Agenda packet, regular meeting — Palm Desert City Council, December 14, 2023 (part 5 of 5)

Contract No. ___________
Exhibit “A”
Revised 07-2023
BBK 72500.00001\32375220.1

3.18 General Provisions.

3.18.1 Authority’s Representative. The City hereby designates the Randy Chavez, Deputy Director of Public Works, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract except for increasing the Total Contract Price. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.18.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications, and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required.

Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.18.3 Termination. This Contract may be terminated by the City at any time, either with or without cause, by giving Contractor three (3) days advance written notice. In the event of termination by the City for any reason other than the fault of Contractor, the City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, the City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset the City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, the City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. If this Contract is terminated as provided, the City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials, or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.18.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from the City, the matter shall be referred to the City’s Representative, whose decision shall be binding upon Contractor.

3.18.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

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Contract No. ___________
Exhibit “A”
Revised 07-2023
BBK 72500.00001\32375220.1

3.18.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

Contractor: [INSERT BUSINESS NAME]
[INSERT STREET ADDRESS]
[INSERT CITY STATE ZIP]
ATTN: [***INSERT NAME AND TITLE***]
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: CITY CLERK
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.18.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.18.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of the City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

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

3.18.10 Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Riverside, State of California.

3.18.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.18.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.18.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the City shall have the right to terminate this Contract without liability.

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Contract No. ___________
Exhibit “A”
Revised 07-2023
BBK 72500.00001\32375220.1

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

3.18.15 Certification of License.

3.18.15.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.18.15.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.18.16 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.18.17 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Contract may only be modified by a writing signed by both Parties.

3.18.18 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party unless such waiver is specifically specified in writing.

3.18.19 City’s Right to Employ Other Contractors. The City reserves right to employ other contractors in connection with this Project or other projects.

3.18.20 Federal Provisions. Reserved
[Signatures on Next Page]

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Contract No. ___________
Exhibit “A”
Revised 07-2023
BBK 72500.00001\32375220.1

SIGNATURE PAGE TO SHORT FORM CONSTRUCTION AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT
AND [***INSERT NAME OF CONSULTANT***(All CAPS)]
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF PALM DESERT
By:

L. Todd Hileman
City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Best Best & Krieger LLP
City Attorney
[***INSERT NAME OF CONSULTANT***(All
CAPS)], Choose an item.
[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED]
By:

Its:

Printed Name:

By:

Its:

Printed Name:

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

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Contract No. ___________
Exhibit “A”
Revised 07-2023
BBK 72500.00001\32375220.1
EXHIBIT “A”

SERVICES / SCHEDULE

1. SCOPE OF WORK
The work to be done consists of furnishing all labor, incidental materials, equipment, necessary tools and machinery, supervision, disposal fees, all utility and transportation services, and incidentals required for the Citywide Tropical Storm Hilary Maintenance and Repairs project in accordance with the Specifications.

This contract provides for the regular evaluation and maintenance project services for the City owned or operated facilities listed below.

2. LOCATION OF WORK
 Mid Valley Channel, including adjacent:
 Streets
 Rights of ways.
 City Facilities
 Trapezoidal Channel
 Section 29 Retention basin and channel
 City maintained culverts.
 City maintained catch basins and associated drainage lines.  City maintained vacant parcels.
 City maintained retention/detention basins.
 City maintained greenbelts and parks.
 City maintained freeway on/off ramps.
 City maintained areas that require storm restoration and repairs.  Other City areas impacted by Tropical Storm Hilary (rain, wind, dust, flood, etc.) related damage.

The Contractor will furnish all labor, materials, renderings, equipment, tools, removal, installation, coordination, permits, supervision, utility and transportation services, and incidentals (including tax) as necessary. Each of these facilities has unique maintenance needs that will be met through this contract. All Citywide Tropical Storm Hilary Maintenance and Repairs projects will be conducted in a manner that provides for the adequate and safe use of the facility and continues the City’s
prominence as a world-class municipality for the enjoyment of the community.

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Contract No. ___________
Exhibit “A”
Revised 07-2023
BBK 72500.00001\32375220.1

3. GENERAL SERVICES TO BE PERFORMED
Contractor shall provide the necessary equipment and labor to perform maintenance projects on an as-requested basis for the City. Infrastructure maintenance requests will be based on contractor assessments in coordination with City staff.

3.1 Contractor will visit assigned Palm Desert facilities a minimum of once per quarter on a rotating basis, or based on priority designated by City staff. The purpose of the site visits is to perform inspections and assessments, provide recommendations, and develop long-term plans for facility upkeep. A written report will be developed by the Contractor after each site visit and submitted to City staff within two weeks of the site visit. Minimum requirements for the report include:
 Site locations visited and address
 Contractor representative and contact information
 Date and time of visit
 Prioritized list of areas recommended for maintenance projects  Descriptions of maintenance projects
 Estimated cost to complete each maintenance project
 Photos

3.2 The contractor will provide technicians capable of working on a variety of Public Works elements, including but not limited to:
 Retention/detention basin cleaning and repair
 Desilting of storm channels
 Culvert maintenance and cleaning
 Catch basin repairs/cleaning
 Soil stabilization
 Sandstorm mitigation methods
 Storm cleanup and repairs
 Flood control and preventative maintenance
 PM 10 control and mitigation methods
 General Engineering/Surveying methods
 Heavy equipment use and operations

3.3 In addition to scheduled quarterly site visits, Contractor(s) will participate in one (1) meeting annually for the duration of the contract with City staff to review shortterm and long-term maintenance need projections and preventive maintenance

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Contract No. ___________
“Exhibit A”
72500.00001\32375220.1
and repairs needed until all repairs are completed. This will allow the City to accurately budget and plan for anticipated maintenance needs, infrastructure repairs and upgrades.

3.4 Contractor shall provide appropriate equipment and labor for the execution of all maintenance and repair activities. City of Palm Desert reserves the right to inspect and/or approve any equipment used in this contract. If City of Palm Desert deems the equipment to be in disrepair or inappropriate to the task at hand, City of Palm Desert may require that the equipment be removed from the job site and replaced with a different piece of equipment.

3.5 Contractor shall provide personnel fully trained in all phases of emergency and storm preventative maintenance and repairs. Contractor shall provide personnel capable of effective verbal and written communication with City of Palm Desert representatives. If City of Palm Desert deems personnel to be inadequate to accomplish the task at hand, City of Palm Desert may require that the personnel be removed from the job site and replaced with personnel demonstrating the appropriate level of job knowledge, skills, and verbal communication to effectively accomplish the work.

3.6 Prior t o commencement of the contract, designated City of Palm Desert representative(s) and the Contractor will perform a mandatory acceptance walk- through inspection of the contract area.

3.7 All new equipment installations provided by the Contractor will include a oneyear warranty or better.

3.8 Contractor shall remove debris caused by all maintenance activities on the same working day that such debris is accumulated, unless otherwise agreed upon by the Contractor and City staff in advance.

3.9 Contractor is required to protect from damage as necessary, existing equipment that is not part of the maintenance services. Contractor will be responsible to replace or repair any equipment damaged by contractor, not related to the service, at Contractor’s expense and include a one-year warranty or better.

3.10 Contractor is responsible for cordoning off public areas during their course of work as to protect the public from harm. Contractor is to supply all safety equipment as needed to perform the scope of work, including but not limited to: signage, cones, partitions, plywood covers, etc.

3.11 Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all proposers must possess proper licenses for performance of the Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any proposal submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the proposal. The City shall have the right to request, and the proposers shall provide within five (5) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that proposer and each of the proposer’s subcontractors before awarding the Contract.

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Contract No. ___________
“Exhibit A”
72500.00001\32375220.1

4. MAINTENANCE PROJECTS
Maintenance projects will be determined based on the prioritized lists developed through the quarterly facility inspections. City of Palm Desert staff will inform the contractor when a maintenance project may be initiated.

4.1 No work will be initiated without an approved City of Palm Desert Work Order.

4.2 City of Palm Desert staff will hold a meeting with the Contractor to finalize the scope and cost of the project.

4.3 The Contractor will provide an estimated timeline for project milestones and completion.

5. PAYMENT
Maintenance service and materials not described in this scope of work will be needed periodically to satisfactorily maintain the City facilities. On such occasions, the following criteria will be followed:

5.1 All work shall be approved in writing on a City-issued extra work form by the Director of Public Works, or his designee, prior to ordering or commencing activities.

5.2 Contractor’s failure to obtain prior written authorization to order parts or to perform work shall constitute the City’s denial of payment for said work and parts. Upon Contractor’s submission of requests for work and/or parts the City reserves the right to reject quotations on each item, separately or as a whole.

5.3 State and local taxes as applicable, shipping/handling/freight on board charges, applied discounts, and labor estimates shall be shown separately. All materials will be paid at cost plus an allowable 15% markup. Labor will be paid based on the approved Price Sheet. Receipts are required to be submitted with approved invoice(s). Estimated dates for delivery and installation shall be noted.

5.4 In addition to the rates listed on the Price Sheet, Contractor shall submit a list of services provided and costs not listed in the Scope of Services or Price Sheets.

The City may negotiate costs, if needed, prior to approval of the Agreement.

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Contract No. ___________
Exhibit “B”
Revised 07-2023
BBK 72500.00001\32375220.1
EXHIBIT “B”

PLANS AND SPECIFICATIONS

RESERVED

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Contract No. ______________
Exhibit “C”
Revised 07-2023
BBK 72500.00001\32375220.1
EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with each approved Task Order under this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the approved Task Order Price.

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Contract No. ______________
Exhibit “D”
Revised 07-2023
BBK 72500.00001\32375220.1
EXHIBIT “D”
CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., 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 the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
[***INSERT CONTRACTOR NAME***]
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)

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Contract No. ________
Exhibit “E”
Revised 07-2023
BBK 72500.00001\32375220.1
EXHIBIT “E”

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

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

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:

DIR Registration Number:

DIR Registration Expiration: _________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:

1. Contractor shall maintain a current DIR registration for the duration of the project.

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

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor: ___________________
Signature:

Name and Title:

Dated:

1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”

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PER TASK ORDER PERFORMANCE BOND Contract No. ________ Task Order No. ________ Exhibit “F”
EXHIBIT “F”

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to ______________________, (hereinafter referred to as the “Contractor”) an agreement for Facilities Repairs and Improvements Project (hereinafter referred to as the “Project”).

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

NOW, THEREFORE, we, ___________________ the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the annual sum of ____________________________________, ($______________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

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

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

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:

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

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

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

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

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PER TASK ORDER PERFORMANCE BOND Contract No. ________ Task Order No. ________ Exhibit “F”
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By

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

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

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

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PER TASK ORDER PERFORMANCE BOND Contract No. ________ Task Order No. ________ Exhibit “F”
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

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

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PER TASK ORDER PERFORMANCE BOND Contract No. ________ Task Order No. ________ Exhibit “F”
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

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

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PER TASK ORDER PAYMENT BOND Contract No. __________ Task Order No. ________ Exhibit “F”

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed ___________, has awarded to __________ hereinafter designated as the “Principal,” a contract for the work described as follows:

Citywide Tropical Storm Hilary Maintenance and Repairs Project Project No. SDS00003 (the “Project”); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated ___________, (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal annual sum of __________________________ ($_____________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

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

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

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance,

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

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PER TASK ORDER PAYMENT BOND Contract No. __________ Task Order No. ________ Exhibit “F”
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

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

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PER TASK ORDER PAYMENT BOND Contract No. __________ Task Order No. ________ Exhibit “F”
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

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

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PER TASK ORDER PAYMENT BOND Contract No. __________ Task Order No. ________ Exhibit “F”
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-ofAttorney to local representatives of the bonding company must also be attached.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

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

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Contract No. __________________
Exhibit “G”
Revised 07-2023
BBK 72500.00001\32375220.1
EXHIBIT “G”

SAMPLE TASK ORDER FORM
Task Order No. __________
Agreement: SHORT FORM CONSTRUCTION CONTRACT
Contractor: ____________________
The Contractor is hereby authorized to perform the following work subject to the provisions of the Agreement identified above:

List any attachments:

Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: ____________, 20___
The undersigned Contractor hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all work specified above in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.

CITY OF PALM DESERT
____________________________________
Dated: Dated:

By: By:

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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: December 14, 2023
PREPARED BY: Lucero Leyva, Project Manager
Eric Ceja, Director of Economic Development
REQUEST: APPROVE AMENDMENT NO. 1 TO CONTRACT NO. C44740 WITH

PREST-VUKSIC-GREENWOOD ARCHITECTS (PVGA)
RECOMMENDATION:

1. Approve Amendment No. 1 to Contract No. C44740. with PVGA, extending term one additional year and in the amount of $165,000.

2. Authorize the Finance Direct to increase contingency to a total amount of $38,000.

3. Authorize the City Attorney to make any necessary, nonmonetary changes to the agreement.

4. Authorize the City Manager to review and approve written contract amendment requests, per Section 3.30.170 of the Palm Desert Municipal Code.

5. Authorize the City Manager to execute the amendment and documents necessary to effectuate the actions taken herewith
BACKGROUND/ANALYSIS:

Below is a timeline of approvals associated with this project and contract:
 October 28, 2021 – City Council awarded PVGA a $118,500 contract that included the design and entitlement phase of the Visitor Center project.  June 23, 2022 – City Council approved additional services be added to the contract with PVGA to include, construction drawings, CEQA Documentation, engineering services and other services associated with the final design and construction of the new visitor center. This brought PVGA’s contract total to $227,000.  January 26, 2023 – Staff requested and received approval to enter into a new contract with PVGA to complete the outstanding items outlined in the original agreement (Contract No. C42290) and to extend the contract timeline by one year, to October 2023.  The Discover Palm Desert Visitor Center was approved by the planning commission on July 17,2023, completing the entitlements phase for the project.

The current contract presumed that the civil engineer, landscape architect, and geotechnical engineer would be retained by the City. Per staff direction, these additional services along with other miscellaneous services have been retained and managed by PVGA which has created a shortfall in their contract. Additionally, reimbursement was approved with the contract, but an amount was not accounted for within the current contract amount.

As part of their deliverables, PVGA provided conceptual drawings and renditions of the new visitor center that were presented to City Council for approval. One of the major features of the building and site are the petal shade structures. These shade petals were originally presented as part of the conceptual art package for the building. However, to ensure that these elements

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City of Palm Desert
Approve Amendment No.1 to Contract No. C44740 with PVG

Page 2 of 3 ends

are installed along with the completion of the building, staff has requested that this work be included in the construction documents that would go out to bid. The shade structure design package is estimated to cost an additional $44,000.

In order to capture the additional services being provided by PVGA, staff is requesting the approval of Amendment No. 1 which would include the following:

Description Amount
Civil Engineer 62,400
Landscape Architect 38,000
Misc Services (Art Package, ADA, etc) 5,000
Petal Structure Package 44,000
Reimbursable 15,600
Total Amendment No. 1 $165,000
Additionally, staff is requesting an increase of the contract contingency to a cumulative amount not to exceed $38,000. Staff recommends the approval of Amendment No. 1 to Contract No.

C44740 with PVG. Staff considers the additional services listed above, specifically the petal structure package, essential to presenting the City Council with the most accurate information regarding the cost impact of this project.

Project Estimate
PVG architects submitted the construction documents for city plan check review in September 2023. Given the level of completeness of the construction documents, staff contracted with MAAS to create an updated construction cost analysis and schedule for this project. MAAS estimates approximately $10.4 million dollars for the construction of the current project design.

They also are assuming an estimated 14-month construction schedule with an additional 3 to 4 months to allow for the procurement of long lead items like the new building’s switchgear.

The table below depicts city staffs updated project budget with the updated construction costs:

Expenses Amount
Design $ 500,000.00
Construction $ 10,400,000.00
Construction Contingency $ 1,040,000.00
Inspections & Fees $ 520,000.00
FFE&OSE $ 312,000.00
Est. Project Total $ 12,772,000.00
Currently, the city’s budget for this project is $3 million dollars. With the new estimated construction costs of $10.4 million and the other estimated project expenses listed above totaling $12.8 million, this leaves an unfunded shortfall of approximately $9.8 million.

Visitor Service Location Options

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City of Palm Desert
Approve Amendment No.1 to Contract No. C44740 with PVG

Page 3 of 3 ends

Given the increase in the estimated project’s costs and budget shortfall, staff has gathered some options to continue to offer visitor services if the City Council opts to forgo the current Discover PD design. Below are various locations along with preliminary cost estimates and a listing of constraints and opportunities:

FINANCIAL IMPACT:

Funds for Amendment No.1 and the contingency increase, totaling $180,300, are available in Account No. 4514419-4400100 therefore there is no impact to the General Fund with this action.

The project in its entirety is currently projected to be unfunded by approximately $9.8 million.

Contract Amount ProposedIncrease Total
C44740 $227,000 $165,000 $392,000
Contingency $22,700 $15,300 $38,000
TOTAL $249,700 $180,300 $430,000
ATTACHMENTS:

1. Original Contract

2. Proposed Contract Amendment No. 1
Location Cost Constraints/Opportunities
Existing Space N/A * Established location, known to the public * No/limited financial investment
* No weekend/off-hour use
* Could be stopgap until other solutions identified
Henderson Building Depends on staffing
level and agreement
with PDCC
* Near former Visitor Services Location
* Joint Use/Operation with PDCC
* Modify lease and establish agreement with PDCC
* Potential weekend/off-hour use
Parkview Building Depnds on outfit of
existing suites
* Proximity to City Hall and Civic Center Campus
* Office building
* Future building improvements could interupt operations *Potential weekend/off-hour use
Commercial Core (San Pablo,
HWY 111, El Paseo $12 - $42 / SF/YR
* Expensive option
* Location and apperance important which will drive-up cost * TI Costs
* Weekend/off-hour use
Future Library Costs would be
included with any new
library operation
* Joint operation/use in a single building
* Same hours as library
* Similar operations as Library

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Contract No. C44740

CITY OF PALM DESERT

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 29th day of October 2022, 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 Prest Vuksic Greenwood Architects PVGA), a California Corporation with its principal place of business at 44-530 San Pablo, Suite 200, Palm Desert, California (" Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Project.

The City is apublic agency of the State of California andis in need of professional services for the following project:

Discover Palm Desert
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 tofully 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 October 29, 2022 to October 29, 2023, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates.

The Services shall beperformed 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

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

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

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

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

The key personnel for performance of this Agreement are as follows: John Vuksic, Principal and Nicole Williams, Project Architect.

3.2.5 City's Representative. The City hereby designates Eric Ceja, Director of Economic Development, 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 John Vuksic, Principal, 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 intheprofessional 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 ofthis 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 requiredby law. Consultant shall beliable 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, inan amount not less than $1,000,000 per occurrence, $2,000,000general 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.

F) Fidelity Coverage. Consultant shall provide evidence of fidelity coverage on a blanket fidelity bond or other acceptable form. Limits shall be no less than 50,000 per occurrence.

G) Cyber Liability Insurance. [Reserved]

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

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by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self - insurance shall be called upon to protect it as a named insured.

D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by 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

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arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies.

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

L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’ s insurance shall apply separately 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 andreview 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, thechange 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 beimplicated by theperformance 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

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laws, regulations, and ordinances listed in this Section is a violation of federal and state law.

Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies of this Section.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred and Twenty-Seven Thousand Dollars ($ 227,000) 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 thepayment 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 tofully 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 therequirements 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.

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3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $ 15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“ DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’ s sole responsibility to comply with 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, atleast seven (7) days beforetheeffective date of suchtermination. Upontermination, 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.

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3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon 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.

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: Prest Vuksic Greenwood Architects
44-530 San Pablo Ave Suite 200
Palm Desert, CA 92260
ATTN: John Vuksic, Principal
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: Eric Ceja, Director of Economic Development
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

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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.

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 solerisk. If City uses or reuses the Documents & Data onany 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 theperformance ofthis Agreement shall beheld 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

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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 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.

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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 toso 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 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 donot 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

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

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

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

SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT

AND PREST VUKSIC GREENWOOD ARCHITECTS
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF PALM DESERT
By:

L. Todd Hileman
City Manager
ATTEST:

By:

Anthony J. Mejia
City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

PREST VUKSIC GREENWOOD ARCHITECTS
By:

Its:

Printed
Name:

By:

Its:

Printed
Name:

QC: _____
Insurance:

Initial Review
Final Approval
MN
John Vuksic ( Mar 9, 2023 16: 20 PST)
John Vuksic
Principal
John Vuksic
John Vuksic ( Mar 21, 2023 18: 36 PDT)
John Vuksic
Principal
VuksicRobert Hargreaves ( Mar 22, 2023 07:46 PDT) John
Robert Hargreaves
Todd Hileman ( Mar 22, 2023 07:49 PDT)
Anthony Mejia ( Mar 22, 2023 10:30 PDT)
JB
JB

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Contract No. C44740
Exhibit “A”
EXHIBIT " A"

SCOPE OF SERVICES

1. ARCHITECT'S BASIC SERVICES AND

RESPONSIBILITIES

1. ENTITLEMENT PHASE

1.1 Coordinate and finalize formatting of Architectural Documents that are required in the City Architectural Review Application including: site plans, floor plan, elevations, roof plan, as well as, colored and rendered building elevations showing shadows & landscaping, and a colored 3D computer model of the facility.

1.2 Prepare color and materials board.

1.3 Prepare Photo-simulations, if approved by Owner. These would be prepared as an additional service.

1.4 Coordinate with Civil Engineer and Landscape Architect for their preliminary grading, drainage, and landscape drawings.

1.5 Review Entitlement Package for completeness as needed and submit all documents to City.

1.6 Attend meetings with City Staff, Architectural Review Commission, Planning Commission and City Council.

2. CONSTRUCTION DOCUMENT PHASE

2.1 The following documents will be provided for the purposes of obtaining a building permit:
a. Topographic Survey (Civil Engineer)
b. Grading and Drainage Plan (Civil Engineer)
c. Architectural Site Plan including ADA Path of Travel d. CalGreen Compliance Specs
e. Floor Plan, including both Shell and Tenant Improvements f. Enlarged Bathroom Plans and Details
g. Exterior Elevations
h. Building Sections

1. Wall Sections
J. Roof Plan
k. Reflected Ceiling Plan (at both interior and exterior) I. Enlarged Elevations, Sections, and Details
m. Door and Window Schedule
n. Door and Window Details
o. Foundation Plans and Details (Structural Engineer)
p. Framing Plans and Details (Structural Engineer)
q. Structural Calculations (Structural Engineer)
r. Site Lighting Plans
s. Photometric Plans
t. Title 24 Energy Calculations
u. Interior Elevations
v. Basic cabinet and counter top drawings and details
w. UC Equipment Specs (specs provided by Owner)

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Exhibit “A”
x. Floor Finish Plan including general flooring call outs such as ie: carpet, tile, etc. y. Interior Finish Schedule including general material call outs such as plastic laminate, ceramic tile, etc.
z. Door Hardware Schedule selections and specifications aa. Air Conditioning Plans and Specifications
bb. Plumbing Plans and Specifications
cc. Power Plans
dd. Building Lighting Plans and Specifications
ee. Landscape, Hardscape, Irrigation, and Landscape Lighting Plans (Landscape Architect)

2.2 Submit to the City of Palm Desert for plan check and address City comments as required for permit ready status.

2.3 The following Consultants would be retained by the Architect as part of the Architect's fee:

Structural Engineer, Mechanical Consultant, Electrical Engineer, Plumbing Consultant, Energy Consultant.

2.4 The following Consultants would be retained by the Owner separate from the Architect's fee: Geotechnical Engineer, Civil Engineer, Landscape Architect.

3. BIDDING ASSISTANCE PHASE

3.1 Upon completion of the Construction Document Phase, the Architect would provide assistance tothe Owner regarding bidding of the project by providing the following services:
a. Distribute plans and specifications
b. Answer questions from the Bidding Contractors.
c. Provide clarifications as required
d. Compare Bids for Owner review.

4. CONSTRUCTION ADMINISTRATION PHASE

4.1 During the construction of the project, the Architect would provide the following services:
a. Interpret plans and specifications as required
b. Observe construction for compliance with design
c. Review shop drawings and product submittals
d. Provide clarification drawings
e. Attend regular construction meetings at site
f. Perform regular site observations (may be after construction meeting). g. Process Progress Payment reviews with Owner/ and Contractor. h. Review change orders.

1. Manage and provide responses to Contractor' s requests for information ( RFis).

J. Provide a final punch list of items to be corrected.

5. ADDITIONAL SERVICES - The following would be deemed
additional services: If requested or required, these services would be performed on an hourly basis or for a negotiated fee separate from the Fixed Fees listed in this Agreement.

5.1 Perspective renderings or photo-simulations if requested by the City (Photo-simulations are not a City requirement but could be requested by the City). If so, these would be prepared at a cost of $1,850 each.

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Exhibit “A”

5.2 Any communication with neighboring property representatives and any information transfer with such parties and any work resulting from special needs conveyed by such communications.

5.3 Any assistance in the preparation of marketing materials.

5.4 Instructions given by the Owner, which are inconsistent with previous instructions or approvals resulting in additional work.

5.5 Any changes made by the Owner or value engineering studies after design is approved, including those done to reduce cost.

5.6 Special meetings with individual Architectural Review Commissioners, Planning Commissioners, or City Council people, and any changes to the design resulting from these meetings, if any.

5.7 Variance applications if required due to height limit encroachments, setback encroachments, parking shortages, or any deviations from local City ordinances or policies done with the Owner’s knowledge and any rework resulting from the denial of such requests.

5.8 Rework due to a denial or continuance of the project by the City, due to Owner dictated design.

5.9 Additional work that results from unforeseen conditions at the existing buildings or site.

Such conditions include, but are not limited to, existing utility lines that interfere with the approved building design, etc.

5.10 Additional work due to incorrect construction by the General Contractor or Subcontractors resulting in design and engineering revisions to remedy such occurrences.

5.11 If the existing parking lot, ADA parking spaces or existing walkways are deemed to be substandard and require ADA upgrades, this work would be performed as an additional service.

5.12 Any work regarding utility service upgrades beyond and including the utility connection point that services the building would be an additional service (i.e. upgrade to existing electrical transformer)

5.13 Telecommunication and Security Systems – this is typically done by the Vendors directly with the Owner or Tenant. Architect’s coordination with these vendors would be an additional service.

5.14 Interior Design Services such as design or selections of specific cabinet styles, finishes and hardware, interior paint colors, ceramic tiles, vct, stone tiles, countertops, etc., or fabrics, furniture, artwork, special wall papers, or accessories. PVG Interiors can provide such services as a supplement to this agreement.

5.15 This agreement is based on a 3,500 s.f. building; If the building increases from this size, the Architect’s fee would adjust proportionately.

5.16 As the Schematic Design has evolved, it has included the incorporation of several items that could be categorized as artwork, signage or a coffee kiosk.

Any design development, construction documents, or engineering for these items would be an additional service. “Artwork and signage” shall include, but is not limited to: The vertical sculpture that extends from the ground through the first opening in the roof, the hanging sculpture element suspended in the second roof opening, the flower pedal-like shade elements throughout the project, the butterfly sculpture, any murals or map prints, the “CV Link” signage, and the “Discover” signage. The “Coffee Kiosk” includes the container, screen wall, swings, and tenant improvements for a coffee shop tenant.

5.17 Any work not specifically listed as part of Architect’s Basic Services and Responsibilities.

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Exhibit “A”

6. Assumptions/Exclusions:

6.1 The Owner is to provide a detailed program to the Architect. This program is to list the rooms and spaces, sizes, important adjacencies, what is to be in each room or space this can be general or specific, depending on how specific the Owner’s needs are) and any important information/ equipment or finish specifications.

6.2 Fire Sprinkler Layout – this is typically done by the Fire Sprinkler Subcontractor as part of the Construction.

6.3 Truss Drawings – this is typically done by the Truss Company providing trusses for the construction.

6.4 Cabinet drawings beyond basic layouts. It is assumed that the cabinet maker will provide detailed shop drawings for review.

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Contract No. C44740
Exhibit “B”
EXHIBIT " B"

SCHEDULE OF SERVICES
The Schedule of Services will be dependent on the responsiveness of City staff, public participation, and the availability of funding.

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Contract No. C44740
Exhibit “C”
EXHIBIT " C"

COMPENSATION

REIMBURSABLE EXPENSES
Reimbursable Expenses are in addition to the Architect's compensation and include actual expenditures made by the Architect and Architect's employees in the interest of the Project for the expenses listed in the following subparagraphs. Reimbursable expenses will be billed at a multiple of 1.15 times the amount expended by the Architect, the Architect's employees and the Architect's consultants in the interest of the project.

5.1 Mileage related to the Project.

5.2 Fees paid in securing approvals of authorities having jurisdiction over the project.

5.3 Computer plotting and reproductions of drawings, specifications and other documents.

5.4 Expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect.

5.5 Site visits by Structural Engineer for inspections required by building department.

5.6 Any Consultants retained by the Architect beyond the ones listed as being retained by the Architect.

HOURLY RATE SCHEDULE

6.1 Any hourly services shall be performed for a flat hourly rate of $150/hr., plus reimbursable expenses:

6.2 Should the additional services of any Consultants be required; their services shall be billed on the basis of a multiple of 1.15 times the amount billed to the Architect.

BASIS FOR COMPENSATION

9.1 The Owner shall compensate the Architect for the services provided in accordance with Section III Payments to the Architect and the other Terms and Conditions of this Agreement.

9.2 FOR BASIC SERVICES, as described in Section II, compensation shall be computed as follows:

1. ENTITLEMENT PHASE $ 2,500 plus reimbursables
expenses

2. CONSTRUCTION DOCUMENT PHASE $ 166,500 plus reimbursables expenses

3. BIDDING ASSISTANCE PHASE $ 6,800 plus reimbursables
expenses

4. CONSTRUCTION ADMINISTRATION
PHASE
51,200 plus reimbursables
expenses
Please note that additional services, if needed, are listed in Exhibit A and would be billed separate from the fixed fees above.

Page 995 of 1057 ends

Page 996 of 1057 ends

Contract No. ___________

Page 1 of 3 ends

Revised 08-2023
BBK 72500.00001\32445060.1
AMENDMENT NO. 1 TO THE DISCOVER PALM DESERT BETWEEN THE CITY OF PALM

DESERT AND PREST VUKSIC GREENWOOD ARCHITECTS (PVGA)

1. Parties and Date.

This Amendment No. 1 to the made and entered into as of this 14th day of December, 2023, by and between the City of Palm Desert (“City”) and PREST VUKSIC GREENWOOD ARCHITECTS (PVGA), a Corporation, with its principal place of business at 44530 San Pablo, Suite 200, Palm Desert, California ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Recitals.

2.1 Agreement. The City and PVGA have entered into an agreement entitled “Discover Palm Desert” dated October 29, 2022 (“Agreement” or “Contract”) for the purpose of retaining the services of PVGA to provide PROFESSIONAL DESIGN SERVICES.

2.2 Amendment. The City and PVGA desire to amend the Agreement to REVISE THE SCOPE OF SERVICES, ADDITIONAL COMPENSATION, AND EXTEND THE TERM.

2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section

3.1 and 3.3 of the Agreement.

3. Terms.

3.1 Scope of Services and Term
Section 3.1.1 of the Agreement are hereby amended to read as follows:

The Additional Services are more particularly described in Exhibit “A” hereto and incorporated herein.

Section 3.1.2 of the Agreement are hereby amended to read as follows:

The term of this Agreement shall be from October 29, 2022 to October 29, 2024, unless earlier terminated as provided herein.

3.3 Fees and Payments
Section 3.3.1 of the Agreement is hereby amended to read as follows:

The total compensation shall not exceed Three Hundred and Ninety-Two Thousand Dollars ($392,000).

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

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that

Page 997 of 1057 ends

Contract No. ___________

Page 2 of 3 ends

Revised 08-2023
BBK 72500.00001\32445060.1
they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

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

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

Page 998 of 1057 ends

Contract No. ___________

Page 3 of 3 ends

Revised 08-2023
BBK 72500.00001\32445060.1
SIGNATURE PAGE FOR AMENDMENT NO. 1 TO DISCOVER PALM DESERT BETWEEN

THE CITY OF PALM DESERT

AND PVGA
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to the DISCOVER PALM DESERT as of the day and year first above written.

CITY OF PALM DESERT
By:

L. Todd Hileman
City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Best Best & Krieger LLP
City Attorney

PREST VUKSIC GREENWOOD
ARCHITECTS, a Corporation
By:

Its:

Printed Name:

By:

Its:

Printed Name:

QC: _____
Insurance:
_____
Initial Review
_____
Final Approval

Page 999 of 1057 ends

Page 1000 of 1057 ends

Exhibit “A”
Prest Vuksic Greenwood Architects: C44740
Amendment 1
Additional Services and Reimbursement
Description Amount
Civil Engineer 62,400
Landscape Architect 38,000
Misc Services (Art Package, ADA, etc) 5,000
Petal Structure Package 44,000
Reimbursable 15,600
Total Amendment No. 1 $165,000

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Page 1 of 5 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: December 14, 2023
PREPARED BY: Anthony J. Mejia, City Clerk
REQUEST: PALM DESERT REDISTRICTING 2023: PUBLIC HEARING #3

REGARDING REDISTRICTING OF CITY COUNCIL BOUNDARIES (TO
COMMENCE AT 4:30 P.M. OR SOON THEREAFTER)
RECOMMENDATION:

1. Conduct a public hearing to receive public input on district boundaries and sequencing of elections.

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

3. Provide direction on any adjustments to Focus Map 109 and the sequencing of elections.

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).

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City of Palm Desert
Public Hearing #4 – Palm Desert Redistricting 2023

Page 2 of 5 ends

District 1 was population adjusted following the 2020 Census and resulted in a majority/minority voting district, based on total population. Looking at citizen voting age population (which is data traditionally relied upon in voting rights context), District 1 is 45% Latino/Hispanic. However, the total of all non-white aka minority groups (including Latinx/Hispanic, Black, and Asian-American) in District 1 reaches a 51% majority. Upon review of the City’s voting age population data, preserving District 1 boundaries 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 Focus Map 109 and the sequence of elections. However, the City Council may discuss, consider, and act on one or more district map(s), including modifications of district boundaries, sequencing of elections, and such matters as may be related to the formation of City Council districts.

Focus Map 109, Demographer Submission
Map 109 (Attachment 1) was submitted by the City’s demographer based on a written public comment. Analysis indicates that the map exhibits a population deviation of 8.59%. 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.

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.

As suggested in a public comment letter, it is recommended that the City Council consider and provide direction on whether to adjust the numbering of districts as proposed in Map 109 to ensure that Districts 1, 2, and 3 are up for election in November 2024 and Districts 4 and 5 in November 2026.

City staff has prepared Map 109 Renumbered (Attachment 2) to reflect the recommended changes.

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

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City of Palm Desert
Public Hearing #4 – Palm Desert Redistricting 2023

Page 3 of 5 ends

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.

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/.

Page 1005 of 1057 ends

City of Palm Desert
Public Hearing #4 – Palm Desert Redistricting 2023

Page 4 of 5 ends

Public Hearings #3
On November 16, 2023, at 4:30 p.m., the City Council conducted a 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 comments are posted on the City’s redistricting webpage, under the schedule tab: https://redistrictpd.org/.

Following the meeting and at the community workshops, there were questions from residents regarding the City Council’s authority to select a single focus map rather than staff’s recommendation to select 2-3 focus maps. Based on experience, City staff recommended a process which allows the City Council to narrow down the number of map options until a final map is adopted. However, it is within the City Council prerogative to accept staff’s recommendation or to select an alternative action. In this case, the City Council has the authority to select a single focus map, rather than the staff’s recommended action of 2-3 focus maps.

Community Workshops #2 & #3
On November 29, 2023, at 6 p.m., the City conducted Redistricting Community Workshop #2 at the Palm Desert iHub attended by 15 people. On December 6, 2023, at 6 p.m., the City conducted Redistricting Community Workshop #3 at the City Hall, Administrative Conference Room, attended by 24 people. At both workshops, the City’s demographer and City staff facilitated a brief presentation, question-and-answer period, and solicited community feedback.

In summary, at both workshops the public comments centered around the attendees’ disappointment that the City Council did not select more than one focus map and requested that the City Council reconsider Map 102 as a focus map. It was further asserted that the City Council decision to select a single focus map was dependent upon the demographer’s response that she could not find a solution in which Map 102 could be adjusted in a manner that did not split at least one HOA or gated community. As noted in a written public comment, after the November 16, 2023, Public Hearing, it was discovered by a member of the public that Map 102 could be population balanced and avoid splitting any HOA or gated communities by moving the Hidden Palms Community into District 3 and moving the properties on Country Club Drive between Portola Avenue, Cook Street, and Hovley Lane (Marriot properties and Silver Sands Raquet Club) into District 5. City staff informed the public that it cannot bring forward “Map 102c” as the deadline for new map submissions has passed and the City Council already took action to select Focus Map 109. However, if desired, the City Council may bring forward “Map 102c” as an additional focus map for consideration at the final scheduled Public Hearing on January 11, 2024.

Furthermore, at both workshops, members of the public raised concern and objected to Map 109, citing that it splits the following communities of interest in two districts:
 Residents north of Country Club Drive have shared issues related to development growth, traffic, wind, and blow sand.
 Students and taxpayers north of Frank Sinatra Drive are within the Palm Springs Unified School District (PSUSD). Further noting that the City’s financial support of Desert Sands Unified School District does not benefit students attending PSUSD.  Residents north of Country Club Drive are a younger demographic with shared interests.

Page 1006 of 1057 ends

City of Palm Desert
Public Hearing #4 – Palm Desert Redistricting 2023

Page 5 of 5 ends

Additionally, those opposing Map 109 expressed concern that the two northern districts extend too far south (as far south as Fred Waring Drive), and this dilutes northern residents’ vote. They state that the northern and southern areas differ greatly, and historically more City funds are expended in the south; therefore, to ensure the northern area has fair representation on City Council, the northern area should not be placed in districts that also include southern areas.

During the workshops, straw polls were conducted to gauge attendees’ sentiments as follows:

Workshop #2:
 2 of the 15 attendees favored Map 109 because it was the only option that did not split the Hidden Palms Community.
 14 of the 15 attendees opposed the City Council’s decision to select one Focus Map.  14 of the 15 attendees supported a request to the City Council to include “Map 102c” as an additional focus map.

Workshop #3:
 14 of the 24 attendees supported Map 109 as presented.  9 of the 24 attendees supported a request to the City Council to include “Map 102c” as an additional focus map.

In support of Map 109, one individual commented that Map 109 attempts to address future population growth in an effort to reduce the number of changes to the district boundaries following the 2030 Census; this may result in fewer voters being shifted from one district to another and potentially into a new election cycle. Another individual submitted a written comment indicating that Map 109 bridges the northern and mid-city areas, hopefully mitigating damage done by the fractionalizing of the City via redistricting; and that Map 109 does an adequate job of addressing future population growth to minimize disruptions after the 2030 Census.

The workshop #2 audio was posted to the redistricting website, under the schedule tab:
https://redistrictpd.org/. Unfortunately, City staff inadvertently did not record Workshop #3 via Zoom.

Next Steps
The fifth and final scheduled public hearing will be held on January 11, 2024, at 4:30 p.m. At that time, the City Council will be requested to adopt a final map and introduce an ordinance enacting five single member districts.

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

FINANCIAL IMPACT:

There is no fiscal impact associated with this action.

ATTACHMENTS:

1. Focus Map 109

2. Focus Map 109 Renumbered (Sequence of Elections)

3. Residential Development Map, dated June 2023

4. Presentation

5. Written Public Comment

Page 1007 of 1057 ends

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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

Page 1009 of 1057 ends

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

Page 1010 of 1057 ends

Page 1011 of 1057 ends

Map 109 renumbered
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 10,390
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%
1%
79%
5%
3,781
9%
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%
4 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%
1%
81%
2%
4,106
12%
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%
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%
1%
86%
2%
4,654
7%
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%
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%
12/06/2023 8:14 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

Page 1012 of 1057 ends

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

Page 1013 of 1057 ends

Page 1014 of 1057 ends

Palm Desert Redistricting 2023
Public Hearing #4
December 14, 2023

Page 1015 of 1057 ends

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

Page 1016 of 1057 ends

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.

November 29, December 6, at 6 p.m., Community Workshops #2 & #3 (Held at iHub and City Hall)

Page 1017 of 1057 ends

Purpose of this Public Hearing
To hear from the community and City Council on any desired modifications to Focus Map 109 and the sequence of elections.

The City Council may discuss, consider, and act on one or more district map(s), including modifications of district boundaries, sequencing of elections, and such matters as may be related to the formation of City Council districts.

Page 1018 of 1057 ends

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

Page 1019 of 1057 ends

E
xisting
Two-District
Map

Page 1020 of 1057 ends

Focus Map 109

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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.

By balancing future population growth in the northern area there may be fewer boundary adjustments following the
2030 Census. The desired outcome is to reduce the number of voters being shifted from one district to another and possibly changing their election cycle.

Page 1022 of 1057 ends

Focus Map 109 Renumbered - Sequence of Elections

Page 1023 of 1057 ends

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

Page 1024 of 1057 ends

Feedback at Community Workshops #2 & #3
Public Comments Conveyed:

Disappointment that the City Council did not select more than one focus map.

Felt the City Council’s decision was based on the demographer’s response that she could not find a solution to Map 102 that does not result in a split HOA or gated community.

The City Council should bring forward “Map 102c” as an additional focus map.

Map 109 splits the following communities of interest in two districts:

Residents north of Country Club with shared issues related to development growth, traffic, wind, and blow sand.

Students and taxpayers north of Frank Sinatra are within the Palm Spring USD.

Residents north of Country Club are a younger demographic with shared interests.

The two northern districts extend too far south and this dilutes northern residents’ vote.

Northern and southern areas differ greatly, and historically more City funds are expended in the south.

Page 1025 of 1057 ends

Feedback at Community Workshops #2 & #3
Public Comments Conveyed:

Map 109 attempts to address future population growth in an effort to reduce the number of changes to the district boundaries following the 2023 Census.

Map 109 bridges the northern and mid-city areas; hopefully mitigating damage done by the fractionalizing of the City via redistricting.

Map 109 does an adequate job of addressing future population growth.

Page 1026 of 1057 ends

Upcoming Meetings & Important Dates
January 11, 2024, at 4:30 p.m., Public Hearing #5
Request the City Council adopt a final map
Introduce an ordinance enacting five single
member districts
(Location: Council Chamber and via Zoom)
For the full schedule, visit:
https://redistrictpd.org/

Page 1027 of 1057 ends

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
Are there any modifications that should be made to Focus Map 109? Is the proposed sequence of elections as proposed in “Focus Map 109 - Renumbered” acceptable?

Page 1028 of 1057 ends

November 29, 2023
Mr. Anthony Mejia
City Clerk
City of Palm Desert
73-510 Fred Waring Dr
Palm Desert, CA 92260
Re: Map 102B with modifications (e.g. Map 102c)
Mr. Mejia:

After you announced the decision of the city council to introduce a singular map (i.e. Map 109) to the public as the “focus map” I was shocked to witness the AD-HOC decision to amend the publicized process to advance 2-3 maps1, only to advance a singular Map 109, which ironically received the most opposition from the public.

At the request of the Mayor, I have sat with the proposed decision and gave it deep and careful reflection. During that process I further reviewed all maps and the census blocks. I found Map 102b with minor adjustments to be the best option. The adjustments are as follows: placing Hidden Palms HOA (as a whole) within District 3, removing it from District

2. To balance that move add the block that includes JW Marriott, Marriott Desert Springs Villas, and Porto del Sol into District 5 (see next page). As a result, I called you on Friday, November 16 and requested a review of these changes to determine if they were viable. I received a response from you on Tuesday, November 21 confirming the changes would result in a population balanced map, in addition to addressing the majority opinion of the council which will not split ANY HOA’s and/or neighborhoods, and more importantly only has 8% population deviation2.

The comments made by Mayor Kelly and Councilwoman Harnick to use the Mid-Valley Channel as a key item to identify a community of interest is important, but I’d like to offer an alternative position. The mid-valley channel is a major piece of infrastructure for Palm Desert and many other desert cities as multi-jurisdictional portion the valley’s infrastructure but it’s not unique to Palm Desert. The most important and tangible example of a community of interest and one that binds everyone together are Palm Desert’s young citizens. All young residents North of Frank Sinatra per the Palm Springs 1 https://redistrictpd.org/wp-content/uploads/2023/11/PH3-Redistricting-11-16-2023.pdf 2 Confirmed by demographer via City Clerk

Page 1029 of 1057 ends

Unified School District School Boundaries3 attend PSUSD schools which differ than most of their peers in the city. Our children, the young citizens of The City of Palm Desert should be the highest priority to show a community of interest. What else would be more important to define a community of interest?
Therefore, I respectfully request this letter be added to the public record. I’ll also send a separate request to the City Council directly advising of the recent development about the alternative map and requesting the modified map (e.g. Map 102c) to be added as an additional focus map and more importantly as a confirmed viable option to allow the public to offer comment on which already has significant public support.

Regards,
Stephen Nelson
Block to add to District 5 on Map 102c: Add Blue Section to District 3 on Map102c:

Map of PSUSD Palm Desert Boundaries
3 https://www.myschoollocation.com/palmspringsusd/

Page 1030 of 1057 ends

Page 1031 of 1057 ends

From:

To: CityClerk
Subject: Redistricting
Date: Monday, December 4, 2023 8:56:41 PM
Please vote for map 102!
Thank you,
Roberta Kay,
Palm Desert
Sent from my iPad

Page 1032 of 1057 ends

From:

To: CouncilMeeting Comments
Cc: CityClerk
Subject: Vote "Yes" on Map 109
Date: Wednesday, December 6, 2023 4:03:48 PM
I am a long-time, year-round resident of Palm Desert, CA. I am writing to request that you vote for Map 109 for redistricting of Palm Desert at your next meeting on Dec. 16, 2023. As a resident of Palm Desert Greens, I am advocating for Map 109 as it was prepared and analyzed by the City Demographer and is based on population growth projected statistics. Map 109 is the most balanced and fair redistricting proposal.

I would like to request the Palm Desert City Clerk to place my name and email address on the permanent list for emails about city news and redistricting news.

Thank you.

Dr. Jo Anne Grunow
Palm Desert, CA. 92260
Cell:

Page 1033 of 1057 ends

1 Anthony Mejia
Subject: RE: Redistricting
From: Donna McIntosh
Sent: Wednesday, December 6, 2023 2:38 PM
To: CouncilMeeting Comments <[email protected]> Subject: Redistricting
I'm letting you know I support and vote for Map 109. Thank you Donna McIntosh I'm letting you know I support and vote for Map 109.

Thank you
Donna McIntosh

Page 1034 of 1057 ends

1 Anthony Mejia
Subject: RE: Yes on Map 109
‐‐‐‐‐Original Message‐‐‐‐‐
From: Doris Stephens
Sent: Wednesday, December 6, 2023 2:41 PM
To: CouncilMeeting Comments <[email protected]> Subject: Yes on Map 109
Dear Palm Desert Council:

Please add my support for Map 109. It makes the most sense. To split communities is not the way to go.

Best regards,
Doris Stephens

Palm Desert, CA 92260
Sent from my iPad

Page 1035 of 1057 ends

1 Anthony Mejia
Subject: RE: Yes on Map 109"
From: Martha McCool
Sent: Wednesday, December 6, 2023 2:58 PM
To: CouncilMeeting Comments <[email protected]> Subject: Yes on Map 109"
Importance: High
Yes on Ma p 109 ”Martha McCool & Ke nneth M cCool
Yes on Map 109”
Martha McCool & Kenneth McCool

Page 1036 of 1057 ends

1 Anthony Mejia
Subject: RE: Yes on Map 109
From: Craig Otte
Sent: Wednesday, December 6, 2023 2:37 PM
To: CouncilMeeting Comments <[email protected]> Subject: Yes on Map 109
To whom it may concer n:Although I don't think the city of Palm D esert should be split up at all, the compromise would be to strongly consi der Map 10 9. City Councilw oma n Quintanilla should not hol d a government leader ship position and will hopefully be removed in the next elec To whom it may concern:

Although I don't think the city of Palm Desert should be split up at all, the compromise would be to strongly consider Map 109. City Councilwoman Quintanilla should not hold a government leadership position and will hopefully be removed in the next election. She has done nothing but create havoc since she has been in "office"
A concerned citizen,
Craig Otte

Page 1037 of 1057 ends

1 Anthony Mejia
Subject: RE: YES on Map 109
From: Bob Mazur
Sent: Wednesday, December 6, 2023 2:09 PM
To: CouncilMeeting Comments <[email protected]> Subject: YES on Map 109
Dear Council Me mber s:Your propose d ma p is fair and makes the most sense i f we have to move to 5 distri cts. It logically de fines North Pal m Desert as two di stricts with community of interest: older, more esta blishe d neighborhoods in sa me district and placi ng the newer developments Dear Council Members:

Your proposed map is fair and makes the most sense if we have to move to 5 districts. It logically defines North Palm Desert as two districts with community of interest: older, more established neighborhoods in same district and placing the newer developments with largely new residents in another district.

Your proposed Map 109 is actually brilliant.

The alternative plans are not well thought out, not logical, and would divide neighborhoods with shared interests.

Thank you for your consideration.

Robert and Lisa Mazur
Vicinity of Country Club & Monterey Avenues
Sent from AT&T Yahoo Mail on Android

Page 1038 of 1057 ends

1 Anthony Mejia
Subject: RE: Map 109
-----Original Message-----
From: Kathy Paxton
Sent: Wednesday, December 6, 2023 1:06 PM
To: CouncilMeeting Comments <[email protected]> Subject: Map 109
Please approve map 109 for redistricting of the City of Palm Desert.

Thank you
Kathy Paxton
Sent from my iPhone

Page 1039 of 1057 ends

1 Anthony Mejia
Subject: RE: districting new plans !!!
From:

Sent: Wednesday, December 6, 2023 1:04 PM
To: CouncilMeeting Comments <[email protected]> Subject: districting new plans !!!
after looking over pla ns---PLEASE consider # 109 . That particular one se ems very fair and a good choice for voters in Palm De sert. Thank -you, Claire J. Price after looking over plans---PLEASE consider # 109. That particular one seems very fair and a good choice for voters in Palm Desert. Thank-you, Claire J. Price

Page 1040 of 1057 ends

1 Anthony Mejia
Subject: RE: Vote map 109
From: Mike Morsch
Sent: Wednesday, December 6, 2023 12:43 PM
To: CouncilMeeting Comments <[email protected]> Subject: Vote map 109
Redistricting the city of Pal m Desert was for me a very diddi cult process as I prefer 5 at large city council me mbers to represent us rather tha n one for ea ch di strict.I did submit a map a nd after review of the other maps I have evaluated map # 10 9 over mi ne to be more inclusive Redistricting the city of Palm Desert was for me a very difficult process as I prefer 5 at large city council members to represent us rather than one for each district.

I did submit a map and after review of the other maps I have evaluated map # 109 over mine to be more inclusive to the future needs of possibly redrawing districts again in a few years due to the population growth in the north end of the city down the road after the next census takes place.

I encourage the City Council and residents to adopt map 109 for the betterment of Palm Desert.

Thank You,
Mike Morsch
Palm Desert Greens
Republican Club
President
Sent from Mail for Windows

Page 1041 of 1057 ends

1 Anthony Mejia
Subject: RE: Adopting a Redistricting Map
From: Ruth Hill
Sent: Wednesday, December 6, 2023 12:24 PM
To: CouncilMeeting Comments <[email protected]> Subject: Adopting a Redistricting Map
Dear Council men,T his is to register my support for a dvancing Ma p 109 for re districting. The suggestion to split an H OA community in hal f is una cceptable.It fosters disse nsion in the H OA community and i nsults Pal m Desert council men a ndresidents who want a fair and e quitable distric Dear Councilmen,
This is to register my support for advancing Map 109 for redistricting.

The suggestion to split an HOA community in half is unacceptable. It fosters dissension in the HOA community and insults Palm Desert councilmen and residents who want a fair and equitable district line.

I am also against Map 102 which does not split the HOA community.

Thank you in advance for your consideration and adoption of Map 109 for redistricting.
--
Ruth A Hill RN BSN MAT CHPN
Palm Desert, CA 92260
.

Page 1042 of 1057 ends

1 Anthony Mejia
Subject: RE: Palm Desert Redistricting
-----Original Message-----
From: Brenda Campbell
Sent: Wednesday, December 6, 2023 11:54 AM
To: CouncilMeeting Comments <[email protected]> Subject: Palm Desert Redistricting
YES on Map 109. This map makes the most sense.

Brenda Campbell

Page 1043 of 1057 ends

1 Anthony Mejia
Subject: RE: Map 109
From: Linda Steward
Sent: Wednesday, December 6, 2023 11:41 AM
To: CouncilMeeting Comments <[email protected]> Subject: Map 109
Yes, on 1 09!!!
Yes, on 109!!!

Page 1044 of 1057 ends

Page 1045 of 1057 ends

Page 1046 of 1057 ends

Page 1047 of 1057 ends

Page 1048 of 1057 ends

Page 1049 of 1057 ends

1 Anthony Mejia
Subject: RE: "Yes on Map 109"
From: Loretta Larson
Sent: Wednesday, December 6, 2023 4:59 PM
To: CouncilMeeting Comments <[email protected]> Subject: "Yes on Map 109"
"Yes on Ma p 109 "Sent fr om Ya hoo Mail for iPhone
"Yes on Map 109"
Sent from Yahoo Mail for iPhone

Page 1050 of 1057 ends

1 Anthony Mejia
From: Stephen Nelson
Sent: Thursday, December 7, 2023 1:14 AM
To: CityClerk
Subject: Public Comments - Summary of Public Hearings to date Attachments: Scan 2.pdf; We sent you safe versions of your files Importance: High
Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files.

Anthony-Please e nter the following comme nt into the record for the city council upcoming meeting next week.Honora ble Mayor Kathlee n Kelley and City Council,I write this letter to you after attending 2 public hearings a fter you pres cribe d to advance one ma p (i.e. 1 09). Y ou will le To help
protect your
privacy,
Micro so ft
Office
prevented
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AnthonyPlease enter the following comment into the record for the city council upcoming meeting next week.

Honorable Mayor Kathleen Kelley and City Council,
I write this letter to you after attending 2 public hearings after you prescribed to advance one map (i.e. 109). You will learn that you were provided incorrect information as it relates to the possibility of other maps which could be viable WITHOUT seperating a community of interest, neighborhood, or HOA. After working through the maps in detail, I found the solution where it meets your requirements for the state of california. I ask that you have a representation of Map 102c to display so the public can see it during the public hearing before any further action is taken. As such, for the avoidance of any doubt and to prevent any additional views of impropriety related to the information received from your demographer and the councils decision to only advance 1 map in lieu of 2-3 maps as stated in your publicized milestone document.

To address the future growth matter, and the document showing approved/in-construction status. It would be helpful to provide to the public an estimated construction start and end date to place these projects in to further context so the public has some indication as to when the proposed increase in population might occur. To do it any other way is disingenuous and lends itself to incorrect assumptions. I think you’ll find we will be very much well within the acceptable period of redistricting for 2030, which is perfectly acceptable to adjust districts small or large and that change should be left up to a future council and the north district residents to determine what is best for that area at the time its needed.

To do anything more at this time is an overreach by this council and should be left to a future council that will be within an acceptable range of time to make a more substantive and informed decision based on reasonable assumptions about future growth.

Stephen Nelson
-Palm Desert Resident -(Northern Sphere)

Page 1051 of 1057 ends

Page 1052 of 1057 ends

1 Anthony Mejia
Subject: RE: Redistrict Map for Palm Desert
From: Jackie Curtis
Sent: Wednesday, December 6, 2023 7:59 PM
To: CityClerk <[email protected]>
Subject: Redistrict Map for Palm Desert
I am a citizen of Palm Desert. I attended the workshop on No vember 29. I wanted to make sure that my community, Hidden Palms, was not divided. I was told that the council voted for Map 1 09 and it did not d ivide Hidden Palms. An other map, Map 102 (c) was discussed and I was told t I am a citizen of Palm Desert. I attended the workshop on November 29. I wanted to make sure that my community, Hidden Palms, was not divided. I was told that the council voted for Map 109 and it did not divide Hidden Palms. Another map, Map 102 (c) was discussed and I was told that it did not divide Hidden Palms. After attending the workshop on December 6, I want to say that the moderator, Anthony Mejia, did an excellent job of explaining the maps and how the districts were formed. I support the council’s decision for Map 109.

Sent from Mail for Windows

Page 1053 of 1057 ends

1 Anthony Mejia
From: Gregg Akkerman
Sent: Thursday, December 7, 2023 11:35 AM
To: CityClerk
Subject: Comments for 12/14 Council meeting on redistricting To help
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privacy,
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Dear Council Members,
After attending both the November 19 and December 6 redistricting workshops, I find myself in league with many in attendance who would prefer to have more than one “focus” map to consider.

In my opinion, the current focus map, 109, is problematic for several reasons according to the California Voting Rights Act.

First, thousands of people living in a community of interest being the Palm Springs Unified School District north of Frank Sinatra Drive will be split apart.

Second, thousands of people living in the community of interest being the north of Palm Desert will have their voices diluted by being split into two districts and blended with residents located far to the south of them who don’t necessarily share the same living experience.

And last, the proposed district in the southeast ignores the requirement of compactness with a visually obvious sprawl that raises the specter of gerrymandering.

Previously, Council Members asked the demographer if any of the eligible maps besides 109 avoided breaking a gated community and were told no. Another question asked if it was plausible to reverse that problem specifically found on map 102b and again the answer was no.

This assessment proved to be incorrect when Stephen Nelson, a resident of Palm Desert, suggested a revision to map 102b and, according to the City Clerk, that modified map, which I will refer to as 102c, would indeed offer a fully compliant alternative to map 109.

Map 102c, as discussed at the redistricting sessions, does not split any gated communities, does not split the school district, does not break the community of interest in the north end of the city, and does not ignore compactness.

The City Clerk mentioned at a public session that map 102 possibly ignores future growth which might delay by two years the ability for some residents to vote for city council due to potential population balancing after the 2030 census.

To his comment I ask, “How many people will be thrown into voting confusion if we adopt districts that can’t withstand a CVRA lawsuit and a judge orders the city to redraw the map at taxpayer expense?” I think the city has spent enough money on patch-work redistricting solutions and this time we need to get it right.

To conclude, since hypothetical map 102c seems compliant with the California Voting Rights Act and now avoids splitting a gated community, I am asking the Council to request a formal rendering of that map and present it to the residents of Palm Desert as a second focus maps.

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

Page 1054 of 1057 ends

1 Anthony Mejia
From: Michelle Martin
Sent: Thursday, December 7, 2023 10:55 AM
To: Anthony Mejia
Subject: Re: Sun City PD not represented?
To help
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privacy,
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Internet.

Sorry one more thing… as a resident of PD, for the record, I do strongly share the sentiment that the Council should very much re-consider, SERIOUSLY, the 102c (or was it 103? I can’t remember the number now), which very much appears to resolve ALL the residents concerns. Much more so than 109.

I do also share the frustration expressed, about the council narrowing down their focus to one map, before actually having all the pertinent info available. Seems quite dismissive of residents concerns.

Michelle Martin
Mobile Notary | Loan Signing Agent
*Sent from my iPhone*
On Dec 7, 2023, at 9:15 AM, Anthony Mejia <[email protected]> wrote:

Ms. Martin:

As I noted at the meeting last night, Sun City is located outside of the City limits and is an unincorporated area of Riverside County. Please let me know if you have any questions.

.
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Anthony Mejia
City Clerk
760.776.6304
[email protected] | www.palmdesert.gov
73510 Fred Waring Drive, Palm Desert, CA,
92260
<engagepalmdeserte-sig_4155bf6e-1603-4999-b20b-74e732700e43.png> -----Original Message-----
From: Mmichelle.mmartin
Sent: Wednesday, December 6, 2023 6:19 PM
To: CityClerk <[email protected]>
Subject: Sun City PD not represented?
I submitted a question weeks ago on the website.

Sun City Palm Desert is in Palm Desert, and has 5,000 homes in it. Why am I not seeing Sun City represented on any of the redistricting maps??

Page 1055 of 1057 ends

2 I would appreciate a response, please.

Michelle Martin
Sent from my iPad

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Page 1 of 1 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: December 14, 2023
PREPARED BY: Eric Ceja, Director of Economic Development REQUEST: SECOND AMENDMENT TO DEVELOPMENT AGREEMENT 98-1

BETWEEN THE CITY OF PALM DESERT AND MARRIOT OWNERSHIP
RESORTS, INC. – CONTINUE PUBLIC HEARING TO A DATE

UNCERTAIN
RECOMMENDATION:

Continue the public hearing regarding a second amendment to Development Agreement 98-1 between the City of Palm Desert and Marriott Ownership Resorts, Inc., to a date uncertain.

BACKGROUND/ANALYSIS:

A public hearing notice was published for the consideration of the second amendment to Development Agreement 98-1 for the November 16, 2023, City Council meeting. At that meeting, staff requested a continuance of the item to the December 14, 2023, meeting; however, staff will need to take this matter back to the Planning Commission prior to City Council consideration.

Staff is recommending that the City Council remove this item from the agenda.

A Planning Commission hearing date is scheduled for December 19, 2023, and a new public hearing notice will be issued for a City Council meeting in January pending approval of a recommendation by the Planning Commission.

Legal Review:

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

FINANCIAL IMPACT:

There is no fiscal impact to removing this item from the agenda.

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Palm Desert City CouncilDecember 14, 2023

Palm Desert City Council
December 14, 2023