Palm Desert City Council
November 16, 2023

www.speridian.com | 9201 Corporate Blvd, Suite 450, Rockville, MD, 20850 47

8.2 Data Conversion Architecture:

Source
system
Extract Data from
Source System(s)
Transform Staging 1
Data to Staging 2
Data Quality
Assessment
Load Staging 2 Data to
Validation Sandbox
Load Staging 2 Data to
Production Sandbox
Reference
Code Map
Data Cleansing
System/Process
Predefined
System Staging 1 Staging 2
1 2
3 4 5 6 7

www.speridian.com | 9201 Corporate Blvd, Suite 450, Rockville, MD, 20850 48 Stage Summary Associated Migration Task Owner
1 Data is extracted from the Source
System(s)
List of Source System(s) tables in scope for data Migration.

Data will be extract 1:1 without any transformation.

ETL Team, Source
System(s) Business
and Tech Team
2 (optional) Account data is
cleansed and de-duplicated in a
special-purpose data cleansing
process
NA NA
Create tables in staging 1 database/schema. Number of tables 1:1 in scope for migration. Definition of tables mirrors Source System(s).

ETL Team
Advise on the transformation rules, process, and criteria to deliver the data in a manner that is will allow it to align with the future state.

SF DA, Source
System(s) Business
and Tech Team
Create data mapping config workbook for ETL jobs with
Source System(s) columns, where conditions, attributes, Standardization, Transformation, Metadata definitions, Usage, and Mapping
SF DA, Source
System(s) Business
and Tech Team, ETL
Team, Data Gov
Create tables in staging 2 database/schema. Number of tables 1:1 in scope for migration to Salesforce org. Definition of tables mirrors salesforce object with existing/additional fields.

ETL Team
Reference code (picklist) mappings are read from a table (optional).

ETL Team
Additional logic to transform or enrich the data
standardization, transformation is implemented in this step of processing as well
ETL Team
Link parent - child objects using lookup fields on dependent objects, IDs of rows loaded into parent objects in Salesforce are retrieved before loading dependent/child objects.

ETL Team
Technical data validation - source vs target row count, ownership count, historical dates SF DA, ETL Team
Reports are run on the Staging 2 data storing Salesforce objects to identify any data quality issues.

Business Team
If any are found, data cleanup on the source system may be done before proceeding to step 6. Steps 1-5 could be run repeatedly before step 6 is run for the first time.

ETL Team
Technical data validation - source vs target row count, ownership count, historical dates SF DA, ETL Team
Business users will perform usability and functional testing on the data in this environment before a load to Production Salesforce is done.

Business Team
Integration testing with migrated data Testing
Objects are loaded in a sequence based on dependencies
(e.g., Accounts, then Contacts). Lookup fields on dependent objects, IDs of rows loaded into Parent objects in Salesforce are retrieved before loading dependent/child objects.

ETL Team
Track data load time per object to plan for production load ETL Team Final production load ETL Team
Technical data validation - source vs target row count, ownership count, historical dates SF DA, ETL Team
Each source system extract is
loaded into a separate table in a
relational database.
3 4
7 The final step is loading to
Production Salesforce. ETL is used
to once again read data from the
Staging 2 tables and load into
Production Salesforce.
5 Reports or queries are run on the
Staging 2 data to identify any
data quality issues.
6 ETL loads data from the Staging 2
tables into a sandbox that mirrors
the configuration of the
Production Salesforce org.

The data in the Staging 1 tables is
transformed using ETL and stored
in the Staging 2 tables.

www.speridian.com | 9201 Corporate Blvd, Suite 450, Rockville, MD, 20850 49 Training Materials
User Manuals
Help Videos
Release Updates
Certifications
Hands-on Training
Exams & Quizzes Certified Trainers
Best practices

RECORDINGS
User Training
A comprehensive user training will be
provided to the users of City Team
who can play the role of a trainer to
train other users
Admin Training
Training for MMWSS Employees who will
play the role of Admin and would be
involved in performing administrative
tasks in the applications
Key Responsibilities of
Super Users
 Thoroughly understanding the application functionality  Thoroughly understanding different user profiles and the access controls applicable to each of them  Training the end users on how to use the application based on their roles and responsibilities  Resolving end user basic queries
 Understanding the administrative capabilities of the system  Performing the day-today basic administration of the application Super User
Stake holders who will
own the application on
day-today basis
Instructor-led
Design Training Program Delivery Training Evaluation Ready for UAT

9.Training
As part of this proposal, Speridian will provide a ‘Super User’ training. The training will be conducted on-site and divided into two parts.

1. User Training

2. Admin Training
Super Users: Super Users are defined as Client’s stake holders who will own the application on day-today basis. The key responsibilities of a Super User include  Thoroughly understanding the application functionality.  Thoroughly understanding different user profiles and the access controls applicable to each of them.
 Training the end users on how to use the application based on their roles and responsibilities.
 Resolving end user basic queries.
 Understanding the administrative capabilities of the system.  Performing the day-today basic administration of the application

www.speridian.com | 9201 Corporate Blvd, Suite 450, Rockville, MD, 20850 50 Training component details are described below

1. User Training
 Process Walk Through: Speridian will walk the Super Users through the different functional processes built within the system. This will be done via a presentation.  Supervisor Training: Here the Super Users will be trained on the tasks that a supervisor should perform within the system to efficiently run his team.  Management Training: The Super Users will be explained on how the management can use the system to track the overall progress of the department/Organization.  Dos & Don’ts: Super User will be briefed about the dos and don’ts for a Super User and other profiles created within the system. This will be with respect to the functional processes.

2. Admin Training
 Administrative Concepts: Speridian will explain the Super User the concepts of the application administration. This will help the Super User understand the extent to which they can administer and maintain the application without Speridian’s help.  Profile Management: One of the key administrative tasks for the Super User would be to manage the profiles and access controls based on the profiles. Speridian will train the Super User on how to add & modify these profiles.  User Management: The other key tasks is to add & remove users. If a new user is added, then associate the right profile with the user. Post admin training, the super user will be able to perform this task.
 Application Administration: The other administrative tasks within the purview of Super User’s responsibility will be explained.
 Dos & Don’ts: Super User will be briefed about the administrative dos and don’ts.

Our training plans are agile and are designed to meet the City’s expectations. During our training planning session, a thorough assessment of the audience, their technical skill level, experience using similar solutions etc. are taken into consideration when deciding the Training batches or groups to ensure the message is reached to everyone who is part of the training.

Speridian’s Certified Trainers have comprehensive experience delivering training programs in Online mode as well as Classroom mode. One of the highly appreciated benefits of our Online training sessions are the Training Video Recordings shared with the Clients, which the Client can leverage in training more resources or future references.

51 www.speridian.com | 9201 Corporate Blvd, Suite 450, Rockville, MD, 20850 Training
Materials
Help
Videos
User
Manual
Training
Recordings
Exams/
Tests
Datasheets
Roleplay
Sessions
Other support
Docs

TRAINING

DELIVERABLES

12.1 Training Deliverables
 As part of the proposed training plan, following would be the Training Deliverables:
 The training materials shared are designed in such a way that they are easy and simple to understand for users of any levels of Technical skills.  By referring the Videos and Screenshots with step by step guidance provided as part of the training materials ensures a successful completion of the Hands-on application for the Trainees.
 Roleplays and ‘A Day in Your Life’ scenarios are some of the most successful techniques used by our trainers in training the users and admins.  Training feedback and reviews are collected after every session to ensure continuous improvement in our training methodology

www.speridian.com | 9201 Corporate Blvd, Suite 450, Rockville, MD, 20850 52

10. High-level Work Plan and Schedule
Task Name 302 days Mon 1/8/24 Fri 2/28/25
City of Palm Desert - Clariti LMS Implementation 1 day Mon 1/8/24 Mon 1/8/24 Kick-off 21 days Mon 1/8/24 Thu 2/1/24
Discovery 7 days Mon 1/8/24 Sun 1/14/24
Project Planning 5 days Tue 1/9/24 Sat 1/13/24
Clariti Environment Setup 7 days Sun 1/14/24 Mon 1/22/24 Data Conversion and Migration plan 7 days Tue 1/23/24 Wed 1/31/24 Integrations plan 7 days Mon 1/8/24 Sun 1/14/24
Analytics plan 7 days Mon 1/15/24 Tue 1/23/24
Test plan 6 days Wed 1/24/24 Wed 1/31/24
Configuration Management and Implementation plan 7 days Mon 1/8/24 Sun 1/14/24 Organizational Change Management plan 7 days Mon 1/15/24 Tue 1/23/24 Security plan 6 days Wed 1/24/24 Wed 1/31/24
Training plan 7 days Mon 1/15/24 Tue 1/23/24
Deployment plan 10 days Fri 2/2/24 Thu 2/15/24
Sprint 0 195 days Fri 2/16/24 Thu 11/14/24
Development Sprints 15 days Fri 2/16/24 Thu 3/7/24
Sprint 1 15 days Fri 3/8/24 Thu 3/28/24
Sprint 2 15 days Fri 3/29/24 Thu 4/18/24
Sprint 3 15 days Fri 4/19/24 Thu 5/9/24
Sprint 4 15 days Fri 5/10/24 Thu 5/30/24
Sprint 5 15 days Fri 5/31/24 Thu 6/20/24
Sprint 6 15 days Fri 6/21/24 Thu 7/11/24
Sprint 7 15 days Fri 7/12/24 Thu 8/1/24
Sprint 8 15 days Fri 8/2/24 Thu 8/22/24
Sprint 9 15 days Fri 8/23/24 Thu 9/12/24
Sprint 10 15 days Fri 9/13/24 Thu 10/3/24
Sprint 11 15 days Fri 10/4/24 Thu 10/24/24
Sprint 12 15 days Fri 10/25/24 Thu 11/14/24
Sprint 13 27 days Wed 10/30/24 Thu 12/5/24
Training 17 days Wed 12/4/24 Thu 12/26/24
User Acceptance Testing 10 days Fri 12/27/24 Thu 1/9/25 Revise Application Documentation 6 days Fri 12/27/24 Fri 1/3/25 Deployment and Cutover Rehearsal 7 days Mon 1/6/25 Tue 1/14/25 Release to Production 7 wks Tue 1/14/25 Mon 3/3/25
Post Go-Live Warranty Support 4 days Wed 2/26/25 Mon 3/3/25 Project Closure 14 days Wed 2/12/25 Mon 3/3/25
Turnover 0 days Mon 3/3/25 Mon 3/3/25
Close project 302 days Mon 1/8/24 Fri 2/28/25
Note: The complete MS*Project Plan (.MPP) format will be provided separately.

www.speridian.com | 9201 Corporate Blvd, Suite 450, Rockville, MD, 20850 53

11. Project Timeline
8-JAN-204 to 25-SEP-202313-JAN-2025
Start
Kick-off
Discovery
Sprint 0
Sprint 1
Sprint 2
Sprint 3
Sprint 4
Sprint 6
SIT, UAT& Regression Testing
Deployment
Post Go-Live Warranty Support
City of Palm Desert –
Clariti LMS
Implementation
1/8

JAN FEB MAR APR MAY JUN
Go-Live

JUL AUG
Sprint 5
2024 |
Finish
Sprint 7
Training
Project Closure 3/1
1/13 Go-Live
Warranty

SEP OCT NOV DEC JAN FEB MAR
Sprint 8
Sprint 9
Sprint 11
Sprint 10
Sprint 12
Sprint 13
Warranty
2025 |
Buffer
Go/No-go

www.speridian.com | 9201 Corporate Blvd, Suite 450, Rockville, MD, 20850 54

12. Proposed Delivery Team
Speridian will assign a blended USA-based / offshore model where the key delivery roles will be based in the USA and the developer roles will be based offshore from our Licensing & Permitting Delivery Center to support this implementation of the Land Management solution for the City. This is a proven model that we have successfully adopted for cities like Bakersfield, Covina, CSD, San Marcos, etc.

Please find below our proposed implementation team structure with names of our proposed key personnel:

Rebecca Tucker
Project Manager
Business Analysis Development
Gaurav Kumar
Solution Arhitect
Abdul Basit Aziz
Lead Developer
Shikhar Nautiyal
QA Testing Lead
Pradeep Varala
Clariti SME/Architect
QA
Salesforce / Clariti Specialist
Ashok Chandra
Business Analyst
QA Testing Analyst
Integration Specialist
Salesforce Experience Cloud Developer
Carl Elliott
Head of Delivery, Salesforce/Clariti
Data Migration Specialist
Salesforce Platform Developer

www.speridian.com | 9201 Corporate Blvd, Suite 450, Rockville, MD, 20850 55 Key Personnel Roles and Activities
Speridian’s key personnel will provide the following tasks and activities for the project.

Role Key
Personnel
Tasks and Activities
Head of
Delivery Carl
Elliott
 Owns and delivers the operational budget for the vertical, including productivity, financial and resource planning, and operational goals
 Identify and deliver service improvement activity across the teams through employing process improvement methodologies and the application of innovative thinking
 Provides strategic level planning including resource
planning, rate forecasting, and peak season planning
 Drives continuous improvement projects to optimize operations and improve productivity to meet and exceed business
objectives; works on strategic projects that have total building and network-wide impact.
 Effectively leverages the operations managers to solicit ideas and understand problems and challenges
 Establishes objectives and metrics for quality, productivity, and customer experience
 Sets clear goals and expectations for client success managers. Measures performance, provides feedback, and holds leaders accountable Project
Manager
Rebecca Tucker
 Demonstrate a working knowledge of project management principles, or certified as a Project Management Professional (PMP) and / or Agile certified
 Partner with the City to drive and advance project progress  Perform stakeholder analysis
 Develop Project Plans
 Author Status reports
 Facilitate meetings, including providing an agenda, recording decisions, action items, and distributing meeting minutes  Managing user-centric design and solution teams configuring Salesforce Create, facilitate input to annual legislative reports Business
Analyst
Ashok Chandra
 Identify business and technical needs
 Deliver value-based solutions and
recommendations
 Adaptive to different approaches and processes
 Ensure compliance with the City’s requirements regarding business analysis
 Collecting user-centric requirements, processes, and key artefacts using an Agile delivery model
Solution
Architect
Gaurav Kumar
 Architect cloud-based Software as a Service(“SaaS”)
 Responsible for the creation, maintenance and management of cloud architecture and lower-level components. Interpret, use and apply information contained within cloud architecture to inform a range of business improvement activities, particularly those involved in the design, development, enhancement and maintenance of cloud support systems.
 Architecting and development of scalable, secure and integrated solution on the Salesforce platform Monitor and ensure
architectural quality attributes for performance, scalability and sustainability

www.speridian.com | 9201 Corporate Blvd, Suite 450, Rockville, MD, 20850 56 Clariti
Architect
Pradeep Varala
 Provide expertise working with the Clariti product to enhance and implement the solution
 Recommends and participates in activities related to the design, development and maintenance of the Enterprise Architecture (EA).  Shares and communicates best practices, lessons learned and constantly updates the technical system architecture
requirements based on changing technologies, and knowledge related to recent, current and up-coming vendor products and solutions
 Support Speridian in defining the solution to best support client and Speridian on the Clariti/Salesforce platform.
 Address questions related to the product and how the product can support the solution, assist with translating requirements into the solution, and ensure the client is receiving the full functionality of Clariti Provide expertise working with the Clariti product to enhance and implement the solution
 Recommend and participate in activities related to the design, development and maintenance of the Enterprise Architecture (EA).  Shares and communicate best practices, lessons learned and constantly updates the technical system architecture
requirements based on changing technologies, and knowledge related to recent, current and up-coming vendor products and solutions
 Conduct code review and quality assurance reviews
QA Lead Shikhar
Nautiyal
 Review and working knowledge of (functional and non-functional) requirements
 Review and understand the impact of user stories
 Review quality specifications and technical design documents to provide timely and meaningful feedback
 Draft and create positive / negative test cases
 Draft code to create automation testing, suites for extensive regression testing
 Coordinate testing phases and work levels collaboratively with test manager to estimate and prioritize testing activities
 Practice continuous improvement via retrospectives
 Able to work horizontally and vertically across the department with stakeholder, functions, culture
 and geographically located externally
Lead
Developer
Abdul Basit
Aziz
 Salesforce and Community cloud development
 Developing and configuring, designing, and implementing Salesforce solutions
 Building Salesforce community-based portals
 Configure and extend the standard User interface in Salesforce communities

www.speridian.com | 9201 Corporate Blvd, Suite 450, Rockville, MD, 20850 57

13. Assumptions & City Involvement
General Assumptions
 Any feature which is not part of the proposed solutions’ current release shall be out of scope
 Client will provide strong sponsorship from top management to enable Speridian and the assigned project team to effectively execute the projects, resolve any issues and address any delays.
 Client will ensure that all stake holders are aware of project timelines and get their support and availability for discussions reviews and signoff within the time required.

Any delays in this would have an impact to the schedule and deliverables.  Client will appoint a dedicated program manager and process group leads who will act as coordinators for their related departments where required.  Client will assign appropriate resources to enable Speridian to complete the listed project tasks within the timeframe specified in the project plan.  Client will be responsible for providing all the required information about the Business, Application, Data and Technology components to ensure timely completion of the project tasks and deliverables.
 Client will provide the required office facilities to enable Speridian resources to conduct their tasks effectively.
 The Client Support Team from the IT support organizations will be provided in a timely manner. Any reasonable requests for extended build and testing support will not be unreasonably denied or delayed.
 For UAT, members of the user team—especially the resources who participated in the various discovery sessions—will be made available for executing the user testing activities.
 All necessary hardware and associated environments will be available as needed in conjunction with the project plan.
 No attempt will be made to change or improve the operation of the application without a CR.

www.speridian.com | 9201 Corporate Blvd, Suite 450, Rockville, MD, 20850 58 Project Assumptions
 City will provide timely review and feedback on all submitted work products and deliverables per the mutually agreed project schedule.
 Access to key City staff when decision-making is required.  City will facilitate any coordination and/or interdependencies with other system vendors, as necessary.
 The City’s project team will make available documentation that is currently available for the existing system, updated data dictionary or ERDs, and target system interfaces documentation where applicable.
 The proposed solution environments and sandboxes would need to have connectivity with the respective internal DLL/External systems as necessary and provide interfaces for consumption.
 City will help setup service accounts for external interfaces required for consumption.  The Speridian team will require access to external system Sandbox environments and/or access to resources who can help test with the integrating systems.  Speridian data conversion team will require access to actual production data extracts and documents during the conversion phase. The availability of extracts is critical to the success of the conversion phase.
 Since Speridian will be providing in-person, instructor-led training, it is expected the City will provide classrooms and equipment for onsite training, if and as appropriate.

www.speridian.com | 9201 Corporate Blvd, Suite 450, Rockville, MD, 20850 59 City Involvement
It is expected that the City will be providing overall IT System (network administration, system administration, database administration, etc.) support, e.g., System Administration support for necessary system and environment access, along with  Project Management (PM) support.
 Subject Matter Expertise (SME) support covering all relevant systems and applications.
 Access to current systems and applications, particularly current Salesforce Sandbox and developer environments and Azure DevOps environment as appropriate.  Necessary access and reasonable work accommodations for project team members, including but not necessarily limited to required building access, office space, desk, collaboration space, access to conference rooms, and any reasonable office equipment required to complete this project.
# City of Palm Desert High-Level Roles and Responsibilities A. INITIATION (PROJECT MANAGEMENT AND EXECUTION)
1 Provide a full-time City Project Manager to represent this Project, to interface with the Speridian's PM, and coordinate with the Project Sponsor for decisions relating to the Project 2 Review and approve project deliverables according to the Master Project Management Plan 3 Provide Business champion(s) and IT champion(s) to help support and execute the Project activities suggested by Speridian
4 Review and approve all project deliverables
5 Review change requests and impact analysis, and approve as appropriate B. DISCOVERY
1 Schedule meetings with appropriate SMEs to develop and refine functional and technical requirements
2 Review and approve the Design Document
3 Conduct Final Acceptance Testing for all phases of the project C. BULILD & CONFIGURATION
1 Approves the configuration documentation and environments prior to migration of data and project use
2 Participate in iterations of the Solution and provide feedback until deemed satisfactory and acceptable per agreed upon metrics (e.g. exit criteria)

www.speridian.com | 9201 Corporate Blvd, Suite 450, Rockville, MD, 20850 60 D. VALIDATION (TESTING)
1 Utilize test scripts and testing tools provided by the SI to participate in User Acceptance Testing (UAT) and provide feedback and testing results in format/tool provided by Speridian 2 Validate that the test results comply with BREG business rules, HAR/HRS requirements, test criteria and metrics
3 Approve testing results for all iterations and overall solution functionality prior to solution deployment
E. ROLL-OUT (DEPLOYMENT)
1 Review and approve deployment phases and deployment population (e.g. industry/business type) in Release Management Plan
2 Approve production deployment go/no-go decisions (per iteration/release as appropriate) F. TRAINING
1 Coordinate training rooms and attendees for different training levels G. POST GO-LIVE WARRANTY AND ONGOING SUPPORT
1 Review and approve changes to solution and regression test plans before implementation 2 Review and approve resolution and results of service requests and tickets before status is changed to "resolved" in ticketing system

61 www.speridian.com | 9201 Corporate Blvd, Suite 450, Rockville, MD, 20850

14. Maintenance & Support
In addition to providing Clariti implementation services, Speridian can also provide ongoing Maintenance & Support based upon the City’s needs.

Such support will be separately determined (via a separate SOW and is not included as part of the proposed services). Such support would be provided by Speridian’s Shared Services Group (SSG), which specializes in managing end-to-end Clariti and Salesforce Application support with tiered support levels running the spectrum from corrective to Development from “Run and Maintain” through deployment of sprint-based on-going backlog of enhancements.

Run and Maintain Administration Release Upgrades Enhancement  User Management
 Access Provisioning
 Release Readiness
 Migration
 Additional features
 Extensions and Integrations
Corrective Development

www.speridian.com | 9201 Corporate Blvd, Suite 450, Rockville, MD, 20850 62 Support Strategy
As part of Managed Support Services, Speridian will be deploying a dedicated support Point of Contact offsite for handling the support and maintenance requirements. The Speridian’s Point of Contact will work with the customer’s business point of contact, to identify and resolve customer issues if the issues are not resolved by City of Palm Desert level 1 support team and has been assigned to (Level 2 & Level 3) Support Team. He will also be responsible for conducting UAT and providing training to end users. There will be a team of resources (Functional Specialist, Architect, and Developers) to manage support and maintenance activities from offsite.
 Role: Salesforce Architect / Consultant to support, coordinate with the business and the technical team.
 Role: Business Analysis, Developers/Admin, and QA Testing resources to support L2, L3 activities and meet the SLA
Engagement Executive Service Delivery Manager (PM)
Customer
Success
Service Delivery
Manager
Managed Services
Delivery Team
 Monitors the solution progress
and communicates to the Palm
Desert Team regularly
 Ensures SLAs and service
expectations are met
 All issues are reviewed by the
Speridian Salesforce Architect /
Led.
 Once assessed, the associated
activities are assigned to a
Salesforce specialist,
 Provides regular updates
 Resolves issue
 Service Level Management
 Primary POC - handles all
intake
 Uses related KB articles and
best practices
 Escalates as needed to
Speridian's Salesforce support
team
 Application Architect (Lead)
• Business Analysts
• Developer
• Testers
Escalation Path:

Application Architect Service Delivery Manager Engagement Executive City of Palm Desert
Key Stakeholders

www.speridian.com | 9201 Corporate Blvd, Suite 450, Rockville, MD, 20850 63 City of Palm Desert User Service Delivery Manager / POC Submits ticket on the Service
Desk portal for an application
issue or request
Level 1, 2, 3
Support Team
High Level Process
Execution Team and Support
Team Structure
Speridian will provide support resources offsite for Level 2 and Level 3 support lead by Delivery Manager and corresponding Salesforce Architect / Consultant who will provide support and coordinate with the City’s business and IT team(s).

Team Structure for Technical Support
This section will refer to how the technical support is split for meeting the problems that might appear when the final users are handling the software. The technical support levels will be split on 2 levels:

1. Collecting any requirements/incidents from the City of Palm Desert Level1 support team and sending it to the technical team that handles problems

2. Direct initiation of procedures destined to solve problems that require special technical abilities.

Technical Support Levels Responsibilities
Each level of support has set of responsibilities to be take care of. These responsibilities are listed out below:

Responsibilities for level 1 – City of Palm Desert Level 1 Support team  Assuring support for local users
 Identifying and registering incidents

www.speridian.com | 9201 Corporate Blvd, Suite 450, Rockville, MD, 20850 64  Solving incidents based on experience and training
 Communicating the result to final users
 Route/Report incidents through Customer Ticketing System to Speridian Support Team Responsibilities for level 2 – Speridian Team
 Assuring a database that contains incidents and a way of solving the incidents (assigning the incidents to the team of development that deals with the support phase)  Collecting incidents from the first level of technical support  Grouping incidents by errors
 Reproducing errors in a test phase, before third level of technical support  Classification and qualification of errors
 Registering software errors
Responsibilities for level 3 – Speridian Team
 Solving incidents caused by errors considered to be critical  Reproducing and analyzing the signaled errors
 Assuring that the errors are not still present in the application  Testing the new application version
 Delivering the new version of application
 Analyzing change request forms

www.speridian.com | 9201 Corporate Blvd, Suite 450, Rockville, MD, 20850 65 Support Timings
Speridian will provide offsite support model for standard working hours Monday to Friday (City of Palm Desert Working Hours). However, if P1 issues are raised during the working hours where the business functionality is impacted, SPERIDIAN will provide support after working hours.

Support Duration
This proposal is for providing support for the duration of 1 year (Extendable however, the City needs to initiate the extension before contract expiration).

Definition & Support SLA’s
The following section describes the error classifications that will be handled as a part of this Support Project and the SLA’s that needs to be achieved.

SLA’s
SLA is the agreed upon duration after the issue is communicated to Speridian until at least a temporary fix or workaround is available, or there is an action plan that is agreed to by City of Palm Desert and Speridian.

No Error Class Description
1 Severity1 This is catastrophic error. The error causes total failure of the software or results in unrecoverable data loss. E.g. System crash or Data Corruption 2 Severity2
This is an error that causes failure on critical parts of the system; causing the system not to operate in accordance with the specifications but still usable with difficulty and/or some disruption to business activity. A temporary solution may exist, but does not solve the entire problem
3 Severity3 This is an error that causes failure on non-critical parts of the system with no disruption to business activity. A temporary solution exists, and will be made available to the City. 4 Severity4 This is minor defect which Is not impacting the Systems like Spelling errors etc.

Incident Definition Impact Action Response
Time
SEVERITY 1 Critical event / direct service
impacting / complete service
failure or similar events
Very High Investigation and Response – IF
the incident is not within their
scope SLA clock will stop
60 Minutes
SEVERITY 2 Major event / direct service
impact / Partial functionalities
impacting
High Investigation and Response – IF
the incident is not within their
scope SLA clock will stop
120
Minutes
SEVERITY 3 Non Service Impacting
Administration
Medium 4 Hours
SEVERITY 4 Non Service Impacting
Administration
Low

www.speridian.com | 9201 Corporate Blvd, Suite 450, Rockville, MD, 20850 66

15. Fees and Payment Schedule
The implementation of the Clariti Land Management solution will be executed by fixedfee SOW as outlined in this document.

The following is a breakdown highlighting the total cost of ownership of the solution including licensing as well as implementation costs.

Consulting Services (Speridian) # Hours Cost (USD)
Project Management 745 $ 89,400
Design/Requirements 480 $ 57,600
Solution / Process Configuration 4,160 $ 499,200
Integration Development 960 $ 115,200
Report / Forms Development 100 $ 12,000
Data Conversion 920 $ 110,400
User Acceptance Testing 80 $ 9,600
Onboarding Training 240 $ 28,800
Admin/ Configuration Training 160 $ 19,200
UAT Training 240 $ 28,800
End-User Training* 120 $ 14,400
Go-Live Support (4 weeks post-Go-Live Mon - Fri) 210 $ 25,200 $ 72,000
TOTAL SERVICES 8,415 $ 1,081,800
Licensing (Clariti) # Units Cost (USD)
Platform User License - Enhanced (includes) 120
Admin License – Enhanced 5
Clariti Admin License – Enhanced 1
Clariti Salesforce Shield 1
Clariti Sandbox, Full 1
Clariti Sandbox, Developer Pro 1
Clariti Data Storage (10GB) 1
Clariti File Storage (10GB) 10
Customer Community Logins (2,000/Month Bundle) 2
Clariti ESRI ArcGIS Integration 1
Clariti Bluebeam Integration 1
Clariti Guide 1
Clariti Payments 1
Clariti Guide Configuration 1 $ 10,000
$ 299,075
Travel (Kickoff, Discovery, UAT, Training) - 2 resources for 12 wks $ 243,075
Clariti Community Development Solution (includes)

TOTAL ANNUAL LICENSING
$ 30,000
Clariti Add-Ons
Clariti Professional Services
Clariti Community Portal $ 16,000

www.speridian.com | 9201 Corporate Blvd, Suite 450, Rockville, MD, 20850 67 Projected Payment Schedule
*Note: Actual dates will be adjusted as per agreed upon project plan.

Projected TCO (3 Year Post Go-Live)
Licensing Notes
 Clariti Platform User License - Enhanced - Includes 30 Custom Objects. Customer Community contains access to 10 Custom Objects.
 Annual price increases of 5% to begin in Year 2 for the initial term  Any purchase order generated on this quote indicates acceptance of the terms and conditions of the Clariti Software Agreement.
 Warranty is provided concurrent to licensing subscription for Clariti releases less than 1 year old.  Clariti Community Portal – 2,000 logins/month bundle. This estimate includes 2 bundles (Login overages are calculated over a 12-month period from the start date of the contract.) Entitlements roll over from month to month. If you purchase 4,000 monthly logins, you are entitled to a total of 48,000 annual logins.  Clariti Shield includes - Platform Encryption, Field Audit Trail, Event Monitoring  Clariti Annual Support is provided and limited to Clariti software and configuration. Support for any 3rd party products or extensions not provided by Clariti are not covered under the Clariti support agreement.  10% of licensing is attributable to Letters Engine for internal Clariti accounting purposes.  Clariti Admin User License included at no cost.

Exclusions
Workflow and configuration that goes beyond the Clariti product module's 'out of box' capabilities are excluded from subscription fees.

Invoicing
Speridian will support the required engagement and invoicing processes as directed by the City of Palm Desert and mutually agreed upon with Speridian.
% $ (USD)
Kick-off 10% 108,180 $ 8-Jan-2024
Project Plan Signoff 10% 108,180 $ 29-Jan-2024
Business Requirements Document (BRD) Signoff 10% 108,180 $ 5-Feb-2024 Functional Design Document (FDD) Signoff 10% 108,180 $ 19-Feb-2024 Solution Checkpoint 1 (Demo) Signoff 10% 108,180 $ 11-Mar-2024 Solution Checkpoint 2 (Demo) Signoff 10% 108,180 $ 22-Apr-2024 Solution Checkpoint 3 (Demo) Signoff 10% 108,180 $ 22-Jul-2024 Development Complete (Demo) Signoff 10% 108,180 $ 18-Nov-2024 UAT Signoff 10% 108,180 $ 28-Dec-2024
Go-Live 10% 108,180 $ 13-Jan-2025
TOTAL 100% $ 1,081,800
Payment Milestones Amount Projected
Dates*
Year 0
(Go-Live)
Year 1 Year 2 Year 3 TOTAL
$ 299,075 $ 303,529 $ 318,705 $ 334,640 $ 1,255,949
$ 1,081,800 $ 1,081,800
$ - $ 50,625 $ 67,500 $ 67,500 $ 185,625
$ 1,380,875 $ 354,154 $ 386,205 $ 402,140 $ 2,523,374
Licensing - Clariti
Services - Speridian
M&O (Managed Services) Support - Speridian
TOTAL COST (SERVICES + LICENSING)
3 Year Post Go-Live TCO Clariti LMS Total Cost Summary
for City of Palm Desert

www.speridian.com | 9201 Corporate Blvd, Suite 450, Rockville, MD, 20850 68

15.1 Buffer Option
As part of this SOW, Speridian will offer the City of Palm Desert the option to add an 8-week buffer to the project in the event that the City determines such a buffer is necessary or desired.

This option will be made available for the City to exercise at any time up to or before the completion of the final Sprint as defined the final agreed upon Project Plan and Schedule, which has been graphically depicted in Section 11. Timeline.

The 8-week buffer has two components:

1. 6-week extension to the Development Phase, i.e., additional Sprints, and

2. 2-week extension to the Post Go-Live Warranty Phase for M&O support.

In the event the Buffer Option is exercised, the existing Project Plan and Schedule will be updated to reflect this extension accordingly, including, but necessarily limited to, updates to SIT, UAT, Deployment, Go-Live, Warranty Support, Project Closure, and Payment Schedule.

The Fees for exercising the Buffer Option will a fixed fee of $144,000 that would result in the following TCO for the City of Palm Desert:

Year 0
(Go-Live)
Year 1 Year 2 Year 3 TOTAL
$ 299,075 $ 303,529 $ 318,705 $ 334,640 $ 1,255,949
$ 1,225,800 $ 1,225,800
$ - $ 50,625 $ 67,500 $ 67,500 $ 185,625
$ 1,524,875 $ 354,154 $ 386,205 $ 402,140 $ 2,667,374
Licensing - Clariti
Services - Speridian
M&O (Managed Services) Support - Speridian
TOTAL COST (SERVICES + LICENSING)
3 Year Post Go-Live TCO Clariti LMS Total Cost Summary
for City of Palm Desert

www.speridian.com | 9201 Corporate Blvd, Suite 450, Rockville, MD, 20850 69

16. Term & Termination
Term
Speridian shall commence the Services on the SOW Start Date. The parties will cooperate so that all of the Services will be completed, and Speridian will furnish their Deliverables to City of Palm Desert, on or prior to the SOW End Date.

Termination
City of Palm Desert may terminate this SOW for convenience upon thirty (30) days prior written notice to Speridian. The date set forth in such notice of termination will hereinafter be referred to as the “Cancellation Date.”
If the City terminates this SOW for convenience prior to completion of all of the Services required hereunder, City of Palm Desert will, in accordance with Section 17 of this SOW (Fees and Payment Schedule) above, pay Speridian for all Services performed prior to the Cancellation Date.

Miscellaneous
The provisions of this SOW which by their nature are intended to survive the termination, completion, or expiration of the SOW shall continue as valid and enforceable obligations of the parties notwithstanding any such termination, cancellation, completion, or expiration.

This SOW contains the entire agreement between the parties with respect to the matters addressed herein and supersedes all prior agreements, understandings, writings, proposals, representations, and communications, oral or written, of either party with respect to such subject matters, but is subject to the Agreement as specified herein. No changes, amendments, or modifications of any provision of this SOW will be valid unless made by an instrument in writing, and agreed upon with the signature of both parties.

www.speridian.com | 9201 Corporate Blvd, Suite 450, Rockville, MD, 20850 70

17. Signature
The undersigned have made, agree upon, and shall perform the forgoing SOW, which is incorporated into this SOW as described above. By signing below, Speridian represents and warrants Speridian’s name set forth in the below signature block is the supplier’s exact legal name. The parties hereby enter into this SOW.

Any person signing this SOW on behalf of a party is an authorized representative of that party and warrants that they have the full authority to sign this SOW.

City of Palm Desert, CA Speridian Technologies, LLC
By: By:

Name: Name:

Title: Title:

Date: Date:

71 www.speridian.com | 9201 Corporate Blvd, Suite 450, Rockville, MD, 20850

18. APPENDIX A - Case Studies
Client# 1 Information
Client Type Local (US)
Client Name Orange County Public Works (OCPW)
Project Name Land Developer Community
Project
Objective
Orange County Public Works (OCPW) was looking to modernize the way the C Country does business with (including general public, applicants, residents, surveyors, engineers and developers) and general citizen engagement by developing electronic processes to support developers and the public in their interactions for county services. OCPW selected Clariti to act as a comprehensive system that can accept input, organize, process and track development related permits, cases and entitlements through the entire development process. The flexibility in the solution also addresses non development related workflows such as Code Enforcement, Business Registration and Public Works maintenance/repair requests. The system provides robust reporting and auditing components and overall helps to improve OCPW’s business processes. OCPW’s processes are constantly adapted to meet new challenges and requirements; a system that can quickly respond to these changes was required. The Clariti solution helped OCPW realize many benefits including but not limited to:
 Providing tools to increase efficiency and responsiveness from OCPW Staff with customers
 Improving efficiency and performance country within operation  Monitoring and reporting usage statistics to agency management  Tightly integrating the solution with the preferred Salesforce CRM Platform • Integrating with the country’s GIS

www.speridian.com | 9201 Corporate Blvd, Suite 450, Rockville, MD, 20850 72 Client# 2 Information
Client Type Local (US)
Client Name City of Hampton, VA
Project Name Land Management and Permitting System
Project
Objective
The City of Hampton (pop. 137,000) uses Clariti to handle all land management and permitting functions servicing citizens and developers. The entire solution is hosted on the Salesforce platform and features a variety of out-of-the-box tools specific to the permitting and inspection solution that is deployed with all Clariti customers.

These tools include workflow management, document creation, financial transaction management, payments management, ESRI GIS Sync and ESRI Map Viewers. It features a portal for purchasing permits online, as well as handling all transactional reporting.

The solution manages the workflow related to issuance of permits, resulting inspections, and final compliance of an issued permit. The city also implemented a Clariti mobile inspection solution as part of a larger Community Development system project. The project involved implementation for 110 unique users/seat, multimodule deployment that includes enforcement, compliance, licensing, permitting, planning, local cashiering, and online payments. Inspectors in the Community Development Department respond to complaints and inspection requests in the field with the Clariti application, powered by the Salesforce Platform and integrated with the
City’s ESRI Geographic Information System (GIS). More than 40 remote inspectors are using Clariti for detailed mechanical, electrical and other inspection types against permits and property.

The initial data load, migrating from the Accela Permits Plus solution, transferred over 1 million inspection records upon go live. The organization currently has well over 280GB of File and 12 GB of Data storage.

www.speridian.com | 9201 Corporate Blvd, Suite 450, Rockville, MD, 20850 73 Client# 3 Information
Client Type Regional
Client Name Halton Region
Project Name Halton Region (311) Modernization
Project
Objective
Speridian upgraded and modernized the 311 Case Management system for Halton Region (pop 610,000).
 Upgraded and modernized the Halton region 311 call center.  Integrated Modernized Computer Telephony Interface with Case Management application.
 Implemented Single Sign-on and Integrated windows
authentication.
 Upgraded reporting and dashboard capability.
 Improved overall efficiency and workflow supporting 300 Concurrent Users, with 7 days operations and a 24-hourportal access.

1 CLARITI CLOUD INC.

SOFTWARE AGREEMENT
THIS SOFTWARE AGREEMENT (the “Agreement”) is made between CLARITI CLOUD INC., of 422 Richards St, Suite 170, Vancouver, BC, V6B 2Z4 (“CLARITI”) and the City of Palm Desert, CA (the “Customer”), and is effective as of the effective date specified in the first Order (defined in Section 1.1) made between the parties (the “Effective Date”). Unless otherwise defined herein, capitalized terms used in this Agreement have the meanings set out in Section 14.

NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
(A)

1. INTRODUCTION

1.1 Orders. CLARITI owns and operates CLARITI, a proprietary, modular, web-based software solution for governments (the “CLARITI Platform”), accessible through the Apex Platform™ online platform (the “Apex Platform”) operated by Salesforce.com Inc. (“Salesforce.com”). The details of Customer’s access to and use of the CLARITI Platform, including the number of authorized Users (defined in Section 4.1), will be specified in purchase orders sent from the Customer to CLARITI from time to time in such form approved by CLARITI (each an “Order”), which are governed by and form part of this Agreement.

1.2 SFDC Agreement. Customer’s access to and use of the Services will depend on the Apex Platform (also referred to as an “Org”), which is operated and controlled solely by Salesforce.com, and is subject to the Customer’s acceptance of the Salesforce.com End User Subscription Agreement, attached hereto as Exhibit “A”, as may be amended by Salesforce.com in accordance with its terms (collectively the “SFDC Agreement”) and which is incorporated by reference as part of this Agreement. By executing this Agreement, Customer acknowledges and signifies to CLARITI and Salesforce.com that Customer has understood and agreed to the SFDC Agreement. To the extent of any inconsistency or conflict between this Agreement and the SFDC Agreement, then this Agreement will take priority and govern regarding Customer’s access to and use of the CLARITI Platform and the relationship between Customer and CLARITI, and the SFDC Agreements will take priority and govern regarding Customer’s access to and use of the Apex Platform and the relationship between Customer and Salesforce.com.

2. TERM AND SERVICES

2.1 Term of Agreement and Orders. Unless terminated earlier by either party pursuant to this Agreement, the initial Term of this Agreement will commence on the Effective Date and will remain in effect for the period outlined in the first Order made between the parties (the “Initial Term”). This Agreement will automatically renew for additional one (1) year periods (each a “Renewal Term”), unless: (a) expressly stated otherwise in an Order; (b) terminated earlier pursuant to this Agreement; or (c) either party gives notice of non-renewal to the other party by no later than ninety (90) days before the end of the Initial Term or the then-current Renewal Term.

Collectively, the Initial Term and all Renewal Terms are referred to collectively as the “Term”. The term of each Order will commence on the effective date specified on the Order and expire on the expiration date specified in the Order, unless terminated earlier pursuant to this Agreement or the terms of the Order. Any Customer request for changes to the Order quantity must be submitted at least thirty (30) days before renewal. Each Order will automatically renew for additional one (1) year periods at the list price and quantity in effect at the time of renewal unless: (i) the Order is terminated earlier pursuant to this Agreement; (ii) either party gives notice of non-renewal to the other party by no later than ninety (90) days before the end of the then-current term of the Order; or (iii) the Order expressly states that it will not automatically renew.

2.2 SAAS Services. Subject to the terms and conditions of this Agreement, CLARITI will use commercially reasonable efforts to provide the following services (collectively, the “SAAS Services”) to the Customer during the Term: (a) the CLARITI Platform modules specified in valid and subsisting Orders; and (b) online training and technical support materials for those CLARITI Platform modules.

2.3 Changes to Services. The Customer may request, and CLARITI may in its discretion provide, an upgrade or downgrade in the level of SAAS Services, and the applicable Services may be amended, modified or supplemented pursuant to such request with mutual consent and in a written form satisfactory to CLARITI (a “Change Order”). Change Orders may require changes in the applicable fees payable by the Customer, and any such changes will be specified in the Change Order and payable by the Customer in accordance with the terms of the Change Order. Notwithstanding anything in this Agreement: (a) CLARITI may in its discretion change the Services from time to time, provided such any such change does not diminish the functionality of the Services on which the Customer materially relies; and (b) Salesforce.com may make changes to the Apex Platform that may impact the Services.

2.4 Technical Support Services. CLARITI shall provide technical support to Customer regarding the use and operation of the Product that was configured or developed by CLARITI pursuant to this Agreement. The terms and conditions of including but not limited to support service hours and availability, service levels targets and severity levels are outlined in the CLARITI Technical Support Agreement, attached hereto as Exhibit “B.

3. FEES AND PAYMENT TERMS

3.1 SAAS Fees. The Customer will pay to CLARITI the fees for the SAAS Services (the “SAAS Fees”) upfront annually, and in accordance with the payment instructions detailed in each Order or Change Order (as applicable). Unless otherwise expressly provided in an Order or Change Order, any SAAS Services added during a billing period will be subject to payment of SAAS Fees for a minimum of 12 months. All SAAS Fees will be based upon the total quantity of SAAS Services specified in applicable Orders and Change Orders, whether or not the corresponding SAAS Services are actively used during the billing period. SAAS Fees payable under this Agreement are: (i) non-refundable; and (ii) exclusive of any and all taxes, withholdings and other levies and imposts applicable thereon (“Taxes”), and such Taxes will be invoiced together with the SAAS Fees, unless Customer is exempt from such Taxes. Unless otherwise expressly set out in an Order or Change Order (as applicable), all invoices for the SAAS Services are payable thirty (30) days after delivery.

CLARITI reserves the right to change the SAAS Fees with respect to existing service levels on an annual basis, at the end of the Initial Term or the then-current Renewal Term, upon at least thirty (30) days prior written notice to Customer (which may be sent by email).

2 CLARITI CLOUD INC.

3.2 Failure of Payment. Interest will accrue on any amounts overdue and outstanding at a rate of eighteen percent (18%) per annum, calculated daily. Without limiting any other remedy available to CLARITI, in the event that any of the Customer’s payment obligations are overdue and outstanding, CLARITI may, in its discretion: (a) terminate this Agreement immediately upon notice to the Customer; and/or (b) suspend its obligations to the Customer relating to the SAAS Services until such time as all amounts due and owing under this Agreement are paid in full.

4. USE OF SAAS SERVICES

4.1 Grant. Subject to the terms and conditions of this Agreement, CLARITI hereby grants to the Customer a limited, non-exclusive, nontransferable, non-sub-licensable right to access and use the SAAS Services during the Term for its internal business purposes through its authorized representatives (each a “User”) with a valid and subsisting account (each an “Account”) and username and password issued by or on behalf of CLARITI (collectively, “Codes”). Customer will appoint and authorize one or more Users to appoint other Users and administer Customer’s use of the SAAS Services. Customer will not authorize more Users than the number of Users specified in an Order or a Change Order, as applicable. Customer is fully responsible and liable for, and bears all risks relating to, all use of the SAAS Services by Users and all acts or omissions by Users and will ensure that all Users comply with the terms of this Agreement.

4.2 Accounts/Codes. Accounts and Codes are specific to the User for whom they are issued. Customer will ensure that all Users keep their Codes secure and confidential at all times and not permit any other person to use their Account or Codes, and immediately notify CLARITI if they suspect that any Account or Code has become known to or used by any unauthorized person. Customer is responsible for the security of Customer Codes and use of Customer Codes and Customer Accounts. If CLARITI, in its discretion, considers a Code to be insecure or to have been used inappropriately, then CLARITI may immediately cancel the Code without notice to Customer and the affected User. Codes may not prevent unauthorized access to Customer Data or other information that Customer and Users may use in connection with the SAAS Services. CLARITI is under no obligation to verify the actual identity or authority of the User of any Codes, Accounts or the SAAS Services, and is not responsible or liable for unauthorized access to the SAAS Services or any unauthorized or alteration, theft or destruction of any information contained therein through accident, fraudulent means or devices, or any other method, unless it is the direct result of CLARITI’s gross negligence.

4.3 Admin User License. The SAAS Services require a minimum of one (1) Admin User License to be quoted and purchased by the Customer, in addition to a minimum of one (1) Admin User License to be purchased for every tranche of 50 Platform User Licenses purchased.

4.4 Full Sandbox. The SAAS Services require one (1) full Salesforce sandbox (the “Full Sandbox”) to be quoted and purchased by the Customer for the purposes of receiving ongoing CLARITI Platform updates. The Full Sandbox will be refreshed to match the Salesforce Production Org on a quarterly basis. The Full Sandbox may be used by other parties and for other purposes with the understanding that they are aware and responsible for preserving any of their modifications, as the quarterly sandbox refresh will remove those changes to match the Production Org.

4.5 Customer Community Services. Customer understands that for certain SAAS Services identified as Customer Community or Community Plus Services on an Order or any Change Order (as applicable), if Customer User logins in the applicable Org exceeds the Permitted Number of Monthly Logins (as described in the Order or Change Order) in each of four consecutive calendar months, the Customer will be charged 1.5 times the per-Login price (based on the “Monthly/Unit Price” specified in the Order or Change Order) for each excess Customer User login in such fourth month and in each consecutive month thereafter in which the aggregate number of Customer User logins in the Org exceeds the Permitted Number of Monthly Logins. Such additional fees will be charged to Customer monthly in arrears. Unused logins are forfeited at the end of each month and do not roll over to subsequent months. The beginning and end of each calendar month will conform to U.S. Pacific Time.

4.6 Audit. CLARITI may audit use of SAAS Services through the CLARITI Platform and the Apex Platform. Should any audit reveal any unauthorized use of SAAS Services, Customer agrees to pay to CLARITI, within thirty (30) days of CLARITI's notice of the audit results, CLARITI’S then-current pricing for the applicable SAAS Services showing unauthorized use (taken as a group), beginning with the date of the first violation through the period of unauthorized use (the “True Up Payment”). Upon payment of the True Up Payment, all SAAS Services showing unauthorized use will be converted into compliant SAAS Services and invoiced at CLARITI's then-current list pricing for the remainder of the Term.

4.7 Restrictions. Except as expressly permitted by this Agreement, the Customer will not, nor will it allow any User to, directly or indirectly: (a) copy, modify or create derivative works or improvements of the SAAS Services; (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the SAAS Services to any person; (c) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the SAAS Services or any part thereof; (d) bypass or breach any security measures used by the SAAS Services; (e) input, upload, transmit or otherwise provide to or through the SAAS Services any information or materials that are unlawful or injurious, or contain, transmit or activate any virus, trojan horse, worm, backdoor, malware or other malicious computer code; (f) transmit, or otherwise export the SAAS Services or underlying information or technology; (g) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the SAAS Services; (h) remove, delete, alter or obscure any trade-marks, specifications, warranties or disclaimers, or any copyright, trade-mark, patent or other intellectual property or proprietary rights notices from the SAAS Services; (i) provide any usernames, passwords or other information which would permit access to the SAAS Services to any person who does not have authorized access from CLARITI; (j) send spam or otherwise duplicative or unsolicited messages prohibited by applicable law; (k) to interfere with or disrupt the integrity or performance of the SAAS Services or the Apex Platform or the data contained therein; or (l) otherwise access or use the SAAS Services beyond the scope of the authorization expressly granted in this Agreement.

5. PROPRIETARY RIGHTS

5.1 Rights Reserved. CLARITI is and will remain the sole and exclusive owner of the Services, the CLARITI Platform and the CLARITI Marks, including without limitation any updates, modifications, customizations or derivative works thereof. Salesforce.com is and will remain the sole and exclusive owner of the Apex Platform and all related content, software and technologies. Except for the rights and

3 CLARITI CLOUD INC.
licenses expressly granted in this Agreement, neither party grants to the other party any Intellectual Property Rights under this Agreement, and all such rights, title and interests are hereby retained and reserved.

5.2 Feedback. The Customer hereby grants to CLARITI a worldwide, royalty-free, transferable, sublicensable, irrevocable, perpetual, unrestricted license to use or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by the Customer or its Users relating to the Services. For certainty, CLARITI will have no obligation to modify the Services to implement any suggestions, recommendations or other feedback provided by the Customer or its Users. Furthermore, for the purposes of improving the CLARITI Platform:
(A) Access to Personnel. Customer will make available to CLARITI’s authorized representatives the personnel from the Customer’s leadership, IT, and user groups at CLARITI’s request with reasonable notice to provide feedback on the Services in the form of surveys, phone calls, video and face to face meetings. (B) Integration – Existing Salesforce Apps and Org. For the purposes of improving the Services’ integration into a Customer’s existing Salesforce Org with existing applications, within three (3) months of the initial order of any Services, the Customer or CLARITI partner will refresh the Full Sandbox provided in Section 3.1(a) to match production, install the applicable Services in the refreshed Org, test business critical processes, resolve any conflicts, and then move CLARITI assets into the production environment. The CLARITI assets will be unconfigured.

6. CONFIDENTIALITY

6.1 Obligation. Receiving Party hereby acknowledges that the Disclosing Party’s Confidential Information is an asset of considerable value, the unauthorized use or disclosure of which would be damaging. Receiving Party will, during and subsequent to the Term: (a) keep the Confidential Information of the Disclosing Party confidential and use such Confidential Information solely for the purposes of exercising its rights and performing its obligations under this Agreement; (b) not directly, or indirectly, without authorization from the Disclosing Party reveal, report, publish, disclose or transfer such Confidential Information to any third party; (c) utilize procedures constituting a high degree of care to maintain the security of such Confidential Information and in no event less than a reasonable standard of care under the circumstances; and (d) disclose such Confidential Information to its employees and contractors, solely on a need-to-know basis as reasonably required under this Agreement, provided that, any access or disclosure to the Disclosing Party’s Confidential Information that is granted by the Receiving Party to its employees and contractors will first require the Receiving Party to enter into a written agreement with each such employee and contractor that contains confidentiality and non-use obligations that are at least as protective as the provisions hereof. For certainty, and notwithstanding the foregoing, Customer acknowledges and agrees that CLARITI may disclose Customer’s Confidential Information to Salesforce.com solely to the extent necessary to provide the Services in accordance with this Agreement.

6.2 Legal Disclosure. If a Receiving Party is required by law or court order to disclose any Confidential Information of the Disclosing Party, such Receiving Party will: (a) first notify the Disclosing Party of same in writing and without delay; and (b) cooperate with the Disclosing Party, and use its own best efforts, to limit any such disclosure to the minimum disclosure necessary to comply with such law or court order.

6.3 Return of Confidential Information. Subject to the terms of this Agreement, Receiving Party will return or irretrievably destroy the Confidential Information of the Disclosing Party within thirty (30) days after such request from the Disclosing Party. If requested by the Disclosing Party, the Receiving Party will provide a statutory declaration certifying the return or destruction (as applicable) within five (5) days thereafter.

6.4 Injunctive Relief. Each party acknowledges and agrees that should it breach its obligations of non-disclosure under this Section 6, the other party may suffer harm which may not be adequately compensated by monetary damages. In such event, the non-breaching party may, in addition to any other remedy available in law or equity, seek specific performance and injunctive or other equitable relief without bond or proof of damages.

7. CUSTOMER DATA

7.1 Ownership of Customer Data. As between CLARITI and the Customer, the Customer is and will remain the sole and exclusive owner of all Customer Data.

7.2 Consent and License of Customer Data. The Services may require that CLARITI and Salesforce.com access, use, process and transmit Customer Data, and certain modules of the SAAS Services or additional functionalities may result in Customer Data being transmitted from the Apex Platform to other computer systems. Customer authorizes and consents to such use of Customer Data by CLARITI and Salesforce.com, and hereby grants to CLARITI and Salesforce.com a non-exclusive, royalty free, world-wide right and license during the Term to access, copy, process and otherwise use Customer Data as may be required to provide and improve the Services, perform CLARITI’s obligations under this Agreement or to create Anonymized Data. For certainty, CLARITI will be the sole and exclusive owner of all Anonymized Data.

7.3 Storage/Return of Customer Data. Customer Data is stored by Salesforce.com in the Apex Platform and is subject to the SFDC Agreements. At any time upon request by Customer during the Term, and within thirty (30) days after the end of the Term, CLARITI will request that Salesforce.com return all Customer Data in the Apex Platform to Customer in accordance with SFDC Agreements.

Notwithstanding anything in this Agreement, CLARITI and Salesforce.com are not responsible for the privacy, security or integrity of Customer Data that is transmitted outside the Apex Platform.

7.4 Customer Data Disclaimer. Customer Data will be disclosed to Salesforce.com as a result of the Customer’s use of the SAAS Services. CLARITI has no control over, or any responsibility for, Salesforce.com’s collection, use, storage or disclosure of Customer Data. Except as otherwise provided in this Agreement, CLARITI makes no representation, warranty, condition or guarantee of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or

4 CLARITI CLOUD INC.
course of performance, regarding Customer Data, and disclaims any and all responsibility and liability for Customer Data to the fullest extent permitted by law.

7.5 Personal Information. For certainty, CLARITI’s processing of Customer Data pursuant to this Agreement will not involve the use of Personal Information.

8. REPRESENTATIONS, WARRANTIES AND COVENANTS

8.1 Customer. Customer represents, warrants and covenants to CLARITI that now and at all times during the Term: (a) Customer has the right, power, capacity and authority to enter into and perform its obligations under this Agreement and to grant the licenses, authorizations and permissions set forth in this Agreement; (b) the Customer will ensure that it has obtained all necessary consents relating to Customer Data prior to making any such data available under this Agreement; (c) the provision of any Customer Data to CLARITI and the use of such Customer Data by CLARITI for the purposes described in this Agreement does not and will not violate or infringe the rights of any person; (d) all information provided by Customer to CLARITI in an Order or Change Order is true, accurate, current, and complete; and (e) the Customer will have sole responsibility for connectivity between the Customer Systems and the internet and the security of the Customer’s link to the SAAS Services.

8.2 CLARITI. CLARITI represents, warrants and covenants to Customer that now and at all times during the Term: (a) CLARITI has the corporate power, capacity and authority to enter into this Agreement, and (b) the Services will not infringe, or constitute an infringement or misappropriation of, any Intellectual Property Rights of any third party. CLARITI warrants to Customer that it will repair any functionality that was configured or developed by CLARITI pursuant to this Agreement and that has unexpectedly stopped working, all in accordance with the Technical Support Agreement attached as Exhibit B, provided that: (i) defects in functionality can only be diagnosed by CLARITI; (ii) CLARITI is not required to repair any configuration or development performed by a non-CLARITI entity and any functionality related to non-CLARITI payment processing (iii) the Customer is up to date on the latest CLARITI managed package release updates; (iv) the Customer is currently in an active Term and paying for all Services; and (v) Customer agrees (A) that their technical staff or system integrator staff are responsible for performing appropriate due diligence and testing of new CLARITI releases in a sandbox or pre-production environment prior to deploying these releases to the production environment, and (B) CLARITI is not required to repair issues that arise due to not performing appropriate due diligence and testing.

9. TERMINATION AND SUSPENSION

9.1 Termination for Cause. Either party may terminate this Agreement immediately upon notice if the other party fails to correct a material breach of its obligations under this Agreement within thirty (30) days after receipt by such other party of written notification from the notifying party of such material breach. This Agreement will automatically and immediately terminate if Customer’s access to and use of the Apex Platform is prohibited by Salesforce.com.

9.2 Effect of Termination. Upon termination or expiry of this Agreement for any reason pursuant to this Agreement: (a) all Orders in effect will immediately terminate; (b) CLARITI will deliver to the Customer a final statement of account and/or invoice for fees and charges accrued up to and including the date of termination or expiry, and Customer will promptly pay all such outstanding fees and charges; and (c) any provision of this Agreement that imposes an obligation after termination or expiry of this Agreement will survive such termination or expiry, including without limitation, Sections: 3, 5, 6, 7 and 9 – 13 (inclusive).

9.3 Suspension of Services. CLARITI may suspend, terminate or limit, in CLARITI’s discretion, Customer’s (or any of its Users’) access to or use of the Services, or any part of it, with reasonable notice in order to: (a) prevent damage to, or degradation of the integrity of, CLARITI Systems or Customer Systems; or (b) comply with any law, regulation, court order or other governmental request or order.

CLARITI will use commercially reasonable efforts to notify Customer of any such limitation, suspension or termination action as soon as reasonably practicable. In the event of a limitation or suspension, CLARITI will restore Customer’s access to the Services when CLARITI determines the event has been resolved. Nothing in this Agreement will limit CLARITI’s right to take any action or invoke remedies or will act as a waiver of CLARITI’s rights in any way with respect to any of the foregoing activities. Unless found to be done in bad faith, no such suspension will be a breach of this Agreement by CLARITI, entitle Customer to a refund or suspension of fees, or give rise to any liability by CLARITI to Customer or any other person.

10. INDEMNITY

10.1 Customer. Customer will defend, indemnify, and save and hold harmless CLARITI and its directors, officers, and personnel from and against all third-party claims, demands, actions, causes of action, damage, loss, suits, proceedings, costs, liabilities, expenses and charges arising from, connected with, or relating to: (a) Customer’s use of the Services and the Apex Platform; or (b) any actual or alleged negligence, willful misconduct or breach of this Agreement by Customer or any other person for whom Customer is under this Agreement or in law responsible. Customer will assist and co-operate as fully as reasonably required by CLARITI in the defence of all third-party claims and third-party proceedings.

10.2 CLARITI. CLARITI will defend, indemnify, and save and hold harmless Customer and its personnel and representatives from and against all third-party claims, demands, actions, causes of action, damage, loss, suits, proceedings, costs, liabilities, expenses and charges arising from, connected with, or relating to: (a) any actual gross negligence, willful misconduct or material breach of this Agreement by CLARITI or any other person for whom CLARITI is under this Agreement or in law responsible; or (b) allegations that the Services infringe or misappropriate any Intellectual Property Rights of a third-party, except to the extent resulting from (i) Customer’s modification of the Services, or combination by Customer of the Services with other third-party products or services, if the Services would not have been infringing but for such modification or combination, (ii) Customer’s use of the Services in a manner not authorized herein or for which it was not designed, (iii) Customer’s failure to use an updated, non-infringing version of the applicable intellectual property to the extent Customer was notified that the update cured an infringement, or (iv) changes to the Services made by CLARITI at the direction of the Customer. CLARITI will assist and co-operate as fully as reasonably required by Customer in the defence of all third-party claims and third-party proceedings.

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10.3 Possible Infringement. If CLARITI becomes aware of an allegation that the Services infringe a third party’s Intellectual Property Rights, then CLARITI may: (a) obtain the right for the Customer, at CLARITI’S expense, to continue using the Services; (b) provide a non-infringing functionally equivalent replacement for the Services to the Customer; or (c) modify the Services so that they no longer infringe such third party’s Intellectual Property Rights.

11. DISCLAIMER
(B) EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES PROVIDED IN THIS AGREEMENT, THE SAAS SERVICES AND THE CLARITI PLATFORM ARE PROVIDED “AS-IS”, AND CLARITI HEREBY DISCLAIMS ANY AND

ALL GUARANTEES, REPRESENTATIONS, CONDITIONS AND WARRANTIES REGARDING THE SAAS SERVICES AND

THE CLARITI PLATFORM, WHETHER IMPLIED OR STATUTORY, ORAL OR OTHERWISE, ARISING UNDER ANY LAW

OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY GUARANTEES, REPRESENTATIONS, CONDITIONS AND WARRANTIES WITH RESPECT TO ACCURACY; CAPACITY; COMPLETENESS; DELAYS; DURABILITY; SECURITY; FITNESS FOR A PARTICULAR PURPOSE; LACK OF VIRUSES OR OTHER HARMFUL COMPONENT, ERRORS, INTERRUPTED SERVICE; MERCHANTABILITY; NON-INFRINGEMENT; PERFORMANCE; QUALITY; RESULTS; SUITABILITY; TIMELINESS; TITLE; OR WORKMANLIKE EFFORT. THE SERVICES AND THE APEX PLATFORM MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND CLARITI’S CONTROL. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ACCESS AND USE OF THE SERVICES IS AT THE CUSTOMER’S SOLE RISK.

NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, CLARITI HEREBY DISCLAIMS ANY AND ALL LIABILITY

THAT MAY ARISE IN CONNECTION WITH THIRD-PARTY SOFTWARE OR MATERIALS AND THEIR USE OR INCLUSION IN OR WITH THE SERVICES, INCLUDING WITHOUT LIMITATION THE APEX PLATFORM AND SALESFORCE.COM, AND ANY CHANGES MADE BY SALESFORCE.COM TO THE APEX PLATFORM THAT MAY IMPACT THE SERVICES. (C) THIS SECTION WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

12. LIABILITY LIMITATION
(D) NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, CLARITI’S MAXIMUM LIABILITY TO THE

CUSTOMER UNDER THIS AGREEMENT WILL NOT EXCEED THE AGGREGATE AMOUNT OF SAAS FEES PAID BY THE CUSTOMER TO CLARITI DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
(E) NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, CLARITI WILL NOT BE LIABLE FOR ANY

INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE OR OTHER

ECONOMIC ADVANTAGE) HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, BREACH OF WARRANTY,

OR IN TORT, AND EVEN IF CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THE CUSTOMER HEREBY RELEASES CLARITI OF SAME. IN ANY EVENT, CLARITI’S LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED ONLY TO DIRECT, VERIFIABLE DAMAGES ARISING FROM CLARITI’S MATERIAL NONFULFILMENT OR BREACH OF ANY WARRANTY OR COVENANT, OR ANY MATERIAL MISREPRESENTATION, EXPRESSLY PROVIDED UNDER THIS AGREEMENT.
(F) THIS SECTION WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

13. GENERAL

13.1 Entire Agreement. This Agreement, which includes: (a) each Order; (b) any Change Order; and (c) the SFDC Agreement; constitutes the final, complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreement. Unless otherwise expressly provided by this Agreement, to the extent of any conflict, the following order of precedence will apply: (1) this Agreement; (2) a Change Order; (3) an Order; and (4) subject to Section 1.2, the SFDC Agreements.

13.2 Interpretation. Headings in this Agreement are for convenience of reference only. Any rules of construction relating to interpretation against the drafter of an agreement will not apply to this Agreement. The word “including” (or includes) and words to the same or similar effect will be interpreted to mean “including without limitation” (or includes without limitation). Words importing the singular number only include the plural and vice versa. Words importing either gender include both genders. Except as expressly set forth in this Agreement, the parties’ respective rights and remedies under this Agreement are cumulative and not exclusive of any other rights or remedies to which the parties may be lawfully entitled under this Agreement or at law or equity, and the parties will be entitled to pursue all of their respective rights and remedies concurrently, consecutively and alternatively.

13.3 Assignment and Enurement. Customer may not assign this Agreement without CLARITI’s prior written consent, which consent may be withheld in CLARITI’s discretion. CLARITI may assign all or any portion of its rights and interests under the Agreement in its discretion without consent of the Customer. Users are not parties to or beneficiaries of this Agreement. The provisions of this Agreement will enure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

13.4 Publicity. CLARITI may reference Customer in CLARITI’s advertising and promotional activities and materials and may list Customer in any listing or directory of CLARITI customers. Upon request by CLARITI, Customer may, but will have no obligation to, provide CLARITI with Customer’s trademark or logos for use in such promotional materials, lists and directories.

13.5 Waiver and Amendment. Except as expressly provided herein, no modification, amendment or waiver of any provision of this Agreement will be effective unless in writing and signed by the parties hereto. No failure or delay by a party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, will operate as a waiver of any such right, power or remedy.

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13.6 Governing Law. If the Customer’s address provided in the signature block of this Agreement is: (a) in Canada or the United States, then this Agreement will be governed by the laws of the Customer’s province or state and the federal laws applicable therein, and the parties will exclusively submit to such jurisdiction; and (b) outside of Canada and the United States, then this Agreement will be governed by the laws of the province of British Columbia and the federal laws of Canada applicable therein, and the parties will exclusively submit to the jurisdiction of British Columbia. Notwithstanding the foregoing, each party will be entitled to seek injunctive or other equitable relief in any jurisdiction with a reasonable connection to the subject matter of this Agreement.

13.7 Force Majeure. Notwithstanding any other provision of this Agreement, CLARITI will not be liable to Customer for any delay in performing or failure to perform any of its obligations under this Agreement to the extent performance is delayed or prevented due to any cause or causes that are beyond CLARITI’s reasonable control. Any delay or failure of this kind will not be deemed to be a breach of this Agreement by CLARITI, and the time for CLARITI’s performance of the affected obligation will be extended by a period that is reasonable in the circumstances.

13.8 Notices. CLARITI may deliver Orders, invoices and other notices to Customer by email, facsimile, or delivery to the addresses on record in CLARITI’s Customer file. Customer will give all notices to CLARITI under this Agreement in writing delivered by courier, by email, or by facsimile transmission to CLARITI’s current address for delivery specified on in the signature block of this Agreement, as may be updated from time to time with notice.

13.9 Currency. All monetary amounts under this Agreement are in the currency of the United States, except where expressly provided otherwise.

13.10 Independent Contractors. The parties are independent contractors. Neither party will be deemed to be an employee, agent, partner, joint venturer or legal representative of the other for any purpose and neither party will have any right, power or authority to create any obligation or responsibility on behalf of the other.

13.11 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

13.12 Counterparts. This Agreement may be executed electronically and in two or more counterparts, all of which, taken together, will be regarded as one and the same instrument.

14. DEFINITIONS
(G) “Anonymized Data” means Customer Data which has been stripped, manipulated or combined to provide generalized anonymous information that cannot be reverse-engineered to identify the Customer or identify an individual. (H) “CLARITI Marks” means CLARITI™, CLARITI CLOUD INC.™ and related logos and marks of CLARITI. (I) “CLARITI Systems” means the information technology infrastructure used by or on behalf of CLARITI in performing the Services, including all computers, software, hardware, databases, electronic systems and networks. (J) “Confidential Information” means information that is not generally known to the public or that otherwise constitutes a trade secret under applicable law, including without limitation, technical information, know-how, technology, software applications and code, prototypes, ideas, inventions, methods, improvements, data, files, information relating to customer identities and other customer information; provided that, Confidential Information does not include any of the foregoing information that Receiving Party can demonstrate: (i) has entered into the public domain through no wrongful act or breach of any obligation of confidentiality by the Receiving Party; (ii) was in the lawful knowledge and possession of, or was independently developed by, the Receiving Party prior to the time it was disclosed to, or learned by, the Receiving Party hereunder as evidenced by written records; (iii) was rightfully received by Receiving Party from a third party without a breach of such third party’s obligations of confidentiality; or (iv) was approved in writing for release by the Disclosing Party. Confidential Information includes such information that was disclosed by the Disclosing Party to the Receiving Party prior to the Effective Date.
(K) “Customer Data” means information, data and other content, in any form or medium, that is collected, downloaded or otherwise received, directly or indirectly, from the Customer or a User by or through the Services. (L) “Customer Systems” means Customer’s information technology infrastructure, including computers, software, hardware, databases, electronic systems (including database management systems), networks and internet connectivity. (M) “Disclosing Party” means the party who discloses or otherwise divulges Confidential Information to the other party. (N) “Intellectual Property Rights” means any and all right, title and interest in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, trade names, rights in trade dress and packaging, moral rights, rights of publicity and similar rights of any type, continuations, or other registrations with respect to any of the foregoing, under the laws or regulations of any foreign or domestic governmental, regulatory, or judicial authority.
(O) “Personal Information” means information about an identifiable individual within the meaning of the Personal Information Protection Act (British Columbia).
(P) “Receiving Party” means the party who receives or otherwise obtains Confidential Information from the Disclosing Party or from the Disclosing Party’s employees, agents, representatives, consultants, customers, contractors or suppliers. (Q) “Services” means the SAAS Services.
***
IN WITNESS WHEREOF, the parties, by their duly authorized representatives, have duly executed this Agreement.

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CLARITI CLOUD INC.

By
_____________________________________________________________________________________ Authorized Signatory Date
_____________________________________________________________________________________ Name Title
Email for Notice:

CUSTOMER:

By
____________________________________________________________________________________ Authorized Signatory Date
_____________________________________________________________________________________ Name Title
Customer’s Address
Mailing Address:

Fax Email

CLARITI CLOUD INC.

EXHIBIT “A”
SALESFORCE.COM END USER SUBSCRIPTION AGREEMENT

FOR PLATFORM EMBEDDED EDITION OEM SERVICES SUBSCRIPTIONS This governs the Customer’s access to and use of the Apex Platform and related services provided by Salesforce.com. This SFDC Agreement exempts Salesforce.com and other persons from liability or limits their liability and contains other important provisions that Customer should read. By signing the CLARITI Software Agreement, Customer acknowledges and signifies that it has read, understood, and agreed to this SFDC Agreement. If Customer does not accept and agree to this Agreement, Customer may not access or use the Apex Platform.

1. Definitions.

In this Agreement:
(a) “Addendum Services” mean the Platform, to the extent that it is hosted on the Public Cloud Infrastructure. “Addendum Services” exclude, without limitation, any professional services, the CLARITI Application, applications listed on the AppExchange, and other third party applications and services. (b) “AppExchange” means the online directory of on-demand applications that work with the Service, located at http://www.appexchange.com or at any successor websites. (c) “CLARITI” means Clariti Cloud Inc.
(d) “CLARITI Application” means the proprietary, modular, web-based software solution produced by Clariti Cloud Inc. (e) “Documentation” means the Trust and Compliance documentation for the Platform, and its usage guides and policies, as updated from time to time, accessible via help.salesforce.com or login to the applicable Addendum Service. (f) “Org” means a separate set of Your Data and SFDC product customizations held by SFDC in a logically separated database (i.e., a database segregated through password-controlled access). (g) “Platform” means the online, Web-based platform service provided by SFDC to CLARITI in connection with CLARITI’s provision of the CLARITI Application to You.
(h) “SFDC Service” means the online, Web-based application and platform service generally made available to the public via http://www.salesforce.com and/or other designated websites, including associated offline components but excluding AppExchange applications.
(i) “SFDC” means salesforce.com.
(j) “Users” means Your employees, representatives, consultants, contractors or agents who are authorized to use the Service subject to the terms of this SFDC Agreement as a result of a subscription to the CLARITI Application having been purchased for such User, and have been supplied user identifications and passwords by You (or by Salesforce.com or CLARITI at Your request).
(k) “You” and “Your” means the customer entity which has contracted to purchase subscriptions to use the CLARITI Application subject to the conditions of this SFDC Service Agreement, together with any other terms required by CLARITI.
(l) “Your Data” means all electronic data or information submitted by You as and to the extent it resides in the Service.

2. Use of Service.
(a) Each User subscription to the CLARITI Application shall entitle one User to use the Service via the CLARITI Application, subject to the terms of this SFDC Service Agreement, together with any other terms required by CLARITI. User subscriptions cannot be shared or used by more than one User (but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment with You or otherwise changed job status or function and no longer require use of the Service). For clarity, Your subscription to use the Platform hereunder does not include a subscription to use the SFDC Service or to use it in connection with applications other than the CLARITI Application. If You wish to use the SFDC Service or any of its functionalities or services, to use another application other than the CLARITI Application, or to create or use additional custom objects beyond those which appear in the CLARITI Application in the form that it has been provided to You by CLARITI, visit www.salesforce.com to contract directly with SFDC for such services. In the event Your access to the CLARITI Application provides You with access to the SFDC Service generally or access to any SFDC Service functionality within it that is in excess to the functionality described in the CLARITI Application’s user guide, and You have not separately subscribed under a written contract with SFDC for such access, then You agree to not access and use such functionality, and You agree that Your use of such functionality, Your use of applications other than the CLARITI Application, or Your creation or use of additional custom objects in the CLARITI Application beyond that which appears in the CLARITI Application in the form that it has been provided to You by CLARITI, would be a material breach of this Agreement. (b) Notwithstanding any access You may have to the Platform or the SFDC Service via the CLARITI Application, CLARITI is the sole provider of the CLARITI Application and You are entering into a contractual relationship solely with CLARITI.

In the event that CLARITI ceases operations or otherwise ceases or fails to provide the CLARITI Application, SFDC has no obligation to provide the CLARITI Application or to refund You any fees paid by You to CLARITI.

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(c) You (i) are responsible for all activities occurring under Your User accounts; (ii) are responsible for the content of all Your Data; (iii) shall use commercially reasonable efforts to prevent unauthorized access to, or use of, the Platform and the SFDC Service, and shall notify CLARITI or Salesforce.com promptly of any such unauthorized use You become aware of; and (iv) shall comply with all applicable local, state, federal and foreign laws and regulations in using the Platform and the SFDC Service.
(d) You shall use the Platform and the SFDC Service solely for Your internal business purposes and shall not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Platform or the SFDC Service available to any third party, other than to Users or as otherwise contemplated by this SFDC Service Agreement; (ii) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (iii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or violates third party privacy rights; (iv) send or store viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs; (y) interfere with or disrupt the integrity or performance of the Platform or the SFDC Service or the data contained therein; or (vi) attempt to gain unauthorized access to the Platform or the SFDC Service or its related systems or networks. (e) You shall not (i) modify, copy or create derivative works based on the Platform or the SFDC Service; (ii) frame or mirror any content forming part of the Platform or the SFDC Service, other than on Your own intranets or otherwise for Your own internal business purposes; (iii) reverse engineer the Platform or the SFDC Service; or (iv) access the Platform or the SFDC Service in order to (A) build a competitive product or service, or (B) copy any ideas, features, functions or graphics of the Platform or the SFDC Service.
(f) Use of Addendum Services. Customer will be responsible for Users’ compliance with this Addendum, the Documentation and the order form between CLARITI and Customer, and will comply with terms of service of any Third Party Applications with which Customer uses Addendum Services. Customer will not: (i) make the Addendum Services available to, or use the Addendum Services for the benefit of, anyone other than Customer or Users, unless expressly stated otherwise in the Documentation, (ii) sell, resell, license, sublicense, distribute, make available, rent or lease the Addendum Services, or include the Addendum Services in a service bureau or outsourcing offering, (iii) use the Addendum Services or Third Party Applications to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (iv) use the Addendum Services or any Third Party Applications to store or transmit Malicious Code, (v) interfere with or disrupt the integrity or performance of the Addendum Services or third-party data contained therein, (vi) attempt to gain unauthorized access to the Addendum Services or its related systems or network, (vii) permit direct or indirect access to or use of the Addendum Services in a way that circumvents a contractual usage limit, or use any Addendum Services to access or use any SFDC intellectual property except as permitted under this Addendum or the Documentation, (viii) copy the Addendum Services or any part, feature, function or user interface thereof, (ix) frame or mirror any part of any Addendum Services, other than framing on Customer’s own intranets or otherwise for its own internal business purposes, or as permitted in the Documentation, (x) reverse engineer the Addendum Services (to the extent such restriction is permitted by law), or (xi) access any Addendum Services in order to build a competitive product or service or to benchmark with a non-SFDC product or service. Customer’s or a User’s intentional violation of the foregoing, or any use of the Addendum Services in breach of the SFDC Service Agreement , Documentation or the order form between CLARITI and Customer, by Customer or Users that in SFDC’s judgment imminently threatens the security, integrity or availability of SFDC’s services, may result in SFDC’s immediate suspension of the Addendum Services. SFDC will use commercially reasonable efforts under the circumstances to provide Customer with an opportunity to remedy such violation or threat prior to any such suspension. Customer may only submit to the Addendum Services, and use the Addendum Services to collect, store and/or process, Customer Data in a manner that is permitted in the applicable Documentation and by applicable laws and government regulations. (g) External-Facing Services. If You subscribes to any Addendum Services for sending electronic messages or for the creation and hosting of, or for posting content on, external-facing websites, such use is subject to SFDC’s External-Facing Services Policy at http://www.salesforce.com/company/legal/agreements.jsp, as may be applicable to an Addendum Service and You are solely responsible for complying with applicable law in Your use of any cookies or other tracking technologies.

3. Third-Party Providers. CLARITI and other third-party providers, some of which may be listed on pages within SFDC’s website and including providers of AppExchange applications, offer products and services related to the Platform, the SFDC Service, and/or the CLARITI Application, including implementation, customization and other consulting services related to customers’ use of the Platform and/or the SFDC Service, and applications (both offline and online) that interoperate with the Platform, SFDC Service, and/or the CLARITI Application, such as by exchanging data with the Platform, the SFDC Service, and/or the CLARITI Application, or by offering additional functionality within the user interface of the Platform, the SFDC Service, and/or the CLARITI Application through use of the Platform and/or SFDC Service’s application programming interface. SFDC does not warrant any such third-party providers or any of their products or services, including but not limited to the CLARITI Application or any other product or service of CLARITI, whether or not such products or services are designated by SFDC as “certified,” “validated” or otherwise. Any exchange of data or other interaction between You and a third-party provider, including but not limited to the CLARITI Application, and any purchase by You of any product or service offered by such third-party provider, including but not limited to the CLARITI Application is solely between You and such third-party provider. In addition, from time to time, certain additional functionality (not defined as part of the Platform or SFDC Service) may be offered by SFDC or CLARITI to You, for an additional fee, on a pass-through or OEM basis pursuant to terms specified by the licensor and agreed to by You in connection with a separate purchase by You of such additional functionality. Your use of any such additional functionality shall be governed by such terms, which shall prevail in the event of any inconsistency with the terms of this SFDC Service Agreement.

4. Proprietary Rights. Subject to the limited rights expressly granted hereunder, SFDC reserves all rights, title and interest in and to the Platform and the SFDC Service, including all related intellectual property rights. No rights are granted to You hereunder other than as

CLARITI CLOUD INC.
expressly set forth in this SFDC Service Agreement. The Platform and the SFDC Service is deemed SFDC confidential information, and You will not use it or disclose it to any third party except as permitted in this SFDC Service Agreement.

5. Compelled Disclosure. If either You or SFDC is compelled by law to disclose confidential information of the other party, it shall provide the other party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the other party’s cost, if the other party wishes to contest the disclosure.

6. Suggestions. You agree that SFDC shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into any SFDC products or services any suggestions, enhancement requests, recommendations or other feedback provided by You or Your Users relating to the operation of the Platform and/or the SFDC Service.

7. Suspension and Termination. Your use of the Platform and the SFDC Service may be immediately terminated and/or suspended upon notice due to (a) a breach of the terms of this SFDC Service Agreement by You or any User, (b) the termination or expiration of CLARITI’s agreement with SFDC pursuant to which CLARITI is providing the Platform as part of the CLARITI Application to You, and/or (c) a breach by CLARITI of its obligations to SFDC with respect to the subscriptions it is providing to You in connection with this SFDC Service Agreement. If You use the CLARITI Application in combination with a SFDC Service Org other than the Org provisioned solely for use with the CLARITI Application (a “Shared org”), CLARITI shall be solely responsible for provisioning the CLARITI Application to You. With respect to any Shared org, You acknowledge and understand that (i) access to such Org, including the CLARITI Application used in connection with such Org, may be suspended due to Your non-payment to SFDC or other breach of Your Agreement with SFDC, and (ii) in the event Your relationship with SFDC is terminated as a result of non-payment or other material breach of Your agreement with SFDC, Your Platform subscriptions would also be terminated. In no case will any such termination or suspension give rise to any liability of SFDC to You for a refund or other compensation.

8. Subscriptions Non-Cancelable. Subscriptions for the Platform and the SFDC Service are non- cancelable during a subscription term, unless otherwise specified in Your agreement with CLARITI.

9. Data Storage. The Platform and SFDC Service includes a certain cumulative amount of storage per User subscription for no additional charge. Contact CLARITI for additional information. Additional storage may be available for purchase from the CLARITI.

10. No Warranty. SFDC MAKES NO WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WITH RESPECT TO THE PLATFORM, THE SFDC SERVICE, AND/OR THE CLARITI Application, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SFDC DISCLAIMS ALL CONDITIONS,

REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PLATFORM, THE SFDC SERVICE, AND/OR THE CLARITI Application, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, SFDC DISCLAIMS ALL LIABILITY FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.

11. No Liability. IN NO EVENT SHALL SFDC HAVE ANY LIABILITY TO YOU OR ANY USER FOR ANY DAMAGES

WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR

CONSEQUENTIAL DAMAGES, OR DAMAGES BASED ON LOST PROFITS, HOWEVER CAUSED AND, WHETHER IN

CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Further Contact. SFDC may contact You regarding new SFDC service features and offerings.

13. Google Programs and Services. Platform or SFDC Service features that interoperate with Google programs and services depend on the continuing availability of applicable Google application programming interfaces (“APIs”) and programs for use with the Platform and the SFDC Service. If Google Inc. ceases to make such APIs and/or programs available on reasonable terms to SFDC, SFDC may cease providing such features without entitling You or CLARITI to any refund, credit, or other compensation.

14. Third Party Beneficiary. SFDC shall be a third party beneficiary to the agreement between You and CLARITI solely as it relates to this SFDC Service Agreement.

15. Org Migration. Migration of an Org to the Public Cloud Infrastructure will require planned downtime, during which it may be completely unavailable for use. Any existing service level agreement regarding the Addendum Services will not apply during an Org migration, however the parties will cooperate to minimize the impact of such downtime. SFDC will alert CLARITI and/or Customer to actions Customer must take prior to the Org migration, such as updating hard-coded references, as further described at this link.

Migration of an Org to the Public Cloud Infrastructure is subject to availability on a quarterly basis, and the parties will cooperate reasonably to schedule such migration.

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CITY OF PALM DESERT

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 16th day of November, 2023, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, County of Riverside, State of California (“City”) and Park Consulting Group, Inc., a California S Corporation, with its principal place of business at 200 Spectrum Center Drive, Suite 300, Irvine, CA. 92618 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Project.

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

Land Management Solution Advisory and Implementation Services (hereinafter referred to as “the Project”).

2.2 Consultant.

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

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

3. TERMS.

3.1 Scope of Services and Term.

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

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

3.1.2 Term. The term of this Agreement shall be from November 16 th
,
2023, to February 28th, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates.

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

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

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performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

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

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

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

The key personnel for performance of this Agreement are as follows: Glenn Park, Principal Consultant; Bryan Tung, Implementation Consultant; Jared Tan, Development Consultant; David Bloomgren, Training Consultant.

3.2.5 City's Representative. The City hereby designates Clayton von Helf, Information Systems Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").

City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.6 Consultant's Representative. Consultant hereby designates Glenn Park, Founder and Principal Consultant, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants

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shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”).

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

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

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

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

3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

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

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

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

3.2.11 Insurance.

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

Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement.

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(D) Workers’ Compensation Insurance. Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers and representatives.
(E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
(1) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part for any reason;
(2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies.
(5) Insureds under primary policies shall also be insureds under the umbrella or excess policies.

If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the Agreement.

3.2.11.2 Other Provisions or Requirements.
(A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by
Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a

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primary and non-contributory basis for the benefit of City before the City’s own insurance or selfinsurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(G) Enforcement of Contract Provisions (non estoppel).

Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies.

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

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

Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law.

Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of

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the laws, regulations and policies of this Section.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Four Hundred Eighty One Thousand Five Hundred Dollars ($481,500) without written approval of the City Council or City Manager, as applicable.

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

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

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

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

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

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition,

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installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

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

3.5 Accounting Records.

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

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

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

3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate

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funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation.

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

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

Consultant: Park Consulting Group
200 Spectrum Center Drive, Suite 300
Irvine, CA 92618
ATTN: Glenn Park, Principal Consultant
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: Clayton von Helf, Information Systems Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

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

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

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

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

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

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

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

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

Contract No. ____________
another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.5 [Reserved]

3.6.6 Indemnification.

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

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

3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

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

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

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

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

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

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in

Contract No. ____________
this Agreement.

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

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

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

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

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

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

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

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

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

Contract No. ____________

SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT

AND PARK CONSULTING GROUP
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:

Todd Hileman
City Manager
ATTEST:

By:

Anthony Mejia
City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
Glenn Park
Park Consulting Group

IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER REQUIRED
By:

Its:

Printed
Name:
[DELETE THE FOLLOWING SIGNATURE LINE

AND SECOND NOTARY ACKNOWLEDGEMENT
IF SECOND SIGNATURE NOT REQUIRED]
By:

Its:

Printed
Name:

QC: _____
Insurance:
_____
Initial Review
_____
Final Approval

Contract No. ____________
EXHIBIT "A"

SCOPE OF SERVICES
See attached proposal

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: November 16, 2023
PREPARED BY: Vanessa Mager, Management Analyst
REQUEST: APPROVE AN EXTENSION TO THE DINING DECK PROGRAM AND

DIRECT STAFF TO RESEARCH A POTENTIAL FEE FOR USE OF THE

RIGHT-OF-WAY
RECOMMENDATION:

1. Approve an extension to the temporary outdoor dining deck program for an additional two (2) years through June 30, 2026, to align with the State’s new extension.

2. Approve updates to the current Outdoor Dining Deck Design Guidelines, to be implemented effective January 1, 2024.

3. Direct City Attorney to make non-substantive changes to the Outdoor Dining Deck Design Guidelines for the remainder of the extension period.

4. Direct staff to return to a future City Council meeting to propose a new outdoor dining deck fee.

BACKGROUND/ANALYSIS:

In 2020, in response to the COVID-19 pandemic, the City Council took action to support restaurants by directing staff to implement a temporary dining deck program for restaurants consistent with the COVID-19 pandemic relief bills (AB 61, SB 314, and SB 389). These bills allowed restaurants to operate under specific health and safety measures, inclusive of outdoor dining. Consequently, staff created an Outdoor Dining Deck Program, granting restaurants Temporary Use Permits (TUPs) for outdoor dining. A total of thirty (30) TUPs were issued citywide, eleven (11) of which were for outdoor dining within the public right-of-way along El Paseo and Highway 111 Frontage Road. The remaining TUPs were for private property. The program's popularity among both restaurant owners and patrons led to its extension into the following year.

By June 2021, when COVID-19 restrictions were lifted and indoor dining was once again permitted, fourteen (14) of the thirty (30) restaurants chose to remove their dining decks, leaving sixteen (16) in operation. On June 24, 2021, the City Council extended the existing TUPs for one (1) year to June 30, 2022. Additionally, the City Council instructed staff to collaborate with Prest Vuksic Greenwood Architects (PVGA) and the City's Architectural Review Commission (ARC) to develop and adopt a comprehensive design and safety manual, which was subsequently adopted in 2021 City Council then allowed for a specified timeframe to gain compliance and supported the program by offering $5,000 in grant monies to bring dining decks into compliance.

On October 14, 2021, at a regularly scheduled City Council meeting, staff requested an extension of TUPS through June 30, 2024, for dining decks that adhered to the adopted guidelines. This extension coincided with AB 61 (Gabriel, Chapter 651, Statues of 2021), a business pandemic relief measure that authorized the Alcohol Beverage Control (ABC) to

City of Palm Desert
Approve Dining Deck Extension and Direct Staff to Investigate a Fee Schedule

expand license privileges in alignment with COVID-19 Temporary Catering Authorization (ABC218 CV19), which specifically includes temporarily expanding the licensed area of a qualified business to accommodate patrons while abiding by social distancing guidelines and directives.

This authorization was set to expire on July 1, 2024, mirroring the City Council-approved twoyear extension. On October 8, 2023, Governor Newsom signed California Assembly Bill AB 1217 (Rubio & Wiener) which extended the business pandemic relief from July 1, 2024, to July 1, 2026.

Dining Deck Funding
In 2020, the City Council established the Unite Palm Desert Economic Relief Program which provided a total of $59,165 to sixteen (16) restaurants to aid in the creation of outdoor dining areas. Out of these recipients, seven (7) restaurants continue to operate outdoor dining decks (see attached list). In conversations with staff, the restaurant owners who still operate dining decks have attested to their economic benefits and express their desire to continue participating in the program.

Outdoor Dining Deck Design Guidelines
While the program has proven advantageous to restaurants still utilizing their outdoor dining decks, other restaurant owners and residents have voiced concerns regarding safety, deck maintenance, and financial gains from the use of the public right-of-way. In response to these safety concerns, staff recommends making adjustments and additions to the Outdoor Dining Deck Design Guidelines, as summarized below:
- Insurance Requirements - Clearly outline of what certificates of insurance are required and reinforces that all documents must be always current. - Administration & Compliance section, which implements a quarterly dining deck inspection to ensure the decks are maintained at the highest safety standard. Also noting that any alterations or modifications must be submitted to the City’s Planning Department, prior to work commencing.
- Maintenance & Storage section which clearly identifies the responsibility of dining deck operators and gives clear expectations on how dining decks should be maintained.

Staff recommends that the amended guidelines, if adopted, go into effect on January 1, 2024, which would allow dining deck operators sufficient time to make any changes needed. However, the requirement to complete an updated TUP annually, as well as the revokable license agreement would not go into effect until July 1, 2024.

Additionally, to address private business owner’s financial gains from the use of public right-ofway, staff has explored implementing a fee schedule, similar to what other municipalities have established for their dining deck programs. Those fees are outlined in Table 1.

City of Palm Desert
Approve Dining Deck Extension and Direct Staff to Investigate a Fee Schedule

Table 1
City Program Status Fees
Indio In progress Encroachment Fee: $1,500 - $2,000 estimate Outdoor Dining Fee: TBD
Palm Springs Temporary Land Use Fee: $1,536 monthly
Rental Fee: $1.85 per sf.

Murrieta Temporary Minor Conditional Use Permit: $3,855 + noticing fees Culver City Permanent Application Fee: $750
Tech Surcharge Fee: $32
Rental Fee: $13.00/sq ft of parklet area
Culver City Sewer Fee: $339 per seat
Long Beach Permanent Application Fee: $1,375 + 3% surcharge Inspection Fee: $320/day + 3% surcharge
Annual fee: $760 + 3% surcharge
Pasadena Permanent Application Fee: $219.88
Annual Renewal Process Fee: $227.04
Temporary Use Permit: $243
Sidewalk and Alley Dining Fees: $11- $14 sq ft / yr
On-Street Dining Fee: $7 - $8.50 sq ft / yr
*Permanent process for dining in the ROW, still temp for private property
Torrance Temporary ADM Fee: $1,239
Encroachment Permit Fee: $418.00
Plan Check Fees: Varies based on the project design
Construction Deposit: Varies base on the project design Public Right of Way Use Fee: $2.25 sq ft / monthly
Hermosa Beach Permanent Encroachment Fee: $1, $2, or $5 sq ft / monthly (depending on location)
$2 sq ft / monthly 2023-2024
$3 sq ft / monthly 2024-2025
$4 sq ft / monthly 2025-2026
Laguna Beach Permanent Parklet TUP program: $5 sq ft / monthly + $4,500 In working with the City’s Attorney, staff identified the following two options for the City Council to consider.
 Charge a fee for the TUP, as it is currently set at $0.  Charge a per square foot user fee for use of public right of way.

Either option would require the City Council’s adoption of a resolution or ordinance. If the City Council opts to explore either of the options, staff recommends that the fee go into effect on July 1, 2024, so as to not interfere with the current temporary dining deck program and to allow the proper time needed for a fee study.

City of Palm Desert
Approve Dining Deck Extension and Direct Staff to Investigate a Fee Schedule

Legal Review:

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

Strategic Plan:

The TUPs for dining decks fulfill priorities identified in the City’s Strategic Plan, as the following:
• Economic Development – Priority 4: “Expand and raise awareness of businessfriendly services in order to retain and attract business.” • Tourism and Marketing – Priority 1: “Improve access to Palm Desert and its attractions.
• to enhance the ease of lifestyle.”
• Transportation – Priority 1: “Create walkable neighborhoods and areas within Palm Desert that would include residential, retail, services and employment centers, and parks, recreation and open space to reduce the use of low occupancy vehicles.” • Land Use - Priority 4: “Create a mixed-use city core integrating shopping, dining, lodging, and housing.”
In addition, the allowance of dining decks addresses initiatives listed in the Economic Development Strategic Plan approved by the City Council in 2018:
• Revitalization of the El Paseo Key Commercial Corridor. • Facilitate long-term market strengthening of the El Paseo District. • Align City placemaking and other development plans and strategies with key Citydesignated infrastructure elements.

Appointed Body Recommendation:

Staff has spent the last three months meeting with dining deck operators, the Palm Desert Restaurant Association, the El Paseo Parking and Business Improvement District and the City’s Economic Development Sub-Committee to gather feedback. Below is a recap of the meetings and the recommendations.

Palm Desert Restaurant Association & Dining Deck Operators Recommendation:

According to the restaurant association, the dining decks have yielded economic advantages for their establishments, subsequently resulting in a boost to the City's revenue through increased sales tax collection. Therefore, the Association proposes that the City Council extend the City's dining deck program to align with the State's extension and maintain the existing outdoor dining deck design guidelines. Staff shared the proposed amendments to the outdoor dining deck design and dining deck operators were in acceptance. Staff also presented the consideration of a TUP or User fee. Operators recognized the rationale behind consideration of a modest fee for the use of the public right-of-way.

El Paseo Parking and Business Improvement District Recommendation:

On September 21, 2023, staff presented a summary report on the dining decks to the El Paseo El Paseo Parking and Business Improvement District (EPPBID) The EPPBID expressed its approval of the proposed amended guidelines and the updated requirements for annual TUP applications being submitted. The EPPBID was also in agreement with the consideration of a modest fee for the use of the public right-of-way.

City of Palm Desert
Approve Dining Deck Extension and Direct Staff to Investigate a Fee Schedule

Economic Subcommittee Recommendation:

The Economic Subcommittee agreed with Staff’s recommendation regarding extending the dining deck program to align with the State’s extension. Regarding the recommendation of a dining deck fee, the subcommittee recommends that the City Council consider adopting a TUP fee that would cover the cost of staff’s time to review, implement and inspect the dining decks.

Environment Review:

The proposed extension is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et. seq.) pursuant to Section 1506(c)(3) of the State Guidelines, because the extension will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as that term is defined in Section 15378 of the State Guidelines.

FINANCIAL IMPACT:

There is currently no financial impact.

ATTACHMENTS:

1. Amended Dining Deck Design Guidelines

2. List of current operators with City funding status

OCTOBER 26, 2023 1

OUTDOOR DINING DECK DESIGN GUIDELINES
Amended November 16, 2023
July 29, 2021

AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES
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TABLE OF CONTENTS PAGE

1.0 BACKGROUND ............................................................................................3

2.0 APPROVAL AND REVIEW STANDARDS.....................................................3

2.1 Insurance Requirements ...................................................................4

3.0 ADMINISTRATION AND COMPLIANCE......................................................9

3.1 Dining Deck Quarterly Checklist ...........................................................10

4.0 SAFETY CRITERIA ....................................................................................12

4.1 Street Design Criteria – Where Are Dining Decks Allowed ..............13

4.2 Barrier Design..................................................................................14

4.2.1 Parallel Parking Area Protection..............................................15

4.2.2 Angled Parking Area Protection...............................................15

4.2.3 Dining Deck Signage/Markings................................................17

4.3 Platform Threshold Design ..............................................................18

4.4 Drainage Design..............................................................................19

4.5 Accessibility .....................................................................................20

4.6 Maintenance And Storage................................................................22

5.0 AESTHETIC AND CONSTRUCTION GUIDELINES.........................................23

5.1 Deck Construction Standards................................................................23

5.2 Aesthetic Standards..............................................................................25

5.2.1 Vertical Elements ....................................................................25

5.2.2 Plant Material ..........................................................................28

5.2.3 Deck Materials ........................................................................28

5.2.4 Overhead Covers ....................................................................28

5.2.5 Lighting ...................................................................................32

6.0 TEMPORARY USE PERMIT……………………………………………………….34

7.0 REVOCABLE LICENSE AGREEMENT…………………………………………..43

AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES
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OCTOBER 26, 2023 3

1.0 BACKGROUND
In response to COVID-19, the State of California, similar to many other States throughout the country, implemented various procedures to mitigate the effects of the pandemic. Some of these procedures included restriction or closure of indoor activities, limited capacity in closed buildings, and the introduction of more outdoor dining. Many cities were faced with varying challenges, including the need to dedicate public space for the use of outdoor activities.

The City of Palm Desert has taken an approach that allows outdoor dining through their “Outdoor Dining Deck” program. These extensions of the walkway allow for enhancement of the pedestrian environment, which can help make the street feel safer and more comfortable for people shopping, running errands, and accessing services in the City.

Typically, a Dining Deck is a built platform that extends out from the sidewalk to the width of the adjacent parking space. These decks can be used for an expanded dining area or an area to re-route pedestrian travel around expanded outdoor dining on the public sidewalk. These guidelines are intended to be a “living document” due to the rapid development of this program. The City of Palm Desert is focused on safety, accessibility, and drainage in the design of these decks. As new regulations and developments occur, these guidelines will undergo periodic revisions.

2.0 APPROVAL AND REVIEW STANDARDS
All dining decks must submit a Temporary Use Permit (TUP) Application annually for review and approval with the City’s Development Services Department. All submittals are to be prepared under the direction of and stamped by a licensed Architect or Civil Engineer.

Applicants shall submit drawings, construction methods, site plans, and identify materials used in their dining deck design. Once received, City staff will review the TUP application and submit materials for compliance with the Dining Deck Guidelines. A revocable licenses agreement must also be completed upon approval of the TUP.

Applicants will also need to provide the appropriate insurance coverage as required by the TUP. Insurance requirements are listed on the next page.

AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES
NOVEMBER 16, 2023
OCTOBER 26, 2023 4

2.1 INSURANCE REQUIREMENTS
Certificate of Liability Insurance Reference
• Verify the Named Insured matches the contract.
• Always check the AM Best rating for the insurance companies listed. The insurer number must be shown in the left column by the coverage description. • General liability coverage box should be checked “occurrence.” The blank lines underneath must show any deductible or retention.
• Boxes should either be checked or have a “Y” and an endorsement must be attached. • Boxes should either be checked or have a “Y” and an endorsement must be attached. • Verify the policy period shown covers the contract term. If not, have it reissued OR if the contract lasts beyond the expiration date, set up a reminder for a new certificate at renewal.
• Limits should be at least $2M per occurrence, $4M general aggregate and $4M products-completed operations aggregate.
• All endorsements must be attached to the certificate. • Public agency information shall match the contract.

Endorsements:

Additional Insured: Confirm the endorsement shows the Agency and all other persons required to be shown as insureds OR the endorsement says, “any person or organization as required by written contract.”
Primary, Non-Contributory: Same as the additional insured endorsement.

Waiver of Subrogation: Same as the additional insured endorsement.

Updated certificates of insurance must be submitted to the Planning Department on or before expiration.

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3.0 ADMINISTRATION AND COMPLIANCE
Beyond the licensing process, the extension of the program also entails a roll out of increased compliance standards. Staff will track and monitor dining decks more closely and implement quarterly dining deck inspections. Inspections will ensure that dining decks continue to be maintained at the highest safety standard. Staff will work with dining deck operators to bring any deficiencies to code within a reasonable amount of time. If the operator does not comply within the documented time, removal of the dining deck will be requested.

Any dining deck working to bring deficiencies up to standard will be inoperable until all deficiencies have been resolved and final approval from the City has been given.

Any alterations or modifications must be submitted to the City’s Planning Department, prior to work commencing.

AMENDED OUTDOOR DINING DECK DESIGN GUIDELINES
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3.1 DINING DECK QUARTERLY CHECKLIST

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4.0 SAFETY CRITERIA
Many factors go into selecting whether or not a business can implement a Dining Deck; however, these factors are routed in the general public’s welfare and safety while maintaining the ability for safe and efficient motoring. In addition, accessibility and drainage are two other key considerations. As time progresses, the City of Palm Desert maintains a progressive approach as to how to implement this program. This section documents what businesses can take advantage of the Dining Deck program. The City intends to allow this to continue beyond the COVID-19 restrictions and going forward into the future. Many aspects must be reviewed, as there are many departments of the City that must be involved.

Planning/Engineering
The Planning/Engineering Division implements the policies and objectives of the community that are set forth in the City of Palm Desert’s General Plan, Zoning Ordinance, and Specific Plans. The Planning/Engineering Division also reviews new development proposals to ensure that the City’s design and development standards, and goals and policies are executed in the development of the City.

Building and Safety
The Building and Safety Division is dedicated to providing the highest level of code compliance, inspection services, and plan review to every architect, engineer, developer, contractor, business, and property owner that resides or works within our community. The Division strives to demonstrate fairness, equality, and the highest standard of professional ethics in providing our services while enforcing state construction laws and local ordinances that protect our citizens. The City of Palm Desert adopted its first building code in 1973.

Public Works
The Public Works Department is responsible for the planning, design, construction, operation, and maintenance of the City’s infrastructure including streets, sidewalks, storm drains, traffic signals, and landscaping. The department also oversees graffiti removal, engineering review of land development plans, and implementation of City-funded improvement projects.

Each of the above-listed departments has a vested interest in the development of the Dining Decks. Each business must submit a Temporary Use Permit application should they wish to participate in the program, and a copy of the permit has been attached in the appendices of this document. In addition, the application can be obtained from the City of Palm Desert’s website.

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4.1 STREET DESIGN CRITERIA – WHERE ARE DINING DECKS ALLOWED In order to maintain safety for both the pedestrian as well as the motoring public, the City of Palm Desert has determined certain criteria in which they will allow dining decks. Below is a summary of the minimum requirements.

Table 1: Dining Deck Selection Criteria
Allowed
Will need to be
reviewed on a caseby-case basis
Prohibited
25 mph Roadway X
30 mph (and over)
Roadway X
Red Zones X
Red Zones by Fire
Hydrants X
Yellow Zones X
White Zones X
Green Zones X
Travel Lanes X
Within 40’ of a Corner
(Measured from

BCR/ECR)
X
At an Intersection (i.e.

Tee Intersection)
X
Parking Lane of 8’ or
more
X
Parking Lane under 8’ X
X
Angled Parking Stalls X
Bike Lane/Bike Facility X

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4.2 Barrier Design
The City of Palm Desert is committed to the safety of its pedestrians and motoring traffic, and for this reason, Dining Decks shall be protected using standard K-Rail available from construction supply businesses. These barriers can be composed of concrete or durable plastic materials intended to be filled with water to provide a solid barrier between the vehicular traffic and the dining decks. The only exception is no concrete barricade or K-Rail should be installed facing the travel direction. K-Rail are sometimes referred to as Jersey Barriers. At a minimum, barriers must be 36-42 inches high; not easily moved, altered, or stolen; stable and sturdy enough not to fall over or be pushed over (must withstand 250lbs of force).

Concrete K-rail
Plastic K-rail filled with water.

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4.2.1 PARALLEL PARKING AREA PROTECTION
In order to eliminate a blunt edge, the City of Palm Desert is recommending that an approximate 10-foot-long transition be created using K-Rail on the approach side of the dining deck. Parallel to the travel lanes, between the deck and the travel lane, a solid K-Rail barrier shall be provided. On the departure side of the deck, a single K-Rail shall be placed in order to prevent cars from backing up during a parking maneuver from colliding with the deck. As an additional safeguard, a parking wheel stop shall be provided, 4 feet from the last K-rail to further protect the dining deck from someone backing up into a parking stall. It is also an option to provide this on the approach side of the dining deck. All parking wheel stops should be bolted into the street. The City shall work with the applicant to obtain appropriate payments for future improvements once the dining deck is removed.

Parking wheel stop

4.2.2 ANGLED PARKING AREA PROTECTION
Similar to the parallel parking area Dining Deck, the use of K-Rail shall be implemented to protect Dining Decks placed in angled parking stalls. Since these areas tend to have a greater depth, the decks should be placed at the end of the stall and outside of the traveled way. A conceptual layout has been provided in Figure 1.

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Figure 1: Dining Deck Parking Area Protection

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4.2.3 DINING DECK SIGNAGE/MARKINGS
Dining decks should include a Type E Flexible Base Delineator on the upstream and downstream side of the k-rail. In addition, a single white reflective tab shall be placed in the middle of each k-rail parallel to the path of travel. The tab shall be installed such that vehicles approaching can see the tab.

Type E Flexible Base Delineator
Single White Reflective Tab

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4.3 PLATFORM THRESHOLD DESIGN
The Dining Deck platform serves as the foundation for the outdoor space and, as such, must be designed of durable materials that can withstand inclement weather and handle the wear and tear of the elements and regular pedestrian traffic.

The platform deck shall be designed in accordance with appropriate ADA and California Building Code Chapter 11B. As such, the City of Palm Desert recommends that the platform shall be level with the existing sidewalk (or within ¼”) and a gap no larger than ½” exists between the curb face and the proposed deck. Any vertical difference over ¼” shall be beveled with a 1:4 (25%) slope.

Platforms shall not be bolted to the existing pavement or concrete improvements. If bolting is proposed, the City shall work with the applicant to obtain appropriate payments for future improvement replacement.

Please refer to the Safety Guidelines for more detailed information about thresholds. If the deck is above the height of the curb, a code-compliant handicap-accessible ramp must be provided. All exposed deck edges are to be clad in a 2x wood material with a metal angle on the edge (see Diagram 3 below) or be totally clad in metal and finished with a paint color that meets with City staff approval.

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4.4 DRAINAGE DESIGN
In general, most Dining Decks are constructed against an existing curb and gutter, and such local drainage should be taken into account. Impeding of the flow of surface water could cause ponding and potential flooding of the deck creating a hazard for pedestrians and the motoring public. As such, a 6” x 6” minimum clear gutter space must be provided along the entire length of the Dining Deck adjacent to the curb. Openings at either end may be covered with screens to prevent debris buildup underneath the deck and in the gutter.

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4.5 ACCESSIBILITY
Dining decks shall be designed in accordance with current Americans with Disabilities Act and Chapter 11B of the California Building Code. This means that no sidewalk shall be interrupted at any time and a 5ft. clear travel path shall be maintained at all times.

SAMPLE DINING DECK

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SAMPLE DINING DECKS
(https://www.giffelswebster.com/dining-platforms-and-parklets-in-parking-spaces/)

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4.6 MAINTENANCE AND STORAGE
• Business owners and outdoor dining deck operators shall keep the outdoor dining space clean and free of debris. Outdoor dining furniture, restaurant equipment, or appliances are not permitted to be stored in the outdoor dining space or in the public right-of-way.
• The outdoor dining area shall be kept in a good state of repair and maintained in a clean, safe, and sanitary condition at all times. Regular cleanup of trash and debris shall be the responsibility of the business owner.
• Advertising is not permitted. This includes Logos, advertising, and other branding is prohibited.
• The outdoor dining area shall maintain designated ingress and egress points and shall always keep them clear and accessible.
• All landscaping and potted trees shall be well-maintained and kept free of litter and debris.
• The City’s Planning Department must be contacted regarding any minor/maintenance issues that arise. Outdoor dining deck operators will have 48 hours to draft a plan and timeline that addresses all issues. • If the City determines that a dining deck is a safety hazard to either drivers or diners, the dining deck must be removed or repaired immediately. Any dining deck not repaired within 24 hours will be removed by the City and all charges associated with the removal will be the responsibility of the business owner.

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5.0 AESTHETIC AND CONSTRUCTION GUIDELINES
The intent of the aesthetic and construction guidelines for outdoor dining decks is to establish design and construction methods that will result in decks that are both safe and aesthetically pleasing for the public.

The aesthetic and construction guidelines outline a minimum standard and are not intended to stifle creativity. All submittals will be reviewed on a case-by-case basis and will be deemed acceptable (or not acceptable) based on architectural merit, safety, and compliance with these design guidelines.

Dining decks are meant to provide additional outdoor seating options for patrons and add another layer of interest to the street scene.

5.1 DECK CONSTRUCTION STANDARDS
Decks may use one of the following construction methods:

OPTION 1:

A 2x4, 2x6, or 2x8 pressure treated wood covered with a 5/8” minimum marine grade plywood subfloor. The plywood is to be screwed, not nailed, into the 2x members. The finish may be a non-slip tile or an outdoor carpet. An adequate street drainage system needs to be provided adjacent to the curb. This could be either an open space or metal tube below the deck, or wood framing adjacent to the curb could be raised off the street high enough to allow for stormwater to pass underneath it. See Diagram 1 below.

Diagram 1

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Ideally, the top of the deck would be at the same elevation as the top of the curb for an easy transition. This is preferred and encouraged. If the deck is at the same elevation as the curb, provide a suitable metal threshold. See Diagram 2 below.

Diagram 2
DIAGRAM 3

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OPTION 2:

Brick pavers over a sand sub-base, over gravel, over two layers of 3 mil vis queen. The top of the brick pavers are to be flush with the top of the curb. The edges of the deck, other than on the curb side, are to be finished with a steel angle or plate. Corners of the steel edging may be connected with steel angles (on the inside) and bolts. The vis queen should extend up the inside vertical face of the edges, except on the curb side. Street drainage is to be provided with a plate steel tube adjacent to the curb. The top of the tube is to be flushed with the top of the pavers and the top of the curb. This can also be designed so that the top piece is removable plate steel that drops into place. See Diagram 4 below.

DIAGRAM 4

4.0 AESTHETIC STANDARDS

4.0.1 VERTICAL ELEMENTS
As outlined in the Safety Criteria, K-rail or water-filled barricades shall provide the base for the vertical elements. These barriers shall be covered with acceptable materials so that they are not visible.

Acceptable cover materials include, but are not limited to metal, ceramic tile, stone, cementitious products, etc. Some of these materials may be applied over a boxed out subframe that fits over the K-rail, or water-filled barriers (see Diagram 5 below). Unlike Diagram 5 however, it is preferred that the entire barrier is covered with the finish material. The acceptability of any material is subject to review. This is because different materials have various levels of quality and attractiveness. They also can be applied in a variety of ways, some of which may be more attractive than others.

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The following vertical barrier materials would generally not be deemed acceptable: Vinyl pickets or lattice work, painted wood pickets, plastic sheets, fabrics.

DIAGRAM 5
Other possible vertical barrier options are 3-dimensional plate steel forms that could be exposed or clad with an acceptable finish material. These forms could be filled with soil and plant material with an appropriate drainage system to serve as a weighted barrier. Another option for these plate steel forms would be to fill them with gravel to a certain level and then top them off with tightly spaced plants in pots or plastic containers. The containers would need to be hidden below the top edge of the form so that only the plant material is visible.

See Diagrams 6 & 7 below.

DIAGRAM 6

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DIAGRAM 7
Other “heavy” elements could be considered on a case-by-case basis, such as concrete forms (see Diagram 8 below) or large pots filled with soil.

DIAGRAM 8
Small openings between solid barriers may be permitted. These openings would need to be separated from the street with horizontal cable rail, steel dowels, or some other material that is deemed aesthetically attractive and acceptable by Staff. This material cannot have any space large enough to allow a 4” sphere to pass through (see Diagram 9). Material selection and methods of application will be reviewed by Planning Staff.

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DIAGRAM 9

4.0.2 PLANT MATERIAL
Plant material is highly encouraged and recommended. Plant material could be natural or artificial and would be subject to approval by City Staff.

4.0.3 DECK MATERIALS
Brick pavers and framed plywood decks covered with non-slip tile or outdoor carpeting are acceptable.

Note, tiles and outdoor carpeting are acceptable as a material; however, it will be reviewed on an individual basis for aesthetic acceptability. Artificial turf is not acceptable.

4.0.4 OVERHEAD COVERS
Extremely long, continuous covers are discouraged. Covers should be broken up to provide a more “playful” composition and aesthetic quality.

Overhead Covers may consist of the following:

1. Portable umbrellas of a style and color that is deemed to be acceptable by City Staff.

See Diagram 10 below.

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DIAGRAM 10

2. Engineered umbrellas that require a fixed engineered base. See Diagram 11 below.

DIAGRAM 11

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3. Engineered canvas covers that are connected to the building or to trees. Connection methods need to be engineered and clearly illustrated to determine aesthetic acceptability. See Diagram 12 below.

DIAGRAM 12

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4. Pre-engineered canvas covers with metal poles of a style and color that is deemed to be acceptable by City Staff. See Diagram 13 below.

Metal poles would need to be secured by bolting into the deck base or providing aesthetically acceptable concrete piers. Sandbags are not acceptable.

DIAGRAM 13

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4.0.5 LIGHTING
Lighting may consist of the following:

1. Overhead electrical wiring is not permitted, nor is any electrical wiring across the sidewalk. Market style LED lighting which may be strung from nearby trees and/or connected to poles and/or connected to pre-engineered canvas covers. See Diagram 13 below.

DIAGRAM 13

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2. Lantern style lighting. See Diagram 14 below.

3. Artificial battery-operated candles. See Diagram 14 below.

DIAGRAM 14
Lighting should be 3000 to 2700 Kelvin or warmer.

Lighting brightness would be at the discretion of the Planning Staff, but generally, light sources should not cause an unpleasant glare and especially not to someone that is not in the deck area.

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5.0 TEMPORARY USE PERMIT (TUP)
City of Palm Desert
Temporary Use Permit
Outdoor Business Expansion Application

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City of Palm Desert

DRAFT REVOCABLE LICENSE AGREEMENT

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Current operators with City funding status
No. Business Unite Palm Desert
Economic Relief
Program Recipient
Amount
received
Still
Operating
1 Little Bar No $0 Yes
2 Pizza Vino Yes $8,000 Yes
3 IL Corso Yes $3,000 No
4 Mamma Gina Yes $3,000 Yes
5 Daily Grill No $0 Yes
6 Mimmo’s Italian Yes $8,000 No
7 Armando’s Bar & Grill No $0 Yes
8 Sweet Basil Yes $8,000 Yes
9 Kitchen 86 Yes $5,000 Yes
10 The Fix No $0 Yes
11 Wildest Greens No $0 Yes
12 Fresh Agave No $0 Yes
13 French Rotisserie
Café
Yes $8,000 Yes
14 Desert Wine Shop Yes $8,000 No
15 Gastro Grind Burger No $0 No
16 Castelli’s Yes $3,000 No

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: November 16, 2023
PREPARED BY: Anthony J. Mejia, City Clerk
REQUEST: PALM DESERT REDISTRICTING 2023: PUBLIC HEARING #3

REGARDING REDISTRICTING OF CITY COUNCIL BOUNDARIES
RECOMMENDATION:

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

2. Select two (2) to three (3) “focus” maps and provide direction on any proposed revisions.

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

BACKGROUND/ANALYSIS:

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

The City is initiating a redistricting process to shift from the current two-district system to five single-member districts. The redistricting process will determine where the new City Council district lines will be drawn. The new districts will impact how voters elect City Council Members until the next redistricting process following the 2030 Census. The districts must be drawn using the 2020 census data and in compliance with the FAIR MAPS Act, which was adopted by the California legislature as Assembly Bill 849 and took effect January 1, 2020, and was updated by Assembly Bill 764 that takes effect January 1, 2024.

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

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

2. Geographically contiguous.

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

4. Easily identifiable boundaries.

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

6. The districting body shall not adopt election district boundaries for the purpose of favoring or discriminating against an incumbent, political candidate, or political party.

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

1. Future population growth.

2. Respect voters’ choice/continuity in office (Due to the passage of Assembly Bill 764, this criterion may no longer be considered).

City of Palm Desert
Public Hearing #3 – Palm Desert Redistricting 2023

District 1 was population adjusted following the 2020 Census and resulted in a majority/minority voting district. Upon review of the City’s voting age population data, preserving District 1 as a majority/minority voting district (a district in which an identified minority comprises the majority of voting age population) is possible while remaining in compliance with the other mapping requirements noted above and the terms of the settlement agreement. Therefore, it is recommended that the City Council keep District 1 in its current configuration.

The purpose of this public hearing is to receive City Council and community input on the draft maps. The City Council is requested to select two to three “focus” maps for further consideration and may request revisions to any of the draft map(s). Any revised maps will be brought back at a fourth public hearing, scheduled for December 14, 2023.

Sequencing of Elections
When considering the sequencing of elections, the City Council must take into consideration public testimony related to the sequencing of elections and whether a particular area has a history of being under-represented and relatively low turnout and thus should be assigned a to the higherturnout Presidential 2024 election cycle. Secondarily, it is standard practice to match the district election years to the year of the resident officeholder. The sequencing of elections will not result in a shortened term for any officeholder.

Map 101, Public Submission
Map 101 was submitted by a member of the public. The author did not provide any comments related to developing this map. Analysis indicates the map exhibits a population deviation of

14.51% and is not geographically contiguous, which is not permitted under the FAIR MAPS Act.

City of Palm Desert
Public Hearing #3 – Palm Desert Redistricting 2023

Maps 102 and 103, Public Submission
Maps 102 and 103 are public submissions and are identical. The authors provided written comments related to developing these maps (see Attachment 4). Analysis indicates that the maps exhibit a population deviation of 10.31% which is slightly higher than allowed.

The City’s demographer prepared Map 102b and 103b (still identical maps) with minimal changes for population balance. Analysis indicates that the maps exhibit a population deviation of 8.97%.

City of Palm Desert
Public Hearing #3 – Palm Desert Redistricting 2023

Map 104, Demographer Submission
Map 104 was submitted by the City’s demographer. Analysis indicates that the map exhibits a population deviation of 8.75%.

Map 105, Demographer Submission
Map 105 was submitted by the City’s demographer. Analysis indicates that the map exhibits a population deviation of 6.50%.

City of Palm Desert
Public Hearing #3 – Palm Desert Redistricting 2023

Map 106, Public Submission
Map 106 was submitted by a member of the public. The author did not provide any comments related to developing this map. Analysis indicates the map exhibits a population deviation of

13.85% which is not permitted under the FAIR MAPS Act. In addition, this map significantly alters District 1, which would go against the terms of the settlement agreement.

Map 107, Public Submission
Map 107 was submitted by a member of the public. The author did not provide any comments related to developing this map. Analysis indicates the map exhibits a population deviation of

6.43%. However, this map significantly alters District 1, which would go against the terms of the settlement agreement.

City of Palm Desert
Public Hearing #3 – Palm Desert Redistricting 2023

Map 108, Public Submission
Map 108 was submitted by a member of the public. The author did not provide any comments related to developing this map. Analysis indicates the map exhibits a population deviation of

4.81%. However, this map significantly alters District 1, which would go against the terms of the settlement agreement.

Map 109, Demographer Submission
Map 109 was submitted by the City’s demographer. Analysis indicates that the map exhibits a population deviation of 8.59%.

City of Palm Desert
Public Hearing #3 – Palm Desert Redistricting 2023

The City has posted all draft maps to the City’s redistricting website: https://redistrictpd.org/, which includes an interactive review map tool which can be accessed by clicking here.

Future Projected Growth
In June 2023, City staff provided a map depicting residential projects already approved or under construction north of Fred Waring Drive. As previously noted, the City may consider future population growth when selecting a final map provided that federal and state criteria have been met. The below chart summarizes the number of units and projected population growth in each of the districts as represented on the draft maps eligible for adoption.

Map 102b/103b Map 104 Map 105 Map 109
Units Population Units Population Units Population Units Population District 5 4,200 8,904 4,200 8,904 2,457 5,209 1,488 3,155 District 4 69 146 69 146 69 146 3,130 6,635
District 3 418 886 418 886 2,161 4,581 69 146
Based on the above chart, Maps 105 and 109 achieve a greater balance in dividing future population growth in north Palm Desert. By balancing future population growth in the northern area there may be fewer boundary adjustments following the 2030 Census.

Note: The Merle Self-Help Lots A and B totaling 14 units/30 population was excluded from the above chart, as these properties are located in District 1. Population projections of 2.12 per unit are based on the total unit count multiplied by the average household size in Palm Desert per the US Census Bureau's data complied under the 2021 American Community Survey 5-year estimates.

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

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

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

City of Palm Desert
Public Hearing #3 – Palm Desert Redistricting 2023

Community Workshop #1
On September 6, 2023, at 6 p.m., the City conducted a Redistricting Community Workshop at the Palm Desert City Hall, Administrative Conference Room, and via Zoom. City staff facilitated a brief presentation and a robust question-and-answer period. However, no attendees desired to offer public comment. The workshop video was posted to the redistricting website, under the schedule tab: https://redistrictpd.org/.

Public Hearings #1 and #2
On September 14 and 28, 2023, at 4:30 p.m., the City Council conducted pre-map Public Hearings with in-person and virtual access. City staff facilitated a brief presentation and responded to questions. Links to the meeting agendas, staff reports, meeting videos, presentations, and public comment are posted on the City’s redistricting webpage, under the schedule tab:
https://redistrictpd.org/.

Map Drawing Workshops
On October 4 and 16, 2023, at 5 p.m., via Zoom, the City facilitated a demonstration of the online map drawing tool and responded to questions. The workshop was recorded and posted to the City’s YouTube channel and the City’s redistricting webpage, under the schedule tab:
https://redistrictpd.org/.

Next Steps
After today’s public hearing, City staff will highlight the selected “focus” maps on the redistricting website and will solicit community input on said maps. City staff will facilitate community workshops as noted below and there will be opportunities for public comment. Any public comment will be summarized and submitted to the City Council as part of the December 16, 2023, Public Hearing.  November 29, 2023, at 6:00 p.m. (In-Person Only)
Palm Desert iHub
37023 Cook Street, Suite 102
Palm Desert, CA 92211
 December 6, 2023, at 6:00 p.m. (In-Person and Via Zoom) Palm Desert City Hall, Administrative Conference Room
73510 Fred Waring Drive
Palm Desert, CA 92260
Attend on Zoom: https://palmdesert.zoom.us/j/84020763120 Legal Review
This report has been reviewed by William Priest and the City Attorney’s Office.

City of Palm Desert
Public Hearing #3 – Palm Desert Redistricting 2023

FINANCIAL IMPACT:

There is no fiscal impact associated with this action.

ATTACHMENTS:

1. Draft Maps

2. Residential Development Map, dated June 2023

3. Presentation

4. Written Public Comments

Pines
To
Palms
Hwy
State Rt 111
Grapevine St
Haystack Rd
Washington St
O
asis Clu
b
Dr
W
arn
er Trl
Country Club Dr Monterey Ave
P
ortola
R
d
Gerald Ford Dr
C
o
o
k
St
Frank Sinatra Dr
El D
ora
d
o
Dr
Palm Desert 2023 Redistricting
National Demographics Corporation, September 28, 2023
Not population
balanced.

Not contiguous.

Map layers
Map 101
Water Area
Railroad
River
Streets ©2021 CALIPER Page 871 of 934
Map 101
District 1
Total Pop 9,777
Deviation from ideal -486
% Deviation -4.74%
% Hisp 55.5%
% NH White 35%
% NH Black 2%
% Asian-American 4%
Total 7,292
% Hisp 45%
% NH White 48%
% NH Black 3%
% Asian/Pac.Isl. 3%
Total 4,864
% Latino est. 39%
% Spanish-Surnamed 36%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 57%
% NH Black 2%
Total 3,886
% Latino est. 37%
% Spanish-Surnamed 34%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 59%
% NH Black 2%
Total 2,254
% Latino est. 31%
% Spanish-Surnamed 29%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 65%
% NH Black est. 2%
ACS Pop. Est. Total 10,240
age0-19 22%
age20-60 49%
age60plus 29%
immigrants 24%
naturalized 57%
english 56%
spanish 39%
asian-lang 3%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 15%
hs-grad 65%
bachelor 18%
graduatedegree 8%
Child in Household child-under18 27%
Pct of Pop. Age 16+ employed 58%
income 0-25k 28%
income 25-50k 23%
income 50-75k 13%
income 75-200k 33%
income 200k-plus 3%
single family 63%
multi-family 37%
rented 53%
owned 47%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 9,549
-714
-6.96%
17%
75%
2%
3%
8,586
10%
84%
3%
2%
6,458
10%
9%
1%
0%
86%
2%
5,711
9%
8%
1%
0%
87%
2%
4,143
7%
7%
1%
0%
89%
2%
9,428
13%
33%
53%
10%
64%
86%
8%
1%
4%
3%
50%
29%
16%
11%
43%
15%
19%
15%
33%
18%
79%
21%
20%
80%
3 11,038
775

7.55%
26%
63%
2%
6%
8,236
12%
78%
3%
4%
7,384
17%
16%
2%
1%
79%
2%
6,255
16%
15%
2%
1%
80%
2%
4,205
12%
11%
1%
1%
84%
2%
9,796
12%
44%
44%
16%
52%
82%
12%
3%
3%
6%
57%
23%
12%
15%
50%
24%
24%
15%
26%
11%
68%
32%
45%
55%
4 10,820
557

5.43%
16%
73%
2%
6%
9,710
11%
78%
4%
6%
7,220
11%
10%
2%
1%
84%
3%
6,414
10%
10%
2%
1%
84%
3%
4,678
8%
7%
1%
1%
87%
3%
12,192
16%
35%
48%
14%
71%
81%
9%
5%
5%
4%
52%
26%
17%
18%
50%
19%
23%
12%
36%
11%
60%
40%
37%
63%
5 10,133
-130
-1.27%
18%
69%
3%
7%
8,200
12%
77%
5%
4%
6,696
13%
12%
2%
1%
80%
5%
5,853
12%
11%
2%
1%
81%
4%
3,903
8%
8%
1%
1%
85%
4%
9,783
14%
34%
52%
16%
64%
83%
8%
4%
5%
3%
50%
28%
16%
15%
45%
11%
17%
14%
43%
16%
77%
23%
23%
77%
Total
51,317
1,489

14.51%
26%
63%
2%
5%
42,025
17%
74%
3%
4%
32,622
17%
15%
2%
1%
78%
3%
28,119
15%
14%
2%
1%
80%
3%
19,183
11%
11%
1%
1%
84%
3%
51,439
16%
39%
45%
16%
61%
78%
15%
3%
4%
6%
55%
25%
14%
17%
49%
19%
21%
14%
34%
12%
69%
31%
35%
65%
09/28/2023 11:28 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

Pines
To
Palms
Hwy
State Rt 111
Grapevine St
Haystack Rd
Washington St
W
arn
er Trl
Country Club Dr Monterey Ave
P
ortola
R
d
Gerald Ford Dr
C
o
o
k
St
Frank Sinatra Dr
El D
ora
d
o
Dr
Palm Desert 2023 Redistricting
Proposed Election Sequence:
2024: Districts 1, 2 and 5
2026: Districts 3 and 4
National Demographics Corporation, September 28, 2023
Not quite
population
balanced
Map layers
Map 102
Water Area
Railroad
River
Streets ©2021 CALIPER Page 873 of 934
Map 102
District 1
Total Pop 9,777
Deviation from ideal -486
% Deviation -4.74%
% Hisp 55.5%
% NH White 35%
% NH Black 2%
% Asian-American 4%
Total 7,292
% Hisp 45%
% NH White 48%
% NH Black 3%
% Asian/Pac.Isl. 3%
Total 4,864
% Latino est. 39%
% Spanish-Surnamed 36%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 57%
% NH Black 2%
Total 3,886
% Latino est. 37%
% Spanish-Surnamed 34%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 59%
% NH Black 2%
Total 2,254
% Latino est. 31%
% Spanish-Surnamed 29%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 65%
% NH Black est. 2%
ACS Pop. Est. Total 10,240
age0-19 22%
age20-60 49%
age60plus 29%
immigrants 24%
naturalized 57%
english 56%
spanish 39%
asian-lang 3%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 15%
hs-grad 65%
bachelor 18%
graduatedegree 8%
Child in Household child-under18 27%
Pct of Pop. Age 16+ employed 58%
income 0-25k 28%
income 25-50k 23%
income 50-75k 13%
income 75-200k 33%
income 200k-plus 3%
single family 63%
multi-family 37%
rented 53%
owned 47%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 10,398
135

1.32%
18%
73%
2%
4%
8,768
12%
82%
3%
2%
7,011
10%
10%
1%
0%
86%
2%
6,132
9%
9%
1%
0%
87%
2%
4,388
7%
7%
1%
0%
89%
2%
10,121
13%
38%
48%
9%
63%
89%
6%
1%
4%
2%
51%
28%
15%
12%
48%
17%
20%
15%
29%
18%
76%
24%
28%
72%
3 10,835
572

5.57%
19%
72%
2%
6%
9,525
11%
78%
2%
6%
7,197
12%
11%
2%
1%
84%
2%
6,296
11%
10%
2%
1%
85%
2%
4,413
8%
8%
1%
0%
88%
2%
11,148
15%
37%
49%
16%
62%
79%
11%
6%
4%
6%
55%
26%
14%
16%
46%
18%
20%
12%
38%
13%
61%
39%
38%
62%
4 10,061
-202
-1.97%
26%
63%
3%
6%
7,542
13%
78%
4%
5%
6,358
18%
17%
2%
1%
77%
3%
5,415
16%
15%
2%
1%
79%
3%
3,663
12%
11%
1%
1%
83%
3%
9,448
14%
37%
49%
15%
52%
81%
12%
3%
3%
4%
53%
25%
16%
16%
45%
20%
21%
17%
30%
12%
73%
27%
36%
64%
5 10,246
-17
-0.17%
14%
73%
3%
7%
8,897
9%
79%
5%
4%
7,192
11%
10%
2%
1%
81%
4%
6,390
11%
10%
2%
1%
82%
4%
4,465
8%
8%
1%
1%
85%
4%
10,482
14%
35%
51%
16%
72%
83%
8%
4%
5%
3%
50%
26%
17%
15%
49%
16%
22%
11%
40%
11%
72%
28%
24%
76%
Total
51,317
1,058

10.31%
26%
63%
2%
5%
42,025
17%
74%
3%
4%
32,622
17%
15%
2%
1%
78%
3%
28,119
15%
14%
2%
1%
80%
3%
19,183
11%
11%
1%
1%
84%
3%
51,439
16%
39%
45%
16%
61%
78%
15%
3%
4%
6%
55%
25%
14%
17%
49%
19%
21%
14%
34%
12%
69%
31%
35%
65%
09/28/2023 11:29 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

Pines
To
Palms
Hwy
State Rt 111
Grapevine St
Haystack Rd
Washington St
W
arn
er Trl
Country Club Dr Monterey Ave
P
ortola
R
d
Gerald Ford Dr
C
o
o
k
St
Frank Sinatra Dr
El D
ora
d
o
Dr
Palm Desert 2023 Redistricting
Proposed Election Sequence:
2024: Districts 1, 2 and 5
2026: Districts 3 and 4
National Demographics Corporation, September 28, 2023
Map layers
Map 102b
Water Area
Railroad
River
Streets ©2021 CALIPER Page 875 of 934
Map 102b
District 1
Total Pop 9,777
Deviation from ideal -486
% Deviation -4.74%
% Hisp 55.5%
% NH White 35%
% NH Black 2%
% Asian-American 4%
Total 7,292
% Hisp 45%
% NH White 48%
% NH Black 3%
% Asian/Pac.Isl. 3%
Total 4,864
% Latino est. 39%
% Spanish-Surnamed 36%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 57%
% NH Black 2%
Total 3,886
% Latino est. 37%
% Spanish-Surnamed 34%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 59%
% NH Black 2%
Total 2,254
% Latino est. 31%
% Spanish-Surnamed 29%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 65%
% NH Black est. 2%
ACS Pop. Est. Total 10,240
age0-19 22%
age20-60 49%
age60plus 29%
immigrants 24%
naturalized 57%
english 56%
spanish 39%
asian-lang 3%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 15%
hs-grad 65%
bachelor 18%
graduatedegree 8%
Child in Household child-under18 27%
Pct of Pop. Age 16+ employed 58%
income 0-25k 28%
income 25-50k 23%
income 50-75k 13%
income 75-200k 33%
income 200k-plus 3%
single family 63%
multi-family 37%
rented 53%
owned 47%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 10,535
272

2.65%
18%
73%
2%
4%
8,936
12%
82%
3%
2%
7,102
10%
10%
1%
0%
86%
2%
6,214
9%
9%
1%
0%
87%
2%
4,445
7%
7%
1%
0%
89%
2%
10,227
13%
38%
48%
9%
63%
89%
6%
1%
4%
2%
51%
28%
15%
12%
48%
17%
21%
15%
29%
18%
76%
24%
29%
71%
3 10,698
435

4.24%
19%
71%
2%
6%
9,358
11%
78%
2%
6%
7,106
12%
11%
2%
1%
84%
2%
6,214
11%
10%
2%
1%
85%
2%
4,356
9%
8%
1%
0%
88%
2%
11,042
15%
37%
49%
16%
62%
79%
11%
6%
4%
6%
55%
26%
14%
16%
46%
18%
19%
12%
38%
13%
61%
39%
38%
62%
4 10,061
-202
-1.97%
26%
63%
3%
6%
7,542
13%
78%
4%
5%
6,358
18%
17%
2%
1%
77%
3%
5,415
16%
15%
2%
1%
79%
3%
3,663
12%
11%
1%
1%
83%
3%
9,448
14%
37%
49%
15%
52%
81%
12%
3%
3%
4%
53%
25%
16%
16%
45%
20%
21%
17%
30%
12%
73%
27%
36%
64%
5 10,246
-17
-0.17%
14%
73%
3%
7%
8,897
9%
79%
5%
4%
7,192
11%
10%
2%
1%
81%
4%
6,390
11%
10%
2%
1%
82%
4%
4,465
8%
8%
1%
1%
85%
4%
10,482
14%
35%
51%
16%
72%
83%
8%
4%
5%
3%
50%
26%
17%
15%
49%
16%
22%
11%
40%
11%
72%
28%
24%
76%
Total
51,317
921

8.97%
26%
63%
2%
5%
42,025
17%
74%
3%
4%
32,622
17%
15%
2%
1%
78%
3%
28,119
15%
14%
2%
1%
80%
3%
19,183
11%
11%
1%
1%
84%
3%
51,439
16%
39%
45%
16%
61%
78%
15%
3%
4%
6%
55%
25%
14%
17%
49%
19%
21%
14%
34%
12%
69%
31%
35%
65%
09/28/2023 11:30 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

Pines
To
Palms
Hwy
State Rt 111
Grapevine St
Haystack Rd
Washington St
W
arn
er Trl
Country Club Dr Monterey Ave
P
ortola
R
d
Gerald Ford Dr
C
o
o
k
St
Frank Sinatra Dr
El D
ora
d
o
Dr
Palm Desert 2023 Redistricting
Proposed Election Sequence:
2024: Districts 1, 2 and 5
2026: Districts 3 and 4
National Demographics Corporation, September 28, 2023
Not quite
population
balanced
Map layers
Map 103
Water Area
Railroad
River
Streets ©2021 CALIPER Page 877 of 934
Map 103
District 1
Total Pop 9,777
Deviation from ideal -486
% Deviation -4.74%
% Hisp 55.5%
% NH White 35%
% NH Black 2%
% Asian-American 4%
Total 7,292
% Hisp 45%
% NH White 48%
% NH Black 3%
% Asian/Pac.Isl. 3%
Total 4,864
% Latino est. 39%
% Spanish-Surnamed 36%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 57%
% NH Black 2%
Total 3,886
% Latino est. 37%
% Spanish-Surnamed 34%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 59%
% NH Black 2%
Total 2,254
% Latino est. 31%
% Spanish-Surnamed 29%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 65%
% NH Black est. 2%
ACS Pop. Est. Total 10,240
age0-19 22%
age20-60 49%
age60plus 29%
immigrants 24%
naturalized 57%
english 56%
spanish 39%
asian-lang 3%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 15%
hs-grad 65%
bachelor 18%
graduatedegree 8%
Child in Household child-under18 27%
Pct of Pop. Age 16+ employed 58%
income 0-25k 28%
income 25-50k 23%
income 50-75k 13%
income 75-200k 33%
income 200k-plus 3%
single family 63%
multi-family 37%
rented 53%
owned 47%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 10,398
135

1.32%
18%
73%
2%
4%
8,768
12%
82%
3%
2%
7,011
10%
10%
1%
0%
86%
2%
6,132
9%
9%
1%
0%
87%
2%
4,388
7%
7%
1%
0%
89%
2%
10,121
13%
38%
48%
9%
63%
89%
6%
1%
4%
2%
51%
28%
15%
12%
48%
17%
20%
15%
29%
18%
76%
24%
28%
72%
3 10,835
572

5.57%
19%
72%
2%
6%
9,525
11%
78%
2%
6%
7,197
12%
11%
2%
1%
84%
2%
6,296
11%
10%
2%
1%
85%
2%
4,413
8%
8%
1%
0%
88%
2%
11,148
15%
37%
49%
16%
62%
79%
11%
6%
4%
6%
55%
26%
14%
16%
46%
18%
20%
12%
38%
13%
61%
39%
38%
62%
4 10,061
-202
-1.97%
26%
63%
3%
6%
7,542
13%
78%
4%
5%
6,358
18%
17%
2%
1%
77%
3%
5,415
16%
15%
2%
1%
79%
3%
3,663
12%
11%
1%
1%
83%
3%
9,448
14%
37%
49%
15%
52%
81%
12%
3%
3%
4%
53%
25%
16%
16%
45%
20%
21%
17%
30%
12%
73%
27%
36%
64%
5 10,246
-17
-0.17%
14%
73%
3%
7%
8,897
9%
79%
5%
4%
7,192
11%
10%
2%
1%
81%
4%
6,390
11%
10%
2%
1%
82%
4%
4,465
8%
8%
1%
1%
85%
4%
10,482
14%
35%
51%
16%
72%
83%
8%
4%
5%
3%
50%
26%
17%
15%
49%
16%
22%
11%
40%
11%
72%
28%
24%
76%
Total
51,317
1,058

10.31%
26%
63%
2%
5%
42,025
17%
74%
3%
4%
32,622
17%
15%
2%
1%
78%
3%
28,119
15%
14%
2%
1%
80%
3%
19,183
11%
11%
1%
1%
84%
3%
51,439
16%
39%
45%
16%
61%
78%
15%
3%
4%
6%
55%
25%
14%
17%
49%
19%
21%
14%
34%
12%
69%
31%
35%
65%
09/28/2023 13:11 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

Pines
To
Palms
Hwy
State Rt 111
Grapevine St
Haystack Rd
Washington St
W
arn
er Trl
Country Club Dr Monterey Ave
P
ortola
R
d
Gerald Ford Dr
C
o
o
k
St
Frank Sinatra Dr
El D
ora
d
o
Dr
Palm Desert 2023 Redistricting
Proposed Election Sequence:
2024: Districts 1, 2 and 5
2026: Districts 3 and 4
National Demographics Corporation, September 28, 2023
Map layers
Map 103b
Water Area
Railroad
River
Streets ©2021 CALIPER Page 879 of 934
Map 103b
District 1
Total Pop 9,777
Deviation from ideal -486
% Deviation -4.74%
% Hisp 55.5%
% NH White 35%
% NH Black 2%
% Asian-American 4%
Total 7,292
% Hisp 45%
% NH White 48%
% NH Black 3%
% Asian/Pac.Isl. 3%
Total 4,864
% Latino est. 39%
% Spanish-Surnamed 36%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 57%
% NH Black 2%
Total 3,886
% Latino est. 37%
% Spanish-Surnamed 34%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 59%
% NH Black 2%
Total 2,254
% Latino est. 31%
% Spanish-Surnamed 29%
% Asian-Surnamed 4%
% Filipino-Surnamed 1%
% NH White est. 65%
% NH Black est. 2%
ACS Pop. Est. Total 10,240
age0-19 22%
age20-60 49%
age60plus 29%
immigrants 24%
naturalized 57%
english 56%
spanish 39%
asian-lang 3%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 15%
hs-grad 65%
bachelor 18%
graduatedegree 8%
Child in Household child-under18 27%
Pct of Pop. Age 16+ employed 58%
income 0-25k 28%
income 25-50k 23%
income 50-75k 13%
income 75-200k 33%
income 200k-plus 3%
single family 63%
multi-family 37%
rented 53%
owned 47%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 10,535
272

2.65%
18%
73%
2%
4%
8,936
12%
82%
3%
2%
7,102
10%
10%
1%
0%
86%
2%
6,214
9%
9%
1%
0%
87%
2%
4,445
7%
7%
2%
0%
89%
2%
10,227
13%
38%
48%
9%
63%
89%
6%
1%
4%
2%
51%
28%
15%
12%
48%
17%
21%
15%
29%
18%
76%
24%
29%
71%
3 10,698
435

4.24%
19%
71%
2%
6%
9,358
11%
78%
2%
6%
7,106
12%
11%
2%
1%
84%
2%
6,214
11%
10%
2%
1%
85%
2%
4,356
9%
8%
3%
0%
88%
2%
11,042
15%
37%
49%
16%
62%
79%
11%
6%
4%
6%
55%
26%
14%
16%
46%
18%
19%
12%
38%
13%
61%
39%
38%
62%
4 10,061
-202
-1.97%
26%
63%
3%
6%
7,542
13%
78%
4%
5%
6,358
18%
17%
2%
1%
77%
3%
5,415
16%
15%
2%
1%
79%
3%
3,663
12%
11%
2%
1%
83%
3%
9,448
14%
37%
49%
15%
52%
81%
12%
3%
3%
4%
53%
25%
16%
16%
45%
20%
21%
17%
30%
12%
73%
27%
36%
64%
5 10,246
-17
-0.17%
14%
73%
3%
7%
8,897
9%
79%
5%
4%
7,192
11%
10%
2%
1%
81%
4%
6,390
11%
10%
2%
1%
82%
4%
4,465
8%
8%
2%
1%
85%
4%
10,482
14%
35%
51%
16%
72%
83%
8%
4%
5%
3%
50%
26%
17%
15%
49%
16%
22%
11%
40%
11%
72%
28%
24%
76%
Total
51,317
921

8.97%
26%
63%
2%
5%
42,025
17%
74%
3%
4%
32,622
17%
15%
2%
1%
78%
3%
28,119
15%
14%
2%
1%
80%
3%
19,183
11%
11%
2%
1%
84%
3%
51,439
16%
39%
45%
16%
61%
78%
15%
3%
4%
6%
55%
25%
14%
17%
49%
19%
21%
14%
34%
12%
69%
31%
35%
65%
09/28/2023 11:24 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

Pines
To
Palms
Hwy
State Rt 111
Grapevine St
Haystack Rd
Washington St
W
arn
er Trl
Country Club Dr Monterey Ave
P
ortola
R
d
Gerald Ford Dr
C
o
o
k
St
Frank Sinatra Dr
El D
ora
d
o
Dr
Palm Desert 2023 Redistricting
Proposed Election Sequence:
2024: Districts 1, 2 and 5
2026: Districts 3 and 4
National Demographics Corporation, September 28, 2023
Map layers
Map 104
Water Area
Railroad
River
Streets ©2021 CALIPER Page 881 of 934
Map 104
District 1
Total Pop 9,777
Deviation from ideal -486
% Deviation -4.74%
% Hisp 55.5%
% NH White 35%
% NH Black 2%
% Asian-American 4%
Total 7,292
% Hisp 45%
% NH White 48%
% NH Black 3%
% Asian/Pac.Isl. 3%
Total 4,864
% Latino est. 39%
% Spanish-Surnamed 36%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 57%
% NH Black 2%
Total 3,886
% Latino est. 37%
% Spanish-Surnamed 34%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 59%
% NH Black 2%
Total 2,254
% Latino est. 31%
% Spanish-Surnamed 29%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 65%
% NH Black est. 2%
ACS Pop. Est. Total 10,240
age0-19 22%
age20-60 49%
age60plus 29%
immigrants 24%
naturalized 57%
english 56%
spanish 39%
asian-lang 3%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 15%
hs-grad 65%
bachelor 18%
graduatedegree 8%
Child in Household child-under18 27%
Pct of Pop. Age 16+ employed 58%
income 0-25k 28%
income 25-50k 23%
income 50-75k 13%
income 75-200k 33%
income 200k-plus 3%
single family 63%
multi-family 37%
rented 53%
owned 47%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 10,398
135

1.32%
18%
73%
2%
4%
8,768
12%
82%
3%
2%
7,011
10%
10%
1%
0%
86%
2%
6,132
9%
9%
1%
0%
87%
2%
4,388
7%
7%
1%
0%
89%
2%
10,121
13%
38%
48%
9%
63%
89%
6%
1%
4%
2%
51%
28%
15%
12%
48%
17%
20%
15%
29%
18%
76%
24%
28%
72%
3 10,103
-160
-1.56%
20%
70%
2%
6%
8,805
12%
76%
3%
7%
6,740
13%
12%
2%
1%
83%
2%
5,865
12%
11%
2%
1%
84%
2%
4,098
9%
8%
1%
0%
87%
2%
10,314
16%
39%
45%
16%
64%
77%
12%
6%
4%
7%
57%
25%
14%
18%
48%
19%
20%
12%
38%
11%
58%
42%
42%
58%
4 10,364
101

0.98%
26%
63%
3%
6%
7,790
13%
78%
4%
5%
6,587
18%
17%
2%
1%
77%
3%
5,621
16%
15%
2%
1%
79%
3%
3,798
12%
11%
1%
1%
83%
3%
9,757
14%
37%
49%
16%
52%
81%
12%
3%
4%
4%
53%
25%
16%
16%
45%
20%
21%
17%
30%
13%
74%
26%
36%
64%
5 10,675
412

4.01%
14%
74%
3%
7%
9,369
9%
81%
5%
3%
7,420
11%
10%
2%
1%
82%
4%
6,615
10%
10%
2%
1%
83%
4%
4,645
8%
7%
1%
1%
86%
4%
11,007
13%
33%
55%
16%
70%
84%
7%
4%
5%
3%
50%
27%
17%
14%
47%
15%
21%
11%
40%
13%
74%
26%
22%
78%
Total
51,317
898

8.75%
26%
63%
2%
5%
42,025
17%
74%
3%
4%
32,622
17%
15%
2%
1%
78%
3%
28,119
15%
14%
2%
1%
80%
3%
19,183
11%
11%
1%
1%
84%
3%
51,439
16%
39%
45%
16%
61%
78%
15%
3%
4%
6%
55%
25%
14%
17%
49%
19%
21%
14%
34%
12%
69%
31%
35%
65%
09/28/2023 11:31 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

Pines
To
Palms
Hwy
State Rt 111
Grapevine St
Haystack Rd
Washington St
O
asis Clu
b
Dr
W
arn
er Trl
Country Club Dr Monterey Ave
P
ortola
R
d
Gerald Ford Dr
C
o
o
k
St
Frank Sinatra Dr
El D
ora
d
o
Dr
Palm Desert 2023 Redistricting
Proposed Election Sequence:
2024: Districts 1, 2 and 3
2026: Districts 4 and 5
National Demographics Corporation, September 28, 2023
Map layers
Map 105
Water Area
Railroad
River
Streets ©2021 CALIPER Page 883 of 934
Map 105
District 1
Total Pop 9,777
Deviation from ideal -486
% Deviation -4.74%
% Hisp 55.5%
% NH White 35%
% NH Black 2%
% Asian-American 4%
Total 7,292
% Hisp 45%
% NH White 48%
% NH Black 3%
% Asian/Pac.Isl. 3%
Total 4,864
% Latino est. 39%
% Spanish-Surnamed 36%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 57%
% NH Black 2%
Total 3,886
% Latino est. 37%
% Spanish-Surnamed 34%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 59%
% NH Black 2%
Total 2,254
% Latino est. 31%
% Spanish-Surnamed 29%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 65%
% NH Black est. 2%
ACS Pop. Est. Total 10,240
age0-19 22%
age20-60 49%
age60plus 29%
immigrants 24%
naturalized 57%
english 56%
spanish 39%
asian-lang 3%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 15%
hs-grad 65%
bachelor 18%
graduatedegree 8%
Child in Household child-under18 27%
Pct of Pop. Age 16+ employed 58%
income 0-25k 28%
income 25-50k 23%
income 50-75k 13%
income 75-200k 33%
income 200k-plus 3%
single family 63%
multi-family 37%
rented 53%
owned 47%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 10,398
135

1.32%
18%
73%
2%
4%
8,768
12%
82%
3%
2%
7,011
10%
10%
1%
0%
86%
2%
6,132
9%
9%
1%
0%
87%
2%
4,388
7%
7%
1%
0%
89%
2%
10,121
13%
38%
48%
9%
63%
89%
6%
1%
4%
2%
51%
28%
15%
12%
48%
17%
20%
15%
29%
18%
76%
24%
28%
72%
3 10,393
130

1.27%
15%
73%
2%
7%
9,176
10%
82%
3%
4%
7,101
10%
10%
2%
1%
84%
3%
6,312
10%
9%
2%
1%
84%
3%
4,559
7%
7%
1%
1%
87%
3%
11,175
14%
33%
53%
14%
73%
82%
9%
4%
5%
4%
54%
26%
16%
14%
47%
19%
23%
13%
35%
11%
68%
32%
32%
68%
4 10,444
181

1.76%
26%
63%
3%
6%
7,583
13%
77%
4%
5%
6,724
18%
17%
2%
1%
77%
3%
5,752
16%
15%
2%
1%
79%
3%
3,898
12%
11%
1%
1%
82%
3%
9,557
16%
41%
43%
17%
54%
79%
12%
4%
4%
5%
56%
24%
13%
19%
51%
20%
21%
18%
32%
10%
70%
30%
38%
62%
5 10,305
42 0.41%
18%
71%
2%
6%
9,207
11%
76%
4%
6%
6,922
13%
12%
2%
1%
81%
3%
6,037
12%
11%
2%
1%
82%
3%
4,084
9%
8%
1%
0%
86%
3%
10,347
13%
35%
52%
17%
62%
82%
10%
5%
4%
5%
50%
27%
16%
14%
43%
14%
19%
9%
42%
16%
68%
32%
29%
71%
Total
51,317
667

6.50%
26%
63%
2%
5%
42,025
17%
74%
3%
4%
32,622
17%
15%
2%
1%
78%
3%
28,119
15%
14%
2%
1%
80%
3%
19,183
11%
11%
1%
1%
84%
3%
51,439
16%
39%
45%
16%
61%
78%
15%
3%
4%
6%
55%
25%
14%
17%
49%
19%
21%
14%
34%
12%
69%
31%
35%
65%
09/28/2023 11:32 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

1 5
3 4
2 Pines To
Palms Hwy
State Rt 111
Fred Waring Dr
Grapevine St
Haystack Rd
Washington St
Warner Trl
Country Club Dr
Monterey
A
ve
Portola Rd
Gerald Ford Dr
C
o
ok St
Frank Sinatra Dr
El D
orado
Dr
National Demographics Corporation, October 17, 2023
�2021 CALIPER Page 885 of 934
Map 106
District 1
Total Pop 10,292
Deviation from ideal 29
% Deviation 0.28%
% Hisp 46.1%
% NH White 43%
% NH Black 3%
% Asian-American 5%
Total 7,973
% Hisp 34%
% NH White 57%
% NH Black 3%
% Asian/Pac.Isl. 5%
Total 5,835
% Latino est. 32%
% Spanish-Surnamed 29%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 64%
% NH Black 2%
Total 4,739
% Latino est. 30%
% Spanish-Surnamed 27%
% Asian-Surnamed 3%
% Filipino-Surnamed 3%
% NH White est. 65%
% NH Black 2%
Total 2,853
% Latino est. 50%
% Spanish-Surnamed 23%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 70%
% NH Black est. 2%
ACS Pop. Est. Total 10,023
age0-19 19%
age20-60 50%
age60plus 32%
immigrants 26%
naturalized 56%
english 57%
spanish 37%
asian-lang 4%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 15%
hs-grad 62%
bachelor 19%
graduatedegree 8%
Child in Household child-under18 21%
Pct of Pop. Age 16+ employed 59%
income 0-25k 25%
income 25-50k 23%
income 50-75k 14%
income 75-200k 34%
income 200k-plus 4%
single family 67%
multi-family 33%
rented 50%
owned 50%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2017-2021 American Community Survey and Special Tabulation 5-year data.
2 10,296
33 0.32%
18%
74%
2%
4%
8,701
12%
82%
3%
2%
6,950
10%
9%
1%
0%
86%
2%
6,085
9%
9%
1%
1%
87%
2%
4,361
12%
7%
1%
0%
89%
2%
10,022
14%
38%
48%
9%
63%
89%
6%
1%
4%
2%
51%
28%
15%
12%
48%
17%
20%
15%
29%
18%
76%
24%
28%
72%
3 10,422
159

1.55%
26%
65%
2%
5%
8,912
18%
72%
3%
4%
6,287
15%
14%
2%
1%
81%
2%
5,490
14%
13%
2%
2%
83%
2%
3,841
18%
9%
1%
0%
87%
2%
11,463
18%
36%
46%
15%
64%
78%
14%
5%
4%
6%
57%
25%
14%
20%
45%
20%
19%
11%
38%
13%
59%
41%
39%
61%
4 10,864
601

5.86%
14%
72%
3%
8%
9,359
9%
78%
5%
4%
7,560
11%
11%
2%
1%
81%
4%
6,710
11%
10%
2%
2%
82%
4%
4,671
12%
8%
1%
1%
85%
4%
11,109
14%
35%
50%
16%
72%
82%
8%
4%
6%
3%
50%
27%
16%
15%
50%
15%
21%
11%
40%
12%
73%
27%
23%
77%
5 9,443
-820
-7.99%
27%
63%
2%
5%
7,080
13%
79%
4%
4%
5,990
18%
17%
2%
1%
77%
3%
5,095
16%
15%
1%
1%
79%
3%
3,457
22%
11%
1%
1%
83%
3%
8,821
14%
36%
50%
15%
51%
82%
13%
3%
3%
5%
54%
24%
16%
16%
44%
20%
22%
17%
29%
12%
73%
27%
37%
63%
Total
51,317
1,421

13.85%
26%
63%
2%
5%
42,025
17%
74%
3%
4%
32,622
17%
15%
2%
1%
78%
3%
28,119
15%
14%
2%
2%
80%
3%
19,183
21%
11%
1%
1%
84%
3%
51,439
16%
39%
45%
16%
61%
78%
15%
3%
4%
6%
55%
25%
14%
17%
49%
19%
21%
14%
34%
12%
69%
31%
35%
65%
10/17/2023 16:04 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

1 5
2 4
3 Pines To
Palms Hwy
State Rt 111
Fred Waring Dr
Grapevine St
Haystack Rd
Washington St
Oasis C ul b Dr
Warner Trl
Country Club Dr
Monterey
A
ve
Portola Rd
Gerald Ford Dr
C
o
ok St
Frank Sinatra Dr
El D
orado
Dr
National Demographics Corporation, October 17, 2023
�2021 CALIPER Page 887 of 934
Map 107
District 1
Total Pop 10,697
Deviation from ideal 434
% Deviation 4.23%
% Hisp 45.0%
% NH White 45%
% NH Black 2%
% Asian-American 5%
Total 8,831
% Hisp 35%
% NH White 54%
% NH Black 3%
% Asian/Pac.Isl. 6%
Total 5,966
% Latino est. 31%
% Spanish-Surnamed 29%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 65%
% NH Black 3%
Total 4,851
% Latino est. 29%
% Spanish-Surnamed 27%
% Asian-Surnamed 2%
% Filipino-Surnamed 2%
% NH White est. 66%
% NH Black 3%
Total 3,017
% Latino est. 46%
% Spanish-Surnamed 21%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 73%
% NH Black est. 2%
ACS Pop. Est. Total 11,429
age0-19 22%
age20-60 50%
age60plus 28%
immigrants 24%
naturalized 58%
english 58%
spanish 35%
asian-lang 4%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 14%
hs-grad 62%
bachelor 19%
graduatedegree 10%
Child in Household child-under18 25%
Pct of Pop. Age 16+ employed 59%
income 0-25k 25%
income 25-50k 21%
income 50-75k 13%
income 75-200k 38%
income 200k-plus 3%
single family 66%
multi-family 34%
rented 52%
owned 48%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2017-2021 American Community Survey and Special Tabulation 5-year data.
2 10,037
-226
-2.20%
26%
59%
3%
9%
7,429
14%
73%
5%
7%
6,326
19%
18%
2%
2%
73%
5%
5,385
17%
16%
2%
2%
74%
5%
3,466
23%
12%
2%
1%
78%
5%
10,021
19%
46%
34%
17%
63%
79%
10%
6%
6%
5%
51%
26%
18%
22%
59%
15%
15%
16%
38%
15%
56%
44%
43%
57%
3 10,296
33 0.32%
18%
74%
2%
4%
8,701
12%
82%
3%
2%
6,950
10%
9%
1%
0%
86%
2%
6,085
9%
9%
1%
1%
87%
2%
4,361
12%
7%
1%
0%
89%
2%
10,022
14%
38%
48%
9%
63%
89%
6%
1%
4%
2%
51%
28%
15%
12%
48%
17%
20%
15%
29%
18%
76%
24%
28%
72%
4 10,180
-83
-0.81%
18%
72%
2%
5%
8,795
11%
81%
3%
2%
6,916
14%
13%
2%
1%
82%
2%
6,078
12%
11%
2%
2%
84%
2%
4,222
16%
9%
1%
0%
87%
2%
10,016
11%
30%
59%
16%
54%
84%
11%
2%
3%
4%
51%
26%
15%
13%
38%
17%
22%
12%
34%
16%
75%
25%
22%
78%
5 10,107
-156
-1.52%
23%
68%
2%
4%
8,270
14%
80%
3%
3%
6,464
12%
11%
2%
1%
84%
2%
5,720
11%
10%
2%
2%
85%
2%
4,117
14%
8%
1%
0%
88%
2%
9,950
12%
29%
59%
15%
71%
81%
12%
4%
4%
4%
59%
24%
13%
13%
43%
22%
26%
12%
32%
7%
71%
29%
32%
68%
Total
51,317
660

6.43%
26%
63%
2%
5%
42,025
17%
74%
3%
4%
32,622
17%
15%
2%
1%
78%
3%
28,119
15%
14%
2%
2%
80%
3%
19,183
21%
11%
1%
1%
84%
3%
51,439
16%
39%
45%
16%
61%
78%
15%
3%
4%
6%
55%
25%
14%
17%
49%
19%
21%
14%
34%
12%
69%
31%
35%
65%
10/17/2023 16:04 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

1 5
3 4
2 Pines To
Palms Hwy
State Rt 111
Fred Waring Dr
Grapevine St
Haystack Rd
Washington St
Warner Trl
Country Club Dr
Monterey
A
ve
Portola Rd
Gerald Ford Dr
C
o
ok St
Frank Sinatra Dr
El D
orado
Dr
National Demographics Corporation, October 17, 2023
�2021 CALIPER Page 889 of 934
Map 108
District 1
Total Pop 10,292
Deviation from ideal 29
% Deviation 0.28%
% Hisp 46.1%
% NH White 43%
% NH Black 3%
% Asian-American 5%
Total 7,973
% Hisp 34%
% NH White 57%
% NH Black 3%
% Asian/Pac.Isl. 5%
Total 5,835
% Latino est. 32%
% Spanish-Surnamed 29%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 64%
% NH Black 2%
Total 4,739
% Latino est. 30%
% Spanish-Surnamed 27%
% Asian-Surnamed 3%
% Filipino-Surnamed 3%
% NH White est. 65%
% NH Black 2%
Total 2,853
% Latino est. 50%
% Spanish-Surnamed 23%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 70%
% NH Black est. 2%
ACS Pop. Est. Total 10,023
age0-19 19%
age20-60 50%
age60plus 32%
immigrants 26%
naturalized 56%
english 57%
spanish 37%
asian-lang 4%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 15%
hs-grad 62%
bachelor 19%
graduatedegree 8%
Child in Household child-under18 21%
Pct of Pop. Age 16+ employed 59%
income 0-25k 25%
income 25-50k 23%
income 50-75k 14%
income 75-200k 34%
income 200k-plus 4%
single family 67%
multi-family 33%
rented 50%
owned 50%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2017-2021 American Community Survey and Special Tabulation 5-year data.
2 10,296
33 0.32%
18%
74%
2%
4%
8,701
12%
82%
3%
2%
6,950
10%
9%
1%
0%
86%
2%
6,085
9%
9%
1%
1%
87%
2%
4,361
12%
7%
1%
0%
89%
2%
10,022
14%
38%
48%
9%
63%
89%
6%
1%
4%
2%
51%
28%
15%
12%
48%
17%
20%
15%
29%
18%
76%
24%
28%
72%
3 10,524
261

2.54%
26%
65%
2%
5%
9,077
18%
71%
3%
5%
6,501
15%
14%
2%
1%
81%
2%
5,676
13%
12%
2%
2%
83%
2%
3,975
18%
9%
1%
0%
87%
2%
11,462
18%
36%
45%
15%
66%
77%
14%
5%
4%
6%
60%
23%
13%
19%
46%
20%
22%
10%
37%
10%
59%
41%
40%
60%
4 10,030
-233
-2.27%
15%
71%
3%
8%
8,474
10%
78%
5%
4%
6,889
12%
11%
2%
1%
80%
5%
6,093
12%
11%
2%
2%
81%
4%
4,222
13%
8%
1%
1%
84%
4%
10,276
15%
37%
47%
16%
71%
82%
8%
4%
6%
3%
48%
28%
17%
17%
52%
16%
18%
12%
41%
12%
71%
29%
25%
75%
5 10,175
-88
-0.86%
25%
65%
2%
5%
7,800
12%
81%
3%
3%
6,447
17%
16%
1%
1%
78%
3%
5,526
15%
14%
1%
1%
80%
3%
3,772
20%
11%
1%
1%
84%
3%
9,655
13%
34%
53%
15%
50%
83%
12%
3%
2%
4%
52%
25%
16%
14%
42%
19%
21%
16%
30%
14%
75%
25%
33%
67%
Total
51,317
494

4.81%
26%
63%
2%
5%
42,025
17%
74%
3%
4%
32,622
17%
15%
2%
1%
78%
3%
28,119
15%
14%
2%
2%
80%
3%
19,183
21%
11%
1%
1%
84%
3%
51,439
16%
39%
45%
16%
61%
78%
15%
3%
4%
6%
55%
25%
14%
17%
49%
19%
21%
14%
34%
12%
69%
31%
35%
65%
10/17/2023 16:05 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

1 5
3 4
2 Pines To
Palms Hwy
State Rt 111
Fred Waring Dr
Grapevine St
Haystack Rd
Washington St
Oasis C ul b Dr
Warner Trl
Monterey
A
ve
Portola Rd
Gerald Ford Dr
C
o
ok St
Frank Sinatra Dr
El D
orado
Dr
National Demographics Corporation, October 17, 2023
�2021 CALIPER
Proposed Election Sequence:
2024: Districts 1, 2, and 4
2026: Districts 3 and 5

Map 109
District 1
Total Pop 9,777
Deviation from ideal -486
% Deviation -4.74%
% Hisp 55.5%
% NH White 35%
% NH Black 2%
% Asian-American 4%
Total 7,292
% Hisp 45%
% NH White 48%
% NH Black 3%
% Asian/Pac.Isl. 3%
Total 4,864
% Latino est. 39%
% Spanish-Surnamed 36%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 57%
% NH Black 2%
Total 3,886
% Latino est. 37%
% Spanish-Surnamed 34%
% Asian-Surnamed 2%
% Filipino-Surnamed 2%
% NH White est. 59%
% NH Black 2%
Total 2,254
% Latino est. 65%
% Spanish-Surnamed 29%
% Asian-Surnamed 1%
% Filipino-Surnamed 1%
% NH White est. 65%
% NH Black est. 2%
ACS Pop. Est. Total 10,240
age0-19 22%
age20-60 49%
age60plus 29%
immigrants 24%
naturalized 57%
english 56%
spanish 39%
asian-lang 3%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 15%
hs-grad 65%
bachelor 18%
graduatedegree 8%
Child in Household child-under18 27%
Pct of Pop. Age 16+ employed 58%
income 0-25k 28%
income 25-50k 23%
income 50-75k 13%
income 75-200k 33%
income 200k-plus 3%
single family 63%
multi-family 37%
rented 53%
owned 47%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2017-2021 American Community Survey and Special Tabulation 5-year data.
2 10,398
135

1.32%
18%
73%
2%
4%
8,768
12%
82%
3%
2%
7,011
10%
10%
1%
0%
86%
2%
6,132
9%
9%
1%
1%
87%
2%
4,388
12%
7%
1%
0%
89%
2%
10,121
13%
38%
48%
9%
63%
89%
6%
1%
4%
2%
51%
28%
15%
12%
48%
17%
20%
15%
29%
18%
76%
24%
28%
72%
3 10,659
396

3.86%
25%
65%
2%
6%
8,382
12%
79%
2%
4%
7,032
17%
16%
2%
1%
79%
2%
6,035
15%
14%
2%
2%
81%
2%
4,106
21%
11%
2%
1%
84%
2%
9,785
11%
37%
52%
17%
51%
80%
14%
3%
3%
6%
54%
24%
15%
14%
44%
20%
23%
14%
29%
14%
77%
23%
34%
66%
4 10,390
127

1.24%
19%
67%
3%
8%
8,220
11%
74%
6%
7%
6,718
14%
13%
2%
1%
77%
5%
5,824
13%
12%
2%
2%
79%
5%
3,781
16%
9%
1%
1%
83%
5%
10,084
17%
39%
44%
17%
65%
82%
7%
6%
6%
4%
50%
29%
15%
18%
51%
11%
16%
13%
46%
14%
63%
37%
32%
68%
5 10,093
-170
-1.66%
15%
75%
2%
5%
9,363
10%
81%
3%
3%
6,997
10%
9%
2%
1%
85%
2%
6,242
9%
9%
2%
2%
86%
2%
4,654
11%
7%
1%
0%
88%
2%
11,209
15%
32%
53%
13%
73%
81%
11%
4%
4%
4%
55%
24%
16%
16%
46%
21%
24%
13%
34%
9%
68%
32%
32%
68%
Total
51,317
882

8.59%
26%
63%
2%
5%
42,025
17%
74%
3%
4%
32,622
17%
15%
2%
1%
78%
3%
28,119
15%
14%
2%
2%
80%
3%
19,183
21%
11%
1%
1%
84%
3%
51,439
16%
39%
45%
16%
61%
78%
15%
3%
4%
6%
55%
25%
14%
17%
49%
19%
21%
14%
34%
12%
69%
31%
35%
65%
10/17/2023 16:19 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

I

VICINITY MAP
Varner Rd
Ramon Rd
Thousand
Palms
Edom
Whitewater River
Gerald Ford Dr
Country Club Dr
Frank Sinatra Dr
Monterey
Ave
Monterey Ave
Monterey Ave
Monterey Ave
ho Las
Country
lub
Monterey
Country Club
Desert Willow
Palm Desert
111
Ramon Rd
Ivey Ranch
Country Club
Hidden Palms
Pushawalla
Palms
Whitewater River
Varner Rd
Varner Rd
Washington St
Washington St
Fred Waring Dr Fred Waring Dr Fred Waring Dr
Country Club Dr
Eldorado Dr
Cook St
42nd Ave
Hovley Ln E
Hovley Ln E
Oasis Club Dr
Gerald Ford Dr
Tamarisk Row
Dr
Frank Sinatra Dr
Sun Cit
Deser
Cou
Classic Club
Golf Course
Indian Wells
Golf Course
Toscana
Country Club
Indian Ridge
Country Club
Palm Valley
Country Club
The Lakes
Country Club
Desert Falls
Country Club
Palm Desert
Country Club
Coachella Vly
Natl Wildlife
Refuge
Palm Desert
Country
Highway 111
Indian Wells
A - 176
B - 111
C - 241
D - 330 E -
269
F - 32
G - 63
H - 196
I - 150
J - 394
K - 159
L -
700
M - 336
N -
183
O - 169
P -
236
Q -
145
R - 227
S - 83
T - 388
U - 30
V - 32
W - 19
X - 18
Y - 9 Z - 5
Residential Project Status - June 2023
Approved
Under
Construction
Units: 2,942 / Projected Pop. 6,237
Units: 1,759 / Projected Pop. 3,729
Copyright nearmap 2015, Loma Linda University, City of Palm Desert, County of Riverside, California State Parks, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, USDA Map ID Project Name Case No. Residential Type Status Unit Count Population A Urban Crossings PP/CUP22-0002 Multi-family Approved 176 373.12 B Sage PP14-170/TT 36351 Single-family Under Construction 111 235.32 C Palm Villas PP23-0003/TPM38366 Multi-family Approved 241 510.92 D Millennium Apartments PP21-0009 Multi-family Under Construction 330 699.6 E Vitalia Apartments PP/CUP21-0004 Multi-family Under Construction 269 570.28 F Santa Barbara Condominiums PP21-0008/TTM 38033/CZ21-0001 SIngle-family Approved 32 67.84 G Montage GPA/PP/EA21-0001 / TTM 37993 Single-family Under Construction 63 133.56 H University Park Lennar PP 06-05/MISC21-0019/TTM 36342 Single-family Under Construction 196 415.52 I Gerald Ford Apartments PP22-0004 Multi-family Under Construction 150 318 J Frank Sinatra Drive/Portola Avenue Apartments PP/CUP/EA22-0006 Multi-family Approved 394 835.28 K Dolce MISC21-0025/TTM31071 Single-family Under Construction 159 337.08 L Refuge Specific Plan SP22-0001/TTM38434 Single-family Approved 700 1484 M University Park Apartments PP18-0005/TTM 37506 Multi-family Approved 336 712.32 N University Park Phase Four PP18-0005/TTM 37506 Multi-family Approved 183 387.96 O University Park Phase Two PP18-0005/TTM 37506 Single-family Under Construction 169 358.28 P University Park Phase One PP18-0005/TTM 37506 SIngle-family Under Construction 236 500.32 Q University Park Phase Three PP18-0005/TTM 37506 SIngle-family Approved 145 307.4 R Monterey Ridge CZ 05-03/PP 05-02/ TTM 34179 Multi-family Approved 227 481.24 S Desert Surf Villas SP18-0002/PP21-0002/TTM22-0001 Single-family Approved 83 175.96 T Bravo Gardens PP/CUP 16-394 Multi-family Approved 388 822.56 U Villa Portofino PP 13-279 Single-family Under Construction 30 63.6 V Palm Desert Country Club Condos - Site A PP/CUP/EA/CZ 16-280 Single-family Under Construction 32 67.84 W Palm Desert Country Club Condos - Site B PP/CUP/EA/CZ 16-280 Single-family Approved 19 40.28 X Palm Desert Country Club Condos - Site C PP/CUP/EA/CZ 16-280 Single-family Approved 18 38.16 Y Merle Self-Help Lots A TR 30795 Single-family Under Construction 9 19.08 Z Merle Self-Help Lots B TR 30795 Single-family Under Construction 5 10.6 4701
Projected Population (2.12 persons per unit) 9,966
Total Units

Palm Desert Redistricting 2023
Public Hearing #3
November 16, 2023

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

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

Workshops and Public Hearings
September 6, at 6 p.m., Community Workshop #1
(Held at City Hall & via Zoom)
September 14 & 28, at 4:30 p.m., Public Hearings #1 and #2 (Held in Council Chambers & via Zoom)
October 4 & 16, at 5 p.m., Map Drawing Workshops #1 and #2 (Held via Zoom)
November 16, at 4:30 p.m., Public Hearing #3
(Held in Council Chambers & via Zoom)
For the full schedule, visit:
https://redistrictpd.org/
Meeting Videos, Staff Reports,
Presentations, & Public
Comments are posted to the
redistricting website.

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

To request the City Council select 2-3 “focus” maps for further consideration.

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

2. California Criteria
(in priority order):

1. Geographically contiguous

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

3. Easily identifiable boundaries

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

1. Federal Laws 3. Other Traditional
Redistricting Principles
* Respect voters'choice / avoid
unnecessary pairing of incumbents
Future Population Growth
District Map Drawing Criteria
Source: NDC
* Change made pursuant to AB 764,
effective January 1, 2024

E
xisting
Two-District
Map

DRAFT MAPS

Not Population Balanced, Not Contiguous

Not Population Balanced, Outside of Scope

Eligible for Adoption
* Maps 102b and 103b are identical. They are population-balanced versions of Maps 102 and 103 that were submitted by two individuals. Any public support for these maps will be tallied together.

Eligible for Adoption

Eligible for Adoption

Maps for Consideration

Future Population Growth
The City Council may consider future population growth
when selecting a final map, provided that federal and state criteria have been met.

Based on the above chart, Maps 105 and 109 achieve a
greater balance in dividing future population growth in north Palm Desert.

By balancing future population growth in the northern area there may be fewer boundary adjustments following the
2030 Census.

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

Spanish and ASL Interpreters will be available at all workshops.

Spanish and ASL Interpreters available upon request for public hearings.

Submit written comments in-person or via email.

Subscribe for email updates about upcoming meetings.

Request a presentation at a civic or community group meeting.

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

Upcoming Meetings & Important Dates
Staff presentation on focus maps; solicit public comment November 29, at 6 p.m., Community Workshop #2
(Location: Palm Desert iHub, in-person only)
Staff presentation on focus maps; solicit public comment December 6, at 6 p.m., Community Workshop #3
(Location: City Hall and via Zoom)
Request the City Council select a final map w/adjustments Provide direction on the sequence of elections
December 14, at 4:30 p.m., Public Hearing #4
(Location: Council Chamber and via Zoom)
Request the City Council adopt a final map
Introduce an ordinance enacting five single member districts January 11, at 4:30 p.m., Public Hearing #5
(Location: Council Chamber and via Zoom)
For the full schedule, visit:
https://redistrictpd.org/

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

Select 2-3 “focus” maps for further consideration.

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

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

DISCUSSION
Which maps do you prefer? Why?
Are there any immediate modifications that should be made to any of the selected “focus” maps? Note: The City Council will have another opportunity to make adjustments at the December 14th Public Hearing.

From:

To: CityClerk
Subject: Map for City of Palm Desert
Date: Thursday, November 9, 2023 11:44:03 AM
Good day Anthony,
Can you include this email for our council members? Mr. Gregg Akkerman submitted his map for the Five Districts. In my opinion, his submission is the most thoughtful and appropriate outline I have seen. I convey this for the following reasons:
* The boundaries are the most logical and easy to identify while other map proposals are more confusing
* Longstanding traditions for neighborhood identity are respected * All compliance requirements with regards to population and contiguousness are met
I look forward to the council's conversation on this on November 16th.

All the Best,
Ralph Perry
City Volunteer
Parks and Recreation Committee
Library Taskforce

From:

To: Anthony Mejia
Subject: Comments of Draft Map 102b and 103b
Date: Wednesday, November 8, 2023 11:29:02 AM
Dear Palm Desert Council Members,
I believe the map I authored (#102/103) not only satisfies the expectations of the people of Palm Desert but is also fully compliant with the expressed requirements.

Simply put, Map 102/103 makes the most sense especially when compared to other submissions. This is accomplished because Map 102/103 primarily uses major roads as boundaries and respects local traditions as to what constitutes "North" Palm Desert (north of Country Club Drive) and "South" Palm Desert (south of HWY 111). The map also maintains the integrity of long-standing neighborhoods such as Palm Desert Country Club and the Lakes Country Club.

Pre-existing precinct boundaries are used throughout Map 102/103 except for along the east end of the northern District #5 in order to keep Palm Valley Country Club in one district and use Tamarisk Row Drive as a naturally smooth boundary to District #4 just south of I-10.

Furthermore, the Demographer created a small edit when correcting a glitch in their map template resulting in Map 102b/103b in which a small portion of land north of HWY 111 at Deep Canyon Rd. was added to the proposed "South" district. After researching other alternatives to resolve their glitch, I find their edit to be the simplest solution in order to maintain population balance.

In summary, I recommend the Council consider adopting Map 102/103 or, more likely, 102b/103b because the boundaries throughout the new districts are the most logical and easy to identify, longstanding traditions for neighborhood identity are respected, and all compliance requirements with regards to population and contiguousness are met.

Thank you,
Gregg Akkerman
Palm Desert resident and Chair of the Parks and Recreation Committee

From:

To: Anthony Mejia
Subject: RE: Comments of Draft Map 102b and 103b
Date: Wednesday, November 8, 2023 4:43:40 AM
Attachments: 50th-partyintheparke-sig b2e08c57-46c7-4d3a-9b32-d091a9bc7c9f.png B06AF5B1EE104219B12337B8C98733D6.png
Hi Anthony,
First my plan was to divide from 2 to 5 relatively equal districts by population without impacting district 1.

Mike Morsch
Sent from Mail for Windows
From: Anthony Mejia
Sent: Tuesday, November 7, 2023 3:07 PM
To: Anthony Mejia
Subject: Comments of Draft Map 102b and 103b
Good afternoon:

As the author of Map 102/103, I want to ensure that you are aware that you are welcome to submit written comments on the rationale for the draft map. Providing such comments is helpful to the City Council in understand the reasoning behind said map. If you desire to submit written comments, please provide your comments by Thursday, November 9, by 2:30 p.m., so that your comments will be included with the staff report. Otherwise, any comments submitted after November 9th will be provided to the City Council and posted to the website in a supplemental packet.

Please let me know if you have any questions.

Anthony Mejia
City Clerk
760.776.6304
[email protected] | www.palmdesert.gov
73510 Fred Waring Drive, Palm Desert, CA, 92260

From:

To: CityClerk
Subject: Redistricted Map
Date: Wednesday, November 8, 2023 3:42:09 PM
Anthony,
I would like to vote for map 102b/103b. After looking at the other maps, I feel this is the best map for several reasons. It takes into consideration the set boundaries on the city map, divides PD districts into fairly equal population, and complies with the legal documentation already established. The need for district representation by city council members is crucial to building and maintaining a great city environment. When residents have representation by a person who lives in that designated area, it makes a huge difference. I know because that is what I was accustomed to before I moved here.

Sincerely,
Debbie Green
Palm Desert, CA 92260

From:

To: CityClerk
Subject: Comments on City Maps
Date: Wednesday, November 8, 2023 3:47:31 PM
Hello,
I've reviewed the redistricting maps and my vote is for #104. It has the most intuitive boundaries.

Thank you,
Laura Freeman
Palm Desert

From:

To: Anthony Mejia
Cc: Todd Hileman; Chris Escobedo
Subject: Districts Roll-Out
Date: Friday, November 3, 2023 12:52:42 PM
Hi Anthony,
This message is from Ralph Perry. Greetings!
I have been thinking about the roll-out of the five districts. As you know, many residents invested a lot of communication and coordinating to promote the Five Districts.

As we know, the district decision was a contentious topic. That's why I believe it would be best to keep the rollout as easy for the public to understand as possible. To limit confusion with the new voting process, I suggest the districts should be grouped and rolled-out in numerical order.

For 2024 we could have Districts 1, 2 and 3 be on the ballot. Then in 2026 we could finish off with 4 and 5. I know this is up to debate and the city council's approval. At a future correct time, I plan on speaking at a council meeting regarding this.

Thank you for everything you have done and are currently doing. Many residents do appreciate and support you and your team for your thoughtful hard work.

Kind regards,
Ralph Perry

1 Anthony Mejia
From: [email protected]
Sent: Monday, October 9, 2023 3:25 PM
To: CityClerk;
Subject: Palm Desert Redistricting - New submission from Contact Us Name
Anonymous NA
Email
[email protected]
Message

Given there is going to be an explosion of growth in north Palm Desert, I believe north Palm Desert should be divided into two districts. If possible, I think the properties along the mid valley channel should stay in a single district. For the remaining district in north PD, I think it should try to stay below Country Club Drive, as those north of Country Club have shared issues such as blow sand and new development.

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: November 16, 2023
PREPARED BY: Eric Ceja, Director of Economic Development REQUEST: APPROVE THE SECOND AMENDMENT TO DEVELOPMENT
AGREEMENT 98-1 BETWEEN THE CITY OF PALM DESERT AND
MARRIOTT OWNERSHIP RESORTS, INC.

RECOMMENDATION:

1. Approve the Second Amendment to the Development Agreement (DA 98-1) between the City of Palm Desert and Marriott Ownership Resorts, Inc.

2. Direct the City Manager to execute the Second Amendment to the Development Agreement.

3. Direct the City Attorney to make necessary, non-monetary changes to the Second Amendment to the Development Agreement.

4. Authorize adjustment of $1,600,000 to Timeshare Mitigation Revenue Account Number 1100000-3122900.

BACKGROUND/ANALYSIS:

In 1998, the City of Palm Desert approved a Development Agreement (“DA”) with Marriott Ownership Resorts (“Marriott”), for the development of the Marriott Shadow Ridge Golf Club, located at the southeast corner of Monterey Avenue and Gerald Ford Drive. The agreement required the development of an 18-hole golf course with approximately 1,200 timeshare units.

Additionally, Marriott was to remit a facilities fee equivalent to $30 per week, per unit, and subject to increases in the consumer price index (CPI), to the City for a period of 20-years. The initial 20-year term of the DA has been extended through an amendment and expires in December 2030.

Legal Review:

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

Strategic Plan:

1. Land Use, Housing, and Open Space, Priority 2: “Facilitate the development of highquality housing for people of all income levels.”

2. Land Use, Housing, and Open Space, Priority 5: “Utilize progressive land use policies and standards to support ongoing and future needs.”
Project Description:

In 2020, Marriot approached the City and expressed that the timeshare market is saturated in the Coachella Valley and they would like to pursue other options including the development of single-family homes with the Shadow Ridge development. In late 2022, Marriott returned to the City with a proposal to convert roughly 18.75-acres of undeveloped land to 93 higher-end single family homes rather than the remaining timeshare units. City staff expressed concerns with the loss of revenue from the facilities fee as the new single-family homes would not be subject to

City of Palm Desert
Second Amendment to Development Agreement 98-1

the fee. In lieu of the additional facilities fee the second amendment to the Development Agreement anticipates:
- A one-time $1.6M payment to the City from Marriott upon sale of the property to Toll Brothers, Inc., for the development of the 93-homes. The new homes are situated in a zoning district which allows for short-term rentals. However, there are no current projections on how much additional TOT would be generated from this site.

The Second Amendment to the Development Agreement is limited to Marriott’s remittance of $1.6M to the City of Palm Desert upon the transfer of 18.75-acres to Toll Brothers. A separate Development Agreement will be processed with the planning entitlements that Toll Brothers brings forwards for consideration through a separate public hearing process. The Development Agreement for Toll Brothers also anticipates:
- The creation of a Community Facilities District (“CFD”) for the 18.75 acres. The developer projects that the CFD may generate $204,600+ to the City in year 1. The benefit of a CFD is that it will run in perpetuity and may pay for on-going public service costs such as streets, water, sewage, drainage, electricity, parks, and public safety to newly developing areas. CFD’s may also pay for infrastructure, but that is not in this plan.

FINANCIAL IMPACT:

Approval of this amendment will result in the City forgoing the facilities fee for the remaining timeshare units and accept the creation of a CFD for services; and one-time in-lieu fee of $1,600,000 to the General Fund.

ATTACHMENTS:

1. DRAFT Second Amendment to Development Agreement 98-1

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1 890577-2

RECORDING REQUESTED BY AND
AFTER RECORDATION MAIL TO:

Office of the City Clerk
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
This document is exempt from the payment of a recording fee pursuant to Government Code §§ 6103, 27383
(Space Above This Line for Recorder’s Use Only)
Second Amendment to Development Agreement
Between
City of Palm Desert
a California Charter City and Municipal Corporation
and
Marriott Ownership Resorts, Inc.
a Delaware Corporation
Legal Description of Property
Marriott Shadow Ridge
9003 Shadow Ridge Road, Palm Desert, California
Ordinance No. ____
(Case No. DA 98-1, Amendment No. 2)
Dated: _______________

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RECORDING REQUESTED BY AND
AFTER RECORDATION MAIL TO:

Office of the City Clerk
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
This document is exempt from the payment of a recording fee pursuant to Government Code §§ 6103, 27383
(Space Above This Line for Recorder’s Use Only)

SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
This SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (DA 98-1) (“Second Amendment”) is made and entered into as of the ____ day of ____, 2023 (the “Effective Date”), by and between the CITY OF PALM DESERT, a California charter city and municipal corporation (“City”) and MARRIOTT OWNERSHIP RESORTS, INC., a Delaware corporation (“Developer”) and is made with reference to the background facts and circumstances set forth in the Recitals below.

RECITALS
A. On December 10, 1998, the City and Developer did enter into Development Agreement DA 98-1 (adopted as Ordinance No. 888) (“Development Agreement”) for Marriott Shadow Ridge, a timeshare development;
B. On April 13, 2017, the City and Developer did enter into the First Amendment to Development Agreement DA 98-1, Amendment No. 1 (adopted as Ordinance No. 1320) extending the term of the Development Agreement for an additional ten (10) years through December 2030; C. Due to unprecedented and unanticipated economic conditions, development of Designated Remainder Parcels 4 and 5 of Tract 28818-1 as shown by map on file in Book 289, Pages 15 through 29 of Maps, in the official records of Riverside County, California (the “Subject Property”) has not occurred as originally contemplated; D. Developer has negotiated the sale of the Subject Property to Toll Bros., Inc. for its planned development of ninety-three (93) single-family homes; E. City and Developer agree that continued development of the Subject Property is in the best interests of the City and the Developer;

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F. City and Developer now desire to amend DA 98-1 to accommodate the development of planned unit development of ninety-three (93) single family residential homes on the rather than time share units, subject to the consummation of the sale of the Subject Property to Toll Bros., Inc.;
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants contained herein, the parties hereto agree as follows:

1. Termination. Section 6, Termination, of the Development Agreement is amended by adding a new subsection 6.6 thereto to read as follows:

6.6 The consummation of the sale of the Designated
Remainder Parcels 4 and 5 of Tract 28818-1 as shown by map on file in Book 289, Pages 15 through 29 of Maps, in the official records of Riverside County, California (the “Subject Property”) pursuant to a Purchase and Sale Agreement (“PSA”) by and between Developer and Toll Bros., Inc. as evidenced by (a) delivery to the City of a certified copy of the recorded grant deed conveying fee title to the Subject Property from Developer to Toll Bros., Inc. (or a single purpose development entity controlled by Toll Bros. Inc.), (b) the payment by the escrow holder under the PSA to the City in the amount of ONE MILLION SIX HUNDRED THOUSAND AND
00/100 DOLLARS ($1,600,000.00) from the proceeds of the sale of the Property, such payment being made in lieu of the Weekly Facilities Fee to which the City may otherwise be entitled to receive in connection with the Subject Property pursuant to the Development Plan contemplated hereunder, and (c) delivery by City to Developer of a certified copy of a resolution releasing the Subject Property from the Precise Plan/Conditional Use Permit 98-5, approved by City Council Resolution 98-108. Notwithstanding anything contained herein to the contrary, any termination pursuant to this Section 6.6 shall be with respect to the Subject Property only, and this Agreement shall remain in full force and effect with respect to the remainder of the Property, which remaining Property shall continue to be subject to and benefitted by this Agreement and the Precise Plan/Conditional Use Permit 98-5, approved by City Council Resolution 98-108, as each has been or may be amended from time to time.

2. Counterparts. This Second Amendment may be executed in one or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument.

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3. Continued Effectiveness of Development Agreement. Except as otherwise amended herein, all terms and conditions of the Development Agreement remain in full force and effect.
[Signatures appear on following pages]
[Remainder of page intentionally left blank]

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IN WITNESS WHEREOF the parties hereto have entered into this Second Amendment as of the date and year first above written.

CITY:

Date: _____________, 2023
CITY OF PALM DESERT, a charter city
and municipal corporation
By:___________________________
KATHLEEN KELLY, Mayor
ATTEST:

By:_______________________
Anthony Mejia, MMC
City Clerk
APPROVED AS TO FORM:

By:_______________________
Robert Hargreaves
City Attorney

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Date: ___________2023
DEVELOPER:

MARRIOTT OWNERSHIP RESORTS,
INC., a Delaware corporation
By:_________________________
Name:

Title:

By:_________________________
Name:

Title:

APPROVED AS TO FORM:

By:_____________________
, Counsel

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NOTE: ALL SIGNATURES MUST BE IN BLUE INK AND INCLUDE NOTARY ACKNOWLEDGMENTS PER CALIFORNIA CIVIL CODE SEC. 1180 ET. SEQ.

ACKNOWLEDGMENTS
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 San Riverside )
On ____________________, before me, ____________________________, a 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
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 San Riverside )
On ____________________, before me, ____________________________, a 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