Agenda packet — Palm Desert City Council, October 12, 2023 (part 3 of 4)

if the residence is offered for sale within one year after the date of completion of the same.
“Person” means any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, receiver, syndicate or other group or combination acting as a unit and includes the plural as well as the singular number. “Sworn statement” is an affidavit or a declaration or certification made under penalty of perjury.
“Tax administrator” means the director of finance or that person’s designee.

5.04.020 Administration.

A. General administration.

1. Unless otherwise provided, the tax administrator shall administer and enforce this ordinance. The tax administrator shall examine each place of business in the city to determine whether this title is being complied with.

2. The tax administrator may file complaints and make arrests for any violation of this ordinance; and enter free of charge during regular business hours any place of business for which a license or permit is required and demand the exhibition of the license or permit.

3. The tax administrator may extend the time for filing information, compromise disputed claims as to license tax, create and adopt forms, and adopt administrative regulations necessary to carry out the provisions of this title.

B. Confidentiality. The tax administrator and each representative of the city having an administrative duty shall keep confidential all information concerning the business affairs and operations obtained by an investigation of records in the discharge of official duty and the amount and source of income, profits, losses, expenditures set forth in any statement or application. However, this section does not prevent disclosure:

1. Of examination of records and equipment used by another city official, employee or agent for collection of taxes for the sole purpose of administering or enforcing any provisions of this chapter or collecting taxes imposed under this title;

2. Of information to, or the examination of records by federal or state officials, or the tax officials of any city or county or the tax officials of the city, and its auditors if a reciprocal arrangement exists or to a grand jury or a court of law, upon subpoena;

3. Of information and results of examination of records of particular taxpayers to a court of law in a proceeding brought to determine the existence or amount of any business tax liability to the city.

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4. To the taxpayer or the taxpayer’s successor, administrator, assignee, or guarantor, if directly interested, of information as to the items included in the measure of the paid tax, unpaid tax or amount of tax required to be collected, interest and penalties.

However, the city attorney must approve each such disclosure and the tax administrator may refuse to make the disclosure referred to in this paragraph when in the tax administrator’s opinion the public interest would suffer;

5. Of the name and address of a person to whom a license is issued, and the general type or nature of the business;

6. By way of public meeting or otherwise of such information as may be necessary to the City Council to permit it to be fully advised as to the facts when a taxpayer files a claim for refund of license taxes, or submits an offer of compromise with regard to a claim asserted against taxpayer by the city for license taxes, or when acting upon any other matter;

7. Of general statistics regarding taxes collected or business done in the city.

C. Errors not prejudicial. No error by the tax administrator or any other officer, employee, or agent of the city in the application of this title shall prevent, prejudice, or estop the collection by or for the city of the full amount of tax owed by any person under this title.

5.04.030 License requirements.

A. License and tax payment required. Business license taxes in the categories and amounts prescribed by City Council resolution are imposed upon the businesses and persons specified in this title, and no person shall transact and carry on any business without having procured a license from the city to do so, without having paid the business license tax or without complying with any and all regulations of such business contained in this title.

B. Evidence of doing business. When a person advertises, holds out, or represents that the person is in business in the city, or when the person holds an active license or permit issued by a governmental agency indicating that the person is in business in the city, or when the person fails to deny by a sworn statement given to the tax administrator that the person is not conducting a business in the city, after being requested to do so by the tax administrator, then these facts are prima facie evidence that the person is conducting a business in the city.

C. Multiple locations. A separate license must be obtained for each branch establishment or location of the business transacted and carried on and for each separate type of business at the same location. A warehouse and a distributing plant used in connection with a business licensed under this title is not a separate place of business or branch establishment within the meaning of this section.

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D. Constitutional apportionment. If a person believes that the license places an undue burden upon interstate commerce or violates the equal protection or due process clause of the state or federal constitution, the person may apply to the tax administrator for an adjustment of the tax. The applicant shall by sworn statement and supporting testimony show the method of business and the gross volume or estimated gross volume of business and such other information as the tax administrator considers necessary. The tax administrator shall conduct an investigation and after obtaining the written approval of the city attorney shall fix as the license tax an amount that is reasonable and nondiscriminatory. In fixing the license tax, the tax administrator may base the license tax upon a percentage of gross receipts or other measure that assures that the license tax is uniform with that assessed on businesses of like nature. However, the amount fixed shall not exceed the license tax prescribed by this title.

5.04.040 License tax exemptions.

A. General exemptions. This title does not apply to a person transacting and carrying on a business exempt by the Constitution or statute of the United States or of the State from the payment of the tax prescribed.

B. Specific exemptions.

1. Charitable/nonprofit organizations. The following organizations and activities are exempt from payment of the license tax: (1) a business conducted as a charitable purpose or from that no profit is earned; (2) the conduct of entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects, whenever the receipts are for a religious, educational or charitable purpose; and (3) the conduct of entertainment, dance, concert, exhibition or lecture by a religious, charitable, fraternal, educational, amateur theatrical group, military, state, county or municipal organization or association, whenever the receipts are for the purpose and objects for which the organization or association is formed, and from that profit is not derived, directly or indirectly, by any individual.

2. Disabled veterans. A disabled veteran holding an honorable discharge from a branch of the military service of the United States is exempt from the payment of the license tax prescribed in this title, if the veteran is physically unable to earn a livelihood by manual labor and is a qualified voter of the State.

3. Minor having minimum gross receipts. A person doing business who is a minor under 18 years old and whose gross receipts do not exceed forty five hundred dollars ($4,500) shall be exempt from the requirements of this title.

4. Artist and art exhibits. A business license shall not be required of individual artists for the exhibition or display of paintings, sculpture, photographs or other fine arts in public buildings, art galleries, or in any business establishment if the exhibition or display is incidental to the primary business

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conducted on the premises, and is primarily for cultural and educational purposes. Any artist shall be exempt from the requirements of this title if the sales of the artist’s art work within the city do not result in annual gross receipts in excess of five thousand five hundred ($5,500) dollars.

5. Certain retirees. A no-fee business license shall be issued to those individuals on a retirement system such as social security, private or public pension plan, making less than sixteen thousand five hundred ($16,500) dollars per year and over the age of sixty five years, upon showing evidence of such.

C. Procedures for exemptions.

1. Any person claiming an exemption under this section shall file a sworn statement with the tax administrator stating the facts upon which exemption is claimed. In the absence of such statement substantiating the claim, such person shall be liable for the payment of the taxes imposed by this title.

2. Upon a proper showing contained in the sworn statement, the tax administrator shall issue a license to such person claiming exemption under this section without payment to the city of the license tax required by this title.

D. Additional requirements. A license tax exemption granted pursuant to this chapter do not exempt the person conducting the business from complying with the license and permit requirements of this title.

5.04.050 Application, issuance, and renewal.

A. Application and contents. A person required to have a license under this title shall file a written application with the tax administrator upon a form provided by the tax administrator. The application shall contain the name of applicant, the business licensed, the business’s location, the license expiration date, and such other information as the tax administrator proscribes.

B. Verification. The tax administrator, each inspector, and each police officer may inspect the books and records of a person to determine the amount of license fee due and to verify the information supplied by the licensee or applicant. Every person by signing an application consents and agrees to permit the city to examine the person’s books and records for these purposes. Each person subject to this title shall keep complete records of business transactions, including sales, receipts, purchases, and other expenditures, and shall retain them for examination by the tax administrator. The records shall be maintained for a period of at least six (6) years. Each person required to keep records under this section shall allow authorized representatives of the tax administrator to examine the records at reasonable times and places. The city may subpoena the books and records of any person who refuses to make them available to the city.

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C. Consultation. The tax administrator will process the application and may consult with other city departments to determine whether the business and business premises meet the requirements of state law and the municipal code.

D. Issuance. Upon receiving the approval of departments to which the application has been referred and, where necessary, the city manager’s approval, the tax administrator shall prepare and issue the license.

E. Renewal. When a licensee applies for a renewal of the licensee’s license, the licensee shall file a written statement upon a form prescribed by the tax administrator, setting forth information concerning the business during the preceding year that the tax administrator required to fix the amount of the license tax.

F. Effect of indebtedness. A license will not be issued if the applicant is indebted to the city for any unpaid license fee, unless the applicant is permitted to enter into an agreement with the city to pay such delinquent taxes.

G. License tax determinations.

1. When reviewing an application, conducting an independent audit, or otherwise, the tax administrator may determine the amount of license tax due, using the information provided by the applicant, licensee, or other person or found during the audit.

2. When the tax administrator makes the determination, the tax administrator shall give a notice of the amount by personal service or first-class mail. Service is deemed effective on the date it is personally delivered or deposited in the mail. If the business maintains a physical location within the city, any notice or decision shall be posted on the site at which the business is located. Failure of any person to receive a notice properly served under this section does not affect the validity of the notice, service, decision, or any action or proceeding under this section.

3. The person may appeal the tax administrator’s determination according to this chapter. If the applicant or licensee does not appeal within the time prescribed, the amount so assessed shall be final and shall immediately be due and owing to the city, but penalties as provided in this title shall continue to accrue until paid.

H. Deviation. There shall be no deviation in fees, penalties, or due dates, unless, specifically authorized by formal City Council action, after written request by the applicant through the tax administrator on forms provided by the city.

5.04.060 General license terms and conditions.

A. Annual license tax. All business license taxes are annual, unless otherwise expressly stated in this title. Upon issuance, the licensee shall pay the appropriate tax for a twelve month period. Expiration shall be the last day of the

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preceding month of the year succeeding issuance. Taxes shall be due and payable on the first day of the month following the expiration date. Renewals shall be delinquent on the tenth day of the month following the expiration date.

B. Refunds for overpayments. The refund of an overpayment of tax imposed is allowed only when a claim for refund is filed with the tax administrator within eight months from the last day of the calendar month following the period for which the overpayment was made. Each claim for overpayment refund must be filed with the tax administrator on a form furnished by the city. If the tax administrator determines that an overpayment has been made, a refund may be issued in the amount overpaid.

C. License not transferable. A license issued under this title is not transferable, except when the licensee changes the licensee’s place of business, the licensee may apply to the tax administrator for the transfer of the license to the new place of business. The fee for the transfer is established by City Council resolution. Any decal issued with a license is not transferable. Licensee shall not give away, sell, transfer, or allow use of such decal to or by another person.

D. Display of license. If the license is for carrying on business at a fixed place of business, the licensee shall post the license in a conspicuous place upon the premises where the business is carried on. If the license is for carrying on business that has no fixed place of business, the licensee shall keep the license upon the licensee’s person at all times while carrying on business. The tax administrator may require a licensee to display a decal on licensee’s vehicle or other equipment.

5.04.070 Modification, suspension, or revocation of license.

A. Grounds for modification, suspension, or revocation. Any license issued pursuant to the title may be modified, suspended, or revoked pursuant to this section.

Grounds for modification, suspension, or revocation include:

1. That the building, structure, or equipment used in the conduct of the business does not comply with or fails to meet any state law or City ordinance, including but not limited to any health, zoning, fire, and building and safety laws of the state of California or any City ordinances;

2. That the licensee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a license, or in any report or record to be filed with the City;

3. That the licensee was issued an exemption license pursuant to Section 5.04.040, but the exemption is found not to apply or no longer applies to the licensed business;

4. That the licensee has violated any provision of the California Business and Professions Code, Palm Desert Municipal Code, or any emergency order issued by the City Manager or City Council;

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5. That the licensee has violated any conditions or restrictions of the license, conditional use permit, or any other permit issued by the City to licensee or has operated a business other than for which it has been licensed and/or permitted;

6. That the licensee has been held liable or convicted of any offense involving the maintenance of a nuisance resulting from any act performed in the exercise of any rights permitted by the issuance of the subject license;

7. That the licensee has violated any rule or regulation adopted by any governmental agency relating to the licensee’s business;

8. That the licensee has conducted the licensed business in a manner contrary to the peace, health, safety, and the general welfare of the public.

B. Service. Any notice required to be served under this section must be served by personal service or first-class mail. Service is deemed effective on the date it is personally delivered or deposited in the mail. If the business maintains a physical location within the City, any notice or decision shall be posted on the site at which the business is located. Failure of any person to receive a notice properly served under this section does not affect the validity of the notice, service, decision, or any action or proceeding under this section.

C. Procedure for modification, suspension, or revocation. The city manager may issue a written notice of modification, suspension, or revocation of a license to the licensee if the city manager finds one or more of the grounds listed in subsection (A) of this section. The notice shall state the grounds for modification, suspension, or revocation of the license. If the city manager modifies a license, the notice shall include a description of how the license is modified. If the city manager suspends a license, the notice shall include a suspension period and any conditions required to lift the suspension following the suspension period.

5.04.080 Appeals.

A. Filing written notice of appeal. Any person aggrieved by any decision of the tax administrator or city manager must file an appeal within fifteen (15) calendar days following the date of service of the determination, notice, or decision. A written notice of appeal must contain the following information: (i) the name and contact information of the appellant, and (ii) the grounds for appeal in sufficient detail to enable the City Council and City to understand the nature of the controversy. The failure of any person who has been served with a determination, notice, or decision to timely and properly file an appeal is a failure to exhaust administrative remedies and the initial determination, notice, or decision will become final.

B. Notice of hearing. The City will notify the appellant in writing of the date, time, and location of the hearing at least ten (10) calendar days before the date of the scheduled hearing. The notice of hearing must be served by personal service or firstclass mail. Service is deemed effective on the date it is personally delivered or

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deposited in the mail. Failure of any person to receive a notice properly served under this section does not affect the validity of the notice, service, decision, or any action or proceeding under this section.

C. Appeal hearing. The appeal hearing shall be heard by the City Council.

The tax administrator, city manager, and/or any other official from the City with knowledge of the matter and the appellant have the right to present evidence and witnesses. The formal rules of evidence and discovery do not apply. The rules of privilege are effective to the same extent that they are now or hereafter may be recognized in civil actions. Irrelevant or unduly repetitious evidence may be excluded.

Oral evidence may be taken only on oath or affirmation. The parties may represent themselves or be represented by anyone of their choice. No party has the right to crossexamine any other party or witness except for good cause shown to the satisfaction of the City Council. The appellant may bring an interpreter to the hearing at his or her sole expense.

D. Final decision. The City Council’s decision must be in writing and set forth the City Council’s findings and final order. The City Council’s decision is the final administrative decision of the City regarding the modification, suspension, or revocation of a license issued under this title. The City Council’s decision is final and effective on the date of service of the decision. The decision must contain the following statement:
“The decision of the City Council is final and binding. Judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure section 1094.6 et seq.” Failure to seek timely judicial review pursuant to California Code of Civil Procedure section 1094.5 et seq. means all objections to the City Council’s decision are waived.

E. Effect and nature of decision. Upon suspension or revocation, the licensee shall cease operation of the business immediately, and any further operation shall be unlawful and a public nuisance. If the decision is to revoke the license, the licensee will not be issued a business license to operate the same business within one year after such revocation.

5.04.090 Violations, enforcement, and penalties.

A. Misdemeanor. A person who violates this title, who knowingly or intentionally misrepresents a material fact in procuring a license, or who willfully fails to exhibit one’s license or permit on demand is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than $1,000 or by imprisonment in jail for a period of not more than six months, or both, for each violation.

B. Penalty. The tax administrator shall add a penalty of ten percent (10%) of the business license tax on the tenth day of the month following the expiration date; twenty-five percent (25%) on the first day of the second month, and fifty percent (50%) on the first day of the third month after the expiration date thereof; provided, the amount of such penalties to be added shall in no event exceed fifty percent (50%) of the of the amount of the license due.

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C. Tax owed by unlicensed business. The conviction and punishment of any person for engaging in any business without first obtaining a license to conduct such business shall not relieve such person from paying the license tax due and unpaid at the time of such conviction, nor shall the payment of any license tax prevent a criminal prosecution for the violation of any of the provisions of this code.

D. Revocation. Any business violating any of the provisions or failing to comply with any of the provisions of the Palm Desert Municipal Code or any emergency order shall be subject to business license revocation proceedings, pursuant to this chapter.

E. License tax debt to City. The license tax and penalty is a debt to the city.

The city may bring an action to collect the debt.

F. Legal action. The city attorney may, on behalf of the city, take all appropriate legal action in order to collect such debts owing to the city, and may commence, or defend, in the name of the city in any court of competent jurisdiction, an action or actions relating to any amount due for new or renewal of business license taxes, including penalties, interest and deficit taxed revealed by audits. In case of recovery by the plaintiff, court costs, attorney’s fees and auditor’s fees shall be added to the judgment as costs to be collected from the defendant or defendants.

G. Remedies cumulative. All remedies prescribed hereunder shall be cumulative and the use of any one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this title, or any other provisions of this code.

H. No mandatory duty. Nothing contained in this Code shall be deemed to create a mandatory duty on the part of the City or any of its officers or employees to enforce this title or enforce it in any particular manner.” SECTION 2. Severability. If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable.

SECTION 3. CEQA. The City Council hereby finds and determines that this Ordinance is exempt from CEQA pursuant to State CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that the Ordinance would not have the potential or possibility for causing a significant effect on the environment.

Specifically, the proposed changes to the Municipal Code are primarily technical and administrative in nature. The Ordinance would update the business license tax requirements and procedures. No construction is proposed and the amendments do not

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constitute any project approvals. In reviewing the Ordinance the City Council has exercised its independent judgment and has reviewed and considered the Ordinance in light of all testimony received, both oral and written. Therefore, based upon the entire administrative record, the City Council hereby determines that no further environmental review is required for the Ordinance.

SECTION 4. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish a summary of 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.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Palm Desert, California, on the ____ day of ___________, 2023 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________
KATHLEEN KELLY, Mayor
ATTEST:
_____________________________
Anthony Mejia, City Clerk
City of Palm Desert, California
APPROVED AS TO FORM:

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____________________________
Robert Hargreaves, City Attorney

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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: October 12, 2023
PREPARED BY: Bassam AL-Beitawi, Senior Project Manager
REQUEST: AWARD CONTRACT NO. C45460 TO YUNEX, LLC, FOR THE TRAFFIC

SIGNAL MODIFICATIONS AND HARDWARE UPGRADES IN THE
AMOUNT OF $244,995 (PROJECT N0.MTS00001)
RECOMMENDATION:

1. Award Contract No. C45460 to Yunex, LLC, of Riverside, California, for the Traffic Signal Modifications and Hardware Upgrades in the amount of $244,995.

2. Authorize the Director of Finance to set aside a contingency in the amount of $50,000 for unforeseen conditions.

3. Authorize the City Manager to review and approve written requests for the use of contingency per Section 3.30.170 of the Palm Desert Municipal Code.

4. Authorize the City Manager to execute the agreement.

5. Authorize the City Manager to execute the Notice of Completion (NOC) and the Secretary to file the NOC upon satisfactory completion of the Project.

The City of Palm Desert (City) is responsible for 99 signalized intersections. Each intersection includes a signal controller cabinet that houses the signal controller and other components.

Several cabinet controllers and components have exceeded their useful lifespans, placing them in jeopardy of malfunctioning due to deterioration caused by desert weather conditions.

The Traffic Signal Modifications and Hardware Upgrades (Project) addresses cabinet controllers and components at nine (9) signalized intersections. The scope of work includes, but is not limited to, removing existing and installing new conductors and cables; replacing existing traffic signal controller cabinets; and removing and replacing controller components. On August 17, 2023, the City advertised the Project on OpenGov and received four bids, as follows:

Contractor Location Total Bid
Yunex LLC Riverside, CA $244,995.00
California Professional Engineering, Inc. La Puente, CA $308,000.00 Elecnor Belco Electric, Inc. Chino, CA $410,611.00
DBX, Inc. Temecula, CA $445,757.00
Yunex LLC submitted the lowest responsive bid. The apparent low bid has been reviewed and found to be in full compliance with all bid requirements. The references were contacted, and they confirmed the contractor has successfully completed projects of similar scope recently.

Legal Review:

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

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City of Palm Desert
Traffic Signal Modifications and Hardware Upgrades

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Strategic Plan:

The proposed action will further the goals of the Strategic Plan by providing a safe and efficient transportation system for residents and visitors.

FINANCIAL IMPACT:

The Traffic Signal Modifications and Hardware Upgrades Project is included in the approved Fiscal Year 2023-24 Capital Improvement Project (CIP) List under the annual Traffic Signal and Traffic Signal Interconnect Equipment Upgrade Project. The traffic signal equipment at the remaining intersections will be addressed in upcoming projects as well. Funds in the amount of $750,000 were allocated to Measure A Account No. 2134250-5000906; therefore, award of this contract has no financial impact to the General Fund.

ATTACHMENTS:

1. Agreement

2. Payment and Performance Bonds

3. Contractor’s Proposal

4. Vicinity Map

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Contract No. C45460
1 Revised 07-2023
BBK 72500.00001\32374943.1

CITY OF PALM DESERT

CONTRACT FOR CONSTRUCTION
This Agreement is made and entered into this 12th day of October, 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, California (“City”) and Yunex LLC, a Limited Liability Company, with its principal place of business at 2250 Business Way, Riverside, CA 92501 ("Contractor").

WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
2023 Traffic Signal Modifications and Hardware Upgrades Project Project No. 569-22 / MTS00001
(hereinafter referred to as “the Project”).

The work to be done consists of furnishing all labor, materials, necessary tools and machinery, supervision, and all utility and transportation services required for traffic signal modifications, including but not limited to, removing existing and installing new conductor, and cable; replacing existing traffic signal controller cabinets; removing and replacing controller assemblies; performing all operations; furnishing all materials, equipment, and traffic control other than traffic signal controller cabinets; and all necessary appurtenant work for traffic signal modification improvements necessary in accordance with the bid items in the Project plans, the Specifications, and other Provisions of the Contract.

Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 90 Calendar Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Two Hundred and Forty-four Thousand, Nine Hundred and Ninety-five Dollars and no cents ($244,995.00).

Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

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Contract No. C45460
2 Revised 07-2023
BBK 72500.00001\32374943.1
ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,000.00 for each and every Day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Standard Plans of the City of Palm Desert, latest edition Standard Plans for Public Works Construction, latest edition Caltrans Standard Specifications, latest edition, Except Division 1 Caltrans Standard Plans, latest edition
California Manual on Traffic Control Devices for Streets and Highways (CAMUTCD), latest edition
Work Area Traffic Control Handbook, latest edition
Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract

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Contract No. C45460
3 Revised 07-2023
BBK 72500.00001\32374943.1
The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION AND INSURANCE
A. Indemnification

1. To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify, and hold harmless the City, its officials, officers, agents, employees, and representatives, and each of them from and against:
(a) Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers;
(b) Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements;
(c) Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; (d) Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of

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them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under Contract.

Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party.

2. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the counsel of the City choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees, and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees, 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. The only limitations on this provision shall be those imposed by Civil Code section 2782.

3. The provisions of this Article shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in whole or part of the Work shall waive or release any of the provisions of this Article.

B. Insurance

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

2. 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 $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $4,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

3. 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 Contract, 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.

4. 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, automotive liability and employer’s liability. Such policy or policies shall include the following terms and conditions:

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A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
(a) Pay on behalf of wording as opposed to reimbursement; and (b) Concurrency of effective dates with primary policies; and (c) Policies shall “follow form” to the underlying primary policies; and (d) Insureds under primary policies shall also be insureds under the umbrella or excess policies.

5. Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.

6. RESERVED

7. RESERVED
C.Other Provisions or Requirements

1. 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.

2. Duration of Coverage. Contractor 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 Contractor, its agents, representatives, employees, or subcontractors.

Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The City and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

3. 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

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benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

4. Products/Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion.

Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage.

5. City’s Rights of Enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by 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 Contract.

6. 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.

7. 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, agents, officials, employees, and volunteers, 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, agents, officials, employees, and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors.

8. 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.

9. 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.

10. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to 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.

11. Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability policies shall provide or be endorsed to provide that the City 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. Coverage shall be at least as broad as coverage provided by ISO’s Owners, Lessees, or Contractors Additional Insured Endorsement for the ongoing (i.e. ISO Form CG 20 10 07 04) and completed operations (i.e. ISO Form CG 20 37 07 04) of Contractor.

12. 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.

13. 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.

14. Pass Through Clause. Contractor 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 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.

15. City’s Right to Revise Requirements. 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 substantial additional 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.

16. 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.

17. 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 Contract, and that involve or may involve coverage under any of the required liability policies.

18. 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.

19. 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

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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.

ARTICLE 8. PREVAILING WAGES.

Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity.

These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees.

Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

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BBK 72500.00001\32374943.1

SIGNATURE PAGE TO LONG FORM CONSTRUCTION AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT

AND YUNEX LLC
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

YUNEX LLC, A LIMITED LIABILITY

COMPANY
By:

Rodney Mathis, President
By:

Dirk Rauber, Treasurer
Contractor’s License Number and
Classification
DIR Registration Number (if applicable)
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
Bonds: _____

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Contract No. C45460
Exhibit “C”
Revised 11-2-20
BBK 72500.00001\32374915.1

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to Yunex LLC, (hereinafter referred to as the “Contractor”) an agreement for 2023 Traffic Signal Modifications and Hardware Upgrades Project 569-22 / MTS00001 (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated October 12, 2023, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, Yunex LLC, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Two Hundred and Forty-four Thousand, Nine Hundred and Ninety-five Dollars, ($244,995.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law, or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or

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Contract No. C45460
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
[SIGNATURES ON NEXT PAGE]

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Contract No. C45460
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By

Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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Contract No. C45460
NOTE: This acknowledgment is to be completed for Contractor/Principal.

Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

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Contract No. C45460
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

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Contract No. C45460

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed October 12, 2023, has awarded to Yunex LLC, hereinafter designated as the “Principal,” a contract for the work described as follows:
2023 Traffic Signal Modifications and Hardware Upgrades Project 569-22 / MTS00001 (the “Project”).; and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated October 12, 2023, (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of Two Hundred and Forty-four Thousand, Nine Hundred and Ninety-five Dollars, ($244,995.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or

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Contract No. C45460
modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
[SIGNATURES ON NEXT PAGE]

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Contract No. C45460
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title

(Corporate Seal) Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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Contract No. C45460
NOTE: This acknowledgment is to be completed for Contractor/Principal.

I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

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Contract No. C45460
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

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City of Palm Desert
PW - Capital Improvement Projects
Jess Culpeper, Deputy Director
73-510 Fred Waring Drive, Palm Desert, CA 92260

PROPOSAL DOCUMENT REPORT
IFB No. 569-22 - MTS00001
2023 Traffic Signal Modifications and Hardware Upgrades RESPONSE DEADLINE: September 8, 2023 at 2:00 pm
Report Generated: Tuesday, September 12, 2023
Yunex LLC Proposal

CONTACT INFORMATION
Company:

Yunex LLC
Email:
[email protected]
Contact:

Robert Paquette
Address:
2250 Business Way
Riverside, CA 92501
Phone:
(951) 784-6600
Website:
www.yunextraffic.com/global/en/
Submission Date:

Sep 8, 2023 11:48 AM

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PROPOSAL DOCUMENT REPORT
IFB No. 569-22 - MTS00001
2023 Traffic Signal Modifications and Hardware Upgrades

PROPOSAL DOCUMENT REPORT
PUBLIC WORKS - 2023 Traffic Signal Modifications and Hardware Upgrades

Page 2 ends

ADDENDA CONFIRMATION
Addendum #1
Confirmed Sep 5, 2023 3:04 PM by Robert Paquette

QUESTIONNAIRE

1. BID ACKNOWLEDGMENT*
Pass
To 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.

A. In response to the Contract Documents for project number 569-22 - MTS00001 and in accordance with the accompanying Instructions to Bidders, the undersigned hereby proposes to the City to furnish all labor, technical and professional services, supervision, materials and equipment, other than materials and equipment specified as furnished by the City, and to perform all operations necessary and required to construct the Project in accordance with the provisions of the Contract Documents and any addenda thereto, and at the prices stated opposite the respective items set forth in the Bid Schedule.

B. This Bid constitutes a firm offer to the City which cannot be withdrawn for 90 calendar days after the date set for opening of Bids, or until a Contract is executed by the City and a third party, whichever is earlier.

C. The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that it has carefully checked all of the words and figures shown in its Bid Schedule; that it has carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the City will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid.

D. If awarded a Contract, the undersigned agrees to execute and deliver to the City within ten (10) Days after date of receipt of Notice of Award, a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements.

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E. All Bid Forms, which have been completed and executed by undersigned Bidder, are incorporated by this reference and made a part of this Bid.

F. The undersigned is hereby representing that it is and will be properly licensed both at the time that it submits a Bid as well as at the time the Contract is awarded, if the Contract is awarded to the undersigned.

1. If Individual Contractor. Undersigned certifies that it is now licensed in accordance with the provisions of the Contractor's License Law of the State of California; or

2. If Joint Venture. Undersigned certifies that the individual members of the joint venture are now licensed in accordance with the provisions of the Contractor's License Law of the State of California.

I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.

Confirmed

2. BID SCHEDULE*
Pass
IMPORTANT:

THE ELECTRONIC #BID SCHEDULE MUST BE COMPLETED BY EACH BIDDER AND PROPERLY SUBMITTED ON OPENGOV PROCUREMENT.

FAILURE TO COMPLETE THE BID SCHEDULE WILL RESULT IN AN INCOMPLETE AND NON-RESPONSIVE BID.

THE ELECTRONIC BID SCHEDULE WILL BE INCORPORATED INTO THE CONTRACT DOCUMENTS.

The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work. All blank spaces appearing in the Electronic Bid Schedule must be filled in. Failure to fill in any blank spaces may render the bid non-responsive.

The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price.

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If the Contract Documents specify Alternate Bid items, the City can choose to include any, all, or none of the Alternate Bid items in the Work. If the City selects any of the Alternate Bid items, the corresponding Alternate Bid prices shall be added to or deducted from Base Bid Price for the Work. The City can award/select Alternate Bid items at any time(s).

I certify that I have read, understood the above statement.

Confirmed

3. BID GUARANTEE*
Pass
IF SUBMITTING AN ORIGINAL BID BOND: Please download the Bid Bond Form under #ATTACHMENTS, and Mail or hand deliver in a sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope to the City Clerk's Office located at 73-510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline.

IF SUBMITTING CASH OR CASHIER'S CHECK: Mail or hand deliver in a sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope to the City Clerk's Office located at 73-510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline.

IF SUBMITTING AN E-BID BOND: follow E-Bid Bond instructions.

Hard Copy Original Bid Bond (delivered before bid submittal deadline)

4. E-Bid Bond
Please enter your Bid Bond information from Surety2000 below ONLY IF YOU ARE NOT SUBMITTING A HARD COPY BID BOND, CASH, OR CASHIER'S CHECK.

Bond ID: No response submitted
Vendor ID: No response submitted

5. Enter Surety Company "Name" who Issued Bid Guarantee * Pass

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This information will be verified against the California Department of Insurance Website.

Travelers Casualty and Surety Company of America
Click to Verify Value will be copied to clipboard

6. DESIGNATION OF SUBCONTRACTORS*
Pass
Please download the below documents, complete, and upload. • DESIGNATION_OF_SUBCONTRACTO...

DESIGNATION_OF_SUBCONTRACTORS_-_YUNEX_LLC.pdf

7. BIDDER INFORMATION AND EXPERIENCE FORM*
Pass
Please download the below documents, complete, and upload. • BIDDER_INFORMATION_AND_EXPE...

BIDDER_INFORMATION_AND_EXPERIENCE_FORM_-_YUNEX_LLC.pdf

8. NON-COLLUSION DECLARATION*
Pass
The undersigned declares:

I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.

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element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Confirmed

9. PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION* Pass
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information.

No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.

Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:

A. Bidder shall maintain a current DIR registration for the duration of the project.

B. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

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C. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is nonresponsive.

Confirmed

10. CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION* Pass
I am aware of the provisions of section 3700 of the 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 I will comply with such provisions before commencing the performance of the work of this Contract.

Confirmed

11. Enter your valid CA Contractors State License Board (CSLB) number* Pass
Please enter your License Number here. This will be verified against the state database. 1080007
Click to Verify Value will be copied to clipboard

12. Enter your California Department of Industrial Relations (DIR) Registration number* Pass
Please enter your Public Works Contractor DIR Number. This will be verified against the state database. 10000815000
Click to Verify Value will be copied to clipboard

13. Type of Business*
Pass

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Limited Liability C Corporation (if corporation, two signatures are required)

14. Type your Legal Company Name Here*
Pass
State your Company's Name Here. This will be verified against the California Secretary of State's Website.

Yunex LLC
Click to Verify Value will be copied to clipboard

15. How many years has Bidder’s organization been in business as a Contractor? * Pass
2 (over 40 years of previous experience under (Siemens Mobility, Inc., Siemens Industry, Inc., Republic Electric, and Republic ITS)

16. List the Signatory(s) Authorized to Sign and Bind an Agreement.* Pass
(If two (2) signatures are required, include the following information for both signatories) A. Full Name
B. Title
C. Physical Business Address
D. Email Address
E. Phone Number
Steven Teal / Director of Customer Service / 2250 Business Way, Riverside, CA 92501 / [email protected] / (951) 784-6600 Robert Paquette / Sales Manager / 2250 Business Way, Riverside, CA 92501 / [email protected] / (951) 784-6600

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PRICE TABLES
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Signal rewiring and other improvements at intersection of Portola Avenue and Rutledge Way
1 LS $88,495.00 $88,495.00
2 Signal rewiring and other improvements at intersection of Country Club Drive and Monterey Avenue
1 LS $36,100.00 $36,100.00
3 Signal rewiring and other improvements at intersection of Monterey Avenue and Hovley Lane West
1 LS $18,800.00 $18,800.00
4 Signal rewiring and other improvements at intersection of Country Club Drive and Park Center / Barington
1 LS $14,700.00 $14,700.00
5 Signal rewiring and other improvements at intersection of Country Club Drive and Oasis Club Drive / Tamarisk Row
1 LS $17,600.00 $17,600.00
6 Signal rewiring and other improvements at intersection of El Paseo and San Pablo Avenue
1 LS $27,100.00 $27,100.00
7 Signal rewiring and other improvements at intersection of Country Club Drive and Eldorado Drive
1 LS $14,900.00 $14,900.00
8 Signal rewiring and other improvements at intersection of Highway 111 and Hospitality Row
1 LS $11,500.00 $11,500.00
9 Signal rewiring and other improvements at intersection of Highway 111 and Deep Canyon Road
1 LS $15,800.00 $15,800.00
TOTAL $244,995.00

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Highway 111 and Deep Canyon Road

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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: October 12, 2023
PREPARED BY: Shawn Muir, Community Services Manager
REQUEST: AWARD CONTRACT TO SPORTS FACILITIES MANAGEMENT, INC.,

FOR THE MANAGEMENT AND OPERATION OF THE PALM DESERT

AQUATIC CENTER
RECOMMENDATION:

1. Award a contract to Sports Facilities Management, Inc., for the management and operations of the Palm Desert Aquatic Center (PDAC) for a term of five years (plus five 1-year extensions) in the annual fee of $264,000 in Year 1 and a 5% increase each year in Years 2-5.

2. Authorize appropriation to Palm Desert Aquatic Center Operational Account No. 2424549- 4309300 in the amount of $93,500.

3. Authorize transfer from Unobligated General Fund Reserves in the amount of $93,500 to Palm Desert Aquatic Center to facilitate the contract increase.

4. Authorize the City Manager to review and approve written contract amendment and change order requests for unanticipated conditions.

5. Authorize the City Attorney to make non-substantive changes to the contract.

6. Authorize the Mayor to execute said agreement.

BACKGROUND/ANALYSIS:

History
The Family YMCA of the Desert (YMCA) was contracted by the City for the management and operations of the PDAC upon its opening in 2011 and has maintained that contract (Contract No. C36620) through the current fiscal year. The most recent competitive bidding process resulting in an operational contract award was in January 2018. The term of the contract was for one-year with an option to renew every year until June 30, 2023.

Anticipating the end of the contract term, staff issued a Request for Proposals (RFP) in November 2022. Two proposals were received from YMCA and Sports Facilities Management, LLC (SFM). Staff entered negotiations with YMCA, and they provided the contract to their legal counsel for review. At that time, the YMCA encountered a new challenge with lifeguard retention, resulting in reduced operating hours and services. Staff worked with YMCA to increase lifeguard wages leading to restoration of these services.

These changes prompted discussion and further negotiations between YMCA and the City about the new contract needs. Through this process, YMCA submitted two revised fee proposals showing increased administrative costs and annual escalation built in. Their administration cost went from $178,000 to $352,028 (20%), and ultimately landed at $528,041 (35%) annually with escalation built in. This more than tripled their contract management fee from the previous year’s rate of $165,000. In addition, the YMCA legal team completed their review and requested several

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City of Palm Desert
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changes to the contract terms. City staff understood that the significant increase in management cost and contract terms would expand the City’s subsidy of the facility. Staff concluded that the need for changes to the scope of work and contract language were significant enough to require the request for proposals for this project to be re-advertised to ensure the right approach was taken in entering a new long-term management contract. At the April 27, 2023, City Council meeting, the bids were rejected, and Amendment No. 5 was approved to extend the current contract to December 31, 2023.

Updated Scope of Work Led by Subject Matter Experts
City staff prepared to readvertise the RFP by conducting interdepartmental meetings to outline the key changes needed in the scope of work. City staff also made the decision to contract with the national aquatic consulting firm Counsilman-Hunsaker in June of 2023 to assist with developing the PDAC Request for Proposals and evaluating proposal submissions. CounsilmanHunsaker’s scope was to:

1. Create the RFP document to include goals, deliverables, Key Performance Indicators (KPIs), reports and desired outcomes to maintain accountability and track progress.

2. Provide suggestions on reaching the 60% Cost Recovery goal through effective management.

3. Assist the City throughout the bid phase and selection process.

Counsilman-Hunsaker met with City staff on July 6, 2023, to discuss cost recovery goals, review financial information, and discuss RFP goals. Through data analysis it is clear that by driving an increase in attendance, the City’s subsidy could be controlled and potentially reduced. The City's General Fund subsidy is created by a funding gap between operational revenues and expenditures. Following is a table outlining historical revenues and expenditures for the Palm Desert Aquatic Center from Fiscal Year 15/16 to Fiscal Year 22/23.

In an effort to ensure improved and robust reporting in the future, Counsilman-Hunsaker proposed the following KPIs at a minimum along with reporting cadences.

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Financial Programs Operations
 Attendance/Passes Sold
 Member Retention
 Concessions Revenue
 Rental Revenue
 Swim Lesson Revenue
 Concessions Per Cap
 Program Attendance
 Sessions
Held/Canceled
 Rentals Held
 Special Programs
 Checklist Compliance
 Closures
 Incidents
 Facility Audit Results
 Pool Chemical Readings
 Customer Satisfaction
 Staff Turnover
Subject KPI/Topic Reporting Cadence
Monthly Facility Financials Topic Monthly
Attendance/Passes Sold KPI Monthly
Member Retention KPI Monthly
Concessions Revenue KPI Monthly
Rental Revenue KPI Monthly
Swim Lesson Revenue KPI Monthly
Concessions Per Cap KPI Monthly
Program Attendance KPI Monthly
Sessions Held/Canceled KPI Monthly
Rentals Held KPI Monthly
Special Programs KPI Monthly
Checklist Compliance KPI Monthly
Closures KPI Monthly
Incidents KPI Monthly
Facility Audit Results KPI Quarterly
Pool Chemical Readings KPI Monthly
Customer Satisfaction KPI Monthly
Staff Turnover KPI Monthly
Completed Maintenance Topic Monthly
In-service Training Compliance KPI Monthly
Staff Recruitment Topic Quarterly
Programs Held Topic Monthly
Upcoming Programs Topic Monthly
Marketing Efforts Topic Quarterly or as needed
Goal Updates Topic Quarterly
Additionally, the RFP emphasized the goal of decreasing the current subsidy of the Palm Desert Aquatic Center. Creative solutions to increase revenue and/or decrease expenses were encouraged from each submitter.

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Following the release of the RFP, Counsilman-Hunsaker assisted in advertising the RFP to potential management companies and were successful in attracting nine (9) different companies to the pre-bid meeting with ultimately six (6) companies submitting proposals.

The submissions were analyzed by the evaluation team and scored according to the following:
 Clarity and conformance of proposal to the RFP – 5%
 Content of the proposal, including the work plan and business plan – 30%  Proposer’s and Team members' experience and performance – 25%  References – 15%
 Attendance of Non-mandatory preproposal meeting – 5%
 Fee proposal – 10%
 Proposer's Safety Record – 10%
After evaluations were completed, the team chose four (4) out of the six submissions to interview.  Family YMCA of the Desert
 Sports Facilities Management, LLC
 StandGuard Aquatics
 The Swimming Swan LLC
Interviews were conducted on September 18, 2023, via Zoom. The team of reviewers conferred after the scores and interviews were complete to decide upon a recommendation. The team unanimously agreed that SFM provided the highest value proposal. Key areas in which SFM stood out are described below.

Upon contacting SFM to discuss the recommendation to award, they are energized and excited to begin this new partnership. SFM has also committed to hiring locally to meet staffing needs for the facility and will consider current PDAC staff during their hiring process.

Key factors leading to the recommendation:

SFM is a national company with over 2,500 employees. Like the other proposers, they presented a core team of professionals to manage day to day operations. However, unlike any other proposer, they have the versatility to pull experts from their corporate pool to provide for specific needs. For example, several lifeguard resignations in quick succession caused the PDAC to significantly reduce operating hours in January. SFM would utilize their corporate Human Resources team to quickly hire or allocate lifeguards from other facilities to fill that gap and ensure continuity of operations. Another example is marketing: YMCA currently works with a marketing consultant to provide the promotional, marketing, and recruitment media needs at the PDAC. SFM would allow the City to expand upon this with their Marketing Services Team that provides assistance to each of the facilities managed by the company. This team would be available to the City to meet those needs but would also be used to create new programs and promotional opportunities.

The interview team unanimously decided to recommend SFM to manage and operate the PDAC beginning January 1, 2024. Upon approval, staff anticipate SFM will begin work November 1, 2023, to ensure the transition from one management firm to the other is smooth.

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References:

Staff and the aquatic consultant contacted references for several of the proposers during the review process. References for SFM were very positive both within California and in other states.  The previous parks and recreation director of Pelican Bay Aquatic Center in Edmond, Oklahoma stated they showed they were capable of managing the facility from day one.

He said they are experts in their respective fields and capable of responding quickly and professionally when situations arose. They highly recommend SFM to manage the facility.
 Within California, SFM’s experts provided analysis for a proposed project at the City of Murrietta’s pool. The reference stated it was a good experience. The information SFM provided was very helpful and the City of Murietta would utilize them in the future.  The previous General Manager of City Beach Volleyball Club stated that she was very impressed with SFM’s professionalism and expertise. She highly recommends SFM for any sports or recreation complex.

SFM was highly recommended by all the references contacted.

Legal Review:

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

Strategic Plan:

High quality facility management and staffing at the Palm Desert Aquatic Center (PDAC) sustains one of the City’s premier recreational facilities. The proposed action will further the goals of the Strategic Plan by providing pervasive recreation opportunities for residents and visitors.

Appointed Body Recommendation:

This item was considered at the September 4, 2023, Parks and Recreation Committee meeting.

Committee members expressed the desire to provide input on the candidates for the new management contract. Committee Member Guyer was voted unanimously by the Committee to represent them on the evaluation team, which consisted of four City staff members, the representative from the aquatic consultant, and Mr. Guyer.

FINANCIAL IMPACT:

The SFM proposed cost for full-time management of the PDAC is $264,000 in Year 1 with a 5% incremental increase incorporated in Years 2-5 as shown in the table below.

Services FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Management Fee $264,000 $277,200 $291,060 $305,613 $320,894 Total Salaries $1,500,000 $1,575,000 $1,653,750 $1,736,437 $1,823,259 Other Expenses $160,000 $168,000 $176,400 $185,220 $194,481 Total Estimated Budget $1,924,000 $2,020,200 $2,121,210 $2,227,270 $2,338,634 The approved Aquatic Facility Operations Budget for Fiscal Year 2023-24 includes a total of $1,962,500 for the management and operations of PDAC under the following accounts:

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The interim, 6-month contract with the YMCA has expended $82,500 of the $165,000 allocated to the management fee. In order to help with a smooth transition of duties, staff recommend starting the contract with Sports Facilities Management on November 1, 2023, which will prorate the fee for the transitional term and remainder of Fiscal Year 2023-2024 to $176,000.

Since the other PDAC expenses are only estimates that could potentially increase due to inflation, increase in staffing and other factors, staff requests an appropriation of $93,500 to Account No. 2424549-4309300 for the management portion. Staff also requests a transfer from Unobligated General Fund Reserves to accommodate the contract increase. In future budget years, the corresponding amount needed for operations will be included in the budget during the budget approval process.

ATTACHMENTS:

1. Sports Facilities Management Proposal

2. Agreement
FY 2023-24 Account # Budget Total
Supplies 2424549-4219000 $ 20,000
Other Expenses 2424549-4309000 $ 100,000
Management Fee 2424549-4309300 $ 165,000
Food / Merchandise 2424549-4801100 $ 40,000
Contracted Labor 2424549-4802101 $1,637,500
$1,962,500
Vendor Management Term Account # Management
Cost
Budget
YMCA July 1 – Dec 31, 2023 2424549-4309000 $82,500
Sports Facilities Nov 1, 2023 – Jun 30, 2024 $176,000
TOTAL $258,500 $165,000
VARIANCE $93,500

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City of Palm Desert
PW - Operations & Maintenance
Randy Chavez, Deputy Director
73-510 Fred Waring Drive, Palm Desert, CA 92260

PROPOSAL DOCUMENT REPORT
RFP No. 2023-RFP-206
Management and Operations of the Palm Desert Aquatic Center RESPONSE DEADLINE: September 5, 2023 at 2:00 pm
Report Generated: Monday, September 11, 2023
Sports Facilities Management, LLC Proposal

CONTACT INFORMATION
Company:

Sports Facilities Management, LLC
Email:
[email protected]
Contact:

Gabby Fresh
Address:
600 Cleveland St
Suite 910
Clearwater, FL 33755
Phone:
(404) 984-6682
Website:
https://sportsfacilities.com
Submission Date:

Sep 5, 2023 5:34 AM

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ADDENDA CONFIRMATION
Addendum #1
Confirmed Sep 1, 2023 10:05 AM by Gabby Fresh
Addendum #2
Confirmed Sep 1, 2023 10:06 AM by Gabby Fresh
Addendum #3
Confirmed Sep 1, 2023 10:06 AM by Gabby Fresh
Addendum #4
Confirmed Sep 1, 2023 10:06 AM by Gabby Fresh

QUESTIONNAIRE

1. Proposal (WITHOUT COST)*
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organized and include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include:

A. Cover Letter

1. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone number authorized to negotiate Agreement terms and compensation.

B. Experience and Technical Competence

1. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s experience with similar Service as described in this RFP.

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2. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact person.

C. Firm Staffing and Key Personnel

1. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed.

2. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and responsibility of each individual.

3. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel.

4. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor that is anticipated to perform each function.

D. Proposed Method to Accomplish the Work

1. Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work.

Sports_Facilities_Companies_Response_2023-RFP-206.pdf

2. Fee Proposal*
Please provide a lump-sum, not-to-exceed fee proposal for the Scope of Services. The fee proposal shall consist of a detailed breakdown and justification for all Administrative and Management costs. Include hourly rates for all personnel for “Additional Work” (as such term is defined in the proposed Agreement attached herein). In addition, proposers shall outline their methods to ensure cost feasibility such as efficiency measures or policies. Proposers shall highlight any value-add components included in the fee proposal such as utilization of resources to increase value to the City.

SFC_Palm_Desert_Cost_Proposal.pdf

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3. Non-Collusion Declaration*
The undersigned declares:

I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.

The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Confirmed

4. Type of Business*
Other

5. Litigation*
Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years (or type "N/A").

Year Filed: 2021. Candace Meadows v. Sports Facilities Management LLC, Erie County Court of Common Pleas Ohio removed to United States District Court, Northern District Ohio, Western Division, Case 3:21-CV:01428. Plaintiff alleges that she was injured at the Cedar Point Sports Center, a facility in Sandusky,

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PROPOSAL DOCUMENT REPORT
RFP No. 2023-RFP-206
Management and Operations of the Palm Desert Aquatic Center

PROPOSAL DOCUMENT REPORT
Request For Proposal - Management and Operations of the Palm Desert Aquatic Center

Page 5 ends

Ohio managed by our firm, when her “harness on the rock climbing wall failed.” Our firm is represented by local counsel in the matter and they are fully and vigorously defending the claim on our behalf.

Year Filed: 2021. Jackson Corr, an Infant, by his Guardian Ad Litem, Nicole Corr, and Nicole Corr and Matthew Corr, Individually vs. Sports Facilities Management, LLC d/b/a Iron Peak Sports and Events; John Does 1-5 (name being fictitious and presently unknown), Superior Court of New Jersey, Somerset County, Action SOM-L-1181-21. Plaintiff alleged that he was injured while on the adventure course at Iron Peak Sports and Events, a facility managed by Sports Facilities Management in Hillsborough Township New Jersey. The matter was settled in 2023 and dismissed prior to trial.

Year Filed: 2023. Jacob Pierce, a minor, by and through his Father and Next Friend, Rober Pierce, vs Sports Facilities Management, LLC and the City of Hoover, in the Circuit Court of Shelby County Alabama, Civil Action CV 2022-900635. Plaintiff claimed he was injured falling from a climbing wall at our managed facility. Case was settled in January of 2023 and dismissed prior to trial.

Dyonica J. Covington, by and through her mother and next friend, Jessica M. Phillips and Jessica M. Phillips, individually v. The Sports Facilities Management, Pelican Bay Aquatic Center, and The City of Edmond, Oklahoma, District Court Oklahoma County, Oklahoma Case No: CJ-2023-1924.

Plaintif claimed injuries after being successfully recovered from the water by our staff at the Pelican Bay Aquatics Center, a facility managed by Sports Facilities Management, LLC in Edmond Oklahoma. Matter was settled in 2023 and dismissed prior to trial.

Shaban, Yaseen, Dean Shaban, Kareem Shaban, by their mother and natural guardian, Angie Badawi, Individually v. Iron Peaks Sports & Events, et al.

Superior Court of New Jersey, Mercer County, Docket No. MER-L-608-23. Plaintiff claims he was injured falling from a climbing wall at our managed facility in Hillsborough Township New Jersey. Our firm is represented by local counsel in the matter and they are fully and vigorously defending the claim on our behalf.

Sports Facilities Management, LLC, a Florida limited liability company, v. DOME-A-NATION, LLC, a New York limited liability company, Circuit Court of the Sixth Judicial Circuit, Pinellas County, Florida, Case No. 18-005818-CI. Plaintiff sought collection of monies owed to it under a facility management agreement. Case was settled prior to trial.

Daniel Salazar, et al. v. Premier College Combines, LLC, Rocky Top Sports World, RSTW SFM, LLC, and Sports Facili-ties Management, LLC, Circuit Court for Sevier County Tennessee, Civil Action 18-CV-170-III. Plaintiff alleged he injured his leg colliding with a bench during a high school soccer combine organized and operated by Premier College Combines, LLC at Rocky Top Sports World, a facility managed by RTSW SFM, LLC. Case was settled and dismissed prior to trial.

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PROPOSAL DOCUMENT REPORT
RFP No. 2023-RFP-206
Management and Operations of the Palm Desert Aquatic Center

PROPOSAL DOCUMENT REPORT
Request For Proposal - Management and Operations of the Palm Desert Aquatic Center

Page 6 ends

6. Changes to Agreement*
The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify any objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may affect the City's decision to enter into an Agreement.

N/A

7. No Deviations from the RFP*
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein (or type "N/A").

Maximum response length: 5000 characters
N/A

8. Project Team Resumes*
Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualifications, education, and professional licensing.

Staff_Resumes_.pdfStaff_Resumes.pdf

9. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (If two (2) signatures are required, include the following information for both signatories) A. Full Name
B. Title
C. Physical Business Address
D. Email Address

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PROPOSAL DOCUMENT REPORT
RFP No. 2023-RFP-206
Management and Operations of the Palm Desert Aquatic Center

PROPOSAL DOCUMENT REPORT
Request For Proposal - Management and Operations of the Palm Desert Aquatic Center

Page 7 ends

E. Phone Number
Jason Clement
President / CEO
600 Cleveland Street, Suite 910, Clearwater, FL 33755
[email protected]
210-382-4354

10. Certification of Proposal: *
The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.

Confirmed

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CITY OF PALM DESERT, CA
Palm Desert Aquatic Center

MANAGEMENT SERVICES
September 5, 2023

THE SPORTS FACILITIES COMPANIES // SPORTS FACILITIES MANAGEMENT, LLC

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MANAGEMENT AND OPERATIONS OF THE PALM DESERT AQUATIC CENTER

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1 SPORTS FACILITIES COMPANIES
Table of Contents
2 | A. COVER LETTER
4 | B. EXPERIENCE AND TECHNICAL COMPETENCE
• Firm Overview
• SFC Project Profiles
• References
15 | C. FIRM STAFFING AND KEY PERSONNEL
• Staff Qualifications
• Key Personnel
• Organizational Chart
• Subcontractors
25 | D. PROPOSED METHOD TO ACCOMPLISH WORK
• Human Resources & Accounting
• Legal & Risk
• Aquatics Leadership, Management, and Maintenance
• Marketing & Programming
• Revenue Opportunities
• Transition Timeline

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2 SPORTS FACILITIES COMPANIES
The Sports Facilities Companies (SFC) is thrilled by the opportunity to partner with Palm Desert on the management of your Aquatic Center. On behalf of our 2,500+ team members, I want to express our enthusiasm for the opportunity to partner with Palm Desert to serve and promote the welfare of your residents.

Our team is your team. We have put together the team with the most experience to serve guests with excellence, expand the community reach, and always maintain an environment of trust and safety. As a baseline, our team has great experience in what community’s consider “traditional pool management” consisting of maintenance, lifeguard staffing and risk management compliance. As you will see in our proposal, the success of the aquatic center will be the result of so much more than “traditional pool management." Success will be rooted in the experience we provide residents and guests and our team's ability to create an environment that allows visitors to create memories that will last a lifetime with their families.

To create this type of atmosphere, our plan is to:
• Create a destination. Placemaking, branding and creating a center of activity for social events, competition, and recreation is our specialty. We will do this through a multi-tier approach that starts with our involvement with the design team to create a unique, innovative environment custom built for Palm Desert. Our nationally renowned marketing and operations team will then create a comprehensive marketing campaign and delivering on unique experiences as outlined in this document.

This ensures that the facility opens with capacity in place and continues to drive higher attendance, new guests, and further reach every year.
• Deliver first class programs and guest experience. The proposed aquatics center will be an amazing asset for the community and has the ability to drive visitation to the area from guests outside the community. Our focus will be on delivering first class programming and guest experience through building custom, interactive programs build specifically for each type of guests. We will use well thought-out campaigns, events and programmings to create the center as the a central gathering place for the community.
• Improve financial performance and resources. Improving top line revenue by enhancing core service offerings and optimizing incremental revenue streams like food & beverage, sponsorship, child development and other activities. We manage cost-of-service based on industry benchmarks to maximize gross profit, and we contain fixed-expenses utilizing our buying power, vendor program and best-in-class maintenance experience. • Make collaboration our strategy. Community stakeholders, providers and complimentary program providers are important keys to our playbook. Transparent, accurate financial reporting, and annual strategic planning with City leadership will be a cornerstone to our collective success. You set the vision, goals and objectives. Our job is to put the strategic plan in place and execute to achieve your desired outcomes.

Your goals are our goals. Unlike other lifeguard staffing companies or pool maintenance providers, our models remove conflicts of interest by allowing the City to maintain control and influence decisions to be made in the Aquatic Center’s best interests. With SFC, we will not be learning on the job. You can trust we will accomplish your goals as proven through numerous examples of delivering all over the country for many years. It is our sincere hope this document is the first step toward a strong partnership between Palm Desert and The Sports Facilities Companies.

We are a Proven Partner. We know you are faced with a major decision. We hope that as you compare proposals, you will see through the fog of simple staffing companies, who haven’t actually taken on existing operations, transitioned existing staff in a community successfully, or do not have the business development and acumen to optimize the City's top recreation assets.

To empower your growth, we hope you value the stability, proven track record, existing network and infrastructure of proven systems and subject-matter-experts. We are purpose-built for third-party management engagements and are equipped to scale and serve on Day 1.

Dear Palm Desert Selection Committee:

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3 SPORTS FACILITIES COMPANIES
Vision. We believe this complex has the ability to be effectively serve Palm Desert and the surrounding communities. The activities and programming can provide a foundation of healthy and active lifestyles, which impacts positive behavior, aptitude, scholastic achievement, earning potential and more. Our mission is to “Improve the health and economic vitality of the communities we serve.” Our approach will be to leverage all of our in-house team and partners to help maximize the success.

You can count on us to act consistent with our core values:

1. Accountability. We perform and do what we say we will do. We will operate in the City's best interest to accomplish your goals.

2. Excellence. We are purpose-built to partner with the City on this project. We will represent Palm Desert with professionalism bringing the best-in-class trends, safety policies and systems to the City.

3. Service. We are passionate about the impact these programs and complexes make. Every SFC team member has a story about how sport and recreation formed them. This is the “why” we choose to serve each family and guest well. No matter the facility - aquatic center, splash pads and water feature – we will serve each guest with first-class programming, memberships, lessons, swim meets, social events, family activities concessions, and more.

4. Collaboration. Together we will reach the potential. We are one team: Palm Desert staff, leadership, SFC corporate leadership, venue staff, lifeguards, vendors, community stakeholders, guests, and more. Culture is defined as “what is normal”. At SFC, normal is communicating directly, ideating, innovating, and delivering for our internal and external customers.

Congratulations on your vision for this project. The remainder of the submittal is comprehensive and expands on why we believe SFC is uniquely positioned to help Palm Desert achieve the desired outcomes of the aquatic center. We hope our response resonates and the detail included provides the selection committee with enthusiasm for meeting the SFC team. As you review our proposal, do not hesitate to contact us with any questions. In addition, please read what our clients have to say about us. We are passionate about the impact these operations make in communities, and we are eager to contribute to the quality of life and quantity of economic vitality in Palm Desert!
Thank you for your consideration. We will serve you well! Sincerely,
Jason Clement, CEO and Founder
The Sports Facilities Companies
727-474-3845, [email protected]
Jim Arnold, Partner
The Sports Facilities Companies
404-984-6682, [email protected]

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4 SPORTS FACILITIES COMPANIES
B. Experience
and Technical
COmpetence

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5 SPORTS FACILITIES COMPANIES
Firm overview

PLAN & FUND

DEVELOP

PERFORM

SPORTS FACILITIES ADVISORY
Founded in 2003, SFA has served more than 3,000 communities and assisted with more than $15 billion in planned projects. Our plan-tofund approach means we can deliver much more than the industry’s leading research and financial forecast documents, we can deliver projects that are attractive to finance sources, capital partners, and municipal funding sources.

SPORTS FACILITIES DEVELOPMENT
The services provided by SFD were born out of customer demand for better alignment between facility design and operations. Our owner’s representation, procurement, and venue planning services not only achieve this goal by pairing proven operators with clients’ design teams, but save money in procurement, reduce risk, and streamline the process for everyone involved.

SPORTS FACILITIES MANAGEMENT
SFM is the youth and amateur sports industry leader in outsourced facility management. We are purpose built to serve the goals and visions of our clients and produce results. We are the ultimate partner for clients who want to maintain control of their assets without the headaches, expense, and risk of daily operations. Our proven performance has led us to represent the SFM Network, the largest and fastest growing network of sports and recreation facilities in the country.

YEARS IN OPERATION: 20 years
CORPORATE HEADQUARTERS:
600 Cleveland St. Suite 910
Clearwater, FL 33755
NUMBER OF EMPLOYEES: 2500+
CORPORATE STRUCTURE:

Limited Liability company (LLC)
COMMUNITIES SERVED: 3000+
SOUGHT-AFTER RESOURCE TO:
• International City & County Manager's
Association (ICMA)
• National Recreation & Parks Association
(NRPA
• Sports ETA (Sports Tourism)
• Aspen Institute Project Play 2024
SF NETWORK: 50+ Full-Time Managed Venues
thesfnetwork.com
MANAGEMENT CORE SERVICES:
• Facility Operations
• Start-Up Operational Development
• Operational Timelines
• Strategic Planning
• Revenue Generation Services
• Existing Facility Optimization
• Recreation Center Management
• Project Finance Strategy

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6 SPORTS FACILITIES COMPANIES
Below are several primary areas that demonstrate how our 20 years of experience makes SFC the best choice to operate the Palm Desert Aquatic Center.

Our experience makes us good. Our commitment to service & performance makes us GREAT.

THE sf network
The SF Network is the largest and fastest-growing network of sports, recreation, and events facilities, vendors, partners, and event owners in the country. Over the last 20 years, we have intentionally cultivated industry relationships with events owners to book our properties, vendors to save our clients money, associations to cultivate innovation and share our experience with our peers, and talented individuals to attract the industry's best to our team. Year after year we continue to invest and expand. Our network is an unmatched asset for the City of Palm Desert and the Palm Desert Aquatic Center.

Mature operations, processes, & leadership
As experienced operators, we know what it takes to perform - our reputation depends on it. Each year we create more than $250 million in economic impact through youth sports and events tourism. Our operations timelines, processes, and leadership are driven by real-world experience. Every challenge, opportunity, stumble and victory lives in and informs our work. If engaged by the City of Palm Desert, we will not be learning on the job; we will be using the culmination of our experience in over 3,000 communities on 70+ development projects and 2,500+ team members serving more than 25 million guests visits each year.

Experience-driven innovation
Innovation is only possible through mastery. Organizations new to the business of operating multi-sport assets cannot innovate like we can because they are still learning. If variety is the 'spice' of life then it is also the 'secret sauce' to management innovation. We have successfully opened, developed or operated community aquatic parks, local recreation centers, family entertainment centers, and aerial adventure/ zip-lines in addition to our extensive sports tourism portfolio. Because we have amassed a deep understanding of the total sports destination and client service, we can build on that experience to create unparalleled results and build collaborative partnerships with other industry leaders. We are obsessed with performing for our clients and impacting communities. Our guiding principle of "better every time" drives us to constantly explore best practices, efficiencies, revenue generation, and how to increase results. The City of Palm Desert will experience the SFC team as solutions-focused, high-achieving, collaborative and creative.

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7 SPORTS FACILITIES COMPANIES
Since 2003, the Sports Facilities Companies have been the preeminent resource in the sports tourism industry. We can attribute our success to three overarching factors:

The shared passion and commitment
of our 1500+ person team to our
mission, vision, and values.

The core belief that our company, our
venues, our industry, and our communities
are made stronger through collaboration.

We perform. We produce the
results our clients are counting
on and manage to their goals,
not ours.
1 2 3

SFC DIFFERENTIATORS
SFC is the ultimate choice for the City of Palm Desert: Proven, purpose-built & ready to build our partnership with you to grow the community.

SFC POOL-Specific
manager
Lifeguard
Management Co
Comprehensive in-house financial
reporting YES Possible
Risk Management Plan Development YES YES Possible
Specific Child Safety Training Program YES Possible Possible Lifeguard Hiring and Red Cross
Certified Training YES Possible Possible
Traditional Aquatic Programming
Experience YES YES Possible
Outdoor Pool Policies & Procedures YES YES
Community Engagement Planning YES
Leadership Development Program YES
Food & Beverage Services YES YES
Sponsorship Sales YES
Destination Event Promotion YES
In-House Comprehensive Marketing
Agency YES
Members Of Sports ETA YES
Operating partner of the International
County Managers’ Association (ICMA) YES
Corporate Support Staff based in
Dedicated Corporate Office YES Possible

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8 SPORTS FACILITIES COMPANIES
SPORTS TOURISM � COMMUNITY RECREATION � INDOOR

PROJECT STATISTICS & PERFORMANCE HIGHLIGHTS
Size: 160,000 ft²
Features:

Competition Pool & Warm-Up Pool Elevated Track
Indoor Climbing Area Indoor Turf Field
Fitness Center/Group Training Rooms Cafe, Concessions, & Meeting Rooms

FIRM ROLES & SERVICES
Advisory: Feasibility Report Development: Venue Planning FF&E Procurement
Management: Start-Up Operations Development
Brand Development & Marketing
Advisory Management
Recently opened in summer 2021, this is the premier destination for sports, recreation, and events in the Mid-Atlantic region. Bridgeport has a charming downtown and team-friendly accommodations. The complex includes nearly 160,000 square feet of state-of-the art competition and entertainment space, fitness center, and competition pool.

The Advisory Team conducted the initial Feasibility Report for the complex. During construction, the Development Team was hired for venue planning services and FF&E procurement. Due to their extensive work in the value engineering process, the Development Team was able to save nearly $1 million of the original $3.9 million FF&E budget. The Management Team was then hired for pre-opening services and an ongoing advisory management role.

THE BRIDGE

SPORTS COMPLEX

BRIDGEPORT, WV

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9 SPORTS FACILITIES COMPANIES
SPORTS TOURISM � COMMUNITY RECREATION � INDOOR

PROJECT STATISTICS & PERFORMANCE HIGHLIGHTS
Size: 100,000 ft2
Features:
25-yard, Six-lane lap pool 4 Basketball / 6 Volleyball Courts Family Aquatic Center Meeting & Event Space
Fitness Center

FIRM ROLES & SERVICES
Advisory: Financial Forecasting Development: Venue Planning Economic Impact FF&E Procurement
Management: Pre-Opening Management
Full-Time Management
When the SF Network team joined the City of Morristown on the development of Morristown Landing, the client had a very defined vision of what they wanted this facility to become. They envisioned the facility to be an indoor facility that provides residents with premier amenities to play, gather, and maintain a healthy lifestyle.

To execute this vision, the City of Morristown hired the Development team for their venue planning and FF&E expertise. The team’s efforts helped to re-envision the facility in a way that not only aligned with the client’s vision and goals but also increased revenue and operational efficiency. The Management team currently provides pre-opening services and will assume full-time management of the facility when it opens in Fall 2022.

MORRISTOWN LANDING

RECREATION AND EVENTS

MORRISTOWN, TN

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10 SPORTS FACILITIES COMPANIES
SPORTS TOURISM � COMMUNITY RECREATION � OUTDOOR

PROJECT STATISTICS & PERFORMANCE HIGHLIGHTS
Size: 17 acres
Features:
25-Yard Leisure Pool Water Slide & Splash Pad
Cabanas On-Site Kitchen
Zero entry areas Climbing Wall

FIRM ROLES & SERVICES
Management: Full-Time Management Financial Forecasting
Safety Training
Earning the designation as a 2021 Top 3 Amusement Park in Oklahoma City by Three Best Rated®, Pelican Bay Aquatic Center offers all things fun-in-the-sun, including open swim, lessons, party rentals, and more.

In 2015, and again in 2021, the City retained the team of SF Companies and to provide full-time management services for the first five years of operation.

Through aggressive social media and email campaigning and facility rebranding, SFC increased pool attendance numbers and profitability year over year while overseeing the daily maintenance and safety training, staff operations, programming, and swim lessons.

PELICAN BAY

AQUATIC CENTER

EDMOND, OK

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11 SPORTS FACILITIES COMPANIES
SPORTS TOURISM � COMMUNITY RECREATION � INDOOR/OUTDOOR

PROJECT STATISTICS & PERFORMANCE HIGHLIGHTS
Size: 120 acres, 100,000 ft2
Features:
4 Basketball / 8 Volleyball Courts Membership-Based Wellness Center 4 Baseball & 5 Softball Fields 16-Court Tennis Center
5 Multi-Purpose Fields Indoor / Outdoor Pool & Aquatic Center

FIRM ROLES & SERVICES
Advisory: Financial Forecasting Development: Venue Planning Program Planning
Management: Pre-Opening Management
Full-Time Management
Sand Mountain Park is an exceptional project in Albertville, Alabama, with 130 acres of sports, recreation, and entertainment areas. This facility offers a wide variety of both local use and sports tourism use for all guests to enjoy just over an hour north of Birmingham.

SFC’s role in pre-opening development includes business development, event booking, brand development and marketing, strategic planning, hiring and organizational structure definition. SFC was also contracted for FF&E and Venue Planning services including, fixture and equipment procurement and design consultation. SFC is engaged as the outsourced management solution for the entire 120 acre complex inclusive of sports tourism and local park and recreation programming.

SAND MOUNTAIN

PARK & AMPHITHEATER

ALBERTVILLE, AL

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12 SPORTS FACILITIES COMPANIES
COMMUNITY RECREATION � AQUATICS � INDOOR/OUTDOOR

PROJECT STATISTICS & PERFORMANCE HIGHLIGHTS
Features:
25 Meter Swimming Pool Large Pavillion
Children’s Water Playground Concessions
3,000 sq. ft. Fitness Center Locker Rooms

FIRM ROLES & SERVICES
Management: Financial Forecasting
Full-Time Management
Caporella Aquatic Center is located in Tamarac, FL and features a 25 meter swimming pool with a zero depth entry and avalanche slide. It also features a children’s water playground (sprayground), a 3,000 square foot fitness center, men and women’s locker rooms, picnic tables, a large pavilion, and a concession stand.

SFC’s role in management includes event booking, marketing, strategic planning, and full-time management of the aquatic center. SFC is engaged as the outsourced management solution for the entire center.

CAPORELLA AQUATIC CENTER

TAMARAC, FL

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13 SPORTS FACILITIES COMPANIES
COMMUNITY RECREATION � AQUATICS � INDOOR/OUTDOOR

PROJECT STATISTICS & PERFORMANCE HIGHLIGHTS
Features:

Natatorium with 2 Indoor Pools Outdoor 4,000 sq. ft. Recreation Pool 25-Yard/8-Lane Competition Pool Lazy River
60-Foot/4-Lane Warm-Up Pool Three Large Slides
25-Foot Tall Oil Rig Water Feature

FIRM ROLES & SERVICES
Management: Financial Forecasting
Full-Time Management
Artesia Aquatic Center is located in Artesia, NM and features two indoor pools as well as a large outdoor recreational pool in the shape of a bulldog. The outdoor pool has a zero depth entry, a lazy river, three large slides, and a 25-foot tall oil rig that shoots water out of the top. The pool deck has plenty of space to host family picnics and activities.

SFC’s role in management includes event booking, marketing, strategic planning, and full-time management of the aquatic center. SFC is engaged as the outsourced management solution for the complex.

ARTESIA AQUATIC CENTER

ARTESIA, NM

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REFERENCES
256-891-8240 Tracey Honea, Mayor
sandmountainpark.com
[email protected]
City of Albertville, AL
423-581-0100
morristownlanding.com
[email protected]
Craig Dishman, Former Director of Parks & Rec 972-948-9182 pelicanbayaquatics.com
[email protected]
City of Edmond, OK
Tony Cox, City Administrator
City of Morristown, TN

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15 SPORTS FACILITIES COMPANIES
C. Firm Staffing
and Key
Personnel

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Under Jason’s leadership, the SF Companies have opened
more successful sports and recreation venues than any
organization in the country. As an experienced advisor he has provided planning, strategy, finance, and operational leadership to projects throughout the world.

CEO & FOUNDER
JASON
Clement
SPECIALTIES:

SFC leadership and oversight,
long-term strategic direction, partnership
management
YEARS IN INDUSTRY: 21
The Sports Facilities’ firms have become globally recognized leaders focusing on transforming the health and economic vitality of communities around the world. As the Chief Executive Officer of SFC, Jason leads the strategic direction, culture, and service standards that define SFC in the public sector and private sector markets we serve.

Under Jason’s leadership, SF Companies recently launched new products to serve communities focused on economic development and the youth and amateur sports industry. The initiatives include an event company, new technology platforms, food & beverage and gaming options. The firm is also focused on merchandising, purchasing, and leveraging social capital to improve access to sport. Formally trained and licensed as an architect, Jason began his career in sports architecture before transitioning into commercial development and corporate real estate management. The experience was the spark to bring similar professional management services to the youth & amateur sports industry.

Jason is a passionate and faith driven contributor to causes that positively impact families and communities. He has founded, supported, and lead the growth as board chair to multiple organizations including Habitat for Humanity, Man Up and Go, Calvary Christian High School, Florida Small Business Development Center, and others.

NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
ICMA - Strategic Partner & Speaker
NRPA - Speaker
SportsETA - Featured Speaker & Content Contributor
Board Chair - Habitat for Humanity, Man Up & Go
Tampa Bay Business Journal “Hall of Fame”

NOTABLE PROJECTS
Aviator Sports & Events Center-Brooklyn NY Hoover Met Complex - Hoover, AL Pelican Bay Aquatice Center-Edmond, OK Spooky Nook Sports - Lancaster, PA Salvation Army KROC Center-South Bend IN Eugene Civic Alliance - Eugene OR The HUB Recreation Center-Marion, IL Panama City Beach Sports Park - PCB, FL Sand Mountain Park-Albertville, AL Paradise Coast Sports Complex - Naples, FL

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Ken is responsible for SFC’s Aquatics Venues nationwide, assisting our clients with operating and optimizing our indoor and outdoor pool facilities and water parks. His broad and successful career has spanned almost twenty years of operations, programming, training, marketing, budgeting and forecasting.

AQUATICS ACCOUNT

EXECUTIVE
KEN
COBB
SPECIALTIES:
aquatics staff development, partnership
collaboration
YEARS IN INDUSTRY: 13
Ken has served as an Aquatics Director to municipal and recreational pools, competition pools, country clubs, water parks and private and public aquatic centers. He has worked with the YMCA, the American Red Cross®, and The Pool & Hot Tub Alliance® as a Water Safety Instructor, Lifeguard Instructor, and is a Certified Pool Operator.

Ken is also an accomplished swim coach having been a coach member of USA Swimming® since 1984. Over his 20 years of coaching age group, senior club swimmers and high school athletes, he has produced multiple Junior Olympic qualifiers and finalists, state champions, junior and senior national qualifiers and college scholarship recipients. Ken maintains close ties to the competitive swimming world as a certified coach with the American Swim Coaches Association®, US Masters® Swimming, and USA Water Polo®.

His vast experience overseeing our aquatics venues provides our clients the operational and programming expertise to appropriately serve their members and guests.

NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
Certified Pool Operator (CPO®)
American Red Cross® Water Safety Instructor® (WSI)
American Red Cross® Certified Lifeguard Instructor
American Red Cross® CPR, First Aid and AED Certified
Certified Coach Member of USA Swimming® Since 1985
American Swim Coaches Association® [ASCA] Level 3 Certification Certified Masters Coach with United States Masters Swimming® [USMS] Certified CPR, First Aid and Safety Training for Swim Coaches

NOTABLE PROJECTS
Adventure Cove Water Park - Abilene, TX
Artesia Aquatic Center - Artesia, NM
Caporella Aquatic Center - Tamarac, FL
Pelican Bay Aquatic Center - Edmond, OK

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Marina has over thirteen years of experience in aquatics and programming, including experience with the YMCA and the Oklahoma City Parks and Recreation Department. Marina
brings her enduring passion for aquatics and enhancing
the local community to her role as the General Manager at Pelican Bay Aquatic Center in Edmond, OK.

AQUATICS SPECIALIST
MARINA
Wells
SPECIALTIES:
staff development & training, programming,
aquatic operations
YEARS IN INDUSTRY: 13
In this position, Marina leads all components of daily operations for the seasonal water park.

She ensures that best practices are implemented in the areas of safety, customer service, business development, staff development, risk mitigation, programming, and marketing and branding.

Additionally, Marina attended Texas Tech University and is a certified aquatics facility operator and lifeguard instructor for the American Red Cross.

Edmond’s Pelican Bay Aquatic Center is 17+ acre park that includes two 150 ft water slides, diving boards, a current channel, a climbing wall and a slide splash pool. Programming at Pelican Bay includes swim lessons, lifeguard certification, and aqua fitness as well as numerous special events throughout the season. The Center also has bathhouses and a concession area at the Pelican Bay Cafe Snack Bar and offers private rental for parties and events.

NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
Certified Pool Operator (CPO)
Aquatic Facilities Operator (AFO)
Lifeguard Instructor (LGI)
Lifeguard Management

NOTABLE PROJECTS
Pelican Bay Aquatic Center - Edmond, OK
*City of Oklahoma City Parks & Recreation Department
*YMCA

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19 SPORTS FACILITIES COMPANIES

NATIONAL DIRECTOR OF

BUSINESS DEVELOPMENT
JIM
ARNOLD
SPECIALTIES:
business development, program
planning, sustainability
YEARS IN INDUSTRY: 19
EDUCATION:

BS, Business Administration
St. Bonaventure University
MBA
St. Bonaventure University
Jim is widely recognized as one of the leading designers and developers of youth sports complexes in the United States.

In his role as the National Business Development Director, Jim Arnold leads the expansion of the SF Network of sports and recreation destinations across the country.

With over 18 years of experience in the industry, Jim has overseen the planning, design, development, and operations of many of the most innovative and successful facilities in the country.

Notable has been his role in the development and growth of two of the largest brands in youth sports, Ripken Baseball and Sports Force Parks. As part of this role, Jim was instrumental in developing the company’s youth facilities from one park to three, with the additions of the Ripken Experience Myrtle Beach and the Ripken Experience Pigeon Forge.

Jim’s projects are highly regarded for their ability to drive profitability throughout creative design and self-operations.

While his career has been focused primarily on youth sports facility development, Jim has been involved in projects that touch all levels of sports across the world. From his role in the design of SRP Park (2018 Minor League Baseball Ballpark of the Year) to overseeing the development of a country-wide growth and development strategy for New Zealand Baseball; his experience across the sports landscape has an influential role in helping clients develop the most innovative, unique and sustainable sports facilities in the industry.

NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
2019 Connect Sports Game Changer
Baltimore’s 35 Under 35
MILB Stadium of the Year
Champion of Economic Impact

NOTABLE PROJECTS
Cyclone Ballparks - Pecos, TX
The Basin Sports Complex (UTPB) - Odessa, TX
Ballparks of America - Branson, MO
Paradise Coast Sports Complex - Naples, FL
Cornerstone Sports Park - Starkville, MS
Elizabethtown Sports Park - Elizabethtown, KY
Ripken Experience - Myrtle Beach, SC; Pigeon Forge, TN; Aberdeen, MD* *Please note: Projects completed prior to joining the firm.

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A driven collaborator and team leader, Ashley sits at the intersection of brand strategy, marketing, and sales. With award-winning creative work and proven strategies, Ashley brings with her a track record of success to every project and campaign. Clients get the benefit of SFC’s in-house marketing and branding “agency” led by Ashley.

PARTNER & VP, MARKETING
ASHLEY

WHITTAKER
SPECIALTIES:
marketing strategy, brand development,
business development
YEARS IN INDUSTRY: 14

EDUCATION
BA Industrial Design
University of Illinois
Ashley leads corporate business development and marketing for the Sports Facilities Companies as well as the SFC Facility Marketing Department which is responsible for the marketing, branding, and project management of SFM Network facilities. Under her leadership, inbound leads and inquiries have more than tripled, SFC’s firms have been featured in major media outlets such as HBO, TIME, and Wallstreet Journal, and SFC leadership is regularly sought out for interviews and speaking engagements.

As the leader of SFC’s in-house agency, Ashley and her team develop engaging brands, results-driven marketing strategies, and bring proven solutions to SFC clients. In 2019, Ashley created and launched the SF Network platform which drives online booking, brand awareness, and creates cooperative marketing activations for all the facilities in the SFC portfolio.

Ashley comes from a background in product design with Gill Athletics, the largest and oldest manufacturer of track and field equipment in North America and Porter Athletic, the basketball/volleyball heritage brand. Her unique blend of design thinking, leadership, and marketing strategy lends itself well to serving SF Network and SFC clients.

NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
SFC “MVP” Award Winner
#StrongerTogether SportEvents Sales & Marketing Committee Guest Lecturer, University of Northern Iowa
Gold & Silver ADDY Awards for Design
Conference Speaker: ICMA, MRPA, US Indoor

NOTABLE PROJECTS
Hoover Metropolitan Complex, Hoover, AL
Iron Peak Sports & Events, Hillsborough, NJ
Cedar Point Sports Center, Sandusky, OH
The Hub Recreation Center, Marion, IL
Rocky Mount Events Center, Rocky Mount, NC
Horizons Edge Sports Campus, Harrisonburg, VA

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An energetic and results-driven financial leader, Bob has guided teams that perform finance functions for some of the world’s largest companies. Bob takes his experience developing and implementing financial processes at the
highest level and his experience in a diverse set of industries to his role as Chief Financial Officer for SFC.

PARTNER & CFO
BOB
STOUT
SPECIALTIES:
financial forecasting, budget creation, risk
management
YEARS IN INDUSTRY: 20
Bob has extensive experience developing and implementing financial processes, systems, and controls for some of the world’s largest companies, including Walmart, Inc. He has a proven record of achievement in E-commerce, real estate development, and retail. Through his work, Bob has managed planning, forecasting, and reporting (external and internal) for multiple segment levels and corporate support areas, and has driven productivity and improved bottom-line results. Bob has in-depth experience leading acquisition due diligence and negotiations, including lease and contract reviews, best practice analysis, risk assessments, and valuations. Prior to joining the SF Companies, Bob served in a number of roles over a 10-year span at Walmart, Inc. As CFO, Bob led the finance and accounting teams for Walmart’s $3 billion e-commerce business (walmart.com) from 2008-2010.

From 2012 to 2019, Bob also served as a city councilman and, then, as the mayor of the city of Little Flock, AR. This role provided Bob with experience in municipal budgeting, governmental fund accounting, state audits, and FEMA disaster application development and administration.

Bob joined the SF Companies as the Chief Financial Officer, overseeing corporate and SF Network venue finance teams. Bob also oversees risk management and major corporate growth initiatives.

RELEVANT PROJECTS
Horizons Edge Sports Campus - Harrisonburg, VA
Sand Mountain Park & Amphitheater - Albertville, AL
Bridgeport Recreation Complex - Bridgeport, WV
The Highlands Sports Complex - Wheeling, WV
Rocky Top Sports World - Gatlinburg, TN

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Tami is a dedicated human resources leader with a proven track record of building systems for attracting and retaining top talent and supporting the development of proactive work cultures for companies of various sizes and industries. Tami takes her experience building high-performing work forces to her role as VP of Human Resources for SFC.

VP, HUMAN RESOURCES
TAMI
Swanson
SPECIALTIES:
talent acquisition, employee
performance oversight,
professional development
YEARS IN INDUSTRY: 21
In this position, Tami leads all of aspects of human resources from hire to retire, talent acquisition, payroll, benefits, and training and development. Her expertise in team development creates a talent pipeline for SF Network venues. Additionally, Tami is committed to creating an environment that is warm and welcoming to all team members through approachability, kindness, and respect.

Tami began her career in retail operations where she held several leadership roles. Her passion for helping team members reach their professional goals led to her transition into human resources. Since then, she’s made a large impact on the organizations she’s worked with by increasing the levels of employee engagement and continuous process improvement.

NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
Senior Professional in Human Resources Certification (SPHR) Society of Human Resource Management – Certified Professional (SHRM-CP)

NOTABLE PROJECTS
Cedar Point Sports Center - Sandusky, OH
Publix Sports Park - Panama City Beach, FL
Community First Champion Center - Grand Chute, WI
Elizabethtown Sports Park - Elizabethtown, KY
Iron Peak Sports & Events - Hillsborough, NJ
Ballparks of America - Branson, MO

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Bruce has 26 years of law practice experience and has
taught and lectured on Sports Law topics during most of that time. He has worked in professional sports for the Indianapolis Colts, collegiate athletics at the University of Kentucky and as a volunteer leader for numerous local, state and national youth sports organizations and events.

GENERAL COUNSEL
BRUCE
Rector
SPECIALTIES:
risk management & insurance
guidance, legal counsel
YEARS IN INDUSTRY: 26

EDUCATION
University of Kentucky
He also served as the 58th president of Junior Chamber International (JCI), a 200,000-member organization of young leaders and entrepreneurs from over 100 countries.

Prior to joining SFC, Bruce was President of KBA Sports, Inc., in Lexington, Kentucky where he led a team of professionals in organizing, hosting, and managing large sports and recreation programs including regional and national championship tournaments. In his final year at KBA Sports, the organization attracted over 500,000 visitors for various tournaments and events.

An inspiring speaker, trainer and author on leadership topics, Bruce is the author of Monday Morning Messages: Teaching, Inspiring and Motivating to Lead (Xephor Press 2005). He currently serves on the board of trustees at the University of the Cumberlands and is also active in a number of non-profit organizations in the Tampa Bay area.

NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
University of the Cumberlands Board of Trustees
Leadership Pinellas
Clearwater Regional Chamber of Commerce

NOTABLE PROJECTS
Rocky Top Sports World - Gatlinburg, TN
Myrtle Beach Sports Center - Myrtle Beach, SC
Elizabethtown Sports Park - Elizabethtown, KY
Publix Sports Park - Panama City Beach, FL
Rocky Mount Event Center - Rocky Mount, NC
Bo Jackson’s Elite Sports - Hilliard, OH
Pelican Bay Aquatic Center - Edmond, OK
Ballparks of America - Branson, MO

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Project Team: Organized to create results
Ashley Whittaker
VP of Marketing
Bruce Rector
Legal Compliance
Risk Management
Ken Cobb
Aquatics Design
Subject Matter
Expert
City of Palm Desert
Sports Facilities Companies
TBD
Onsite General
Manager
Jason Clement
CEO
Bob Stout
Finance & Accounting
Tami Swanson
Human Resources
Team Development
Michael Kelly
Executive Vice President
TBD SFC will conduct a national
search inclusive of existing staff
and personnel within the SFC
ecosystem in effort to find the
top candidate. The City will
have ultimate veto and approval
authority for this role.

Jim Arnold
Partner,
Business Development

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25 SPORTS FACILITIES COMPANIES
D. Proposed
Method to
Accomplish the
Work

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26 SPORTS FACILITIES COMPANIES
SFC is comprised of a dedicated corporate team of over 60+ employees to support Palm Desert staff with subject-matter expertise, real-time operational assistance, and database of proven strategies from our existing facilities within the SF Network.

One Team, One Network
People are the lifeblood of any organization, but it is never truer than in a recreation and aquatics facility. Our People & Culture team is dedicated to ensuring all 1500+ SFC team in the SF Network have the support, development, and leadership they need to be successful.

We also manage the tactical and operational elements of traditional HR duties.

For Palm Desert, our People & Culture team will provide:
• Recruiting/Talent Acquisition Services for the Aquatics Director and Seasonal Lifeguards
• Document Resources including Employee Handbooks
• Benefits Management
• SFC Cultural Onboarding
• Ongoing Leadership Training & SFC Summits
• Staff Change Management
• Succession Planning
Staff Training & Development
SFC full-time facility staff have custom onboarding plans and leadership training at our corporate headquarters in Clearwater, FL. At HQ, they have access to our specialty support departments within their first month with SFC. For the Aquatics Director, SFC also hosts onsite leadership training at our Spring GM Summit and the SFC Leadership Summit each fall. These events offer time for best practice sharing among all senior leadership in the SF Network as well as new policy roll-out, process/change review, best practices, inspirational speakers, and more tactical development sessions (e.g. booking best practices).

SFC also utilizes training programs for our applicant tracking system and hiring, performance management, benefits, payroll, and more.

Finance

ANNUAL BUSINESS PLAN
Each year SFC will facilitate an in-depth strategy session with the City and facility staff to refine and expand the definitions of success and desired outcomes. This is especially important over the first few years as future phases are developed. This discussion can also include how other parks and recreation assets in the City can fit into the overall short-term and long-term operational strategy.

ANNUAL OPERATING BUDGET
Using the annual business plan as the foundation, SFC will work with the City to create a detailed annual operating budget. SFC’s proven budgeting process based on expected revenue provides the framework for the most successful and profitable operating model possible. The budget may be adjusted over time in coordination with the City as partnerships are developed and opportunities are discovered based on current market and community conditions, while still referencing the original pro forma. The City will have full authority over the operating budget and it will not be finalized until it receives full City sign-off and support.

MONTHLY VARIANCE REPORTING
With SFC your facility will undergo a rigorous monthly “Budget Versus Actual” (variance) review. Led by your Account Executive and General Manager, SFC will perform a monthly top-to-bottom review of the operation including a line item review of “Budget vs.

Actual” results. The process includes a review of the prior month performance, a forward-looking discussion of critical action items, marketing initiatives, and a pace-to-goal session. This “variance” process drives performance and accountability while providing the facility team with the expertise and resources of SFC advisors human resources & accounting

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27 SPORTS FACILITIES COMPANIES

RISK MANAGEMENT
& safety
Insurance Policies:

SFC carries comprehensive insurance policies at all of our venues that meet or exceed the standard insurance requirements. Depending on the facility and management structure, these coverages may include: accident, general liability, workers’ compensation, auto, and property insurance. Due to SFC's extensive list of unique facilities and features, we are also capable of sourcing innovative insurance solutions for aquatics venues.

Waivers & Agreements
SFC’s risk management program includes waivers and agreements for facility participants, subcontractors, and event owners to mitigate or transfer the financial responsibility if an incident should occur. Examples of these waivers are: participant waiver and release of liability, medical consent form, image release, facility use agreements, sub-contractor and vendor agreements.

Facility Policy & Procedures:

SFC facility staff is routinely trained on SFC’s risk management policies and procedures and the appropriate resources to use when if an incident does occur. This includes:
• Daily Facility Walk-Throughs
• Equipment Inspections
• Kitchen Safety
• First Aid
01 02
03 Our aquatics risk management program is broken down into 3 important elements:
• Accident Reports
• Fire and Severe Weather Policies
• Fall Prevention

SPORTS FACILITIES COMPANIES

RISK MANAGEMENT EXPERIENCE
SFC's in-house facility legal, risk management and insurance program team has 30 years of experience in teaching and lecturing at universities on sports risk management topics and working with clients to minimize risks, manage claims and control costs. We understand the increased licensing, regulation and monitoring needed for higher risk activities such as aquatics have years of experience with compliance and staying ahead of safety and risk management trends.

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28 SPORTS FACILITIES COMPANIES
The SFC team is uniquely suited to serve our
community aquatics team. Our background,
experience, and culture allow us to find solutions
and generate results where others may not.

At SFC we recognize that the management of the Palm Desert Aquatic Center is a large investment of time and resources of the City. We don't take the responsibility to operate and optimize this tremendous community asset lightly. SFC have a purpose built solution to help achieve your desired outcomes for the aquatic center. SFC attracts talent that would not otherwise work in the venues we oversee. This is the result of our mission, national reach, reputation, culture, network of relationships and the unique development and career opportunities we offer. We recruit from the recreation, sports and aquatic, and hospitality and events markets and will place the most qualified Aquatics Director. Our dedication to collaboration ensures our team, the City of Palm Desert, and the Palm Desert Aquatic Center visitors all benefit from this collective expertise. The local SFC account leadership is supported by departments of subject-matter experts to provide Palm Desert with the resources needed for success.

The SFC - Palm Desert Aquatic Center Director will:

SFC Aquatics director
& Account leadership
• Be responsible for all seasonal employee interviews, hiring, orientations as well as terminations, worker’s compensation claims, and unemployment claims.
• Coach and counsel team members on park procedures and protocol to ensure the best possible customer service for guests.
• Assist and advise park ownership/management in the creation and implementation of operating policies and standards that affect all departments.
• Develop and sustain a safe, efficient, professional, respectful and courteous culture within the park.
• Oversee the implementation and execution of department training programs to achieve and exceed compliance with industry standards.
• Directly supervise facility employees including: scheduling, training, and performance goals.
• Conduct investigations to respond to reports of harassment, complaints, and violations of company policy/legal regulations. • Responsible for departmental forecasting, budgeting,
purchasing, invoicing and inventory processing.
• Oversee and run all forms of social media and marketing with the assistance of the SFC Marketing Team.
• Plan, organize, and control all extra-curricular activities for the park, to include employee events, fundraisers and employee incentive programs.

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29 SPORTS FACILITIES COMPANIES
POOL Maintenance & Chemical Program
Aquatic facilities require periodic maintenance, and
without a sound approach to planning and managing
maintenance, a facility may fall into disrepair at an
alarming rate, requiring repairs far more costly than
anticipated. Preventative maintenance is far more
important and far less costly in protecting the various facility systems and components involved in operating
an aquatic center. While we understand that the City of Palm Desert contracts with a third party to provide facility maintenance, SFC staff will be fully trained and aware of the daily maintenance needs to operate the aquatic center efficiently, report on issues, and provide work orders to the maintenance firm.

PREVENTATIVE MAINTENANCE PLAN
SFC will provide a preventative maintenance plan for the Palm Desert Aquatic Center. Our engineering and operations specialists will evaluate the aquatic center’s equipment and systems to determine maintenance needs and provide a standard operating procedure on how each piece of equipment will be maintained. Our team will also and identify any specialty equipment required to complete planned maintenance activities.

MAINTENANCE BUDGET
Utilizing decades of experience providing maintenance budgets and proformas for aquatic centers, SFC will provide a maintenance budget based on pool size, features and maintenance needs of the Palm Desert Aquatic Center. SFC will also provide an outlay of predicted capital maintenance needs over the next 5 – 10 years to ensure the facility looks and operates like it did on opening day.

MAINTENANCE STAFFING
SFC will train the on-site staff in the operations of the aquatic center systems and preventative maintenance tasks. Additionally, SFC will train staff to inspect and document daily, weekly and monthly maintenance checks for each piece of equipment at the aquatic center to ensure each piece of equipment operates as designed and as long as possible. SFC will work with the third-party maintenance firm to ensure all training is in line with expectations of reporting and work order preparation for repairs.

CHEMICAL APPLICATION
SFC will determine the appropriate application of chemicals to the aquatic center. Each chemical delivery system has a different maintenance protocol, product availability and operational considerations for the aquatic center. Our team has experience in maintaining and operating all commercially available chemical delivery systems and will train maintenance staff to operate each system as designed. SFC anticipates the following non-exhaustive list of chemicals to be utilized at the aquatic center:
• Disinfection
◦ Chlorine (in one or multiple of it’s delivery forms)
• pH Control
◦ Muriatic acid (reduces total alkalinity)
◦ Carbon dioxide
◦ Sodium Carbonate (Soda Ash) raises the pH
• Sodium thiosulfate – chlorine neutralizer
• Calcium Chloride raises the calcium hardness
• Sodium Bicarbonate raises the total alkalinity
• Potassium Monopersulfate is a non-chlorine oxidizer
All maintenance staff will be trained as qualified pool operators and will be trained in the safe handling of hazardous chemicals.

Free Chlorine, pH, temperature, and ORP readings will be completed regularly, multiple times a day. Combined Chlorine will be tested a minimum of twice a day and recorded on the water test report. A full water balance report will be done once a week and will provide the pool personnel with the necessary information to make chemical adjustments to keep the pool well maintained and safe for swimmers.

Water chemistry controllers assist pool operators by monitoring the ORP (Oxidation Reduction Potential) and the pH in the respective pool. These controllers do not take the place of manually testing the water by staff. Maintenance worker will be responsible for comparing the manual test results with the readings on the controller and make the necessary adjustments. SDS (Safety Data Sheets) will be provided for each chemical used at the aquatic center.

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30 SPORTS FACILITIES COMPANIES
SFC will provide Palm Desert Aquatic Center with
a programming package that not only maximizes
participation within the community, but also the City's desired revenue goals.

Swim Lessons
Both group and private lessons will continue to be made available at the facility. The facility program brochure will list all class times and fees. All program fees currently in place will be reviewed, current scheduling assessed, and any changes will be reviewed, and ultimately approved, by the City of Palm Desert. As with all other programs, the least possible disruption to current service offerings is the goal of SFC during the transition period.

Party Programming
Private Parties
Private parties are typically made available after the facility closes.

Reservations, secured with payment, must be made at least one month in advance (subject to availability). There is a limit of one party per day per area. Lifeguards are provided with each reservation.

Birthday Parties
In addition to private party rentals, the aquatic center can offer Birthday Party packages for youth and adults. Dedicated time slots will be available to rent for birthday parties each week. Party fees will include the rental of the space and a charge for each person joining the party. Additional options for food and drinks are also available.

Additional Programs
• Water aerobics, Aqua fit classes
• Scuba diving certification classes
• Red Cross Lifeguard Certification
• Arthritis, MS, or other Focused Wellness Classes
• Yoga, Spin, or other Group Fitness Classes
• Water games
existing service providers
The first thing SFC will do if selected to manage the facility is to work with the City of Palm Desert to analyze all existing programming organizations, leagues, teams, schools, etc., Schedules, fees, and revenue will be assessed to understand the constraints of each program, the ability to improve revenue generation, and assess how best to utilize the aquatics facilities.
facility
programming

COMMUNICATIONS
& MARKETING

A PROVEN MARKETING APPROACH FOR THE

CITY OF PALM DESERT
SFC’s marketing approach is designed to identify, engage, convert, and delight prospective customers. It’s this approach that we weave into an annual marketing strategy and 30, 60, and 90 day action planning. The annual marketing plan will be developed collaboratively with SFC headquarter subject matter experts, Palm Desert Aquatics Marketing Strategy
& Annual Campaign
Development
Graphic Design Asset &
Tool Development
On-Site Delivery, Strate- gy Review & Marketing
Training
Marketing Campaigns
Marketing is about reaching your target market with the right message and the right time. SFC's marketing team will utilize industry best practices to bring proven campaigns to Palm Desert Aquatic Center.

Utilizing traditional seasonal schedule, we create awareness for programs, engage in online and grassroots environments, and convert users to customers.

The messaging and creative design for these campaigns will be custom and will benefit from a strategic, results-driven marketing approach, demonstrating a proven ROI on marketing dollars.

Supported By Award-Winning Creative
SFC's marketing approach is supported by our award-winning in house creative team. From leading a collaborative brand development process to producing marketing collateral, our designers offer a wide ray of creative services. Our work is highly custom to support the City of Palm Desert including supporting your vision and goals for public perception, brand position, market awareness, and generating brand affinity.
• Sales Support Collateral
• Website Creative Direction & Project Management
• Brand & Graphic Identity Development
• Retail & Promotional Items
• Marketing Materials: Flyers, Program Guides, Facility Guides • Video Creative Direction & Project Management

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31 SPORTS FACILITIES COMPANIES

REVENUE OPPORTUNITIES
Food & BEVERAGE OPERATIONS
Food and Beverage has the ability to be the singular most important revenue stream for any facility. The is no other revenue stream that has the ability to drive significant revenue to the facility while at the same time having the ability drive the overall guest experience. For Palm Desert, SFC is proposing full food and beverage operations as part of our management services. Our team is at the cutting edge of food and beverage development in the recreation industry, driving record spending and maximizing ROI in our venues.

In addition to our corporate resources, our model allows the Palm Desert operations to keep 100% of revenues. SFC has implemented successful food and beverage operations in
venues that range from full kitchens to those with no existing concession revenues. Our team will get creative with Palm Desert to maximize revenue and guest experience with the existing assets in place.

Palm Desert Aquatic Center Revenue Opportunity
Operations Venue Revenue Share
3rd Party Concessionaire 25 - 30%
SFC Operations 100%

SPONSORSHIP & NAMING RIGHTS
Our team and approach have sold more naming rights for
amateur sports facilities over the past 18 months than any other firm in the industry. Third party sponsorship companies charge in the range of $7,500/month and upwards of 30%
commission. SFC provides an all-inclusive approach to
sponsorship sales to the aquatic center as part of our
management services.
• Inventory assessment
• Sponsorship & naming rights valuation
• Strategic planning
• Collateral development
• Negotiation & contracting
• Retainment & renewal
Our unique perspective and process to maximizing
sponsorship revenue will drive additional revenue and local engagement opportunities within the aquatic center. Our corporate services team combines resources and approach with our in-market team to create a custom, venue specific plan for the facility.

PUT-it ON THE LIST
One of the biggest issues that aquatic facilities face around the country is simply getting their brand, programs and offerings out in front of area residents. This is where SFC's ability to be more than just a facility manager or lifeguard management company comes into play. Along with the marketing focus described on the previous page, SFC's management is tasked with putting together a full schedule of creative programming - attracting guests and visitors for water-based and non-water based programs alike.

Internally, we simply call this: "Putting the venue on the list." When a local resident or family is looking for something to do in the evening or on a weekend, we want the Palm Desert Aquatic Center to be one of the locations that they, "check-out." The ability to do this is driven by a mix of creative programming (foam parties, doggie days, movie events) and routine weekly events (live music, food truck fridays, etc.)

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32 SPORTS FACILITIES COMPANIES
FIRST 30 DAYS

1. Immediate (48 Hrs) - Introductory Web Call
a. Introductions
b. Clients introduce facilities to SFC Team
c. Transition expectations
d. Schedule in market “kickoff meeting” - discussion &
goals

2. In Market Operations Kickoff (Week 2/3)
c. SFC inquiry – learn history and goals of each location d. Introduction to SFC Operations
e. Key Performance Indicators (KPI’s) & financial
history review
f. Interview staff

3. Pre In-Market Kickoff Work - Ongoing

4. Programming Evaluation
a. Membership
b. Local programming -
c. Tournaments / competitions
d. Parties & entertainment
e. Rentals
f. Corporate partnerships

5. Revenue, Expenses, Margins Review
a. All revenue streams (i.e., programming, sponsor,
F&B, membership, etc.)
b. COGS vs Expenses
c. Margins & profit

6. Marketing Assessment
a. Brand
b. Website
c. Digital
d. Social

7. Partnerships & Relationships
a. Corporate
b. Municipal
c. Community
d. Vendor
e. Industry

8. Facilities & FFE Review
a. Facilities condition assessment
b. Maintenance review (service history, contracts)
c. FFE condition review

MANAGEMENT TRANSITION TIMELINE

9. Business Disciplines Review - Standard Operating
Procedures (SOPs)
a. Operations
b. Marketing
c. Programming
d. Finance
e. Safety / Risk Mgt
f. Legal
g. Human Resources / Training
h. Systems

10. Systemic Infrastructure Review

11. Financial Management – Accounting & Bookkeeping,
Capital Plan, Banking, Etc.

12. Legal – Current Contracts, Entity Structure,
Insurance (Property, Liability, Work Comp), Etc.

Days 30 - 45

1. SFC will provide Client recommendations for all
areas of business operations

2. SFC will present Client a full action plan for transition of operations
Days 45+

1. SFC will provide management and oversight of
facility operation teams with support on a weekly
and monthly basis at the Ownership level, GM/
Director level, and management-level staff.
b. Lead weekly management calls for business
development & operations with the Client
c. Participate in “Monthly Executive Review” meetings
(facilities performance review)
d. Facilitation of an Annual Business Plan for SRCT
utilizing input and current research from SFC
regarding current trends in the market and industry
e. SFC assist in creating a budget, business plan, and
marketing action plans
f. SFC will provide regular support where needed,
including supplier recommendation, new software or
any other services that may assist facility operations
SFC understands that in any situation where management changes, there is a need for consistent communication, clear delineation of next steps, and a developed plan for both short-term and long-term facility needs. With extensive experience assuming management responsibilities, SFC has a proven track record of success ensuring there is no disruption in service to guests, a clear transition for employees, and an open line of communication at all times.

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CITY OF PALM DESERT, CA // 2023-RFP-206

MANAGEMENT & OPERATIONS OF THE
PALM DESERT AQUATIC CENTER-Cost proposal
September 5, 2023

THE SPORTS FACILITIES COMPANIES // SPORTS FACILITIES MANAGEMENT, LLC

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ii SPORTS FACILITIES COMPANIES
FULL-TIME MANAGEMENT*
Year 1 - $264,000 per year, Estimated Staffing Allowance of $900,000** Year 2 - $277,200 per year, Estimated Staffing Allowance of $945,000** Year 3 - $291,060 per year, Estimated Staffing Allowance of $992,250** Year 4 - $305,613 per year, Estimated Staffing Allowance of $1,044,862.50** Year 5 - $320,893.65 per year, Estimated Staffing Allowance of $1,093,955.63** Pricing above reflects a 5% year-over-year escalation.

Deferred management incentive of 10% of EBITDA above $100,000 per year. *This fee reflects the day-to-day management of the facility and includes daily operations, event setup, risk management procedures and training, general pool maintenance, events booking, local programming, marketing, financial reporting, and more. This fee does not include labor, materials, tools, equipment, services, and incidental and customary work per item 3.1.1 of the City of Palm Desert Professional Services Agreement.
**SFC will work with the City of Palm Desert to establish a working budget that reflects strategies and opportunities to meet the City's goals for service and financial performance, i.e. net operating income inclusive of SFC's management fees as outlined above.

As an immediate action item, SFC will perform an operational audit to identify opportunities to improve revenue generation and cost containment strategies. Cost containment strategies will focus on all aspects of operating the aquatic center with a particular focus on reviewing the operating schedule and required lifeguard staffing model to ensure that we are maximizing the safety of guests while controlling the expenses associated with lifeguards.

We are excited about the opportunity to discuss the benefits of SFC's model with the City of Palm Desert and open to adjusting fees and approach as needed to ensure that we are meeting the needs of the City.

SPORTS FACILITIES MANAGEMENT, LLC
Based on the RFP, it is our intention to work with the City to ensure alignment between our scope and the most effective suite of services for the project. SFC is built on collaboration and we look forward to working with the City to align SFC’s approach and proposed compensation with the City of Palm Desert's desired financial and operational outcomes.

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iii SPORTS FACILITIES COMPANIES
With SFC's Full-Time Management (FTM) services, the Palm Desert Aquatic Center will get day-to-day oversight of all aspects of the venue including:
• Daily operations, maintanence, and management
• Sales
• Staffing (including training and certification)
• Scheduling
• Program Development and Management
• Monthly Financial Reporting
• Human Resources Oversight
• Legal and Risk Management Advisory Services
• Bookkeeping
• Local marketing initiatives to drive community events and pool memberships
SFC's approach is much more robust than simply "opening the pool and staffing lifeguards." Our robust management solution will drive a better guest experience and greater financial outcomes for the City of Palm Desert.

Personnel and Human Resources Services
Sourcing, hiring, developing and retaining good people is the key to our organization. It begins with building a team that understands and lives our values of accountability, excellence, collaboration, and service. Our team truly cares about the operational outcomes and fights for the goals set forth by our clients. This will be the case at Palm Desert, and we only place personnel fully committed to your success.

The SF Network was developed with the idea that facilities can be more successful when banded together to leverage resources and people. If managed by SFC, Palm Desert Aquatic Center and the City of Palm Desert will have access to resources and human capital that will reduce the burden on the City and create capacity of the on-site team. This ultimately provides better programming opportunities for the community and returns a greater ROI for the City.

SFC's Human Resources Services:
• Employee recruiting, training and retention
• Annual customer service and multi-cultural training
• Development of facility specific handbook
• Employee diversification, development and training
• Annual plan
• Schedule development
SFC's Network of General Managers
The SF Network was developed with the idea that facilities can be more successful when banded together to leverage resources and people. Only SFC General Managers (including Palm Desert Aquatics Director) are part of the SF Network of GMs. This means that Palm Desert Aquatic Center will be led by an Aquatics Director that participates in the SFC weekly teleconference and/or Zoom meetings with other SFC-employed GMs and the team of SFC operations advisors. This call requires each facility manager to report in on the progress they are making against established goals and it provides opportunity for each of our GMs to seek perspective from other managers who are dealing with or have already overcome similar challenges. All of these centers deal with similar challenges and opportunities inherent to the sports/fitness/ recreation/entertainment facility industry. These managers are also benchmarked against one another and against the highest revenue producing and highest EBITDA-producing facilities in the country.

Transparent Financial Reporting
With SFC, Palm Desert will undergo a rigorous monthly “Budget Versus Actual” (variance) review. Led by a full-time SFC Management Advisor, your GM, leadership team, and staff will be part of a monthly top-to-bottom review of the operation including a line item review of “Budget vs. Actual” results. The process includes a review of the prior month performance, a forward-looking discussion of critical action items, marketing initiatives, and a pace-to-goal session. This “variance” process drives performance and accountability while providing the City of Palm Desert with complete transparency into the facility's finances.

Marketing
SFC’s in-house marketing and design team will partner with the City to create a strategic marketing plan and actionable campaigns to generate the results for the facility which includes:
» Website optimization and social media campaign
» PR campaign
» Local community event creation
» Integration and collaboration with local program and stakeholder groups
» Direct Mail campaign
» Ongoing weekly support calls and monthly strategy sessions » Initial focus on staff recruitment
Using our experience in 40+ venues across the country, our team brings marketing strategies that utilize best practices and deep industry experience to drive conversions and achieve long-term performance goals.

FULL-TIME MANAGEMENT
Within this section, SFC has outlined our approach to support the City of Palm Desert through the successful management of the Palm Desert Aquatic Center.

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iv SPORTS FACILITIES COMPANIES
Additional Services
In addition to operational oversight, staffing, marketing and financial tracking, the following services are also included in SFC’s Full-Time Management Services:

1. Computer & IT services and support

2. Payroll administration and support

3. Provide and administer health insurance program

4. Provide worker’s compensation insurance

5. Share ‘best-practices’ policies and procedures, acquired instructions and forms

6. Vendors, programs and software, and proven hardware
solutions

7. Annual updating of Business Plan

8. Food & Beverage Plan

9. Insurance coverage, taxes and assessments, compliance with legal requirements, other fees and costs, etc.

10. Creation and annual review/updating of business plan and budgets

11. Detailed timeline and action items for development and facility/operation updates

12. Annual review of the business year prior and identification of new programming

13. Capital improvements suggestions and review

14. Identification of new investments

15. Recurring coaching and collaboration sessions with SFC management and SFC’S GM network.

This robust suite of services will help to ensure long-term success for Palm Desert Aquatic Center. SFC's Team is continually looking for opportunities to improve the guest experience and drive bottom line performance.
"WE ARE THRILLED BY THE

PROSPECT OF PARTNERING

WITH THE CITY OF PALM

DESERT TO OPERATE THE PALM
DESERT AQUATIC CENTER."

JASON CLEMENT, CEO

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CEO & FOUNDER
JASON
Clement
SPECIALTIES:

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AQUATICS ACCOUNT

His vast experience overseeing our aquatics venues provides our clients the operational and programming expertise to appropriately serve their members and guests.

NOTABLE PROJECTS
Adventure Cove Water Park - Abilene, TX
Artesia Aquatic Center - Artesia, NM
Caporella Aquatic Center - Tamarac, FL
Pelican Bay Aquatic Center - Edmond, OK

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She ensures that best practices are implemented in the areas of safety, customer service, business development, staff development, risk mitigation, programming, and marketing and branding.

Additionally, Marina attended Texas Tech University and is a certified aquatics facility operator and lifeguard instructor for the American Red Cross.

NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
Certified Pool Operator (CPO)
Aquatic Facilities Operator (AFO)
Lifeguard Instructor (LGI)
Lifeguard Management

NOTABLE PROJECTS
Pelican Bay Aquatic Center - Edmond, OK
*City of Oklahoma City Parks & Recreation Department
*YMCA

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19 SPORTS FACILITIES COMPANIES

NATIONAL DIRECTOR OF

BUSINESS DEVELOPMENT
JIM
ARNOLD
SPECIALTIES:
business development, program
planning, sustainability
YEARS IN INDUSTRY: 19
EDUCATION:

In his role as the National Business Development Director, Jim Arnold leads the expansion of the SF Network of sports and recreation destinations across the country.

With over 18 years of experience in the industry, Jim has overseen the planning, design, development, and operations of many of the most innovative and successful facilities in the country.

Jim’s projects are highly regarded for their ability to drive profitability throughout creative design and self-operations.

NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
2019 Connect Sports Game Changer
Baltimore’s 35 Under 35
MILB Stadium of the Year
Champion of Economic Impact

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AE bio A driven collaborator and team leader, Ashley sits at the intersection of brand strategy, marketing, and sales. With award-winning creative work and proven strategies, Ashley brings with her a track record of success to every project and campaign. Clients get the benefit of SFC’s in-house marketing and branding “agency” led by Ashley.

PARTNER & VP, MARKETING
ASHLEY

WHITTAKER
SPECIALTIES:
marketing strategy, brand development,
business development
YEARS IN INDUSTRY: 14

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Bob joined the SF Companies as the Chief Financial Officer, overseeing corporate and SF Network venue finance teams. Bob also oversees risk management and major corporate growth initiatives.

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NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
Senior Professional in Human Resources Certification (SPHR) Society of Human Resource Management – Certified Professional (SHRM-CP)

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GENERAL COUNSEL
BRUCE
Rector
SPECIALTIES:
risk management & insurance
guidance, legal counsel
YEARS IN INDUSTRY: 26

EDUCATION
University of Kentucky
He also served as the 58th president of Junior Chamber International (JCI), a 200,000-member organization of young leaders and entrepreneurs from over 100 countries.

NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
University of the Cumberlands Board of Trustees
Leadership Pinellas
Clearwater Regional Chamber of Commerce

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CEO & FOUNDER
JASON
Clement
SPECIALTIES:

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AQUATICS ACCOUNT

His vast experience overseeing our aquatics venues provides our clients the operational and programming expertise to appropriately serve their members and guests.

NOTABLE PROJECTS
Adventure Cove Water Park - Abilene, TX
Artesia Aquatic Center - Artesia, NM
Caporella Aquatic Center - Tamarac, FL
Pelican Bay Aquatic Center - Edmond, OK

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She ensures that best practices are implemented in the areas of safety, customer service, business development, staff development, risk mitigation, programming, and marketing and branding.

Additionally, Marina attended Texas Tech University and is a certified aquatics facility operator and lifeguard instructor for the American Red Cross.

NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
Certified Pool Operator (CPO)
Aquatic Facilities Operator (AFO)
Lifeguard Instructor (LGI)
Lifeguard Management

NOTABLE PROJECTS
Pelican Bay Aquatic Center - Edmond, OK
*City of Oklahoma City Parks & Recreation Department
*YMCA

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18 SPORTS FACILITIES COMPANIES

NATIONAL DIRECTOR OF

BUSINESS DEVELOPMENT
JIM
ARNOLD
SPECIALTIES:
business development, program
planning, sustainability
YEARS IN INDUSTRY: 19
EDUCATION:

In his role as the National Business Development Director, Jim Arnold leads the expansion of the SF Network of sports and recreation destinations across the country.

With over 18 years of experience in the industry, Jim has overseen the planning, design, development, and operations of many of the most innovative and successful facilities in the country.

Jim’s projects are highly regarded for their ability to drive profitability throughout creative design and self-operations.

NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
2019 Connect Sports Game Changer
Baltimore’s 35 Under 35
MILB Stadium of the Year
Champion of Economic Impact

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PARTNER & VP, MARKETING
ASHLEY

WHITTAKER
SPECIALTIES:
marketing strategy, brand development,
business development
YEARS IN INDUSTRY: 14

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Bob joined the SF Companies as the Chief Financial Officer, overseeing corporate and SF Network venue finance teams. Bob also oversees risk management and major corporate growth initiatives.

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NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
Senior Professional in Human Resources Certification (SPHR) Society of Human Resource Management – Certified Professional (SHRM-CP)

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GENERAL COUNSEL
BRUCE
Rector
SPECIALTIES:
risk management & insurance
guidance, legal counsel
YEARS IN INDUSTRY: 26

EDUCATION
University of Kentucky
He also served as the 58th president of Junior Chamber International (JCI), a 200,000-member organization of young leaders and entrepreneurs from over 100 countries.

NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS
University of the Cumberlands Board of Trustees
Leadership Pinellas
Clearwater Regional Chamber of Commerce

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Jim Arnold
Partner,
Business Development

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Contract No. ____________

CITY OF PALM DESERT

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 12th day of OCTOBER, 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, County of Riverside, State of California (“City”) and SPORTS FACILITIES MANAGEMENT, a LIMITED LIABILITY COMPANY, with its principal place of business at 600 CLEVELAND STREET, SUITE 910, CLEARWATER, FL 33755 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Project.

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

PALM DESERT AQUATIC CENTER MANAGEMENT AND OPERATIONS
(hereinafter referred to as “the Project”).

2.2 Consultant.

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

Consultant is duly licensed and has the necessary qualifications to provide such services.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant 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 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 NOVEMBER 1, 2024, to JUNE 30, 2029, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 5 additional one-year terms. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates.

The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Any personnel performing the Services shall not be employees of the City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall

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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. Consultant 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. Consultant 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. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant 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 Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.

The key personnel for performance of this Agreement are as follows: MICHAEL KELLY, BRUCE

RECTOR, KEN COBB, ASHLEY WHITTAKER, JIM ARNOLD, JASON CLEMENT, BOB STOUT, AND TAMI SWANSON.

3.2.5 City's Representative. The City hereby designates SHAWN MUIR, COMMUNITY SERVICES MANAGER, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.6 Consultant's Representative. Consultant hereby designates KEN COBB, ACCOUNT MANAGER, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her 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.

3.2.7 Coordination of Services. Consultant 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.

3.2.8 Standard of Care; Performance of Employees. Consultant 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. Consultant represents and maintains that it is skilled in the professional calling

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necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant 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 Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants 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 Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also 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 separately agreed upon in writing by the City and Consultant (“Performance Milestones”).

Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant 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 and shall give all notices required by law. Consultant 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.

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Contract No. ____________

3.2.10.1 Employment Eligibility; Consultant. Consultant 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 sub-subconsultants to comply with the same. Consultant 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 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. 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. Consultant shall also 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.

3.2.10.3 Safety. 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.

3.2.11 Insurance.

3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, 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. (A) 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 $5,000,000 per occurrence, $6,000,000 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. 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, nonowned 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. (C) Professional Liability (Errors & Omissions) Insurance.

Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the

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Contract No. ____________
effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) 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, its officers, agents, employees, volunteers and representatives.
(E) 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.
(F) Fidelity Coverage. Consultant shall provide evidence of fidelity coverage on a blanket fidelity bond or other acceptable form. Limits shall be no less than $1,000,000 per occurrence.
(G) Cyber Liability Insurance. Consultant shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss, which shall include the following coverage:
(1) Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination, or use of the confidential information.
(2) Network security liability arising from the unauthorized use of, access to, or tampering with computer systems.
(3) Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended.

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Contract No. ____________
(4) Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name
infringement or improper deep-linking or framing, and
infringement or violation of intellectual property rights. (5) Liability arising from the failure to render professional services
If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the Agreement.
(H) Pollution Liability Insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites. (I) Sexual Abuse and Molestation Liability Insurance. Consultant shall procure and maintain Sexual Abuse and Molestation Liability insurance with limits of not less than $1,000,000 per occurrence and $2,000,000 general aggregate. Coverage may be provided as part of Commercial General Liability insurance, Professional Liability insurance; or as a separate policy.

3.2.11.2 Other Provisions or Requirements.
(A) 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 term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) 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 selfinsurance 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 Consultant, or City will

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Contract No. ____________
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate 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, agents, officials, employees, volunteers, and representatives 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, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(G) Enforcement 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.
(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 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. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide 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.
(J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability, cyber liability, and sexual abuse and molestation policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, 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 Consultant’s insurance shall apply separately

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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. Consultant agrees to ensure that its subconsultants, 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 subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review.
(N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement 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 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. (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. 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.
(Q) Additional 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 Services.

3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.

Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies of this Section.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant 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

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not exceed ONE MILLION, FOUR HUNDRED AND FIFTY-EIGHT THOUSAND, SEVEN HUNDRED AND SIXTY-SEVEN DOLLARS ($1,458,767.00) without written approval of the City Council or City Manager, as applicable.

3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant 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 Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "C" of this Agreement.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant 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.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.4 Labor Code Requirements.

3.4.1 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 are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, 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 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, 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.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with

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all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers, and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

3.4.3 Labor Certification. By its signature hereunder, Consultant 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 Worker's 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.

3.5 Accounting Records.

3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant 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 created pursuant to this Agreement. Consultant 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.

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

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

3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon thirty (30) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation.

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3.6.1.4 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.

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3.6.2 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:

Consultant: SPORTS FACILITIES MANAGEMENT, LLC
600 CLEVELAND STREET, SUITE 910
CLEARWATER, FL 33755
ATTN: KEN COBB
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
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.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

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3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents, and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment, or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.6.3.4 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information.

Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one

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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.

3.6.5 [Reserved]

3.6.6 Indemnification.

3.6.6.1 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, agents, and representatives 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, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives.

3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.6.7 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.

3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

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

3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services 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

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this Agreement.

3.6.13 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 work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers and representatives except as otherwise specified in this Agreement. The captions of 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.

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

3.6.15 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.

3.6.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

3.6.17 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.

3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, 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.

3.6.19 Authority to Enter Agreement. Consultant 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.

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

3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT

AND SPORTS FACILITIES MANAGEMENT, LLC
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

SPORTS FACILITIES MANAGEMENT

LIMITED LIABILITY COMPANY
By:

Its:

Printed
Name:

By:

Its:

Printed
Name:

QC: _____
Insurance:
_____
Initial Review
_____
Final Approval

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Exhibit “B”
EXHIBIT "A"

SCOPE OF SERVICES
General Scope:

The Consultant will provide management and operations services for City of Palm Desert in accordance with the Contract Documents at the Palm Desert Aquatic Center (PDAC), located at 73751 Magnesia Falls Drive, Palm Desert, CA 92260.

The City is seeking a partner who embodies high quality standards, emphasizes excellent customer service, and has the ability to maintain consistently high standards while operating the Aquatic Center. The City desires to select a qualified firm to operate the Aquatic Center who can deliver optimal value, enhance safety, and deliver the customer service expected from PDAC patrons.

The City hereby requests Proposers to demonstrate their ability to provide and perform services for the Aquatic Center including, but not limited to, management, operations, marketing, programming, concessions, and janitorial services relating to the Aquatic Center as described in this Scope of Services. The Aquatic Center consists of the following amenities:
 50-Meter Pool with Diving Area
 Recreation / Therapy Pool (with slides)
 Children’s Pool with Water Play Structure
 Concessions Area (675 Sq. Ft.)
 Men’s and Women’s Locker Rooms
 Family Restrooms and Changing Areas
 Lifeguard Room / First Aid Room
 Administration Offices
 Multi-Purpose Room (842 Sq. Ft.)
 Storage Room
 Mechanical Room
 Chemical Storage Areas
The City contracts the major pool mechanical maintenance of the Aquatic Center to a third-party contractor and will work closely with the successful Proposer to ensure prompt service to the facility. All utilities will be directly billed and paid for by the City.

All services provided by the Proposer must be performed to the industry standards and compliant with all applicable local, county, state, and federal laws.

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Exhibit “B”
All Bidders are encouraged to submit alternatives or other creative options to ANY of the Services to be Performed with the intent of meeting or exceeding the requirements set forth.

History of Operations
The following chart describes the financial and programming history of the Palm Desert Aquatic Center from 2019-2022. These numbers may be used as a reference when formulating a business and operations plan.

Services to be Performed
The Consultant will provide services, plans and procedures as described below for the day-to-day management and operations of the facility:
 Perform maintenance, cleaning, and minor repairs of all pools, equipment, and facilities.
 Perform daily safety and compliance checks of all pools, decks, pool amenities, and facilities. Notify City staff of all urgent issues immediately and routine concerns within one business day.
 Complete daily inspection report form for water slides and applicable attractions when in use and maintain on file.
 Ensure the pool and support facilities meet cleanliness and hygiene standards.  Ensure all pools meet applicable Riverside County Health Department standard compliance (chemicals, flow, filtration, etc.).
 Manually check and record water chemistry in each pool every 2 hours (minimum) and adjust chemicals as needed.
 Maintain industry standards for water clarity and cleanliness on all pools.  Inspect and maintain records of all pools and equipment.  Monitor inventory levels of chemicals and other pool maintenance supplies for the purpose of ensuring the availability of supplies as needed.  Prepare and process purchase orders for the purpose of securing needed supplies according to City of Palm Desert purchasing policies and requirements.  Provide regular KPI data and reports as required for assigned equipment and programs.
 Maintain equipment and chemical rooms to be free of non-essential equipment, used parts, clutter and chemical spills.

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Exhibit “B”
 Follow all required safety precautions when using hazardous materials, assigned tools, and machinery.
 Set up and/or move equipment (e.g., starting blocks, bleachers, diving boards etc.) for the purpose of ensuring availability for patrons and programs.  Maintain cleanliness of all facilities within the aquatic center: pools, drains, deck, locker rooms, etc.
 Perform facility painting and retouches as necessary to maintain a high-quality facility facade.
 Promote and exemplify City of Palm Desert Mission, Vision, and Core Values.  Exercise excellent customer service. Follow up on complaints, questions, and concerns; respond to internal and external customer needs in a friendly, timely and efficient manner.
 Administer regular customer feedback and satisfaction surveys.  Comply with local jurisdictional requirements and industry standards as applicable including but not limited to: California Pool Code, Model Aquatic Health Code, OSHA Hazardous Communications Standard and OSHA Bloodborne Pathogens Standard.

Business Plan
Consultant shall provide a Business Plan to include the following:
 Hours of operation (subject to change if approved in writing by the City) o May through September
 Monday – Friday 5:30 am – 7:00 pm
 Saturdays 7:00 am - 7:00 pm
 Sundays 8:00 am – 7:00 pm
o October through April
 Monday – Friday 5:30 am – 7:00 pm
 Saturdays 7:00 am - 5:00 pm
 Sundays 8:00 am – 5:00 pm
 Personnel requirements
 Fiscal management plan and budgeting methods
 Communication and marketing program
 Guidelines for policy development for programs and facility  A DRAFT version of the business plan should be submitted along with the RFP submission. The DRAFT version is intended to outline the understanding of the RFP and the operations of the facility along with anticipated Revenue and Expense goals. It is not intended to be a fully thought-out Business Plan and is expected to be amended.

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Exhibit “B”
 The City has a goal of decreasing the current subsidy of PDAC and is open to considering creative solutions to increase revenue and/or decrease expenses to reach its goals.

Preventative Maintenance Plan
The Consultant shall adhere to the established comprehensive Preventative Maintenance Plan provided by the City that includes, but is not limited to the following:

A. Facility Inspection Program

1. Details of facility inspections

2. Frequency of facility inspections
B. Routine Maintenance to be performed.

C. Expected Capital Improvement Items
The City will provide the following to be included in the Preventative Maintenance Plan:

A. Available PDAC As Built Plans
B. Mechanical Equipment Inventory

1. Name and Model #

2. Manufacturer and contact info.

3. Local Vendor (as applicable)

4. Replacement and service details
C. Equipment Manuals

1. In the event an equipment manual is not available, the City shall attempt to provide a satisfactory replacement from the equipment manufacturer.

2. If no manual is available, the Consultant shall provide a written document outlining the standard operating procedures for maintaining and operating the applicable piece of equipment.

Safety Plan
The Consultant shall provide and maintain a facility Safety Plan that includes, but is not limited to the following:

A. Facility Staffing Plan

1. Code Compliance Staffing Plan

2. Zones of Patron Surveillance

3. Rotation Procedures

4. Alternation of Tasks

5. Supervision Protocols
B. Emergency Action Plans

1. Emergency procedures for anticipated emergencies at the aquatic center

2. Methods of communication

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Contract No. ____________
Exhibit “B”

3. Required emergency equipment.

4. Emergency closure requirements
C. Biohazard Action Plan

1. Fecal vomit and blood contamination of the pool and facility surfaces D. Pre-Service Training Plan

1. Facility policies and procedures to be included in training.

2. Demonstration of required Safety Team skills specific to PDAC

3. Documentation of training
E. In-Service Training Plan

1. In-service training frequency. A minimum of 4 hours of in-service training monthly is required of all staff that regularly, or MAY perform lifeguard duties. a. Makeup in-services may be held for approved absences and must comply with the original in-service plan missed.
b. Lifeguards who do not meet the monthly in-service training requirement must undergo Pre-Service Training prior to returning to Lifeguard duties.

2. In-service documentation

3. Certification maintenance

4. Demonstration of Lifeguard Skill Proficiencies

5. Competency Demonstration Plan
a. Ability to reach the furthest edge of Zones of Surveillance within 20 seconds.
b. Ability to perform required emergency response skills. c. Ability to perform Resuscitation and First Aid skills.

Recruitment and Hiring Plan
A. Recruitment and Hiring

1. Consultant will submit a written process for recruitment and hiring.

B. Organizational Chart and Staffing Levels
Consultant will provide and maintain an organizational chart depicting the management approach and general staff responsibilities. Staffing levels will be maintained at a minimum required based on the submitted and approved staffing plan (Safety Plan – Section 1) and Zone Evaluation documentation.

Staffing and salary ranges are to be provided annually to the City of Palm Desert Director of Public Works for approval.

Alternative organization and staffing plans that meet safety and operating requirements may be submitted by the Consultant. All alternate staffing plans must be approved by the City of Palm Desert before they are instituted.

C. All personnel will be easily identifiable by approved uniforms at all times while on duty.

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Contract No. ____________
Exhibit “B”
D. Janitorial services for the facility will be completed by the Consultant and is typically performed by Lifeguards and other staff on duty.

1. Regular locker room checks are expected to be performed throughout the day.

2. Locker room check sheets may be utilized at the discretion of the Consultant.

E. Position Descriptions

1. Descriptions for key positions listed above will be developed and maintained by the Consultant.

Staff Training
A. PDAC staff will maintain the following minimum training credentials:

1. Aquatic Director / Manager
a. Certified Pool Operator (CPO) or Aquatic Facility Operator (AFO) or approved equal.

2. Aquatic Director / Manager, Aquatics Coordinator, Facility Operations Manager, or other staff
a. Lifeguard Instructor Certification (LGI)

3. Facility Operations Manager
a. Certified Pool Operator (CPO) or Aquatic Facility Operator (AFO) or approved equal.

4. Aquatics Front Desk & Concessions Manager
a. Food Manager Certification (must be from a school recognized by the Riverside County Department of Environmental
Health: https://rivcoeh.org/sites/g/files/aldnop361/files/migrated/Portals-0- PDF-Foods-31-09-DES-Food-Manager-Certification.pdf

5. Lifeguards
a. Lifeguarding with Bloodborne Pathogens Training, Administering Emergency Oxygen, Asthma Inhaler Training, Epinephrine Auto Injector, First Aid for Public Safety Personnel (Title 22) (American Red Cross or approved equal)
Operations Procedures
The Consultant will develop and maintain standard procedures that must be performed for the proper maintenance and operations of the facility. These include but are not limited to:
 Pool Chemical Parameters
 Chemical Room Emergency Procedures
 Hazard Identification and Communication
 Safety and First Aid Equipment
 Facility and Pool Cleanliness

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Palm Desert City CouncilOctober 12, 2023

Palm Desert City Council
October 12, 2023