify root cause and
work towards solution
C slag; 8 A 61’ Occupational Safety Eggi?ggn 048.955 and Health Administration a
IN WITNESS WHEREOF, we have hereunto set our hands and
26 BIDDER'S BOND
.20A
USA CONSTRUCTION LLC
PRINCIPAL
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SURETY
8725 ROSWELLRD,STE H,SANDYSPRINGS, GA 3035‘ jh's- eal)
ADDRESS
NOTE: Signatures of those executing for the surety must be properIy acknowledged. 61
O HWS$278.2?" EXHIBIT 3-9
. ., $9lUIIDH$ Required Bid Form
QUESTIONNAIREREGARDINGBIDDERS
Bidder has been engaged in the ..tracting business under the present name of l Iii-€53.11: :1 ,«iu‘g ‘
, since 2014 (Date).
Present business address is: 1595 PEACHTREEPKWYSUITE204—344,CUMMING,GA30041 Federal Tax ID: 83’3599409 Amount of Bid $ 1.058.680
California Contractor's License No.: L Expiration Date:
6/30/2026
UEI Number: or CAGE Code:
Because this project is Federally funded, it is necessary to obtain information concerning minority and other group participation for statistical purposes. The U.S. Department of Housing and Urban Development (HUD) uses this information to determine the degree to which its programs are being utilized by minority business enterprises and targeted group contractors.
A minority enterprise is defined by the Federal Government as a business that is fifty—one percent (51%) or more “minority-owned”. Please check the applicable box concerning the ownership of your business:
American Indian or Native Alaskan
Asian or Pacific lslander/Native Hawaiian
Black/African American
Hispanic
White
Hasidic Jews
Other
A woman-owned enterprise is defined by the Federal Government as a business that is fifty-one percent (51%) or more woman-owned. Please check applicable box concerning the ownership of your business:
I] Woman/Female owned D/Male owned
A Section 3 Contractor or Subcontractor is a business concern that is more than fifty-one percent (51%) owned by a low or very low-income person, or over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers. Please check the applicable box concerning the ownership of your business:
III Section 3 Business concern Won—Section 3 Business concern The United States Department of Housing and Urban Development (HUD) is authorized to solicit the information requested in this form by virtue of Title 12, United States Code, Section 1701 et seq., and other regulations. It will not be disclosed or released outside of HUD without your consent, except as required or permitted by law.
! Los Angeles Fires ®
Go to ca.gov/LA?res for wild?re tips and latest information Get more info.
Hg CONTRACTORS STATE LICENSE BOARI
OC0ntractor's LicenseDetailforLicense#
DISCLAIMER:A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.
» CSLBcomplaint disclosure is resrrictedby law 03th 7124.5] Ifthis entity is subject to public complaint disclosure click on link that will appear below for more information. Clickhere for a definition of disclosable actions. ) Only construction related Civiljudgments reported to CSLB are disclosed (BM27071.17). p Arbitrations are not listed unless the contractor lails to comply with the terms. > Due to workload,there may be relevantinformationthat has not yet been entered into the board's licensedatabase.
Data current as of 1/30/202510:26:38 AM
1595 PEACHTREE PKWY
SUITE 204-344 CUMMING,GA30041 Business Phone Number:(877) 248-1872 Entity Sole Ownership
Issue Date 06/29/2016
Expire Date 06/30/2026
Thislicense is current and active.
Allinformation below should be reviewed.
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C53vSWlMM|NG POOL
[if-Tl it“:li’rir'v/"iryifill
Contractor's Bond Thislicense filed a Contractor‘s Bond with ARCH INSURANCECOMPANV. Bond Number: SU71036610000 Bond Amount: $25,000 Effective Date: 01/01/2023 Contractor's Bond History Thislicense has workers compensation insurance with the WESCO lNSURANCECOMPANY Policy Number:WWC3583982 Effective Date: 12/24/2023
Expire Date: 12/24/2024 Workers' Compensation History
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The board does not verify or investigate the accuracy of classi?cation codes displayed.
USA Management
Proposal April 23, 201 8
Agreement May 4, 2018
Company Names
USA Management/ USAPools of California
Staff Member/ Roster
Alison Abbott
John Williams
Morris Barkley
Carmen Zamudio
VQI
Furbee Aquatic Center
Program Management RFP
Prepared by:
Johanna Sveden
877.248.1872 X708
[email protected]
April 20, 2018
City of Desert Hot Springs
Office of Special Projects
John Holcomb
All,
Decades of service have prepared our respective teams for this opportunity to partner together in the management of your Aquatics center in the City of Desert Hot Springs. We appreciate you recognizing USA Management as the most experienced Aquatic center management firm in the nation that complies with each and every aspect of Facility Management Services. USA Management through our strategic partnerships with NRPA,City Managers Association, National League of Cities, World Waterpark Association, Centers of Disease Control, USA Swimming, CMAA, National Club association, NSPF,CAI,ICMA,APSP, American Red Cross, Athletic Business, ARDA,NACO,lAAPA,NAA, AHLA,WOWSA, serves and collaborates to establish SAFETYsystems that are transforming the industry standards in the Aquatics industry.
USAcontinues to operate as the STANDARDthat pool management companies attempt to duplicate.
You need an Aquatics management firm and not a backyard pool company. We appreciate the time you continue to invest with USA Management in assessing the professional needs of the Recreation facility for the City of Desert Hot Springs. The results of this RFPwill confirm to your evaluation team that other companies are viewing this bid opportunity as a ”lottery ticket” to their fledgling operation. You have numerous ”small operators” attempting to gain the City’sbusiness that lack the experience, personnel, infrastructure, financial support, and operations to serve your needs. They will attempt to ”buy your business" by being the lowest bidder providing a bid that seems to be in the best interest to your city’s patrons. But please don’t be fooled by this too-good-to—be-true pricing! Other operations have taken our systems and programs and changed the name in order to compete with marketing material; however, you will conclude that none ofthe vendors competing for this business have the leadership, experience, technology, or municipality management experience to serve the demands of your operation.
The management of the Furbee Aquatic Center will require a partner that eats, sleeps, and breaths Desert Hot Springs. We welcome you to the USA Experience and willserve with you to expand the safety standard of the facilities. City of Desert Hot Springs will be a Nationally Recognized Benchmark for Aquatic Safety Systems in the first year of operation. Together we will launch the ”USAClear Alliance” system that provides complete TRANSPARENCYof all aquatic programs, total water quality, pool users, I—swimaccess controls cards, full financial and record keeping access online and a revenue generation package that is PROVEN to increase revenues in the first term of our agreement by a minimum of 10% guaranteedll In some Municipalities we have increased revenues by 500%.
IMAGINE THE POSSIBILITIES
This partnership is successful when our cooperative parties work together to establish operations that will abolish historical participation and revenue returns. We will transform the old views of swimming pools and the perception of aquatics as a ”HIGHRISK”money pit. Together we will INCREASEthe safety record, DECREASEthe subsidy, and DRIVEyour participation goals and patron satisfaction to a new standard. You will find in our package the information requested; however we need to put our leadership team in the same room to introduce you to a new age in aquatics.
Included is some information to help you better understand the Tradition and Commitment of being a part of the USA Management family. Also, you willfind attached an agreement that will provide a foundation for our successes and a breakdown of our relationship.
Our primary objectives are to ensure that your community enjoys a E, family oriented swimming environment, and that we provide a consistent, reliable service to your community. The USA Management Team is a large team of Aquatic Safety professionals, Riskadvisors, Corporate business leaders, and Community outreach leaders. We raise the bar in every aspect of facility management and customer satisfaction. Our safety procedures and extensive management experience provide for a highly trained and experienced staff to proactively serve your patrons.
From day one our teams will establish a Trust fund for REINVESTINGrevenues into the facility. We willwork with your leadership team to develop and fund the TRANSFORMATIONof the aquatic facility by adding features annually to enhance the patron experience with the latest in Aquatic design features.
The USAtraining institute has completely eliminated year—round staffing challenges with our strong employee base. Mandatory certifications, drug tests, continuing education, and unparalleled training systems develop a USATeam Member that is committed to our vision.
We are on call for your facility 24 hours a day, 7 days a week. You have the assurance that if a problem arises, we will have it fixed behind the scenes without impacting operation.
Isn’t it time that the aquatic industry truly manage an aquatic facility the RIGHTway? We at USA Management believe it is! We have spent hundreds of thousands of dollars in market research and many years investing and developing software to support the process of true aquatic management. We listen to our clients’ needs and are meeting the need using big data.
As we enter the evaluation period, we know that we are the voice and the stalwart leader in this industry.
We recognize the importance in having the experience, background, and knowledge to manage this type of operation and most importantly protecting the community from liability.
We appreciate your faith in USA Management for all of your operational needs.
With KindRegards,
National SesManager
USA Management
877. 248.1872 ext 707
IMAGINE THEPOSSIBILITIES MANAG USWI
,‘
/ _/
PROJECTTEAMMEMBERS
USAManagement has a complete management team in place to handle all aspects of this project.
Listed below are the team members that will be directly involved with the oversight and management of these aquatic facilities. Our staff is complete with professionals in all phases of our industry.
Operations and Management Team
Once the City has made a decision to hire USA Management, our full time management team will spring into action. USAManagement has 36 years of experience managing aquatic facilities across the country. Each team member has a minimum of 9 years experience with USA Management managing different aspects of aquatic facilities. Our Operations and Management Team will include:
Troy Avery — President /877.248.1872 / [email protected].
Troy works with each team leader to ensure that we are continuing to exceed expectations and holding all team members accountable.
— Vice President ofCorporate Operations /877.248.1872 / John@usamanagement. com.
John directly oversees all employees, while maintaining accurate and continuous lines of communication.
. National Sales Manager/877.248.1872 x707/[email protected].
Alison has eight years of experience with USA Management for our corporate office. She will provide guidance for all administrative needs within this project. m ITManager [877.248.1872 x303/[email protected] Morris will be reponsible for implementation and training on the use of Aquatic technology tools. He will coordinate with all departments to ensure proper and effective set up of technology aspects.
Katie Braselton — Client Relations Manager /877.248.1872 x720] [email protected].
Katie will be responsible for all day—to—dayoperations of the facility. Katie willwork directly on a daily basis with the designated contact person for the Aquatic Facility.
Johanna Sveden - New Client Start-Up [877.248.1872 x708/[email protected].
Johanna works as our Interim Aquatics Manager for this operation. Her initial role will be to start the Marketing and Promotions of all scheduled events, activities, and programs for this facility. She will also be in charge of the hiring process for a complete staff to operate each facility.
IMAGINE THE POSSIBILITIES
W
USAManagement, LLC Roswell,GA
National Sales Manager
Responsible for hiring 250 staff members each year.
Assist accounting office with all payroll entries and paperwork related to employment.
USAPools, Inc Roswell,GA
Office Manager/Human Resources Director
Managed office for company from 1994—1996.
Hired staff of 200 personnel each year.
Provide certification training through Red Cross for LGT,CPR,First Aid.
Provided staff training on facility operations.
Programmed swim lessons for over 100 facilities from 1996 to 2000.
USA Pools Roswell,GA
Pool Manager
Responsible for Opening/Closing of pool on a daily basis.
Responsible for scheduling of lifeguard staff of 10 each year.
Responsible for maintaining daily paperwork at each facility.
Education University of Central Florida Orlando, FL
Business Management
AFO Certified
LGITCertified
WSIT Certified
AEO Certified
IMAGINE THE POSSIBILITIES
USAManagement, LLC Roswell,GA
Vice President
Career Overview:
Over a decade developing, managing, and planning construction projects. Projects range from small aquatic repairs and renovations to full design and build of water parks, aquatic centers, and resort—stylepools. Excellence in understanding cost estimating and bidding with municipalities and/orprivate businesses. Proven team building and management skillsin contracting projects.
Among overseeing labor and equipment expenditures, delivering deadlines for all projects has been a priority. Keeping business current on regulations according'to state and federal guidelines.
USA Pools, Inc Roswell,GA
General Contractor
Managed 90% of construction related jobs for company.
Hired work crew and subcontracted when necessary forjobs.
Managed various work crew sizes.
Evaluated work crew on job performance.
Met all deadlines and guidelines for company.
USA Pools Roswell,GA
Pool Operations Manager
Responsible for Opening/Closing of pool on a daily basis.
Responsible for scheduling of lifeguard staff of 10 each year.
Responsible for maintaining daily paperwork at each facility.
Education University of Georgia Athens, GA
B.A., Business Management
AFO Certified
LGITCertified
WSITCertified
AEO Certified
IMAGINE THE POSSIBILITIES
Aguatic Management Agreement
THISAGREEMENT,between USA Pools of California (the ”Company") and City of Desert Hot Springs (the ”Owner"), is to provide management services by the Company of the Owner’s aquatic facility located in Riverside County, CA, in accordance with the specifications, conditions, and terms set forth herein.
1. OPERATIONALTIMES
DATES OF OPERATION:
May 15, 2018 through September 15, 2018
HOURS OF OPERATION:
Monday 6:30am-11am, 12pm-7pm Thursday 6:30am-11am, 12pm-7pm Sunday Closed Tuesday 6:30am-llam, 12pm-7pm Friday 6:30am-11am, 12pm-7pm Holiday 10am-7pm Wednesday 6:30am-11am, 12pm-7pm Saturday 10am-7pm
2. SCOPE OF SERVICES:
Advertise & Recruit Promote Programs & Events Manage Daily Operations Interview & Pre-Screen ‘ Hire & On--boarding Risk Management Training SupportWater Safety Provide Staff
Swim Lessons AquaticProgramming Community Outreach
3. PAYMENTS:The Campanyhereby proposes to perform theIWOrkand services set forth above for the price of $68,180. 00Ofor the 2018 (1 year) swim year upon the specifications, conditions, and terms as set forth herein. Paymentsby Ownerto Company shall be madeIn accordance with the following schedule:
DUE
TotalContract Price 15-Sep 1-Dec 1-Feb 1-Apr 1—Jun 1-Jul 1-Aug 1Year $68,180.00 $3,409.00 $3,409.00 $3,409.00 $6,818.00 $20,454.00$20,454.00 $10,227.00 Note: ifpaymentschedu/e iSpast the month ofsigning, payments must be caught up tore?ect the payment schedule
4. PROPOSAL EXPIRATION OPTION: Thiscontract is voidat the Company' 5 option if not executed by the Owner and returned to the Company by May 15,2018.
5. ACCEPTANCE:Acceptance of this Agreement by Owner through signatures below, along with any payments due above will constitute a contract entered into in accordance with the specifications, terms, and conditions and addenda attached hereto. Owner may cancel the Agreement for nonperformance by the Company as provided in the Cancellation section of the Agreement. Owner acknowledges that it owns and/oroperates the pool facility and has legal capacity and authority to enter into this agreement and bind the property owner of the pool facility. Owner agrees to the contract specifications in the proceeding body Agreement. Any actual changes must be listed in a separate Addendum.
City ofDesert Hot Springs
By: . ,, . . By:
Name: Authorized Agent — ”Owner”
By: Contract Department Date:
Date: April 24, 2018
IN WITNESS WHEREOF, the City and Licensee have executed this Agreement as of the date ?rst written above.
“Licensee”
USA Management, LLC
Troy Avery, resident
“City"
City of Desert Hot Springs
SWM Scott Matas (May3, 2018)
Scott Matas, Mayor
ATTEST:
12W
Jerryl Soriano (May3, 2018)
Jerryi Soriano, City Clerk
APPROVED AS TO FORM:
I I
ennifer Mizrahi, City Attorney
SR-25-020
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: February 4, 2025
Department: Public Works
Prepared by: Nicholas Haecker, Public Works Director
Subject: Amendment to the Professional Services Agreement with David Volz Design for the Reflection Park Project.
RECOMMENDATION:
Approve the Amendment to the Professional Services Agreement with David Volz Design in the amount of$173,682 for architectural design services for the Reflection Park Design Project.
BACKGROUND:
On December 3, 2019, the City Council approved the rehabilitation of Hot Springs Park into Reflection Park, and authorized City Staff to submit a grant application for CDBG funding for construction.
On October 20, 2020, the City was awarded $291,000 in CDBG 2020-21 funding for construction of Reflection Park Phase II, and all supplemental agreements were executed between the City and Riverside County.
On April 6, 2021, the City Council approved City Staff’s recommendation to award David Volz Design (DVD) a Professional Services Agreement for Architectural Design for the Reflection Park Design Project. This Professional Services Agreement was in an amount not to exceed $46,333.00 with a contingency of $13,899.90 (30%) for any additional work as approved by the City, which brought the total budget to $60,232.90.
DISCUSSION:
On November 30, 2023, City Staff received an amended proposal from David Volz Design providing Professional Landscape Architecture Services for Reflection Park. The proposal was in response to a change to the Project Scope from the City. The original Project Scope for Reflection Park was only to address 1/10 of an acre, located at the northwest corner of 8th Street and Palm Drive. This area is where, at the time, there was an existing fountain.
The new Project Scope increased to include the entire 1-acre site so that future improvements could be addressed including the removal of the sedimentary wall and fountain feature, and the replacement of site lighting with new solar LED light poles, and the relocation of the existing metal fence to the property line. Additional improvements added to the scope also included adding additional sidewalk replacement along Palm Drive to accommodate the 6% street slope. This allowed for the removal of the existing non-compliant walk with the metal handrails.
SR-25-020
In the proposal, additional services were required. The following are the list of additional services; additional survey and recording for the western property line required a Quit Claim Deed, increasing the survey area from 0.1 acres to 1.0 acres, relocating fencing to the property line, accessibility upgrades to the sidewalk within the right-of-way, increasing the area of improvements from 0.1 acres to 1.0 acres and providing new site lighting for 1.0 acres. The proposal for this change in the scope of work was $173,682.
On March 5, 2024, the City Council approved the Mid-Year Budget Adjustments for the 2023-2024 Fiscal Year. The Mid-Year Budget Adjustments included “Quimby Fund (111) increasing the expenditure budget appropriations by $356,636 for the Corporate Yard Park and Reflection Park Rehabilitation projects, which included the proposed increase in costs of $173,682.
Although the additional funding allocation was approved per the proposed changes in the scope of work, the Amendment to the Professional Services Agreement was not taken to City Council for authorization to execute.
Staff is recommending that the City Council approve the Amendment to the Professional Services Agreement with David Volz Design in the amount of $173,682 for Architectural Design Services for the Reflection Park Design Project.
FISCAL IMPACT:
There is no fiscal impact as the amendment to the Professional Services Agreement was already approved in the Mid-Year Budget Adjustment for FY 2023-2024.
Funding was through Quimby Fund (111).
ATTACHMENTS:
1) David Volz Design Amendment
2) Amended Proposal David Volz Design
3) Staff Report - 2023-24 Mid Year Budget Adjustment
C2014/000 - 1240443.1
FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
CITY OF DESERT HOT SPRINGS
AND
DAVID VOLZ DESIGN
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF DESERT HOT SPRINGS AND DAVID VOLZ DESIGN, a California Corporation (hereinafter, the “Amendment”), is made and entered into as of February 4, 2025, by and between the City of Desert Hot Springs, a municipal corporation, in the County of Riverside, State of California, hereinafter referred to as the “City,” and David Volz Design, hereinafter referred to as “Consultant,” with the City and Consultant sometimes together referred to herein as the “Parties.”
RECITALS
WHEREAS, the Parties previously entered into that certain Professional Services Agreement on or about April 6, 2021 (hereinafter, the “Agreement”), professional landscape architecture services for a portion of Reflection Park on an as directed by the City on an as needed basis; and
WHEREAS, the City desires to amend the Agreement to expand the Scope of Work to encompass the entire Reflection Park; and
WHEREAS, the Consultant’s compensation should be increased to match the additional services that he will provide.
NOW THEREFORE, in consideration of the foregoing recitals and other good and valuable considerations, the receipt and adequacy of which is hereby acknowledged, the Parties hereby agree as follows:
AGREEMENT
Section 1. RECITALS
The Recitals set forth above are hereby incorporated into this Amendment by this reference, as though fully set forth herein.
Section 2. DEFINITIONS AND TERMS
All words, terms and phrases used or referenced in this Amendment, not expressly defined in this Amendment, shall have the same meaning ascribed to them in the Agreement.
C2014/000 - 1240443.1
Section 2. Exhibit A, SCOPE OF SERVICES
Exhibit A, “Scope of Services,” as incorporated and referenced in the Agreement, shall be replaced and amended as attached hereto.
Section 3. COMPENSATION
Section 4 of the Agreement shall be amended to read as follows:
The City agrees to pay Consultant for and in consideration of the faithful performance of the Services and duties set forth in this Agreement, and Consultant agrees to accept from the City, as and for compensation for the faithful performance of said Services and duties, an amount not to exceed One Hundred Seventy Three Thousand Six Hundred Eighty Two Dollars and Zero Cents ($173,682.00).
Section 4. REMAINING PROVISIONS
All other remaining terms and conditions of the Agreement shall remain unchanged.
[THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
C2014/000 - 1240443.1
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment 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:
_____________________________
Jennifer Mizrahi, City Attorney
DAVID VOLZ DESIGN
________________________________
David Volz, President
DVD
Landscape Architects and Park Planners
David Volz Design
Corporate Office
151 Kalmus Drive, Suite M8
Costa Mesa, CA 92626
714.641.1300
Coachella Valley Office
78060 Calle Estado
La Quinta, CA 92253
760.580.5165
San Jose Office
111 North Market Street, Suite 300
San Jose, CA 95113
669.444.0461
DESIGNING LANDSCAPES THAT
CREATE COMMUNITY
www.dvolzdesign.com
November 30, 2023
Nicholas Haecker
Public Works Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
RE: PROPOSAL TO PROVIDE PROFESSIONAL LANDSCAPE ARCHITECTURE SERVICES FOR
CONSTRUCTION DOCUMENTS FOR REFLECTIONS PARK
Dear Mr. Haecker,
We are excited to continue working with you on this great project. After the extensive planning process, we are proposing a construction document package for Reflections Park. The approval concept plan will serve as the basis of design, which will include hardscape, landscape of mostly trees, irrigation, and a monument sign. As a part of our scope, we are including bidding assistance and construction period services. The DVD team will include our civil engineer, Rick Engineering, who will prepare grading and drainage plans, and our electrical engineer, DWE, to provide site lighting and electrical plans for this project. DVD will assist in submitting landscape plans to the Coachella Valley Water District. Permitting and plan checking fees will be paid for by the City of Desert Hot Springs. Please see the attached scope of services.
Should you have any questions on this or any landscape matter, please do not hesitate to call.
Very truly yours,
DAVID VOLZ DESIGN
David J. Volz, R.L.A. # 2375
LEED Accredited Professional, QSD/QSP
R EFLEC T IONS PARK CDS , CI T Y OF DESERT OT SPRING S DVD
WORK PLAN
TASK 1 – PROJECT START-UP
1.01 Kick-off meeting
a. Review scope and schedule
b. Assign calendar dates to each milestone
1.02 Site Review/Field Investigation
1.03 Prepare base map
TASK 2 - CONSTRUCTION DOCUMENTS (60%
AND 90% SUBMITTALS)
2.01 Prepare construction drawings
a. Demolition plan
b. Site landscape construction plan and
details
c. Irrigation plan and details
d. Final landscape plan and details
e. Civil plan and details (see attached civil
proposal)
f. Electrical plan and details (see attached
electrical proposal)
2.02 Prepare technical specifications
2.03 Prepare probable opinion of construction
cost
2.04 Submittal/review at 60% and 90%
MEETINGS & DELIVERABLES
Construction plans (60% and 90% submittals)
Construction technical specifications
Construction budget estimate
City staff meetings (bi-weekly)
Meeting summaries
TASK 3 - FINAL CONSTRUCTION DOCUMENTS
3.01 City project team review of work-to-date
3.02 Update construction drawings per city plan
check and CVWD comments
a. Provide structural details and
calculations
DVD will prepare construction documents for implementing the final conceptual plan for Reflections Park.
The plans and specifications will address the improvement program. b. Technical specifications
c. Probable opinion of construction cost
estimates
3.03 Internal quality control review
MEETINGS & DELIVERABLES
Final Construction plans
Final Construction technical specifications
Final Construction budget estimate
City staff meetings (bi-weekly)
Meeting summaries
TASK 4 - CONSTRUCTION PERIOD SERVICES
4.01 Bidding Assistance
a. Provide answers to pertinent pre-bid
questions
b. Assist the city in evaluation of bids
4.02 Construction Assistance
a. Attend pre-construction meeting
b. Respond to project Requests for
Information (RFI’s) and Submittals
c. Participate in construction progress
meetings and prepare meeting
summary notes
MEETINGS & DELIVERABLES
Bidding assistance
RFI responses, instructions
Meeting summaries
City staff support services
R EFLEC T IONS PARK CDS , CI T Y OF DESERT OT SPRING S DVD
FEE SCHEDULE
PR SLA SLD LD PD AD
Scope of Services $230 $175 $155 $140 $120 $110
Task 1 - Project Initialization 1 4 16 8 8 37 $ 5,250
Task 2 - Construction Documents 8 80 160 80 100 16 444 $ 65,600 Task 3 - Final Construction Documents 2 24 40 20 48 4 138 $ 19,860 Task 4 - Construction Period Services 40 40 8 16 104 $ 15,920 11 148 256 100 164 44 723 $ 106,630
Civil Engineering Services $ 41,113
Electrical Engineering Services $ 9,039
Structural Engineering Services $ 6,900
CVWD Water District Approval $ 5,000
Reimbursable expenses, printing, copying, postage, etc. $ 5,000 TOTAL PROPOSED DESIGN FEE $ 173,682
Total
Hrs
Fee
1. Structural calculations will be submitted with final construction drawings.
2. Soils and geotechincal engineering are not included in our scope of services.
3. Potholing is not included in our scope of services.
4. Bonds, utility charges, public agency fees and title company fees are not included in our scope of services.
5. WQMP, BMP Design, Drainage study, FEMA, and SWPPP are not included in our scope of services.
6. Voice/Data communication lines, CCTV, audio and video are not included in our scope of services.
\\cp.rickeng.com\projects\C19000\19435_ReflectionsPark\Admin\Contracts\Proposals\20231127 Reflections Park CDs.doc November 27, 2023
Mr. David Volz, RLA LEED
David Volz Design Landscape Architects, Inc
151 Kalmus Drive, Suite M8
Costa Mesa, CA 92626
SUBJECT: PROPOSAL FOR FINAL CIVIL ENGINEERING SERVICES
FOR THE CITY OF DESERT HOT SPRINGS REFLECTIONS PARK PROJECT RICK ENGINEERING COMPANY JOB NUMBER 19435-A
Dear Mr. Volz:
Pursuant to your request, Rick Engineering Company is pleased to present this proposal to provide professional civil engineering services for the subject project.
I. PROJECT LOCATION
Reflections Park is located at the northwest corner of Palm Drive and 8th Street in the City of Desert Hot Springs, CA. Formerly known as Hot Springs Park. APN 639-093-065.
II. PROJECT DESCRIPTION
The project proposes design services for the construction of Reflections Park as shown on Concept Plan dated October 21, 2021, received on November 20, 2023. The project proposes new ADA sidewalk, a rest area, and two (2) ADA curb ramps at the existing northerly and southerly street intersections. Scope includes demolition of the existing fountains, pump equipment, canopy trees, landscape, and associated hardscape.
III. SCOPE OF WORK
Consultant agrees to perform the following listed services for the compensation stated in IV below.
A. Final Civil Engineering (CDs)
1. Supplemental Field Survey
Provide supplemental land surveying services for the project site and of existing surface improvements and utility infrastructure within 25’ of project limits for tie in design topo.
Original field topo survey was performed on 7/8/2021. Scope is prevailing wage and assumes one 10 hour day (2 hour travel time and 8 hours survey), if additional survey is required additional fees will be required. Scope excludes GPR or aerial topo or private utility location services.
2. Precise Grading Plans
Prepare precise grading plans for review and approval. Plan to show existing adjacent improvements within 25’ of project limits, parking, ADA access, drainage, hardscape
Mr. Volz
November 27, 2023
\\cp.rickeng.com\projects\C19000\19435_ReflectionsPark\Admin\Contracts\Proposals\20231127 Reflections Park CDs.doc features and landscape areas as required for on-site improvements. Plans to be prepared at a scale of 1” = 20’. Plan to show:
• Existing and proposed property lines and constraints. A record of Survey is required to show the westerly property line as this line was created with a Quit Claim Deed. Record of Survey scope and fee is included below. • Existing topography and planimetric features.
• Existing utility infrastructure.
• Limits of demolition and removals.
• Erosion Control Sheet.
• Graded slopes as required.
• Drainage by swales and/or curb and gutters. No storm drain is proposed. • Proposed site hardscape.
• Proposed finished surface elevations.
• Proposed gradients of improvements.
• Retaining walls required by site layout to be shown for horizontal and vertical location only. American Public Works Association standard structural details will be provided for retaining walls. Project specific structural design of retaining walls is not part of this Scope of Work. Type and finish per Landscape Construction Drawings.
• Horizontal control for proposed improvements.
• Scope excludes separate offsite street improvement plans, street cross sections, separate utility plans, or traffic control plans if required.
Work product is approved plans and a 2D model. If a 3D model is requested by client/client’s contractor for construction purposes, additional scope and fee may be necessary. Scope excludes offsite improvement plans or modifications to existing offsite agency plans if required. Scope excludes 3D rendering.
The following items are assumed to not be required:
• WQMP – This project is not a Priority Development Project according to the eight categories within the WQMP Guidance for the Whitewater Region.
Therefore, a WQMP should not be required. If requested by the City a separate scope and fee may be required.
• BMP Design – Not applicable as this project is not a Priority Development Project
• Drainage Study – Not anticipated to be required as the project is proposing a net decrease of impervious area, and will not modify the existing curb, gutter, or storm drain system. If requested by the City a separate scope and fee may be required.
• FEMA – The project improvements will be outside of the FEMA floodplain/floodway limits; therefore, any submittals/processing thru FEMA should not be applicable.
• SWPPP- The project is disturbing less than 1 Acre..
3. Record of Survey (if required)
Preliminary research indicates that the establishment of one or more property lines are not reflected by record mapping. Lots 45 through 49 of Tract Map No. 2639 have been mapped. A portion of those lots were deeded to the City of Desert Hot Springs per
Mr. Volz
November 27, 2023
\\cp.rickeng.com\projects\C19000\19435_ReflectionsPark\Admin\Contracts\Proposals\20231127 Reflections Park CDs.doc Document 1994-366947. Those portions have never been mapped and therefor require a Record of Survey. Therefore, pursuant to Paragraph 8762(b)(4) of the Business and Professions Code the filing of a record of survey is required.
As such Consultant will prepare, process, and file a Record of Survey with the County of Riverside. Any fees are to be paid by the Client. Filing fees are noted to be $500 and not included in this fee.
If, upon further research, it is found that the line is mapped the Record of Survey will not be required.
4. PM-10 Plan
Consultant will prepare and submit to the City of Desert Hot Springs one PM-10 Plan for the project in conformance with South Coast Air Quality Management District guidelines.
5. Project Management, Meetings and Coordination
Provide project management and plan processing. Attend meetings with Client, Client’s other consultants, sub-consultants, and agencies as required. Coordinate design with Client, Client’s other consultants, and sub-consultant including providing base plans. A maximum of ten (10) hours is included within this Scope of Services. Scope excludes community outreach (to be covered by others).
6. Bid Assistance
Consultant will assist Client in the bid process by attending one (1) virtual pre-bid meeting and answering questions relating to the engineering plans prepared by Consultant. Scope does not include preparation of any specifications or bid documents.
Actual time constraint is unknown. A budget of five (5) hours has been assumed for this task.
B. Construction Administration
1. Construction Administration
Provide Construction Administration during the construction of the proposed project improvements. Includes review and response to Request For Information (RFI) and Submittal approvals from project contractor. A maximum of ten (10) hours is included within this Scope of Services.
2. Project Closeout
Consultant will prepare As-Built Plans for the related Civil plans. Scope assumes consultant will receive as-built letters from the contractors and the contractor’s as-built plan markup’s. Scope assumes no major changes have occurred and does not include any as-built survey time.
The set of documents shall consist of the corrected plans showing the reported locations of the work. While the information submitted by the contractor or governing agency and
Mr. Volz
November 27, 2023
\\cp.rickeng.com\projects\C19000\19435_ReflectionsPark\Admin\Contracts\Proposals\20231127 Reflections Park CDs.doc incorporated by the design professional into the record will be assumed reliable, the design professional will not be responsible for the accuracy of this information nor for the errors or omissions which may appear in the record documents as a result.
IV. FEES, CHARGES AND TERMS
For the services outlined in Item III above, the Client agrees to pay the Consultant a total fee as indicated below.
Fees and expenses will be billed monthly as the work progresses and the net amount shall be due within thirty (30) days from the date of receipt of the invoice in the Client’s office.
Overtime work authorized to expedite this project shall be charged out at 1.5 times normal billing rates, 2.0 on Sundays and Holidays.
All time will be billed per the following schedule:
A. Final Civil Engineering (CDs)
1. Supplemental Field Survey........................................................................................ $3,500
2. Precise Grading Plan................................................................................................ $13,000
3. Record of Survey (if required)................................................................................... $7,500
4. PM-10 Plan ................................................................................................................ $4,000
5. Project Management, Meetings and Coordination..................................................... $2,500
6. Bid Assistance............................................................................................................ $1,250 Final Civil Engineering Total $31,750
B. Construction Administration
1. Construction Administration...................................................................................... $2,500
2. Project Closeout......................................................................................................... $1,500 Construction Administration Total $4,000
Final Civil Engineering + CA Total $35,750
V. ADDITIONAL SERVICES
The following items may be required, but are not included in the scope of work outlined in Item II above. Additional authorization will be required for these services.
A. Changes in scope of design directed and authorized by Client, in writing, after the start of working drawings. In this case, the amount of extra work shall be that required to bring the
Mr. Volz
November 27, 2023
\\cp.rickeng.com\projects\C19000\19435_ReflectionsPark\Admin\Contracts\Proposals\20231127 Reflections Park CDs.doc revised work to the same stage of completion as the original work at the time of the change order. In the event the Client desires any changes to the above scope of work, the terms and conditions indicated in Items II and III are subject to revision.
B. Work of a general or promotional nature not connected with the actual design, approval, or construction of the project.
C. Design and approval of a water or sewer net analysis, booster stations, pressure reducing stations, sewer pump stations, reclaimed water systems or other utility systems, and the legal descriptions or plat preparations thereof.
D. Design of offsite water, sewer, storm drain or streets outside the subdivision boundaries other than where noted.
E. Construction changes, as-built plans, and/or positive drainage reviews. Note that agency requirements often necessitate the use of miscellaneous field surveys to verify as-built conditions.
F. Administration, processing or negotiations to obtain approvals and/or signatures from third parties for such items as Letters of Permission, easements, access roads, driveways, etc.
G. Structural design of any structures or walls.
H. Storm Water Pollution Prevention Plan (SWPPP) less than 1 acre disturbed.
I. Composite Utility Plan, Storm Drain Plan, Hydrology/Hydraulic Calculations/Reports.
J. Easements, legal descriptions and plats, except as specified.
K. Any other services performed at the direction of the Client, which are not defined in the above-listed services, shall be in addition to those set forth in Item III of this agreement.
VI. CLIENT FURNISHED SERVICES
Client shall be responsible for and pay:
A. All bonds, utility charges, public agency fees, and title company fees.
B. Soils/Geotechnical engineering, testing and inspection fees.
C. Blueprinting, plotting, photo work and miscellaneous reproduction costs required by Consultant, Owner, Client, Contractor, public agency and other consultants, deliveries and mileage.
D. Potholing and cost of equipment rental.
E. Dry utility design.
Mr. Volz
November 27, 2023
\\cp.rickeng.com\projects\C19000\19435_ReflectionsPark\Admin\Contracts\Proposals\20231127 Reflections Park CDs.doc VII. MISCELLANEOUS PROVISIONS
A. The Standard Provisions, set forth upon the Rick Engineering Company form, are incorporated herein and made a part of this agreement.
B. Pursuant to Section 8762 of the Business and Professions Code of the State of California, any resurvey of property, which discloses a "material discrepancy" between said resurvey or the original survey, and the original recorded map, shall require the recording of a Record of Survey that shall show such discrepancies. It shall be the responsibility of the Consultant to determine if such a record is necessary, and the cost of a Record of Survey shall be borne by the Client.
C. If notice to proceed and/or start of work is delayed for any reason beyond sixty (60) days it is understood by the parties that terms and conditions contained in Items III and IV are subject to change.
D. Engineering fees for work not performed one year after the date of this agreement shall be increased by five percent (5 %) per year for each year thereafter.
E. The Client agrees that the Consultant shall not be held responsible for any work not performed or constructed in accordance with the Consultant's plans and specifications. The Client also understands and agrees that the Consultant will not be observing actual construction work and will not perform any inspection of the improvements made to the property unless contracted to do so.
F. The Client agrees that the proposed improvements recommended as a result of this agreement are based on the scope of the contract description and funding; and that periodic reviews, recommendations and maintenance of the project will be required throughout its lifetime for those improvements to function at their design capacity.
G. Upon execution by the Client, this proposal shall become the Agreement for the services outlined above.
At your direction we are proceeding on this work as outlined above, and ask that you please sign and return this agreement as our written authorization.
If you have any questions regarding this proposal, please contact me at (951) 782-0707. Thank you for requesting Rick Engineering Company to provide these services.
Sincerely,
RICK ENGINEERING COMPANY
Kristin M Werksman, RCE 69317
Associate
Reflections Park
Initial ______
412 E. Vanderbilt Way | San Bernardino, CA 92408
Pacific Northwest 425.458.9700 | Southern California 909.890.3700 | DesignWestEng.com Date: November 27, 2023
Company: David Volz Design
151 Kalmus Drive, Suite M8
Costa Mesa, CA 92626
Attention: David Volz
Subject: Reflections Park
Our Proposal #P-2316607
PROJECT SCOPE
Provide Construction document design and specifications for Reflections Park located in Dessert Hot Springs, CA. Scope is to demo existing lighting and provide new low level lighting for trees. Existing electrical service and controls are to be reused and new circuits added as required.
PROJECT ASSUMPTIONS
1) Proposal based on drawings/SOW/RFP dated 11/23/2023
2) The following existing systems and equipment will be reused:
a) Electrical service and panelboards
3) Assume Electrical as-builts will be provided
4) Code cycle: 2022
5) Construction and Bid support is included
SERVICES INCLUDED
1) (1) Pre-design site visit for verification of existing conditions 2) (2) Virtual conference/coordination meetings
3) Electrical specifications provided on plan sheets
4) Licensed Professional Engineers stamp and signature
5) Review of quantities and scope within construction costs estimates provided by architect 6) Electrical site plan including the following:
a) Site lighting layout, circuiting, and control wiring diagram for general lighting purposes b) Point by Point of site lighting foot candle levels
c) Schedule of lighting fixtures
d) Energy code lighting compliance forms
e) Coordination with existing electrical service and panelboards f) Distribution and branch panel locations
g) Single line diagram
h) Load schedules
Reflections Park
Initial ______
Mechanical I Electrical I Plumbing I Commissioning I Fire Protection I Technology I Energy i) Panel schedules
j) Voltage drop calculations
7) Deliverables as follows:
a) Progress sets at the request of client - .pdf electronic files b) For submission/re-submission to Plan Check - .pdf electronic files 8) Plan Check and Permit support services:
a) Completion of applicable governing agency plan check comments 9) Construction administration support services:
a) Provide response to RFIs to Architect
b) Review and return to the Architect, shop drawings and submittals c) (1) Site visit with final “punch list”
SERVICES NOT INCLUDED
1) LEED Documentation, Credit Analysis or Credit Templates 2) Commissioning and/or Energy Code acceptance testing services 3) Documenting existing Electrical systems beyond major components. Major components consist of Electrical equipment. If accurate As-Built or record drawings are not provided, and additional time is required to verify size and location of lighting and electrical wiring, additional fees will be required. 4) Background generation
5) Upgrade to existing electrical service or panelboards due to inadequate capacity or condition 6) Site improvements
7) Project meetings, construction site visits, or recurring coordination meeting conference calls beyond those listed in scope
8) Detailed estimate of probable construction cost
9) Revisions to our plans after plan check approval due to changes in design, such as floor plan and site plan modifications, or additional scope changes
10) Calculation of plan check and/or building permit fees or payment thereof 11) Delivery of plans to City or County agencies
12) Printing of additional sets of drawings other than listed in scope 13) Material and equipment take-offs for bidding
14) Construction contract bid negotiation process
15) Electrical services for building other than those listed in scope of work 16) Preparation of record/AS-built drawings
17) Preparation of multiple drawings or drawing set for separate construction phasing unless specifically indicated in Project Scope or Services Included
18) Sub-contracts with any other consultants such as Structural Engineers, or Architects for out of scope work such as equipment platforms and support or site lighting pole base calculations 19) Verifying locations of existing underground utilities which transit the site 20) Design of solar photovoltaic systems and energy storage systems and calculations 21) Special effect lighting systems such as Theatrical lighting 22) Temporary power design
23) Load monitoring of existing electrical systems or circuit tracing of existing circuits and feeders 24) Emergency engine generator fuel supply systems remote from the generator; engine exhaust air pollution control/abatement systems and permits (AQMD); engine generator cooling/combustion air
Reflections Park
Initial ______
Mechanical I Electrical I Plumbing I Commissioning I Fire Protection I Technology I Energy supply/return systems
25) Public street lighting, traffic control, street improvements and offsite utilities 26) Arc flash hazard analysis and protective device coordination study 27) Application or documentation for rebate program(s) other than listed in scope 28) Any coordination or permit application/acquisition for local department of transportation and/or any other agency not shown in the “inclusions” portion of the Scope of Work 29) Low voltage systems design and equipment specifications including the following:
a) Voice/Data, Network and Intercom systems
b) CCTV and Cable television systems
c) Building and site Fire alarm system
d) Security and Access Control systems
e) Audio/Video and Music/paging systems
DRAWING DESIGN FORMAT
Software used to for construction drawings will be based on the following:
AutoCad® version 2020 or later
PROVIDED BY CLIENT
1) Record drawings of existing MEP systems
2) Project street address
3) Computer drawings files and associated support files as well as drawing format requirements 4) Catalog cuts of specific fixtures or equipment requested by your office or owner 5) Requirements of all equipment specified by your office and/or other consultants to be connected to electrical service
6) Name, address and telephone number of any available project contacts (i.e. additional consultants, plan check, owner’s representative)
7) Restrictions or requirements to the property put in effect through conditional use permits or other likewise attachments to this property
8) Billing schedule for invoicing if specific requirements apply 9) 30-Day load recordings for requested electrical panels intended to be reused and 12 months of electric utility bills for verification of existing peak demand on main service FEE
We propose to provide services as outlined in the proposal for subject project for the sum of $7,860.00.
The breakdown of fees is as follows:
Electrical Design Documents $5,480.00
Construction Administration $2,380.00
Total Fee $7,860.00
NOTES
1) Attendance at design meetings at client’s office, other than listed above, will be performed for the additional fee of $950.00 per meeting, per person, up to two hours. Meeting time in excess of two
Reflections Park
Initial ______
Mechanical I Electrical I Plumbing I Commissioning I Fire Protection I Technology I Energy hours will be billed at $170.00 per hour.
2) Attendance at virtual design meetings, other than listed above, will be billed at $170.00 per hour per person.
3) Attendance at site meeting(s), other than listed above, will be performed for the additional fee of $950.00 per trip, per person, for up to two hours. Site meeting time in excess of two hours will be billed at $170.00 per hour, per person.
4) Design West Engineering shall be provided by the client such information as is available to the client and the clients’ consultants and contractors and shall be entitled to rely upon the accuracy and completeness thereof.
5) Design West Engineering’s fees are based on the understanding that the existing utilities and equipment have adequate capacity unless noted otherwise above. Any additional engineering required for upgrade will be provided at our regular hourly rates. Any services required during construction, outside of those listed previously, will be performed at our regular hourly rates. 6) If either party to this contract brings action to enforce this contract, the prevailing party shall recover its attorney’s fees and cost from the losing party.
REIMBURSABLE EXPENSES
The following expenses, if incurred and paid by consultant while rendering services under this agreement shall be reimbursed by the client:
1) Reproduction expenses over and above standard design development coordination shall be billed at $10.00 a sheet
2) Travel expenses for mileage, which shall be billed at $0.66/mile 3) Postage, shipping and handling of any requested expedited delivery 4) Outside services or consultants where required and approved in advance 5) Other such expenses as may be approved in advance
All reimbursable expenses shall be approved in advance. Payment for reimbursable expenses, as described herein, shall be computed at one and ten hundredths (1.10) times the amounts expended by the consultant for such services, in the interest of the project.
TERMS AND CONDITIONS
The following Terms and Conditions will govern all services performed on behalf of Client and are hereby incorporated into the Engineering Services Fee Proposal. 1) Design Services. Design documents including plans, specifications and reports represent Design West Engineering’s (“DWE”) judgment as a design professional with respect to the proper installation of equipment and components of the work. It is recognized, however, that DWE does not have control over contractor’s proper performance of the work, including but not limited to the contractor’s means, methods, techniques, sequences and procedures of construction. Accordingly, DWE cannot and does not warrant or represent that equipment and components of the work will not vary from the requirements of the contract documents or comply with applicable codes. DWE does not perform any work of a contractor and its Design Services are limited to design, plans, and oversight only. No withholding, deductions or offsets shall be made from DWE’s compensation for any reason unless DWE has been found to be legally liable for such amounts. Payment of DWE’s fees shall be a condition
SR-24-053
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: March 5, 2024
Department: Administrative Services
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: Mid-Year Budget Adjustments for the 2023-2024 Fiscal Year RECOMMENDATION:
Adopt a Resolution of the City Council approving the mid-year downward budget adjustments for the 2023-2024 Fiscal Year.
BACKGROUND:
During the regular course of business, adjustments to the budget become necessary as new information for more accurate estimates become available. Staff is able to make changes to the forecasted revenues based on new information that is received during the fiscal year. In addition, as actual changes in programs occur, such as changes in staff positions, and new or altered demands for contracted services, expenditure forecasts can be made more accurate. These adjustments allow for the City to continue daily operations, on-going repairs, maintenance, and improvements to the City’s public facilities and to provide appropriations for unanticipated expenses.
The City’s Finance Staff worked in cooperation with staff from other City departments to determine the changes in their needs for FY 2023-2024. The items presented here are the adjustments for FY2023-2024 for the City Council’s review. As to date, these adjustments reflect staffing changes, other operational changes, and improvement projects, in the context of declining local revenue DISCUSSION:
-Consolidated General Fund: Revenue Reduction
The Consolidated General Fund consists of three funds used to account for virtually all required services funded predominantly with discretionary revenue sources that help to properly maintain clean, safe, well-lit city streets and parks and other essential core City services like emergency response, roads, police, and addressing homelessness. Those funds are as follows:
General Fund (Fund 100)
Emergency Reserve Fund (Fund 212)
Public Safety Fund (Fund 245)
The summary of the mid-year budget adjustments for FY2023-2024 in the Consolidated General Fund are as follows:
SR-24-053
Consolidated General Fund FY2023-2024 Mid-Year Adjustments Change in Revenues $188,272 decrease
Change in Expenses $1,397,244 increase
Revenues over Expenditures ($1,585,516)
The cannabis industry has been experiencing difficulty for the last several years. This has led to a reduction in the amount of cannabis tax collected by the City. In an effort to help ease the burden on the cannabis industry, the City has reduced the cultivation tax to $5.75 per square foot and redefined cultivation space to canopy space. This has resulted in a $1.9 million reduction in budgeted revenues for FY23-24. However, this reduction is partially offset by anticipated increases in other revenues such as Transient Occupancy Tax, Utility Users Tax, Property Taxes, and grant funding. These changes have resulted in a $188,272 decrease in budgeted revenues.
Increased Service Need Strains Current Budget
At the same time, the City is experiencing increases in annual expenditures, in order to continue providing the core services residents have told us are important to them, including 911 emergency response, addressing homelessness, and maintaining well-lit city streets and public places. In order to provide a plan for the unhoused, the City acquired a building on Hacienda and contracted with Martha’s Kitchen to open the HUB. The contract for the operations of the center will be $700,000 for FY23-24. With the transfer of the properties from the Coachella Valley Humane Society, the City has incurred additional maintenance costs. There is also the one-time purchase of over $350,000 for the old library building from the County. After Storm Hillary in August 2023, the City needed to spend over $1 million for clean up of storm debris. These items and some operations costs increases have significantly increased the budgeted expenditures for the Consolidated General Fund. In order to help offset these increases, the City has implemented some cost-savings measures. Staff have reduced spending in supplies, travel, and training. The City has also either reduced or terminated contract services for compliance, administration, and maintenance. In addition, the City has eliminated 12 full and part-time positions. Even with these cost-cutting measures put in place, City staff are still looking for other areas to save. These measures have resulted in an increase of $1,397,244 in budgeted expenditures for FY23-24.
Continuing Conditions Make Upcoming Budget Years More Challenging Since the above cost reductions have taken place during the latter part of the fiscal year, only a smaller portion is reflected in these budget adjustments. The full effect of these measures will be reflected in FY2024-2025. That is why staff is requesting the use of $1,549,914 of reserves for FY2023-2024.
Restricted Funds:
Fire Facilities DIF Fund (101) – Increase expenditure budget appropriations in the amount of $324,175 for the purchase of Medical Squad unit. The additional costs will be covered by fund balance.
SR-24-053
Parks DIF Fund (102): - Increase expenditure budget appropriations in the amount of $146,131 due to increased costs of the Tedesco Park Restroom Replacement Project. The additional costs will be covered by fund balance.
Streets/Traffic Signals/Bridges DIF (103): - Increase expenditure budget appropriations in the amount of $166,088 for the Golden Eagle Way and Two Bunch Palm/Park Traffic Signal Modification projects.
The additional costs will be covered by fund balance.
Community Facilities DIF Fund (106): - Increase expenditure budget appropriations in the amount of $629,230 for the improvements made to the HUB facility. The additional costs will be covered by fund balance.
Storm Drainage DIF Fund (108): - Increase expenditure budget appropriations in the amount of $67,712 for the Master Drainage Plan project. These costs will be covered by fund balance.
Quimby Fund (111): - Increase expenditure budget appropriations by $356,636 for the Corp Yard Park and Reflection Park Rehab projects. These costs will be covered by monies already available in the fund.
2020 Street Bond Fund (141): - Increase expenditure budget appropriations by $4,500 for bank administrative costs which were not included in the adopted budget. These costs will be covered by the available current revenues in the fund.
SB1 Roam Maintenance Fund (142): - Increase expenditure budget appropriations by $1,038,911 for the Pierson Bridge Repair Project and the Palm Drive Improvement Project from Pierson Blvd to Mission Lake. These costs will be covered by funds already available as well as deferring other expenditures to future years. The Pierson Bridge Repair Project will be reimbursed by CalOES and FHWA in the next year or two,
Community Development Block Grant (CDBG) Fund (145): - Increase revenues by $181,106 and increase expenditure budget appropriation by $181,0106 for the Tedesco Park Restroom Replacement Project.
Capital Improvement Project Fund (210): - Increase revenue estimates by $774,331 for the increased grant funding. Increase expenditure budget appropriations in the amount of $774,331 for the Palm Drive from Pierson Blvd to Mission Lakes Improvement Project and the Changeable Message Signs Project.
Health & Wellness Fund (211): - Increase revenue estimates by $42,109 with a transfer from the General Fund and by $6,000 for donations. Increase expenditure budget appropriations in the amount of $42,109 for increased operational costs, Little League, and the DHS Opening Doors program.
Public Facilities Capital Improvement Fund (222): - Increase expenditure appropriations by $11,000 for the Police Building Tenant Improvement Project. The expenditures will be covered by the Series 2021 Public Facilities Improvement Bond proceeds.
ARPA Fund (230): - Increase expenditure budget appropriations in the amount $1,281,550 for increased costs due to Storm Hillary for road clean-up and road repairs. These costs will be covered
SR-24-053
by fund balance and are expected to be reimbursed to the City from FEMA, CalOES, and FHWA in the next year or two.
RCTC Loan Fund (256): - This fund was established to track the usage of the loan from the Riverside County Transportation Commission(RCTC) for street repair projects damaged during Storm Hillary.
Increase expenditure budget appropriations in the amount of $7,778,494 for the Indian Canyon, Little Morongo Road, and Dillon Road Repair projects. The costs of the projects will be covered by the loan from RCTC and the City will be reimbursed by FHWA and CalOES in the next one or two years.
Cabot’s Museum Fund (270): - Increase expenditure budget appropriations by $6,191 for unanticipated repairs to wooden structures on the property. These costs will be covered by fund balance.
City-wide Landscape/Lighting Maintenance District Fund (501): - Increase revenue estimates by $119,000 by a transfer from the General Fund. Increase expenditure budget appropriations in the amount of $119,000 to cover additional park repairs and landscaping services.
Housing Authority Fund (700): - Increase expenditure budget appropriations by $223,619 due to increased workers comp charges and the Affordable Housing program with the County. The additional expenses will be covered by monies available in the fund.
CV Violent Crime Gang Task Force Fund (805): - Increase expenditure budget appropriation by $42,290 for operational costs. These costs will be covered by monies available in the fund.
FISCAL IMPACT:
Reserve Funds to Temporarily Mitigate over $1 Million Budget Shortfall For FY 2023-2024, these adjustments will change the projected revenues and expenditures in the Consolidated General Fund to be as follows:
Consolidated General Fund FY2023-2024 Amended Budget
Revenues $32,781,196
Expenses 34,331,110
Estimated Deficit ($1,549,914)
The above estimated for the Consolidated General Fund includes the use of fund balance in the amount of $352,000 for one-time purchase of the old library building already approved by Council.
With these budget changes, the Consolidated General Fund fund balance at 6/30/2024 is estimated to be over $8.4 million. The designations of that estimated fund balance as per the City’s reserve policy are as follows:
Fund Balance Category Amount Notes
Reserve for capital use $420,000 5% of reserves per policy Natural or Fiscal Emergency
Reserve $1,260,000 15% of reserves per policy
Cannabis Emergency Reserve $5,100.000 Annual deposit of 25% of
SR-24-053
cannabis tax revenues per
resolution
Unrestricted $1,620,000 Assigned to operations
Total $8,400,000
The Governmental Finance Officers Association recommends that appropriate level for unrestricted fund balance should be equal to two months of regular general fund operating expenditures. With an over $34 million annual expense, the recommended amount of unrestricted fund balance would be over $5.6 million (34/12*2). The estimated $1.6 million unrestricted fund balance at 6/30/2024 is significantly below that threshold, however, the previously mentioned cost saving measures will assist in increasing the unrestricted fund balance over the next several years.
Fire Facilities DIF Fund (101): - The overall fiscal impact increases expenditures by $324,175 with a net effect of ($324,175).
Parks DIF Fund (102): - The overall fiscal impact increases expenditures by $146,131 with a net effect of ($146,131).
Streets/Traffic Signals/Bridges DIF Fund (103): - The overall fiscal impact increases expenditures by $166,088 with a net effect of ($166,088).
Community Center Facilities DIF Fund (106): - The overall fiscal impact increases expenditures by $69,230 with a net effect of ($629,230).
Storm Drainage DIF Fund (108): - The overall fiscal impact increases expenditures by $67,712 with a net effect of $67,712.
Quimby Fund (111):- - The overall fiscal impact increases expenditures by $356,636 with a net effect of ($356,636).
2020 Street Bond Fund (141): - The overall fiscal impact increases expenditures by $4,500 with a net effect of ($4,500).
SB1 Road Maintenance Fund (142): - The overall fiscal impact increases expenditures by $1,038,911 with a net effect of ($1,038,911).
Community Development Block Grant Fund (145): - The overall fiscal impact increases revenues by $181,106 and increases expenditures by $181,106 with a net effect of $0.
Health & Wellness Fund (211): – The overall fiscal impact increases revenues by $42,109 and increases expenditures by $42,109 with a net effect of $0.
Public Facilities Capital Improvement Fund (222): - The overall fiscal impact increases expenditures by $11,000.
ARPA Fund (230): - The overall fiscal impact increases expenditures by $1,281,550 with a net effect of ($1,281,550).
SR-24-053
Street Repairs – RCTC Loan Fund (256): - The overall fiscal impact increases expenditures by $7,778,494 with a net effect of ($7,778,494).
Cabot’s Museum Fund (270): - The overall fiscal impact increases expenditures by $6,191 with a net effect of ($6,191).
City-wide Landscape/Lighting Maintenance District Fund (501): – The overall fiscal impact increases revenues by $119,000 and increases expenditures by $119,000 with a net effect of $0.
Housing Authority Fund (700): - Overall fiscal impact increases expenditures by $223,619, with a net effect of ($223,619).
CV Violent Crime Gang Task Force Fund (805): - Overall fiscal impact increases expenditures by $40,290 with a net effect of ($40,290).
ATTACHMENTS:
1) FY 2023-24 Mid-Year Budget Adjustment Resolution
2) FY 2023-24 Mid-Year Budget Adjustments Report
RESOLUTION NO. 2024 - ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS APPROVING THE FISCAL YEAR 2023-2024
CONSOLIDATED GENERAL FUND OPERATING, CAPITAL
IMPROVEMENT PLAN AND OTHER FUNDS’ MID-YEAR BUDGET
ADJUSTMENTS
WHEREAS, the City Council adopted the Fiscal Year 2023-2024 Budget as part of the 2-Year Budget on June 20, 2023; and
WHEREAS, mid-year adjustments to the budget are required for Fiscal Year 2023-2024 as more information becomes available; and
WHEREAS, the City Manager has the full authority to execute any and all documents related to the Fiscal Year 2023-2024 Budget; and WHEREAS, the City Manager may delegate authority to implement this resolution to the Administrative Services Director.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL, AS FOLLOWS:
Section 1. The City Council of Desert Hot Springs approves the Fiscal Year 2023-2024 mid-year budget adjustments.
PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting of the City Council duly held on the 5th day of March 2024, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Jerryl Soriano, CMC, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:
Tuan-Anh Vu, City Attorney
FY23-24 Mid-Year Budget Adjustments
City of Desert Hot Springs
March 5, 2024
Consolidated General Fund Summary:
Adopted Budget Mid-Year Budget
Approved June 2023 Adjustments
Total Revenues $32,969,468 -$188,272 $32,781,196
Total Expenditures 32,933,866 1,397,244 34,331,110
Surplus(Deficit) to Fund
Balance $35,602 -$1,585,516 -$1,549,914
Mid-Year Budget Adjustment details
Account String Account Name FY23-24 Budget
Mid-year
Budget
Adjustment
FY23-24 Amended
Budget
GENERAL FUND
Revenues
100-3105-00-00-0000 PROPERTY TRANSFER TAX 150,000 -50,000 100,000 100-3106-00-00-0000 PASS THROUGH INCREMENT REVENUE 950,000 110,000 1,060,000 100-3111-00-00-0000 TRANSIENT OCCUPANCY TAXES 3,950,000 500,000 4,450,000 100-3117-00-00-0000 SPECIAL REVENUE - CULTIVATORS 4,835,687 -1,917,759 2,917,928 100-3118-00-00-0000 RECYCLING FRANCHISE FEES 275,000 -200,000 75,000 100-3123-00-00-0000 TRIPLE FLIP VLF 3,479,313 91,811 3,571,124 100-3125-00-00-0000 TOWING FRANCHISE FEES 70,000 -70,000 0 100-3215-00-00-0000 VACATION RENTAL CERTIFICATE FEE 100,000 110,000 210,000 100-3401-00-00-0000 INVESTMENT EARNINGS 100,000 80,000 180,000 100-3420-00-00-0000 RENTAL INCOME FEES 2,500 6,766 9,266 100-3551-00-00-0000 GRANTS 113,141 582,750 695,891
100-3551-30-30-2000 GRANTS - TRAIL CONSERVATION 0 107,551 107,551 100-3724-30-30-0000 REIMBURSEMENTS 13,050 15,000 28,050 100-3795-00-00-0000 MISCELLANEOUS REVENUE 50,000 104,000 154,000
Mid-Year Budget Adjustment details
Account String Account Name FY23-24 Budget
Mid-year
Budget
Adjustment
FY23-24 Amended
Budget
Total change in General Fund revenues -529,881
Expenditures
City Council
100-4230-41-11-0001 TRAVEL AND TRAINING 5,000 -8,000 -3,000 Total change in City Council expenditures -8,000
City Manager
100-4170-41-12-0000 WORKERS COMP/GENERAL LIABILITY INSURANCE 144,234 26,100 170,334 100-4260-41-12-0000 REPAIR & MAINTENANCE-VEHICLE 1,000 -760 240 Total change in City Manager expenditures 25,340
City Clerk
100-4100-41-13-0000 SALARIES 203,584 -18,861 184,723
100-4140-41-13-0000 EMPLOYEE BENEFITS 44,935 -7,611 37,324 100-4150-41-13-0000 PERS RETIREMENT 27,920 -1,905 26,015 100-4160-41-13-0000 TAXES 15,508 -1,443 14,065
100-4170-41-13-0000 WORKERS COMP/GENERAL LIABILITY INSURANCE 29,151 5,275 34,426 100-4320-41-13-0000 CONTRACT SERVICES 134,800 -90,000 44,800 Total change in City Clerk expenditures -114,545
100-4315-41-14-0000 LEGAL 1,000,000 -100,000 900,000
Finance
100-4100-41-15-0000 SALARIES 615,246 -15,295 599,951
100-4140-41-15-0000 EMPLOYEE BENEFITS 116,597 -1,844 114,753 100-4150-41-15-0000 PERS RETIREMENT 62,105 -3,010 59,095 100-4160-41-15-0000 TAXES 46,617 -1,640 44,977
100-4170-41-15-0000 WORKERS COMP/GENERAL LIABILITY INSURANCE 88,472 16,010 104,482 100-4320-41-15-0000 CONTRACT SERVICES 387,213 1,669 388,882 Total change in Finance Department expenditures -4,110
Human Resources
100-4100-41-16-0000 SALARIES 209,606 -116,097 93,509
100-4140-41-16-0000 EMPLOYEE BENEFITS 31,780 -7,375 24,405 100-4150-41-16-0000 PERS RETIREMENT 19,402 -13,792 5,610
Mid-Year Budget Adjustment details
Account String Account Name FY23-24 Budget
Mid-year
Budget
Adjustment
FY23-24 Amended
Budget
100-4160-41-16-0000 TAXES 16,035 -11,607 4,428
Total change in Human Resources expenditures -148,871
Information Technology (IT)
100-4100-41-17-0000 SALARIES 291,818 -16,915 274,903
100-4105-41-17-0000 OVERTIME / ON-CALL 20,000 -10,000 10,000 100-4140-41-17-0000 EMPLOYEE BENEFITS 61,867 -6,245 55,622 100-4150-41-17-0000 PERS RETIREMENT 32,657 -1,300 31,357 100-4160-41-17-0000 TAXES 22,258 -1,438 20,820
100-4170-41-17-0000 WORKERS COMP/GENERAL LIABILITY INSURANCE 41,839 7,571 49,410 100-4260-41-17-0000 REPAIR & MAINTENANCE-VEHICLE 1,000 -760 240 Total change in IT Department expenditures -29,087
Non-departmental
100-4999-41-19-0000 TRANSFERS OUT 3,402,015 -399,891 3,002,124 Total change in Non-departmental expenditures -399,891
Public Works Admin
100-4100-41-41-0000 SALARIES 258,258 -15,000 243,258
100-4170-41-41-0000 WORKERS COMP/GENERAL LIABILITY INSURANCE 36,988 6,700 43,688 100-4260-41-41-0000 REPAIR & MAINTENANCE-VEHICLE 20,800 4,800 25,600 Total change in Public Works Admin expenditures -3,500
100-4266-41-42-0000 SUPPLIES & MAINTENANCE 83,790 11,153 94,943 100-4320-41-42-2003 CONTRACT SERVICES - STORM AUG 23 0 197,117 197,117 100-4320-41-42-2009 CONTRACT SERVICES - STORM AUG 23-MTN View 0 32,800 32,800 100-4320-41-42-2010 CONTRACT SERVICES - STORM AUG 23-Palm Dr 0 45,742 45,742 100-4320-41-42-2011 CONTRACT SERVICES - STORM AUG 23-Debris Clean 0 479,341 479,341 100-4288-41-42-2000 PROGRAM EXPENSE 0 107,551 107,551
100-5002-41-42-0000 Land Acquisition 0 352,000 352,000
Total change in Public Buildings expenditures 1,225,704 The HUB
100-4200-41-57-0000 UTILITIES 0 10,000 10,000
100-4266-41-57-0000 SUPPLIES & MAINTENANCE 0 40,000 40,000
Mid-Year Budget Adjustment details
Account String Account Name FY23-24 Budget
Mid-year
Budget
Adjustment
FY23-24 Amended
Budget
100-4320-41-57-0000 CONTRACT SERVICES 0 700,000 700,000 Total change in HUB expenditures 750,000
Animal Hospital
100-4200-41-58-0000 UTILITIES 0 10,000 10,000
100-4266-41-58-0000 SUPPLIES & MAINTENANCE 0 10,000 10,000 100-4320-41-58-0000 CONTRACT SERVICES 0 10,000 10,000
Total change in Animal Hospital expenditures 30,000
Building & Safety
100-4100-41-61-0000 SALARIES 413,040 -107,137 305,903
100-4140-41-61-0000 EMPLOYEE BENEFITS 111,362 -23,466 87,896 100-4150-41-61-0000 PERS RETIREMENT 31,525 -8,162 23,363 100-4160-41-61-0000 TAXES 31,352 -9,033 22,319
100-4170-41-61-0000 WORKERS COMP/GENERAL LIABILITY INSURANCE 59,271 10,726 69,997 100-4260-41-61-0000 REPAIR & MAINTENANCE-VEHICLE 4,700 -2,280 2,420 Total change in Building & Safety expenditures -139,352 Planning
100-4101-41-62-0000 SALARIES-ELECTEDS/APPOINTED 0 2,700 2,700 100-4140-41-62-0000 EMPLOYEE BENEFITS 38,406 13,606 52,012 100-4170-41-62-0000 WORKERS COMP/GENERAL LIABILITY INSURANCE 28,329 5,126 33,455 Total change in Planning expenditures 21,432
Engineering
100-4100-41-63-0000 SALARIES 215,981 -15,000 200,981
100-4115-41-63-0000 ANNUAL LEAVE BUYOUT 0 3,662 3,662
100-4170-41-63-0000 WORKERS COMP/GENERAL LIABILITY INSURANCE 30,996 5,609 36,605 100-4320-41-63-0000 CONTRACT SERVICES 143,000 100,000 243,000 Total change in Engineering expenditures 94,271
Economic Development
100-4100-41-64-0000 SALARIES 224,832 -56,208 168,624
100-4115-41-64-0000 ANNUAL LEAVE BUYOUT 0 7,864 7,864
100-4140-41-64-0000 EMPLOYEE BENEFITS 52,579 -13,475 39,104
Mid-Year Budget Adjustment details
Account String Account Name FY23-24 Budget
Mid-year
Budget
Adjustment
FY23-24 Amended
Budget
100-4150-41-64-0000 PERS RETIREMENT 16,648 -4,162 12,486 100-4160-41-64-0000 TAXES 16,039 -4,470 11,569
100-4170-41-64-0000 WORKERS COMP/GENERAL LIABILITY INSURANCE 31,171 5,641 36,812 Total change in Economic Development expenditures -64,810 Total change in General Fund expenditures 1,084,581
Revenue less Expenditure changes -1,614,462
FIRE FACILITIES DEVELOPMENT IMPACT FEE FUND
Revenues
Expenditures
101-5030-50-72-0000 EQUIPMENT 75,000 324,175 399,175
Total change in Fire Facilities DIF Fund expenditures 324,175 Revenue less Expenditure changes -324,175
PARK DEVELOPMENT FUND
Revenues
Expenditures
102-5005-50-73-4015 ADMINISTRATION - Tedesco Restroom Replacement 3,370 10,836 14,206 102-5020-50-73-4015 CONSTRUCTION - Tedesco Restroom Replacement 42,120 135,295 177,415 Total change in Park DIF expenditures 146,131
Revenues less Expenditures changes -146,131
STREETS/BRIDGES/SIDEWALKS DEVELOPMENT FUND
Revenues
Expenditures
103-5005-50-72-3026 ADMINISTRATION-Golden Eagle Traffic Signal 0 14,607 14,607 103-5020-50-72-3026 CONSTRUCTION-Golden Eagle Traffic Signal 0 182,567 182,567 103-5005-50-72-3030 ADMINISTRATION-Two Bunch/Park Traffic Signal 8,000 -2,304 5,696 103-5010-50-72-3030 DESIGN-Two Bunch/Park Traffic Signal 100,000 -28,782 71,218 Total change in Streets DIF expenditures 166,088
Mid-Year Budget Adjustment details
Account String Account Name FY23-24 Budget
Mid-year
Budget
Adjustment
FY23-24 Amended
Budget
Revenues less expenditures change -166,088
COMMUNITY CENTER FACILITIES DEVELOPMENT IMPACT FEE FUND Revenues
Expenditures
106-5005-50-72-7002 ADMINISTRATION - HUB Improvements 0 46,611 46,611 106-5020-50-72-7002 CONSTRUCTION - HUB Improvements 0 582,619 582,619 Total changes in Community Center DIF expenditures 629,230
STORM DRAINAGE DEVELOPMENT FUND
Revenues
Expenditures
108-5005-50-71-3001 ADMINISTRATION-Palm Dr/I10 to Camino Aventura 0 3,969 3,969 108-5015-50-71-3001 ENGINEERING-Palm Dr/I-10 to Camino Aventura 0 49,607 49,607 108-5005-50-72-6001 ADMINISTRATION-Update Master Drainage Plan 4,315 1,048 5,363 108-5010-50-72-6001 DESIGN-Update Master Drainage Plan 53,940 13,088 67,028 Total change in Storm Drainage DIF expenditures 67,712
Revenues less expenditure changes -67,712
QUIMBY FUND
Revenues
Expenditures
111-5005-50-73-4000 ADMINISTRATION-Corp Yard Park 0 12,524 12,524 111-5010-50-73-4000 DESIGN-Corp Yard Park 0 156,535 156,535 111-5005-50-73-4002 ADMINISTRATION-Reflection Park Rehab 0 13,895 13,895 111-5010-50-73-4002 DESIGN-Reflection Park Rehab 0 173,682 173,682 Total change in Quimby Fund expenditures 356,636
Revenues less expenditure changes -356,636
Mid-Year Budget Adjustment details
Account String Account Name FY23-24 Budget
Mid-year
Budget
Adjustment
FY23-24 Amended
Budget
2020 STREET BOND FUND
Revenues
Expenditures
141-4285-60-15-0000 ADMINISTRATIVE FEES 0 3,000 3,000
141-4320-60-15-0000 CONTRACT SERVICES 0 1,500 1,500
Total Change in Street Bond Fund expenditures 4,500
Revenue less Expenditure changes -4,500
SB1 ROAD MAINTENANCE FUND
Revenues
Expenditures
142-5020-50-71-2005 CONSTRUCTION - Pierson Bridge 0 701,565 701,565 142-5020-50-71-3000 CONSTRUCTION - Palm Dr/Pierson to Mission Lakes 0 254,582 254,582 142-5020-50-71-3019 CONSTRUCTION-Palm Dr/Dillon to Pierson 67,900 82,764 150,664 Total change in SB1 Fund expenditures 1,038,911
COMMUNITY DEVELOPMENT BLOCK GRANT FUND
Revenues
145-3551-30-30-4015 GRANTS-Tedesco Restroom Replacement 546,935 181,106 546,935 Total change in CDBG revenues 181,106
Expenditures
145-5020-44-51-4015 CONSTRUCTION-Tedesco Restroom Replacement 546,935 181,106 728,041 Total change in CDBG expenditures 181,106
CAPITAL IMPROVEMENT FUND
Revenues
210-3551-30-30-3003 GRANTS - Hacienda Ave West Improvements 1,848,000 210-3551-30-30-3004 GRANTS - Changeable Message Signs 0 709,024 709,024 210-3551-30-30-3019 GRANTS - Dillon to Pierson HSIP Cycle 9-1 289,064 -82,764 206,300 210-3551-30-30-3100 GRANTS - Palm Dr Impr/Pierson to Mission Lakes 0 148,071 148,071 Total change in Capital Improvement Fund revenues 774,331 Expenditures
210-5020-50-71-3004 CONSTRUCTION-Changeable Message Signs 0 709,024 709,024
Mid-Year Budget Adjustment details
Account String Account Name FY23-24 Budget
Mid-year
Budget
Adjustment
FY23-24 Amended
Budget
210-5020-50-71-3019 CONSTRUCTION-Palm Dr/Dillon to Pierson 289,064 -82,764 206,300 210-5020-50-71-3100 CONSTRUCTION - Palm Dr Impr/Pierson to Mission Lakes 0 148,071 148,071 Total change in Capital Improvement Fund expenditures 774,331
HEALTH & WELLNESS CENTER FUND
Revenues
211-3713-30-30-0100 DONATIONS - DHS OPENING DOORS 0 6,000 6,000 211-3999-00-00-0000 TRANSFERS IN 1,536,358 36,109 1,572,467 Total change in Health & Wellness Center Fund revenues 42,109 Expenditures
211-4170-44-53-0000 WORKERS COMP/GENERAL LIABILITY INSURANCE 4,745 859 5,604 211-4105-44-54-0000 OVERTIME / ON-CALL 500 500 1,000
211-4115-44-54-0000 ANNUAL LEAVE BUYOUT 500 1,750 2,250 211-4170-44-54-0000 WORKERS COMP/GENERAL LIABILITY INSURANCE 82,879 15,000 97,879 211-4260-44-54-0000 REPAIR & MAINTENANCE-VEHICLE 1,000 -1,000 0 211-4293-44-54-0000 PROGRAM EXPENSES-LITTLE LEAGUE 75,000 25,000 100,000 Total change in Health & Wellness Center Fund expenditures 42,109
PUBLIC FACILITIES CAPITAL IMPROVEMENT FUND
Expenditures
222-5020-50-42-8002 CONSTRUCTION-PD Building & Site Improvement 551,973 11,000 562,973 Total change in Public Facilities CIP Fund expenditures 11,000
ARPA FUNDS
Revenues
Expenditures
230-4320-41-42-2003 CONTRACT SERVICES-Storm Cleanup 0 62,831 62,831 230-4320-41-42-2006 CONTRACT SERVICES-North Indian Canyon Repair 0 168,060 168,060 230-4320-41-42-2007 CONTRACT SERVICES-Little Morongo Rd Repair 0 93,160 93,160 230-4320-41-42-2008 CONTRACT SERVICES-Dillon Road Repair 0 128,700 128,700 230-4320-41-42-2011 CONTRACT SERVICES-Debris Cleanup FHWA 0 247,515 247,515 230-5020-50-71-2006 CONSTRUCTION-North Indian Canyon Repair 0 274,385 274,385 230-5020-50-71-2007 CONSTRUCTION-Little Morongo Rd Repair 0 48,185 48,185
Mid-Year Budget Adjustment details
Account String Account Name FY23-24 Budget
Mid-year
Budget
Adjustment
FY23-24 Amended
Budget
230-5020-50-71-2008 CONSTRUCTION-Dillon Road Repair 0 258,714 258,714 Total change in ARPA Fund expenditures 1,281,550
PUBLIC SAFETY FUND
Revenues
245-3116-00-00-0000 POLICE FEES 3,000 17,000 20,000
245-3205-00-00-0000 UTILITY USERS TAX 2,900,000 200,000 3,100,000 245-3551-30-30-0000 GRANTS 0 21,820 21,820
245-3551-30-30-8010 OTS PT23101 Grant 0 12,907 12,907
245-3551-30-30-8011 NATIONAL OPIOID SETTLEMENT GRANT 0 20,237 20,237 245-3551-30-30-8019 Budget Act of 2016 0 54,202 54,202
245-3716-30-30-0000 Donations - Animal Control 0 8,591 8,591 245-3726-00-00-0000 INSURANCE RECOVERIES 100,000 6,852 106,852 Total change in Public Safety revenues 341,609
Expenditures
Patrol & Field
245-4100-42-23-0000 SALARIES 4,517,219 195,513 4,712,732 245-4140-42-23-0000 EMPLOYEE BENEFITS 687,898 -5,835 682,063 245-4150-42-23-0000 PERS RETIREMENT 691,539 70,226 761,765 245-4160-42-23-0000 TAXES 330,832 16,618 347,450
245-4170-42-23-0000 WORKERS COMP/GENERAL LIABILITY INSURANCE 649,576 117,542 767,118 245-4250-42-23-0000 UNIFORM ALLOWANCE 68,025 -750 67,275 245-4288-42-23-8019 Budget Act of 2016 0 54,202 54,202
Total change in Patrol & Field expenditures 447,516
Code Enforcement
245-4100-42-24-0000 SALARIES 270,224 -65,107 205,117
245-4140-42-24-0000 EMPLOYEE BENEFITS 172,406 -31,010 141,396 245-4150-42-24-0000 PERS RETIREMENT 45,488 -5,947 39,541 245-4160-42-24-0000 TAXES 43,622 -6,582 37,040
245-4170-42-24-0000 WORKERS COMP/GENERAL LIABILITY INSURANCE 81,998 14,838 96,836
Mid-Year Budget Adjustment details
Account String Account Name FY23-24 Budget
Mid-year
Budget
Adjustment
FY23-24 Amended
Budget
245-4251-42-24-0000 UNIFORMS 6,000 -275 5,725
245-4320-42-24-0000 CONTRACT SERVICES 692,240 -169,413 522,827 Total change in Code Enforcement expenditures -263,496
Animal Control
245-4110-42-26-0000 COMP TIME BUYOUT 0 500 500
245-4170-42-26-0000 WORKERS COMP/GENERAL LIABILITY INSURANCE 45,317 8,201 53,518 245-4200-42-26-8018 UTILITIES 0 6,000 6,000
245-4220-42-26-8018 OFFICE SUPPLIES 0 2,000 2,000
245-4266-42-26-8018 SUPPLIES & MAINTENANCE 0 43,000 43,000 245-4320-42-26-8018 CONTRACT SERVICES 0 34,000 34,000
Total change in Animal Control expenditures 93,701
Dispatch Center
245-4170-42-29-0000 WORKERS COMP/GENERAL LIABILITY INSURANCE 133,426 24,144 157,570 Total change in Dispatch Center expenditures 24,144
Fire Services
Total change in Public Safety expenditures 301,865
Revenues less Expenditures changes 39,744
Street Repairs - RCTC Loan Fund
Expenditures
256-5015-50-71-2006 ENGINEERING-North Indian Canyon Repair 0 212,337 212,337 256-5020-50-71-2006 CONSTRUCTION-North Indian Canyon Repair 0 3,885,588 3,885,588 256-5015-50-71-2007 ENGINEERING-Little Morongo Rd Repair 0 109,544 109,544 256-5020-50-71-2007 CONSTRUCTION-Little Morongo Rd Repair 0 1,731,972 1,731,972 256-5015-50-71-2008 ENGINEERING-Dillon Road Repair 0 177,847 177,847 256-5020-50-71-2008 CONSTRUCTION-Dillon Road Repair 0 1,661,206 1,661,206 Total change in RCTC Loan Fund expenditures 7,778,494
Cabot's Museum Fund
Revenues
Mid-Year Budget Adjustment details
Account String Account Name FY23-24 Budget
Mid-year
Budget
Adjustment
FY23-24 Amended
Budget
270-4266-44-51-0000 SUPPLIES & MAINTENANCE 8,500 6,191 14,691 Total change in Cabot's Museum Fund expenditures 6,191
Revenues less Expenditures changes -6,191
DEBT SERVICE FUND
Revenues
401-3999-00-00-0000 TRANSFERS IN 555,625 -555,000 625
Total changes in Debt Service revenues -555,000
Expenditures
Revenues less Expenditures changes -555,000
CITY WIDE LIGHTING AND LANDSCAPING MAINTENANCE FUND
Revenues
501-3999-00-00-0000 TRANSFERS IN 1,113,432 119,000 1,232,432 Total change in City Wide LMD Fund Revenues 119,000
Expenditures
501-4170-43-45-0000 WORKERS COMP/GENERAL LIABILITY INSURANCE 50,800 10,000 60,800 501-4255-43-45-0000 FUEL 0 9,000 9,000
501-4266-43-45-0000 SUPPLIES & MAINTENANCE 211,049 100,000 311,049 Total change in Park Maintenance expenditures 119,000
Total change in City Wide LMD Fund expnditures 119,000
HOUSING AUTHORITY FUND
Revenues
Expenditures
700-4170-45-75-0000 WORKERS COMP/GENERAL LIABILITY INSURANCE 15,131 2,738 17,869 700-4288-45-75-0000 PROGRAM EXPENSE 200,000 220,881 420,881 Total change in Housing Authority Fund expenditures 223,619 Revenues less Expenditures changes -223,619
CV VIOLENT CRIME GANG TASK FORCE FUND
Expenditures
805-4220-42-23-0000 OFFICE SUPPLIES 0 13,000 13,000
805-4225-42-23-0000 POSTAGE 0 290 290
Mid-Year Budget Adjustment details
Account String Account Name FY23-24 Budget
Mid-year
Budget
Adjustment
FY23-24 Amended
Budget
805-4230-42-23-0000 TRAVEL AND TRAINING 0 12,000 12,000 805-4251-42-23-0000 UNIFORMS 0 6,000 6,000
805-4266-42-23-0000 SUPPLIES AND MAINTENANCE 0 3,000 3,000 805-4320-42-23-0000 CONTRACT SERVICES 0 6,000 6,000
Total change in expenditures 40,290
SR-25-021
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: February 4, 2025
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Second Reading and Adoption of an Ordinance Authorizing the Levy of Special Taxes Within Improvement Area No. 1 and Improvement Area No. 2 and in Territory Annexed to the Community Facilities District No. 2025-1 (Skyborne Village) in the Future
RECOMMENDATION:
Approve second reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs acting in its capacity as the legislative body of Community Facilities District No. 2025-1 (Skyborne Village) of the City of Desert Hot Springs authorizing the levy of special taxes within Improvement Area No. 1 and Improvement Area No. 2 and in territory annexed to the District in the future.
BACKGROUND:
The Ordinance (Exhibit 2) was introduced and approved for first reading by the City Council on January 21, 2025.
The Ordinance shall take effect thirty (30) days after its second reading.
ATTACHMENTS:
1) Staff Report from January 21, 2025
2) Ordinance - Skyborne CFD No. 2025-1
SR-25-008
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: January 21, 2025
Department: Administrative Services
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: Formation of Community Facilities District No. 2025-1 (Skyborne Village) RECOMMENDATION:
1) Staff Report;
2) Entertain questions from Staff and from the City Council; 3) Open the Public Hearing;
4) Take public testimony from those in favor;
5) Take public testimony from those opposed;
6) Take public testimony from those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion;
9) Adopt a Resolution of the City Council establishing CFD No. 2025-1; 10) Adopt a Resolution of the City Council declaring the necessity to incur bond indebtedness within CFD No. 2025-1;
11) Hold the election;
12) Canvass the election;
13) Adopt a Resolution of the City Council certifying election results; and 14) Introduce for first reading and read by title only: " An Ordinance of the City Council of the City of Desert Hot Springs acting in its capacity as the legislative body of Community Facilities District No. 2025-1 (Skyborne Village) of the City of Desert Hot Springs authorizing the levy of special taxes within Improvement Area No. 1 and Improvement Area No. 2 and in territory annexed to the District in the future.
BACKGROUND:
Skyborne Ventures LLC (the “Developer”) is the owner of certain property located within a developing master-planned community known as “Skyborne.” Such property is located in the northwestern part of the City, with Indian Canyon Road on the east, Pierson Ave on the south and Highway 62 to the east. The Developer requested that the City form a community facilities district (“CFD No. 2025-1”) with two initial improvement areas therein (“Improvement Area No. 1” and “Improvement Area No. 2” and together, the “Improvement Areas”) to encompass such property in accordance with the MelloRoos Community Facilities Act of 1982, as amended (the “Act”), to finance the costs of certain public improvements, and maintenance services through the levy of special taxes. Improvement Area No. 1 is planned to include approximately 286 residential units and Improvement Area No. 2 is planned to include approximately 182 residential units. Improvement Area No. 1 has been conveyed to Lennar Homes of California LLC (“Lennar”) (and its land banking entity) for development.
SR-25-008
Development of Skyborne commenced in early 2007 and is expected to include more than 2,300 single-family residences on approximately 622 acres. The formation of CFD No. 2025-1 is consistent with the development plan for Skyborne.
DISCUSSION:
On December 12, 2024, the City Council adopted Resolution No. 2024-047 (the “Resolution of Intention”), to initiate the proceedings to form CFD No. 2025-1, designate the Improvement Areas therein, designate area for future annexation to CFD No. 2025-1 and called for a public hearing at this January 21, 2025, City Council meeting on the formation of CFD No. 2025-1, the levy of the special taxes within the Improvement Areas, and the incurring of bonded indebtedness of CFD No. 2025-1.
In connection with the public hearing, Webb Municipal Finance, LLC has prepared a Public Hearing Report presented at this meeting. The Public Hearing Report describes and analyzes the facilities to be financed by CFD No. 2025-1 and the estimated costs of such facilities. Following the close of the public hearing, the City Council will be asked to adopt the Resolution Establishing CFD No. 2025-1 (the “Resolution of Formation”) and the Resolution Determining the Necessity to Incur Debt which, together, approve the formation of CFD No. 2025-1 and the levy of the special taxes within the Improvement Areas in accordance with the rate and method of apportionment for each Improvement Area that were attached to the Resolution of Intention (each a “RMA”) and determines the necessity for CFD No. 2025-1 to issue bonds in an amount not-to-exceed $13,000,000 for each Improvement Area. Such resolutions call for elections to submit to the qualified voters in each Improvement Area, ballot measures on the approval of the special taxes, the issuance of the bonds and an appropriations limit for CFD No. 2025-1.
The proposed CFD No. 2025-1 will establish two categories of special taxes in each Improvement Area. A “Special Tax A” will finance infrastructure benefitting CFD No. 2025-1. A “Special Tax B” will provide funds for maintenance of parks, parkways and open space, flood and storm protection services and the operation of storm drainage systems. With respect to each Improvement Area, the applicable RMA provides that the Fiscal Year 2025-26 Assigned Special Tax Rate A will range from $2,140 to $4,420 per parcel of residential property. The rates vary based upon the size of homes being constructed. The Special Tax A does not escalate. The Fiscal Year 2025-26 Maximum Special Tax Rate B will be $275 per parcel of single family residential property, escalating at the greater of the percentage change in the Consumer Price Index or 2% per year.
The Resolution of Formation approves the execution and delivery of a Acquisition, Construction and Funding Agreement for each of the Improvement Areas (the “Acquisition Agreements”) in the forms presented at this meeting. The Acquisition Agreements set forth the terms, among others, pursuant to which CFD No. 2025-1 will acquire from and reimburse the Developer or Lennar, as applicable, for completed public improvements benefitting CFD No. 2025-1. In addition, the Resolution of Formation approves a Joint Community Facilities Agreement with the Mission Springs Water District (“JCFA”), which will allow CFD No. 2025-1 to finance improvements to be owned and operated by Mission Springs Water District that benefit the development within CFD No. 2025-1.
On file with the City Clerk is a Certificate of the Registrar of Voters of Riverside County certifying that there are no registered voters residing within the boundaries of CFD No. 2025-1. Accordingly, under the Act, only landowners in the Improvement Areas are eligible to vote at the elections with each owner having one vote for each acre (or portion thereof) that they own within an Improvement Area.
SR-25-008
Each of the Developer, Lennar and Lennar’s land banking entity, as the landowners in the Improvement Areas, have executed a consent and waiver of certain election procedures for the elections within the Improvement Areas in accordance with the Act, including certain timing requirements with respect to the elections. Accordingly, if the City Council approves the Resolution of Formation and the Resolution Determining the Necessity to Incur Debt, the City Clerk will conduct the elections. The City Clerk will announce the elections results and the City Council will be asked to adopt the Resolution Certifying the Election Results. Based on upon certification that two thirds of the votes cast are in favor of the propositions voted upon, the Resolution Certifying the Election Results directs the City Clerk to record a notice of special tax lien on the property within each Improvement Area. The City Council will then be asked to introduce the Ordinance authorizing the levy of the special tax within the Improvement Areas in accordance with the applicable RMA.
FISCAL IMPACT:
The Developer has made a deposit of $80,000 to pay for the costs of the formation proceedings which may be reimbursed to the Developer in accordance with the Acquisition Agreement presented at this meeting. If established and subject to necessary Council and voter approvals, CFD No. 2025- 1 will annually levy special taxes on all of the taxable property within each Improvement Area in accordance with the applicable RMA. Any bonds issued by CFD No. 2025-1 are not obligations of the City and will be secured solely by the Special Taxes levied in the applicable improvement area within CFD No. 2025-1. Special Tax B levied within the Improvement Areas is estimated to produce $128,700 in annual revenues for maintenance services at buildout (based on the initial rate of $275/single-family residential unit).
ENVIRONMENTAL ANALYSIS:
Not Applicable
OPTIONAL:
Not approve the CFD
ATTACHMENTS:
1) Resolution of Formation - Skyborne CFD No. 2025-1
2) Resolution of Necessity to Incur Debt - Skyborne CFD No. 2025-1 3) Resolution Certifying Election Results - Skyborne CFD No. 2025-1 4) Ordinance - Skyborne CFD No. 2025-1
5) CFD 2025-1 Report
6) Acquisition Agreement (IA1) - Skyborne CFD No. 2025-1 7) Acquisition Agreement (IA2 and Annexation Area) - Skyborne CFD No. 2025-1 8) Joint Community Facilities Agreement with Mission Springs Water District (with Land Bank)
4938-1813-3512v3/200812-0004
ORDINANCE NO. 2025-___
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT HOT
SPRINGS, CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SKYBORNE
VILLAGE) OF THE CITY OF DESERT HOT SPRINGS AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN IMPROVEMENT AREA NO. 1 AND IMPROVEMENT AREA NO. 2 AND IN TERRITORY ANNEXED TO THE
DISTRICT IN THE FUTURE
Whereas, on December 12, 2024, the City Council (the “City Council”) of the City of Desert Hot Springs (the “City”) adopted Resolution No. 2024-047 (the “Resolution of Intention”) declaring its intention to form Community Facilities District No. 2025-1 (Skyborne Village) of the City of Desert Hot Springs (the “District”) and Improvement Area No. 1 (“Improvement Area No. 1”) and Improvement Area No. 2 (“Improvement Area No. 2” and together with Improvement Area No. 1, the “Improvement Areas” and each an “Improvement Area”) therein, and designate territory proposed for annexation to the District in the future (“Future Annexation Area”) as one or more future improvement areas (“Future Improvement Areas”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and its Resolution No. 2024-048 declaring its intention to incur bonded indebtedness in one or more series within the District, and with respect to Improvement Area No. 1 in the maximum aggregate principal amount of $13,000,000, and with respect to Improvement Area No. 2 in the maximum aggregate principal amount of $13,000,000; and
Whereas, on January 21, 2025, after providing all notice required by the Act, the City Council conducted a noticed public hearing required by the Act relative to: (i) the proposed formation of the District, the designation of Improvement Area No. 1 and Improvement Area No. 2 and the designation of the Future Annexation Area; (ii) the proposed levy of a special tax within Improvement Area No. 1 and Improvement Area No. 2 to finance certain facilities and services described in the Resolution of Intention and to secure the payment of any bonded indebtedness of the District for Improvement Area No. 1 and Improvement Area No. 2, and the maximum aggregate principal amount of $13,000,000 of bonded indebtedness for Improvement Area No. 1 and the maximum aggregate principal amount of $13,000,000 of bonded indebtedness for Improvement Area No. 2; and (iii) the proposed levy of a special tax in any Future Improvement Area annexed to the District to finance certain facilities and services described in the Resolution of Intention and to secure the payment of any bonded indebtedness of the District for such Future Improvement Area, subject to the receipt of the unanimous consent and approval of the owner or owners of the parcel or parcels at the time of annexation (the “Unanimous Consent and Approval”) and approval by the City Council, in accordance with the Act, all as described in the Resolution of Intention; and Whereas, at the January 21, 2025 public hearing, all persons desiring to be heard on the foregoing matters were heard, and a full and fair hearing was held; and Whereas, on January 21, 2025, the City Council adopted Resolution Nos. 2025- __ (the “Resolution of Formation”) and 2025-___ (the “Resolution to Incur Bonded Indebtedness”) which formed the District, designated Improvement Area No. 1, Improvement Area No. 2 and the Future Annexation Area, and called a special election within Improvement Area No. 1 and Improvement Area No. 2 on January 21, 2025 on three propositions for Improvement Area No. 1 relating to the levy of a special tax within Improvement Area No. 1, on three propositions for
Improvement Area No. 2 relating to the levy of a special tax within Improvement Area No. 2, the issuance of the bonds by the District for Improvement Area No. 1 and Improvement Area No. 2 and the establishment of an appropriations limit within the District; and Whereas, on January 21, 2025, a special election was held within Improvement Area No. 1 at which the qualified electors therein approved by more than a two-thirds vote Propositions A, B and C as set forth in Attachment “B” to the Resolution of Formation authorizing the levy of a special tax within Improvement Area No. 1 for the purposes described in the Resolution of Formation, the issuance of the bonds for Improvement Area No. 1 as described in the Resolution to Incur Bonded Indebtedness and establishing an appropriations limit for the District; and
Whereas, on January 21, 2025, a special election was held within Improvement Area No. 2 at which the qualified electors therein approved by more than a two-thirds vote Propositions D, E and F as set forth in Attachment “C” to the Resolution of Formation authorizing the levy of a special tax within Improvement Area No. 2 for the purposes described in the Resolution of Formation, the issuance of the bonds for Improvement Area No. 2 as described in the Resolution to Incur Bonded Indebtedness and establishing an appropriations limit for the District.
NOW, THEREFORE, the City Council of the City of Desert Hot Springs acting in its capacity as the legislative body of Community Facilities District No. 2025-1 (Skyborne Village) of the City of Desert Hot Springs ORDAINS as follows:
Section 1. The above recitals are all true and correct.
Section 2. By the passage of this Ordinance, the City Council authorizes and levies special taxes within Improvement Area No. 1 and Improvement Area No. 2 pursuant to Sections 53328 and 53340 of the Act at the rates and in accordance with the rate and method of apportionment set forth in Attachment ”C” and Attachment “D,” respectively, to the Resolution of Intention, which are incorporated by reference herein (the “Improvement Area No. 1 Rate and Method” and the “Improvement Area No. 2 Rate and Method”).
The Special Tax A (as defined in the Improvement Area No. 1 Rate and Method) are hereby levied within Improvement Area No. 1 commencing in the fiscal year specified in the Improvement Area No. 1 Rate and Method and in each fiscal year thereafter until payment in full of the bonds issued by the District for Improvement Area No. 1 (including any bonds issued to refund such bonds), payment of all costs of the facilities authorized to be financed by the District for Improvement Area No. 1, and payment of all costs of administering the District allocable to Improvement Area No. 1. The Special Tax A (as defined in the Improvement Area No. 2 Rate and Method) are hereby levied within Improvement Area No. 2 commencing in the fiscal year specified in the Improvement Area No. 2 Rate and Method and in each fiscal year thereafter until payment in full of the bonds issued by the District for Improvement Area No. 2 (including any bonds issued to refund such bonds), payment of all costs of the facilities authorized to be financed by the District for Improvement Area No. 2, and payment of all costs of administering the District allocable to Improvement Area No. 2.
The Special Tax B (each as defined in the Improvement Area No. 1 Rate and Method and the Improvement Area No. 2 Rate and Method) are hereby levied within each Improvement Area commencing in the fiscal year specified in therein and in each fiscal year thereafter until terminated in with the accordance Improvement Area No. 1 Rate and Method and the Improvement Area No. 2 Rate and Method, as applicable.
The City Council further authorizes and levies special taxes within any Future Improvement Area pursuant to Sections 53328 and 53340 of the Act at the rates and in accordance with the rate and method of apportionment to be approved by the Unanimous Consent and Approval of the owners of the property within such Future Improvement Area and the City Council. The special taxes shall be levied within such Future Improvement Area in each fiscal year until the special tax is terminated in accordance with the rate and method of apportionment for such Future Improvement Area, payment in full of the bonds issued by the District for such Future Improvement Area (including any bonds issued to refund such bonds), payment of all costs of the facilities authorized to be financed by the District for such Future Improvement Area, and payment of all costs of administering the District allocable to such Future Improvement Area.
Section 3. Each of the City Manager and the Administrative Services Director of the City (each, an “Authorized Officer”), acting alone, is hereby authorized and directed each fiscal year to determine the specific special tax rates and amounts to be levied in such fiscal year on each parcel of real property within Improvement Area No. 1 and Improvement Area No. 2, in the manner and as provided in the Improvement Area No. 1 Rate and Method and in the Improvement Area No. 2 Rate and Method, respectively, and within any Future Improvement Area in the manner and as provided in the rate and method of apportionment of special tax for such Future Improvement Area. The special tax rate levied on a parcel pursuant to the Improvement Area No. 1 Rate and Method with respect to Improvement Area No. 1, pursuant to the Improvement Area No. 2 Rate and Method with respect to Improvement Area No. 2, and pursuant to a rate and method of special tax for any Future Improvement Area shall not exceed the maximum rate set forth therein for such parcel, but the special tax may be levied at a lower rate. Each Authorized Officer is hereby authorized and directed to provide all necessary information to the Treasurer-Tax Collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax within Improvement Area No. 1, Improvement Area No. 2 and any Future Improvement Area, so that the special tax shall be levied and collected in sufficient amounts and at times necessary to satisfy the financial obligations of the District for Improvement Area No. 1, Improvement Area No. 2 and any Future Improvement Area in each fiscal year.
Section 4. Properties or entities of the state, federal or other local governments shall be exempt from the special tax for Improvement Area No. 1, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act and Section I of the Improvement Area No. 1 Rate and Method. Properties or entities of the state, federal or other local governments shall be exempt from the special tax for Improvement Area No. 2, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act and Section I of the Improvement Area No. 2 Rate and Method. No other properties or entities within Improvement Area No. 1 and Improvement Area No. 2 are exempt from the special tax unless the properties or entities are expressly exempted in the Resolution of Formation, or in a resolution of consideration to levy a new special tax or special taxes or to alter the Improvement Area No. 1 Rate and Method or the Improvement Area No. 2 Rate and Method or an existing special tax as provided in Section 53334 of the Act. The properties exempt from the special tax levy with respect to any Future Improvement Area shall be those set forth in the rate and method of apportionment of special tax for such Future Improvement Area as approved by the Unanimous Consent and Approval and by the City Council.
Section 5. All of the collections of the special tax within Improvement Area No. 1 shall be used as provided for in the Act, the Improvement Area No. 1 Rate and Method, and the Resolution of Formation. All of the collections of the special tax within Improvement Area No. 2 shall be used as provided for in the Act, the Improvement Area No. 2 Rate and Method, and the Resolution of Formation. All of the collections of the special tax within any Future Improvement
Area shall be used as provided for in the Act, the rate and method of apportionment of special tax for such Future Improvement Area and the Resolution of Formation.
Section 6. The special tax within Improvement Area No. 1, Improvement Area No. 2 and in any Future Improvement Area shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by the City Council from time to time.
Section 7. Determined separately for each Improvement Area, as a cumulative remedy, if any parcel is delinquent in the amount levied as a special tax for payment of the interest or principal of the bonds issued by the District for Improvement Area No. 1, Improvement Area No. 2 and any Future Improvement Area (including any bonds issued to refund such bonds), together with any penalties and other charges accruing under this Ordinance, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal on such bonds (including any bonds issued to refund such bonds), order that the same be collected by an action brought in the superior court to foreclose the lien of such special tax on the delinquent property within Improvement Area No. 1, Improvement Area No. 2 or any Future Improvement Area, as applicable, as authorized by the Act.
Section 8. The Mayor of the City shall sign this Ordinance and the City Clerk shall attest to the Mayor’s signature and then cause the same to be published within fifteen (15) days after its passage at least once in The Press Enterprise, a newspaper of general circulation published and circulated in the City.
Section 9. The specific authorization for adoption of this Ordinance is pursuant to the provisions of Section 53340 of the Act.
Section 10. The City Clerk is hereby authorized to transmit a certified copy of this ordinance to the Treasurer-Tax Collector of the County of Riverside, and to perform all other acts which are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance.
Section 11. A full reading of this Ordinance is dispensed with prior to its final passage, a written or printed copy having been available to the City Council and the public a day prior to its final passage.
Section 12. This Ordinance shall take effect thirty days after its final passage.
This Ordinance was introduced and read on the 21st day of January, 2025 and APPROVED AND ADOPTED this ___ day of ____________, 2025.
___________________________
Scott Matas, Mayor
Attest:
___________________________
Jerryl Soriano, CMC, City Clerk
SR-25-022
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: February 4, 2025
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Second Reading and Adoption of an Ordinance - Pierson Commercial Specific Plan
RECOMMENDATION:
Approve second reading, read by title only and adopt: "An Ordinance Adding Chapter 17.260 “Pierson Commercial Specific Plan” to Title 17 “Zoning” of the Desert Hot Springs Municipal Code to Establish Zoning Standards for the Pierson Commercial Specific Plan Area.
BACKGROUND:
The Ordinance (Exhibit 2) was introduced and approved for first reading by the City Council on December 12, 2024.
The Ordinance shall take effect thirty (30) days after its second reading.
FISCAL IMPACT:
The applicant has paid all application fees related to the Specific Plan and Development Permit for entitlements. Additionally, the proposed development will be subject to all Building Permit fees and property taxes.
ENVIRONMENTAL ANALYSIS:
A Draft Mitigated Negative Declaration (SCH # 2023070608) was prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) and the CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.) The Draft Mitigated Negative Declaration was prepared in accordance with the CEQA Guidelines Section 15070, Subsection (a), to determine whether there are potentially significant impacts associated with development of the proposed project.
ATTACHMENTS:
1) Staff Report from December 12, 2024
2) Ordinance
SR-24-250
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: December 12, 2024
Department: Community Development
Prepared by: Patricia Villagomez, Principal Planner
Subject: An Application for the Pierson Commercial Specific Plan to Develop a Convenience Store With a Fueling Station, Drive-Thru Carwash, and a Quick Service Restaurant
RECOMMENDATION:
1) Staff Report
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take testimony from Applicant;
5) Take public testimony for those in favor;
6) Take public testimony from those opposed;
7) Take public testimony from those in a neutral position; 8) Opportunity for Applicant rebuttal;
9) Close the Public Hearing
10) City Council discussion; and
11) Adopt “A Resolution of the City Council of the City of Desert Hot Springs, California, A) Adopt the Mitigated Negative Declaration ENV 23-3 and Monitoring Plan; B) Approve Pierson Commercial Specific Plan No. SP 22-4; C) Approve Development Permit No. 22-8; and 12) Introduce for first reading and read by title only: "An Ordinance Adding Chapter 17.260 “Pierson Commercial Specific Plan” to Title 17 “Zoning” of the Desert Hot Springs Municipal Code to Establish Zoning Standards for the Pierson Commercial Specific Plan Area.
BACKGROUND:
The Pierson Commercial Specific Plan project consists of approximately 3.99 acres of land located at the northwest corner of Pierson Boulevard and Indian Canyon Drive within the Mixed-Use Neighborhood Zoning District.
The development will include a convenience store, fuel station, car wash, and a quick service restaurant. The Specific Plan contains the components required by State Law, as well as architectural design concepts, guidelines, and development standards.
On November 12th, 2024, the Planning Commission made a recommendation to the City Council for approval.
SR-24-250
DISCUSSION:
On May 10th, 2023, the applicant Beyond Food Mart, Inc. submitted a Specific Plan (SP 22-4), Mitigated Negative Declaration (ENV 23-3), and Development Permit (DP 22-8). The Pierson Commercial Specific Plan proposes to construct and operate a 9-island fueling station, a 7,460 sq. ft. convenience store with a drive-thru for pre-packaged food pick-up, a 1,790 sq. ft. drive thru carwash, and a 2,000 sq. ft. quick service restaurant. The application also includes a request for a Type 20 Alcohol Beverage Control License, which is issued to retail stores and authorizes the sale of beer and wine for consumption off the premises where sold. Minors are allowed on the premises.
SETTING
Surrounding properties north of Pierson Blvd, and east of Indian Canyon Drive adjacent to the project site are within the City Boundary. Lands south of Pierson Blvd and west of Indian Canyon Drive adjacent to the project site are under Riverside County jurisdiction but are within the Desert Hot Springs sphere of Influence. The Zoning, General Plan Land-Use designations, and current land uses for surrounding properties are as follows:
Table 1: Surrounding Land Uses
Zoning & General Plan
Designations Current Land-Use
North Mixed-Use Neighborhood
(MU-N) Vacant Parcel
West Mixed-Use Neighborhood
(MU-N) Vacant Parcel
South Unincorporated Riverside County Abandoned Building East Mixed-Use Neighborhood
(MU-N) Vacant Parcel
PROJECT LAND USE PLAN
A breakdown of the proposed project can be found in Table 2 which includes a summary of uses and square footages within the project site.
Table 2:
Land Use Currently Proposed
Convenience Store 7,460 square feet
Fueling Station 5,971 sq. ft. of Canopy
Car Wash 1,790 square feet
Quick Service Restaurant 2,000 square feet
The project will be developed through a phased approach. The first phase will consist of the Beyond Food Mart drive-thru convenience store and carwash, as well as the fuel station. Phase 2 (northern portion of site) is for a future quick service restaurant (QSR).
Permitted Uses Table: Table 3 provides a comparison of the land uses permitted in the Specific Plan with the General Plan/Zoning Ordinance allowable land uses. A complete list of all allowable uses can be found within Exhibit 2.
“P” - Use is permitted by right. * Subject to Section 17.92, Development Permits
SR-24-250
“A” – Use is accessory to an established primary use
“AUP” – Use requires a Administrative Conditional Use Permit. “CUP” – Use requires a Conditional Use Permit
“TUP” – Use requires a Temporary Use Permit
“-“- Use Not Allowed
* Subject to Section 17.92 Development Permit
Table 3:
Allowable Uses MU-N Specific Plan
Alcohol Beverage Sales- Off
Site Consumption CUP P*
Convenience Store AUP P*
Fueling Station - P*
Car Wash - P*
Retail Sales General P P
Restaurant w/ Drive-through
Facilities CUP AUP
Restaurant – Full or Limited
Service, No Alcohol P AUP
Restaurant – Full or Limited
Service, Serving Alcohol AUP CUP
Farmers Market TUP TUP
Commercial Recreation –
Indoors CUP CUP
Entertainment – Indoors CUP CUP
SPECIFIC PLAN DEVELOPMENT STANDARDS
The Pierson Commercial Specific Plan establishes the building and development standards for the approximately 3.99-acre site. The intent is to encourage a mix of retail and similar amenities that will be valued by local and through traffic, and by residents of adjacent mixed-use and residential developments in the future.
The current development standards assigned to Mixed-Use Neighborhood zones still apply to the SP area, with some modifications. Table 4 shows the comparison between the City’s existing MU-N standards and the proposed Specific Plan standards.
Table 4:
Development Standard Current MU-N Proposed Specific Plan Maximum Floor Area Ratio
(FAR) 1.00 1.00
Minimum Lot Width 50 feet 100 feet
Minimum Separation Between
Buildings 10 feet 10 feet
Minimum Front Yard Setback 10 feet 15 feet
SR-24-250
Development Standard Current MU-N Proposed Specific Plan Maximum Side Yard Setback
Interior
Exterior
5 feet
10 feet
10 feet
10 feet
Minimum Rear Yard Setback
Standard Lot
Adjacent to Alley
15 feet
10 feet
15 feet
10 feet
Maximum Number of Stories 3 Stories 3 Stories
Maximum Building/Structure
Height 45 feet 45 feet
DEVELOPMENT PERMIT
Per Section 2.1 Allowable Uses of the Specific Plan (Exhibit 2), a Development Permit application is required for the development of a Convenience Store with alcohol sales, and a 16-pump fueling station which also includes hydrogen pumps. The applicant proposes developing a 7,460 square foot convenience store with a fueling station, and a drive-thru carwash on approximately 3.99-acre parcel (APN: 664-080-017).
ARCHITECTURAL DESIGN GUIDELINES
The Specific Plan provides guidelines to help guide the design of the Pierson Commercial Specific Plan to ensure that the resulting project is high-quality, and that existing and proposed uses are visually and functionally cohesive. Architecture within the Pierson Commercial Specific Plan will prioritize functionality while being sensitive to future mixed-use projects.
The Specific Plan envisions a contemporary commercial development with retro-inspired design. The project proposes a contemporary palette of mixed materials and colors. Building facades creatively combine materials such as metal cladding, wood battens or panels, and painted stucco to complement the massing and architectural style used. The design guidelines will establish and ensure that all development within the Specific Plan is complementary to the proposed project and the surrounding community.
CIRCULATION
The project site is bounded by Indian Canyon Drive to the east, and Pierson Boulevard to the south.
The project will provide two access points off of Indian Canyon Drive and one access point on Pierson Boulevard. Primary project ingress and egress will occur at the mid-point entrance off of Indian Canyon Drive.
Internal circulation will be provided by private driveways, connecting all proposed buildings to the Project entry and exit points. Sidewalks will be provided for internal pedestrian circulation and will connect with the sidewalks planned for Pierson Boulevard and Indian Canyon Drive. The applicant will be constructing their fair share of Indian Canyon and Pierson Boulevard.
PARKING STANDARDS
Parking within the Pierson Commercial Specific Plan will be subject to the City of Desert Hot Springs Municipal Code 17.48 for Off-Street Parking & Loading Standards. Below is a breakdown of the parking provided by the development.
Table 5:
SR-24-250
Proposed Use Parking Ratio Parking Required Parking Provided Convenience Store 1 space per 250 sq. ft. 29 30
Fueling Station 1 space per pump plus
1 per service bay 18 18
Drive-thru Car Wash Stacking for 6 vehicles 6 7 stacking & 7 vacuum stalls
Quick Service
Restaurant
1 space per 100 sq. ft.
plus stacking for 6
vehicles
20 46 stalls & 7 for
stacking
LANDSCAPE
The Pierson Commercial Specific Plan envisions landscaping that is sensitive to its desert setting, using water-efficient vegetation to soften and complement the appearance of the development.
Landscaping will be designed to visually enhance the development, and must adhere to the requirements of the DHSMC 17.56 and Mission Springs Water District standards.
The proposed conceptual landscape plan indicates water efficient plants and landscaping. The landscaping plan envisions the use of flowering trees, shrubs, and plant species to introduce pops of color to the site. Suggested species include Desert Museum Palo Verde, Compact Texas Sage, Firecracker Penstemon, and Bougainvillea. The colorful species will be planted alongside low water use greenery such as Chilean Mesquite, Emerald Blanket, and Desert Spoon. The landscaping plan suggests the use of low brush, such as Prostrate Coyote Brush and Irene Trailing Rosemary, as well as cobble stone and decomposed granite, as groundcover. The landscape plan will be permanently maintained and will be watered by an automatic irrigation system.
PHASING PLAN
The project will be developed in two phases. The southern portion of the site, consisting of a Beyond Food Mart drive-thru convenience store and a car wash, as well as a Union 76 fuel station, will be developed first. The northern portion of the site will provide space for a drive-thru quick service restaurant (QSR). Any changes to phase two will be subject to the requirements of the Specific Plan, Allowable Land Uses. The design guidelines included in the Specific Plan will permit flexibility for future tenants.
FENCING PLAN
The project site will be bounded by a 6-foot perimeter CMU wall on the northern and western property lines, screening on the back of the commercial buildings from view for future neighboring developments. Materials such as CMU and painted stucco is an allowable and encouraged material type. The Pierson Commercial Specific Plan will be developed as a unified project. Walls dividing the site is prohibited, with the exception of trash enclosures, service areas, loading docks, or other similar uses. Any other proposed materials shall conform to the DHSMC 17.40.110.
LIGHTING
An exterior photometric plan will be reviewed, and it shall indicate wall packs and freestanding poles that would provide lighting throughout the site, with an average two foot-candles provided at the entrance. In accordance with the City’s lighting standards, outdoor ambient lighting will be minimized in order to preserve dark skies and prevent nuisances for future properties in the vicinity.
SIGNAGE
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The materials used for signage will be consistent with the overall materials and design themes used throughout the project, while allowing flexibility to display tenant branding. Signage should be located and positioned in a manner that supports identification and wayfinding while ensuring that visual clutter is avoided.
All signage proposed within the project is required to comply with the DHSMC Chapter 17.44. As an exception, the Specific Plan will permit the maximum height for business identification signs to extend above the eave line, but only when integrated into the design of the building. Staff will evaluate signage for conformance with the zoning code as a separate application, and a condition has been added that all future signage will require a separate review and approval.
NOTICING REQUIREMENT
The project was noticed to neighboring owners within a 300-foot radius of the project site on November 21st, 2024, and was advertised in the Desert Star Weekly on November 22nd, 2024, per state noticing requirements.
FISCAL IMPACT:
The applicant has paid all application fees related to the Specific Plan and Development Permit for entitlements. Additionally, the proposed development will be subject to all Building Permit fees and property taxes.
ENVIRONMENTAL ANALYSIS:
A Draft Mitigated Negative Declaration (SCH # 2023070608) was prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) and the CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.) The Draft Mitigated Negative Declaration was prepared in accordance with the CEQA Guidelines Section 15070, Subsection (a), to determine whether there are potentially significant impacts associated with development of the proposed project.
OPTIONAL:
SPECIFIC PLAN APPROVAL FINDINGS
Under Section 17.128.070 of the Desert Hot Springs Municipal Code, a Specific Plan may only be adopted only if all of the following findings are made:
1. The proposed plan is consistent with the General Plan; The proposed Specific Plan has been evaluated against the General Plan of the City of Desert Hot Springs to identify any potential inconsistencies. The proposed Specific Plan will provide for adequate public and private improvements to avoid any conflicts with the General Plan Land Use, Circulation, Housing and other Elements of the Community Development Chapter; as well as with the Environmental Resources, Environmental Hazards, and Public Facilities and Facilities Chapters. Staff has identified no inconsistencies between the proposed Specific Plan and the General Plan. Staff recommends this finding.
2. The proposed plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the City;
The proposed Specific Plan provides for development of a mixed-use/commercial development, including provisions for public and private improvements to address vehicular circulation, including
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emergency services, as well as drainage, air quality and other environmental factors. The proposed Specific Plan implements General Plan economic goals through the establishment of polices and regulations supporting a commercial development. Staff has concluded that the proposal would not be detrimental to the public interest, health, safety, convenience or welfare of the City. Staff recommends this finding.
3. The subject property is physically suitable for the requested land use designation(s) and the anticipated land use development(s);
The proposed Specific Plan would amend the General Pan Land Use Map for the 3.99-acre site to a Specific Plan to support the development of a mixed-use/commercial complex. Public streets fronting all property boundaries of the site provide adequate access, and no physical constraints to the proposed development have been identified. The Specific Plan provides for a use that is compatible with future commercial zones surrounding. Staff has determined the subject parcel is physically suitable for the requested land use designation and anticipated development. The proposed Specific Plan will bring retail and car service amenities to an area designated for mixed-use development.
Staff recommends this finding.
4. The proposed plan shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood; The proposed Specific Plan includes development regulations (zoning standards), design guidelines and review procedures to assure that future development of the site is of a desirable character, both functionally and esthetically. These regulations, guidelines and procedures will also assure that all uses allowed on the site are compatible with the surrounding development. Staff recommends this finding.
5. The proposed plan will contribute to a balance of land uses so that local residents may work and shop in the community in which they live.
The proposed Specific Plan will ensure that the proposed development is appropriate for the character and conditions of the site and the desert setting. The development will include the addition of sidewalks as well as there fair share of off-site street improvements. The proposed Specific Plan will contribute to a balance of land uses, within which local residents may commute to work. Staff recommends this finding.
DEVELOPMENT PERMIT FINDINGS
Under Section 17.92.060 of the Desert Hot Springs Municipal Code, the Development Permit may only be approved only if all of the following findings are made:
1. The proposed use is consistent with the General Plan; The proposed Specific Plan has been evaluated against the General Plan of the City of Desert Hot Springs to identify any potential inconsistencies. The proposed Specific Plan will provide for adequate public and private improvements to avoid any conflicts with the General Plan Land Use, Circulation, Housing and other Elements of the Community Development Chapter; as well as with the Environmental Resources, Environmental Hazards, and Public Facilities and Facilities Chapters. Staff
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has identified no inconsistencies between the proposed Specific Plan and the General Plan. Staff recommends this finding.
2. The proposed use is permitted within the subject land use district and complies with all of the applicable provisions of this zoning Ordinance, including prescribed development standards and design guidelines;
The proposed Pierson Commercial Specific Plan which is specifically labeled as an allowable “Use” with an approval of a Development Permit within the table of permitted uses. The proposed development of the project site is consistent with the development standards and design guidelines, in reference to density, setbacks, height, open space, and architecture. Staff recommends this finding.
3. The subject site is physically suitable for the type and intensity of the land use being proposed;
The proposed Specific Plan is for the development of a mixed-use commercial development on a vacant 3.99-acre site which will introduce commercial development to a section of Pierson Boulevard that is predominantly occupied by vacant properties. The proposed convenience store, car wash, fuel station, and quick service restaurant are to be situated in an area that currently has limited residential development and no commercial development, and thus will not be creating an over-concentration of uses therefore this is suitable for the type and intensity of the land use for a new RV storage facility.
Staff recommends this finding.
4. The proposed development would be compatible with existing and future developments within the land use district and general area; The Pierson Commercial Specific Plan is compatible with future developments within the land use district and general area. The project will support development and growth that balance residential, commercial, industrial, and open space uses in a manner that meet the needs of the community without overburdening community resources and infrastructure. The site has been designed to be compatible with future developments within the surrounding vicinity. Staff recommends this finding.
5.There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use is not detrimental to public health and safety; The current project has been conditioned to ensure that adequate public access and roadway capacity to serve the proposed project site. The public utilities and services will ensure that the proposed use is not detrimental to public health and safety. Staff recommends this finding.
6. There is adequate public access and roadway capacity to serve the subject proposal; The proposed project will be providing adequate access to roadway frontages that include Pierson Blvd. and Indian Canyon Drive. The off-site improvements include dedication of 15 feet of Pierson Blvd, new striping and sidewalks. This will ensure there is adequate public access and roadway capacity to serve commercial development. Staff recommends this finding.
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7. There are no significant harmful effects upon environmental quality and natural resources;
The proposed development of the Pierson Commercial Specific Plan has been assessed for environmental impacts. Mitigation measures are proposed for adoption included in the Mitigated Negative Declaration. The proposed project will be required to adhere to the mitigation measures in the MND and has been conditioned by Fire, Engineering and Planning Department’s to comply with current standards. The Building Department will review the plans upon submittal of the plan check to ensure the projects compliance with the California Building Code. Staff recommends this finding.
8. Any negative impacts of the proposed use can and shall be mitigated; and The proposed Pierson Commercial Specific Plan has been assessed for environmental impacts and mitigation measures have been imposed and will be required to adhere to the mitigation measures within the Mitigated Negative Declaration. Therefore, any negative impacts of the proposed use can and will be mitigated. Staff recommends this finding.
9. The proposed location, size, design, and operational characteristics of the planned use are not detrimental to the public interest, health, safety, convenience, or welfare of the City;
The proposed project is for the development of an mixed-use commercial development. The proposed development of the project is consistent with the proposed Specific Plan, the permitted uses and development standards and will not be a determent to the public interest, public health safety convenience or the welfare of the City. Staff recommends this finding.
ATTACHMENTS:
1) Draft Conditions of Approval
2)Resolution
3)Ordinance
4)Pierson Commercial Specific Plan
5)Draft Mitigated Negative Declaration
6)Appendix B CalEEMod Outputs
7)Appendix C Risk Tool V1.105
8)Appendix D BRA-JD-CVMSHCP
9)Appendix E CONFIDENTIAL Phase I Cultural Resources Assessment Title Page Only 10)Appendix F Geotechnical Engineering
11)Appendix G Phase I ESA
12)Appendix H Preliminary WQMP Report Updated
13)Appendix I Water & Sewer Will Serve Letter
14)Appendix J Preliminary Hydrology Report Updated
15)Appendix K Noise
16)Appendix L TIA
17)Appendix M VMT
18)Comment Letter 1
19)Comment Letter 2
20)Comment Letter 3
21) Architectural Plans
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22)Preliminary Civil Plans
23)Preliminary Landscape Plans
24)Response to Comment Letter 2
25)Responses to Comment Letter 3
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS ADDING CHAPTER 17.260 “PIERSON COMMERCIAL
SPECIFIC PLAN” TO TITLE 17 “ZONING” OF THE DESERT HOT
SPRINGS MUNICIPAL CODE TO ESTABLISH ZONING STANDARDS
FOR THE PIERSON COMMERCIAL SPECIFIC PLAN AREA
WHEREAS, the City of Desert Hot Springs (“City”) has a responsibility to plan and regulate the use of property within the City; and
WHEREAS, the City has received an application to adopt the Pierson Commercial Specific Plan SP 22-4 (“Specific Plan”) for a 3.99-acre property, as well as supporting applications for Development Permit 22-8, collectively “Project”; and WHEREAS, the Desert Hot Springs Municipal Code (“DHSMC”) provides for the adoption of Specific Plans and related actions, as follows:
• Chapter 17.88 provides for the adoption of Zoning Ordinance Amendments; • Chapter 17.100 provides for the adoption of General Plan Amendments; • Chapter 17.128 provides for the approval of Specific Plans; and WHEREAS, the City Council desires to 1) add Chapter 17.260 “Pierson Commercial Specific Plan”, to provide a comprehensive set of zoning regulations to facilitate the development of the subject site, while at the same time ensuring that such development does not conflict with the General Plan, is not inconsistent with surrounding uses, and is not detrimental to the public health, safety and welfare; and WHEREAS, the City Council finds that the adoption of this ordinance has been adequately evaluated by the applicable provisions of the California Environmental Quality Act (CEQA), and that the City Council hereby certifies the Mitigated Negative Declaration and Mitigation Monitoring Program prepared from the Initial Study (see accompanying Resolution for the Project); and
WHEREAS, the City Council finds this ordinance is not detrimental to the public interest, health, safety, convenience, or welfare of the City and is for the convenience and general welfare of the City; and
WHEREAS, this Ordinance is compatible with the general objectives of the General Plan and the Pierson Commercial Specific Plan, in that the subject uses and standards conform goals, policies and standards of the General Plan and Specific Plan; and WHEREAS, the City’s Planning Commission held a public hearing, considered this Ordinance (along with the Project), and made a positive recommendation to the City Council; and
WHEREAS, on ______ the City Council concluded the public hearing and considered this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS DOES ORDAIN AS FOLLOWS:
Section 1. RECITALS.
The Recitals are true and correct and are hereby incorporated by this reference.
Section 2. EVIDENCE
That the City Council has considered all of the evidence submitted into the administrative record, which includes, but is not limited to, the following:
(a) The City’s Municipal Code and its General Plan, including updates; (b) The documents that consist of the Project;
(c) All of the environmental documents;
(d) The adopted Pierson Commercial Specific Plan;
(e) Testimony and/or comments from all persons including the Applicant and its representatives submitted to the City in both written and oral form at, or prior to, the public hearing conducted at the Planning Commission and the City Council; (f) Planning Commission’s recommendation; and
(g) Public comments, both written and oral, received and/or submitted at, or prior to the City Council’s consideration of this ordinance.
Section 3. ADDING CHAPTER 17.260 “PIERSON COMMERCIAL SPECIFIC PLAN” TO TITLE 17 “ZONING”
Chapter 17.260 “Pierson Commercial Specific Plan” shall be added to read as follows:
17.260.010. – Pierson Commercial Specific Plan Map
The area of the Pierson Commercial Specific Plan is set forth on the following map, including the establishment of the Planning Area:
17.260.020. – Pierson Commercial Specific Plan – Permitted Uses Table The following tables for permitted uses shall govern:
Pierson Commercial Specific Plan
17.260.030. – Pierson Commercial Specific Plan – Development Standards The following development standards shall govern:
17.260.040 – Review and Approval
A. All uses within the Pierson Commercial Specific Plan Planning Areas shall be subject to review and approval for conformance with this Chapter.
B. Uses which are indicated as “P” (Permitted) shall require, for any related construction or development, review, and approval by the Planning Commission, in accordance with Section 17.92 (Development Permit).
C. Uses which are indicated as “CUP” (Conditional Use Permit) shall require review and approval by the Planning Commission in accordance with Section 17.76 (Conditional Use Permits).
D. Required findings for approval of Development Permit (Section 17.92) or Conditional Use Permit (Section 17.76) shall include consideration of the Design Guidelines of the Pierson Commercial Specific Plan.
Section 4. ENVIRONMENTAL FINDINGS
Pursuant to the California Environmental Quality Act (“CEQA”), an Initial Study has been prepared and has determined that development of the Project would not have a significant impact on the environment, with the implementation of mitigation measures. A draft Mitigated Negative Declaration is proposed and contains certain mitigation measures in conformance with Section 15070, Subsection (a), of the CEQA.
The initial study shows that there is no substantial evidence, in light of the whole record before the agency, that the Project may have a significant effect on the environment, The MND is part of the record. This is the independent judgement of the City Council.
Section 5. GENERAL PLAN CONSISTENCY FINDINGS
The City Council finds the Specific Plan is compatible with the general objectives of the General Plan and any applicable specific plan, in that the subject uses would be conditionally permitted in Mixed Use districts, similar to other permitted and conditionally permitted uses, and in that the use will be subject to strict review and conditions.
Section 6. GENERAL FINDINGS
The City Council finds this ordinance is not detrimental to the public interest, health, safety, convenience, or welfare of the City.
Section 7. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.
Section 8. AMENDING OF BAIL SCHEDULE
That the City Attorney’s Office is hereby directed to determine whether this ordinance
necessitates amendment of the City’s Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.
Section 9. EXECUTION AND CERTIFICATION
That the City Clerk is directed to do all things necessary to cause the execution of this ordinance immediately upon its adoption and shall thereafter certify to the passage of this ordinance and cause the same to be published according to law.
Section 10. EFFECTIVE DATE
That this ordinance shall take effect thirty (30) days after its second reading by the City Council.
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The foregoing Ordinance was approved and adopted at a meeting of the City Council held on ______________________, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jerryl Soriano, City Clerk
Scott Matas, Mayor
APPROVED AS TO FORM:
Tuan-Anh Vu ,
City Attorney