Palm Desert City Council
September 14, 2023

THENCE SOUTH 05°34’10” WEST 50.04 FEET;
THENCE SOUTH 19°49’57” EAST 63.43 FEET;
THENCE SOUTH 00°10’11” EAST 96.34 FEET;
THENCE SOUTH 33°33’58” EAST 67.45 FEET;
THENCE SOUTH 20°16’42” WEST 72.25 FEET;
THENCE SOUTH 28°27’24” EAST 87.65 FEET;
THENCE SOUTH 24°20’57” WEST 47.10 FEET;
THENCE SOUTH 11°49’52” WEST 55.43 FEET;
THENCE SOUTH 17°56’47” EAST 99.36 FEET;
THENCE SOUTH 01°21’35” EAST 37.41 FEET;
THENCE SOUTH 12°13’08” EAST 88.42 FEET;
THENCE SOUTH 23°12’53” EAST 30.45 FEET;
THENCE SOUTH 37°47’18” EAST 96.72 FEET;
THENCE SOUTH 49°02’18” EAST 164.14 FEET;
THENCE SOUTH 84°29’02” EAST 138.13 FEET;
THENCE SOUTH 49°09’33” EAST 59.15 FEET;
THENCE SOUTH 36°52’01” EAST 102.72 FEET;
THENCE SOUTH 41°38’49” WEST 116.42 FEET;
THENCE SOUTH 89°28’07” WEST 98.69 FEET;
THENCE NORTH 63°41’27” WEST 81.35 FEET;
THENCE NORTH 68°56’53” WEST 207.56 FEET;
THENCE SOUTH 38°43’52” WEST 66.13 FEET;
THENCE NORTH 79°57’37” WEST 224.82 FEET;
THENCE NORTH 55°44’54” WEST 48.57 FEET;

THENCE NORTH 19°43’54” WEST 74.30 FEET;
THENCE NORTH 10°59’47” EAST 95.72 FEET;
THENCE NORTH 88°47’05” EAST 149.46 FEET;
THENCE SOUTH 69°38’17” EAST 134.96 FEET;
THENCE SOUTH 26°55’29” EAST 61.87 FEET;
THENCE SOUTH 76°16’32” EAST 64.37 FEET;
THENCE SOUTH 59°05’16” EAST 94.69 FEET;
THENCE NORTH 39°12’21” EAST 41.56 FEET;
THENCE NORTH 05°47’39” WEST 44.37 FEET;
THENCE NORTH 49°02’18” WEST 151.15 FEET;
THENCE NORTH 37°47’18” WEST 58.33 FEET;
THENCE SOUTH 73°54’22” WEST 98.11 FEET;
THENCE NORTH 84°59’58” WEST 62.43 FEET;
THENCE NORTH 47°06’12” WEST 76.65 FEET;
THENCE NORTH 60°31’19” WEST 96.77 FEET;
THENCE NORTH 75°08’04” WEST 64.98 FEET;
THENCE NORTH 36°47’09” WEST 84.86 FEET;
THENCE NORTH 80°32’24” WEST 71.83 FEET;
THENCE NORTH 39°43’18” WEST 106.99 FEET;
THENCE NORTH 75°23’01” WEST 154.49 FEET;
THENCE NORTH 45°57’27” WEST 83.96 FEET;
THENCE NORTH 72°10’52” WEST 73.73 FEET;
THENCE NORTH 41°08’56” WEST 90.95 FEET;

THENCE NORTH 66°59’55” WEST 136.85 FEET;
THENCE NORTH 25°12’50” WEST 51.42 FEET;
THENCE NORTH 63°13’43” WEST 44.63 FEET;
THENCE NORTH 35°44’42” WEST 24.58 FEET TO THE TRUE POINT OF BEGINNING.

CONTAINING 5.74 ACRES MORE OR LESS.

SEE EXHIBIT “B” ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF.

THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION IN COMPLIANCE WITH THE CALIFORNIA LAND SURVEYORS ACT.
______________________________________________
TUNG JU HSIEH - PLS 8722 DATE: 08/29/2023

THE ALTUM GROUP
44-600 Village Court, Suite 100
Palm Desert, CA 92260
Tel: 760 346-4750

E-1

EXHIBIT E

CONSTRUCTION EASEMENT

EXHIBIT “A”

TEMPORARY CONSTRUCTION EASEMENT

LEGAL DESCRIPTION
PARCEL “A”
BEING PORTIONS OF LOTS 8 AND 15 OF TRACT MAP NO. 28450, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, PER MAP ON FILE IN BOOK 264, PAGES 4 THROUGH 15, INCLUSIVE, IN THE OFFICE OF RIVERSIDE COUNTY RECORDER, LYING WITHIN SECTION 4, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SBM, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF LOT 8, A CORNER COMMON TO LOTS 8, 9 AND 15 OF SAID TRACT MAP NO. 28450.

THENCE NORTH 63°34’06” WEST 28.07 FEET;
THENCE NORTH 03°12’21” WEST 19.35 FEET;
THENCE NORTH 78°49’54” EAST 110.12 FEET;
THENCE NORTH 60°33’59” EAST 82.28 FEET;
THENCE NORTH 84°16’31” EAST 71.10 FEET;
THENCE SOUTH 75°48’37” EAST 64.28 FEET;
THENCE NORTH 56°17’35” EAST 133.01 FEET;
THENCE NORTH 73°19’24” EAST 41.43 FEET;
THENCE NORTH 50°15’00” EAST 54.57 FEET;
THENCE NORTH 79°05’58” EAST 77.91 FEET;
THENCE NORTH 17°53’28” EAST 78.69 FEET;
THENCE NORTH 70°09’52” EAST 50.82 FEET;
THENCE SOUTH 74°08’15” EAST 75.97 FEET TO A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 125.00 FEET, A RADIAL LINE TO SAID CURVE BEARS NORTH 33°04’01” WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 30.08 FEET THROUGH A CENTRAL ANGLE OF 13°47’14”;

THENCE SOUTH 43°08’44” WEST 105.70 FEET;
THENCE SOUTH 58°38’11” WEST 159.58 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 160.00 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 51.07 FEET THROUGH A CENTRAL ANGLE OF 18°17’23”, A RADIAL LINE TO SAID CURVE BEARS NORTH 49°39’12” WEST, TO THE NORTHERLY LINE OF SAID LOT 8;
THENCE SOUTH 79°34’39” WEST 437.39 FEET ALONG SAID NORTHERLY LINE TO THE TRUE POINT OF BEGINNING.

CONTAINING 1.01 ACRES, MORE OR LESS.

SEE EXHIBIT “B” ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF.

PARCEL “B”
BEING A PORTION OF LOT 13 OF TRACT MAP NO. 28450, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, PER MAP ON FILE IN BOOK 264, PAGES 4 THROUGH 15, INCLUSIVE, IN THE OFFICE OF RIVERSIDE COUNTY RECORDER, LYING WITHIN SECTION 4, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SBM, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF LOT 13, A CORNER COMMON TO LOTS 8, 9 AND 13 OF SAID TRACT MAP NO. 28450.

THENCE ALONG THE SOUTHWESTERLY, SOUTHERLY AND EASTERLY LINES OF SAID LOT 8 OF THE FOLLOWING SEVEN (7) COURSES:

THENCE NORTH 88°12’27” EAST 107.44 FEET;
THENCE SOUTH 56°09’14” EAST 511.53 FEET;
THENCE SOUTH 64°34’05” EAST 166.47 FEET;
THENCE SOUTH 57°36’10” EAST 352.15 FEET;
THENCE NORTH 71°02’30” EAST 91.55 FEET;
THENCE NORTH 12°32’21” WEST 329.16 FEET;
THENCE NORTH 04°27’06” WEST 460.65 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 95.00 FEET;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 103.31 FEET THROUGH A CENTRAL ANGLE OF 62°18’34”, TO THE SOUTHEASTERLY LINE OF SAID LOT 8; THENCE NORTH 57°51’27” EAST 47.26 FEET ALONG SAID SOUTHEASTERLY LINE TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF DESERT WILLOW DRIVE, 77.50 FEET HALF WIDTH; THENCE SOUTH 15°29’13” EAST 36.80 FEET ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE; THENCE SOUTH 59°08’49” WEST 72.53 FEET;
THENCE SOUTH 13°45’41” WEST 33.10 FEET;
THENCE SOUTH 02°26’20” EAST 29.40 FEET;
THENCE SOUTH 23°24’32” EAST 26.49 FEET;

THENCE SOUTH 05°34’10” WEST 50.04 FEET;
THENCE SOUTH 19°49’57” EAST 63.43 FEET;
THENCE SOUTH 00°10’11” EAST 96.34 FEET;
THENCE SOUTH 33°33’58” EAST 67.45 FEET;
THENCE SOUTH 20°16’42” WEST 72.25 FEET;
THENCE SOUTH 28°27’24” EAST 87.65 FEET;
THENCE SOUTH 24°20’57” WEST 47.10 FEET;
THENCE SOUTH 11°49’52” WEST 55.43 FEET;
THENCE SOUTH 17°56’47” EAST 99.36 FEET;
THENCE SOUTH 01°21’35” EAST 37.41 FEET;
THENCE SOUTH 12°13’08” EAST 88.42 FEET;
THENCE SOUTH 23°12’53” EAST 30.45 FEET;
THENCE SOUTH 37°47’18” EAST 96.72 FEET;
THENCE SOUTH 49°02’18” EAST 164.14 FEET;
THENCE SOUTH 84°29’02” EAST 138.13 FEET;
THENCE SOUTH 49°09’33” EAST 59.15 FEET;
THENCE SOUTH 36°52’01” EAST 102.72 FEET;
THENCE SOUTH 41°38’49” WEST 116.42 FEET;
THENCE SOUTH 89°28’07” WEST 98.69 FEET;
THENCE NORTH 63°41’27” WEST 81.35 FEET;
THENCE NORTH 68°56’53” WEST 207.56 FEET;
THENCE SOUTH 38°43’52” WEST 66.13 FEET;
THENCE NORTH 79°57’37” WEST 224.82 FEET;
THENCE NORTH 55°44’54” WEST 48.57 FEET;

THENCE NORTH 19°43’54” WEST 74.30 FEET;
THENCE NORTH 10°59’47” EAST 95.72 FEET;
THENCE NORTH 88°47’05” EAST 149.46 FEET;
THENCE SOUTH 69°38’17” EAST 134.96 FEET;
THENCE SOUTH 26°55’29” EAST 61.87 FEET;
THENCE SOUTH 76°16’32” EAST 64.37 FEET;
THENCE SOUTH 59°05’16” EAST 94.69 FEET;
THENCE NORTH 39°12’21” EAST 41.56 FEET;
THENCE NORTH 05°47’39” WEST 44.37 FEET;
THENCE NORTH 49°02’18” WEST 151.15 FEET;
THENCE NORTH 37°47’18” WEST 58.33 FEET;
THENCE SOUTH 73°54’22” WEST 98.11 FEET;
THENCE NORTH 84°59’58” WEST 62.43 FEET;
THENCE NORTH 47°06’12” WEST 76.65 FEET;
THENCE NORTH 60°31’19” WEST 96.77 FEET;
THENCE NORTH 75°08’04” WEST 64.98 FEET;
THENCE NORTH 36°47’09” WEST 84.86 FEET;
THENCE NORTH 80°32’24” WEST 71.83 FEET;
THENCE NORTH 39°43’18” WEST 106.99 FEET;
THENCE NORTH 75°23’01” WEST 154.49 FEET;
THENCE NORTH 45°57’27” WEST 83.96 FEET;
THENCE NORTH 72°10’52” WEST 73.73 FEET;
THENCE NORTH 41°08’56” WEST 90.95 FEET;

THENCE NORTH 66°59’55” WEST 136.85 FEET;
THENCE NORTH 25°12’50” WEST 51.42 FEET;
THENCE NORTH 63°13’43” WEST 44.63 FEET;
THENCE NORTH 35°44’42” WEST 24.58 FEET TO THE TRUE POINT OF BEGINNING.

CONTAINING 5.74 ACRES MORE OR LESS.

SEE EXHIBIT “B” ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF.

THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION IN COMPLIANCE WITH THE CALIFORNIA LAND SURVEYORS ACT.
______________________________________________
TUNG JU HSIEH - PLS 8722 DATE: 08/29/2023

THE ALTUM GROUP
44-600 Village Court, Suite 100
Palm Desert, CA 92260
Tel: 760 346-4750

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 14, 2023
PREPARED BY: Cora L. Gaugush, Project Technician
REQUEST: RATIFY AMENDMENT NO. 1 TO CONTRACT NO. C44620B WITH BELFOR USA GROUP, INC., FOR PROPERTY RESTORATION

SERVICES
RECOMMENDATION:

Ratify Amendment No. 1 to Contract No. C44620B with Belfor USA Group, Inc., for property restoration services.

BACKGROUND/ANALYSIS:

On April 27, 2023, City Council approved Change Order No. 1 to C44620B with BELFOR Property Restorations to increase the annual aggregate amount amongst all approved vendors to $3,000,000 in Fiscal Year (FY) 2023/24 and FY 2024/25. Attached to the staff report was a Contract Change Order form for the contractor to be executed.

BELFOR took issue with the form of the Change Order and requested a Contract Amendment be used in its place. Staff conferred with the City Attorney’s office, and after some negotiation as to the language, the attached Contract Amendment was acceptable to both parties.

As this format was not presented to the City Council with the original approval of the Change Order request, staff is now requesting ratification of the change in format. This is a clerical substitution with no impact on the approved contract amounts.

Legal Review:

This report has been reviewed by the City Attorney’s office. Staff worked closely with Craig Hayes with the City Attorney’s office.

FINANCIAL IMPACT:

There is no fiscal impact with this action. The intent and amount of the Change Order approval did not change.

ATTACHMENT:

Amendment No. 1 to C44620B

(SIGNATRES ON FOLLOWING PAGE)
AMENDMENT NO. 1 TO CONTRACT NO. C44620B

MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY PALM DESERT AND BELFOR USA GROUP

1. Parties and Date.

This Amendment No. 1 to Contract No. C44620B, the Maintenance Services Agreement is made and entered into as of this 27th day of June, 2023, by and between the City of Palm Desert (“City”) and Belfor USA Group, Inc. City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Contractor have entered into an agreement entitled “Maintenance Services Agreement” dated January 12, 2023 (“Agreement”) for the purpose of retaining the services of Contractor to provide facility repairs and improvements.

2.2 Amendment. The City Council on April 27, 2023, approved to increase the annual aggregate amount to $3,000,000 in Fiscal Year 2023/2024 and Fiscal Year 2024/2025 and $750,000, in the aggregate, for Fiscal Year 2022/2023, for this Agreement along with two other contracts.

3. Terms.

3.1 Amendment. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
“Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total compensation, in the aggregate, shall not exceed $750,000 for Fiscal Year 2022/2023, $3,000,000 in Fiscal Year 2023/2024, and $3,000,000 in Fiscal Year 2024/2025, without the written approval of the City Council or City Manager, as applicable.”

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

DocuSign Envelope ID: 495DE055-211E-4F3A-BC32-D89EB548C6E2

Contract No. C44620B

AMENDMENT NO. 1 TO CONTRACT NO. C44620B

MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY PALM DESERT AND BELFOR USA GROUP
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to Contract No. C44620B, a Maintenance Services Agreement, as of the 26h day of June, 2023.

CITY OF PALM DESERT
Approved By:

L. Todd Hileman
City Manager
Attested By:

Anthony J. Mejia
City Clerk

BELFOR USA GROUP

Signature
Rachel Manos
Name
General Counsel
Title
_______________
James Claborn
Attorney
Approved to form:
____________________________________
Best Best & Krieger, LLP
City Attorney
QC:MN
INSURANCE:
_____________

INITIAL REVIEW
____________

FINAL REVIEW
DocuSign Envelope ID: 495DE055-211E-4F3A-BC32-D89EB548C6E2

SCITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 14, 2023
PREPARED BY: Erika Castellano, Assistant to the City Council REQUEST: ACCEPTANCE OF A RESIGNATION FROM THE HOMELESSNESS

TASKFORCE AND APPOINTMENTS TO THE HOMELESSNESS

TASKFORCE AND HOUSING COMMISSION
RECOMMENDATION:

1. With regret, accept the resignation of Rosemary Anaya from the Homelessness Taskforce.

2. Appoint Christopher Schachter to the Homelessness Taskforce for a term ending June 30, 2025.

3. Appoint Davis Meyer to the Homelessness Taskforce for a term ending June 30, 2027.

4. Appoint Olivia Bocken to the Housing Commission as a Housing Authority Tenant for a term ending June 30, 2025.

5. Appoint Dominic Moore to the Housing Commission for a term ending June 30, 2027.

BACKGROUND/ANALYSIS:

On September 1, 2023, a Study Session was conducted to interview applicants for the Homelessness Taskforce and Housing Commission. At the conclusion of the Study Session, the City Council recommended the appointments of Christopher Schachter to the Homelessness Taskforce and Dominic Moore and Olivia Bocken to the Housing Commission.

On September 3, 2023, Rosemary Anaya notified City staff of her resignation from the Homelessness Taskforce due to illness. Ms. Anaya was appointed on June 22, 2023, for a term ending June 30, 2027. It is recommended that the City Council appoint Davis Meyer to fill this unscheduled vacancy.

After these appointments the following position remains vacant:
 Housing Commission 1 position
Legal Review:

This report has been reviewed by the City Attorney’s office.

FINANCIAL IMPACT:

There is no financial impact associated with this action.

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 14, 2023
PREPARED BY: Shawn Muir, Community Services Manager, Public Works REQUEST: APPROVE CONTRACT WITH SHADE STRUCTURES, INC., DBA USA

SHADE & FABRIC STRUCTURES FOR SHADE IMPROVEMENTS AT

THE PALM DESERT AQUATIC CENTER AND FREEDOM PARK
(PROJECT NO. MFA00022 AND MPK00001, RESPECTIVELY)
RECOMMENDATION:

1. Approve a contract with Shade Structures, Inc., dba USA Shade & Fabric Structures (USA Shade) for shade improvements at the Palm Desert Aquatic Center and Freedom Park in the combined amount of $784,485.27.

2. Authorize the Finance Department to set aside a contingency amount of $150,000 for unforeseen circumstances.

3. Approve a budget appropriation from General Fund Reserves and transfer to Palm Desert Aquatic Center Capital Project Account No. 2424549-4400100 in the amount of $508,285.98.

4. Authorize the City Manager or designee to review and approve written contract amendment or change order requests up to the contingency amount.

5. Authorize the City Attorney to make non-substantive changes and the City Manager to execute all necessary documents.

BACKGROUND/ANALYSIS:

When PDAC opened its doors on June 25, 2011, there were no shade structures anywhere on site and staff quickly became aware that shade was going to be needed, particularly during the summer months. In Spring of 2013, three (3) structures were installed, and another shade structure was added to the east side of the Recreation Pool in 2022.

Staff contacted USA Shade, the company that installed the large shade structure in 2022, to request quotes for this project. USA Shade provides pricing pursuant to the California Multiple Awards Schedule (CMAS) pricing. By utilizing this cooperative pricing schedule, the City is ensured of the best pricing on quality products. Accordingly, staff dispensed of further bidding pursuant to Palm Desert Municipal Code Section 3.30.160(E).

City of Palm Desert
(Award Contract to Shade Structures, Inc.)

USA Shade worked with staff to outline the shade needs at the PDAC, and the following areas were identified (refer to Attachment 1). Also, Staff met with USA Shade to request a quote to replace the shade cloths on existing shade structures at Freedom Park. This is a needed replacement as several of the shades have become torn. The pricing for the shade cloth replacements were also provided pursuant to the CMAS Agreement:

Area Description Cost
Area 3 Between Pools (T-Cantilever along East side of West Pool) $172,645.06 Area 4 Between Pools (next to tube slide) $77,480.07
Area 5 West Pool (next to diving board area) $245,798.94 Area 6 East Pool (South Side – Custom Flowers) $151,706.44 Storage Yard Pool Chillers $60,655.47
Freedom Park Shade Replacements (all shade structures) $76,199.29 TOTAL $784,485.27
This project represents a continuing effort by the City to provide shade for PDAC patrons and park visitors. Staff recommends approval of this agreement.

FINANCIAL IMPACT:

Funds in the amount of $430,000 were included in the approved Fiscal Year 2023/24 Approved Budget and Five-Year Capital Improvement Plan. There is $100,000 available in Account No. 4004618-4400100 for the Freedom Park Shade Replacements and $330,000 available in Account No. 2424549-4400100 for the PDAC Shade Structures.

Location Account Budget Expenses Appropriation
Requested ()
Aquatic Center 2424549-4400100 $330,000.00 $708,285.98
Contingency $130,000.00 ($508,285.98)
Freedom Park 4004618-4400100 $100,000.00 $76,199.29
Contingency $20,000.00 $3,800.71
Total $430,000.00 $934,485.27 $504,485.27
Although there is adequate funding to complete the shade cloth replacements at Freedom Park, a one-time appropriation is needed to install all five (5) proposed shade structures at the PDAC.

The FY 2023/24 Approved Budget only included funds for three (3) of the five (5) shade structures. The additional shade structure costs were listed in future years within the five-year plan; however, staff has concluded that there is potential for significant cost savings resulting from the economies of scale achieved by completing all shade structures in the same year.

Savings in freight, trip fees (installers), mobilization (equipment), concrete delivery, and concrete partial loads will be achieved. Should the City Council decide to decline the requested appropriation, Staff will proceed with the installation of only Areas 3 and 4 and the pool chiller shade at this time.

City of Palm Desert
(Award Contract to Shade Structures, Inc.)

Although there is adequate funding to complete the shade cloth replacements at Freedom Park, a one-time appropriation is needed to install all five (5) proposed shade structures at the PDAC.

The FY 2023/24 Approved Budget only included funds for three (3) of the five (5) shade structures. The additional shade structure costs were listed in future years within the five-year plan; however, staff has concluded that there is significant cost savings resulting from the economies of scale achieved by completing all shade structures in the same year. Savings in freight, trip fees (installers), mobilization (equipment), concrete delivery, and concrete partial loads will be achieved. The total savings are estimated by the contractor at $12,200. Should the City Council decide to decline the requested appropriation, Staff will proceed with the installation of only Areas 3 and 4 and the pool chiller shade at this time.

ATTACHMENTS:

1. PDAC Shade Structure Map

2. Proposals – Shade Structures, Inc.

3. Agreement – Shade Structures, Inc.

4. CMAS Contract

5. Quote Extension Letter dated 9.1.2023

Approved By :

Checked By :

Drawn By :

REV DESCRIPTION DRW CHK ENG DATE REV. DWG. DRAWING DESCRIPTION:
2580 ESTERS BLVD., SUITE 100
DFW AIRPORT, TX 75261
800-966-5005 CUSTOMER: PROJECT NAME: LOCATION: STRUCTURE TYPE: SIZE: PAGE CORPORATE HEADQUARTERS IAS CERTIFICATION No: FA-428 CLARK COUNTY MANUFACTURER CERTIFICATION NUMBER (NEVADA): 355 CERTIFICATIONS:

THESE PLANS AND SPECIFICATIONS ARE THE PROPERTY OF

USA SHADE AND FABRIC STRUCTURES
AND SHALL NOT BE REPRODUCED WITHOUT THEIR WRITTEN PERMISSION. SITE PLAN CON-MAY-015-20 MOD 1000 CITY OF PALM DESERT PALM DESERT AQUATICS CENTER 73751 MAGNESIA FALLS DR. PALM DESERT, CA 92260 VARIES VARIES AZR 05/08/20 AZR 05/08/20 AZR 05/08/20 SITE PLAN TRUE NORTH NOTES: -THESE DRAWINGS ARE A PICTORIAL REPRESENTATION OF FABRIC AND STEEL ONLY. NONE OF THE REQUIRED ATTACHMENT OR CONNECTION DETAILS HAVE BEEN DEPICTED. -ALL DIMENSIONS AND HEIGHTS MUST BE FIELD VERIFIED PRIOR TO ANY FINAL DESIGN, FABRICATION OR INSTALLATION WORK. AREA 4 DWG. 1004 Pool Chiller Cover Area 3 Area 5 Area 6

Contract No. ___________
1 Revised 07-2023
BBK 72500.00001\32374943.1

CITY OF PALM DESERT

MAINTENANCE SERVICES AGREEMENT

1. Parties and Date. This Agreement is made and entered into this 14th day of September, 2023, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, (“City”) and Shade Structures, Inc. dba USA SHADE & Fabric Structures, a Corporation, with its principal place of business at 2580 Esters Blvd., Suite 100, DFW Airport, TX 75261 ("Contractor"). The City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Recitals.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in providing maintenance services to public clients, that it and its subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

The City is a public agency of the State of California and is in need of services for the following project:

Aquatic Center and Freedom Park Shade Structure Project Project No. MFA00022
(hereinafter referred to as “the Project”).

3. Terms.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance services necessary for the Project (“Services”).

The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state, and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from September 14, 2023, to September 14, 2024, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the

Contract No. ___________
2 Revised 07-2023
BBK 72500.00001\32374943.1
means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Any personnel performing the Services under this Agreement on behalf of Contractor shall not be employees of City and shall at all times be under Contractor’s exclusive direction and control.

Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates Shawn Muir, Community Services Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement except for increasing compensation. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Ashley Donde, Senior Regional Manager, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement.

The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees, and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein.

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Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Two Hundred and Fifty Dollars ($250) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.

3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with.

3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and subsubconsultants to comply with the same. Contractor certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement.

3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.

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3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.5 Water Quality Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor to penalties, fines, or additional regulatory requirements.

3.2.11 Insurance.

3.2.11.1 Minimum Requirements. Without limiting Contractor’s indemnification of City, and prior to commencement of the Services, Contractor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each

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accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
(a) A drop-down feature requiring the policy to
respond if any primary insurance that would
otherwise have applied proves to be uncollectible in
whole or in part for any reason;
(b) Pay on behalf of wording as opposed to
reimbursement;
(c) Concurrency of effective dates with primary
policies; and
(d) Policies shall “follow form” to the underlying
primary policies.
(e) Insureds under primary policies shall also be
insureds under the umbrella or excess policies.
(D) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives. (E) Fidelity Coverage. Reserved.
(F) Cyber Liability Insurance. Reserved.
(G) Pollution Liability Insurance. Reserved.

3.2.11.2 Other Provisions and Requirements.
(A) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract.

City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(B) Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to

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property, which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, employees, or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (G) Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except

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for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Contractor agrees to ensure that its subconsultants, sub-contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(P) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the

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work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Bonds.

3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents

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created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.2.15 Work Sites.

3.2.15.1 Inspection of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements.

No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies, or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substances and hazardous materials as defined in California state or federal law at the site which have not been rendered harmless, the Contractor shall immediately stop work at the affected area and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes, and hazardous materials, and shall not require the Contractor to subcontract for such services. The Services in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor.

3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require

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to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Seven Hundred and Eighty-Four Thousand, Four Hundred and Eighty-Five Dollars and Twenty-One Cents ($784,485.21) without written approval of the City Council or City Manager, as applicable.

3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices which provides a detailed description of the Services and hours rendered by Contractor. City shall, within thirty (30) days of receiving such statement, review the statement and pay all non-disputed and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Contractor. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.3.2.1 Retainer. Reserved.

3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor

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shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify, and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify, and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be

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entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5 General Provisions.

3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor: Shade Structures, Inc. dba USA Shade
PO Box 3467
Coppell, TX 75019
ATTN: Ashley Donde, Senior Regional Manager
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Shawn Muir, Community Services Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the City.

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense, and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected or appointed

Contract No. ___________
13 Revised 07-2023
BBK 72500.00001\32374943.1
officers, and their respective agents, officials, employees, volunteers and representatives. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives as part of any such claim, suit, action, or other proceeding.

Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives as part of any such claim, suit, action, or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees.

Contractor shall reimburse the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives.

3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to the City include its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives except as otherwise specified in this Agreement. The captions of

Contract No. ___________
14 Revised 07-2023
BBK 72500.00001\32374943.1
the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.18 Federal Provisions. Reserved.
[SIGNATURES ON NEXT PAGE]

Contract No. ___________
Revised 07-2023
BBK 72500.00001\32374943.1

SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT
AND SHADE STRUCTURES, INC. DBA USA SHADE & FABRIC STRUCTURES IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF PALM DESERT
By:

L. Todd Hileman
City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Best Best & Krieger LLP
City Attorney
Shade Structures, Inc. dba USA SHADE &
Fabric Structures, A CORPORATION
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Contractor’s License Number and
Classification

DIR Registration Number (if applicable)
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
Bonds: _____

Contract No. ___________
Exhibit “A” Revised 07-2023
BBK 72500.00001\32374915.1
EXHIBIT “A”

SCOPE OF SERVICES
See Attachment

www.usa-shade.com | 800-966-5005
Palm Desert, CA 92260
AZ: 289388 CA: 989458 LA: 61718 NV:78724
NM: 383826 TN: 68712 DIR: 1000003533
PD Aquatics Center Area 3 Shade
8/7/2023
Proposal Valid for 15 Days from above date
Proposal Prepared For:

City of Palm Desert
73510 Fred Waring Drive

Date: 8/7/2023
Purchaser: Contact: Sales Rep:

Project Name: Phone: Phone:

Quote No: Email: Email:

PO No: Fax: Fax:

Contact: Contact: Contact:

Phone Phone Phone
Email: Email: Email:

Fax: Fax: Fax:

CORPORATE ADDRESS: REMITTANCE ADDRESS:
2580 Esters Blvd., Suite 100 P.O. Box 734158
DFW Airport, TX 75261 Dallas, TX 75373-4158
SOUTHERN CALIFORNIA: NORTHERN CALIFORNIA: ARIZONA: LAS VEGAS:
1085 N. Main Street, Suite C 927 Enterprise Way, Suite A 2452 W. Birchwood Ave, Suite 112 6225 S. Valley View Blvd., Suite I Orange, CA 92867 Napa, CA 94558 Mesa, AZ 85202 Las Vegas, NV 89118 NOTE: This message is intended only for the use of the individual to whom it is addressed, and contains information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any unauthorized disclosure, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by phone and return the original message to the applicable address above.

MAILING ADDRESS:

P.O. Box 3467
Coppel, TX 75019
(760) 346-0611 (714) 427-6981 (760) 565-7467
[email protected] [email protected] [email protected] 92260 92867 92260
Randy Chavez Construction Dept David Keyes
Palm Desert Orange Palm Desert

CA CA CA
City of Palm Desert SOUTHERN CALIFORNIA Palm Desert Aquatic Center 73510 Fred Waring Drive 1085 N. Main Street, Suite C 73751 Magnesia Falls Drive Billing Information: Shipping Information: Jobsite Information:

PD Aquatics Center Area 3 Shade (760) 565-7467 (760) 250-7824 CA1122AD00714 [email protected] [email protected] Proposal for USA SHADE & Fabric Structures
Project Information: Sales Information:

City of Palm Desert David Keyes Ashley Donde
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Page 382 of 601 Structure Pricing

UNIT IMAGE
Unit Quantity: 1 Foundations By USA Shade
Unit Type: T Canti Joined Grout Installation USA Shade
Structure Size: 18ft x 108ft Footing Type: Drilled Pier USA Shade Model
Number
FULLHIPCANTIS27X18X10 Base Attachment: PIH - Embed
Entry Height: 10'-6" Anchor Bolts: Not Applicable
No of Columns: 5 Concrete Cutting: Not Applicable
No of Fabric Tops: 4 Dirt Removal: Included
Fabric Type: Colourshade_FR Surface Type: Dirt
Fabric Color: Blue NOTES
Steel Finish:

Coastal Primer w/
Powder Coating
Steel Color: White
Electrical Provisions: 0
Cable/HDW Finish: Galvanized
Concept No:

Area 3 (Between Pools)

UNIT DETAILS
Client responsible for relocation of sprinkler boxes
and identify utilities prior to installation
$ 172,645.00
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Page 383 of 601

QTY UNIT TOTAL
3 Each $33,046.14
0 Each $0.00
LTG $8,500.00
$41,546.14
$3,219.83
4 EACH $5,718.28
25 PER CY $6,102.00
570 PER HR $62,335.20
150 PER HR $20,356.50
16 PER HOUR $1,749.76
56 PER HR $9,591.68
3 PER LOAD $3,083.13
2 PER DAY $4,282.12
2 PER WEEK $4,282.12
1 PER WEEK $2,141.06
12 PER HR $3,237.24
$5,000.00
TOTAL $172,645.06

INCLUDED EXCLUDED INCLUDED EXCLUDED
Crane: should a crane be required and direct access not available, additional costs will incur by way of a Change Order Revised Foundations: pricing based on standard drilled pier foundations; if existing site conditions and/or constraints require revised foundations (i.e. spread footing), additional costs will incur by way of a Change Order
Undergrounds: existing underground utilities, irrigation, etc. to be relocated/capped by others – USA Shade will provide Dig Alert only www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Design and Engineering of Foundation Demolition (Existing Structures) Reactions and Loads for attachment to Walls, Rooftops, or Other Payment and Performance Bonds Foundation Location and Elevation Survey Special Inspection Fees Permit Fee Temporary Fencing
DSA Submittal & Fees Water and Electrical
Design and Engineering of Structure Landscape Repair

INCLUSIONS / EXCLUSIONS

ENGINEERING REQUIREMENTS INSTALLATION - MISCELLANEOUS
Sealed Drawings & Calculations Prevailing Wage / Certified Payroll Permit Submittal Union Wages
5 psf
Drawing Size Electronic
No. of Sealed Drawings 1
Calculations Required On File
USA SHADE reserves the right to implement a surcharge for significant increases in raw materials, including the following, but not limited to: fuel, steel, fabric, and concrete. Proposal pricing is only valid for 30 days due to the fluctuation in pricing. Due to recent significant increases experienced in raw steel and fabric materials, it may be necessary to order, invoice, and receive payments for steel and fabric as soon as final sizing can be determined.

ENGINEERING REQUIREMENTS NOTES
Building Code CBC2022
Priced per CMAS Contract Number 4-22-11-1011
Wind Load 130 mph
Snow Load
Engineering $269.77
NSP (Non Specifically Priced) Overnight / Per Diem
Reach Fork up to 8k $2,141.06
Skid Steer with Auger $2,141.06
Dirt Removal and Disposal $1,027.71
Concrete Pump $2,141.06
Site Assessment $109.36
Project Management $171.28
Laborer, Journeyman $109.36
Ironworker, Journeyman $135.71
Rebar Cage $1,429.57
Ready Mix Concrete $244.08
Taxable Subtotal
Sales Tax 7.75%
Anchor Bolts $55.67
Dedicated Truck Shipping and Handling $8,500.00

CMAS PRICING

PART NUMBER DESCRIPTION UNIT PRICE
FULLHIPCANTIS27X18X10 Full Hip Cantilevers $11,015.38

www.usa-shade.com | 800-966-5005
Palm Desert, CA 92260
AZ: 289388 CA: 989458 LA: 61718 NV:78724
NM: 383826 TN: 68712 DIR: 1000003533
PD Aquatics Center Area 4 Shade
8/7/2023
Proposal Valid for 15 Days from above date
Proposal Prepared For:

City of Palm Desert
73510 Fred Waring Drive

Date: 8/7/2023
Purchaser: Contact: Sales Rep:

Project Name: Phone: Phone:

Quote No: Email: Email:

PO No: Fax: Fax:

Contact: Contact: Contact:

Phone Phone Phone
Email: Email: Email:

Fax: Fax: Fax:

CORPORATE ADDRESS: REMITTANCE ADDRESS:
2580 Esters Blvd., Suite 100 P.O. Box 734158
DFW Airport, TX 75261 Dallas, TX 75373-4158
SOUTHERN CALIFORNIA: NORTHERN CALIFORNIA: ARIZONA: LAS VEGAS:
1085 N. Main Street, Suite C 927 Enterprise Way, Suite A 2452 W. Birchwood Ave, Suite 112 6225 S. Valley View Blvd., Suite I Orange, CA 92867 Napa, CA 94558 Mesa, AZ 85202 Las Vegas, NV 89118 NOTE: This message is intended only for the use of the individual to whom it is addressed, and contains information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any unauthorized disclosure, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by phone and return the original message to the applicable address above.

MAILING ADDRESS:

P.O. Box 3467
Coppel, TX 75019
(760) 346-0611 (714) 427-6981 (760) 565-7467
[email protected] [email protected] [email protected] 92260 92867 92260
Randy Chavez Construction Dept David Keyes
Palm Desert Orange Palm Desert

CA CA CA
City of Palm Desert SOUTHERN CALIFORNIA Palm Desert Aquatic Center 73510 Fred Waring Drive 1085 N. Main Street, Suite C 73751 Magnesia Falls Drive Billing Information: Shipping Information: Jobsite Information:

PD Aquatics Center Area 4 Shade (760) 565-7467 (760) 250-7824 CA0823AD07754 [email protected] [email protected] Proposal for USA SHADE & Fabric Structures
Project Information: Sales Information:

City of Palm Desert David Keyes Ashley Donde
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Page 386 of 601 Structure Pricing

UNIT IMAGE
Unit Quantity: 1 Foundations By USA Shade
Unit Type: Full Hip Cantilever DoubleWide Grout Installation USA Shade Structure Size: 36ft x 36ft Footing Type: Drilled Pier
USA Shade Model
Number
CANFHPD36X36X9 Base Attachment: PIH - Embed
Entry Height: 8ft Anchor Bolts: Not Applicable
No of Columns: 2 Concrete Cutting: Not Applicable
No of Fabric Tops: 2 Dirt Removal: Included
Fabric Type: Colourshade_FR Surface Type: Concrete
Fabric Color: Blue NOTES
Steel Finish:

Coastal Primer w/
Powder Coating
Steel Color: White
Electrical Provisions: 0
Cable/HDW Finish: Galvanized
Concept No:

Area 4 (Between Pools)

UNIT DETAILS
Client responsible to identify utilities prior to
installation
$ 77,480.07
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Page 387 of 601

QTY UNIT TOTAL
1 Each $22,163.38
0 Each $0.00
LTG $8,500.00
$30,663.38
$2,376.41
2 EACH $2,859.14
8 PER CY $1,952.64
114 PER HR $12,467.04
30 PER HR $4,071.30
16 PER HOUR $1,749.76
27 PER HR $4,624.56
2 PER LOAD $2,055.42
1 PER DAY $2,141.06
1 PER WEEK $2,141.06
1 PER WEEK $2,141.06
12 PER HR $3,237.24
$5,000.00
TOTAL $77,480.07

INCLUDED EXCLUDED INCLUDED EXCLUDED
Crane: should a crane be required and direct access not available, additional costs will incur by way of a Change Order Revised Foundations: pricing based on standard drilled pier foundations; if existing site conditions and/or constraints require revised foundations (i.e. spread footing), additional costs will incur by way of a Change Order
Undergrounds: existing underground utilities, irrigation, etc. to be relocated/capped by others – USA Shade will provide Dig Alert only www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Design and Engineering of Foundation Demolition (Existing Structures) Reactions and Loads for attachment to Walls, Rooftops, or Other Payment and Performance Bonds Foundation Location and Elevation Survey Special Inspection Fees Permit Fee Temporary Fencing
DSA Submittal & Fees Water and Electrical
Design and Engineering of Structure Landscape Repair

INCLUSIONS / EXCLUSIONS

ENGINEERING REQUIREMENTS INSTALLATION - MISCELLANEOUS
Sealed Drawings & Calculations Prevailing Wage / Certified Payroll Permit Submittal Union Wages
5 psf
Drawing Size Electronic
No. of Sealed Drawings 1
Calculations Required On File
USA SHADE reserves the right to implement a surcharge for significant increases in raw materials, including the following, but not limited to: fuel, steel, fabric, and concrete. Proposal pricing is only valid for 30 days due to the fluctuation in pricing. Due to recent significant increases experienced in raw steel and fabric materials, it may be necessary to order, invoice, and receive payments for steel and fabric as soon as final sizing can be determined.

ENGINEERING REQUIREMENTS NOTES
Building Code CBC2022
Priced per CMAS Contract Number 4-22-11-1011
Wind Load 130 mph
Snow Load
Engineering $269.77
NSP (Non Specifically Priced) Overnight / Per Diem
Reach Fork up to 8k $2,141.06
Skid Steer with Auger $2,141.06
Dirt Removal and Disposal $1,027.71
Concrete Pump $2,141.06
Site Assessment $109.36
Project Management $171.28
Laborer, Journeyman $109.36
Ironworker, Journeyman $135.71
Rebar Cage $1,429.57
Ready Mix Concrete $244.08
Taxable Subtotal
Sales Tax 7.75%
Anchor Bolts $55.67
Dedicated Truck Shipping and Handling $8,500.00

CMAS PRICING

PART NUMBER DESCRIPTION UNIT PRICE
CANFHPD36X36X9 Full Hip Cantilevers Double Wide $22,163.38

www.usa-shade.com | 800-966-5005
Palm Desert, CA 92260
AZ: 289388 CA: 989458 LA: 61718 NV:78724
NM: 383826 TN: 68712 DIR: 1000003533
PD Aquatics Center Area 5 Shade
8/7/2023
Proposal Valid for 15 Days from above date
Proposal Prepared For:

City of Palm Desert
73510 Fred Waring Drive

Date: 8/7/2023
Purchaser: Contact: Sales Rep:

Project Name: Phone: Phone:

Quote No: Email: Email:

PO No: Fax: Fax:

Contact: Contact: Contact:

Phone Phone Phone
Email: Email: Email:

Fax: Fax: Fax:

CORPORATE ADDRESS: REMITTANCE ADDRESS:
2580 Esters Blvd., Suite 100 P.O. Box 734158
DFW Airport, TX 75261 Dallas, TX 75373-4158
SOUTHERN CALIFORNIA: NORTHERN CALIFORNIA: ARIZONA: LAS VEGAS:
1085 N. Main Street, Suite C 927 Enterprise Way, Suite A 2452 W. Birchwood Ave, Suite 112 6225 S. Valley View Blvd., Suite I Orange, CA 92867 Napa, CA 94558 Mesa, AZ 85202 Las Vegas, NV 89118 NOTE: This message is intended only for the use of the individual to whom it is addressed, and contains information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any unauthorized disclosure, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by phone and return the original message to the applicable address above.

MAILING ADDRESS:

P.O. Box 3467
Coppel, TX 75019
(760) 346-0611 (714) 427-6981 (760) 565-7467
[email protected] [email protected] [email protected] 92260 92867 92260
Randy Chavez Construction Dept David Keyes
Palm Desert Orange Palm Desert

CA CA CA
City of Palm Desert SOUTHERN CALIFORNIA Palm Desert Aquatic Center 73510 Fred Waring Drive 1085 N. Main Street, Suite C 73751 Magnesia Falls Drive Billing Information: Shipping Information: Jobsite Information:

PD Aquatics Center Area 5 Shade (760) 565-7467 (760) 250-7824 CA0623AD07170 [email protected] [email protected] Proposal for USA SHADE & Fabric Structures
Project Information: Sales Information:

City of Palm Desert David Keyes Ashley Donde
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Page 390 of 601 Structure Pricing

UNIT IMAGE
Unit Quantity: 1 Foundations By USA Shade
Unit Type: Full Hip Cantilever Grout Installation USA Shade Structure Size: 1x (18ft x 81ft)
1x (14ft x 81ft) Footing Type: Drilled Pier
USA Shade Model
Number Base Attachment: PIH - Embed
Entry Height: 10'-6" Anchor Bolts: Not Applicable
No of Columns: 7 Concrete Cutting: Not Applicable
No of Fabric Tops: 6 Dirt Removal: Included
Fabric Type: Colourshade_FR Surface Type: Dirt
Fabric Color: Blue NOTES
Steel Finish:

Coastal Primer w/
Powder Coating
Steel Color: White
Electrical Provisions: 14
Cable/HDW Finish: Galvanized
Concept No:

Area 5 (West Side)

UNIT DETAILS
Client responsible for relocation of sprinkler boxes
and identify utilities prior to installation
$ 245,798.94
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Page 391 of 601

QTY UNIT TOTAL
6 Each $66,092.28
0 Each $0.00
LTG $8,500.00
$74,592.28
$5,780.90
7 EACH $10,006.99
35 PER CY $8,542.80
798 PER HR $87,269.28
210 PER HR $28,499.10
16 PER HOUR $1,749.76
72 PER HR $12,332.16
3 PER LOAD $3,083.13
2 PER DAY $4,282.12
2 PER WEEK $4,282.12
1 PER WEEK $2,141.06
12 PER HR $3,237.24
TOTAL $245,798.94

INCLUDED EXCLUDED INCLUDED EXCLUDED
Crane: should a crane be required and direct access not available, additional costs will incur by way of a Change Order Revised Foundations: pricing based on standard drilled pier foundations; if existing site conditions and/or constraints require revised foundations (i.e. spread footing), additional costs will incur by way of a Change Order
Undergrounds: existing underground utilities, irrigation, etc. to be relocated/capped by others – USA Shade will provide Dig Alert only www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Design and Engineering of Foundation Demolition (Existing Structures) Reactions and Loads for attachment to Walls, Rooftops, or Other Payment and Performance Bonds Foundation Location and Elevation Survey Special Inspection Fees Permit Fee Temporary Fencing
DSA Submittal & Fees Water and Electrical
Design and Engineering of Structure Landscape Repair

INCLUSIONS / EXCLUSIONS

ENGINEERING REQUIREMENTS INSTALLATION - MISCELLANEOUS
Sealed Drawings & Calculations Prevailing Wage / Certified Payroll Permit Submittal Union Wages
5 psf
Drawing Size Electronic
No. of Sealed Drawings 1
Calculations Required On File
USA SHADE reserves the right to implement a surcharge for significant increases in raw materials, including the following, but not limited to: fuel, steel, fabric, and concrete. Proposal pricing is only valid for 30 days due to the fluctuation in pricing. Due to recent significant increases experienced in raw steel and fabric materials, it may be necessary to order, invoice, and receive payments for steel and fabric as soon as final sizing can be determined.

ENGINEERING REQUIREMENTS NOTES
Building Code CBC2022
Priced per CMAS Contract Number 4-22-11-1011
Wind Load 130 mph
Snow Load
Engineering $269.77
NSP (Non Specifically Priced) Overnight / Per Diem
Reach Fork up to 8k $2,141.06
Skid Steer with Auger $2,141.06
Dirt Removal and Disposal $1,027.71
Concrete Pump $2,141.06
Site Assessment $109.36
Project Management $171.28
Laborer, Journeyman $109.36
Ironworker, Journeyman $135.71
Rebar Cage $1,429.57
Ready Mix Concrete $244.08
Taxable Subtotal
Sales Tax 7.75%
Anchor Bolts $55.67
Dedicated Truck Shipping and Handling $8,500.00

CMAS PRICING

PART NUMBER DESCRIPTION UNIT PRICE
FULLHIPCANTIS27X18X10 Full Hip Cantilevers $11,015.38

www.usa-shade.com | 800-966-5005
Palm Desert, CA 92260
AZ: 289388 CA: 989458 LA: 61718 NV:78724
NM: 383826 TN: 68712 DIR: 1000003533
PD Aquatics Center Area 6 Shade
8/7/2023
Proposal Valid for 15 Days from above date
Proposal Prepared For:

City of Palm Desert
73510 Fred Waring Drive

Date: 8/7/2023
Purchaser: Contact: Sales Rep:

Project Name: Phone: Phone:

Quote No: Email: Email:

PO No: Fax: Fax:

Contact: Contact: Contact:

Phone Phone Phone
Email: Email: Email:

Fax: Fax: Fax:

CORPORATE ADDRESS: REMITTANCE ADDRESS:
2580 Esters Blvd., Suite 100 P.O. Box 734158
DFW Airport, TX 75261 Dallas, TX 75373-4158
SOUTHERN CALIFORNIA: NORTHERN CALIFORNIA: ARIZONA: LAS VEGAS:
1085 N. Main Street, Suite C 927 Enterprise Way, Suite A 2452 W. Birchwood Ave, Suite 112 6225 S. Valley View Blvd., Suite I Orange, CA 92867 Napa, CA 94558 Mesa, AZ 85202 Las Vegas, NV 89118 NOTE: This message is intended only for the use of the individual to whom it is addressed, and contains information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any unauthorized disclosure, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by phone and return the original message to the applicable address above.

MAILING ADDRESS:

P.O. Box 3467
Coppel, TX 75019
(760) 346-0611 (714) 427-6981 (760) 565-7467
[email protected] [email protected] [email protected] 92260 92867 92260
Randy Chavez Construction Dept David Keyes
Palm Desert Orange Palm Desert

CA CA CA
City of Palm Desert SOUTHERN CALIFORNIA Palm Desert Aquatic Center 73510 Fred Waring Drive 1085 N. Main Street, Suite C 73751 Magnesia Falls Drive Billing Information: Shipping Information: Jobsite Information:

PD Aquatics Center Area 6 Shade (760) 565-7467 (760) 250-7824 CA0823AD07764 [email protected] [email protected] Proposal for USA SHADE & Fabric Structures
Project Information: Sales Information:

City of Palm Desert David Keyes Ashley Donde
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Page 394 of 601 Structure Pricing

UNIT IMAGE
Unit Quantity: 2 Foundations By USA Shade
Unit Type: CUSTOM FLOWER Grout Installation USA Shade
Structure Size: 22ft x 21ft Footing Type: Drilled Pier
USA Shade Model
Number
Custom HDPE Colourshade Base Attachment: PIH - Embed
Entry Height: 10ft Anchor Bolts: Not Applicable
No of Columns: 1 each Concrete Cutting: Not Applicable
No of Fabric Tops: 1 each Dirt Removal: Included
Fabric Type: Colourshade_FR Surface Type: Concrete
Fabric Color: Blue NOTES
Steel Finish:

Coastal Primer w/
Powder Coating
Steel Color: White
Electrical Provisions: 0
Cable/HDW Finish: Galvanized
Concept No:

Area 6 (Flowers)

UNIT DETAILS
Client responsible to identify utilities prior to
installation
$ 151,706.44
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Page 395 of 601

QTY UNIT TOTAL
924 Each $91,050.96
0 Each $0.00
LTG $8,500.00
$99,550.96
$7,715.20
2 EACH $2,859.14
8 PER CY $1,952.64
114 PER HR $12,467.04
30 PER HR $4,071.30
16 PER HOUR $1,749.76
27 PER HR $4,624.56
2 PER LOAD $2,055.42
1 PER DAY $2,141.06
1 PER WEEK $2,141.06
1 PER WEEK $2,141.06
12 PER HR $3,237.24
$5,000.00
TOTAL $151,706.44

INCLUDED EXCLUDED INCLUDED EXCLUDED
Crane: should a crane be required and direct access not available, additional costs will incur by way of a Change Order Revised Foundations: pricing based on standard drilled pier foundations; if existing site conditions and/or constraints require revised foundations (i.e. spread footing), additional costs will incur by way of a Change Order
Undergrounds: existing underground utilities, irrigation, etc. to be relocated/capped by others – USA Shade will provide Dig Alert only www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Design and Engineering of Foundation Demolition (Existing Structures) Reactions and Loads for attachment to Walls, Rooftops, or Other Payment and Performance Bonds Foundation Location and Elevation Survey Special Inspection Fees Permit Fee Temporary Fencing
DSA Submittal & Fees Water and Electrical
Design and Engineering of Structure Landscape Repair

INCLUSIONS / EXCLUSIONS

ENGINEERING REQUIREMENTS INSTALLATION - MISCELLANEOUS
Sealed Drawings & Calculations Prevailing Wage / Certified Payroll Permit Submittal Union Wages
5 psf
Drawing Size Electronic
No. of Sealed Drawings 1
Calculations Required On File
USA SHADE reserves the right to implement a surcharge for significant increases in raw materials, including the following, but not limited to: fuel, steel, fabric, and concrete. Proposal pricing is only valid for 30 days due to the fluctuation in pricing. Due to recent significant increases experienced in raw steel and fabric materials, it may be necessary to order, invoice, and receive payments for steel and fabric as soon as final sizing can be determined.

ENGINEERING REQUIREMENTS NOTES
Building Code CBC2022
Priced per CMAS Contract Number 4-22-11-1011
Wind Load 130 mph
Snow Load
Engineering $269.77
NSP (Non Specifically Priced) Overnight / Per Diem
Reach Fork up to 8k $2,141.06
Skid Steer with Auger $2,141.06
Dirt Removal and Disposal $1,027.71
Concrete Pump $2,141.06
Site Assessment $109.36
Project Management $171.28
Laborer, Journeyman $109.36
Ironworker, Journeyman $135.71
Rebar Cage $1,429.57
Ready Mix Concrete $244.08
Taxable Subtotal
Sales Tax 7.75%
Anchor Bolts $55.67
Dedicated Truck Shipping and Handling $8,500.00

CMAS PRICING

PART NUMBER DESCRIPTION UNIT PRICE
CUSTOM STRUCTURE HDPE COLOURSHADE Custom Flowers $98.54

www.usa-shade.com | 800-966-5005
Palm Desert, CA 92260
AZ: 289388 CA: 989458 LA: 61718 NV:78724
NM: 383826 TN: 68712 DIR: 1000003533
PD Aquatics Center Pool Chiller Shade
8/7/2023
Proposal Valid for 15 Days from above date
Proposal Prepared For:

City of Palm Desert
73510 Fred Waring Drive

Date: 8/7/2023
Purchaser: Contact: Sales Rep:

Project Name: Phone: Phone:

Quote No: Email: Email:

PO No: Fax: Fax:

Contact: Contact: Contact:

Phone Phone Phone
Email: Email: Email:

Fax: Fax: Fax:

CORPORATE ADDRESS: REMITTANCE ADDRESS:
2580 Esters Blvd., Suite 100 P.O. Box 734158
DFW Airport, TX 75261 Dallas, TX 75373-4158
SOUTHERN CALIFORNIA: NORTHERN CALIFORNIA: ARIZONA: LAS VEGAS:
1085 N. Main Street, Suite C 927 Enterprise Way, Suite A 2452 W. Birchwood Ave, Suite 112 6225 S. Valley View Blvd., Suite I Orange, CA 92867 Napa, CA 94558 Mesa, AZ 85202 Las Vegas, NV 89118 NOTE: This message is intended only for the use of the individual to whom it is addressed, and contains information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any unauthorized disclosure, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by phone and return the original message to the applicable address above.

MAILING ADDRESS:

P.O. Box 3467
Coppel, TX 75019
(760) 346-0611 (714) 427-6981 (760) 565-7467
[email protected] [email protected] [email protected] 92260 92867 92260
Randy Chavez Construction Dept David Keyes
Palm Desert Orange Palm Desert

CA CA CA
City of Palm Desert SOUTHERN CALIFORNIA Palm Desert Aquatic Center 73510 Fred Waring Drive 1085 N. Main Street, Suite C 73751 Magnesia Falls Drive Billing Information: Shipping Information: Jobsite Information:

PD Aquatics Center Pool Chiller Shade (760) 565-7467 (760) 250-7824 CA0623AD07171 [email protected] [email protected] Proposal for USA SHADE & Fabric Structures
Project Information: Sales Information:

City of Palm Desert David Keyes Ashley Donde
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Page 398 of 601 Structure Pricing

UNIT IMAGE
Unit Quantity: 1 Foundations By USA Shade
Unit Type: Full Hip Cantilever Grout Installation USA Shade Structure Size: 20ft x 27ft Footing Type: Drilled Pier
USA Shade Model
Number Base Attachment: PIH - Embed
Entry Height: 10'-6" Anchor Bolts: Not Applicable
No of Columns: 2 Concrete Cutting: Not Applicable
No of Fabric Tops: 1 Dirt Removal: Included
Fabric Type: Colourshade_FR Surface Type: Dirt
Fabric Color: Blue NOTES
Steel Finish:

Coastal Primer w/
Powder Coating
Steel Color: White
Electrical Provisions: 0
Cable/HDW Finish: Galvanized
Concept No:

Pool Chiller Shade

UNIT DETAILS
Client responsible for relocation of sprinkler boxes
and identify utilities prior to installation
$ 60,655.47
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Page 399 of 601

QTY UNIT TOTAL
1 Each $14,024.94
0 Each $0.00
LTG $8,500.00
$22,524.94
$1,745.68
2 EACH $2,859.14
5 PER CY $1,220.40
114 PER HR $12,467.04
30 PER HR $4,071.30
8 PER HOUR $874.88
18 PER HR $3,083.04
1 PER LOAD $1,027.71
1 PER DAY $2,141.06
1 PER WEEK $2,141.06
1 PER WEEK $2,141.06
8 PER HR $2,158.16
$2,200.00
TOTAL $60,655.47

INCLUDED EXCLUDED INCLUDED EXCLUDED
Crane: should a crane be required and direct access not available, additional costs will incur by way of a Change Order Revised Foundations: pricing based on standard drilled pier foundations; if existing site conditions and/or constraints require revised foundations (i.e. spread footing), additional costs will incur by way of a Change Order
Undergrounds: existing underground utilities, irrigation, etc. to be relocated/capped by others – USA Shade will provide Dig Alert only www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Design and Engineering of Foundation Demolition (Existing Structures) Reactions and Loads for attachment to Walls, Rooftops, or Other Payment and Performance Bonds Foundation Location and Elevation Survey Special Inspection Fees Permit Fee Temporary Fencing
DSA Submittal & Fees Water and Electrical
Design and Engineering of Structure Landscape Repair

INCLUSIONS / EXCLUSIONS

ENGINEERING REQUIREMENTS INSTALLATION - MISCELLANEOUS
Sealed Drawings & Calculations Prevailing Wage / Certified Payroll Permit Submittal Union Wages
5 psf
Drawing Size Electronic
No. of Sealed Drawings 1
Calculations Required On File
USA SHADE reserves the right to implement a surcharge for significant increases in raw materials, including the following, but not limited to: fuel, steel, fabric, and concrete. Proposal pricing is only valid for 30 days due to the fluctuation in pricing. Due to recent significant increases experienced in raw steel and fabric materials, it may be necessary to order, invoice, and receive payments for steel and fabric as soon as final sizing can be determined.

ENGINEERING REQUIREMENTS NOTES
Building Code CBC2022
Priced per CMAS Contract Number 4-22-11-1011
Wind Load 130 mph
Snow Load
Engineering $269.77
NSP (Non Specifically Priced) Overnight / Per Diem
Reach Fork up to 8k $2,141.06
Skid Steer with Auger $2,141.06
Dirt Removal and Disposal $1,027.71
Concrete Pump $2,141.06
Site Assessment $109.36
Project Management $171.28
Laborer, Journeyman $109.36
Ironworker, Journeyman $135.71
Rebar Cage $1,429.57
Ready Mix Concrete $244.08
Taxable Subtotal
Sales Tax 7.75%
Anchor Bolts $55.67
Shipping and Handling $3,246.35

CMAS PRICING

PART NUMBER DESCRIPTION UNIT PRICE
FULLHIPCANTIS30x20X10 Full Hip Cantilevers $14,024.94

Contract No. ___________
Exhibit “B” Revised 07-2023
BBK 72500.00001\32374915.1
EXHIBIT “B”

SCHEDULE OF SERVICES
Contract Negotiation and Finalization; Bonds; Insurance 2-3 weeks Engineering Drawings 6-8 weeks
Permits 4-6 weeks
Shop Drawings 2 weeks
Manufacturing 10 weeks
Shipping 1 week
Installation 2 weeks per shade

Contract No. ___________
Exhibit “C” Revised 07-2023
BBK 72500.00001\32374915.1
EXHIBIT “C”

COMPENSATION
The total compensation shall not exceed Seven Hundred and Eighty-Four Thousand, Four Hundred and Eighty-Five Dollars and Twenty-One Cents ($784,485.21)

www.usa-shade.com | 800-966-5005
Palm Desert, CA 92260
AZ: 289388 CA: 989458 LA: 61718 NV:78724
NM: 383826 TN: 68712 DIR: 1000003533
PD Aquatics Center Area 3 Shade
8/7/2023
Proposal Valid for 15 Days from above date
Proposal Prepared For:

City of Palm Desert
73510 Fred Waring Drive

Date: 8/7/2023
Purchaser: Contact: Sales Rep:

Project Name: Phone: Phone:

Quote No: Email: Email:

PO No: Fax: Fax:

Contact: Contact: Contact:

Phone Phone Phone
Email: Email: Email:

Fax: Fax: Fax:

CORPORATE ADDRESS: REMITTANCE ADDRESS:
2580 Esters Blvd., Suite 100 P.O. Box 734158
DFW Airport, TX 75261 Dallas, TX 75373-4158
SOUTHERN CALIFORNIA: NORTHERN CALIFORNIA: ARIZONA: LAS VEGAS:
1085 N. Main Street, Suite C 927 Enterprise Way, Suite A 2452 W. Birchwood Ave, Suite 112 6225 S. Valley View Blvd., Suite I Orange, CA 92867 Napa, CA 94558 Mesa, AZ 85202 Las Vegas, NV 89118 NOTE: This message is intended only for the use of the individual to whom it is addressed, and contains information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any unauthorized disclosure, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by phone and return the original message to the applicable address above.

MAILING ADDRESS:

P.O. Box 3467
Coppel, TX 75019
(760) 346-0611 (714) 427-6981 (760) 565-7467
[email protected] [email protected] [email protected] 92260 92867 92260
Randy Chavez Construction Dept David Keyes
Palm Desert Orange Palm Desert

CA CA CA
City of Palm Desert SOUTHERN CALIFORNIA Palm Desert Aquatic Center 73510 Fred Waring Drive 1085 N. Main Street, Suite C 73751 Magnesia Falls Drive Billing Information: Shipping Information: Jobsite Information:

PD Aquatics Center Area 3 Shade (760) 565-7467 (760) 250-7824 CA1122AD00714 [email protected] [email protected] Proposal for USA SHADE & Fabric Structures
Project Information: Sales Information:

City of Palm Desert David Keyes Ashley Donde
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Page 430 of 601 Structure Pricing

UNIT IMAGE
Unit Quantity: 1 Foundations By USA Shade
Unit Type: T Canti Joined Grout Installation USA Shade
Structure Size: 18ft x 108ft Footing Type: Drilled Pier USA Shade Model
Number
FULLHIPCANTIS27X18X10 Base Attachment: PIH - Embed
Entry Height: 10'-6" Anchor Bolts: Not Applicable
No of Columns: 5 Concrete Cutting: Not Applicable
No of Fabric Tops: 4 Dirt Removal: Included
Fabric Type: Colourshade_FR Surface Type: Dirt
Fabric Color: Blue NOTES
Steel Finish:

Coastal Primer w/
Powder Coating
Steel Color: White
Electrical Provisions: 0
Cable/HDW Finish: Galvanized
Concept No:

Area 3 (Between Pools)

UNIT DETAILS
Client responsible for relocation of sprinkler boxes
and identify utilities prior to installation
$ 172,645.00
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Page 431 of 601

QTY UNIT TOTAL
3 Each $33,046.14
0 Each $0.00
LTG $8,500.00
$41,546.14
$3,219.83
4 EACH $5,718.28
25 PER CY $6,102.00
570 PER HR $62,335.20
150 PER HR $20,356.50
16 PER HOUR $1,749.76
56 PER HR $9,591.68
3 PER LOAD $3,083.13
2 PER DAY $4,282.12
2 PER WEEK $4,282.12
1 PER WEEK $2,141.06
12 PER HR $3,237.24
$5,000.00
TOTAL $172,645.06

INCLUDED EXCLUDED INCLUDED EXCLUDED
Crane: should a crane be required and direct access not available, additional costs will incur by way of a Change Order Revised Foundations: pricing based on standard drilled pier foundations; if existing site conditions and/or constraints require revised foundations (i.e. spread footing), additional costs will incur by way of a Change Order
Undergrounds: existing underground utilities, irrigation, etc. to be relocated/capped by others – USA Shade will provide Dig Alert only www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Design and Engineering of Foundation Demolition (Existing Structures) Reactions and Loads for attachment to Walls, Rooftops, or Other Payment and Performance Bonds Foundation Location and Elevation Survey Special Inspection Fees Permit Fee Temporary Fencing
DSA Submittal & Fees Water and Electrical
Design and Engineering of Structure Landscape Repair

INCLUSIONS / EXCLUSIONS

ENGINEERING REQUIREMENTS INSTALLATION - MISCELLANEOUS
Sealed Drawings & Calculations Prevailing Wage / Certified Payroll Permit Submittal Union Wages
5 psf
Drawing Size Electronic
No. of Sealed Drawings 1
Calculations Required On File
USA SHADE reserves the right to implement a surcharge for significant increases in raw materials, including the following, but not limited to: fuel, steel, fabric, and concrete. Proposal pricing is only valid for 30 days due to the fluctuation in pricing. Due to recent significant increases experienced in raw steel and fabric materials, it may be necessary to order, invoice, and receive payments for steel and fabric as soon as final sizing can be determined.

ENGINEERING REQUIREMENTS NOTES
Building Code CBC2022
Priced per CMAS Contract Number 4-22-11-1011
Wind Load 130 mph
Snow Load
Engineering $269.77
NSP (Non Specifically Priced) Overnight / Per Diem
Reach Fork up to 8k $2,141.06
Skid Steer with Auger $2,141.06
Dirt Removal and Disposal $1,027.71
Concrete Pump $2,141.06
Site Assessment $109.36
Project Management $171.28
Laborer, Journeyman $109.36
Ironworker, Journeyman $135.71
Rebar Cage $1,429.57
Ready Mix Concrete $244.08
Taxable Subtotal
Sales Tax 7.75%
Anchor Bolts $55.67
Dedicated Truck Shipping and Handling $8,500.00

CMAS PRICING

PART NUMBER DESCRIPTION UNIT PRICE
FULLHIPCANTIS27X18X10 Full Hip Cantilevers $11,015.38

www.usa-shade.com | 800-966-5005
Palm Desert, CA 92260
AZ: 289388 CA: 989458 LA: 61718 NV:78724
NM: 383826 TN: 68712 DIR: 1000003533
PD Aquatics Center Area 4 Shade
8/7/2023
Proposal Valid for 15 Days from above date
Proposal Prepared For:

City of Palm Desert
73510 Fred Waring Drive

Date: 8/7/2023
Purchaser: Contact: Sales Rep:

Project Name: Phone: Phone:

Quote No: Email: Email:

PO No: Fax: Fax:

Contact: Contact: Contact:

Phone Phone Phone
Email: Email: Email:

Fax: Fax: Fax:

CORPORATE ADDRESS: REMITTANCE ADDRESS:
2580 Esters Blvd., Suite 100 P.O. Box 734158
DFW Airport, TX 75261 Dallas, TX 75373-4158
SOUTHERN CALIFORNIA: NORTHERN CALIFORNIA: ARIZONA: LAS VEGAS:
1085 N. Main Street, Suite C 927 Enterprise Way, Suite A 2452 W. Birchwood Ave, Suite 112 6225 S. Valley View Blvd., Suite I Orange, CA 92867 Napa, CA 94558 Mesa, AZ 85202 Las Vegas, NV 89118 NOTE: This message is intended only for the use of the individual to whom it is addressed, and contains information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any unauthorized disclosure, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by phone and return the original message to the applicable address above.

MAILING ADDRESS:

P.O. Box 3467
Coppel, TX 75019
(760) 346-0611 (714) 427-6981 (760) 565-7467
[email protected] [email protected] [email protected] 92260 92867 92260
Randy Chavez Construction Dept David Keyes
Palm Desert Orange Palm Desert

CA CA CA
City of Palm Desert SOUTHERN CALIFORNIA Palm Desert Aquatic Center 73510 Fred Waring Drive 1085 N. Main Street, Suite C 73751 Magnesia Falls Drive Billing Information: Shipping Information: Jobsite Information:

PD Aquatics Center Area 4 Shade (760) 565-7467 (760) 250-7824 CA0823AD07754 [email protected] [email protected] Proposal for USA SHADE & Fabric Structures
Project Information: Sales Information:

City of Palm Desert David Keyes Ashley Donde
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Page 434 of 601 Structure Pricing

UNIT IMAGE
Unit Quantity: 1 Foundations By USA Shade
Unit Type: Full Hip Cantilever DoubleWide Grout Installation USA Shade Structure Size: 36ft x 36ft Footing Type: Drilled Pier
USA Shade Model
Number
CANFHPD36X36X9 Base Attachment: PIH - Embed
Entry Height: 8ft Anchor Bolts: Not Applicable
No of Columns: 2 Concrete Cutting: Not Applicable
No of Fabric Tops: 2 Dirt Removal: Included
Fabric Type: Colourshade_FR Surface Type: Concrete
Fabric Color: Blue NOTES
Steel Finish:

Coastal Primer w/
Powder Coating
Steel Color: White
Electrical Provisions: 0
Cable/HDW Finish: Galvanized
Concept No:

Area 4 (Between Pools)

UNIT DETAILS
Client responsible to identify utilities prior to
installation
$ 77,480.07
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Page 435 of 601

QTY UNIT TOTAL
1 Each $22,163.38
0 Each $0.00
LTG $8,500.00
$30,663.38
$2,376.41
2 EACH $2,859.14
8 PER CY $1,952.64
114 PER HR $12,467.04
30 PER HR $4,071.30
16 PER HOUR $1,749.76
27 PER HR $4,624.56
2 PER LOAD $2,055.42
1 PER DAY $2,141.06
1 PER WEEK $2,141.06
1 PER WEEK $2,141.06
12 PER HR $3,237.24
$5,000.00
TOTAL $77,480.07

INCLUDED EXCLUDED INCLUDED EXCLUDED
Crane: should a crane be required and direct access not available, additional costs will incur by way of a Change Order Revised Foundations: pricing based on standard drilled pier foundations; if existing site conditions and/or constraints require revised foundations (i.e. spread footing), additional costs will incur by way of a Change Order
Undergrounds: existing underground utilities, irrigation, etc. to be relocated/capped by others – USA Shade will provide Dig Alert only www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Design and Engineering of Foundation Demolition (Existing Structures) Reactions and Loads for attachment to Walls, Rooftops, or Other Payment and Performance Bonds Foundation Location and Elevation Survey Special Inspection Fees Permit Fee Temporary Fencing
DSA Submittal & Fees Water and Electrical
Design and Engineering of Structure Landscape Repair

INCLUSIONS / EXCLUSIONS

ENGINEERING REQUIREMENTS INSTALLATION - MISCELLANEOUS
Sealed Drawings & Calculations Prevailing Wage / Certified Payroll Permit Submittal Union Wages
5 psf
Drawing Size Electronic
No. of Sealed Drawings 1
Calculations Required On File
USA SHADE reserves the right to implement a surcharge for significant increases in raw materials, including the following, but not limited to: fuel, steel, fabric, and concrete. Proposal pricing is only valid for 30 days due to the fluctuation in pricing. Due to recent significant increases experienced in raw steel and fabric materials, it may be necessary to order, invoice, and receive payments for steel and fabric as soon as final sizing can be determined.

ENGINEERING REQUIREMENTS NOTES
Building Code CBC2022
Priced per CMAS Contract Number 4-22-11-1011
Wind Load 130 mph
Snow Load
Engineering $269.77
NSP (Non Specifically Priced) Overnight / Per Diem
Reach Fork up to 8k $2,141.06
Skid Steer with Auger $2,141.06
Dirt Removal and Disposal $1,027.71
Concrete Pump $2,141.06
Site Assessment $109.36
Project Management $171.28
Laborer, Journeyman $109.36
Ironworker, Journeyman $135.71
Rebar Cage $1,429.57
Ready Mix Concrete $244.08
Taxable Subtotal
Sales Tax 7.75%
Anchor Bolts $55.67
Dedicated Truck Shipping and Handling $8,500.00

CMAS PRICING

PART NUMBER DESCRIPTION UNIT PRICE
CANFHPD36X36X9 Full Hip Cantilevers Double Wide $22,163.38

www.usa-shade.com | 800-966-5005
Palm Desert, CA 92260
AZ: 289388 CA: 989458 LA: 61718 NV:78724
NM: 383826 TN: 68712 DIR: 1000003533
PD Aquatics Center Area 5 Shade
8/7/2023
Proposal Valid for 15 Days from above date
Proposal Prepared For:

City of Palm Desert
73510 Fred Waring Drive

Date: 8/7/2023
Purchaser: Contact: Sales Rep:

Project Name: Phone: Phone:

Quote No: Email: Email:

PO No: Fax: Fax:

Contact: Contact: Contact:

Phone Phone Phone
Email: Email: Email:

Fax: Fax: Fax:

CORPORATE ADDRESS: REMITTANCE ADDRESS:
2580 Esters Blvd., Suite 100 P.O. Box 734158
DFW Airport, TX 75261 Dallas, TX 75373-4158
SOUTHERN CALIFORNIA: NORTHERN CALIFORNIA: ARIZONA: LAS VEGAS:
1085 N. Main Street, Suite C 927 Enterprise Way, Suite A 2452 W. Birchwood Ave, Suite 112 6225 S. Valley View Blvd., Suite I Orange, CA 92867 Napa, CA 94558 Mesa, AZ 85202 Las Vegas, NV 89118 NOTE: This message is intended only for the use of the individual to whom it is addressed, and contains information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any unauthorized disclosure, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by phone and return the original message to the applicable address above.

MAILING ADDRESS:

P.O. Box 3467
Coppel, TX 75019
(760) 346-0611 (714) 427-6981 (760) 565-7467
[email protected] [email protected] [email protected] 92260 92867 92260
Randy Chavez Construction Dept David Keyes
Palm Desert Orange Palm Desert

CA CA CA
City of Palm Desert SOUTHERN CALIFORNIA Palm Desert Aquatic Center 73510 Fred Waring Drive 1085 N. Main Street, Suite C 73751 Magnesia Falls Drive Billing Information: Shipping Information: Jobsite Information:

PD Aquatics Center Area 5 Shade (760) 565-7467 (760) 250-7824 CA0623AD07170 [email protected] [email protected] Proposal for USA SHADE & Fabric Structures
Project Information: Sales Information:

City of Palm Desert David Keyes Ashley Donde
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Page 438 of 601 Structure Pricing

UNIT IMAGE
Unit Quantity: 1 Foundations By USA Shade
Unit Type: Full Hip Cantilever Grout Installation USA Shade Structure Size: 1x (18ft x 81ft)
1x (14ft x 81ft) Footing Type: Drilled Pier
USA Shade Model
Number Base Attachment: PIH - Embed
Entry Height: 10'-6" Anchor Bolts: Not Applicable
No of Columns: 7 Concrete Cutting: Not Applicable
No of Fabric Tops: 6 Dirt Removal: Included
Fabric Type: Colourshade_FR Surface Type: Dirt
Fabric Color: Blue NOTES
Steel Finish:

Coastal Primer w/
Powder Coating
Steel Color: White
Electrical Provisions: 14
Cable/HDW Finish: Galvanized
Concept No:

Area 5 (West Side)

UNIT DETAILS
Client responsible for relocation of sprinkler boxes
and identify utilities prior to installation
$ 245,798.94
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Page 439 of 601

QTY UNIT TOTAL
6 Each $66,092.28
0 Each $0.00
LTG $8,500.00
$74,592.28
$5,780.90
7 EACH $10,006.99
35 PER CY $8,542.80
798 PER HR $87,269.28
210 PER HR $28,499.10
16 PER HOUR $1,749.76
72 PER HR $12,332.16
3 PER LOAD $3,083.13
2 PER DAY $4,282.12
2 PER WEEK $4,282.12
1 PER WEEK $2,141.06
12 PER HR $3,237.24
TOTAL $245,798.94

INCLUDED EXCLUDED INCLUDED EXCLUDED
Crane: should a crane be required and direct access not available, additional costs will incur by way of a Change Order Revised Foundations: pricing based on standard drilled pier foundations; if existing site conditions and/or constraints require revised foundations (i.e. spread footing), additional costs will incur by way of a Change Order
Undergrounds: existing underground utilities, irrigation, etc. to be relocated/capped by others – USA Shade will provide Dig Alert only www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Design and Engineering of Foundation Demolition (Existing Structures) Reactions and Loads for attachment to Walls, Rooftops, or Other Payment and Performance Bonds Foundation Location and Elevation Survey Special Inspection Fees Permit Fee Temporary Fencing
DSA Submittal & Fees Water and Electrical
Design and Engineering of Structure Landscape Repair

INCLUSIONS / EXCLUSIONS

ENGINEERING REQUIREMENTS INSTALLATION - MISCELLANEOUS
Sealed Drawings & Calculations Prevailing Wage / Certified Payroll Permit Submittal Union Wages
5 psf
Drawing Size Electronic
No. of Sealed Drawings 1
Calculations Required On File
USA SHADE reserves the right to implement a surcharge for significant increases in raw materials, including the following, but not limited to: fuel, steel, fabric, and concrete. Proposal pricing is only valid for 30 days due to the fluctuation in pricing. Due to recent significant increases experienced in raw steel and fabric materials, it may be necessary to order, invoice, and receive payments for steel and fabric as soon as final sizing can be determined.

ENGINEERING REQUIREMENTS NOTES
Building Code CBC2022
Priced per CMAS Contract Number 4-22-11-1011
Wind Load 130 mph
Snow Load
Engineering $269.77
NSP (Non Specifically Priced) Overnight / Per Diem
Reach Fork up to 8k $2,141.06
Skid Steer with Auger $2,141.06
Dirt Removal and Disposal $1,027.71
Concrete Pump $2,141.06
Site Assessment $109.36
Project Management $171.28
Laborer, Journeyman $109.36
Ironworker, Journeyman $135.71
Rebar Cage $1,429.57
Ready Mix Concrete $244.08
Taxable Subtotal
Sales Tax 7.75%
Anchor Bolts $55.67
Dedicated Truck Shipping and Handling $8,500.00

CMAS PRICING

PART NUMBER DESCRIPTION UNIT PRICE
FULLHIPCANTIS27X18X10 Full Hip Cantilevers $11,015.38

www.usa-shade.com | 800-966-5005
Palm Desert, CA 92260
AZ: 289388 CA: 989458 LA: 61718 NV:78724
NM: 383826 TN: 68712 DIR: 1000003533
PD Aquatics Center Area 6 Shade
8/7/2023
Proposal Valid for 15 Days from above date
Proposal Prepared For:

City of Palm Desert
73510 Fred Waring Drive

Date: 8/7/2023
Purchaser: Contact: Sales Rep:

Project Name: Phone: Phone:

Quote No: Email: Email:

PO No: Fax: Fax:

Contact: Contact: Contact:

Phone Phone Phone
Email: Email: Email:

Fax: Fax: Fax:

CORPORATE ADDRESS: REMITTANCE ADDRESS:
2580 Esters Blvd., Suite 100 P.O. Box 734158
DFW Airport, TX 75261 Dallas, TX 75373-4158
SOUTHERN CALIFORNIA: NORTHERN CALIFORNIA: ARIZONA: LAS VEGAS:
1085 N. Main Street, Suite C 927 Enterprise Way, Suite A 2452 W. Birchwood Ave, Suite 112 6225 S. Valley View Blvd., Suite I Orange, CA 92867 Napa, CA 94558 Mesa, AZ 85202 Las Vegas, NV 89118 NOTE: This message is intended only for the use of the individual to whom it is addressed, and contains information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any unauthorized disclosure, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by phone and return the original message to the applicable address above.

MAILING ADDRESS:

P.O. Box 3467
Coppel, TX 75019
(760) 346-0611 (714) 427-6981 (760) 565-7467
[email protected] [email protected] [email protected] 92260 92867 92260
Randy Chavez Construction Dept David Keyes
Palm Desert Orange Palm Desert

CA CA CA
City of Palm Desert SOUTHERN CALIFORNIA Palm Desert Aquatic Center 73510 Fred Waring Drive 1085 N. Main Street, Suite C 73751 Magnesia Falls Drive Billing Information: Shipping Information: Jobsite Information:

PD Aquatics Center Area 6 Shade (760) 565-7467 (760) 250-7824 CA0823AD07764 [email protected] [email protected] Proposal for USA SHADE & Fabric Structures
Project Information: Sales Information:

City of Palm Desert David Keyes Ashley Donde
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Page 442 of 601 Structure Pricing

UNIT IMAGE
Unit Quantity: 2 Foundations By USA Shade
Unit Type: CUSTOM FLOWER Grout Installation USA Shade
Structure Size: 22ft x 21ft Footing Type: Drilled Pier
USA Shade Model
Number
Custom HDPE Colourshade Base Attachment: PIH - Embed
Entry Height: 10ft Anchor Bolts: Not Applicable
No of Columns: 1 each Concrete Cutting: Not Applicable
No of Fabric Tops: 1 each Dirt Removal: Included
Fabric Type: Colourshade_FR Surface Type: Concrete
Fabric Color: Blue NOTES
Steel Finish:

Coastal Primer w/
Powder Coating
Steel Color: White
Electrical Provisions: 0
Cable/HDW Finish: Galvanized
Concept No:

Area 6 (Flowers)

UNIT DETAILS
Client responsible to identify utilities prior to
installation
$ 151,706.44
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Page 443 of 601

QTY UNIT TOTAL
924 Each $91,050.96
0 Each $0.00
LTG $8,500.00
$99,550.96
$7,715.20
2 EACH $2,859.14
8 PER CY $1,952.64
114 PER HR $12,467.04
30 PER HR $4,071.30
16 PER HOUR $1,749.76
27 PER HR $4,624.56
2 PER LOAD $2,055.42
1 PER DAY $2,141.06
1 PER WEEK $2,141.06
1 PER WEEK $2,141.06
12 PER HR $3,237.24
$5,000.00
TOTAL $151,706.44

INCLUDED EXCLUDED INCLUDED EXCLUDED
Crane: should a crane be required and direct access not available, additional costs will incur by way of a Change Order Revised Foundations: pricing based on standard drilled pier foundations; if existing site conditions and/or constraints require revised foundations (i.e. spread footing), additional costs will incur by way of a Change Order
Undergrounds: existing underground utilities, irrigation, etc. to be relocated/capped by others – USA Shade will provide Dig Alert only www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Design and Engineering of Foundation Demolition (Existing Structures) Reactions and Loads for attachment to Walls, Rooftops, or Other Payment and Performance Bonds Foundation Location and Elevation Survey Special Inspection Fees Permit Fee Temporary Fencing
DSA Submittal & Fees Water and Electrical
Design and Engineering of Structure Landscape Repair

INCLUSIONS / EXCLUSIONS

ENGINEERING REQUIREMENTS INSTALLATION - MISCELLANEOUS
Sealed Drawings & Calculations Prevailing Wage / Certified Payroll Permit Submittal Union Wages
5 psf
Drawing Size Electronic
No. of Sealed Drawings 1
Calculations Required On File
USA SHADE reserves the right to implement a surcharge for significant increases in raw materials, including the following, but not limited to: fuel, steel, fabric, and concrete. Proposal pricing is only valid for 30 days due to the fluctuation in pricing. Due to recent significant increases experienced in raw steel and fabric materials, it may be necessary to order, invoice, and receive payments for steel and fabric as soon as final sizing can be determined.

ENGINEERING REQUIREMENTS NOTES
Building Code CBC2022
Priced per CMAS Contract Number 4-22-11-1011
Wind Load 130 mph
Snow Load
Engineering $269.77
NSP (Non Specifically Priced) Overnight / Per Diem
Reach Fork up to 8k $2,141.06
Skid Steer with Auger $2,141.06
Dirt Removal and Disposal $1,027.71
Concrete Pump $2,141.06
Site Assessment $109.36
Project Management $171.28
Laborer, Journeyman $109.36
Ironworker, Journeyman $135.71
Rebar Cage $1,429.57
Ready Mix Concrete $244.08
Taxable Subtotal
Sales Tax 7.75%
Anchor Bolts $55.67
Dedicated Truck Shipping and Handling $8,500.00

CMAS PRICING

PART NUMBER DESCRIPTION UNIT PRICE
CUSTOM STRUCTURE HDPE COLOURSHADE Custom Flowers $98.54

www.usa-shade.com | 800-966-5005
Palm Desert, CA 92260
AZ: 289388 CA: 989458 LA: 61718 NV:78724
NM: 383826 TN: 68712 DIR: 1000003533
PD Aquatics Center Pool Chiller Shade
8/7/2023
Proposal Valid for 15 Days from above date
Proposal Prepared For:

City of Palm Desert
73510 Fred Waring Drive

Date: 8/7/2023
Purchaser: Contact: Sales Rep:

Project Name: Phone: Phone:

Quote No: Email: Email:

PO No: Fax: Fax:

Contact: Contact: Contact:

Phone Phone Phone
Email: Email: Email:

Fax: Fax: Fax:

CORPORATE ADDRESS: REMITTANCE ADDRESS:
2580 Esters Blvd., Suite 100 P.O. Box 734158
DFW Airport, TX 75261 Dallas, TX 75373-4158
SOUTHERN CALIFORNIA: NORTHERN CALIFORNIA: ARIZONA: LAS VEGAS:
1085 N. Main Street, Suite C 927 Enterprise Way, Suite A 2452 W. Birchwood Ave, Suite 112 6225 S. Valley View Blvd., Suite I Orange, CA 92867 Napa, CA 94558 Mesa, AZ 85202 Las Vegas, NV 89118 NOTE: This message is intended only for the use of the individual to whom it is addressed, and contains information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any unauthorized disclosure, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by phone and return the original message to the applicable address above.

MAILING ADDRESS:

P.O. Box 3467
Coppel, TX 75019
(760) 346-0611 (714) 427-6981 (760) 565-7467
[email protected] [email protected] [email protected] 92260 92867 92260
Randy Chavez Construction Dept David Keyes
Palm Desert Orange Palm Desert

CA CA CA
City of Palm Desert SOUTHERN CALIFORNIA Palm Desert Aquatic Center 73510 Fred Waring Drive 1085 N. Main Street, Suite C 73751 Magnesia Falls Drive Billing Information: Shipping Information: Jobsite Information:

PD Aquatics Center Pool Chiller Shade (760) 565-7467 (760) 250-7824 CA0623AD07171 [email protected] [email protected] Proposal for USA SHADE & Fabric Structures
Project Information: Sales Information:

City of Palm Desert David Keyes Ashley Donde
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Page 446 of 601 Structure Pricing

UNIT IMAGE
Unit Quantity: 1 Foundations By USA Shade
Unit Type: Full Hip Cantilever Grout Installation USA Shade Structure Size: 20ft x 27ft Footing Type: Drilled Pier
USA Shade Model
Number Base Attachment: PIH - Embed
Entry Height: 10'-6" Anchor Bolts: Not Applicable
No of Columns: 2 Concrete Cutting: Not Applicable
No of Fabric Tops: 1 Dirt Removal: Included
Fabric Type: Colourshade_FR Surface Type: Dirt
Fabric Color: Blue NOTES
Steel Finish:

Coastal Primer w/
Powder Coating
Steel Color: White
Electrical Provisions: 0
Cable/HDW Finish: Galvanized
Concept No:

Pool Chiller Shade

UNIT DETAILS
Client responsible for relocation of sprinkler boxes
and identify utilities prior to installation
$ 60,655.47
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Page 447 of 601

QTY UNIT TOTAL
1 Each $14,024.94
0 Each $0.00
LTG $8,500.00
$22,524.94
$1,745.68
2 EACH $2,859.14
5 PER CY $1,220.40
114 PER HR $12,467.04
30 PER HR $4,071.30
8 PER HOUR $874.88
18 PER HR $3,083.04
1 PER LOAD $1,027.71
1 PER DAY $2,141.06
1 PER WEEK $2,141.06
1 PER WEEK $2,141.06
8 PER HR $2,158.16
$2,200.00
TOTAL $60,655.47

INCLUDED EXCLUDED INCLUDED EXCLUDED
Crane: should a crane be required and direct access not available, additional costs will incur by way of a Change Order Revised Foundations: pricing based on standard drilled pier foundations; if existing site conditions and/or constraints require revised foundations (i.e. spread footing), additional costs will incur by way of a Change Order
Undergrounds: existing underground utilities, irrigation, etc. to be relocated/capped by others – USA Shade will provide Dig Alert only www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Design and Engineering of Foundation Demolition (Existing Structures) Reactions and Loads for attachment to Walls, Rooftops, or Other Payment and Performance Bonds Foundation Location and Elevation Survey Special Inspection Fees Permit Fee Temporary Fencing
DSA Submittal & Fees Water and Electrical
Design and Engineering of Structure Landscape Repair

INCLUSIONS / EXCLUSIONS

ENGINEERING REQUIREMENTS INSTALLATION - MISCELLANEOUS
Sealed Drawings & Calculations Prevailing Wage / Certified Payroll Permit Submittal Union Wages
5 psf
Drawing Size Electronic
No. of Sealed Drawings 1
Calculations Required On File
USA SHADE reserves the right to implement a surcharge for significant increases in raw materials, including the following, but not limited to: fuel, steel, fabric, and concrete. Proposal pricing is only valid for 30 days due to the fluctuation in pricing. Due to recent significant increases experienced in raw steel and fabric materials, it may be necessary to order, invoice, and receive payments for steel and fabric as soon as final sizing can be determined.

ENGINEERING REQUIREMENTS NOTES
Building Code CBC2022
Priced per CMAS Contract Number 4-22-11-1011
Wind Load 130 mph
Snow Load
Engineering $269.77
NSP (Non Specifically Priced) Overnight / Per Diem
Reach Fork up to 8k $2,141.06
Skid Steer with Auger $2,141.06
Dirt Removal and Disposal $1,027.71
Concrete Pump $2,141.06
Site Assessment $109.36
Project Management $171.28
Laborer, Journeyman $109.36
Ironworker, Journeyman $135.71
Rebar Cage $1,429.57
Ready Mix Concrete $244.08
Taxable Subtotal
Sales Tax 7.75%
Anchor Bolts $55.67
Shipping and Handling $3,246.35

CMAS PRICING

PART NUMBER DESCRIPTION UNIT PRICE
FULLHIPCANTIS30x20X10 Full Hip Cantilevers $14,024.94

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 14, 2023
PREPARED BY: Anthony J. Meia, City Clerk
REQUEST: INTRODUCTION OF AN ORDINANCE AMENDING SECTION 2.36.370

OF THE PALM DESERT MUNICIPAL CODE RELATED TO THE READING

OF ORDINANCES AND RESOLUTIONS
RECOMMENDATION:

Introduce an ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.36.370 OF THE PALM DESERT MUNICIPAL CODE RELATED TO THE READING OF ORDINANCES AND RESOLUTIONS.” BACKGROUND/ANALYSIS:

Adopted in 1975, Palm Desert Municipal Code Section 2.36.370 requires at the time of adoption, the City Clerk shall read the full ordinance and resolution, or having read the title, further reading is waived by 4/5ths consent of the City Council. This requirement is not aligned with the City past practice and is impractical as the reading of all ordinance and resolution titles would create a significant delay in the meeting proceedings. Therefore, City staff recommends amending the Code to allow for the printing of the full ordinance and resolution title on the face of the agenda to satisfy the aforementioned requirements. As a charter city, the City has plenary authority over municipal affairs including procedures for adopting ordinances and resolutions.

Legal Review:

This report has been reviewed by the City Attorney’s office.

FINANCIAL IMPACT:

There is no financial impact associated with this action.

ATTACHMENT:

Ordinance

ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING SECTION 2.36.370 OF THE PALM

DESERT MUNICIPAL CODE RELATED TO THE READING OF

ORDINANCES AND RESOLUTIONS

THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Amendment to Municipal Code. Palm Desert Municipal Code Section 2.36.370 is hereby amended to read as follows: “At the time of adoption of an ordinance or resolution, the same shall be read in full unless after the reading, or having read the title, further reading thereof is waived by four-fifths consent of the councilpersons present. Such consent may be expressed by a statement by the presiding officer that “If there is no objection, the further reading of the ordinance or resolution shall be waived.” The printing of the full ordinance or resolution title on the face of the agenda shall satisfy the aforementioned requirements.

SECTION 2. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption.

ADOPTED ON ________________, 20___.

KATHLEEN KELLY
MAYOR
ATTEST:

ANTHONY J. MEJIA

CITY CLERK

Ordinance No. _____ Page 2
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on _________, 20___, and adopted at a regular meeting of the City Council held on __________, 20___, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ______________, 20___.

ANTHONY J. MEJIA

CITY CLERK

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 14, 2023
PREPARED BY: Amy Lawrence, Deputy Director of Economic Development Thomas Soule, Public Affairs Manager
REQUEST: CONSIDERATION OF A THREE-YEAR SPONSORSHIP WITH DESERT PUBLICATIONS, INC., FOR FASHION WEEK EL PASEO AND FOOD &

WINE FESTIVAL PALM DESERT
RECOMMENDATION:

1. Approve a three-year Sponsorship Agreement with Desert Publications, Inc., in the amount of $300,000 annually for Fashion Week El Paseo and the Palm Desert Food & Wine Festival.

2. Authorize use of the north side of Shadow Mountain Lane behind The Gardens on El Paseo for valet parking during the event.

3. Authorize waiver of all permit and inspection fees related to the event.

4. Authorize the City Attorney to make non-substantive changes and the City Manager to execute all necessary documents.

BACKGROUND/ANALYSIS:

History
Coordinated by Desert Publications, Inc., d.b.a. Palm Springs Life (PSL), Fashion Week El Paseo celebrated its 16th year in 2023. Fashion Week El Paseo began in 2006 with three evening fashion shows held in March. The timing was strategically selected to occur between two major events in the Valley—the BNP Paribas Tennis Tournament and the Kraft Nabisco LPGA Championship, which later became the ANA Inspiration. Although the golf event has since moved to Texas, Fashion Week continues to benefit from the lead-in of the tennis tournament.

Since its inception in 2006, Fashion Week El Paseo has grown from three evenings, to seven full days of special events—both onsite and in stores throughout the El Paseo shopping district— and is now known as the largest consumer Fashion Week event on the west coast, with higher attendance than similar shows in Los Angeles, Phoenix, San Diego, San Francisco, and Portland.

The Palm Desert Food & Wine Festival, which started in 2010, has also grown in stature and prestige through its alliance with the James Beard Foundation. Comprising three full days of onsite events, Palm Desert Food & Wine also features multiple off-site events in the week leading up to the main event. This event began to see exponential growth after securing some of the top-rated celebrity chefs in the country including Curtis Stone, Carla Hall, Gale Gand, and Fabio Viviani, among others some even attending multiple years.

Although the events share the same physical space, at the top of the parking structure at The Gardens on El Paseo, the two events function independently of each other. Until 2023, they

City of Palm Desert
Fashion Week El Paseo and Palm Desert Food & Wine Festival Sponsorship 2023

overlapped for two days, with Palm Desert Food & Wine events taking place in the daytime and Fashion Week El Paseo events at night. In 2023, Fashion Week El Paseo ended on Thursday night, and Palm Desert Food & Wine began on Friday, allowing the event space to be used more efficiently and creatively. Attendees responded positively to these changes, which was reflected in the consumer sentiment survey results.

Economic Impact
While it is difficult to measure the direct retail sales or hotel rooms from the event due to the cross-over with other valley events, the branding of Palm Desert and El Paseo as a fashion and food destination is extensive, with a total of more than $5.3 million in media value promotions throughout California and the nation. In addition, as the City's only signature events, Fashion Week El Paseo and Palm Desert Food & Wine had a combined economic impact of more than $4.9 million in 2023.

Fashion Week El Paseo - Event Highlights from 2023
 5,453 people attended Fashion Week El Paseo.
 51% of attendees were from out of market.
 17 ticketed or free events, including fashion shows, pop-up stores, lectures, backstage tours, and opportunities to meet the designers.
 130 in-store events produced by 28 El Paseo retailers throughout the shopping district.  $62,027 cumulatively raised for charities.
 Fashion Week garnered a value of more than $2.3 million in marketing and media both in paid advertising, printed materials, and editorial/news from local and national press.  The economic impact of Fashion Week, as calculated by Palm Springs Life, is more than $2.8 million.

Palm Desert Food & Wine Festival - Event Highlights from 2023  4,043 attendees
 67% of attendees were from out-of-market
 27 sponsors and partners
 18 celebrity chefs
 35 participating restaurants
 55 participating wineries, breweries, and spirits
 42 food, wine, and spirit experiences, such as celebrity chef demonstrations, book signings, and more.
 $22,025 cumulatively raised for FIND Food Bank and the James Beard Foundation  More than $3 million in media and marketing coverage
 The economic impact of Palm Desert Food & Wine, as calculated by Palm Springs Life, is $2.1 million.

Fashion Week El Paseo and the Palm Desert Food & Wine Festival are unique, signature events for Palm Desert that are perfectly timed to encourage out-of-town guests to extend their visit in the city and patronize its shops, restaurants, and hotels. Spurred by the significant exposure that the City receives from its sponsorship via advertising, public relations, and online and direct

City of Palm Desert
Fashion Week El Paseo and Palm Desert Food & Wine Festival Sponsorship 2023

marketing efforts, these visitors help generate sales tax and transient occupancy tax revenues that add to the City's general fund.

Future Vision
After a two-year hiatus due to the COVID-19 pandemic (2020 and 2021), both events have been building back up to pre-pandemic attendance levels. Attendance at Fashion Week El Paseo has leveled out over the past several years. The most effective way to continue to grow the event is to invest in bigger-name designers for the shows, which costs more money for better talent.

Palm Springs Life is working to economize in some areas of the budget to be able to free up other funds to improve the fashion show programming.

The future growth in attendance will be found with the Palm Desert Food & Wine Festival. The recent demise of both the L.A. Food & Wine Festival and the Pebble Beach Food & Wine Festival presents an opportunity for the Palm Desert Food & Wine Festival to fill the gap, making it not only a premiere event for the City of Palm Desert but a destination event for the entire west coast.

Palm Desert Food & Wine already has the high-caliber chefs needed to replace Pebble Beach, but it needs further development of the programming and physical space to accommodate that kind of growth. Pebble Beach had three grand tasting tents, while Palm Desert Food & Wine is bursting at the seams in its one tent. Palm Springs Life is currently evaluating the economics of adding another grand tasting tent, which would allow for the needed expansion. Questions remain about how that would affect programming, costs, and other elements of the event.

Staff will continue to work with Palm Springs Life to develop a strategic plan to create a pathway to this expanded vision for both events over the next three years.

Request
During a study session with the City Council on April 13, 2023, staff and Palm Springs Life presented a Fashion Week El Paseo and Palm Desert Food & Wine Festival event recap and sponsorship request. The presentation indicated that the five-year sponsorship with Palm Springs Life for both events at $300,000 annually had expired as of 2023, and that they would be requesting an extension of funding for the next three years. Staff also noted that funding for the 2024 events in the amount of $300,000 had been included in the FY 2023/24 budget.

In order to continue the high level of experience of the events and to help execute its vision for future growth, staff is recommending that the City Council approve a three-year funding agreement with Palm Springs Life in the amount of $300,000 annually, specifically through the 2026 events.

Legal Review:

This report has been reviewed by the City Attorney’s office.

Strategic Plan:
 Economic Development Priority No. 3 – Create and attract entertainment and events to enhance and expand the Palm Desert economy and lifestyle.

City of Palm Desert
Fashion Week El Paseo and Palm Desert Food & Wine Festival Sponsorship 2023

 Marketing and Tourism Priority No. 2 – Grow existing events and develop new events to enhance the desirability of Palm Desert as a year-round destination.

FINANCIAL IMPACT:

Funding for both events totaling $300,000 is included in the FY 2023/24 Approved Budget.

Funding for the subsequent years will be requested as part of the FY 2024/25 and 2025/26 budgets.

ATTACHMENTS:

1. Desert Publications, Inc. Sponsorship Request/Agreement

2. Fashion Week El Paseo 2023 Partner Summary

3. Palm Desert Food & Wine Festival 2023 Partner Summary

2023 PARTNER SUMMARY

EVENT HIGHLIGHTS

2023 PARTNER SUMMARY // FASHION WEEK EL PASEO 2023 3

EVENT HIGHLIGHTS
17 The largest consumer fashion show on the west coast, this 16th annual event was held at The Gardens on El Paseo in Palm Desert, California.

TICKETED OR FREE EVENTS

INCLUDING FASHION SHOWS,

POP-UP STORES, LECTURES,

BACKSTAGE TOURS, AND

MEET THE DESIGNERS
130

IN-STORE EVENTS

PRODUCED BY
28 EL PASEO RETAILERS
5,453

PEOPLE ATTENDED

FASHION WEEK EL PASEO
INCLUDING:
• 4,215 Ticket Holders
• 360 Volunteers
• 300 Staff
• 237 Sponsors and Partners
• 178 Models
• 100 Student Guests
• 63 Designers
$62,027

CUMULATIVELY RAISED FOR
CHARITIES INCLUDING:

EVENTS RETAILERS ATTENDANCE CHARITIES
• Bighorn BAM
• Desert Arc
• GirlFriend Factor
• Mizell Center “Meals on Wheels”
• Oak Grove Sanctuary Palm Springs
• Palm Springs Pathfinders
• Safehouse of the Desert

2023 PARTNER SUMMARY // FASHION WEEK EL PASEO 2023 4

TESTIMONIALS
“The best week ever!!! I loved every night!
Opening with NARCES just blew me out of the
water! Beauty, glamour, style and grace – all the
things I wanted to see more of last year!
Thank you!”
– Anonymous (Coachella Valley, California)
“The show was wonderful, but the real highlight
was my daughter getting to meet Josie.

Josie Natori was so kind to my daughter – talking
to her, holding her hand and taking pictures with
her. This is my daughter’s second year attending
and I’ve never seen her happier!”
– Emily Amilhussin (ꢀousand Oaks, California)
“A fantastic event that is consistently a quality
event. It is so accessible, and free and close
parking is the best!”
– Rosemary Flaherty (Palm Springs, California)
“Wonderful experience! Well organized
with friendly and welcoming staff.”
– Manuel Gaitan (Coachella, California)
“So organized and professional from buying tickets
over the phone to checking in at the event, to
being seated. Five stars all the way!! “
– Chip Oberndorf (Dana Point, California)
“Exciting and enjoyable event.”
– Karin Franchuk (Danville, California)
“It’s always exciting to come back every year and
experience the show with new eyes.”
– Valeria Batross (Indian Wells, California)
“It was my fi rst time going and
I really enjoyed it.”
– Christel Lopez (Indio, California)
“I really enjoyed coming to the show! It was an
incredibly experience for an aspiring designer and
everyone from the venue staff to the producers of
the event were so amazing.”
– Anonymous (Riverside County, California)
“Always a fun evening, enjoyed the
BAM silent auction.”
– Karin Barnes (Palm Desert, California)
“It seemed to be very well orchestrated from the
time of checking in to the cocktail event, and then
on to the show itself. My husband and I enjoyed
this event; we will be returning.”
– Lana Vasquez (San Diego, California)
“I loved the canapes, the service staff and the
greeters were friendly as well as professional. The
models were fantastic and I loved watching them
on the runway. Fashions were so great, colorful,
well-made, and it was so great to see their talent
and their collections. This type of show has been
on my bucket list for many years so I fulfi lled my
dream of attending.”
– Julie Marks (Palm Desert California)
“Everyone was so kind and generous! I brought my
daughters and mother. They even let my daughters
walk the runway after the show, which was the
most incredible experience ever for them.

We are super grateful!”
– Sonja Casady (Fairbanks, Alaska)

ATTENDANCE +

GEOGRAPHIC COMPOSITION

2023 PARTNER SUMMARY // FASHION WEEK EL PASEO 2023 6

ATTENDANCE
5,453

TOTAL ATTENDANCE

2023 PARTNER SUMMARY // FASHION WEEK EL PASEO 2023 7
51%
49%
Coachella Valley
Out-of-Market
california (top 4 reGions)
Greater Los Angeles 9%
Orange County 4%
San Diego County 3%
Northern California 7%
outside california
Northeast 2%
Midwest 5%
South 3%
West (excluding California) 11%
Canada 3%
Other International (England) .15%
O
25%
F 2023 ATTENDEES

CAME TO THE AREA

SPECIFICALLY FOR

FASHION WEEK EL PASEO

GEOGRAPHIC COMPOSITION

ATTENDEES FROM MANY
STATES, INCLUDING:

Alaska
Florida
Illinois
Iowa
Minnesota
Nevada
New Mexico
Ohio
Oregon
Texas
Utah
Virginia
Washington
Wisconsin

DEMOGRAPHICS

2023 PARTNER SUMMARY // FASHION WEEK EL PASEO 2023 9

DEMOGRAPHICS
8%
$50k–$99k
9%
$100k–$149k
12%
$150k–$199k
43%
$200k+
HOUSEHOLD INCOME*
4%
18–35
22%
36–55
65%
56–75
9%
76+
AGE
*28% chose not to respond

ECONOMIC IMPACT

2023 PARTNER SUMMARY // FASHION WEEK EL PASEO 2023 11

ECONOMIC IMPACT
Source: Modernism Week 2023 Economic Impact ($525 per person) The economic impact to greater Palm Desert was $2,862,825 in 2023. 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2022 2023 $4,950,000
$3,038,245
$2,761,8851
$3,165,400
$2,969,400
$2,337,480
$1,114,000
$900,000
$612,300
$411,400
$214,300 $153,100
$100 $100 $100 $100 $100 $100 $180 $245 $245 $245 $245 $375 $375 $402 $525 $5,118,750
$2,770,182 $2,862,825

MEDIA + MARKETING

PROMOTIONAL VALUE

2023 PARTNER SUMMARY // FASHION WEEK EL PASEO 2023 13

EDITORIAL AND PUBLIC RELATIONS VALUE
(3,258,000 TOTAL IMPRESSIONS ACROSS ALL CHANNELS)
$250,641

PRINT ADVERTISING VALUE
(435,435 TOTAL COPIES DISTRIBUTED
AND 1,391,528 TOTAL READERSHIP)
$57,015

PRINTED COLLATERAL VALUE
(42,235 UNITS PRINTED)
$87,910

SOCIAL MEDIA VALUE
(1,680,421 VIEWS / IMPRESSIONS)
$469,542
Fashion Week El Paseo’s 2023 media and marketing coverage total value of $1,164,434 resulted in 93,567,748 impressions to expose and brand El Paseo as a premier Southern California shopping destination.

ONLINE ADVERTISING VALUE
(150,000 BANNER IMPRESSIONS /
3,652,456 NEWSLETTER IMPRESSIONS)
$246,186

TELEVISION ADVERTISING VALUE
(1,113 SPOTS / 76,221,722 AUDIENCE EXPOSURE)
$35,540

RADIO ADVERTISING VALUE
(420 SPOTS / 13,621 AUDIENCE EXPOSURE)
$10,562

DIGITAL BILLBOARD VALUE
(7,200,000 IMPRESSIONS)
$17,600

2023 PARTNER SUMMARY // FASHION WEEK EL PASEO 2023 14

EDITORIAL AND PUBLIC

RELATIONS VALUE
(3,258,000 TOTAL IMPRESSIONS

ACROSS ALL CHANNELS)
$250,641
KESQ

CV WEEKLY

DESERT SUN
GOTHAM
LOCALE

PALM SPRINGS LIFE

THE GUIDE
PALMSPRINGSLIFE.COM

2023 PARTNER SUMMARY // FASHION WEEK EL PASEO 2023 15

PRINT ADVERTISING VALUE
(435,435 TOTAL COPIES DISTRIBUTED
AND 1,391,528 TOTAL READERSHIP)
$57,015

PALM SPRINGS LIFE

PALM SPRINGS LIFE ANNUAL EDITION

THE GUIDE

PALM SPRINGS LIFE HOMES

EL PASEO CATALOGUE

FASHION WEEK EL PASEO PROGRAM

PRINT ADVERTISING

2023 PARTNER SUMMARY // FASHION WEEK EL PASEO 2023 16

PRINTED COLLATERAL VALUE
(42,235 UNITS PRINTED)
$89,910

POSTERS

RACKCARDS

POSTCARDS

STREET SIGNS

NIGHTLY PROGRAMS

EL PASEO MERCHANT KITS

SCHEDULE OF EVENTS BOOKLET

DIVA GUIDE

PRINTED COLLATERAL

2023 PARTNER SUMMARY // FASHION WEEK EL PASEO 2023 17

SOCIAL MEDIA VALUE
(1,680,421 VIEWS /

IMPRESSIONS)
$469,542

SOCIAL MEDIA

2023 PARTNER SUMMARY // FASHION WEEK EL PASEO 2023 18

ONLINE ADVERTISING VALUE
(150,000 BANNER IMPRESSIONS /
3,652,456 NEWSLETTER IMPRESSIONS)
$246,186

ONLINE ADVERTISING

2023 PARTNER SUMMARY // FASHION WEEK EL PASEO 2023 19

TELEVISION ADVERTISING VALUE
(1,113 SPOTS / 76,221,722 AUDIENCE EXPOSURE)
$25,540

TELEVISION, RADIO, & DIGITAL BILLBOARD ADVERTISING

RADIO ADVERTISING VALUE
(420 SPOTS /
13,621 AUDIENCE EXPOSURE)
$10,562

DIGITAL BILLBOARD VALUE
(7,200,000 IMPRESSIONS)
$17,600
LOS ANGELES:
(10 billboards daily, rotating
within a 16 billboard system)

1. I-60 & 57

2. I-10 & 605

3. I-10 & Convention Center
Way

4. Sunset Blvd next to
Roxy Theatre

5. Santa Monica Blvd &
La Brea

6. 170 & Hollywood Blvd

7. I-5 & 710

8. 605 & Los Angeles Street

9. 210 & S. Azusa Ave

10. I-60 & Fairway Drive

11. I-15 & 210

12. I-10 & Cherry Ave

13. I-15 & Milliken

14. I-5 & Scout Ave

15. 91 & Palisades Drive

16. 91 & Paseo Grande
SAN DIEGO:
(10 billboards daily, rotating
within a 14 billboard system)

1. I-8 & 95

2. I-8 & 1st Ave

3. I-15 & 52

4. I-5 & 52

5. I-15 & Miramar Road

6. I-5 & Sorrento

7. I-8 & Waring Road

8. I-8 & 805

9. I-5 & Garnett

10. 52 & Mission Gorge

11. 125 & Lake Murray

12. 125 & University Ave

13. I-15 & Adams

14. 163 & Friars

SURVEY RESULTS

2023 PARTNER SUMMARY // FASHION WEEK EL PASEO 2023 21
How many years have you attended Fashion Week El Paseo? 0% 10% 20% 30% 40% 50%
40%
22%
10%
28%
1 Year (This was my fi rst year)
2–3 Years
4–5 Years
6 or More Years

SURVEY RESULTS

2023 PARTNER SUMMARY // FASHION WEEK EL PASEO 2023 22
How did you learn about Fashion Week El Paseo?

SURVEY RESULTS
0% 10% 20% 30% 40% 50% 60%
Palm Springs Life Magazine 59%
Word of Mouth
Email Marketing
Other*
Social Media
Television
Charity
Newspaper
Billboard
Los Angeles Magazine
Orange Coast Magazine
Digital Display Ads
Radio
28%
22%
17%
15%
8%
4%
2%
2%
1%
1%
1%
1%
*Other Includes: Past Attendee & Google Search

2023 PARTNER SUMMARY // FASHION WEEK EL PASEO 2023 23
How would you rate your overall experience at this year’s event? 0% 10% 20% 30% 40% 50%
32%
17%
4%
1%
Excellent
Very Good
Good
Fair
Poor
46%

SURVEY RESULTS

2023 PARTNER SUMMARY // FASHION WEEK EL PASEO 2023 24
How likely are you to attend Fashion Week El Paseo in the future? 0% 10% 20% 30% 40% 50%
51%
26%
13%
10%
Defi nitely
Very Likely
Likely
Unlikely

SURVEY RESULTS

2023 PARTNER SUMMARY // FASHION WEEK EL PASEO 2023 25
How likely is it you would recommend Fashion Week El Paseo to a friend, family member, or colleague?

SURVEY RESULTS
0% 10% 20% 30% 40% 50% 60% 70%
Defi nitely
Very Likely
Likely
Unlikely
Very Unlikely 1%
5%
16%
16%
62%

2023 PARTNER SUMMARY // FASHION WEEK EL PASEO 2023 26
What additional fashion events would you like to see added? 0% 10% 20% 30% 40%
Trend Presentations
Other*
Athletic Wear
Men’s Wear
Bridal/Formal Wear
Children’s Wear
37%
20%
4%
14%
10%
15%

SURVEY RESULTS
*Other Includes: Swim & Beach Wear, Resort Wear, Cruise Fashions, Vintage, Mature Women’s Styles, Plus Size Styles & Shoes

2023 PARTNER SUMMARY // FASHION WEEK EL PASEO 2023 27
Did you stay overnight in the greater Palm Desert area? 0% 10% 20% 30% 40% 50% 60%
59%
41%
Yes
No

SURVEY RESULTS

2023 PARTNER SUMMARY // FASHION WEEK EL PASEO 2023 28
How long was your visit to the greater Palm Desert area? 0% 10% 20% 30% 40% 50% 60%
12%
12%
16%
2 Weeks or More 60%
6–10 Days
2–5 Days
1 Day

SURVEY RESULTS

2023 PARTNER SUMMARY // FASHION WEEK EL PASEO 2023 29
Did you visit Greater Palm Springs specifically for Fashion Week El Paseo? If you answered “Yes”, did you add days on either end
to make your stay in the greater Palm Desert area longer? 0% 10% 20% 30% 40% 50% 60% 70% 80% 90%
25%
75%
Yes
No
82%
Yes 18%
No
0% 10% 20% 30% 40% 50% 60% 70% 80% 90%

SURVEY RESULTS

2023 PARTNER SUMMARY // FASHION WEEK EL PASEO 2023 30
Did you fly to greater Palm Desert to attend Fashion Week El Paseo?

SURVEY RESULTS
0% 10% 20% 30% 40% 50% 60% 70% 80% 90%
12%
88%
Yes
No
*Airlines Flown Included: Air Canada, Alaska Airlines, Allegiant Air, Delta Airlines, Southwest Airlines, United Airlines & WestJet

2023 PARTNER SUMMARY // FASHION WEEK EL PASEO 2023 31
Did you dine out during Fashion Week El Paseo?
If you answered “Yes”, how many times did you dine out? 0% 10% 20% 30% 40% 50% 60% 70% 80% 90%
88%
12%
Yes
No

SURVEY RESULTS
74%
10%
1–3 Times
4–5 Times
6+ Times
16%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90%

2023 PARTNER SUMMARY // FASHION WEEK EL PASEO 2023 32
Did you visit the El Paseo Shopping District during your stay? If you answered “Yes”, did you make any purchases?
0% 10% 20% 30% 40% 50% 60% 70% 80% 90%
72%
28%
Yes
No
0% 10% 20% 30% 40% 50% 60% 70% 80% 90%
81%
19%
Yes
No

SURVEY RESULTS

2023 PARTNER SUMMARY // FASHION WEEK EL PASEO 2023 33
Do you plan to attend Fashion Week El Paseo 2024?
(March 15–21, 2024)
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
94%
6%
Yes
No

SURVEY RESULTS

SPONSORS

2023 PARTNER SUMMARY // FASHION WEEK EL PASEO 2023 35

SPONSORS
welcoming sponsor
trendsetter sponsors
designer sponsors official airline sponsor
media sponsor
collection sponsors
couture sponsors

2023 PARTNER SUMMARY // FASHION WEEK EL PASEO 2023 Page 504 of 60136 Tank You!
Let Fashion Week El Paseo work for you –
call us today
PHOTOGRAPHY / YASIN CHAUDHRY / TIFFANY L. CLARK / DAVID CROTTY / NICOLE JARAMILLO JAYLIANNA MARQUEZ / ASHLEY MEJIA / JONATHAN WYNNE / A1 PARTY RENTAL 303 N. Indian Canyon Dr., Palm Springs, CA 92262 / palmspringslife.com

FRANK JONES
President and Publisher
Palm Springs Life
760-325-2333, ext 244
[email protected]

PAULINA LARSON
Marketing Director
Palm Springs Life
760-325-2333, ext 286
[email protected]
04/12/23

2023 PARTNER SUMMARY

2023 PARTNER SUMMARY // PALM DESERT FOOD & WINE 2023 2

EVENT HIGHLIGHTS
42 This 11th annual food and wine event was held on
El Paseo in Palm Desert, California.

FOOD, WINE, AND SPIRIT EXPERIENCES, INCLUDING
15 CELEBRITY CHEF DEMONSTRATIONS
10 CELEBRITY CHEF BOOK SIGNINGS
6 ANCILLARY TASTING EXPERIENCES
4 SILENT AUCTIONS
2 GRAND TASTINGS
2 CELEBRITY CHEF DINNERS
1 JAMES BEARD GOURMET LUNCHEON
1 SUNDAY BRUNCH
1 CELEBRITY CHEF RECEPTION
891+

STAFF, SPONSORS, AND TALENT
ANIMATED THE EVENT, INCLUDING:
325 VOLUNTEERS
300 STAFF
115 CULINARY STUDENTS
45 WINERIES
35 RESTAURANTS
27 SPONSORS AND PARTNERS
18 CELEBRITY & LOCAL CHEFS
16 VENDORS
7 SPIRIT BRANDS
3 CRAFT BREWERIES
$22,025

CUMULATIVELY RAISED FOR FIND FOOD BANK AND

THE JAMES BEARD FOUNDATION AS A RESULT OF

PALM DESERT FOOD & WINE ACTIVITIES

2023 PARTNER SUMMARY // PALM DESERT FOOD & WINE 2023 3

TESTIMONIALS
“The evening was fabulous. Setting was
beautiful, presenter was engaging, and fun!”
– Fredi Bensdorf (Chicago, Illinois)
“The space was great, food was awesome,
the chefs were very entertaining.

Overall, spectacular event!”
– Skip Hackney (St. Louis Park, Minnesota)
“Beautiful venue with great chefs and
vineyards/wineries. Sunny and 71 degrees
which was a nice change from the cold rainy
weather in San Clemente.”
– Ellen Oughton (San Clemente, California)
“It was amazing with diverse food and drink,
a lovely environment setup, and lots of
product to find out about!”
– Sheri Mersola (Burbank, California)
“This year’s restaurant selections
were excellent.”
– Stacia Young (Rancho Mirage, California)
“The restaurants brought great food items
to try. All the wines were wonderful. The
event flowed well and didn’t seem to
crowded. I also enjoy the cooking demos.”
– Suzanne Young (La Quinta, California)
“It was fabulous! Fantastic food and
wine, amazing and talented chefs, fun
demonstrations and tastings. It was
outstanding!”
– Lois Vanderhooft (Regina, Saskatchewan, Canada)
“Experience was great. Got to taste a
wide variety of wines we have not tried
before. Food o¢erings were phenomenal.

Appreciated having other options as well;
tequila, whiskey, dates, etc.”
– Marilyn Manfredi (Fairfield, California)
“From the directions while waiting in line
to the easy to navigate setup,
this was a very well organized event.

My wife and I had a great time and we are
already making plans for next year.”
– Chris Bonjour (Palm Sprngs, California)
“The was the absolute best event ever!
We have been coming for 10+ years.

This year seemed more organized
with plenty of food and wine.”
– Michael Harn (Rialto, California)
“Great vendors on the food
and wine side, amazingly well
coordinated event with lots to do.”
– Thomas Scala (Las Vegas, Nevada)
“The celebrity chef demonstrations were
great because they felt so intimate.”
– Gregg Scott (Palm Desert, California)

ATTENDANCE +

GEOGRAPHIC COMPOSITION

2023 PARTNER SUMMARY // PALM DESERT FOOD & WINE 2023 5

ATTENDANCE GROWTH
4,043

TOTAL ATTENDANCE

2023 PARTNER SUMMARY // PALM DESERT FOOD & WINE 2023 6

GEOGRAPHIC COMPOSITION
california (top four regions)
Greater Los Angeles 17%
Orange County 5%
San Diego County 3%
Northern California 5%
outside california
Northeast 2%
Midwest 10%
South 5%
West (excluding California) 14%
Canada 2%
OF
29%
2023 ATTENDEES

CAME TO THE AREA

SPECIFICALLY FOR
PALM DESERT FOOD & WINE 33%
67%
Out-of-Market
Coachella Valley

ATTENDEES FROM MANY
STATES INCLUDING:

ARIZONA

COLORADO

CONNECTICUT

FLORIDA

ILLINOIS

INDIANA
KANSAS

MARYLAND

MASSACHUSETTS

MICHIGAN

MINNESOTA

MISSOURI

NEBRASKA
NEVADA

NEW YORK

NORTH CAROLINA

NORTH DAKOTA
OHIO

OKLAHOMA
OREGON

PENNSYLVANIA

SOUTH DAKOTA

TENNESSEE
TEXAS
UTAH

WASHINGTON

WISCONSIN

DEMOGRAPHICS

2023 PARTNER SUMMARY // PALM DESERT FOOD & WINE 2023 8

DEMOGRAPHICS
AGE
10%
26–45
18%
46–55
41%
56–65
31%
66+

HOUSEHOLD INCOME
9%
$50k-$99k
12%
$100-$149k
14%
$150k-$199k
43%
$200k+

ECONOMIC IMPACT

2023 PARTNER SUMMARY // PALM DESERT FOOD & WINE 2023 10

ECONOMIC IMPACT
The economic impact to greater Palm Desert was $2,122,575 in 2023. 2011 2012 2013 2014 2015 2016 2017 2018 2019 2022 2023
$250,000 $287,500
$420,120
$739,655
$822,220 $806,050
$1,109,850
$1,882,500
$100 $100 $180 $245 $245 $245 $245 $375 $375 $402 $525
$2,415,000
$1,690,410
Source: Modernism Week 2023 Economic Impact ($525 per person) $2,122,575

MEDIA + MARKETING

PROMOTIONAL VALUE

2023 PARTNER SUMMARY // PALM DESERT FOOD & WINE 2023 12 MEDIA + MARKETING PROMOTIONAL VALUE
Palm Desert Food & Wine’s 2023 media and marketing coverage total value of $1,560,761 resulted in 161,659,348 impressions to expose and brand El Paseo as a premier Southern California shopping destination.

EDITORIAL AND

PUBLIC RELATIONS VALUE
(6,368,562 TOTAL IMPRESSIONS

ACROSS ALL CHANNELS)
$426,600

PRINT ADVERTISING VALUE
(166,551 TOTAL COPIES DISTRIBUTED
AND 1,463,861 TOTAL READERSHIP)
$135,462

PRINTED COLLATERAL VALUE
(42,963 UNITS PRINTED)
$92,125

SOCIAL MEDIA VALUE
(2,563,411 VIEWS / IMPRESSIONS)
$484,642

ONLINE ADVERTISING VALUE
(200,000 BANNER IMPRESSIONS /
2,906,320 NEWSLETTER IMPRESSIONS)
$315,632

TELEVISION ADVERTISING VALUE
(2,180 SPOTS /
140,943,540 AUDIENCE EXPOSURE)
$78,000

RADIO ADVERTISING VALUE
(432 SPOTS /
13,654 AUDIENCE EXPOSURE)
$10,800

DIGITAL BILLBOARD VALUE
(7,200,000 IMPRESSIONS)
$17,500

2023 PARTNER SUMMARY // PALM DESERT FOOD & WINE 2023 13

EDITORIAL AND PUBLIC RELATIONS

EDITORIAL AND

PUBLIC RELATIONS
VALUE
(6,368,562 TOTAL

IMPRESSIONS ACROSS

ALL CHANNELS)
$426,600
YAHOO.COM
KESQ
NBC

LA WEEKLY
LOCALE

COACHELLA VALLEY

INDEPENDENT

PALM SPRINGS LIFE

THE GUIDE
PALMSPRINGSLIFE.COM

2023 PARTNER SUMMARY // PALM DESERT FOOD & WINE 2023 14

PRINT ADVERTISING

PRINT ADVERTISING VALUE
(166,551 TOTAL COPIES
DISTRIBUTED AND 1,463,861

TOTAL READERSHIP)
$135,462

LOS ANGELES MAGAZINE

SAN DIEGO MAGAZINE

ORANGE COAST MAGAZINE

PALM SPRINGS LIFE ANNUAL ISSUE

PALM SPRINGS LIFE

THE GUIDE

PALM SPRINGS LIFE HOMES
HOME+DESIGN
TASTE

FOOD & WINE PROGRAM

2023 PARTNER SUMMARY // PALM DESERT FOOD & WINE 2023 15

PRINTED COLLATERAL

PRINTED COLLATERAL VALUE
(42,963 UNITS PRINTED)
$92,125

POSTERS

RACKCARDS

POSTCARDS

RECIPE CARDS

STREET SIGNS

ASSORTED BOOKLETS

2023 PARTNER SUMMARY // PALM DESERT FOOD & WINE 2023 16

SOCIAL MEDIA

SOCIAL MEDIA VALUE
(2,563,411 VIEWS /

IMPRESSIONS)
$484,642

2023 PARTNER SUMMARY // PALM DESERT FOOD & WINE 2023 17

ONLINE ADVERTISING

ONLINE ADVERTISING VALUE
(200,000 BANNER IMPRESSIONS /
2,906,320 NEWSLETTER IMPRESSIONS)
$315,632

2023 PARTNER SUMMARY // PALM DESERT FOOD & WINE 2023 18

TELEVISION, RADIO, AND DIGITAL BILLBOARD

TELEVISION ADVERTISING VALUE
(2,180 SPOTS /
140,943,540 AUDIENCE EXPOSURE)
$78,000

RADIO ADVERTISING VALUE
(432 SPOTS /
13,654 AUDIENCE EXPOSURE)
$10,800

DIGITAL BILLBOARD VALUE
(7,200,000 IMPRESSIONS)
$17,500
LOS ANGELES:
(10 billboards daily, rotating
within a 16 billboard system)

1. I-60 & 57

2. I-10 & 605

3. I-10 & Convention
Center Way

4. Sunset Blvd next to
Roxy Theatre

5. Santa Monica Blvd &
La Brea

6. 170 & Hollywood Blvd

7. I-5 & 710

8. 605 & Los Angeles St

9. 210 & S. Azusa Ave

10. I-60 & Fairway Drive

11. I-15 & 210

12. I-10 & Cherry Ave

13. I-15 & Milliken

14. I-5 & Scout Ave

15. 91 & Palisades Drive

16. 91 & Paseo Grande
SAN DIEGO:
(10 billboards daily, rotating
within a 14 billboard system)

1. I-8 & 95

2. I-8 & 1st Ave

3. I-15 & 52

4. I-5 & 52

5. I-15 & Miramar Road

6. I-5 & Sorrento

7. I-8 & Waring Road

8. I-8 & 805

9. I-5 & Garnett

10. 52 & Mission Gorge

11. 125 & Lake Murray

12. 125 & University Ave

13. I-15 & Adams

14. 163 & Friars

SURVEY RESULTS

2023 PARTNER SUMMARY // PALM DESERT FOOD & WINE 2023 20

SURVEY RESULTS
How many years have you been attending?
0% 10% 20% 30% 40% 50% 60%
1 Year (This was 52%
my first year)
2–3 Years
4–5 Years
6 or More Years
28%
12%
8%

2023 PARTNER SUMMARY // PALM DESERT FOOD & WINE 2023 21

SURVEY RESULTS
How did you learn about Palm Desert Food & Wine 2023?
(Please check all that apply)
0% 5% 10% 15% 20% 25% 30% 35% 40% 45%
Palm Springs Life Magazine 43%
Word of Mouth
Email Marketing
Social Media
Other*
Television
Newspaper
Orange Coast Magazine
Los Angeles Magazine
San Diego Magazine
Digital Display Ads
Billboard
Radio
Charity
24%
17%
12%
11%
7%
4%
3%
2%
1%
1%
1%
1%
1%
*Other Includes: Past Attendee, Google Search, & El Paseo Signage

2023 PARTNER SUMMARY // PALM DESERT FOOD & WINE 2023 22

SURVEY RESULTS
How would you rate your overall experience at this year’s event? 0% 10% 20% 30% 40% 50%
Excellent 43%
Very Good
Good
Fair
Poor
29%
19%
5%
4%

2023 PARTNER SUMMARY // PALM DESERT FOOD & WINE 2023 23

SURVEY RESULTS
How likely are you to attend Palm Desert Food & Wine in the future? 0% 10% 20% 30% 40% 50%
Definitely 45%
Very Likely
Likely
Unlikely
22%
17%
16%

2023 PARTNER SUMMARY // PALM DESERT FOOD & WINE 2023 24

SURVEY RESULTS
How likely are you to recommend Palm Desert Food & Wine to a friend, family member, or colleague?
0% 10% 20% 30% 40% 50% 60%
Definitely 54%
Very Likely
Likely
Neither Likely or Unlikely
Unlikely
11%
5%
9%
21%

2023 PARTNER SUMMARY // PALM DESERT FOOD & WINE 2023 25

SURVEY RESULTS
What additional activities would you like to see added to the event? (Please check all that apply)
0% 10% 20% 30% 40%
Cooking Classes 37%
Chef Competitions
Mixology Seminars
Food Trucks
Other*
15%
12%
12%
24%
*Other Includes: Wine Comparison Classes, Hands-on Cooking Classes, More Spirits Tastings & Live Music

2023 PARTNER SUMMARY // PALM DESERT FOOD & WINE 2023 26

SURVEY RESULTS
Did you stay overnight in the greater Palm Desert area? 0% 10% 20% 30% 40% 50% 60% 70% 80%
Yes 78%
No 22%

2023 PARTNER SUMMARY // PALM DESERT FOOD & WINE 2023 27

SURVEY RESULTS
How long was your visit to greater Palm Desert area?
0% 10% 20% 30% 40% 50% 60%
2 Weeks or More 50%
6–10 Days
2–5 Days
1 Day
9%
35%
6%

2023 PARTNER SUMMARY // PALM DESERT FOOD & WINE 2023 28

SURVEY RESULTS
Did you travel here specifically for Palm Desert Food & Wine? If you answered “Yes,” did you add days on either end to make your stay in the greater Palm Desert area longer?
0% 10% 20% 30% 40% 50% 60% 70%
Yes
No 63%
37%
0% 10% 20% 30% 40% 50% 60% 70%
Yes
No
29%
71%

2023 PARTNER SUMMARY // PALM DESERT FOOD & WINE 2023 29

SURVEY RESULTS
Did you fly to greater Palm Desert to attend Palm Desert Food & Wine? 0% 10% 20% 30% 40% 50% 60% 70% 80% 90%
Yes 16%
No 84%
Airlines Flown Include: Alaska Airlines, American Airlines, Avelo Airlines, Delta Airlines, JetBlue, Soutwest Airlines, United Airlines & WestJet

2023 PARTNER SUMMARY // PALM DESERT FOOD & WINE 2023 30

SURVEY RESULTS
Did you dine out during Palm Desert Food & Wine?
If you answered “Yes,” how many times did you dine out? 0% 10% 20% 30% 40% 50% 60% 70% 80%
Yes
No
75%
25%
1-3
4-5
6+
68%
12%
20%
0% 10% 20% 30% 40% 50% 60% 70% 80%

2023 PARTNER SUMMARY // PALM DESERT FOOD & WINE 2023 31

SURVEY RESULTS
Did you visit the El Paseo Shopping District during your stay? If you answered “Yes,” did you make any purchases?
0% 10% 20% 30% 40% 50% 60% 70% 80%
Yes
No
62%
38%
0% 10% 20% 30% 40% 50% 60% 70% 80%
Yes
No
75%
25%

2023 PARTNER SUMMARY // PALM DESERT FOOD & WINE 2023 32

SURVEY RESULTS
Do you plan to attend Palm Desert Food & Wine next year? (March 22–24, 2024)
0% 10% 20% 30% 40% 50% 60% 70% 80% 90%
Yes 80%
No 20%

SPONSORS

2023 PARTNER SUMMARY // PALM DESERT FOOD & WINE 2023 34

SPONSORS
chef sponsors
culinary sponsors
presenting sponsor
aldente sponsors
media sponsor
official airline sponsor sponsors and partners
welcoming sponsor
reserve sponsors

2 023PARTNER SUMMARY//PALM DESERT FOOD&WINE2023 Page 541 of 60135 Thank You!
Let Palm Desert Food & Wine work for you – call us today PHOTOGRAPHY // TIFFANY L. CLARK // JOSE CORONA // MOLLIE KIMBERLING // CAROLINE POLLY // A1 PARTY RENTALS 303 N. Indian Canyon Dr., Palm Springs, CA 92262 // palmspringslife.com

FRANK JONES
President and Publisher
Palm Springs Life
760-325-2333, ext 244
[email protected]
04/12/23

PAULINA LARSON
Marketing Director
Palm Springs Life
760-325-2333, ext 286
[email protected]

CONTRACT NO._____________

SPONSORSHIP AGREEMENT
This Sponsorship Agreement (“Agreement”) is entered into this 31st day of August 2023, by and between the City of Palm Desert (“City”), a California public entity, and Desert Publications, Inc., a California corporation dba Palm Springs Life, with its principal place of business at 303 North Indian Canyon Drive, Palm Springs, California 92262 ("Consultant").

The City and Consultant are sometimes collectively referred to in this Agreement as the “Parties” and individually referred to as “Party.” The Agreement is made in light of the following Recitals:

RECITALS
WHEREAS Consultant wishes to produce the events entitled Fashion Week El Paseo and the Palm Desert Food & Wine Festival.

WHEREAS the City desires to sponsor Fashion Week El Paseo and the Palm Desert Food & Wine Festival.

NOW, THEREFORE, in consideration of the mutual promises set forth herein, and in light of the above Recitals, which are hereby made a part of this Agreement, the Parties hereby agree as follows:

AGREEMENT

1. Term: The Term of this Agreement shall be a three-year sponsorship commencing on September 14, 2023, and continue until or upon completion of the events in 2026.

2. Responsibilities of the Parties:

2.1 Responsibilities of City:

2.1.1 The City shall sponsor Fashion Week El Paseo and the Palm Desert Food & Wine Festival.

2.1.2 The City shall post “No Parking” signs on the north side of Shadow Mountain Drive as for valet parking to be provided by Consultant.

2.1.3 The City shall waive all City issued permit and inspection fees associated with the events.

2.2 Responsibilities of Consultant:

2.2.1 Consultant shall produce all aspects of Fashion Week El Paseo and the Palm Desert Food & Wine Festival.

2.2.2 Consultant shall provide sponsorship benefits to the City, as outlined in Exhibit A.

3. Compensation:

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3.1 The City shall pay Consultant a total of Three Hundred Thousand Dollars and Zero Cents ($300,000.00) annually as outlined in Exhibit B. Payment shall be released upon final approval of insurance documents by the City.

4. Remedies and Termination:

4.1 Remedies: The Parties agree to provide each other with written notice of nonperformance, unsatisfactory performance, or any other dispute arising from the terms of this Agreement within ten (10) days of the deficiency or dispute being identified. The Parties shall have thirty (30) days from receipt of said written notice to correct any performance deficiencies. The Parties may mutually agree to extend the thirty (30) day cure period. The Parties agree to cooperate in good faith to resolve any performance issues or dispute arising from this Agreement. Either Party in its sole and absolute discretion may waive a default that cannot be cured.

4.2 Termination: In the event any dispute cannot be resolved under these procedures, each Party retains such legal and equitable remedies as it may have under the law to enforce this Agreement. If either Party defaults under this Agreement and does not timely cure such default, the non-defaulting Party may terminate this Agreement upon providing written notice of termination of this Agreement to the defaulting Party, in which case this Agreement shall terminate.

4.3 Termination without cause: Either Party may terminate this Agreement upon at least thirty (30) days prior written notice to the other Party. If Consultant terminates this Agreement, pursuant to this Section 4.3, the City shall be entitled to a pro rata refund of any prepaid amounts.

5. Insurance: Without limiting Consultant’s indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City.

5.1 General Liability Insurance: Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

5.2 Automobile Liability Insurance: Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement.

CONTRACT NO._____________

5.3 Workers’ Compensation Insurance: Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers.

5.4 Umbrella or Excess Liability Insurance: Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
(1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
(2) Pay on behalf of wording as opposed to reimbursement. (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies.

5.5 Liquor Liability Insurance: Vendor shall provide liquor liability insurance with a limit of no less than $1,000,000 per occurrence.

5.6 Aviation Liability Insurance: Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the ownership, maintenance or use of Unmanned Aerial Vehicles (UAVs) by Consultant’s officers, officials, employees, subcontractors, or volunteers. If an UAV is used as part of an event, aviation liability insurance shall be required on an “occurrence” basis, including property damage and bodily injury with limits no less than $1,000,000 per occurrence, and $2,000,000 in the aggregate. This coverage may also be provided by endorsement to a Commercial General Liability policy. City shall be named additional insured on the policy.

OTHER PROVISIONS OR REQUIREMENTS

5.7 Proof of Insurance: Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance.

Current certification of insurance shall be kept on file with City at all times during the

CONTRACT NO._____________

term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

5.8 Duration of Coverage: Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his/her agents, representatives, employees or subconsultants.

5.9 Primary/Non-Contributing: Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

5.10 City’s Rights of Enforcement: In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

5.11 Acceptable Insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

5.12Waiver of Subrogation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors.

5.13Enforcement of Contract Provisions (non estoppel): Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

5.14Requirements Not Limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.

CONTRACT NO._____________

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

5.15Notice of Cancellation: Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

5.16Additional Insured Status: General liability, automobile liability, and if applicable, liquor liability, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

5.17Prohibition of Undisclosed Coverage Limitations: None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

5.18Separation of Insureds: A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy (ies) shall not contain any cross-liability exclusions.

5.19Pass Through Clause: Consultant agrees to ensure that its sub-consultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.

5.20City’s Right to Revise Specifications: The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice.

5.21Self-Insured Retentions: Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated,

CONTRACT NO._____________

lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.

5.22Timely Notice of Claims: Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

5.23Additional Insurance: Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

5.24Safety: Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

6. Indemnification: To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s services or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

7. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services under this Agreement are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem

CONTRACT NO._____________

wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

8. Force Majeure: Any delay or failure in the performance by either Party hereunder shall be excused if and to the extent caused by occurrence of a Force Majeure Event.

A Force Majeure Event shall mean a cause or event that is beyond the reasonable control of the Party claiming a Force Majeure Event. Force Majeure Events include, but are not limited to, acts of God, fires, floods, rain, heavy wind, earthquake, explosions, riots, wars, sabotage, terrorism, vandalism, accident, restraint of government, governmental act, injunctions, destruction of site, pandemics, epidemics, and other like events. In the event City has advanced funds for the sponsorship to the extent not utilized directly for the event, any unused portion shall be returned.

9. Notices: Whenever it shall be necessary for either Party to serve notice on the other regarding this Agreement, such notice shall be served either in person, by certified mail, return receipt requested to the addresses below.

Consultant: Desert Publications, Inc., dba Palm Springs Life 303 N. Indian Canyon Drive
Palm Springs, CA 92262
ATTN: Paulina Larson, Marketing Director
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
Attn: Shelby Goodwin, Special Events Coordinator
Such notice shall be deemed made when personally delivered or when mailed, fortyeight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

10. Legal Costs: In the event of any legal action between the City and Consultant arising out of the obligations of the Parties pursuant to this agreement, the prevailing Party will be entitled to payment of its costs and expenses, including its reasonable attorneys' fees.

11. Binding Effect; Successors: Neither Party shall assign or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the other Party, which may be given in such Party's sole and absolute

CONTRACT NO._____________

discretion. Any attempt to do so shall be null and void, and any assignees or transferees shall acquire no right or interest by reason of such attempted assignment or transfer. This Agreement shall bind and inure to the benefit of the Parties and their respective heirs, legal representatives, successors and assigns and all of the Parties thereto shall be jointly and severally liable hereunder.

12. Counterparts: This Agreement may be executed in counterparts each of which shall be deemed an original and all of which together shall constitute one and the same instrument which shall be binding upon the Parties notwithstanding that the Parties may not be signatories to the same counterpart or counterparts. The Parties may integrate their respective counterparts by attaching the signature pages of each separate counterpart to a single counterpart.

13. Further Assurances: Whenever requested to do so by the other Party, each Party shall execute, acknowledge, and deliver any further conveyances, assignments, confirmations, satisfactions, releases, powers of attorney, instruments of further assurance, approvals, consents, and any documents that are necessary, expedient, or proper to complete anything contemplated by this Agreement. In addition, each Party shall do any other acts and execute, acknowledge, and deliver any requested documents in order to carry out the intent and purpose of this Agreement.

14. Modifications: All modifications to this Agreement must be in writing and signed by the Parties.

15. Third-Party Rights: Nothing in this Agreement, express or implied, is intended to confer upon any person, other than the Parties and their respective successors and assigns, any rights or remedies.

16. Governing Law; Choice of Venue: This Agreement shall be governed and construed in accordance with California law, including the Fair Political Practices Act of 1974.

Venue shall be Riverside County, California.

17. Severability: If any provision of this Agreement becomes or is declared by a court to be illegal, unenforceable or void, that clause will be omitted, and the remainder of the Agreement will continue in full force and effect. Such holding shall in no way affect the validity or enforceability of this Agreement.

18. Entire Agreement: This Agreement is the entire agreement between the Parties and supersedes any prior or contemporaneous representations, understandings, or agreements, whether written or oral.
[SIGNATURES ON NEXT PAGE]

CONTRACT NO._____________

SIGNATURE PAGE TO SPONSORSHIP AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT
AND DESERT PUBLICATIONS, INC., DBA PALM SPRINGS LIFE
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF PALM DESERT
By:

L. TODD HILEMAN

CITY MANAGER
ATTEST:

By:

ANTHONY J. MEJIA

CITY CLERK
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP

CITY ATTORNEY

PALM SPRINGS LIFE
By:

Its:

Printed Name:

By:

Its:

Printed Name:

QC: _____
Ins: _____ _____

CONTRACT NO._____________

EXHIBIT "A"

SCHEDULE OF SERVICES
Sponsorship Benefits
NAMING
• Palm Desert will be integrated into the event logo for Food & Wine. This is the most prominent branding position. Event name; Palm Desert Food & Wine. • El Paseo will be integrated into the event logo for Fashion Week. Event name; Fashion Week El Paseo.
• Palm Desert name and logo be listed in the list of sponsors for Fashion Week El Paseo and Palm Desert Food & Wine.

PR/MARKETING
• City of Palm Desert name include in all Public Relations efforts. • City of Palm Desert name/logo on print ads to start running now through March 2024.

These ads are to run in Palm Springs Life, The Guide, and other publication titles produced by Palm Springs Life
• City of Palm Desert name/logo on email marketing promotions going to event databases and Palm Springs Life's email opt in (100,000 opt ins) • City of Palm Desert name/logo on digital marketing promotions on palmspringslife.com and other media partners.
• City of Palm Desert name included on billboard campaigns targeted to the Southern California Drive Markets of San Diego, Los Angeles, and Orange County. • City of Palm Desert will be mentioned, and name/logo shown on approximately 1,600 television spots.
• City of Palm Desert will be mentioned on approximately 1,200 radio spots • Sponsor tagged on social media coverage posted on event social media pages and Palm Springs Life.
• Sponsor logo and link on event websites through 2024 event. • City of Palm Desert included in all talent PR/Marketing kits. Kits will instruct designers, models, celebrity chefs and other programming partners to mention, tag and promote the City of Palm Desert.
• Mayor letter in the Fashion Week program that is bound into 20,000 copies of March Palm Springs Life and an overrun of 10,000 copies distributed at Fashion Week El Paseo and at Palm Desert Food and Wine, visitors' centers, El Paseo merchants, and high traffic locations throughout the Coachella Valley. • Full Page Display ad in the Food & Wine program that is bound into 20,000 copies of March Palm Springs Life and an overrun of 10,000 copies distributed at Fashion Week El Paseo and at Palm Desert Food and Wine, visitors' centers, El Paseo merchants, and high traffic locations throughout the Coachella Valley.

ON-SITE
• City of Palm Desert welcome sign at the entrance Fashion Week El Paseo and Palm Desert Food & Wine. Sign to be produced and installed by Palm Springs Life. • City of Palm Desert logo in premium position on the step and repeat of Fashion

CONTRACT NO._____________

Week El Paseo and Palm Desert Food & Wine.
• City of Palm Desert logo on the sponsor signs at the entrance to the events. • City of Palm Desert 30 second video to play before every Fashion Show and Food & Wine events hosted in large tents.
• City of Palm Desert logo displayed on all video screens every day of Fashion Week El Paseo and Palm Dese1t Food & Wine.
• City of Palm Desert logo on all Fashion Week El Paseo and Palm Desert Food & Wine event programs distributed to all attendees.
• City of Palm Desert logo and name on the Schedule of Events brochures.

HOSPITALITY
• Ten (10) second row seats to Fashion Week El Paseo for each runway show with access to VIP lounge. Names must be provided for each show. • Eight (8) reserved seats to Fashion Week El Paseo for each runway show. • Four (4) reserved tickets to the James Beard Luncheon. • Ten (10) tickets to Saturday Grand Tasting with access to VIP lounge. • Ten (10) tickets to Sunday Grand Tasting with access to VlP lounge.

POST EVENT AND MORE
• City of Palm Desert recognized in a "Thank you to our sponsors" page for Fashion Week EL Paseo and Palm Desert Food & Wine in a select issue of Palm Springs Life. • City of Palm Desert will be recognized on social life coverage of event on palmsprinsglife.com.
• A complete recap of the event will be provided to you approximately 60 days after the event.

CONTRACT NO._____________

EXHIBIT "B"

COMPENSATION
Sponsorship payment of $300,000 shall be paid on before January 1, 2024, 2025, 2026.

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 14, 2023
PREPARED BY: Erica Powell, Management Analyst
REQUEST: APPOINTMENT OF LORI DAVIS AS THE PALM DESERT POET

LAUREATE
RECOMMENDATION:

Appoint Lori Davis as Palm Desert’s inaugural Poet Laureate.

BACKGROUND/ANALYSIS:

A City Poet Laureate is an honorary position and can uplift the artistic achievement of the City and local community through active participation in ceremonial, educational, and community activities. At its meeting on March 9, 2023, the City Council unanimously requested the creation of this ceremonial position and appointed Mayor Pro Tem Quintanilla and Councilmember Harnik to a subcommittee to provide staff with direction on a process for selection of a Poet Laureate.

On April 10, 2023, City staff met with the subcommittee to establish and agree upon the following:

Eligibility Requirements: Applicants were required to be Palm Desert residents for a minimum of at least one (1) year and remain a primary resident during the appointment period. Have a demonstrated connection and/or commitment to the literary community in Palm Desert. The applicants must have an understanding of the City’s culture and history with a strong interest in serving and being a representative of the City.

Term: will be one (1) year, beginning October 1, 2023, through September 30, 2024.

Duties:
- Create a City of Palm Desert poem
- Participation in the following City events:
 City’s 50th Anniversary Celebration on November 18, 2023  Veterans’ Day observed event, November 11, 2023
 State of the City, date TBD in 2024
 Independence Day Celebration, July 4, 2024
- Mentor a junior poet
- Propose and execute at least one (1) community outreach event Honorarium: Annual honorarium of $3,500, paid quarterly, and mileage reimbursement to and from events will be paid in addition to this honorarium. Invoices for these expenses must be submitted within thirty (30) days.

City of Palm Desert
Appointment of Poet Laureate

The Poet Laureate must follow a Code of Conduct and receive Ethics Training upon onboarding.

Creation of a Jury Panel: Members were to include writers, educators, librarians, advocates from the creative community, City Council member/s and Cultural Arts Committee member/s.

The jury was responsible for reviewing and selecting a Poet Laureate. The volunteer jury panel consisted of:
• Jack Ahrens, College of the Desert
• Tod Goldberg, UCR Palm Desert Center
• Liz Hauer, Chair of the Cultural Arts Committee
• Karen Kraut, McCallum Theatre Education Program
• Agam Patel, UCR Palm Desert Center
• Mayor Pro Tem Karina Quintanilla, City of Palm Desert • Joan Tyler, Interim Head Librarian, Palm Desert Library/County of Riverside On May 10, 2023, City staff released the Call for Nominations via press release and ongoing social media posts. Media included:
• PSTribune.com – May 10
• Gene Nichols Morning Show Interview with City staff, Alpha Media – May 11 • NBC Palm Springs - May 12
• Facebook - May 10, 12, 16 June 1, 26, 28
• Twitter - May 12, June 2, June 27
On June 30, 2023, after the Call for Nominations closed, the jury panel conducted a blind round review of the eight (8) applications received. The top three (3) applicants were invited to an inperson interview and performances with the jury panel at UCR Palm Desert Center on August 10, 2023. After careful consideration, the Jury Panel unanimously recommended the appointment of Lori Davis as Palm Desert’s Poet Laureate as she is well qualified to serve in this role and has met the eligibility requirements set forth by the subcommittee. Her resume is attached to this report, but highlights include:
 She is a long-time, 27-year resident of Palm Desert.
 She has an established her career as a writer and an English teacher.  She holds an MFA in Creative Writing and has been active in local poetry events.

Strategic Plan:

The creation of a Poet Laureate position contributes to the Arts and Culture Mini-Vision contained in the Strategic Plan, which states:
“Arts and culture give a community its soul. Palm Desert is the cultural core of the Coachella Valley. Cultural tourism drives economic growth in Palm Desert. The community is host to internationally recognized cultural events that bring significant economic benefits to the city.

Palm Desert is a leader in arts education, ensuring a well-rounded population that possesses high levels of creativity and critical thinking skills.”

City of Palm Desert
Appointment of Poet Laureate

FINANCIAL IMPACT:

The costs associated with appointing a Poet Laureate are an annual honorarium of $3,500 paid quarterly ($875/quarter) and mileage reimbursement submitted within thirty (30) days of travel.

Both the honorarium and mileage shall be in an amount not to exceed $5,000. Funds are available in the Public Art budget – Account No. 4364650-4309200.

ATTACHMENTS:

1. Call for Nominations 2023/24 Poet Laureate

2. Lori Davis’ Application

City of Palm Desert
Poet Laureate
Call for Nominations
(DEADLINE FOR ENTRIES – June 30, 2023)
STATEMENT OF PURPOSE:

The City of Palm Desert is accepting nominations for the position of Palm Desert Poet Laureate for the 2023-2024 term. The appointed Laureate shall:
• Uplift the artistic achievement of the City and local communities through active participation in ceremonial, educational, and/or community activities. • Raise awareness of the power and beauty of poetry.
• Provide access to poetry, spoken word and the literary arts within the City of Palm Desert.
• Encourage community members to develop their own creative interests.

ABOUT THE POSITION:

The Poet Laureate for the City of Palm Desert is an honorary position. The Laureate serves a one-year term from October 2023 – September 2024.

The City will award the Poet Laureate an annual honorarium of $3,500 to encompass all civic and official work performed or produced in the position. The Laureate may also be offered reimbursement of mileage expenses.

ELIGIBILITY:

Any organization or member of the Palm Desert community may nominate a poet, selfnominations are welcome.

Candidates must:
• Be at least 18 years of age.
• Be a resident of Palm Desert for at least one (1) year. • Be a primary Palm Desert resident during the appointment term. • Demonstrate publication of poems, via print or online platforms, including social media.
• Demonstrate a connection and/or commitment to the literary community. • Demonstrate excellence in promoting awareness or enjoyment of poetry by special awards, honors, or recognition.
• Understand and embrace the City’s culture and history with a strong interest in serving and being a representative of the City.
• Demonstrate the ability to engage audiences.
• Be able and willing to travel between locations around the city.

May 2023 – Poet Laureate
Call for Nominations

EXPECTATIONS:

In addition to the Statement of Purpose, the Poet Laureate shall be expected to perform the following duties:

Ceremonial:

The Poet Laureate will participate in at least five (5) civic functions, including but not limited to the following:
• Veterans Day observed event, November 11, 2023
• State of the City, date TBD in 2024
• Independence Day Celebration, July 4, 2024
Additionally, the Poet Laureate shall aim to create a City poem that will be read at the City of Palm Desert’s 50th Anniversary Celebration on November 18, 2023, and published on the City’s website.

Educational:

The Poet Laureate shall select and mentor a junior poet laureate from a Palm Desert local elementary, middle, or high school.

Community:

The Poet Laureate shall propose and execute at least one (1) community outreach event during their term, to make poetry available and accessible to people in their everyday lives.

Communication:

The Poet Laureate shall:
• Work with City staff to develop and produce online and social media communications.
• Provide regular updates to the Cultural Arts Committee, including where and when presentations take place.
• End of Term Summary: Summarize her/his impressions and experiences during their term as Poet Laureate (including workshops, readings, judging of competitions, publication, etc.) to help the City of Palm Desert improve, adjust or adapt the parameters of the position and/or the appointment process.

NOMINATION SUBMISSION MATERIALS:

Nominations should demonstrate the nominee’s artistic accomplishments, a history of community involvement, and a vision for the program during his/her term. Eligible candidates can be nominated for the position by submitting the following:

May 2023 – Poet Laureate
Call for Nominations

• A letter of nomination describing, in 500 words or less, why you feel you (or the person you are nominating) are the most appropriate candidate for the City of Palm Desert Poet Laureate.
• Three original works of poetry by the nominee.
• The nominee’s current resume or CV.
• A current list of publications and any teaching experience. • Any relevant social media handles and/or website.
• Poet Laureate candidate information including address, phone number, and email address. If nominating, please include your contact information.

REVIEW CRITERIA AND PROCESS:

Submissions are reviewed by the Poet Laureate Jury Panel. The Jury Panel will consist of the City Council Cultural Arts Committee Liaison, the Chair of the Cultural Arts Committee, a representative of the Palm Desert Public Library, a representative from the Creative Writing and Writing for the Performing Arts Committee at UCR Palm Desert Center, a member from the creative community, as well as a member of the English department at College of the Desert. The panel will select three top candidates based upon the following criteria:
• Artistic merit, including publication history.
• Quality of work/creative excellence, including aural facility. • Community commitment to cultural life and literary community. • Ability of effectively inspire and engage others.

The Poet Laureate shall be appointed by the Palm Desert City Council based upon the recommendation of the Poet Laureate Jury Panel.

TIMELINE:

The following dates represent the schedule that will be followed. The City reserves the right, at its sole discretion, to adjust this schedule, as it deems necessary.

May 8, 2023 Call for Submissions released
June 30, 2023 Deadline to apply.

July 2023 Review of applications
August 2023 Interviews for final candidates
September 14, 2023 Recommendation to City Council
September 2023 Contracting
October 2023 City Poet Laureate term begins
October 2024 City Poet Laureate term ends
Completed applications must be submitted by Friday, June 30, 2023, at 11:59 p.m. PST

May 2023 – Poet Laureate
Call for Nominations

Nominations may be submitted online (http://www.palmdesert.gov/connect/poet-laureate), by email to [email protected] or mailed to the address below. Materials will not be returned. Online applications are strongly encouraged.

City of Palm Desert
C/O Poet Laureate Jury Panel
Attn: Erica Powell
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
INFORMATION:

For more information, please contact Erica Powell, Management Analyst, at [email protected] or (760) 776-6346.

Gneiss Poetry Series | Palm Desert, California 2001 – 2007 Poetry Reading Series Host and Organizer
● Organized and hosted the monthly reading series featuring nationally known poets ● Provided local poets a venue to share their work in the open mic Palm Springs Desert Museum | Palm Springs, California 2004 – 2005 Poetry Reading Series Host and Organizer
Organized and hosted the monthly reading series featuring regional and nationally known poets Tools for Tomorrow | Coachella Valley, California 2002 – 2004 Curriculum Designer
● Developed creative writing curriculum for the after school arts program ● Served on the advisory committee and the board of directors ● Edited yearly writing and art anthology for multiple elementary schools ● Designed monthly newsletter

EDUCATION AND CERTIFICATIONS
University of California, Riverside - Palm Desert Center | Palm Desert, California 2012 Master of Fine Arts in Creative Writing - Poetry
Cross Genre: Creative Nonfiction
California State University, Long Beach | Long Beach, California 1985 Bachelor of Arts - Radio / Television / Film
Additional Art Courses:

Fundamentals of Art
Color Theory
Two-Dimensional Designs
Three-Dimensional Forms
Drawing / Life Drawing
Teaching Credential: Clear California Multiple Subject K - 12 | State of California State of California Commission on Teaching Credentialing ID Document #: 070326340
District Teacher Intern Program | Los Angeles Unified School District MBSR - Mindfulness Based Stress Reduction Certification | Mindful Leader - October 2022

ADDITIONAL EXPERIENCES
● Guest poet at University of California, Los Angeles Extension Classes ● Organized and hosted the Poetry Stage at the Palm Springs Book Festival in 2006 and 2007 ● Facilitated writing and poetry workshops and readings for The Braille Institute, Indio Senior Center, Coachella Valley Cultural Center & Museum, Palm Springs Art Museum, PEN America, and local events ● National poetry publications include: Salt Hill, Atlanta Review, Green Mountains Review, Laurel Review ● Studied poetry in Prague, Czech Republic and Inuit poetry in Ilulissat, Greenland ● Published Poetry Chapbook: White Dime, Caernarvon Press, San Diego ● Squaw Valley Community of Writers Poetry Workshop
● Yearly attendance at the Associated Writers Program (AWP) National Conference

Lori Davis, Poet - Acknowledgements
List of publications in which these poems, or versions of them, have appeared:

Atlanta Review (Atlanta, GA): “After the Diagnosis”
Cider Press Review (San Diego, CA): “White Dime”
Cimmarron Review (Oklahoma State University): “The Woodcutter” Cream City Review (University of Wisconsin): “Telling: Another Way of Saying,” “Dandelion,” “The Stranger Experiment”
Hayden’s Ferry Review (Arizona State University): “Caring For Your Spider Plant” Mosaic (University of Manitoba): “It Was the Earth’s Fault the House Caved” Salt Hill (Syracuse University): “Oceanography”
The Laurel Review (Missouri State University): “Trickle Irrigation System,” “User Assumes All Risk” Green Mountains Review (Northern Vermont University): “We Take Turns Telling Each Other What to Do” Inlandia Anthology (Heyday Books): “A Good Cry,” “Ambiance Report: 8:30 AM Off the I-10” Blue Arc West, California Poets (Tebot Bach): “On a Scale Between 1 and 10 (10 Being Best)” Poetry Chapbooks
Opals & Oranges, Gneiss Poetry Press, Palm Desert
White Dime, Caernarvon Press, San Diego

6/12/23, 1:18 PM Poet Laureate Application 2023
https://survey123.arcgis.com/surveys/1d15546bf1ef4733a6a4d750ba597420/data?objectIds=6&extent=-0.3042,-0.0483,0.1774,0.0483 2/2 Please provide an overview of publication history:

Commitment to the literary community:

In 2003, I selfishly started a poetry reading series and open mic event as a way to bring interesting writers to me when I moved here. We held the first events at La Gourmandise at the Gardens on El Paseo. Then moved to Augusta Restaurant's penthouse. Eventually, we landed at UC Riverside - PD campus. The events featured local and nationally known poets and were well attended (by most poetry standards). After hosting readings, book fairs, and teaching poetry workshops at many valley institutions and schools, I realized I had a developed a personal poetry mission statement: to create ways to get people to run toward poetry, instead of away! This is still actively my passion. My most recent series has been at Xavier Prep, 15 years running.

City culture and interest:

I have happily lived in Palm Desert for 27 years. I raised my two children and established my professional, creative, and academic life here. As a Southern California native, I have lived in and visited many beautiful places, but I have always felt a sense of home here in the desert. The snowy mountains surrounding us, the wide vistas, the enduring influence of the Cahuilla Indians, the deep afternoon shadows, and the warm evenings all contribute to a more meaningful and peaceful lifestyle. We have so much to enjoy in this area: beautiful parks, public art, higher education, sports, world class resorts, shopping and dining, theaters, etc. Our cultural offerings are always expanding! Championing poetry over the years has been my small attempt to add to the cultural richness of our city. I appreciate the way Palm Desert grows and changes. I like that more people are living here year round and taking advantage of the full community calendar. It's time for more poetry to be offered!
Lori Davis - Acknowledgements - Publications.pdf

79.5KB PDF

A Good Cry
Climate is what you expect, weather is what you get.

Robert Heinlein
Days like this are unlikely; unheard of, actually.

The dunes didn't dissolve because of record rains.

They muddied into a mobile spackle on purpose,
as varnish for a lackluster system. In the flood water, I see a formula where some might see a sky
floating by on its back or a puddle lit from underneath.

The arroyos are unabridged; this storm is incomplete.

The wash will soon be full of monkey flowers
and sand bells. A flute of Russian thistle.

Each seed has a long climb inside it
and rainbows are not as portable as they appear.

The barrel cactus is finished fasting inside itself,
overwhelmed by the slant of unending rain,
the abundance, this staggering convenience.

Lori Davis

Alt Whitman
I've been the clown. And I've been his washcloth.

I've been the botched opera. And I've been likewise ungovernable...

Revive my words and I will spill the unedited details you crave. Except for a flyswatter, you won't need a weapon...

Hallelujah for jet propulsion.

Hallelujah for a jigsaw puzzle’s perimeter
Hallelujah for the manufacturer of trash compactors.

My house is built in mid-century hollow Easter Bunny architecture. Why did only one branch of the ocotillo green this season? Twenty others stand brittle, bare.

These trees are full of birds I can't begin to name, and still, I am content being the least indigenous thing in this landscape...

Let's make a bet: which cloud is about to open up and bathe the birds? ...not the one shaped like a scythe,
...not the gray one either...it’s only wind-smeared smoke.

My house is all dead bolts and peep holes and every poem is an ice-filled blister.

Blue, brown, green…the palette of our globe minus every blooming rose declaring its existence.

For the moment…but not for very long, every dish I own is clean.

Telling: Another Way of Saying
Every time a man unburdens his heart to a stranger...

Germaine Greer
What I suggested: Let's go over God and the universe one more time.

What I meant to say: Undercurrents are the fluid part of the same conclusion.

What I almost forgot to say: Air has no landmarks to prove we passed this way.

What you reassured me: From the sky we look down into the face of our lives.

What you admitted: I am a long distance swimmer in that river.

What I heard you say: I want to be the longest distance you've ever traveled.

What I think I told you: You feel like the part of a river that remains unfrozen.

What you heard me say: Don't be afraid. Where we are going, there is no water, only everlasting ice.

What we didn't say: Everything seems to describe the need to.

What you said instead: Every emergency exit has two reasons.

What I think you meant: Unlocked, I understand your math.

We Take Turns Telling Each Other
What To Do
you told me to find a cedar tree
and touch it
I said find a dandelion
and sleep with it as intact as possible under your pillow tonight you know I will search for the cedar tree
it takes on importance
then you said find a forest fire
and touch it
this is the engrossing part of us
you know I will feel like touching it
I said grow your beard
because I think you had one the day we met
you said go find the day we met
and don’t touch it

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 14, 2023
PREPARED BY: John Ramont, Deputy Finance Director
REQUEST: APPROPRIATE FUNDS FOR EMERGENCY EXPENDITURES
INCURRED DURING THE AUGUST 2023 WEATHER EVENT
RECOMMENDATION:

1. Receive and file the report of expenditures to date related to the August 2023 weather event.

2. Appropriate funds in the amount of $1,765,000 from committed general fund balance allocated to emergency reserves to the emergency expenditure account (1104159-4219100) to cover expenditures incurred during the August 2023 weather event.

3. Authorize the City Manager to transfer funds from the emergency expenditure account to other expenditure accounts as appropriate.

BACKGROUND/ANALYSIS:

The August 2023 weather event required the immediate assistance of various vendors during and after the event. Under the direction of the City Manager, staff took immediate action to procure needed services to protect life and property as authorized by the emergency declaration.

Due to the unanticipated nature of the emergency, funds were not appropriated in the current budget. This action will provide appropriations to cover the immediate need to pay vendors in a timely manner. The following is a list of vendors who provided various supplies and services in support of emergency operations, as well as an estimate of costs that are expected to be incurred as a result of the response to the weather event.

Vendor Service Estimated Expenditures
Burrtec Debris Removal $ 15,000
CalSense Irrigation Equipment $ 50,000
CalStripe Lane Line Cleanup $ 100,000
Conserve Landcare Median and Parks Cleanup $ 100,000
CTI - Cindy Trump Inc. Street Sweeping $ 75,000
CV Pipeline Water Pumping $ 15,000
Granite Construction Mud & Debris Removal $ 350,000
Haaker Equipment Equipment Rental $ 100,000
Horizon Professional Median and Parks Cleanup $ 25,000
Houston & Harris Water Pumping $ 50,000
JTB Supply Traffic Signage $ 5,000
Mariposa Landscapes Median and Parks Cleanup $ 100,000
Martin Sweeping Street Sweeping $ 15,000
Palmer Electric Electrical Service at Parks $ 15,000

City of Palm Desert
Appropriation Request for August 2023 Weather Event Related Expenditures

Sunset Rentals Equipment Rental $ 50,000
Tri-Star Contracting Road and Parks Debris Removal $ 100,000 Vintage Associates Parks and Landscape $ 200,000
West Coast Arborists Tree Removal $ 250,000
Willcorp Mud & Debris Removal $ 150,000
Total Appropriation
Request $ 1,765,000
The above amounts are estimates of work performed and pending, therefore, the amounts are not limited to each contractor and will only be expended to the extent necessary. In addition, staff will continue to pursue any available reimbursements through insurance, the California Disaster Assistance funds, or any other funding that may be available.

Legal Review:

This report has been reviewed by the City Attorney’s office.

FINANCIAL IMPACT:

The fiscal impact to the general fund is not expected to exceed the requested appropriation.

Some expenses are expected to be mitigated through available reimbursements.

ATTACHMENT:

Report of invoices received to date for weather event related expenditures

Vendor Service
Estimated
Expenditures
Invoiced as of
9/6/2023
Burrtec Debris Removal $15,000 $10,000
CalSense Irrigation Equipment $50,000 $0
CalStripe Lane Line Cleanup $100,000 $23,000
Conserve Landscape Median and Parks Cleanup $100,000 $50,000 CTI - Cindy Trump Inc Street Sweeping $75,000 $50,000
CV Pipeline Water Pumping $15,000 $5,000
Granite Construction Mud & Debris Removal $350,000 $175,000 Haaker Equipment Equipment Rental $100,000 $50,000
Horizon Professional Median and Parks Cleanup $25,000 $25,000 Houston & Harris Water Pumping $50,000 $25,000
JTB Supply Traffic Signage $5,000 $5,000
Mariposa Landscapes Median and Parks Cleanup $100,000 $50,000 Martin Sweeping Street Sweeping $15,000 $10,000
Palmer Electric Electrical Service at Parks $15,000 $12,750 Sunset Rentals Equipment Rental $50,000 $35,000
Tri-Star Contracting Road and Parks Debris Removal $100,000 $50,000 Vintage Associates Parks and Landscape $200,000 $75,000 West Coast Arborists Tree Removal $250,000 $75,000
Willcorp Mud & Debris Removal $150,000 $55,000
Total $1,765,000 $780,750
City of Palm Desert
Finance Department
Report of Expenditures for August 2023 Weather Event Disaster Response Expenditures Invoiced Through September 6, 2023

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 14, 2023
PREPARED BY: Shawn Muir, Community Services Manager, Public Works Liberty Urban, Deputy Director of Finance
REQUEST: RESOLUTION TO APPROVE FEE INCREASE FOR THE PALM DESERT

AQUATIC CENTER
RECOMMENDATION:

1. Hold a public hearing on the matter of approving a one-time increase of admissions fees to the Palm Desert Aquatic Center based on Year 1 of the proposed five-year fee increase plan.

2. Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM DESERT, CALIFORNIA, INCREASING CERTAIN ENTRY FEES FOR THE PALM DESERT AQUATIC CENTER AND TAKING OTHER ACTIONS THEREIN.” BACKGROUND/ANALYSIS:

The Palm Desert Aquatic Center (PDAC) was opened as a new recreational amenity for the community in 2011. At that time, entry fees were established by Resolution No. 2011-32 (Attachment 1), and a 60% cost recovery goal was set. Due to rising operational costs, cost recovery is now down to approximately 35%. This, combined with the financial impact of planned future capital improvement projects, prompted a fee analysis to ensure the PDAC continues on a sustainable path forward.

Staff first reviewed this information with the Parks and Recreation Committee at their meetings in August 2022 and February 2023. Some considerations given by the Committee were the benefits that new attractions would bring to the PDAC and a program for low-income residents should the fees be increased. A presentation was given to the City Council during a Study Session on March 23, 2023. At that meeting, Staff was asked to gather additional data about other aquatic centers in the region for comparison on fees, cost recovery, operator and staffing, amenities, size, and other such factors. In addition, information was requested about PDAC users to better understand who uses the pool, what activities they are most interested in, and how to best serve the community moving forward. Other important points to consider included the ancillary benefits of non-resident use of the facility and the need to reserve funds for maintenance and improvements in the future.

Staff continued collecting the requested information and developed a plan to gradually increase the cost recovery at the PDAC over 5 years to come closer to the 60% cost recovery goal, with the least amount of impact to PDAC patrons. The plan provides for fee increases to day passes ranging from $1-$3 annually, depending on the pass type. The options for a 25-Punch Card pass, 3-Month Unlimited pass, and Annual Unlimited pass were also adjusted accordingly, and will continue to provide cost savings for both residents and non-residents who wish to attend the facility more frequently.

City of Palm Desert
(Approve Fee Increase for Palm Desert Aquatic Center)

To alleviate any financial burden on low-income households, the City will offer a program for reduced entry fees. Under the program, residents of any of the nine cities in the Coachella Valley may present their utility bill showing that they qualify for a reduced fee program. These programs include Southern California Edison FERA or CARE, Imperial Irrigation District REAP, Coachella Valley Water District or Desert Water Agency (through United Way of the Desert), or Southern California Gas Company CARE programs.

Staff propose to increase the PDAC fees according to Year 1 of the 5-Year plan and reassess the impact at the end of the summer recreational swim season in August 2024. This will allow Staff to determine the affect that the increase has had on attendance of residents and nonresidents at the PDAC. Staff would seek input from the Parks and Recreation Committee and City Council in Fall 2024 to determine whether the City will move forward with Year 2 of the plan, or make adjustments based on the outcome. Below is a timeline illustrating this plan:

To increase the PDAC fees the City Council is required to hold a noticed public hearing pursuant to California Government Code section 66018. Notice was published twice in a newspaper of general circulation at least ten (10) days prior to today’s public hearing with at least five (5) days intervening between each publication. The notice provided the date, time, and location of this evening’s public hearing.

At the public hearing, the City Council will hear all oral and written presentations regarding the PDAC fees from the public. Staff has prepared an estimate of the costs establishing the proposed PDAC fees and determined the fees do not exceed the reasonable estimate of costs to maintain and provide the PDAC facilities and services.

City of Palm Desert
(Approve Fee Increase for Palm Desert Aquatic Center)

The City Council may decide to establish fees at a lower rate should the public interest and welfare be served. If adopted, the fees attached in Exhibit A will be effective January 1, 2024, and all previous PDAC fees referenced in the attached exhibit will be superseded. The adoption of these fees does not impact any other City fee, charge, or rates previously adopted by the City Council.

Committee Recommendation:

At the June 6, 2023, Parks and Recreation Committee meeting, Staff provided a presentation on the proposed 5-year cost increase plan. The plan included the annual increases, plus the implementation of a financial assistance program that the PDAC operator would implement for low-income individuals in the community. The financial assistance program is based on existing programs in place with electric, water, and gas companies in the Coachella Valley. A PDAC visitor requesting financial assistance would only need to bring a current bill showing their participation in one of these programs to qualify. If qualified, their group would be charged for facility use based on the previous fee structure and would not be subject to the proposed increase. The Committee voted unanimously to allow for the implementation of Year 1 of the 5- year plan, with a reassessment of the program during the fall of 2024 to determine whether Year 2 would move forward.

FINANCIAL IMPACT:

Adopting the proposed fee increase is estimated to generate approximately $158,000 in additional revenue to support PDAC activities in the first year of implementation. This increase in revenue should reduce the annual General Fund subsidy transferred to PDAC to support operations.

City of Palm Desert
(Approve Fee Increase for Palm Desert Aquatic Center)

Because PDAC fees are not structured to achieve full cost recovery, the General Fund must make a contribution to subsidize the activities of the PDAC each year. The chart below shows how the amount of General Fund contribution has steadily increased over the last several years, and how the cost recovery percentage has decreased. If fees remain unchanged, it is anticipated that the PDAC deficit will continue to grow and require larger subsidies from the General Fund in future years due to rising operational costs and increased capital expenditures.

Fiscal Year General Fund Subsidy Cost Recovery %
14/15 $503,641 63%
15/16 $683,341 56%
16/17 $613,833 59%
17/18 $657,877 59%
18/19 $709,937 58%
19/20 $794,884 40%
20/21 $1,026,000 26%
21/22 $1,400,500 33%
22/23 $1,805,294 32%
(budgeted) (estimated)
ATTACHMENTS:

1. Resolution No. 2011-32

2. Resolution and Exhibit A - PDAC Fee Schedule (2024)

RESOLUTION NO. 2011- 32

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, ESTABLISHING ENTRY FEES FOR THE PALM

DESERT AQUATIC CENTER
WHEREAS, the City Council of the City of Palm Desert, California, did on the 12th day of May 2011, did consider a request by the CITY OF PALM DESERT for approval to establish entry fees, as identified on Exhibit "A" for the Palm Desert Aquatic Center; and
WHEREAS, said City Council did find the following facts and reasons to exist to approve said request:

1. The City has studied similar facilities in the region and found the proposed fees to be in line with market prices. The proposed fees balance the desires of the City to reach a 60 percent cost recovery and the need to provide affordable recreational swimming opportunities.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows:

1. That the above recitations are true and correct and constitute the findings of the City Council in this case.

2. That the City Council does hereby establish fees as identified on Exhibit A" of this resolution.

PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 12th day of May 2011, by the following vote, to wit:

AYES: HARNIR, KROONEN, SPIEGEL, and BENSON
NOES: FINERTY
ABSENT: NONE
ABSTAIN: NONE
i
JET M. BENSOfy, AYOR
ATTEST:
1111111P'
aims -
RA ELLE D. KISS CITY CLIZTZFCC

CITY OF PALM DESERT, CALIFORNIA

RESOLUTION NO. 2011- 32
EXHIBIT " A"
Fees for the Palm Desert Aquatics Center
Category
Junior (2 to 5)
Youth/ Senior ( 6 to 12 & 60+)
Adult ( 13 to 59)
Youth Punch Card 25 Visits
Adult Punch Card 25 Visits
Youth 3- Month Pass
Adult 3- Month Pass
Youth Annual Pass
Adult Annual Pass
Resident/
Property Owner*

2. 50

3. 00

4. 00

65. 00

94. 00
110. 00
150. 00
420. 00
550. 00
Non -Resident

3. 75

4. 50

6. 00

98. 00
142. 00
165. 00
225. 00
630. 00
825. 00
All program fees, group rates, rental fees, lane rental fees, facility rentals, concessions fees and other fees not listed shall be determined by the contract operator.

City of Palm Desert Employees shall be granted the rates of Resident/Property Owner for appropriate age category.

RESOLUTION NO. 23-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PALM DESERT, CALIFORNIA, INCREASING

CERTAIN ENTRY FEES FOR THE PALM DESERT

AQUATIC CENTER AND TAKING OTHER ACTIONS

THEREIN
WHEREAS, the City of Palm Desert (“City”) City Council established entry fees for the Palm Desert Aquatic Center (“PDAC”) on May 12, 2011; and WHEREAS, the City had engaged Ballard King & Associates, LTD to conduct a study entitled Aquatic Center Operations Study (the “Study”) to establish the original PDAC rates; and
WHEREAS, the Study established a City goal of 60% cost recovery in order to ensure entry fees were set at an affordable level for the benefit all City residents; and WHEREAS, due to escalating costs that have occurred since 2011, the date the original fees were implemented, actual cost recovery has been closer to approximately 35% of City costs to operate the facility; and WHEREAS, the City elected not to implement the annual increases established in the Study at that time and instead chose to keep fees at the initial rate subsidizing the costs for public benefit; and
WHEREAS, the City has not increased its PDAC fees since they were established and the City now desires to increase the PDAC fees to ensure such fees are adequately recovering City costs of operating and maintaining the PDAC facilities and services provided; and
WHEREAS, the City has complied with the procedural requirements pursuant to California Government Code, section 66018 which requires the City to hold a noticed public hearing as part of a regularly scheduled meeting, at which oral and written presentations regarding the PDAC fees may be made; and WHEREAS, notice for the public hearing notified all interested persons the public hearing will take place at 4:00pm on September 14, 2023 at the Civic Center Council Chambers located at 73510 Fred Waring Drive, Palm Desert, CA 92260 and said notice was provided pursuant to Government Code, section 6062a which requires at least ten (10) days’ notice prior to the date of the public hearing published twice with at least five (5) days intervening between each publication; and WHEREAS, the City has prepared an estimate of the costs establishing the proposed PDAC fees and such fees do not exceed the reasonable estimate of costs to maintain and provide the PDAC facilities and services; and

Resolution No. 23-____
Palm Desert Aquatic Center Fees
2 WHEREAS, the City Council now desires to adopt the 2023 PDAC fees.

NOW, THEREFORE, BE IT RESOLVED by the City of Palm Desert, California City Council as follows:

SECTION 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Findings. The City Council finds the following:

1. Notice of the public hearing was published twice with at least five (5) days intervening between each publication on _________, 2023, with a second notice published on _________, 2023 the first date being at least ten (10) days prior to the date of the public hearing.

2. The duly noticed public hearing was held and all oral and written presentations regarding the PDAC fees was heard and considered.

3. The PDAC fees do not exceed the estimated reasonable costs of maintaining and operating the PDAC facilities and services.

4. The City Council retains the right to establish fees at a lower rate should the public interest and welfare be served.

SECTION 3. Approval. The City Council adopts the PDAC fees, as identified in the attached Exhibit “A” and incorporated herein by this reference and the City Council now directs City staff to implement the fees to be effective January 1, 2024. All previous PDAC fees in effect as of January 1, 2024 are to be superseded and replaced.

SECTION 4. Applicability. This Resolution relates only to the adoption of the PDAC fees and does not affect any other City fee, charge, or rates previously adopted by the City Council.

SECTION 5. CEQA. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect

Resolution No. 23-____
Palm Desert Aquatic Center Fees
3 other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 7. Effective Date. This Resolution shall become effective immediately following its adoption.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Palm Desert, California City Council, held on this ___ day of _________ 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
Kathleen Kelly
Mayor
APPROVED AS TO FORM: ATTEST:
________________________ ________________________
Robert Hargreaves Anthony J. Mejia, MMC
City Attorney City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.

CITY OF PALM DESERT )
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, DO HEREBY CERTIFY that the foregoing Resolution No. 23-__ was duly adopted by the City Council of the City of Palm Desert at a regular meeting held on the ___ day of ____________, 2023 by the following vote of the Council:

AYES:

NOES:

ABSENT:
(SEAL)
_________________________
ANTHONY J. MEJIA, MMC

CITY CLERK

EXHIBIT “A”

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 14, 2023
PREPARED BY: Anthony J. Mejia, City Clerk
REQUEST: PALM DESERT REDISTRICTING 2023 – PUBLIC HEARING #1 TO RECEIVE

INPUT FROM THE COMMUNITY REGARDING THE REDRAWING OF

ELECTION DISTRICT BOUNDARIES
RECOMMENDATION:

1. Receive and file a report on the redistricting process and permissible criteria to be considered to redraw district boundaries.

2. Conduct a public hearing to receive public input on district boundaries.

BACKGROUND/ANALYSIS:

On June 22, 2023, the City Council unanimously directed staff to take the necessary steps to transition to five single-member districts prior to the November 2024 Election and to eliminate use of Ranked Choice Voting in future elections. On August 24, 2023, the City Council adopted the Redistricting Public Education and Outreach Plan.

The City is initiating a redistricting process to shift from the current two-district system to a new five-district system. The redistricting process will determine where the new City Council district lines will be drawn. The new districts will impact how voters elect City Council Members until the next redistricting process following the 2030 Census. The districts must be drawn using the 2020 census data and in compliance with the FAIR MAPS Act, which was adopted by the California legislature as Assembly Bill 849 and took effect January 1, 2020.

Under the Act, the City Council shall draw and adopt boundaries using the following criteria in the listed order of priority (Elections Code 21621(c)):

1. Comply with the federal requirements of equal population and the Voting Rights Act;

2. Geographically contiguous;

3. Undivided neighborhoods and “communities of interest” (socio-economic geographic areas that should be kept together);

4. Easily identifiable boundaries;

5. Geographical compactness (do not bypass one group of people to get to a more distant group of people); and

6. Shall not favor or discriminate against a political party.

Once the prioritized criteria are met, other traditional districting principles can be considered, such as:

1. Respect voters’ choices / continuity in office; and

2. Future population growth.

City of Palm Desert
Public Hearing #1 – Palm Desert Redistricting 2023

The purpose of this public hearing is to inform the public about the districting process and to hear from the community on what factors should be taken into consideration while creating district boundaries. The public is requested to provide input regarding communities of interest and other local factors that should be considered while drafting district maps. A community of interest under Elections Code Section 21621(c) is “a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation.”
Possible features defining community of interest might include, but are not limited to:

1. School attendance areas;

2. Natural dividing lines such as major roads, hills, or highways;

3. Areas around parks and other neighborhood landmarks;

4. Common issues, neighborhood activities, or legislative/election concerns; and

5. Shared demographic characteristics, such as:
a) Similar levels of income, education, or linguistic insolation; b) Languages spoken at home; and
c) Single-family and multi-family housing unit areas.

Public Participation
The public in encouraged to participate and provide input at the community workshops and public hearings. The public may provide input during the public comment period of these meetings or by contacting the City Clerk’s Office via email or phone:

City of Palm Desert
Attn: Anthony Mejia, City Clerk
73-510 Fred Waring Drive
Palm Desert, CA 92260
[email protected]
(760) 346-0611
The public may also subscribe to a mailing list to stay informed about upcoming redistricting meetings by contacting the City Clerk’s Office as noted above.

The online map drawing system and paper map kits are available early and can be accessed at https://redistrictpd.org/ under the “draw a map” tab. Map drawing workshops will be held on October 4 and 16 in which the City’s demographer will demonstrate the online mapping tool and answer questions. The deadline to submit a map for City Council consideration is Wednesday, November 1, 2023. All submitted maps will be evaluated and presented to the City Council at its meeting on November 16, 2023.

Additionally, City staff is available to present on the redistricting process and how to participate at any interested civic or community group meetings. Please contact the City Clerk’s Office to schedule a presentation.

City of Palm Desert
Public Hearing #1 – Palm Desert Redistricting 2023

Community Workshop #1
On September 6, 2023, at 6 p.m., the City conducted a Redistricting Community Workshop at the Palm Desert City Hall, Administrative Conference Room, and via Zoom. City staff facilitated a brief presentation and a robust question-and-answer period. However, no attendees desired to offer public comment. The workshop video was posted to the redistricting website, under the schedule tab: https://redistrictpd.org/
Next Steps
On September 28, 2023, the City Council will conduct Public Hearing #2 to seek additional public input and provide direction on criteria to be considered while drafting district maps. Following that hearing, early draft maps will be posted to the redistricting website and available at City Hall.

The dates for all community workshops, map drawing workshops, and public hearings are available at https://redistrictpd.org/
Sequencing of Elections: Prior to adoption of a final map, the City’s demographer will propose the sequencing of elections. The demographer and City Council must take into consideration public testimony related to the sequencing of elections including whether a particular area has a history of being under-represented and should be assigned a 2024 election cycle. Secondarily, it is standard practice to match the district election years to the year of the resident officeholder.

The sequencing of elections will not result in a shortened term for any officeholder.

Legal Review:

This report has been reviewed by William Priest and the City Attorney’s Office.

FINANCIAL IMPACT:

There is no fiscal impact associated with the conduct of this public hearing.

ATTACHMENT:

PowerPoint Presentation

Palm Desert Redistricting 2023
Public Hearing #1
September 14, 2023

Background
On June 22, 2023, the City Council unanimously directed staff to take the necessary steps to transition to five single-member districts prior to the November 2024
Election.

On August 24, 2023, the City Council unanimously
adopted the Redistricting Public Education and
Outreach Plan
Public Education & Outreach Plan
Direction to Transition to Five DIstricts

Purpose of this Public Hearing
To inform the public about the redistricting process and to hear from the community on what factors should be taken into consideration while creating district maps.

The public is requested to provide input regarding communities of interest and other local factors to be considered while drafting district maps.

E
xisting
Two-District
Map

1. Federal Laws
Equal Population
Federal Voting Rights Act
No Racial Gerrymandering

2. California Criteria
(in priority order):

1. Geographically contiguous

2. Minimize division of neighborhoods
and "communities of interest" (Socioeconomic geographic areas that should be kept together)

3. Easily identifiable boundaries

4. Compact (Do not bypass one group of
people to get to a more distant group of
people)
Prohibited: "Shall not favor or discriminate
against a political party."

1. Federal Laws 3. Other Traditional
Redistricting Principles
Respect voters'choice / avoid
unnecessary pairing of incumbents
Future Population Growth
District Map Drawing Criteria
Source: NDC

Communities of Interest
Natural dividing lines such as
major roads, hills, and highways
Areas around parks and other
neighborhood landmarks
Common issues, neighorhood
activities, or legislative/election
concerns
Shared demographic
information, such as:

School attendance areas
Possible features defining communities of interest might include, but are not limited to:

Similar levels of income, education, or
linguistic isolation
Languages spoken at home
Single-family and multi-family housing
unit areas

Public Participation
Provide input at an upcoming community workshops or public hearing.

Spanish and ASL Interpreters will be available at all workshops.

Spanish and ASL Interpreters available upon request for public hearings.

Submit written comments in-person or via email.

Subscribe for email updates about upcoming meetings.

Submit a draft map(s) by Nov. 1 for City Council consideration.

Request a presentation at a civic or community group meeting.

City of Palm Desert
Attn: Anthony Mejia, City Clerk
73-510 Fred Waring Drive
Palm Desert, CA 92260
[email protected]
(760) 346-0611

Upcoming Meetings & Important Dates
September 28, at 4:30 pm: Public Hearing to hear public input on factors to be considered while drafting maps.

October 4 and 16, at 5 pm: Map Drawing Workshops
November 1: Deadline to submit maps
November 16, at 4:30 pm: Public Hearing for presentation of all maps and request that the City Council select “focus maps” For the full schedule, visit:
https://redistrictpd.org/
DEADLINE: November 1st to
submit a draft map for City
Council consideration.

RECOMMENDATION
Conduct the public hearing to receive public input on district boundaries.

Receive and file a report on the redistricting process and permissible criteria to be considered to redraw district boundaries.

For questions or to schedule a presentation for your community group, please contact:

Anthony Mejia, City Clerk
[email protected]
(760) 346-0611
https://redistrictpd.org/