EVALUATION TABULATION
RFP No. 2023-RFP-225
Architectural Design Services - Conceptual Design of Municipal Library
EVALUATION TABULATION
Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library
Evaluator 5: -
Evaluator 6: 4
Good Library experience
Evaluator 7: 2
Not a lot of direct connections to relevant experience.
Evaluator 8: 3
No Desert exp.
Comments by References | 0-5 Points | 5 Points (5%)
Evaluator 1: -
Evaluator 2: -
Evaluator 3: 4
Fine
Evaluator 4: 4
See rating
Evaluator 5: -
Evaluator 6: 5
Haven't spoken to references.
Evaluator 7: 3
References were adequate
Evaluator 8: 5
Acceptable
Fee Proposal | 0-5 Points | 5 Points (5%)
Evaluator 1: -
EVALUATION TABULATION
RFP No. 2023-RFP-225
Architectural Design Services - Conceptual Design of Municipal Library
EVALUATION TABULATION
Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library
Evaluator 2: -
Evaluator 3: 3
$420k+
Evaluator 4: 3
See rating
Evaluator 5: -
Evaluator 6: 2
Fee: $427,770 (incl. $19,400 reimb.) Missing scope of work. Travel is reimbursable expense. San Diego & Seattle offices.
Evaluator 7: 3
Reasonable, yet may be missing some requirements.
Evaluator 8: 3
Middle road fee
TSK Architects
Clarity and conformance of proposal to the RFP | 0-5 Points | 10 Points (10%) Evaluator 1: -
Evaluator 2: -
Evaluator 3: 4
Conformed
Evaluator 4: 3
See rating
Evaluator 5: -
Evaluator 6: 5
EVALUATION TABULATION
RFP No. 2023-RFP-225
Architectural Design Services - Conceptual Design of Municipal Library
EVALUATION TABULATION
Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library
No comments.
Evaluator 7: 3
Very generic submission
Evaluator 8: 1
Not clear
Content of the proposal, including work plan | 0-5 Points | 25 Points (25%) Evaluator 1: -
Evaluator 2: -
Evaluator 3: 3
short timeline - will we get what we need, plus no schematic proposal Evaluator 4: 3
See rating
Evaluator 5: -
Evaluator 6: 3
Missing SD scope of work.
Evaluator 7: 2
No strong examples
Evaluator 8: 2
Cookie Cutter
Firm experience and performance | 0-5 Points | 35 Points (35%) Evaluator 1: -
Evaluator 2: -
EVALUATION TABULATION
RFP No. 2023-RFP-225
Architectural Design Services - Conceptual Design of Municipal Library
EVALUATION TABULATION
Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library
Evaluator 3: 3
ok
Evaluator 4: 2
See rating
Evaluator 5: -
Evaluator 6: 2
Very little Library experience.
Evaluator 7: 1
Minimal municipal library experience.
Evaluator 8: 2
Limited. Subs have lib. Not principals
Team members' experience and performance | 0-5 Points | 20 Points (20%) Evaluator 1: -
Evaluator 2: -
Evaluator 3: 4
Good Experience
Evaluator 4: 2
See rating
Evaluator 5: -
Evaluator 6: 2
Very little Library experience.
Evaluator 7: 2
Consultants show reasonable experience, but not the core team.
EVALUATION TABULATION
RFP No. 2023-RFP-225
Architectural Design Services - Conceptual Design of Municipal Library
EVALUATION TABULATION
Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library
Evaluator 8: 2
Little lib. exp. No desert exp.
Comments by References | 0-5 Points | 5 Points (5%)
Evaluator 1: -
Evaluator 2: -
Evaluator 3: 4
Fine.
Evaluator 4: 4
See rating
Evaluator 5: -
Evaluator 6: 5
Haven't spoken to references.
Evaluator 7: 1
Minimal relevant examples.
Evaluator 8: 5
Acceptable
Fee Proposal | 0-5 Points | 5 Points (5%)
Evaluator 1: -
Evaluator 2: -
Evaluator 3: 3
$210k schematic design missing?
Evaluator 4: 3
See rating
EVALUATION TABULATION
RFP No. 2023-RFP-225
Architectural Design Services - Conceptual Design of Municipal Library
EVALUATION TABULATION
Request For Proposal - Architectural Design Services - Conceptual Design of Municipal Library
Evaluator 5: -
Evaluator 6: 3
Fee: $210,000 (incl. $10,000 reimb.) Missing scope of work. Travel is reimbursable expense. L.A. office.
Evaluator 7: 3
Seems to be missing elements.
Evaluator 8: 5
Low Fee
Architect
Location
*All firms identified Travel
costs as reimbursable Fee Schedule
RFP Evaluation
(1-100)
Interview
(1-40) Comments
Richard Kennedy Architects Phoenix, AZ $499,865 (incl. $0 reimb.) 7 months 95.8 35.1Johnson Favaro Culver City, CA $813,800 (incl. $0 reimb.) 6 months 93.8 31.3MSR Design Minneapolis, MN $747,900 (incl. $30,000 reimb.) 8 months 90.8 30.6Gensler Los Angeles, CA $779,160 (incl. $12,000 reimb.) 7 months 88.4 25.7 Teaming w/ Margaret Sullivan Studios LPA, Inc. Irvine, CA $295,000 (incl. $0 reimb.) 4 months 83.4 24 Programming scope not included in proposal New Library Facility
Architect Selection Summary - Conceptual Design Services
CITY OF PALM DESERT
CITY MANAGER’S OFFICE
INTEROFFICE MEMORANDUM
Date: March 28, 2024
To: Honorable Mayor and Councilmembers
From: Anthony J. Mejia, City Clerk
Subject: City Council Meeting of March 28, 2024
Below you will find questions received from the Mayor or Councilmembers and answers provided by City staff regarding tonight’s City Council meeting:
ITEM 2b: STUDY SESSION: UPDATE ON ANIMAL SERVICES CONTRACT WITH RIVERSIDE
COUNTY ANIMAL SERVICES
Q1: Page 25. Is this for Palm Desert only?
A1: Yes, these are the total number of animals (dogs, cats, birds, others) sheltered annually for the City of Palm Desert.
Q2: Page 25. How is this calculated? Are these numbers only relative to the Thousand Palms location?
A2: These numbers reflect the total number of dogs and cats, the overall number of days in the shelter, and the average.
For example, from July – February of this fiscal year, there were a total of 145 dogs & cats sheltered for 670 days, with an average of 5 sheltered days per animal. Our contract stipulates that animals shall be housed at the Coachella Valley Animal Campus in Thousand Palms. The County does have the discretion to take animals to other county facilities at their discretion e.g. no capacity at the time etc.
Q3: Does the City pay per animal that is taken in, or does the City pay for euthanasia fees? A3: The City pays a daily sheltering rate of $34.10 per day plus a $10.44 charge per impound for each dog or cat. There are no additional costs for euthanasia fees, or spaying/neutering a stray before they are adopted.
Q4: Page 31. Has there been any interest from the community in having these again (mobile clinic)? How were they advertised?
A4: Staff is not aware of any interest from the community in hosting mobile clinics. In 2013, when the last mobile clinic was held it was advertised at the Shelter, in Brightside, and flyers at City Hall.
03/28/2024 Question & Answer Memo
ITEM 13e: AUTHORIZE AN AMENDMENT TO CONTRACT NO. A43790 WITH FG CREATIVE
INCREASING COMPENSATION FOR PALM DESERT AQUATIC CENTER MARKETING
SERVICES
Q1: What is the breakdown of their justification to increase account services by nearly $2000? A1: With the renegotiation of the operational contract with the YMCA, greater emphasis has been placed on marketing the Aquatic Center. The enhanced scope of work required more hours over the second quarter of the year, which correlates to a higher fee for account services.
Q2: How many billboards is the City getting for $10,500? What is the ROI on billboards? A2: Billboards are useful for brand-building and reaching new audiences with information about the Aquatic Center. They are part of the previously approved PDAC budget, and placement has been spread out over the fiscal year as part of Lamar's digital billboard program. This program provides tremendous flexibility in messaging and placement, when compared to a traditional static billboard that would have one location and one message for the duration of the contract.
Q3: Where will they be placed?
A3: These digital billboards are placed in 10 locations around the valley, and the PDAC slot rotates from board to board, allowing the messaging to be seen in multiple locations.
Q4: What website enhancements are they planning to implement for a $3,000 increase? A4: This fee is for a complete website redesign, including new photography, an updated, more userfriendly design, new programming, and reservation portals.
ITEM 13f: AUTHORIZE AN AMENDMENT TO INCREASE THE CITY'S CONTRACT WITH FG
CREATIVE FOR EL PASEO PARKING & BUSINESS IMPROVEMENT DISTRICT
MARKETING SERVICES
Q1: What services are listed in the original contract with FG Creative, C43370? A1: Below is the scope of services outlined in Contract C43370:
• Develop an annual budget that includes a comprehensive, strategic and diversified media plan and account management that promotes El Paseo to its target audience, in accordance with direction provided by the Board. This media plan should demonstrate maximum efficiency of spend and a clear ability to measure return on investment (ROI). Negotiate, schedule, and maintain media buys in accordance with the approved media plan.
Please note that all buys performed on behalf of the EPPBID must be billed at net amounts. Provide media administrative services including, but not limited to, record keeping; flowcharts; budget recaps; billing; processing payment; maintaining media buy schedules; buy confirmations; tracking make goods and credits; trafficking of creative materials. Develop and implement a monthly merchant outreach program. Attend and present pertinent updates at the monthly EPPBID Board meetings. Evaluate all media proposals submitted to the Board and issue recommendations based on cost, validity, and perceived benefits to the marketing/advertising objectives of the Board. Provide monthly and quarterly reports summarizing project activities and achievements of all services outlined in this scope of work.
Submit detailed invoices to include the projects and services worked on or completed with supporting documentation for the previous month's activities. Develop an annual branding campaign and create all graphic assets as needed to fulfill the media plan and all outbound marketing. To include but not limited to: digital, print, radio and collateral material, and other elements, as mandated by the media plan.
03/28/2024 Question & Answer Memo
Create a strategic Social Media Plan and manage all aspects of the EPPBID social media channels, including but not limited to Facebook, Instagram, and Twitter. • Organize and manage two Merchant meetings per year if viable (Pre-Season and Post-Season). • Manage Public Relations efforts as needed on behalf of the EPPBID. Agency shall represent EPPBID's voice and vision when working with media partners, in the best interest of the “El Paseo" brand.
Q2: How often has EPPBID had to tap into their reserves in the last 6 years? A2: Fortunately, staff is not aware of any time the EPPBID has had to tap into its reserves to cover a budget shortfall. Because EPPBID funds fluctuate depending on revenues collected from members of the district, the board's first pass at its annual budget is always conservative, based on an average of the previous six years' revenue. As the actual revenues accrue, the board then revisits marketing priorities based on actual funds available in excess of its reserves and makes a mid-year budget adjustment. This careful approach allows the board to maintain good stewardship over its constantly fluctuating and unpredictable resources.
Q3: How much was taken from the reserve in 2020?
A3: When the pandemic hit in early 2020, the EPPBID Board drastically cut its budget to conserve funds in light of a projected drastic drop in revenue. As it turned out, sales of luxury goods were especially strong during the pandemic, so the district finished the year with more funds than anticipated, and the board did not have to tap into its reserves.
Q4: What are the merchant relations that need to be enhanced? A4: The Board has prioritized merchant relations over the past several years to achieve its goals of supporting small store owners while ensuring that it is representing its members well. The results were positive in terms of having an engaged and active membership. For FY 2023-2024, the board reluctantly reduced the budget spent on merchant relations in order to address other marketing priorities. When deciding on how to apply a mid-year budget adjustment this year, the board voted to bring that line item back up to what it has been in past fiscal years.
Q5: Will merchant relations be uniform from Highway 74 to Portola? A5: Yes, the monthly report highlights that an equal amount of time is spent on each block of the district.
Q6: What enhancements are going to be made?
A6: The budget increase allows for more one-on-one marketing meetings, more store visits, and greater support during the summer months.
ITEM 13k: APPROPRIATE FUNDS FOR NEW LIBRARY FACILITY PROJECT AND AWARD ARCHITECT CONTRACT TO RICHÄRD KENNEDY ARCHITECTS FOR CONCEPTUAL DESIGN SERVICES (PROJECT NO. CFA00027)
Q1: Won't it make more sense to request this work after a decision is made about the new library site? Might the available footprint be a significant variable in the design work? A1: The Architect’s scope of work for Conceptual Design Services will be required regardless of site location. The anticipated building program is approximately 20,000 to 25,000 SF. All sites currently being considered will support the required footprint. Funds for other preconstruction services and architect contingency identified in the Staff Report will be utilized to analyze the other sites.
03/28/2024 Question & Answer Memo
ITEM 14d: RESOLUTION ESTABLISHING PROCEDURES FOR THE SELECTION OF THE MAYOR
AND MAYOR PRO TEM
Q1: If there is a desire to maintain a seniority-based rotation for the position of Mayor and Mayor Pro Tem, may ties be broken by mutual agreement? Are there any rules which can be imposed that if a member declines service it does not result in a disruption to the normal rotation?
A1: Yes, if the City Council prefers a seniority-based rotation it is permissible to allow ties to be broken by mutual agreement. Under this rule, if two or more members are tied, they may come to a mutual agreement on the sequence of who will serve as Mayor Pro Tem. If mutual agreement is not reached, it is recommended that ties be broken by lot (such as a coin toss, drawing straws, or high card from a standard deck).
Under the current resolution, if a member declines service as Mayor Pro Tem there is no mechanism to reset the member’s seniority since last serving as Mayor, if ever. This results in the member who declined maintaining their seniority and having preference to serve as Mayor Pro Tem in future years. A rule may be imposed that if a member declines to serve, then that member’s future placement in the rotation will be as if they served in the year for which service is waived.
Furthermore, it is recommended that the priority be based on “the longest continuous service since last serving as Mayor or Mayor Pro Tem, if ever.” This will ensure that a member who served as Mayor Pro Tem but declines service as Mayor will have their seniority reset.
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: March 28, 2024
PREPARED BY: Randy Chavez, Deputy Director of Public Works REQUEST: AWARD A CONTRACT TO CAL-STRIPE, INC., FOR ON-CALL CITYWIDE
STREET AND BIKE LANE STRIPING IMPROVEMENTS IN AN ANNUAL AMOUNT NOT TO EXCEED $450,000 (MST00002)
RECOMMENDATION:
1. Award a 27-month contract to Cal-Stripe, Inc. for On-call Citywide Street and Bike Lane Striping Improvements in an annual amount not to exceed $450,000, with the option of two, one-year extensions.
2. Authorize the City Manager to review and approve written contract amendment and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code.
3. Authorize the City Attorney to make any necessary non-monetary changes to the agreement.
4. Authorize the City Manager to execute the agreement and any documents necessary to effectuate the actions taken herewith.
BACKGROUND/ANALYSIS:
To ensure the safety and functionality of City roadways and parking lots, annual contracting for striping services remains an integral component of our infrastructure maintenance efforts.
As part of this commitment, on January 24, 2024, the City released a Request For Proposal (RFP) for on-call striping services. This encompasses all public sites in Palm Desert needing new striping or re-striping, including bike lanes, roadways, and parking lots. The scope also incorporates repainting of red curbs throughout various streets citywide. While previous services have been on a project basis, the City is opting for an on-call basis to provide greater flexibility and efficiency.
The City received three proposals from companies by the deadline of February 22, 2024. The companies submitting proposals include:
Company Location
Cal-Stripe, Inc. Colton, CA
Superior Pavement Marking Inc. Cypress, CA
PCI Azuza, CA
A Selection Committee comprising of three staff members from the Public Works and Capital Projects Departments reviewed the proposals. The proposals were reviewed for clarity and conformance with the guidelines, content of the proposal, experience and performance, comments by references, and fee proposal (range of costs). As demonstrated below, all three
City of Palm Desert
(On-call Street and Bike Lane Striping)
companies provided the necessary information and satisfactorily fulfilled the essential criteria required in this RFP.
Criteria Cal-Stripe Superior Pavement PCI
Clarity and Conformance X X X
Proposal Content X X X
Experience and Performance X X X
References X X X
Fee Proposal X X X
Following an evaluation, the Committee proposes awarding a contract to Cal-Stripe, Inc. for oncall services. Cal-Stripe, Inc. (Contractor) best demonstrated clarity and conformance and understood exactly the request of this RFP. Despite the pre-bid meeting being optional, the Contractor displayed their dedication by being the only contractor in attendance, underscoring their commitment to understanding the project's scope. The Contractor also demonstrated extensive experience to further solidify the recommendation.
Although pricing among companies were generally competitive, the Contractor offered many rates that are favorable when compared to the other companies. It's worth noting that effectively comparing costs presents challenges due to the contract's on-call nature rather than a low-bid structure, leading to fluctuations in line-item expenses. Notwithstanding, staff identified many line items as favorable, underscoring the contractor’s grasp of the service scope.
For instance, given the significant upcoming red curb repainting, the Contractor offered the most favorable costs for preparation and painting. In addition, the Contractor offers free mobilization for work exceeding $5,000, a condition highly favorable for the City, considering that most work falls within this bracket. In contrast, other contractors do not offer this, with mobilization costs ranging from $1,250 to $4,750 (depending on the scope of service). The cost proposal displays the Contractor’s comprehension of the project, likely demonstrated by their attendance at the pre-proposal meeting.
Lastly, the City conducted a thorough reference check on Contractor, receiving commendable feedback on their past performance, reliability, punctuality in project completion, delivery of highquality work, and overall client satisfaction.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
Funds in the amount of $300,000 are included in the approved Capital Improvement Project (CIP) List for Fiscal Year (FY) 2023-24 for the Citywide Street Striping and Lane Improvements Project. Funding for the Bike Lane Striping Project was included under Year 2 (FY 2024-25) of the CIP List; however, for economies of scale, the two projects were advertised as one project.
Only funds available in this fiscal year will be encumbered at this time, so no appropriation is necessary. Staff will budget accordingly for future years during the annual budget approval process.
City of Palm Desert
(On-call Street and Bike Lane Striping)
The Citywide Street and Bike Lane Improvements Project (MST00002) funding is as follows:
Project Account FY 23/24 Budget FY 23/24 Cost Future Years Citywide Street Striping and Lane
Improvements (MST00002)
2134315-4332000 $300,000 $300,000 $300,000
Bike Lane Striping (MST00004) 2134633-5000204 $0.00 $0.00 $150,000 Total $300,000 $300,000 $450,000
The project is funded under Measure A Funds; therefore, there is no financial impact on the general fund beyond project administrative costs.
ATTACHMENTS:
1. Agreement
2. Bonds
Contract No. ___________
1 CITY OF PALM DESERT
MAINTENANCE SERVICES AGREEMENT
1. Parties and Date. This Agreement is made and entered into this 28th day of March, 2024, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, (“City”) and Cal-Stripe, a Corporation, with its principal place of business at 2040 East Steel Road, Colton, CA 92324 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. Recitals.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing maintenance services to public clients, that it and its subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
2.2 Project.
The City is a public agency of the State of California and is in need of services for the following project:
On-Call Citywide Street and Bike Lane Striping Project
Project No. MST00002
(hereinafter referred to as “the Project”).
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance services necessary for the Project (“Services”).
The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state, and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from April 1, 2024, to June 30, 2026, 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 (2) additional oneyear terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods, and details of performing the Services subject to the requirements of this
Contract No. ___________
2 Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Any personnel performing the Services under this Agreement on behalf of Contractor shall not be employees of City and shall at all times be under Contractor’s exclusive direction and control.
Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates Bassam AL-Beitawi, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement except for increasing compensation. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Adam Lippa, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees, and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein.
Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services
Contract No. ___________
3 in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with.
3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and subsubconsultants to comply with the same. Contractor certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement.
3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.
3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
Contract No. ___________
4 3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.5 Water Quality Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor to penalties, fines, or additional regulatory requirements.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Contractor’s indemnification of City, and prior to commencement of the Services, Contractor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
Contract No. ___________
5 (a) A drop-down feature requiring the policy to
respond if any primary insurance that would
otherwise have applied proves to be uncollectible in
whole or in part for any reason;
(b) Pay on behalf of wording as opposed to
reimbursement;
(c) Concurrency of effective dates with primary
policies; and
(d) Policies shall “follow form” to the underlying
primary policies.
(e) Insureds under primary policies shall also be
insureds under the umbrella or excess policies.
(D) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives. (E) Fidelity Coverage. [RESERVED]
(F) Cyber Liability Insurance. [RESERVED]
(G) Pollution Liability Insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations”. The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.
3.2.11.2 Other Provisions and Requirements.
(A) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(B) Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, employees, or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
Contract No. ___________
6 contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (G) Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Contract No. ___________
7 (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Contractor agrees to ensure that its subconsultants, sub-contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(P) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.13 Bonds.
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8 3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.2.15 Work Sites.
3.2.15.1 Inspection of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements.
Contract No. ___________
9 No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.
3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies, or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.
3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substances and hazardous materials as defined in California state or federal law at the site which have not been rendered harmless, the Contractor shall immediately stop work at the affected area and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes, and hazardous materials, and shall not require the Contractor to subcontract for such services. The Services in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor.
3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.
3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the
Contract No. ___________
10 replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total annual compensation shall not exceed FOUR HUNDRED FIFTY THOUSAND DOLLARS ($450,000) per Fiscal Year without written approval of the City Council or City Manager, as applicable.
3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices which provides a detailed description of the Services and hours rendered by Contractor. City shall, within thirty (30) days of receiving such statement, review the statement and pay all non-disputed and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Contractor. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.
3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify, and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of any failure or alleged
Contract No. ___________
11 failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.
Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify, and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Contract No. ___________
12 Contractor: CAL-STRIPE, INC.
2040 EAST STEEL ROAD Colton, CA 92324
COLTON, CA 92324
ATTN: ADAM LIPPA
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: BASSAM AL-BEITAWAI
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the City.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense, and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives as part of any such claim, suit, action, or other proceeding.
Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives as part of any such claim, suit, action, or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees.
Contractor shall reimburse the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or
Contract No. ___________
13 payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to the City include its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely
Contract No. ___________
14 for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.
[SIGNATURES ON NEXT PAGE]
Contract No. ___________
Exhibit “C”
SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND CAL-STRIPE, INC
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF PALM DESERT
By:
L. Todd Hileman
City Manager
Attest:
By:
Anthony J. Mejia
City Clerk
Approved as to form:
By:
Isra Shah
Best Best & Krieger LLP
City Attorney
CAL-STRIPE, A CORPORATION
By:
Rudy Zavalani
President
By:
Its:
General Manager
Printed Name:
Steve Fleener
Contractor’s License Number and
Classification
DIR Registration Number (if applicable)
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
Contract No. ___________
Exhibit “D”
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT “A”
SCOPE OF SERVICES
Contract No. ___________
Exhibit “D”
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT “B”
SCHEDULE OF SERVICES
Contract No. ___________
Exhibit “D”
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT “C”
COMPENSATION
Year 1
Services shall be rendered on a task order basis from April 1, 2024, to June 30, 2024. Not to exceed $300,000
Year 2
Services shall be rendered on a task order basis from July 1, 2024, to June 30, 2025. Not to exceed $450,000
Year 3
Services shall be rendered on a task order basis from July 1, 2025, to June 30, 2026. Not to exceed $450,000
4-24-2023-SF
February 22, 2024
Introduction:
Cal Stripe Inc. has been a California licensed contractor since 1994. During our time in business, we have maintained and performed all aspects of striping installation, removals as well as integrating the newest technology available within our trade.
Once a designated scope of work is assigned, our project manager will provide a highlighted map of the area, as well as a budgetary number based on the unit pricing provided. This will give the city a better understanding of what can be accomplished as well as what will be included.
We will assign one of our Superintendents, Dave Carter, or Rick Zamora to manage and oversee the project.
Our Project Manager and Estimator, Adam Lippa will provide the budget, coinciding maps and consulting services. All their contact information is provided on our contact page.
2040 East Steel Road, Colton Ca 92324
Phone: (909) 884-7170 Fax (909) 884-7106
Cell: (909) 206-7206
General Engineering Class A CA # 685387
DIR# 1000001100
Signatory to Laborers Union Local 1184
ESTIMATOR / PM: Adam Lippa
Email: [email protected]
CHANGES OR DELETIONS OF ANY ITEMS OR TERMS MUST BE APPROVED PRIOR TO BID TIME CAL STRIPE - ESTIMATOR: ADAM LIPPA
Experience and Technical Competence:
Cal Stripe Inc. maintains a Class A, General Engineering License (#685387), since 1994, and expiring on 1/31/2026. This license allows us to provide a full and vast variety of striping, marking and sign contracting services, all in house, without any subcontractors.
See a copy of the pocket version of the license provided.
Cal Stripe Inc. has maintained a backlog of projects ranging from citywide restripes, to highway and freeway reconfigurations. Cal Stripe also serves as a backbone contractor within the airport and military contracting community providing airfield marking installation and removal services.
All of our equipment is CARB compliant, and meets all of California requirements to be roadworthy, and dependable equipment. With a fleet of over 75 trucks and pieces of equipment, we supply our own back up if the equipment happens to be down for maintenance.
Cal Stripe carries a bonding capacity of single limit of $20 million, and an aggregate limit of $50 million, through Liberty Mutual located in Orange, California.
Cal Stripe also has a General Liability capacity of $5 million for various types of projects, both as a subcontractor and a prime contractor.
CHANGES OR DELETIONS OF ANY ITEMS OR TERMS MUST BE APPROVED PRIOR TO BID TIME CAL STRIPE - ESTIMATOR: ADAM LIPPA
Staffing / Key Personnel:
Provided is a list of our Staff and Key Office Personnel that will assist in this type of project. 1) Dave Carter / Superintendent / 909-841-8110 / [email protected] 2) Rick Zamora / Superintendent / 951-201-5523 / [email protected] 3) Joseph / Scheduler / 909-884-7170 / [email protected] 4) Lorraine Manzanares / Contracts Dept. / 909-884-7170 / [email protected] 5) Jane Toothman / Payroll / 909-884-7170 / [email protected] 6) Adam Lippa / Estimator/ Project Manager / 909-884-7170 / [email protected] 7) Bo Boisvert / Jr. Estimator / 909-856-9200 / [email protected] 8) Steve Pierce / Operations Manager / 909-262-2144 / [email protected] 9) Greg Works / General Operations / 909-841-8876 / [email protected] 10) Norma Axel / Billing, General Information / 909-884-7106 - [email protected]
CHANGES OR DELETIONS OF ANY ITEMS OR TERMS MUST BE APPROVED PRIOR TO BID TIME CAL STRIPE - ESTIMATOR: ADAM LIPPA
Vendor References:
1. PPG / Ennis Flint, Inc. / Angela Flynt
4161 Piedmont Pkwy, Suite 370
Greensboro, NC 27410
(800) 331-8118
2. Traffic Logix / Jim Merrill
3 Harriett Lane
Spring Valley, NY 10977
(866) 915-6449
3. RoadMax Road Products / Jason, Glen
14567 Rancho Vista Dr.
Fontana, CA 92335
909-559-4134
4. Swarco Road Marking Systems
8637 SE Morrison
Portland, OR 97216
503-421-5227
CHANGES OR DELETIONS OF ANY ITEMS OR TERMS MUST BE APPROVED PRIOR TO BID TIME CAL STRIPE - ESTIMATOR: ADAM LIPPA
Completed Projects within the Last 3 Years:
Project Owner: Contractor: Location / Name: Contact
Number:
Value:
CALTRANS 06-0Q2804 Caltrans (Prime) RT.99 & 178
RECONSTRUCT LANES
& SHOULDERS
(925) 932-7900
(925) 932-0500
$2,253,000.00
City of Lancaster City of Lancaster
(Prime)
Slow Street Imps. (661) 723-6000 $153,000.00
City of San Bernardino City of San Bernardino
(Prime)
FY 2022-2023 Citywide
Restriping
(909) 384-5045 $270,000.00
Ontario Int. Airport Coffman Spec. Runway 8R/26L Rehab (858) 536-3100 $485,000.00 Riverside County Riverside County
(Prime)
County-Wide RPM
Replacement
(951) 955-6804 $180,000.00
City of Redlands Matich Corp. PMP 2022 Street
Resurfacing
(909) 382-7400 $425,000.00
City of Palm Desert Matich Corp. Fred Waring Street Rehab (909) 382-7400 $42,495.00 City of Laquinta / Indio (JV) PMI Slurry Seal of Jefferson St and Other Roads
(760) 603-0961 $680,000.00
MCAS Miramar Romero Q4 Rubber Removal and
Runway Restripe
(760) 781-3646 $165,000.00
CVAG Ames Construction CV Link Segment 1 (602) 431-2111 $715,000.00
CHANGES OR DELETIONS OF ANY ITEMS OR TERMS MUST BE APPROVED PRIOR TO BID TIME CAL STRIPE - ESTIMATOR: ADAM LIPPA
Subcontractors:
- With Cal Stripe’s vast equipment and staff of over 50 Laborers, all signatory to LIUNA 1184, all services will be conducted with our own forces.
CHANGES OR DELETIONS OF ANY ITEMS OR TERMS MUST BE APPROVED PRIOR TO BID TIME CAL STRIPE - ESTIMATOR: ADAM LIPPA
Proposed Method of Work:
• Once a segment of work is issued by the City of Palm Desert, Adam will provide a budgetary price, based on unit pricing per the RFP. Included with the price will be a map highlighting the area and scope of work to be performed. This will enable the city to follow our progress, and this will provide an on-track price for said scopes of work. A preconstruction meeting will always be welcomed and encouraged to ensure the city is receiving the management it needs to complete the project or task at hand.
• A “Mobilization / Move-In” will only be applied to Work Order value of under $5000.00. • All units provided are considered to be restriping of existing stripe and or markings. The city must determine whether it will be thermoplastic or traffic paint materials. • The current 6” details, per 2018 Caltrans Standards will be implemented. • A baseline schedule will be provided to allow the city to properly track and inspect the work, as needed.
• All pricing provided is complete, in place, including equipment, materials, labor and taxes included. • When curb painting is required, Cal Stripe will clean prep and or scrape the existing loose flaking paint and dirt off the surface. Once it is cleaned, it will be repainted according to the city’s requirement.
• The green preformed thermoplastic Bike Lane Markings will be per City Std 205, following the manufacturer’s installation instructions.
• The green preformed Sharrow marking will be per City Std. 205H, following the manufacturer’s instructions.
• When the city requires removals, it will be required to determine the method. Either by grinding, or waterblasting. Since AQMD and Caltrans doesn’t allow dry sandblasting, this method will not be used, due to the silica sand content.
o If Grinding is preferred, Cal Stripe will use a Shibeci Polyplaner and a street sweeper, with water to contain the debris. Once debris is contained, it will be properly disposed of at a local waste facility.
o If the waterblasting method is preferred, Cal Stripe will use its Stripe Hog SH8000 Blaster Unit. The water must be disposed of in a washout pit or a clean sewer drain, and the solids will be disposed of at a local waste facility. o Neither method includes any hazardous testing and or disposal of any kind. o If the city cannot provide an area for dumping of solid grinding removal debris, the item for disposal will be applied.
4-24-2023-SF
STRIPING RFP PROPOSAL February 22, 2024
BIDS ON: 2/22/2024
PROJECT DESCRIPTION: On-Call Citywide Roadway & Parking Lot Striping OWNER: City of Palm Desert
CONTRACT / PROJECT NO: MST0000 (564-23)
1. If this proposal is accepted, it is to be incorporated as an exhibit to the Contract or purchase order. A signed purchase order, or subcontract, is required prior to commencement of any work associated with this proposal. A baseline schedule, complete set of plans and specs (including special provisions) to be provided with the subcontract agreement.
2. The Owner is to provide monthly progress payments for all completed work in accordance with the bid pricing schedule. Monthly progress payments must be received in full by Cal Stripe no later than 10 calendar days after completion. Retention percentage on monthly progress payments to be no greater than the percentage retained by the Owner. Full retention to be released no later than thirty (30) days after completion of Cal Stripe’s stage, phase, or permanent work.
3. All changes to the original scope of work or proposed extra work must be directed by the Owner in writing prior to Cal Stripe performing this work.
No additional work will be performed without written authorization.
4. All work must have an executed change order or P.O. prior to Cal Stripe scheduling the work.
5. Any required Testing, Engineering, Design, Permits, Licenses or Applications, COVID type and the like are to be provided by the Owner.
6. For the purpose of this Quotation, one (1) move-in is considered to be a period of consecutive eight (8) hour days of continuous work, not including holidays. Any discontinuities in this period, other than holidays, or for our own convenience, will be charged as an additional move-in at the additional move-in charge stated below.
7. Traffic control plans are not included. All plans are to be provided by the Owner.
8. Cal Stripe requires the work area to be unobstructed by other operations and or projects while stripe removal and or stripe installation is being performed.
Additional Term(s):
A. The following materials and services are included in this quote: Thermoplastic Stripe / Markings [YES] – Painted Stripe / Markings [YES] – Reflective / Non-Reflective Markers [YES] – Layout [YES] – Removals [YES] – Disposal of Solid Debris Only [YES] – Testing of Any Kind [NO] – Roadside Traffic Signs [YES] – Preformed Green Thermoplastic Markings [YES] B. A Minimum Call Out, Work Order or Task Order for Any Work of $5000.00 or less will require a “Mobilization / Move-In” Charge to be applied.
C. Traffic control will be implemented as per the WATCH Manual. Traffic Control Plans are Not Included.
D. CMS Boards, if required, are to be furnished and maintained by the Owner.
E. A Task Order, Work Order or P.O. for work requested must be provided and executed prior to commencement of any work.
2040 East Steel Road, Colton Ca 92324
Phone: (909) 884-7170 Fax (909) 884-7106
Cell: (909) 206-7206
General Engineering Class A CA # 685387
DIR# 1000001100
Signatory to Laborers Union Local 1184
ESTIMATOR: Adam Lippa
Estimators [email protected]
CHANGES OR DELETIONS OF ANY ITEMS OR TERMS MUST BE APPROVED PRIOR TO BID TIME CAL STRIPE - ESTIMATOR: ADAM LIPPA
PROJECT: On-Call Citywide Roadway & Parking Lot Striping BID DATE: 2/22/2024 ITEM QTY UNIT DESCRIPTION UNIT $ TOTAL
1 1 EA Mobilization / Move-In (Only Applies If Work Order is Under $5000.00) $3,225.00 $ 3,225.00 2 1 LF Layout of New Stripe or New Markings. $0.12 $ 0.12 3 1 LF Removal of Existing Traffic Stripe by Grinding $0.55 $ 0.55 4 1 SQFT Removal of Existing Pavement Marking / Legend by Grinding. $1.60 $ 1.60 5 1 LF Removal of Existing Traffic Stripe by Waterblasting. $3.20 $ 3.20 6 1 SQFT Removal of Existing Pavement Marking / Legend by Waterblasting. $1.07 $ 1.07 7 1 EA Disposal of Solid Removal Debris. $2,675.00 $ 2,675.00 6" DETAIL PAINT ITEMS:
8 1 LF Paint 12" Limit Line / Crosswalk. $2.25 $ 2.25
9 1 EA Paint Stop Legend. $55.00 $ 55.00
10 1 EA Paint Stop Ahead Legend. $135.00 $ 135.00
11 1 EA Paint Signal Ahead Legend. $160.00 $ 160.00
12 1 EA Paint Ped Xing Legend. $100.00 $ 100.00
13 1 EA Paint Keep Clear. $160.00 $ 160.00
14 1 EA Paint Type I (10') Arrow. $35.00 $ 35.00
15 1 EA Paint Type III Arrow. $105.00 $ 105.00
16 1 EA Paint Type IV Arrow $45.00 $ 45.00
17 1 EA Paint Type VI Arrow. $105.00 $ 105.00
18 1 EA Paint Type VII Arrow. $70.00 $ 70.00
19 1 EA Paint Bike Lane Legend. $50.00 $ 50.00
20 1 EA Paint Golf Cart Legend. $40.00 $ 40.00
21 1 EA Paint Yield Legend. $60.00 $ 60.00
22 1 EA Paint Yield Teeth Markings. $15.00 $ 15.00
23 1 LF Paint Detail 1 (Yellow Skip) - 6" Detail $0.25 $ 0.25 24 1 LF Paint Detail 8 (White Skip) - 6" Detail $0.25 $ 0.25 25 1 LF Paint Detail 11 (White Skip) - 6" Detail $0.30 $ 0.30 26 1 LF Paint Detail 24 (Yellow Solid) - 6" Detail $0.35 $ 0.35 27 1 LF Paint Detail 27B (White Solid) - 6" Detail $0.35 $ 0.35 28 1 LF Paint Detail 21 (Double Yellow) - 6" Detail $0.75 $ 0.75 29 1 LF Paint Detail 28 (Double Yellow Median) - 6" Detail $1.50 $ 1.50 30 1 LF Paint Detail 31 (2-Way Double Left) - 6" Detail $1.40 $ 1.40 31 1 LF Paint Detail 37B (8" Lane Drop) $0.55 $ 0.55
32 1 LF Paint Detail 38A (8" Channelizing Line) $0.55 $ 0.55 33 1 LF Paint Detail 39A (Bike Lane Drop Line) $0.35 $ 0.35 34 1 LF Paint Detail 39 (6" Solid Bike Lane) $0.35 $ 0.35 35 1 LF Paint Detail 40 (White Intersection Line) - 6" Detail $1.50 $ 1.50 36 1 LF Paint Detail 41 (Yellow Intersection Line) - 6" Detail $1.50 $ 1.50 37 1 LF Paint Single Line Parking Stall. $1.75 $ 1.75
CHANGES OR DELETIONS OF ANY ITEMS OR TERMS MUST BE APPROVED PRIOR TO BID TIME CAL STRIPE - ESTIMATOR: ADAM LIPPA
ITEM QTY UNIT DESCRIPTION UNIT $ TOTAL
THERMOPLASTIC ITEMS:
38 1 LF Thermoplastic 12" Limit Line / Crosswalk. $3.50 $ 3.50 39 1 EA Thermoplastic Stop Legend. $85.00 $ 85.00
40 1 EA Thermoplastic Stop Ahead Legend. $210.00 $ 210.00 41 1 EA Thermoplastic Signal Ahead Legend. $245.00 $ 245.00 42 1 EA Thermoplastic Ped Xing Legend. $155.00 $ 155.00 43 1 EA Thermoplastic Keep Clear. $245.00 $ 245.00
44 1 EA Thermoplastic Type I (10') Arrow. $55.00 $ 55.00 45 1 EA Thermoplastic Type III Arrow. $165.00 $ 165.00
46 1 EA Thermoplastic Type IV Arrow $60.00 $ 60.00
47 1 EA Thermoplastic Type VI Arrow. $165.00 $ 165.00
48 1 EA Thermoplastic Type VII Arrow. $105.00 $ 105.00
49 1 EA Thermoplastic Bike Lane Legend. $85.00 $ 85.00
50 1 EA Thermoplastic Golf Cart Legend. $45.00 $ 45.00
51 1 EA Thermoplastic Yield Legend. $90.00 $ 90.00
52 1 EA Thermoplastic Yield Teeth Markings. $25.00 $ 25.00 53 1 LF Thermoplastic Detail 1 (Yellow Skip) - 6" Detail $0.40 $ 0.40 54 1 LF Thermoplastic Detail 8 (White Skip) - 6" Detail $0.40 $ 0.40 55 1 LF Thermoplastic Detail 11 (White Skip) - 6" Detail $0.50 $ 0.50 56 1 LF Thermoplastic Detail 24 (Yellow Solid) - 6" Detail $0.55 $ 0.55 57 1 LF Thermoplastic Detail 27B (White Solid) - 6" Detail $0.55 $ 0.55 58 1 LF Thermoplastic Detail 21 (Double Yellow) - 6" Detail $1.10 $ 1.10 59 1 LF Thermoplastic Detail 28 (Double Yellow Median) - 6" Detail $2.20 $ 2.20 60 1 LF Thermoplastic Detail 31 (2-Way Double Left) - 6" Detail $2.10 $ 2.10 61 1 LF Thermoplastic Detail 37B (8" Lane Drop) $0.75 $ 0.75 62 1 LF Thermoplastic Detail 38A (8" Channelizing Line) $0.85 $ 0.85 63 1 LF Thermoplastic Detail 39A (Bike Lane Drop Line) $0.60 $ 0.60 64 1 LF Thermoplastic Detail 39 (6" Solid Bike Lane) $0.60 $ 0.60 65 1 LF Thermoplastic Detail 40 (White Intersection Line) - 6" Detail $1.75 $ 1.75 66 1 LF Thermoplastic Detail 41 (Yellow Intersection Line) - 6" Detail $1.75 $ 1.75 67 1 LF Thermoplastic Single Lined Parking Stall. $2.00 $ 2.00 MISC. ITEMS:
68 1 EA Furnish MUTCD Roadside Traffic Sign (Up to 30") $150.00 $ 150.00 69 1 EA Furnish MUTCD Roadside Traffic Sign (36" to 48") $195.00 $ 195.00 70 1 EA Furnish and Install City Approved Sign Post. $150.00 $ 150.00 71 1 HR Street Sweeping Services. $195.00 $ 195.00
72 1 LF Scrape, Clean and Repaint Existing Paint Curb. $2.20 $ 2.20 73 1 EA Installation of Non-Reflective Pavement Marker. $4.15 $ 4.15 74 1 EA Installation of Reflective Pavement Marker. $3.50 $ 3.50 75 1 EA
Furnish and Install Green Preformed Thermoplastic Bike
Lane Legend per City STD 205 $1,995.00 $ 1,995.00
76 1 EA
Furnish and Install Green Preformed Thermoplastic Bike
Lane Sharrow Marking per the City STD. 205H. $895.00 $ 895.00 77 1 SQFT
Install Green Preformed Thermoplastic Detail 39A Conflict Zone. $18.25 $ 18.25
Contract No. ___________
Exhibit “C”
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to Cal-Stripe Inc., (hereinafter referred to as the “Contractor”) an agreement for On-Call Citywide Roadway and Parking Lot Striping 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 April 1, 2024, (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, Cal-Stripe, Inc., the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the annual sum of Four Hundred Fifty Thousand Dollars, ($450,000), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law, or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(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
Contract No. ___________
bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
Contract No. ___________
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_________________________________
Title_______________________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On ________________________ , 20___, before me, _______________________________, Notary Public, personally appeared ________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_____________________________________________
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Contract No. ___________
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On ____________________ , 20___, before me, _______________________________, Notary Public, personally appeared _________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_____________________________________________
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Contract No. ___________
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 March 28, 2024, has awarded to Cal-Stripe, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows:
On-Call Citywide Roadway and Striping Project (the “Project”).; and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated April 1, 2024, (“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 Four Hundred Fifty Thousand Dollars, ($450,000) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or
Contract No. ___________
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
Contract No. ___________
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
__________________________________
Title_______________________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On ____________________ , 20___, before me, _______________________________, Notary Public, personally appeared _________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_____________________________________________
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Contract No. ___________
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On ____________________ , 20___, before me, _______________________________, Notary Public, personally appeared _________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_____________________________________________
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: March 28, 2024
PREPARED BY: Randy Chavez, Deputy Director of Public Works REQUEST: APPROVE AN EMERGENCY GRANT PROGRAM IN AN AGGREGATE AMOUNT NOT TO EXCEED $1,500,000 FOR COMMERCIAL PROPERTY
OWNERS AND HOMEOWNERS ASSOCIATIONS LOCATED ALONG
INTERSTATE 10 AND AFFECTED BY TROPICAL STORM HILARY
RECOMMENDATION:
1. Approve emergency grant program in an aggregate amount not to exceed $1,500,000 for commercial property owners and homeowners associations located along Interstate 10 and impacted by Tropical Storm Hilary.
2. Authorize the Finance Director to appropriate funds in the amount of $1,500,000 from General Fund Emergency Reserves to Account No. 1104159-4219100.
3. Authorize the City Attorney to prepare all necessary documents and make any non-monetary changes to the agreement.
4. Authorize City Manager to execute agreements and any documents necessary to effectuate actions taken herewith.
BACKGROUND/ANALYSIS:
On August 20, 2023, Tropical Storm Hilary brought unprecedented rain to Palm Desert. Flood waters and debris from the Morongo Valley basin overwhelmed the City’s storm drain system, catch basins, culverts, and other infrastructure used to convey flood water. Many of the storm channels were silted with over five feet of sediment and debris. The damage caused by the storm highlights the need for the City to prioritize infrastructure maintenance and preparedness to ensure public safety during severe weather events.
In response to the aftermath of Tropical Storm Hilary, which inflicted significant damage to commercial property owners and homeowners associations (eligible properties) in north Palm Desert along the Interstate 10 corridor, staff is proposing an implementation of $1,500,000 in emergency grants. Each grant, with a maximum allocation of $200,000 each, aims to cover up to 35% of the costs for eligible properties' external cleanup, repair, and restoration efforts. For instance, if a property owner incurs about $572,000 in such expenses, they would be eligible for a reimbursement of up to $200,000, representing the maximum allocation per grant.
The boundary extends 250 feet south of Interstate 10, between Miriam Way and Washington Street, effective the northern limits of Palm Desert The focus on the northern portion of Palm Desert for the Program is driven by the significant damage caused by Tropical Storm Hilary along the Interstate 10 corridor, necessitating urgent assistance for affected commercial property owners and homeowners associations. The proposed grant program (Program) underscores the City’s responsibility to promote the general welfare and address the collective needs and interests of its residents.
City of Palm Desert
(Tropical Storm Hilary Grant Program)
The primary objective of these grants is threefold: to support property cleanup efforts, address damage incurred as a result of Tropical Storm Hilary, and ensure the proper functioning of the City’s integrated drainage systems within the affected area. To qualify, eligible properties must submit a formal cleanup plan outlining the scope of work to be undertaken prior to commencing work. That formal cleanup plan will be reviewed by City staff and then inspected at the end of the project to ensure that the agreed upon scope was satisfactorily performed prior to grant proceed disbursements. Note that use of grant funding by eligible properties is subject to State prevailing wage requirements.
The Program focuses on assisting commercial property owners and homeowners associations because their properties play a significant role in serving broader public interests and needs.
Individual homeowners and renters, as well as tenants on commercial properties are ineligible for the Program. Likewise, homeowners associations that have previously received funding are ineligible. Completed work is also excluded from eligibility.
Furthermore, the disbursement of grant funds on a reimbursement basis will be subject to strict monitoring and auditing procedures. Grant funds may be reimbursed in stages as work progresses (completion points), including at 25%, 50%, 75%, and 100%. This approach ensures that funding reflects the extent of completed work.
It is important to note the Program will remain in effect until funds are exhausted, with the possibility of reinstatement contingent upon continued funding approval by the City Council. This comprehensive approach aims to expedite the recovery process for affected properties and mitigate the long-term impact of Tropical Storm Hilary along Interstate 10.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
The recommendation carries a fiscal impact of $1,500,000 from General Fund Emergency Reserves. The ultimate financial impact will depend on commercial property owners and homeowners associations’ requests for assistance and the advancement of the proposed cleanup and repair projects. In addition, the implementation of this recommendation may incur ancillary administrative costs related to monitoring, auditing, and oversight of grant disbursements, which will be managed within existing departmental budgets. Where eligible, staff will attempt to procure Federal and/or State grant funds for all storm-related costs.
ATTACHMENTS:
1. Grant Program Boundary Map
2. Program Guidelines
City of Palm Desert / Public Works Department
Emergency Grant Program – Tropical Storm Hilary
Program Guidelines
73-510 Fred Waring Drive • Palm Desert • California • 92260 • (760) 776-6450 Overview
In response to the aftermath of Tropical Storm Hilary, which inflicted significant damage for commercial property owners and homeowners associations (Properties) in north Palm Desert along the Interstate 10 corridor, the City of Palm Desert (City) has created an Emergency Grant Program (Program) to offer financial relief to affected commercial properties that may still have cleanup efforts.
The grants, with a maximum allocation of up to $200,000 each, aim to facilitate up to 35% of the external cleanup, repair, and restoration efforts for Properties. Note the eligible Properties shall be located within 250 feet south of Interstate 10, between Miriam Way and Washington Street.
If you have any questions, please call (760) 776-6450 or email [email protected].
Eligibility & Criteria
• Funds shall be used for external cleanup, repair, and restoration efforts of Properties affected by Tropical Storm Hilary, and ensure proper functioning of drainage systems in the affected area.
• Properties shall be located in Palm Desert and within 250 feet south of Interstate 10, between Miriam Way and Washington Street.
• Eligibility extends to homeowners associations and commercial property owners exclusively. • Request for completed work is ineligible as the Program is not retroactive. • Be in good standing with City and the Secretary of State. • Current City Business License at the time of application. • Only one-time grant per selected Property.
• No employees, elected officials, agents, nor businesses that have an interest held by any of the aforementioned, nor those businesses currently under contract with the City of Palm Desert, may qualify.
Approval & Submittal Process
• Application to be accepted between April 8, 2024 (8:00 a.m.) and May 6, 2024 (5:00 p.m.). • Following the application period, a Committee will review applications based upon need and additional criteria, and make recommendations to the City Manager or designee for approval. • Application available at www.palmdesert.gov/connect/hurricane-hilary.
Emergency Grant Program Guidelines
2 | P a g e
• A current business license, copy of most recent taxes, a W-9 and supporting documentation if established as a corporation (i.e. articles of incorporation or statement of information) must be provided at time of application; applications that do not provide all of the information requested will be rejected.
• Approval of funding is at the sole discretion of the City of Palm Desert.
Funding
• Total available funds for Program: $1,500,000.
• No minimum amount per grant; maximum amount not-to-exceed $200,000 per grant. • Grant funds shall cover up to 35% of the external cleanup, repair, and restoration costs. • Must submit a formal cleanup plan outlining the scope of work prior to commencing work. • Disbursement of grant funds will be subject to strict monitoring and auditing procedures. • Funding may be dispersed in stages as work progresses (25%, 50%, 75% and 100%) on a reimbursement basis.
• Must provide support documentation sufficient for the City to receive reimbursement.
Notice & Disclaimer
• Use of grant funding is subject to State prevailing wage requirements. • The City makes no representations as to the tax implications of the loan program. • The Properties under the Program will receive an IRS Form 1099, if applicable, reporting the amount of payments as taxable income for federal and state income tax. • The Properties must provide a completed IRS Form W-9 showing the business social security number or federal taxpayer identification number before the loan payments can be made. • The City is unable to provide legal or tax advice to businesses and encourages you to seek appropriate professional advice on the federal and state tax implications of any funds received from the City under this program.
• Applications are subject to the Public Records Act.
• Incomplete applications will be rejected and will not qualify for funding. • The Properties shall indemnify the City of all damages related to Tropical Storm Hilary.
Proposed Grant Program
March 28, 2024 Page 339 of 382
TROPICAL
STORM
HILARY
Storm Recovery:
Spanish Walk
• Performed about $175,000 of cleanup activities
• FEMA did not cover private property damages
• Most properties did not have flood insurance
• Other commercial property owners & HOAs
have requested similar assistance
• Repair drainage infrastructure & remove
debris underway (North Palm Desert)
• Work ongoing to drain & desilt basins
east of Cook Street
• Debris & silt still present on properties &
drainage systems – why important?
• Properties use basins & impact storm
drains & channels if not maintained
properly
• Debris in storm drains limit the
effectiveness of the City’s drain
system & cause flooding
Storm Recovery:
Desilt Channels & Repair Basins
Storm Recovery:
Proposed Grant Program
• Purpose:
• Assist with cleanup activities for storm drain systems & debris removal that serve broader public interests & needs
• Total Program Budget: $1,500,000
• Award Per Property:
• Up to $200,000 (35% match)
• Reimbursement basis
• Not retroactive
• Prevailing wage (under $15,000 exempt)
• Coverage Area: 250’ south of I-10 (Miriam Wy. to Washington St.) • Eligible Properties:
• Commercial property owners
• Homeowners associations (HOAs)
• Ineligible Properties:
• Residential property owners
• Commercial property tenants
• Previously assisted commercial properties & HOAs Page 343 of 382 Eligible Area
Recommendation
APPROVE GRANT
PROGRAM GUIDELINES
APPROPRIATE
$1,500,000 IN RESERVES
FINALIZE APPLICATION
PROCESS
BEGIN APPLICATION
PERIOD (APRIL 8TH)
Questions
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: March 28, 2024
PREPARED BY: Amy Lawrence, Deputy Director of Economic Development REQUEST: APPROVE REPLACEMENT OF A BRONZE PLAQUE AT THE DESERT
HOLOCAUST MEMORIAL
RECOMMENDATION:
Approve replacement of a bronze plaque at the Desert Holocaust Memorial.
BACKGROUND/ANALYSIS:
The Desert Holocaust Memorial by Dee Clements was paid for and donated to the City of Palm Desert by the Holocaust Survivors of the Desert in 1995. The memorial, located at the Civic Center Park, took years to plan and construct and was a thoughtful and collaborative process between the donor, the artist, and the City. It sees thousands of visitors each year, including students for educational tours and those gathering annually on Holocaust Remembrance Day.
It was recently brought to the City’s attention that the wording used on one of the signs installed at the memorial contains a derogatory term commonly associated with those of Roma/Romani descent. Specifically, the sign describing each figure in the center of the memorial, under “The Dying Man” it references “gypsies” which carries negative connotations.
Staff contacted CEO Alan Potash with Jewish Federation of the Desert to explore changing the language who offered to reach out to multiple people in the field of Holocaust education to get their opinion on updating the wording. Below is what was recommended.
Current language: “Alone, silent, dying, his death represents the reality of bigotry, ignorance, and hatred that has taken him to its inevitable end. He represents the 11,000,000 million people who died in the Holocaust, Jews, Christians, Gypsies, Mentally Ill, Physically Handicapped, Homosexual and many others, that were killed in the name of Nazism and the sickness it stood for.”
Proposed language: “Alone, silent, dying, his death represents the reality of bigotry, ignorance, and hatred that has taken him to its inevitable end. He represents the six million Jews and millions of others, including political opponents, homosexuals, disabled, Roma, and others who met their demise due to Nazi persecution and mass murder.” Legal Review:
This report has been reviewed by the City Attorney’s office.
City of Palm Desert
Approve replacement of a bronze plaque at the Desert Holocaust Memorial
FINANCIAL IMPACT:
The cost to replace the sign to include installation should not exceed $3,500. Funding for this is available in the Public Art Fund.
ATTACHMENT:
Photo of the current sign at the Desert Holocaust Memorial.
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: March 28, 2024
PREPARED BY: Amy Lawrence, Deputy Director of Economic Development REQUEST: APPROVE PLACEMENT OF PEACE POLE AT THE COMMUNITY ROSE
GARDEN IN CIVIC CENTER PARK
RECOMMENDATION:
Approve Placement of Peace Pole at the Community Rose Garden in Civic Center Park.
BACKGROUND/ANALYSIS:
Mr. Tom Swann-Hernandez, Post Commander of Frank Moulton American Veterans (AMVETS) Post 66 of Palm Springs, has requested to place a “Peace Pole” at the Community Rose Garden at the Civic Center Park. The eight-foot-tall Peace Pole is made of upcycled white vinyl PVC and will have four panels with black lettering that reads: “May Peace Prevail on Earth” in four languages – English, Spanish, Hebrew, and Arabic, as well as a brass braille plate. AMVETS will provide the Peace Pole with a brass dedication plate that reads “PEACE POLE – DEDICATED ON (date) BY AMVETS POST 66”.
Maintenance should be minimal and only include cleaning the PVC pole, which will be installed by the City in one of the planters onsite. AMVETS understands that the Peace Pole may deteriorate over time and it will either need to be replaced at their cost or removed to maintain the integrity of the Community Rose Garden and the park.
The Peace Pole Project was started in Japan by Masahisa Goi (1916-1980) who dedicated his life to spreading the message, May Peace Prevail on Earth, after the destruction caused by World War Il. The Peace Pole Project is a signature project of May Peace Prevail on Earth International inviting peace makers throughout the world to plant Peace Poles in their communities. It is estimated that there are over 200,000 Peace Poles in the world on every continent which have been planted over many decades.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
Funding for installation of the Peace Pole is estimated at $200 and is available in Public Works Account Number 1104611-4391000.
ATTACHMENTS:
1. Written Request for Peace Pole Installation
2. Photos of Peace Poles
3. Photos of Community Rose Garden
March 16, 2024
TO PALM DESERT CITY COUNCIL MEMBERS
March 28, 2024 Council Meeting
Dear City Council:
Frank Moulton American Veterans (AMVETS) Post 66 of Palm Springs is a not-for-profit veteran service organization chartered by Congress. We have honored many local Holocaust Survivors at our annual Memorial Day Awards Luncheons. We sponsor the annual Veterans Day ceremony in Cathedral City. We present awards each year on September 21 which is International Day of Peace.
We wish to install and dedicate a Peace Pole at the city Memorial Rose Garden. We believe this will be the first Peace Pole in Palm Desert. The Peace Pole will be a symbol of our desire for world peace.
Peace Poles are the most widely known symbol of world peace and are located in over 180 countries around the world. The Peace Pole is vinyl and eight foot tall and says “May Peace Prevail on Earth” in four languages. Those languages are English, Spanish, Hebrew and Arabic. There will be a brass braille plate.
We have previously dedicated Peace Poles outside of the Cathedral City Library. Also, at Saul Martinez Elementary School in Meca, Desert Mirage High School in Thermal, Desert Hot Springs High School, Shea’s Veteran Center in Desert Hot Springs, Turtle Island Joshua Tree and Congressional Cemetery in Washington D.C.
There will be a brass dedication plate on the Peace Pole. It will say the following:
PEACE POLE
PALM DESERT COMMUNITY ROSE GARDEN
DEDICATED ON _____(Date) BY AMVETS POST 66
Please do not hesitate to reach out to me. You can contact me at (760) 324-5670 or [email protected]
Sincerely,
Tom Swann Hernandez
Founder and Commander
AMVETS Post 66
151 Lincoln Downs Street
Rancho Mirage, CA. 92270
(760) 324-5670
[email protected]
Samples of Peace Poles
Samples of Peace Poles
Samples of Peace Poles
Samples of Peace Poles
Community Rose Garden at Civic Center Park
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: March 28, 2024
PREPARED BY: Anthony J. Mejia, City Clerk
REQUEST: RESOLUTION ESTABLISHING PROCEDURES FOR THE SELECTION
OF THE MAYOR AND MAYOR PRO TEM
RECOMMENDATION:
Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ESTABLISHING PROCEDURES FOR THE SELECTION OF THE MAYOR AND MAYOR PRO TEM.”
BACKGROUND/ANALYSIS:
On September 30, 2021, the City Council adopted Resolution No. 2021-61 establishing a policy for the selection of the Mayor and Mayor Pro Tem. This resolution established a seniority-based selection process with provisions addressing situations in which two or more members in the same district are sworn into office on the same day as well as when two or more members are sworn into office on the same day from different districts. These provisions no longer apply to a five-district electoral system; therefore, it is necessary to establish new procedures.
On February 15, 2024, the City Council confirmed the appointment of Mayor Pro Tem Harnik and Mayor Quintanilla to a City Council Ad Hoc Committee on the selection procedures for the Mayor and Mayor Pro Tem.
On March 11, 2024, the Ad Hoc Committee met with City staff to discuss potential options for the selection of the Mayor and Mayor Pro Tem. The Committee reviewed methods for selecting a Mayor and Mayor Pro Tem and has recommended adoption of the attached Resolution establishing a district-based rotation process.
Procedure Highlights:
In December 2024, the Mayor Pro Tem shall succeed to the position of Mayor and the longest serving Councilmember, without having previously served as Mayor, shall be Mayor Pro Tem.
In December 2025, the Mayor Pro Tem shall succeed to the position of Mayor. To commence a district-based rotation, the Councilmember representing District 3 shall be appointed Mayor Pro Tem.
o District 3 was selected to commence the district-based rotation because Karina Quintanilla, representing District 1, and Jan Harnik, residing in District 2, were the immediately preceding Mayors and Districts 4 and 5 have not yet been elected. In December 2026 and thereafter, the Mayor Pro Tem shall succeed to the position of Mayor and the Councilmember representing the next sequential district shall be appointed Mayor Pro Tem.
City of Palm Desert
Resolution – Selection of Mayor and Mayor Pro Tem
A Councilmember shall not serve as Mayor during their first year on the City Council. The City Council by four-fifths (4/5th) vote may remove the Mayor or Mayor Pro Tem.
Furthermore, this policy includes provisions addressing situations in which the current Mayor Pro Tem is not re-elected, a Councilmember would be serving as Mayor during their first year, resignation or inability to serve as Mayor or Mayor Pro Tem, partial terms, and declining to serve.
If these procedures result in no Councilmember being eligible to fill either position, then the City Council may vote anyone of its members to serve in an open nomination process.
Chart 1: Forecast of Mayor and Mayor Pro Tem Appointments Mayor Mayor Pro Tem
Nov-2024 Election: Districts 1, 2, & 3
Dec-2024 Harnik Trubee
Dec-2025 Trubee District 3
Nov-2026 Election: Districts 4 & 5
Dec-2026 District 3 District 4
Dec-2027 District 4 District 5
Nov-2028 Election: Districts 1, 2, & 3
Dec-2028 District 5 District 1
Dec-2029 District 1 District 2
Nov-2030 Election: Districts 4 & 5
Dec-2030 District 2 District 3
Dec-2031 District 3 District 4
Nov-2032 Election: Districts 1, 2, & 3
Dec-2032 District 4 District 5
Dec-2033 District 5 District 1
Nov-2034 Election: Districts 4 & 5
Dec-2034 District 1 District 2
Dec-2035 District 2 District 3
Nov-2036 Election: Districts 1, 2, & 3
Dec-2036 District 3 District 4
Dec-2037 District 4 District 5
Alternative Models:
Seniority Based Rotation: Alternatively, the City Council could choose to select the Mayor and Mayor Pro Tem based on a seniority rotation and below listed are the procedural highlights:
A Councilmember must have one or two years of service on the City Council before being eligible for service as Mayor and/or Mayor Pro Tem.
The Mayor and Mayor Pro Tem shall be the most senior Councilmembers, who have not yet served or have not served in the role for the longest period. If two or more Councilmembers have the same number of years on City Council, a tie shall be determined by the number of votes received at the last election or coin toss.
City of Palm Desert
Resolution – Selection of Mayor and Mayor Pro Tem
Open Nominations: Multiple cities select a Mayor and Mayor Pro Tem utilizing a traditional nomination and voting procedure. Usually, these cities utilize an informal seniority-based system, such as the next senior member that has not yet served as Mayor Pro Tem and Mayor or have not served in the role for the longest period.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
There is no fiscal impact associated with the action.
ATTACHMENT:
1. Draft Resolution
RESOLUTION NO. 2024-011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ESTABLISHING PROCEDURES FOR THE
SELECTION OF THE MAYOR AND MAYOR PRO TEM
WHEREAS, on January 25, 2024, the Palm Desert City Council adopted Ordinance No. 1406 establishing a five (5) district electoral system; and WHEREAS, the Mayor and Mayor Pro Tem are peers of, and serve at the pleasure of, the other Councilmembers; and
WHEREAS, the purpose of this Resolution is to implement a district-based rotation for the appointment of Councilmembers to the honorary positions of Mayor and Mayor Pro Tem.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. At the first City Council meeting in December 2024 and at the first City Council meeting in December of each year thereafter, the City Council shall appoint a Councilmember to serve as Mayor and a Councilmember to serve as Mayor Pro Tem in accordance with the following:
1. In December 2024, the Mayor Pro Tem shall succeed to the position of Mayor and the longest serving Councilmember, without having previously served as Mayor, shall be Mayor Pro Tem.
2. In December 2025, the Mayor Pro Tem shall succeed to the position of Mayor.
To commence a district-based rotation, the Councilmember representing District 3 shall be appointed Mayor Pro Tem.
3. In December 2026 and thereafter, the Mayor Pro Tem shall succeed to the position of Mayor and the Councilmember representing the next sequential district shall be appointed Mayor Pro Tem.
4. If the Mayor Pro Tem is not re-elected, the Councilmembers representing the next eligible sequential districts shall be appointed Mayor and Mayor Pro Tem, respectively.
5. A Councilmember shall not serve as Mayor during their first year on the City Council.
SECTION 2. In the event that a Councilmember would serve as Mayor during their first year on the City Council, that Councilmember shall forego their year of service as Mayor with a Councilmember representing the next sequential district eligible to serve as Mayor and the regular rotation shall resume.
Resolution No. 2024-011 Page 2
SECTION 3. If at any point in time a Councilmember serving as Mayor or Mayor Pro Tem resigns from the position or from the City Council, or otherwise is no longer able to continue serving in their capacity as Mayor or Mayor Pro Tem, the position shall be filled in the same manner as provided in these procedures. At the first City Council meeting in December thereafter, the process for selecting a new Mayor and Mayor Pro Tem shall be modified as follows:
1. If the Councilmember serving as Mayor served a partial term of six months or less, that Councilmember shall continue to serve as Mayor for an additional year.
2. If the Councilmember serving as Mayor Pro Tem served a partial term, that Councilmember shall continue to serve as Mayor Pro Tem unless there is an outgoing Mayor, in which case the Councilmember shall be appointed to serve as Mayor.
SECTION 5. Notwithstanding any other provision of this section, a Councilmember may decline to serve as Mayor of Mayor Pro Tem. If a Councilmember declines to serve in either position, the selection of Mayor and Mayor Pro Tem shall continue as provided and the regular rotation shall resume.
SECTION 6. Every District shall have an opportunity to serve as Mayor and Mayor Pro Tem every five (5) years unless a Councilmember declines their appointment.
SECTION 7. In the event that these procedures for the appointment of Mayor and Mayor Pro Tem would result in no Councilmember being eligible to fill either position, then the City Council may vote to appoint anyone of its members to serve.
SECTION 8. The City Council by a four-fifths (4/5th) vote may remove the Mayor and/or Mayor Pro Tem.
SECTION 9. The City Clerk of the City of Palm Desert shall certify the passage and adoption of this resolution and its approval by the City Council and shall cause the same to be listed in the records of the City.
ADOPTED ON MARCH 28, 2024.
KARINA QUINTANILLA
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
Resolution No. 2024-011 Page 3
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-011 is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on March 28, 2024, by the following vote:
AYES: HARNIK, KELLY, NESTANDE, TRUBEE, AND QUINTANILLA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ___________________.
ANTHONY J. MEJIA
CITY CLERK
CITY OF PALM DESERT
CITY MANAGER’S OFFICE
INTEROFFICE MEMORANDUM
Date: March 28, 2024
To: Honorable Mayor and Councilmembers
From: Anthony J. Mejia, City Clerk
Subject: City Council Meeting of March 28, 2024
Below you will find questions received from the Mayor or Councilmembers and answers provided by City staff regarding tonight’s City Council meeting:
ITEM 2b: STUDY SESSION: UPDATE ON ANIMAL SERVICES CONTRACT WITH RIVERSIDE
COUNTY ANIMAL SERVICES
Q1: Page 25. Is this for Palm Desert only?
A1: Yes, these are the total number of animals (dogs, cats, birds, others) sheltered annually for the City of Palm Desert.
Q2: Page 25. How is this calculated? Are these numbers only relative to the Thousand Palms location?
A2: These numbers reflect the total number of dogs and cats, the overall number of days in the shelter, and the average.
For example, from July – February of this fiscal year, there were a total of 145 dogs & cats sheltered for 670 days, with an average of 5 sheltered days per animal. Our contract stipulates that animals shall be housed at the Coachella Valley Animal Campus in Thousand Palms. The County does have the discretion to take animals to other county facilities at their discretion e.g. no capacity at the time etc.
Q3: Does the City pay per animal that is taken in, or does the City pay for euthanasia fees? A3: The City pays a daily sheltering rate of $34.10 per day plus a $10.44 charge per impound for each dog or cat. There are no additional costs for euthanasia fees, or spaying/neutering a stray before they are adopted.
Q4: Page 31. Has there been any interest from the community in having these again (mobile clinic)? How were they advertised?
A4: Staff is not aware of any interest from the community in hosting mobile clinics. In 2013, when the last mobile clinic was held it was advertised at the Shelter, in Brightside, and flyers at City Hall.
03/28/2024 Question & Answer Memo
ITEM 13e: AUTHORIZE AN AMENDMENT TO CONTRACT NO. A43790 WITH FG CREATIVE
INCREASING COMPENSATION FOR PALM DESERT AQUATIC CENTER MARKETING
SERVICES
Q1: What is the breakdown of their justification to increase account services by nearly $2000? A1: With the renegotiation of the operational contract with the YMCA, greater emphasis has been placed on marketing the Aquatic Center. The enhanced scope of work required more hours over the second quarter of the year, which correlates to a higher fee for account services.
Q2: How many billboards is the City getting for $10,500? What is the ROI on billboards? A2: Billboards are useful for brand-building and reaching new audiences with information about the Aquatic Center. They are part of the previously approved PDAC budget, and placement has been spread out over the fiscal year as part of Lamar's digital billboard program. This program provides tremendous flexibility in messaging and placement, when compared to a traditional static billboard that would have one location and one message for the duration of the contract.
Q3: Where will they be placed?
A3: These digital billboards are placed in 10 locations around the valley, and the PDAC slot rotates from board to board, allowing the messaging to be seen in multiple locations.
Q4: What website enhancements are they planning to implement for a $3,000 increase? A4: This fee is for a complete website redesign, including new photography, an updated, more userfriendly design, new programming, and reservation portals.
ITEM 13f: AUTHORIZE AN AMENDMENT TO INCREASE THE CITY'S CONTRACT WITH FG
CREATIVE FOR EL PASEO PARKING & BUSINESS IMPROVEMENT DISTRICT
MARKETING SERVICES
Q1: What services are listed in the original contract with FG Creative, C43370? A1: Below is the scope of services outlined in Contract C43370:
• Develop an annual budget that includes a comprehensive, strategic and diversified media plan and account management that promotes El Paseo to its target audience, in accordance with direction provided by the Board. This media plan should demonstrate maximum efficiency of spend and a clear ability to measure return on investment (ROI). Negotiate, schedule, and maintain media buys in accordance with the approved media plan.
Please note that all buys performed on behalf of the EPPBID must be billed at net amounts. Provide media administrative services including, but not limited to, record keeping; flowcharts; budget recaps; billing; processing payment; maintaining media buy schedules; buy confirmations; tracking make goods and credits; trafficking of creative materials. Develop and implement a monthly merchant outreach program. Attend and present pertinent updates at the monthly EPPBID Board meetings. Evaluate all media proposals submitted to the Board and issue recommendations based on cost, validity, and perceived benefits to the marketing/advertising objectives of the Board. Provide monthly and quarterly reports summarizing project activities and achievements of all services outlined in this scope of work.
Submit detailed invoices to include the projects and services worked on or completed with supporting documentation for the previous month's activities. Develop an annual branding campaign and create all graphic assets as needed to fulfill the media plan and all outbound marketing. To include but not limited to: digital, print, radio and collateral material, and other elements, as mandated by the media plan.
03/28/2024 Question & Answer Memo
Create a strategic Social Media Plan and manage all aspects of the EPPBID social media channels, including but not limited to Facebook, Instagram, and Twitter. • Organize and manage two Merchant meetings per year if viable (Pre-Season and Post-Season). • Manage Public Relations efforts as needed on behalf of the EPPBID. Agency shall represent EPPBID's voice and vision when working with media partners, in the best interest of the “El Paseo" brand.
Q2: How often has EPPBID had to tap into their reserves in the last 6 years? A2: Fortunately, staff is not aware of any time the EPPBID has had to tap into its reserves to cover a budget shortfall. Because EPPBID funds fluctuate depending on revenues collected from members of the district, the board's first pass at its annual budget is always conservative, based on an average of the previous six years' revenue. As the actual revenues accrue, the board then revisits marketing priorities based on actual funds available in excess of its reserves and makes a mid-year budget adjustment. This careful approach allows the board to maintain good stewardship over its constantly fluctuating and unpredictable resources.
Q3: How much was taken from the reserve in 2020?
A3: When the pandemic hit in early 2020, the EPPBID Board drastically cut its budget to conserve funds in light of a projected drastic drop in revenue. As it turned out, sales of luxury goods were especially strong during the pandemic, so the district finished the year with more funds than anticipated, and the board did not have to tap into its reserves.
Q4: What are the merchant relations that need to be enhanced? A4: The Board has prioritized merchant relations over the past several years to achieve its goals of supporting small store owners while ensuring that it is representing its members well. The results were positive in terms of having an engaged and active membership. For FY 2023-2024, the board reluctantly reduced the budget spent on merchant relations in order to address other marketing priorities. When deciding on how to apply a mid-year budget adjustment this year, the board voted to bring that line item back up to what it has been in past fiscal years.
Q5: Will merchant relations be uniform from Highway 74 to Portola? A5: Yes, the monthly report highlights that an equal amount of time is spent on each block of the district.
Q6: What enhancements are going to be made?
A6: The budget increase allows for more one-on-one marketing meetings, more store visits, and greater support during the summer months.
ITEM 13k: APPROPRIATE FUNDS FOR NEW LIBRARY FACILITY PROJECT AND AWARD ARCHITECT CONTRACT TO RICHÄRD KENNEDY ARCHITECTS FOR CONCEPTUAL DESIGN SERVICES (PROJECT NO. CFA00027)
Q1: Won't it make more sense to request this work after a decision is made about the new library site? Might the available footprint be a significant variable in the design work? A1: The Architect’s scope of work for Conceptual Design Services will be required regardless of site location. The anticipated building program is approximately 20,000 to 25,000 SF. All sites currently being considered will support the required footprint. Funds for other preconstruction services and architect contingency identified in the Staff Report will be utilized to analyze the other sites.
03/28/2024 Question & Answer Memo
ITEM 14d: RESOLUTION ESTABLISHING PROCEDURES FOR THE SELECTION OF THE MAYOR
AND MAYOR PRO TEM
Q1: If there is a desire to maintain a seniority-based rotation for the position of Mayor and Mayor Pro Tem, may ties be broken by mutual agreement? Are there any rules which can be imposed that if a member declines service it does not result in a disruption to the normal rotation?
A1: Yes, if the City Council prefers a seniority-based rotation it is permissible to allow ties to be broken by mutual agreement. Under this rule, if two or more members are tied, they may come to a mutual agreement on the sequence of who will serve as Mayor Pro Tem. If mutual agreement is not reached, it is recommended that ties be broken by lot (such as a coin toss, drawing straws, or high card from a standard deck).
Under the current resolution, if a member declines service as Mayor Pro Tem there is no mechanism to reset the member’s seniority since last serving as Mayor, if ever. This results in the member who declined maintaining their seniority and having preference to serve as Mayor Pro Tem in future years. A rule may be imposed that if a member declines to serve, then that member’s future placement in the rotation will be as if they served in the year for which service is waived.
Furthermore, it is recommended that the priority be based on “the longest continuous service since last serving as Mayor or Mayor Pro Tem, if ever.” This will ensure that a member who served as Mayor Pro Tem but declines service as Mayor will have their seniority reset.
PROCEDURES FOR
SELECTION OF THE
MAYOR & MAYOR PRO TEM
City Council Meeting of March 28, 2024
BACKGROUND
February 15, 2024: Ad Hoc Committee Appointed
March 11, 2024: Ad Hoc Committee Recommendation
The City Council appointed Mayor Quintanilla and Mayor Pro Tem Harnik to an Ad Hoc Committee to review selection procedures for the positions of Mayor and Mayor Pro Tem.
The Ad Hoc Committee met and considered seniority-based, district-based, and nomination-based options. The Committee recommended adoption of a district-based rotation.
September 30, 2021: Current Procedures Adopted
The City Council adopted Resolution No. 2021-61 establishing the current seniority-based rotation, adding provisions to address tie breakers when two or more members are in the same or different districts.
RESOLUTION NO. 2021-61
01 02 03
Seniority-Based Rotation: Members must have one year
experience to serve as MPT and two years experience to serve as Mayor.
Regular Rotation Same District Tie Breaker Different Districts Tie Breaker Priority shall be given to the
Member with the longest
continuous service since last
serving as Mayor, if ever.
When two or more Members
are sworn into office the same
day, the member with the
highest number of votes shall
be inserted first into the
rotation.
When two or more members
are sworn in on the same day in
different districts, ties shall be
broken with a coin toss.
PROPOSED
PROCEDURES
In Dec. 2024, the MPT shall succeed to
Mayor and the longest serving Member,
without previous service as Mayor, shall
be MPT.
In Dec. 2025, the MPT shall succeed to
Mayor. To commence a district-based
rotation, the Member representing
District 3 shall be MPT.
Regular Rotation Minimum Exp.
Removal
Thereafter, the MPT shall succeed to
Mayor and the member representing
the next sequential district shall be MPT.
A Member shall not serve as Mayor
during their first year on City Council.
The Mayor or MPT may be removed by
4/5ths vote of the City Council.
MPT Not Re-Elected
If the MPT is not re-elected, the newlyelected Member is not eligible to serve as Mayor. Therefore, the next eligible
sequential district shall serve as Mayor
and the regular rotation shall resume.
PROPOSED
PROCEDURES (CONTINUED)
Declining Service No Option
A Member may decline to serve as
Mayor or MPT. If declined, the next
eligible sequential district shall fill the
vacancy and the regular rotation shall
continue.
If these procedures result in no
Member being eligible to serve in either
position, then the City Council may
appoint any of its members to serve.
Resignation
If the Mayor or MPT resigns, the next
eligible sequential district shall fill the
vacancy. If the new Mayor’s partial term
is six months or less, that Member shall
continue to serve as Mayor another year.
Hypothetical: Incoming Mayor Declines and
Incumbent MPT Not Re-Elected
Mayor MPT
Dec. 2026 D-3 D-4
Dec. 2027 D-5 (D-4 Declines) D-1
Nov. 2028 Election: Districts 1, 2, and 3
Dec. 2028 D-2 (D-1 Not Re-Elected) D-3
Dec. 2029 D-3 D-4
Nov. 2030 Election: Districts 4 and 5
Dec. 2030 D-4 D-5
Dec. 2031 D-5 D-1
Nov. 2032 Election: Districts 1, 2, and 3
Dec. 2032 D-1 D-2
Regular Rotation
Forecast
Mayor MPT
Dec. 2026 D-3 D-4
Dec. 2027 D-4 D-5
Nov. 2028 Election: Districts 1, 2, and 3
Dec. 2028 D-5 D-1
Dec. 2029 D-1 D-2
Nov. 2030 Election: Districts 4 and 5
Dec. 2030 D-2 D-3
Dec. 2031 D-3 D-4
Nov. 2032 Election: Districts 1, 2, and 3
Dec. 2032 D-4 D-5
Note: If an incumbent MPT is not reelected, this will result in the next eligible sequential district serving as
Mayor and forgoing their term as MPT
fffdff
Note: If an incoming Mayor declines
service, this will result in the next
eligible sequential district serving as
Mayor and forgoing their term as MPT
ALTERNATIVE MODELS
01 02 03
Seniority-Based Rotation (Based on Existing Procedures):
Members must have one year of experience to serve as MPT and two years of experience to serve as Mayor.
Regular Rotation Tie Breaker Declining Service as MPT
Priority shall be given to the
Member with the longest
continuous service since last
serving as Mayor (or MPT), if
ever.
When two or more members
are sworn in on the same day
in different districts, ties shall
be broken with a coin toss.
If a Member declines service as
MPT, that member shall retain
their seniority and will have priority
in subsequent years until such
time as they decide to serve.
ALTERNATIVE MODELS
01 02 03
Seniority-Based Rotation (Based on Q&A Memo Response):
Members must have one year of experience to serve as MPT and two years of experience to serve as Mayor.
Regular Rotation Tie Breaker Declining Service as MPT
Priority shall be given to the
Member with the longest
continuous service since last
serving as Mayor or MPT, if ever.
Mutual Agreement: It two or
more members are tied, they may
come to a mutual agreement on
the sequence of serving as MPT.
By Lot: If mutual agreement is
not reached, ties will be broken by
lot: coin toss, drawing straws, or
high card from a standard deck.
If a Member declines service as
Mayor or MPT, then that member’s
future placement in the rotation will
be as if they served in the year for
which service is waived.
ALTERNATIVE MODELS
01 02 03
Nomination-Based Rotation: Members will be solicited to nominate any eligible member to serve as Mayor or MPT. The City Council may impose minimum qualifications such as
having served on City Council for a specified number of years in order to be eligible to serve as Mayor or Mayor Pro Tem.
Floor Nominations Viva-Voce Election Majority Vote
The presiding officer calls for
nominations. A member may
nominate any eligible member
to the office.
If there is more than one
nominee, the candidates are
voted upon in the order they
were nominated.
As soon as one of the nominees
receives a majority vote, the
candidate is declared elected.
QUESTIONS?