Palm Desert City Council
October 26, 2023

Contract No. C46480
7 (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Contractor agrees to ensure that its subconsultants, sub-contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(P) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Bonds.

3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form

Contract No. C46480
8 provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

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

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

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

3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.2.15 Work Sites.

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

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

3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and

Contract No. C46480
9 other information known to Contractor with the Contract, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies, or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

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

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

3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

Contract No. C46480
10 3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Eight Hundred Seventy-Three Four Hundred Thirty-Six Dollars and 25/100 ($873,436.25) without written approval of the City Council or City Manager, as applicable.

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

3.3.2.1 3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

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

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify, and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and

Contract No. C46480
11 all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

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

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

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

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

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

3.5 General Provisions.

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

Contractor: WILLCORP ENGINEERING CORPORATION
73-730 Highway 111, Suite 7

Contract No. C46480
12 Palm Desert, CA 92260
ATTN: Chris Williamson
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

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

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense, and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives as part of any such claim, suit, action, or other proceeding.

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

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

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

3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based

Contract No. C46480
13 upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

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

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

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

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

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

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

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

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

3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift, or other consideration

Contract No. C46480
14 contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

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

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

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

Contract No. C46140

SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT

AND WILLCORP ENGINEERING CORPORATION
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

WILLCORP ENGINEERING CORPORATION,

A CORPORATION
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Contractor’s License Number and
Classification
DIR Registration Number (if applicable)
QC: MN
Insurance:
_____
Initial Review
_____
Final Approval
Bonds: ________

Contract No. C46480
Exhibit “A”
EXHIBIT “A”

SCOPE OF SERVICES
Removal of mud, dirt, and debris from three baseball fields at Freedom Park due to Storm Damage. Export material, transport, and dispose at a certified dump facility.

Contract No. C46140
Exhibit “B”
EXHIBIT “B”

SCHEDULE OF SERVICES
FIELD #1 WEST: 75,000 SF
APRROX. 3,820 CUBIC YARDS REMOVAL/EXPORT
EQUIPMENT: $85,000.00
TRUCKING: $85,000.00
DUMP FEES: $45,000-00
FIELD #2 NORTH: 90,000 SF
APPROX. 4585 CUBIC YARDS REMOVAL/EXPORT
EQUIPMENT: $105.000.00
TRUCKING: $108,700.00
DUMP FEES: $54,000.00
FIBLD #3 EAST: 86,000 SF.

APPROX. 4375 CUBIC YARDS REMOVAL/EXPORT
EQUIPMENT: $97,000.00
TRUCKING: $97,400.00
DUMP FEES: $51,550.00

Contract No. C46140
Exhibit “C”
EXHIBIT “C”

COMPENSATION
Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement. The total compensation shall not exceed Eight Hundred Seventy-Three Four Hundred Thirty-Six and 25/100 Dollars ($873,436.25) without written approval of the City Council or City Manager, as applicable.

NOTE: EQUIPMENT, WATER AND DUMP TRUCKS WILL ONLY BE BILLED FOR HOURS WORKED Mobilization of Equipment (I Move Per Machine) $14,700.00 • 40,000 LBS. EXCAVATOR: $290.00 PER HOUR
• 90K EXCAVATOR: $365.00 PER HOUR
• 40,000 LBS. FRONT LOADER: $265.00 PER HOUR
• 60K LOADER: $295.00 PER HOUR
• 22,000 LBS. SKIPLOADER $195.00 PER HOUR
• 8,000 LBS. SKID LOADER $185.00 PER HOUR
• 2000 GAL. WATER TRUCK $180.00 PER HOUR
• SUPER 10 DUMP TRUCK "WILLCORP" $180.00 PER HOUR
• SUPER 10 DUMP TRUCK P.W.R. NIA $135.00 PER HOUR

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: October 26, 2023
PREPARED BY: John Ramont, Deputy Director of Finance
REQUEST: RATIFY PREQUALIFIED VENDOR LIST SUBMISSIONS THROUGH SEPTEMBER 30, 2023
RECOMMENDATION:

Ratify prequalified vendor list submissions received through September 30, 2023, for the City of Palm Desert, Successor Agency to the Palm Desert Redevelopment Agency, and the Desert Willow Golf Resort.

BACKGROUND/ANALYSIS:

On June 22, 2023, the City Council approved the prequalified vendor list for Fiscal Year 2023/24 and authorized the City Manager to approve additional prequalified vendor submissions throughout the fiscal year.

Legal Review:

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

FINANCIAL IMPACT:

There is no direct fiscal impact associated with this action as potential purchases and contract amounts are included in the budget for Fiscal Year 2023/24. Contracts for the subsequent year are subject to appropriation pursuant to the policy.

ATTACHMENTS:

1. Prequalified Vendor List 1st Quarter Additions through September 30, 2023

2. Prequalified Vendor List (All) through September 30, 2023

Vendor Name City State Primary Line of Business
ABC Surveying Instruments Glendale CA Providing Sokkia Total Station for traffic scene reconstruction.

Accessibility Specialists Pauma Valley CA Certified accessibility specialist, Plan examiner and inspector.

Accurate First Aid Services Moorpark CA Providing onsite first aid, safety, training, OSHA compliance services.

Advanced Mobility Group Walnut Creek CA Traffic Engineering and traffic signal system design and timing.

Advantage Mailing Anaheim CA
Commercial printing, packaging, folding cartons, labels, and mailing services to include direct mail.

All Road Communications San Diego CA
Selling, renting, repairing and trading top of the line satellite Phones, internet products and services.

AM Signal, LLC Littleton CO Traffic signal control devices and intelligent transportation systems (ITS).

American Forensic Nurses Palm Springs CA Providing blood draws for DUI and drug (under the influence) cases.

ASEG Inc San Diego CA Technical engineering services, cloud, microservices, web design.

Audio Associates Chula Vista CA Low voltage electrical
AXYS Comm DBA Anderson Comm Palm Desert CA Providing 2-Way radio services.

BELFOR USA Group Birmingham MI 24/7 Board ups, mold remediation, water mitigating repairs.

Bell Properties, Inc Arcadia CA
Real Estate company, handling commercial and residential, sales, leasing and management.

Benlo RV II Indio CA Maintenance and parts for Police DUI Trailor.

Best Western Palm Desert Palm Desert CA Hospitality Hotel for overnights and services.

Bio SoCal Corporate HQ Westlake Village CA Hazardous substance removal Bio-SoCal Palm Springs CA Responsible for cleaning up biohazard scenes.

Bio-Tox Laboratories Riverside CA Provides blood and urine analysis for DUI and drug arrests.

Blankenship Police Supply Mentone CA Purchase of RAID and tactical vest for special enforcement teams.

BMW Motorcycles of Riverside Riverside CA
Provides preventative maintenance and repair for the traffic enforcement team motorcycles.

Brian K Stemmer Construction Palm Desert CA General Contractor Brudvik, Inc Palm Springs CA Electrical Contractor, commercial and residential service.

Brudvik, Inc Palm Springs CA Electrical Contractor
Bureau Veritas Technical Assessments LLC Ellicott City MD Professional consulting firm specializing in architectural, engineering, energy and environmental solutions.

Bushido Tactical Orlando FL Provides sheriff with ballistic tactical vest.

Capital Trophy Salem OR Laser engraving, trophy's, logo vectorization, custom awards.

Charles Taylor Murrieta CA
Environmental testing and consulting firm performing site assessment, testing for contaminants: asbestos, lead-paint, mold, bacteria, smoke/fire damage, clandestine drug lab, chemicals, PCB, and industrial hygiene.

Churchill Leadership Green Cove Springs FL
Global coaching organization, providing leadership and team development solutions
Cora Constructors, Inc. Palm Desert CA General Contractor Cove Electric, Inc Palm Desert CA Electrical Contractor, commercial and residential service.

Cove Electric, Inc Palm Desert CA Electrical Contractor, hazardous substance removal.

Crossfire Corp Bermuda Dunes CA General and plumbing contractor Crossroads Software Brea CA Provides computer software for traffic collection data.

CSI Electrical Construction Inc. Santa Fe Springs CA Electrical & low voltage contractor Custom Signals Chanute KS Providing radar and Lidar units for police motors.

DD Painting Inc Cathedral City CA Exterior, interior, commercial, residential, and HOA painting.

Desert Environmental Services, Inc. Victorville CA
Hazardous and non-hazardous waste disposal, emergency response, vacuum services, roll off services and drum management.

Desert Recycling, Inc Thousand Palms CA Offering recycling services.

DeWalt Corporation Bakersfield CA
Civil engineering, land surveying, subsurface utility engineering, 3D scanning and BIM modeling.

Doane and Hartwig Water Systems Oceanside CA Chemical feed disinfection equipment.

Doug Wall Construction Bermuda Dunes CA General Contractor Enivorcheck Inc. Orange CA Environmental testing and Consulting services.

Enterprise Rent-A-Car Roseville CA Police Department rents vehicles for undercover operations, locally.

Evan Brooks Associates, Inc. Pasadena CA Full services strategic planning firm.

Fiesta Ford, Inc Indio CA Automotive repair services, parts and sales.

Flix Translations Group Miami FL Translation, transcription, subtitling and voiceover provider.

Foster-Gardner Coachella CA
Specialize in herbicides, insecticides, insecticides, fungicides and liquid and granular fertilizers to maintain golf courses.

Frazer, LTD Bellaire TX
Builds and or refurbishes all City ambulances, inclusion on this list is only for maintenance and or repair.

Friends of the Desert Mountains Palm Desert CA
Provides guided hikes, trail stewardship, education and customer service in the National Monument Visitor Center.

G.A. Abell, Inc DBA Precision Electric Company Riverside CA Solar, low voltage, electrical contractor City of Palm Desert Vendor List Fiscal Year 2023-2024
First Quarter Submissions (Through September 30, 2023)

Vendor Name City State Primary Line of Business
City of Palm Desert Vendor List Fiscal Year 2023-2024
First Quarter Submissions (Through September 30, 2023)
GDI Trading Elizabeth NJ GDI is an electronics buyback and recycling company.

Granite Construction Company Indio CA Multiple contracting specialties Griffiths Fence Indio CA Providing fencing services in the Coachella Valley.

GT Golf Supplies Vista CA Golf accessories supplier
H2O Heating Pros, Inc Menifee CA
Commercial water heating and boiler repair, maintenance services and installation.

Hammer Plumbing & Pumping Inc Cathedral City CA Providing plumbing and pumping services.

Hazard Construction Engr LLC Lakeside CA General and hazardous substance removal HF&H Consultants Walnut Creek CA Consulting firm specializing in recycling, solid waste and wastewater services.

HGA Sacramento CA Holistic solutions, interior designers, planners and strategist.

Horizon Lighting Inc Irvine CA
Electrical and lighting systems for commercial and Homeowners' Associations (HOA's) properties.

Horizon Professional Landscape Inc Coachella CA Landscaping, maintenance and construction services.

Horizon Professional Landscaping Inc Chochella CA Landscaping & irrigation Integrated Demolition and Remediation Inc. Anaheim CA Hazardous substance removal Interwest Consulting Group, Inc. Irvine CA SAFE built, planning, engineering and professional services.

Intoximeters Saint Louis MO Provided analysis equipment for breathalyzer testing.

ISN Global Enterprise Claremont CA Electrical, low voltage J&S Building Maintenance, Inc Commerce CA National commercial and construction cleaning services.

JC Fire Protection Indio CA Fire protection services.

Kimley-Horn Los Angeles CA Engineering, planning and environmental consulting firm.

L. Palmer Electric Inc. Palm Desert CA Electrical contractor Lan Do & Associates, LLC Alameda CA Interpretation and translation language services.

Landmark Research Group, LLC Dana Point CA
Specializing in real estate, property valuation, eminent domain, real estate damages, litigation support negotiation and strategy.

Life-Assist Rancho Cordova CA
Automated external defibrillator (AED) parts supplier, including emergency medical supplies.

Marina Landscape, Inc. Orange CA Multiple contracting specialties Modera Inc. Irvine CA Branding, marketing and communications solutions.

Momar, Inc Atlanta GA Manufacturer of industrial maintenance chemicals/supplies.

Motoport USA San Marcos CA Sole Source for custom police traffic team motorcycle gear.

Motoworx Garage Cathedral City CA Provides Sheriff motorcycle maintenance and repairs.

MSA Systems San Jose CA Provides electronic ticket writer for police motors.

NAI Consulting Cathedral City CA Consulting firm specializing in civil engineering, contract and grant administration.

NBS Government Finance Group Temecula CA Providing fiscal and financial consulting services.

Ohno Construction Company Jurpura Valley CA Multiple contracting specialties Ozzie's Automotive Inc Palm Desert CA Automotive services and repair services.

Palm Desert Cyclery Palm Desert CA Police bicycle maintenance and supplies.

Prest Vuksic Greenwood Architects Palm Desert CA Architectural firm offering services in Residential, Commercial, Medical Services.

ProCare USA New York NY
Healthcare industry, providing temporary staffing of RN's LVN's, CNA, OT, PT, SLP, RRT.

Pro-Craft Construction, Inc Redlands CA Multiple contracting specialties Pro-Craft Construction, Inc. Redlands CA
Specializing in on&off site utilities, plumbing, general engineering, and fire protection.

ProEd Consulting and Staffing Inc West Covina CA IT Services, staffing and consulting firm.

PUB Construction, Inc Diamond Bar CA General Contractor PVP Communications Torrance CA Provides communication gear (speakers/Bluetooth)for police motors.

R T K Refrigeration Desert Hot Springs CA Refrigeration sales and services provider.

Raincross Construction Services Riverside CA
Providing construction support services, laser scanning, building information modeling, construction equipment rental.

Range Servant America, Inc Norcross GA Golf driving range and ball dispenser equipment.

Ray Lopez Associates Bishop CA Landscape architecture
RDO Equipment Riverside CA Heavy equipment, large/small AG, Vermeer dealer.

Redesign Drafts, LLC San Diego CA Redesign installs, maintains, and fixes draft beverage systems.

Reliable Construction Services, LLC Corona CA General Contractor RS Construction & Development Inc Ontario CA General Contractor S&T Contractors Services Inc Santa Clarita CA General Contractor Safe Life Defense Henderson NV Provides sheriff with ballistic tactical vest-FRAS and rifle plates.

Salsbury Industries Carson CA Manufacturer and supplier of mailboxes and lockers.

Vendor Name City State Primary Line of Business
City of Palm Desert Vendor List Fiscal Year 2023-2024
First Quarter Submissions (Through September 30, 2023)
Shasta Fire Protection, Inc. Thousand Palms CA
Fire extinguisher, sprinkler, and alarm inspections and fire suppression systems services.

Sierra Lathing Company Rialto CA Drywall, lath & plaster Simplot T&H Palm Desert CA
Supplying fertilizer, pesticides, grass seed other agronomic goods used in turf and horticulture.

SPECS Civil Solutions, Inc Encinitas CA Structural design consultant and civil materials supply.

St. Francis Electric, LLC Riverside CA Electrical Contractor STK Architecture, Inc Temecula CA Architectural services, interior design, planning and sustainable design.

Stryker's EMS Portage MI Provides hydraulic gurneys on all City ambulances.

Superb Engineering Banning CA General engineering & contracting Superior Pavement Marking, Inc Cypress CA
Paint traffic striping: The paint striping is sprayed with a airless long line paint striper.

Terra Nova Planning & Research, Inc. Palm Desert CA Environmental planning, regulatory permitting, and resource analysis, (WSAs).

The Property Sciences Group, Inc Pleasant Hill CA
Real Estate appraisers, handling reviews, solutions for residential and commercial properties.

The Radar Shop Wichita KS Calibrates radar and Lidar units for police motors The Retail Coach Tupelo MS
Recruitment and development firm that combines strategy, technology, and creative retail expertise to develop.

The Van Dyke Corporation Twentynine Palms CA Pipeline, general engineering TKE Engineering Inc Riverside CA Civil engineering, municipal Consulting and traffic engineering.

Top of the Line Signs Palm Desert CA Providing stickers for police motors, banners for coffee with a Cop.

Tri-A-Bike Palm Desert CA Police bicycle maintenance and supplies.

Tri-Star Contracting II, Inc. Desert Hot Springs CA General Contractor U.S. National Corp Pacomima CA General, painting
Universal Construction and Engineering Palm Desert CA Concrete Contractor Urban Habitat LaQuinta CA Landscaping & irrigation
Urban Habitat LaQuinta CA Landscape maintenance, grounds services and new construction design & build.

Valley Pipeline Services, Inc Palm Desert CA Pipeline, general engineering West Coast Arborists, Inc Indio CA
Tree maintenance services such as tree trimming, removals, planting, arborist services, plant health care services, and emergency services.

Western State Builders Inc. Escondido CA General Contractor Whitley's Constuction Corp Palm Desert CA General Contractor Willdan Engineering, Inc Anaheim CA
Multi-disciplinary firm specializing in planning, engineering design, construction management and inspection, and building safety services.

WMI Sports Inc Peterborough ON Provides sheriff with ballistic tactical vest.

Woods Commercial Door, Inc Corona CA
Overhead doors roll-up doors, fire doors, coiling parking garage grilles, and sectional doors.

Yunex LLC Riverside CA Electrical
Zero9 Holters Amherst OH Provides sheriff with ballistic tactical vest-holsters.

Zoll Medical Corporation Chelmsford MA
Provides miscellaneous fire and safety equipment automated external defibrillator (AED) supplier.

Vendor Name City State Primary Line of Business
A+ Window & Gutter Cleaning LLC Palm Desert CA
Window cleaning and solar, air duct, dryer, gutter, rood sculpture and pressure washing.

ABC Surveying Instruments Glendale CA Providing Sokkia Total Station for traffic scene reconstruction.

Abtech Technologies Vista CA Desktop computers and operating systems Accessibility Specialists Pauma Valley CA Certified accessibility specialist, Plan examiner and inspector.

Accurate First Aid Services Moorpark CA Providing onsite first aid, safety, training, OSHA compliance services.

Adkison Engineers Inc DBA Adkan Engineers Riverside CA Providing civil engineering & land survey services.

Adkison Engineers Inc DBA Adkan Engineers Riverside CA Providing Civil Engineering & Land Survey Services Advanced Mobility Group Walnut Creek CA Traffic Engineering and traffic signal system design and timing.

Advantage Mailing Anaheim CA
Commercial printing, packaging, folding cartons, labels, and mailing services to include direct mail.

AG Engineering, Inc. Rancho Cucamonga CA Installation and repairs for standby generators 5KW up to 2000KW.

Aguiar Professional Training LLC Ontario CA
Women owned business trained in coaching, organizational and team building improvements.

AKJ Education Baltimore MD Educational and literacy books, games, and manipulatives.

All Colors Growers, Inc. Bermuda Dunes CA Wholesale bedding plant nursery services.

All Road Communications San Diego CA
Selling, renting, repairing and trading top of the line satellite Phones, internet products and services.

Allison Mechanical, Inc Redlands CA HVAC maintenance, repair, and installation services.

Allison Mechanical, Inc Redlands CA HVAC maintenance, repair, and installation services Alpha Media, LLC Palm Springs CA Providing radio and digital advertising services AM Signal, LLC Littleton CO Traffic signal control devices and intelligent transportation systems (ITS).

American Forensic Nurses Palm Springs CA Providing blood draws for DUI and drug (under the influence) cases.

Arts Concrete Pumping Cathedral City CA Concreate pumping via boom pumps.

ASEG Inc San Diego CA Technical engineering services, cloud, microservices, web design.

Audio Associates Chula Vista CA Low voltage electrical
Awesome Blinds Eastvale CA Window treatments installation Awesome Blinds Eastvale CA shades.

AXYS Comm DBA Anderson Comm Palm Desert CA Providing 2-Way radio services.

B&H Photo & Electronics New York NY Responsible for Audio Visual equipment.

Beck Oil, Inc Coachella CA Petroleum distributor
BELFOR USA Group Birmingham MI 24/7 Board ups, mold remediation, water mitigating repairs.

Bell Properties, Inc Arcadia CA
Real Estate company, handling commercial and residential, sales, leasing and management.

Benlo RV II Indio CA Maintenance and parts for Police DUI Trailor.

Best Contracting Services, Inc. Gardena CA Roofing, waterproofing, sheet metal, wall panels and glazing.

Best Tec Palm Desert CA
Boilers, water heaters, tankless heaters, pool heaters, installation, sales, service and repair.

Best Western Palm Desert Palm Desert CA Hospitality Hotel for overnights and services.

Bio SoCal Corporate HQ Westlake Village CA Hazardous substance removal Bio-SoCal Palm Springs CA Responsible for cleaning up biohazard scenes.

Bio-Tox Laboratories Riverside CA Provides blood and urine analysis for DUI and drug arrests.

Blankenship Police Supply Mentone CA Purchase of RAID and tactical vest for special enforcement teams.

BMW Motorcycles of Riverside Riverside CA
Provides preventative maintenance and repair for the traffic enforcement team motorcycles.

Brian K Stemmer Construction Palm Desert CA General Contractor Brudvik, Inc Palm Springs CA Electrical Contractor, commercial and residential service.

Brudvik, Inc Palm Springs CA Electrical Contractor
Bureau Veritas Technical Assessments LLC Ellicott City MD Professional consulting firm specializing in architectural, engineering, energy and environmental solutions.

Burwood Group, Inc. Chicago IL Computer systems design and services.

Bushido Tactical Orlando FL Provides sheriff with ballistic tactical vest.

Canyon Springs Enterprises Temecula CA General engineering contractor.

Capital Trophy Salem OR Laser engraving, trophy's, logo vectorization, custom awards.

CBJ Building Maintenance, Inc Danville CA
Janitorial services carpet cleaning, floor stripping, waxing, window cleaning, upholstery cleaning.

CDW-G Lincolnshire IL Software, monitors, tablets, printers, stands and audio visual equipment.

Charles Taylor Murrieta CA
Environmental testing and consulting firm performing site assessment, testing for contaminants: asbestos, lead-paint, mold, bacteria, smoke/fire damage, clandestine drug lab, chemicals, PCB, and industrial hygiene.

City of Palm Desert Vendor List Fiscal Year 2023-2024
All Vendors Approved Through September 30, 2023

Vendor Name City State Primary Line of Business
City of Palm Desert Vendor List Fiscal Year 2023-2024
All Vendors Approved Through September 30, 2023
Churchill Leadership Green Cove Springs FL
Global coaching organization, providing leadership and team development solutions
Coachella Valley Independent Cathedral City CA Local newspaper and advertising and publicity.

Cora Constructors, Inc. Palm Desert CA General Contractor Courtmaster Sports, Inc Palm Springs CA Construct, repair, resurface all outdoor sports courts.

Cove Electric, Inc Palm Desert CA Electrical Contractor, commercial and residential service.

Cove Electric, Inc Palm Desert CA Electrical Contractor, hazardous substance removal.

Crossfire Corp Bermuda Dunes CA General and plumbing contractor Crossroads Software Brea CA Provides computer software for traffic collection data.

CSI Electrical Construction Inc. Santa Fe Springs CA Electrical & low voltage contractor Custom Signals Chanute KS Providing radar and Lidar units for police motors.

David Evans and Associates, Inc. Ontario CA
Design and management solutions combining engineers, surveyors, Landscape architects project management.

DD Painting Inc Cathedral City CA Exterior, interior, commercial, residential, and HOA painting.

Dell Georgetown TX Desktop computers and operating systems Department of Justice Riverside CA Provides analysis for DNA, firearms, sexual assault kits, and trace evidence, etc.

Desert Air Conditioning, Inc. Palm Springs CA HVAC maintenance, repair, and installation services Desert Environmental Services, Inc. Victorville CA
Hazardous and non-hazardous waste disposal, emergency response, vacuum services, roll off services and drum management.

Desert Fire Extinguisher CO, Inc. Palm Springs CA
Fire extinguisher, sprinkler inspections, alarm inspections and fire suppression systems.

Desert Limnologists, Inc. Palm Desert CA
Lake management, scuba diving, screen cleaning, pump installation, repair and maintenance.

Desert Recycling, Inc Thousand Palms CA Offering recycling services.

DeWalt Corporation Bakersfield CA
Civil engineering, land surveying, subsurface utility engineering, 3D scanning and BIM modeling.

Diamond Environmental Services LP Indio CA
Events, portable, restrooms, shower trailers, porta potties, waste water pumping and septic pumping.

Doane and Hartwig Water Systems Oceanside CA Chemical feed disinfection equipment.

Doug Wall Construction Bermuda Dunes CA General Contractor Dove Printing dba LF Visuals Inc. Palm Desert CA Printing industry & design, handling promotional Items and buttons.

DR Hydraulics, Inc. DBA D.R. Shuff Signal Hill CA Service, repair, and install automotive shop equipment.

Earthdiver LLC Salt Lake City UT
Tourism industry, including traveler behavior, trends, destination marketing organizations.

Electric Power System Intl. Inc Santa Ana CA Independent electrical testing and engineering organization.

Enivorcheck Inc. Orange CA Environmental testing and Consulting services.

Enterprise Rent-A-Car Roseville CA Police Department rents vehicles for undercover operations, locally.

Evan Brooks Associates, Inc. Pasadena CA Full services strategic planning firm.

Excel Landscape, Inc Corona CA Landscape has been providing quality landscape maintenance.

EXP U.S. Services Inc. San Bernardino CA Engineering, construction management and consulting services.

FALCON Engineering Services Temecula CA
Construction management, inspection, reviews, utility relocations, surveying, and public works.

FG Creative Inc. Desert Hot Springs CA A full service, boutique marketing and advertising agency.

Fiesta Ford, Inc Indio CA Automotive repair services, parts and sales.

Flix Translations Group Miami FL Translation, transcription, subtitling and voiceover provider.

Foster-Gardner Coachella CA
Specialize in herbicides, insecticides, insecticides, fungicides and liquid and granular fertilizers to maintain golf courses.

Frazer, LTD Bellaire TX
Builds and or refurbishes all City ambulances, inclusion on this list is only for maintenance and or repair.

Friends of the Desert Mountains Palm Desert CA
Provides guided hikes, trail stewardship, education and customer service in the National Monument Visitor Center.

G.A. Abell, Inc DBA Precision Electric Company Riverside CA Solar, low voltage, electrical contractor GDI Trading Elizabeth NJ GDI is an electronics buyback and recycling company.

Genuent Global LLC Santa Ana CA Information technology staffing services throughout the US.

GHA Technologies Scottsdale AZ Software provider, servers and data centers GigRoster Professional Entertainment Seattle WA local, national and international entertainers, bands, DJs and performing artists.

Global CTI Group Bakersfield CA Phone equipment
Gold Arc Inc, DBA Pasco Doors Pomona CA Doors repair and installation Granite Construction Company Indio CA Multiple contracting specialties Griffiths Fence Indio CA Providing fencing services in the Coachella Valley.

GT Golf Supplies Vista CA Golf accessories supplier

Vendor Name City State Primary Line of Business
City of Palm Desert Vendor List Fiscal Year 2023-2024
All Vendors Approved Through September 30, 2023
H2O Heating Pros, Inc Menifee CA
Commercial water heating and boiler repair, maintenance services and installation.

Hammer Plumbing & Pumping Inc Cathedral City CA Providing plumbing and pumping services.

Hazard Construction Engr LLC Lakeside CA General and hazardous substance removal HF&H Consultants Walnut Creek CA Consulting firm specializing in recycling, solid waste and wastewater services.

HGA Sacramento CA Holistic solutions, interior designers, planners and strategist.

Holistic System Integration Solutions LaQuinta CA
Business process improvement and software system implementation consulting services.

Holt Architects, Inc DBA Holt Architecture Palm Desert CA Architectural services.

Horizon Lighting Inc Irvine CA
Electrical and lighting systems for commercial and Homeowners' Associations (HOA's) properties.

Horizon Professional Landscape Inc Coachella CA Landscaping, maintenance and construction services.

Horizon Professional Landscaping Inc Chochella CA Landscaping & irrigation IKW Solutions, Inc. Palm Desert CA IT consulting services focused on Oracle and Microsoft products.

Infinity Technologies Roseville CA Extensive experience serving as an IT and GIS managed service provider.

Integrated Demolition and Remediation Inc. Anaheim CA Hazardous substance removal Integrity Express Logistics LLC Cincinnati OH Logistics planning and shipping.

Interwest Consulting Group, Inc. Irvine CA SAFE built, planning, engineering and professional services.

Intoximeters Saint Louis MO Provided analysis equipment for breathalyzer testing.

ISN Global Enterprise Claremont CA Electrical, low voltage J&S Building Maintenance, Inc Commerce CA National commercial and construction cleaning services.

JC Fire Protection Indio CA Fire protection services.

JR Thomas Golf Carts Palm Desert CA Golf cart sales and repairs.

Junior Library Guild Plain City OH
We sell to public schools, public libraries, private schools, college & educational services.

Kaygen, Inc. Irvine CA IT Consulting and staffing agency.

Kimley-Horn Los Angeles CA Engineering, planning and environmental consulting firm.

Kincaid Industries, Inc. Thousand Palms CA Plumbing, fire sprinkler, site utilities construction and service contractor.

KOA Corporation Ontario CA Transportation engineering, mobility planning and construction management.

Krueger International, Inc. Green Bay WI Manufacturer of commercial intuitional furniture solutions for any environment.

L. Palmer Electric Inc. Palm Desert CA Electrical contractor Lan Do & Associates, LLC Alameda CA Interpretation and translation language services.

Landmark Research Group, LLC Dana Point CA
Specializing in real estate, property valuation, eminent domain, real estate damages, litigation support negotiation and strategy.

Life-Assist Rancho Cordova CA
Automated external defibrillator (AED) parts supplier, including emergency medical supplies.

Lloyd Sports & Engineering Scottsdale AZ
Design and engineering, construction administration, sports, civil engineering, landscape architecture.

Maas Companies, Inc Irvine CA Construction management, project management, capital construction consulting.

Marina Landscape, Inc. Orange CA Multiple contracting specialties Med-X-Surgical Distribution Palmdale CA
Medical distribution company, specializing in Spinal and Cranial instrumentation, PPE Items.

Mercury File & Television DBA Kitsch Pic Palm Desert CA Providing video Content for TV, website, and social media.

Merrimac Petroleum, Inc. dba Merrimac Energy
Group Long Beach CA Wholesale fuel distributor.

Miss Quality Logistics, LLC Port Orange FL Arranges the transportation of freight.

Modera Inc. Irvine CA Branding, marketing and communications solutions.

Momar, Inc Atlanta GA Manufacturer of industrial maintenance chemicals/supplies.

Motoport USA San Marcos CA Sole Source for custom police traffic team motorcycle gear.

Motoworx Garage Cathedral City CA Provides Sheriff motorcycle maintenance and repairs.

MSA Systems San Jose CA Provides electronic ticket writer for police motors.

Multi W Systems, Inc. El Monte CA
We are water and wastewater equipment supplier, manufacturing for pumping equipment
NAI Consulting Cathedral City CA Consulting firm specializing in civil engineering, contract and grant administration.

NBS Government Finance Group Temecula CA Providing fiscal and financial consulting services.

NetXperts LLC Walnut Creek CA IT network engineering, security, and integration solutions for California’s schools.

Norfolk Bearings & Supply Co., Inc. Norfolk VA Specializes in bearings, power transmission equipment including motors, reducers,

Vendor Name City State Primary Line of Business
City of Palm Desert Vendor List Fiscal Year 2023-2024
All Vendors Approved Through September 30, 2023
Ohno Construction Company Jurpura Valley CA Multiple contracting specialties Omnis Incorporated San Dimas CA
Engineering services, drafting pavement management, GIS services, construction management.

Orca Printing & Design Desert Hot Springs CA Printing & design, promotional Items buttons, clips, drinkware, key chains.

Ozzie's Automotive Inc Palm Desert CA Automotive services and repair services.

Palm Desert Ace Hardware Palm Desert CA Hardware & supplies.

Palm Desert Cyclery Palm Desert CA Police bicycle maintenance and supplies.

Patton Enterprise DBA Patton Door and Gate Palm Springs CA Install and service all types of doors, gates, and gate automation.

Playcore Wisconsin Inc. DBA Game Time Fort Payne AL Commercial play and recreation equipment, safety surfacing, contractor and Prest Vuksic Greenwood Architects Palm Desert CA Architectural firm offering services in Residential, Commercial, Medical Services.

ProCare USA New York NY
Healthcare industry, providing temporary staffing of RN's LVN's, CNA, OT, PT, SLP, RRT.

Pro-Craft Construction, Inc Redlands CA Multiple contracting specialties Pro-Craft Construction, Inc. Redlands CA
Specializing in on&off site utilities, plumbing, general engineering, and fire protection.

ProEd Consulting and Staffing Inc West Covina CA IT Services, staffing and consulting firm.

PUB Construction, Inc Diamond Bar CA General Contractor PVP Communications Torrance CA Provides communication gear (speakers/Bluetooth)for police motors.

R T K Refrigeration Desert Hot Springs CA Refrigeration sales and services provider.

Raincross Construction Services Riverside CA
Providing construction support services, laser scanning, building information modeling, construction equipment rental.

Range Servant America, Inc Norcross GA Golf driving range and ball dispenser equipment.

Ray Lopez Associates Bishop CA Landscape architecture
RDO Equipment Riverside CA Heavy equipment, large/small AG, Vermeer dealer.

Recreonics, Inc. Louisville KY Supplying aquatic facilities high quality commercial swimming pool equipment.

Redesign Drafts, LLC San Diego CA Redesign installs, maintains, and fixes draft beverage systems.

Reliable Construction Services, LLC Corona CA General Contractor Rhythm Tech Productions, LLC. Colton CA
Provide stage, audio, lighting, video, tech service concerts, events, theater productions.

RS Construction & Development Inc Ontario CA General Contractor S&T Contractors Services Inc Santa Clarita CA General Contractor Safe Life Defense Henderson NV Provides sheriff with ballistic tactical vest-FRAS and rifle plates.

Salsbury Industries Carson CA Manufacturer and supplier of mailboxes and lockers.

Same Day Express DBA Signature Sculpture Bermuda Dunes CA Expertise is art maintenance, installation and restoration, general clean up services as needed.

Sant Made Dripping Springs TX
Provide graphic design, print &digital branding web development/hosting maintenance services.

Scaife Protection Services Lawndale CA Security guard service provider.

Shasta Fire Protection, Inc. Thousand Palms CA Fire Sprinkler, installation, design service and inspection of sprinkler systems.

Shasta Fire Protection, Inc. Thousand Palms CA
Fire extinguisher, sprinkler, and alarm inspections and fire suppression systems services.

SHI International Corp Somerset NJ Proving solutions, services and support to simplify business challenges.

Sierra Lathing Company Rialto CA Drywall, lath & plaster Sillman Wright Architects Temecula CA Professional architectural services.

Simpler Life Emergency Provisions Redlands CA
Custom emergency/disaster supplies, lockdown kits, medical kits, Emergency food & water.

Simplot T&H Palm Desert CA
Supplying fertilizer, pesticides, grass seed other agronomic goods used in turf and horticulture.

Sound Image Escondido CA Professional audio, vide, control and design, engineering installation.

Sound Image Escondido CA Electrical, low voltage
South Coast Industrial Door Corona CA Supply of landscape rock, construction and decorative stone materials.

Southern California Grading Irvine CA Earthwork & grading contractor Southern California Grading, Inc. Irvine CA General Contractor Southwest Boulder & Stone Inc. Fallbrook CA Landscaping supplier SPECS Civil Solutions, Inc Encinitas CA Structural design consultant and civil materials supply.

St. Francis Electric, LLC Riverside CA Electrical Contractor STK Architecture, Inc Temecula CA Architectural services, interior design, planning and sustainable design.

Stryker's EMS Portage MI Provides hydraulic gurneys on all City ambulances.

Superb Engineering Banning CA General engineering & contracting

Vendor Name City State Primary Line of Business
City of Palm Desert Vendor List Fiscal Year 2023-2024
All Vendors Approved Through September 30, 2023
Superior Pavement Marking, Inc Cypress CA
Paint traffic striping: The paint striping is sprayed with a airless long line paint striper.

Terra Nova Planning & Research, Inc. Palm Desert CA Environmental planning, regulatory permitting, and resource analysis, (WSAs).

The Christmas Kings Lake Elsinore CA Holiday & event lighting and decorating.

The Kartal Corporation An American Car Wash Palm Desert CA Car washing and detailing specialist located in Palm Desert.

The Lock Shop Inc Palm Desert CA Full service locksmith, offering keys, hardware and on call services.

The Property Sciences Group, Inc Pleasant Hill CA
Real Estate appraisers, handling reviews, solutions for residential and commercial properties.

The Radar Shop Wichita KS Calibrates radar and Lidar units for police motors The Retail Coach Tupelo MS
Recruitment and development firm that combines strategy, technology, and creative retail expertise to develop.

The Van Dyke Corporation Twentynine Palms CA Pipeline, general engineering TKE Engineering Inc Riverside CA Civil engineering, municipal Consulting and traffic engineering.

Top of the Line Signs Palm Desert CA Providing stickers for police motors, banners for coffee with a Cop.

Tops N Barricades, Inc. Indio CA Traffic control services.

TR Design Group, Inc. Riverside CA Architectural services.

Tri-A-Bike Palm Desert CA Police bicycle maintenance and supplies.

Tri-Star Contracting II, Inc. Desert Hot Springs CA General Contractor T-Squared Professional Engineers, Inc DBA Salas
O'Brien Vista CA
Engineering and technical services firm focused on advancing the human experience.

U.S. National Corp Pacomima CA General, painting
Universal Construction and Engineering Palm Desert CA Concrete Contractor Urban Habitat LaQuinta CA Landscaping & irrigation
Urban Habitat LaQuinta CA Landscape maintenance, grounds services and new construction design & build.

URETEK USA, Inc Tomball TX Soil injections, infrastructure sealing pavement leveling.

Valley Pipeline Services, Inc Palm Desert CA Pipeline, general engineering VasSecCo/ Vasquez Security Consulting Huntington Beach CA Professional, personable, effective cyber security consulting services for government organizations.

Vector USA Torrance CA Networking and security equipment.

Vintage Associates, Inc. Bermuda Dunes CA Landscaping & irrigation Waterline Technologies Santa Ana CA
Wholesaler retailer of aquatic facility chemicals, equipment service and maintenance.

West Coast Arborists, Inc Indio CA
Tree maintenance services such as tree trimming, removals, planting, arborist services, plant health care services, and emergency services.

Westcon Construction Services Inc Indio CA Concrete flatwork and concrete landscape.

Western Pump Station San Diego CA Petroleum distributor, dispensers installation, services, repairs, and storage tands.

Western State Builders Inc. Escondido CA General Contractor Western States Converters & Transmissions, Inc Corona CA Transmission dealer, specializing repair, including factory warranty work.

Whitley's Constuction Corp Palm Desert CA General Contractor Willdan Engineering, Inc Anaheim CA
Multi-disciplinary firm specializing in planning, engineering design, construction management and inspection, and building safety services.

Williamson Development Group, Inc. Lake Elsinore CA Electrical, general contractor Winged Solutions, Inc Palm Desert CA Bird mitigation using free flying hawks, falcons, no hard to pest birds.

WMI Sports Inc Peterborough ON Provides sheriff with ballistic tactical vest.

Woods Commercial Door, Inc Corona CA
Overhead doors roll-up doors, fire doors, coiling parking garage grilles, and sectional doors.

Xpress Graphics Palm Desert CA Graphics design, and printing services.

Yunex LLC Riverside CA Electrical
Z&K Consultants Inc Riverside CA Professional engineering firm, construction, labor management, and compliance.

Zero9 Holters Amherst OH Provides sheriff with ballistic tactical vest-holsters.

Zoll Medical Corporation Chelmsford MA
Provides miscellaneous fire and safety equipment automated external defibrillator (AED) supplier.

ZW USA Inc, DBA Zero Waste USA San Diego CA Dog waterpark, dog station can liners trash can liners, and dispensers.

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: October 26, 2023
PREPARED BY: Ryan Gayler, Capital Projects Manager
REQUEST: APPROVE CONTRACT WITH JACOBSSON ENGINEERING
CONSTRUCTION, INC., FOR THE DESERT WILLOW PARKING
IMPROVEMENTS (PROJECT CFA00025)
RECOMMENDATION:

1. Approve Contract No. C46310 in the amount of $1,529,365 to Jacobsson Engineering Construction, Inc., of Palm Desert, CA, for the Desert Willow Parking Improvements (Project No. CFA00025).

2. Authorize the Director of Finance to set aside a contingency in the amount of $152,950 for unforeseen conditions.

3. Authorize the City Attorney to make any non-monetary changes to the agreement.

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

5. Authorize the City Manager to execute the agreement.

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

Funds are available in the Desert Willow Golf Course Capital Account No. 4414195-4809200 BACKGROUND/ANALYSIS:

APN 620-400-625 (14.46 acres), also referred to as Parcel A, is located adjacent to 34.25 acres of undeveloped land on Desert Willow Drive north of Country Club Drive. To preserve open space for its residents and visitors, the City Council took action at the September 28, 2023, City Council meeting to acquire the parcel from the Successor Agency to the Palm Desert Redevelopment Agency (SARDA) for use as public parking and recreational open space.

The project will construct about 200 parking spaces, ADA accessible pedestrian improvements, a drainage system, and parking lot lighting. To fast-track the project, landscape improvements will be constructed as part of a future contract. The construction is designed to be substantially complete by the end of December.

The City advertised the Project for bids and on October 12, 2023, 7 bids were received with the following results:

Contractor Location Total Bid
Jacobsson Engineering Construction, Inc. Thousand Palms, CA $1,529,365 DEARK E&C, Inc. Fullerton, CA $1,685,300
Universal Construction and Engineering Palm Desert, CA $1,711,948

City of Palm Desert
Approve Contract for the Desert Willow Public Parking Improvements

Granite Construction Company Indio, CA $2,083,802
MDB General Engineering, Inc. Irvine, CA $2,182,100
Matich Corporation San Bernardino, CA $2,494,555
Onyx Paving Company, Inc. Anaheim, CA $2,693,000
Jacobsson Engineering Construction, Inc., 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.

FINANCIAL IMPACT:

Budget was appropriated by City Council on September 28, 2023 in Golf Course Capital Account No. 4414195-4809200, therefore there is no impact to the General Fund. The construction contract does not include landscaping costs. The remaining budget should be sufficient to cover those costs. There will be ongoing maintenance costs estimated at $5,000 annually which will need to be budgeted in subsequent years.

DESCRIPTION AMOUNT
Budget - Construction Allocation 1,891,588
Contract (1,529,365)
Contingency (152,950)
Balance of Construction Allocation 209,273
ATTACHMENTS:

1. Agreement and Bonds

2. Contractor’s Proposal

3. Vicinity Map

Contract No. C46310
1 Revised 07-2023
BBK 72500.00001\32374943.1

CITY OF PALM DESERT

CONTRACT FOR CONSTRUCTION
This Agreement is made and entered into this 26th 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, (“City”) and JACOBSSON ENGINEERING CONSTRUCTION, INC., an S Corporation, with its principal place of business at 72310 Varner Road, Thousand Palms, CA 92276 ("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:

Desert Willow Public Parking Improvement Project
Project No. CFA00025
(hereinafter referred to as “the Project”).

The project will construct parking lot improvements at the Desert Willow Golf Resort on Lot A including a paved parking area with drainage and lighting improvements. The items of work consist of mobilization, traffic control, grading, installation of base material, constructing asphalt concrete paving, portland cement concrete improvements, drainage improvements, installation of lighting, and installing striping improvements.

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 60 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.

Additionally, an interim completion milestone of December 30, 2023 is hereby established to achieve Early Access and Beneficial Use of the Facilities (as defined herein). The Contractor shall complete all work required by the Contract Documents for Early Access and Beneficial Use of the Facilities by December 30, 2023 from the construction commencement date stated in the Notice to Proceed. Early Access and Beneficial Use of the Facilities shall mean when all work required to provide continuous access and full use of all parking stalls, including, but not limited to, finished paved surface and striping, at any given time, with full access for the use of the public, is complete in accordance with the Contract Documents.

The liquidated damages requirements of the Contract Documents, including the amounts in Article 4 of the Contract, shall apply to each and every calendar day of delay beyond the time prescribed in this Article to provide Early Access and Beneficial Use of the Facilities.

Contract No. C46310
2 Revised 07-2023
BBK 72500.00001\32374943.1
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 One Million Five Hundred Twenty-Nine Thousand Three Hundred Sixty-Five Dollars ($1,529,365.00).

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.

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 $2,500.00 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

Contract No. C46310
3 Revised 07-2023
BBK 72500.00001\32374943.1
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 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

Contract No. C46310
4 Revised 07-2023
BBK 72500.00001\32374943.1
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 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

Contract No. C46310
5 Revised 07-2023
BBK 72500.00001\32374943.1
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:

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. Fidelity Coverage. Reserved

7. Pollution Liability Insurance. 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,

Contract No. C46310
6 Revised 07-2023
BBK 72500.00001\32374943.1
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 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.

Contract No. C46310
7 Revised 07-2023
BBK 72500.00001\32374943.1

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 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

Contract No. C46310
8 Revised 07-2023
BBK 72500.00001\32374943.1
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 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. [SIGNATURES ON FOLLOWING PAGE]

Contract No. C46310
9 Revised 07-2023
BBK 72500.00001\32374943.1

SIGNATURE PAGE TO LONG FORM CONSTRUCTION AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT
AND JACOBSSON ENGINEERING CONSTRUCTION, INC.

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

JACOBSSON ENGINEERING
CONSTRUCTION, INC.,

AN S CORPORATION
By:

Dan Jacobsson, President
By:

Erik Jacobsson, Treasurer
650389 A & B
Contractor’s License Number and
Classification
1000008233
DIR Registration Number (if applicable)
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
Bonds: _____

Contract No. C46310
10 Revised 07-2023
BBK 72500.00001\32374943.1

Contract No. C46310
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 Jacobsson Engineering Construction, Inc., (hereinafter referred to as the “Contractor”) an agreement for the Desert Willow Public Parking Improvement Project (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 September 26, 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, Jacobsson Engineering Construction, Inc., 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 One Million Five Hundred Twenty-Nine Thousand Three Hundred Sixty-Five Dollars, ($1,529,365.00), 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

Contract No. C46310
(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]

Contract No. C46310
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.

Contract No. C46310
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

Contract No. C46310
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.

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

Contract No. C46310

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 26, 2023, has awarded to Jacobsson Engineering Construction, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows:

Desert Willow Public Parking Improvement Project (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 September 26, 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 One Million Five Hundred TwentyNine Thousand Three Hundred Sixty-Five Dollars, ($1,529,365.00) 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 modification of any terms of payment or extension of the time for any payment pertaining or

Contract No. C46310
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]

Contract No. C46310
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.

Contract No. C46310
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

Contract No. C46310
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.

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

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

PROPOSAL DOCUMENT REPORT
IFB No. CFA00025
Desert Willow Public Parking Improvements
RESPONSE DEADLINE: October 12, 2023 at 2:00 pm
Report Generated: Monday, October 16, 2023
Jacobsson Engineering Construction, Inc. Proposal

CONTACT INFORMATION
Company:

Jacobsson Engineering Construction, Inc.

Email:
[email protected]
Contact:

Patrick Johnston
Address:

P.O. Box 14430
Palm Desert, CA 92255
Phone:
(760) 345-8700
Website:
www.jacobssoninc.com
Submission Date:

Oct 12, 2023 1:25 PM

PROPOSAL DOCUMENT REPORT
IFB No. CFA00025
Desert Willow Public Parking Improvements

PROPOSAL DOCUMENT REPORT
PUBLIC WORKS - Desert Willow Public Parking Improvements

ADDENDA CONFIRMATION
Addendum #1
Confirmed Oct 6, 2023 10:15 AM by Patrick Johnston

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 CFA00025 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.

PROPOSAL DOCUMENT REPORT
IFB No. CFA00025
Desert Willow Public Parking Improvements

PROPOSAL DOCUMENT REPORT
PUBLIC WORKS - Desert Willow Public Parking Improvements

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.

PROPOSAL DOCUMENT REPORT
IFB No. CFA00025
Desert Willow Public Parking Improvements

PROPOSAL DOCUMENT REPORT
PUBLIC WORKS - Desert Willow Public Parking Improvements

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

PROPOSAL DOCUMENT REPORT
IFB No. CFA00025
Desert Willow Public Parking Improvements

PROPOSAL DOCUMENT REPORT
PUBLIC WORKS - Desert Willow Public Parking Improvements

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

Hub International
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.docx

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

BIDDER_INFORMATION_AND_EXPERIENCE_FORM.docx

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.

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

PROPOSAL DOCUMENT REPORT
IFB No. CFA00025
Desert Willow Public Parking Improvements

PROPOSAL DOCUMENT REPORT
PUBLIC WORKS - Desert Willow Public Parking Improvements

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. IRAN CONTRACTING ACT CERTIFICATION*
Pass
(Public Contract Code section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option selected below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years.

The Contractor is not identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or a financial instruction that extends, for 45 calendar days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.

PROPOSAL DOCUMENT REPORT
IFB No. CFA00025
Desert Willow Public Parking Improvements

PROPOSAL DOCUMENT REPORT
PUBLIC WORKS - Desert Willow Public Parking Improvements

10. 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.

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

11. 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

PROPOSAL DOCUMENT REPORT
IFB No. CFA00025
Desert Willow Public Parking Improvements

PROPOSAL DOCUMENT REPORT
PUBLIC WORKS - Desert Willow Public Parking Improvements

12. 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. 650389 A&B
Click to Verify Value will be copied to clipboard

13. 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. 1000008233
Click to Verify Value will be copied to clipboard

14. Type of Business*
Pass
S Corporation (if corporation, two signatures are required)

15. 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.

Jacobsson Engineering Construction, Inc.

Click to Verify Value will be copied to clipboard

16. How many years has Bidder’s organization been in business as a Contractor? * Pass
31 years

PROPOSAL DOCUMENT REPORT
IFB No. CFA00025
Desert Willow Public Parking Improvements

PROPOSAL DOCUMENT REPORT
PUBLIC WORKS - Desert Willow Public Parking Improvements

17. 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
A. Full Name - Dan Jacobsson
B. Title - President
C. Physical Business Address- 72310 Varner Rd. Thousand Palms, Ca, 92276 D. Email Address - [email protected]
E. Phone Number - 760-396-7642

PRICE TABLES
TABLE 1

PROPOSAL DOCUMENT REPORT
IFB No. CFA00025
Desert Willow Public Parking Improvements

PROPOSAL DOCUMENT REPORT
PUBLIC WORKS - Desert Willow Public Parking Improvements

Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Mobilization 1 LS $65,000.00 $65,000.00
2 Traffic Control 1 LS $2,500.00 $2,500.00
3 Dust Control 1 LS $10,000.00 $10,000.00
4 Clearing and Grubbing 1 LS $31,000.00 $31,000.00
5 Earthwork (4,000 CY Cut and 4,000 CY Fill) 4,000 CY $28.00 $112,000.00 6 7" Aggregate Base 77,500 SF $1.40 $108,500.00
7 4.5" AC Pavement 77,500 SF $3.75 $290,625.00
8 Construct 6" Type II Curb per City of Palm Desert Std. Dwg. No. 103 3,150 LF $21.00 $66,150.00 9 Construct 6" Curb and Gutter Type I, per City of Palm Desert Std Dwg. No. 102 350 LF $33.00 $11,550.00 10 Construct 4' wide Valley Gutter, per City of Palm Desert Std Dwg No. 112 1,200 LF $51.00 $61,200.00 11 Construct Concrete Driveway per City of Palm Desert Std. Dwg. No. 105 150 SF $14.50 $2,175.00 12 Construct 8' wide Meandering Sidewalk, per City of Palm Desert Std. Dwg. No. 104 2,050 SF $7.00 $14,350.00 13 Construct 8' wide P.C.C. Cart Path per city of Palm Desert Std. DWg. No. 104 550 SF $12.00 $6,600.00 14 Construct 10' wide P.C.C. Cross Gutter, Type II, per City of Palm Desert Std. Dwg.

No. 108
850 SF $16.00 $13,600.00
15 Construct Curb Ramp per Caltrans Std. Plan A88A, Case A Modified per Plan 2 EA $4,900.00 $9,800.00 16 Construct Curb Ramp per Caltrans Std. Plan A88A, Case C 2 EA $1,700.00 $3,400.00

PROPOSAL DOCUMENT REPORT
IFB No. CFA00025
Desert Willow Public Parking Improvements

PROPOSAL DOCUMENT REPORT
PUBLIC WORKS - Desert Willow Public Parking Improvements

Line Item Description Quantity Unit of
Measure
Unit Cost Total
17 Construct 6" Schedule 40 PVC Sleeve 1,350 LF $42.00 $56,700.00 18 Construct Trash Enclosure 1 LS $88,000.00 $88,000.00 19 Construct Parking Lot Lighting 39 EA $13,300.00 $518,700.00 20 Install Curb Inlet Catch Basin, per Riv. Co. Std 302 1 EA $8,900.00 $8,900.00 21 Construct Gutter Depression, per Riv. Co. Std 311 1 EA $615.00 $615.00 22 Construct Standard Drywell per City of Palm Desert Std. Dwg. No.111 1 EA $11,500.00 $11,500.00 23 Construct Drainage System Improvements 1 LS $14,500.00 $14,500.00 24 Signing and Striping 1 LS $22,000.00 $22,000.00
TOTAL $1,529,365.00

DESIGNATION OF SUBCONTRACTORS
The subcontractor(s) listed below will perform work or labor or render service to the contractor in or about the construction of the work or improvement, or are subcontractors licensed by the State of California who will, under subcontract to the contractor, specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the Contract Documents, in an amount in excess of one-half of one percent (0.5%) of the contractor’s total bid.

Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.

In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Division 2 of the California Public Contract Code, the Bidder shall set forth below:
(a) The portion of the work to be done by the subcontractor; (b) The name and the location of the place of business; (c) The California contractor license number; and
(d) The DIR public works contractor registration number.

If a Bidder fails to specify a subcontractor or if a Bidder specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself.

Portion of
Work to be
done by
Subcontractor
Percent of
Total Base
Bid
Name of
Subcontractor
Location
of
Business
CSLB
Contractor
License
No.

DIR
Registration
Number
Signing and
Striping

1.2% ABC
Resources
1527 W
State Street
Ontario, Ca
538680 1000001608
Asphalt Paving 15.6% Matich
Corporation
P.O. Box
10 Highland,
Ca. 92346
149783 1000004260
Electrical 28.9% Crosstown
Electric
5454 Diaz
Street,
Irwindale,
Ca. 91706
756309 1000000155

Portion of
Work to be
done by
Subcontractor
Percent of
Total Base
Bid
Name of
Subcontractor
Location
of
Business
CSLB
Contractor
License
No.

DIR
Registration
Number
(Attach additional sheets if necessary)

BIDDER INFORMATION AND EXPERIENCE FORM
A. INFORMATION ABOUT BIDDER
(Indicate not applicable (“N/A”) where appropriate.)
NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.

1.0 Name of Bidder: JACOBSSON ENGINEERING CONSTRUCTION, INC.

2.0 Type, if Entity: ___________________________________________

3.0 Bidder Address: PO Box 14430, Palm Desert, CA 92255 760-345-8799_________________________760-345-8700___
Facsimile Number Telephone Number
[email protected]
Email Address

4.0 How many years has Bidder’s organization been in business as a Contractor? 31 Years

5.0 How many years has Bidder’s organization been in business under its present name? 31 Years

5.1 Under what other or former names has Bidder’s organization operated? N/A

6.0 If Bidder’s organization is a corporation, answer the following:

6.1 Date of Incorporation: 7/31/1992

6.2 State of Incorporation: California

6.3 President’s Name: Dan Jacobsson

6.4 Vice-President’s Name(s): N/A

6.5 Secretary’s Name: Natalie Jacobsson

6.6 Treasurer’s Name: Erik Jacobsson

7.0 If an individual or a partnership, answer the following:

7.1 Date of Organization: N/A

7.2 Name and address of all partners (state whether general or limited partnership): N/A

8.0 If other than a corporation or partnership, describe organization and name principals: N/A

9.0 What type of work does the Bidder normally perform with its own forces?

Grading, Demolition, Site Concrete, Wet and Dr Utilities, Earthwork, Paving

10.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why: No

11.0 Within the last five years, has any officer or partner of Bidder’s organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation: No

12.0 List Trade References:

Company Name: Phone # Contact Name: Email:

Desert Redi-Mix (Coronet) 760-398-7717 Liz Tapia [email protected] Desert Sewer Supply 760-343-2231 Ted Kriebel [email protected] Robertson's Ready Mix 951-493-6515 Kem Gotzon [email protected] Superior Ready Mix 760-343-3418 Sandi Underwood [email protected] Trench Shoring 310-327-5554 Leslie Turpin [email protected] Vulcan Materials 951-316-4069 Joelle Donaldson [email protected] West Coast Sand & Gravel 800-522-0282 Lupe Wright [email protected] Western Waterworks 909-597-7000 Jennfer Hines [email protected] [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

B. LIST OF CURRENT PROJECTS (BACKLOG)
[**Duplicate Page if needed for listing additional current projects.**] Project Client Reference (agency
name/contact info)
Description of Bidder’s
Work
Compl
etion
Date
Cost of Bidder’s
Work
Vista Sunrise II
Apartment
Project
Sun Country Builders, David
Chorbajian, 760-630-8042
Grading & Concrete 2024
$1,128,602
Limelight Hotel
Mammoth Lakes
PENTA, Scott Rodarte,
[email protected]
m
Grading, Wet Utilities, Dry
Utilities, Concrete work,
parking Lot Improvements
2025
$5,566,538
NBCU Sheriff
Facility
PENTA, Adam Noureddine,
anoureddine@pentabldggroup
.com
Wet and Dry Utilities, Site
Concrete, Curbs and
Sidewalks
12/15/2
023
$896,000
Nova Tract Josefina, LLC
Sewer, Storm Drain, Water,
and Street Improvements
12/1/20
23 $1,504,000
Sharp Grossmont
Neuroscience
Layton
Sammy Giraldo
[email protected]
om
Grading, Wet Utilities, Site
Concrete
2024
$1,970,000
Mechanics Bank
Building
Doug Wall Construction Underground Utilities
10/31/2
023
$402,000
One Quail Place
City of Palm Desert, Ryan
Gayler, 760.776.6393
Parking Lot Improvements
and Carports
12/21/2
023
$2,274,467
ER Reliability
Distribution
Improvements
San Manuel Band of Mission
Indians, Ryan Bressler,
Ryan.Bressler@sanmanuelnsn.govDry Utilities
10/31/2
023
$919,255
Via De Anza
Street
Improvements,
PH II
City of Cathedral City Street Improvements
10/13/2
023
$612,394
Desert Aids
Project
DAP, Rob Carrol, 760-656-
8461
Parking Lot Improvements,
Wet and Dry Utilities,
Concrete Flatwork
11/10/2
023
$1,290,058
8th Street
Sidewalk
City of Desert Hot Springs,
Jilleen Ferris,
[email protected]
Sidewalk Installation, Curb
and Gutter
10/24/2
023
$483,894

Yuma
Graham Crackers, Paul Viau,
paulviau@grahamcrackersde
mo.com
Demolition, Site Utilities 2025
$426,735
Cotino
Gatehouse
PENTA, Scott Rodarte,
[email protected]
m
Storm Drain
10/13/2
023
$37,340

C. LIST OF COMPLETED PROJECTS – LAST THREE YEARS
[**Duplicate Page if needed for listing additional completed projects.**] Please include only those projects which are similar enough to demonstrate Bidder’s ability to perform the required Work.

Project Client Reference (agency
name/contact info)
Description of
Bidder’s Work
Completion
Date
Cost of Bidder’s
Work
Coachella Valley
Arena - East Parking
Lot
McCarthy
John Moffatt
949-887-3832
Demo,
Earthwork,
Grading, Site
Utilities 12/1/2022 $5,840,444.00
Coachella Valley
Arena
Aecom/Hunt Construction
Group, Inc.

Santiago Nunez
[email protected] Site Utilities 12/1/2022 $9,802,292.00 Ya'amava Area
Development
The PENTA Building Group
Lee Mason
775-400-6512
Grading,
Earthwork, Site
Utilties, Site
Concrete 12/31/2021 $29,221,348.00
Destiny Church
Pastor Nate Conant
[email protected]
Earthwork,
Grading, Site
Concrete,
Asphalt, Storm
Drain 8/31/2023 $368,028.00
Jefferson
Street/Roundabout
Ubaldo Ayon
760-275-2789
[email protected]
Street
Improvements 12/1/2022 $2,755,321
Veteran's Village
Doug Wall Construction
Bill Butler [email protected]
Demo,
Earthwork,
Concrete,
Storm Drain 9/1/2022 $2,048,514
ACBCI Spa Museum
PENTA
Scott Rodarte
[email protected]
Site Utilities,
Grading, Site
Concrete 6/30/2022 $3,639,248
Cathedral City
Casino - Onsite
Improvements
PENTA
Scott Rodarte
[email protected]
Site Utilities,
Grading, Site
Concrete 12/31/2020 $8,089,900

D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:

The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.

1.List each person’s job title, name and percent of time to be allocated to this project:

Project Manager TBD-25%
Superintendent – Ramiro Corona– 25%
Foreman TBD – 100%

2. Summarize each person’s specialized education:

Erik Jacobsson, Project Manager
• CPR and First-AidCertified
• Wire Rope Rigging
• Heat Illness PreventionTraining
• AQMDPM-10(AirQualityManagementDistrictParticulateMatter10)Certification Dan Jacobsson, Project Manager
• B.S. in Engineering Technology, Construction from Cal Poly University, Pomona. • CPR and First-AidCertified
• Wire Rope Rigging
• Heat Illness PreventionTraining
• AQMDPM-10(AirQualityManagementDistrictParticulateMatter10)Certification Ramiro Corona, Superintendent
• OSHA 30 HourTraining
• CPR and First-AidCertified
• Excavation Safety CompetentPerson
• Confined Space Entry Competent Person
• Fall Protection CompetentPerson
• Heat Illness PreventionTraining
• AQMDPM-10(AirQualityManagementDistrictParticulateMatter10)Certification Foremen
• All of our Foremen have training in CPR, First Aid, AED, as well as relevant competent person training.

3. List each person’s years of construction experience relevant to the project:
• Dan Jacobsson, Project Manager – 43 Years
• Patrick Johnston, Project Manager – 34 Years

• Erik Jacobsson, Project Manager – 10 Years
• Ramiro Corona, Superintendent – 25 Years

4. Summarize such experience:

Dan Jacobsson, Project Manager
• President and CEO of Jacobsson Engineering Construction since 2002. • Successfully completed 200+ construction projects, totaling $200+ million. • Holds a B.S. in Engineering Technology, Construction from Cal Poly University, Pomona. • Over 21 years of relevant construction experience.
• Acts as Project Executive, overseeing project managers, executing contract documents, managing labor agreements, and mitigating risks.
• Demonstrates unwavering commitment to customer satisfaction with 24/7 availability.

Ramiro Corona, Superintendent
• Ramiro Corona is a seasoned professional with 25 years of experience in the civil construction industry. He has been an integral part of Jacobsson Engineering Construction since 1999, where he has consistently demonstrated exceptional leadership skills and an unwavering commitment to safety. Extensive industry experience: Over two decades of hands-on experience in the civil construction sector. • Proficient in managing projects encompassing various construction aspects, from concrete work to utilities. • Safety champion: Proven track record of maintaining a high standard of safety on job sites. • Fluent in English and Spanish, facilitating effective communication with diverse teams and clients. • Client-centered availability: Committed to being available to clients 24/7, reflecting a customer-centric approach.

ErikJacobsson, Project Manager
• Successfully completed 32+ construction projects, totaling $50+ million. • Proficient in project planning, execution, and resource allocation, ensuring seamless project delivery.
• Demonstrates expertise in contract negotiation, procurement, and vendor management, resulting in cost-effective project outcomes.
• Strong advocate for safety compliance, maintaining a strong safety record. • Mentors and empowers project teams, fostering a culture of excellence and accountability.

Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.

E. ADDITIONAL BIDDER’S STATEMENTS:

If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: October 26, 2023
PREPARED BY: Christina Canales, Land Development Technician REQUEST: ACCEPT TWO PUBLIC PARKS, RELEASE THE FAITHFUL

PERFORMANCE AND PAYMENT (LABOR AND MATERIALS) BONDS,

AND ACCEPT THE MAINTENANCE (WARRANTY) BOND FOR THE
PARKS FOR TR 37506-1, UNIVERSITY PARK
RECOMMENDATION:

1. Accept two Public Parks on Tract Map No. 37506-1.

2. Release the Faithful Performance and Payment (Labor and Materials) Bonds each in the amount of $583,932.80.

3. Accept the Maintenance Warranty Bond in the Amount of $58,393.28.

BACKGROUND/ANALYSIS:

On November 20, 2018, Planning Commission approved by Resolution No. 2745 a request by University Park Investors, LLC (801 San Ramon Valley Blvd., Suite F, Danville, CA 94526) to construct a 174+ acre, master planned subdivision located on Gerald Ford Drive between Portola Avenue and Pacific Avenue. Tract Map 37506-1 is phase I of this project. Phase I includes 16 public streets, two public parks (A & B), and 236 single family lots.

Bonds in the amount of $583,932.80 for Faithful Performance and $583,932.80 for Payment (Labor and Materials) were submitted for construction of the parks. Separate bonds for public improvements for streets and grading were submitted at the time of map approval.

The two (2) public parks including Park A (Lot PP of Tract Map 37506-1), APN: 694-574-003, 1.32 acres and Park B (Lot X of Tract Map 37506-1), APN: 694-570-040, 0.99 acres. Park A includes playground equipment with shade structures, tables and benches, a drinking fountain, and a walking trail. Park B consists of a walking trail, a bench, and open space. See Attachment 4.

On September 11, 2023, the Public Works Department verified the completion of the parks.

Additionally, the Engineer of Record has submitted a Letter of Certification verifying the completion of improvements. Improvements for the parks can be found in approved grading plan G-1426. A Record Drawing of the improvements is on file in the Development Services Department.

Pursuant to the Palm Desert Municipal Code Section 26.28.140, the City of Palm Desert requires the acceptance of a ten percent Maintenance guarantee for a one-year period after completion of improvements. The developer has submitted a Maintenance (Warranty) Bond in the amount of $58,393.28.

City of Palm Desert
Accept Parks Improvements, Release Faithful Performance and Payment (Labor and Materials) Bonds, and Accept Maintenance Bond

LEGAL REVIEW:

The City Attorney’s Office has reviewed this report.

FINANCIAL IMPACT:

The City will be required to maintain the Parks upon acceptance and release of the bonds. The cost to maintain both Parks is estimated to be $26,400 per year and is budgeted in the Park Maintenance Account No. 110-4611-433-2001.

ATTACHMENTS:

1. Faithful Performance and Payment (Labor and Materials) Bonds

2. Maintenance (Warranty) Bond

3. Vicinity Map

4. Approved landscape Plans for Park A and Park B

Portola Avenue
McCarthy St
Portola A
venue
Dexter St
McCarthy St
Portola A
venue
College Drive
Portola A
venue
Hartley St
Storke Dr
Gerald Ford Drive
Andrews Dr
Hinksey
St
Dexter St
Cannon Dr
Lasuen St
Becker St
Hartle
y
St
Harper St
Lasuen
St
College Drive
Radford
Dr
Royce Dr
Karsten St
Randall Ln
Pacific Avenue
Wallace St
Bertain Dr
Storke Dr
Dinah Shore Drive
Gerald Ford Drive
Franklin Dr
Pacific Avenue
Wallace St
Parker Ln
Bertain Dr
Harper St
Nichols Dr
College Drive College Driv e
Buckley
Dr
Aldrich Dr
Aldrich
Dr
Terrazzo Loop
Hewitt Dr
Putm
a
n
St
Vicinity Map
Esri Community Maps Contributors, Loma Linda University, UC Riverside, City of Palm Desert, County of Riverside, California State Parks, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/
Palm Desert Parcels
Palm Desert City Boundary
10/11/2023, 5:14:03 PM
0 0.02 0.04 0.08 mi
0 0.03 0.07 0.13 km
1:2,257
Esri Community Maps Contributors, Loma Linda University, UC Riverside, City of Palm Desert, County of Riverside, California State Parks, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, Park A
APN: 694-574-003

1.32 acres
Park B
APN: 694-570-040

0.99 acres

A
B
B
A
A
A
B
B
B
A
C
C
C
C
C
A
C
C
C
60" ROUND
60" ROUND
10 W/H
10 10
10 PREP.

CABLE/
I.T. FIRE

MENS WOMENS

FITNESS
JAN.

JAN.

W/H
50 -0"
50 -0"
4 -0" 14 -6" 15 -0"
2 -0"
4 -0" 14 -6" 15 -0" 14 -6"
SITE MAP, N.T.S.
77-899 WOLF RD.

PH. (760) 777-9131
FAX (760) 777-9132

PALM DESERT, CA
LIC# 2754, EXP 04/30/20
92211

HERMANN

CITY OF PALM DESERT, CA

UNIVERSITY PARK - PHASE ONE

DESIGN GROUP
SUITE 102
PARK "A" - PRELIMINARY LANDSCAPE PLAN

SITE FURNITURE

DRINKING FOUNTAIN

PLAY STRUCTURES

SHADE STRUCTURE

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: October 26, 2023
PREPARED BY: Veronica Chavez, Director of Finance
Martin Alvarez, Director of Public Works
Jess Culpeper, Director of Capital Projects
REQUEST: TROPICAL STORM HILARY RECOVERY UPDATE AND REQUEST FOR APPROPRIATION 10.26.23
RECOMMENDATION:

1. Receive and file update on the August 2023 Weather Event Storm Recovery and Redevelopment.

2. Authorize Director of Finance to appropriate $925,000 to Account No. 110459-430900 from committed General Fund Emergency Reserve Balance.

BACKGROUND/ANALYSIS:

On August 20, 2023, Tropical Storm Hillary wreaked havoc on the Coachella Valley. An emergency declaration was immediately put in place within the City of Palm Desert. Under the direction of the City Manager, staff took immediate action to procure needed services to protect life and property as authorized by the emergency declaration. City staff worked tirelessly to ensure the community endured minimal impact. Part of that work included engaging various vendors to provide necessary supplies and services in support of emergency operations, in addition to costs anticipated to be incurred as a result of the response to the weather event.

To date, the City Council has approved appropriations totaling $3,765,000 to cover the initial emergency response, Mid Valley Channel infrastructure, as well as any immediate anticipated recovery costs. City staff will be providing updates in order to facilitate expeditious response to provide an efficient recovery, as well as prepare for future storms by redeveloping and shoring up infrastructure weaknesses identified as a result of Hillary.

As Public Works staff continues recovery efforts at Freedom Park, quotes have recently been requested for work associated with removal of the extensive mud/dirt that remains on the site.

Three bids were received, with the lowest responsive bid coming in at $873,436.25 plus $50,000 contingency. Funds previously appropriated for this purpose are currently earmarked for alternative infrastructure and/or clean up areas, so an additional $925,000 appropriation is necessary to continue remediation efforts.

A separate staff report is included on this agenda to award the contract.

City of Palm Desert
Tropical Storm Hilary Update

Below is the most recent Hilary update:

Description General
Disaster
Freedom
Park
Spanish
Walk
Combined
Total
Mid Valley
Channel
September Appropriations $1,146,455 $317,651 $300,894 $1,765,000 $2,000,000 This Request $925,000 $925,000
Invoices to date $295,334 $20,071 $161,143 $476,548 $0.00 Balance Remaining $851,121 $1,222,580 $139,751 $2,213,452 $2,000,000 Anticipated Costs $650,000 $1,222,580 $139,751 $2,012,331 $2,000,000 Balance Remaining $201,121 0 0 $201,121 0
Legal Review:

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

FINANCIAL IMPACT:

Staff is requesting an appropriation in the amount of $925,000 be added to Account No. 1104159-4309000 from committed Emergency Reserve Funds. To date, $3.765M has been appropriated to cover initial storm recovery costs. As studies are completed and infrastructure identified as necessary components to storm recovery and/or preparedness, additional appropriations may be necessary. Funds are available as 20% of the 2023-24 Budgeted General Fund Revenues ($15,110,893) have been reserved and set aside for this purpose. Additional monies are identified in both the Facilities Reserve $19M (infrastructure, parks, etc.) and CIP Reserve $14M categories and may also be used at City Council’s direction, for this purpose.

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: October 26, 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:

On October 12, 2023, the City Council continued this matter to its meeting on October 26, 2023.

Mayor Kelly appointed a City Council Subcommittee consisting of Councilmembers Harnik and Trubee to consider all the factors relevant to this matter and collaborate with staff on a supplemental report.

City Council Subcommittee Review
City staff met with the City Council Subcommittee on Tuesday, October 17, 2023 to discuss the staff recommendation for the PDAC management contract. Some topics included comparisons of key components of the proposals, a summary of the review process, and questions and answers. Staff also provided an overview of the scoring criteria and the scores received by each proposal.

The Subcommittee relayed some of the community’s concerns that had been expressed to them, especially regarding staff retention at the facility should the recommended transition occur, and consistency in local programming. Staff conveyed that the recommended management company had committed to bringing current aquatic center staff on board as well as keeping existing programs in place, as they initiate the process of working with the community to create new program opportunities. Council Subcommittee members conveyed that they came away from the meeting with a clear understanding of the proposal review process and the logic behind the staff recommendation.

City of Palm Desert
Award Contract for PDAC Management

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 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

City of Palm Desert
Award Contract for PDAC Management

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.

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

City of Palm Desert
Award Contract for PDAC Management

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, while maintaining community interest and engagement, were encouraged from each submitter.

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.

They will also continue to offer the program opportunities that the community already enjoys at the PDAC (Attachment 3).

Key factors leading to the recommendation:

City of Palm Desert
Award Contract for PDAC Management

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.

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

City of Palm Desert
Award Contract for PDAC Management

represent them on the evaluation team, which consisted of four City staff members, the representative from the contracted aquatic consulting firm, 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 $2,482,750 for all operational costs (Management and City) of PDAC under the following accounts:
*Expenditures maintained by Community Services Division The interim, 6-month contract with the YMCA has expended $82,500 of the $165,000 allocated to the management fee. 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 2023-24 to $176,000.

FY 2023-24 Account # Budget Total
Supplies-Pool Chemicals* 2424549-4211100 140,000
Supplies 2424549-4219000 20,000
Prof-Other 2424549-4309000 17,500
Management Fee 2424549-4309300 165,000
Replacement Costs* 2424549-4331100 15,000
Contracted Pool Maintenance* 2424549-4331101 210,000
Utilities* 2424549-4351/2/4000 230,000
Filing Fees* 2424549-4364000 2,750
Phones* 2424549-4365000 5,000
COGS-Food / Merchandise 2424549-4801100 40,000
Contracted Labor 2424549-4802101 1,637,500
$2,482,750
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

City of Palm Desert
Award Contract for PDAC Management

Based on current expenditure trends and other inflation 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

3. Letter from Sports Facilities Companies dated October 18, 2023

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

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

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.

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

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

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

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.

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

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,

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

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.

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

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

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

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

CITY OF PALM DESERT, CA
Palm Desert Aquatic Center

MANAGEMENT SERVICES
September 5, 2023

THE SPORTS FACILITIES COMPANIES // SPORTS FACILITIES MANAGEMENT, LLC

MANAGEMENT AND OPERATIONS OF THE PALM DESERT AQUATIC CENTER

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

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:

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]

4 SPORTS FACILITIES COMPANIES
B. Experience
and Technical
COmpetence

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

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.

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

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

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

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

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

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

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

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

15 SPORTS FACILITIES COMPANIES
C. Firm Staffing
and Key
Personnel

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

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

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

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.

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

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

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

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

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

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

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

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.

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.

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.

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

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.)

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.

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

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.

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.

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

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

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

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

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.

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

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

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

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

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

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

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

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

18 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.