PALM DESERT CITY COUNCIL
MEETING AGENDA
Thursday, April 11, 2024
4:00 p.m.
Council Chamber, City Hall
73-510 Fred Waring Drive
Palm Desert, California
This is a joint meeting of the Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, and the Palm Desert Housing Authority. Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting allowing public access via teleconference or in person, and up to two Councilmembers may attend remotely.
WATCH THE MEETING LIVE: Watch the City Council meeting live at the City’s website:
www.palmdesert.gov under the “Council Agenda” link at the top of the homepage, or on the City’s YouTube Channel.
OPTIONS FOR PARTICIPATING IN THIS MEETING:
If unable to attend the meeting in person, you may choose from the following options:
OPTION 1: VIA EMAIL
Send your comments by email to: [email protected].
Emails received prior to 10:00 a.m. on the day of the City Council meeting will be made part of the record and distributed to the City Council. Emails will not be read aloud at the meeting.
OPTION 2: LIVE VIA ZOOM
Access via palmdesert.gov/zoom or zoom.us, click “Join Meeting” and enter Webinar ID 833 6744 9572.
1. OPTION 3: LIVE VIA TELEPHONE
1. (213) 338-8477 and enter Meeting ID 833 6744 9572 followed by #.
2. Indicate that you are a participant by pressing # to continue.
During the meeting, press *9 to add yourself to the queue and wait for the Mayor or City Clerk to announce your name/phone number. Press *6 to unmute your line and limit your comments to three minutes.
3. Pages
1. CALL TO ORDER - 4:00 P.M.
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
Councilmember Trubee
4. INSPIRATION
Mayor Quintanilla
5. AWARDS, PRESENTATIONS, AND APPOINTMENTS
6. CITY MANAGER COMMENTS
7. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
8. NONAGENDA PUBLIC COMMENTS
This time has been set aside for the public to address the City Council on issues that are not on the agenda for up to three minutes. Speakers may utilize one of the three options listed on the first page of the agenda. Because the Brown Act does not allow the City Council to act on items not listed on the agenda, members may briefly respond or refer the matter to staff for a report and recommendation at a future meeting.
9. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered routine and may be approved by one motion. The public may comment on any items on the Consent Agenda within the three-minute time limit. Individual items may be removed by the City Council for a separate discussion.
RECOMMENDATION:
To approve the consent calendar as presented.
9.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING
AUTHORITY MINUTES
9 RECOMMENDATION:
Approve the Minutes of March 28, 2024.
9.b APPROVAL OF WARRANT REGISTERS 21
RECOMMENDATION:
Approve the warrant registers issued for the period 3/20/2024 to 3/29/2024.
9.c ADOPTION OF A RESOLUTION ADOPTING A POLICY FOR
CEREMONIAL PROCLAMATIONS AND RECOGNITIONS
49 RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A POLICY FOR
CEREMONIAL PROCLAMATIONS AND RECOGNITIONS AND
RESCINDING RESOLUTION NO. 2022-25.”
City Council Meeting
9.d ACCEPTANCE OF A RESIGNATION FROM THE MARKETING
COMMITTEE AND PARKS AND RECREATION COMMITTEE
55 RECOMMENDATION:
With regret, accept the resignation of Jan Hulahan from the Marketing Committee.
1. With regret, accept the resignation of Gerald Dawson from the Parks & Recreation Committee.
2. 9.e APPOINTMENTS TO THE BUILDING BOARD OF APPEALS 57 RECOMMENDATION:
Appoint John Greenwood, Lindsey Holt, and Nicholas Latkovic to the Building Board of Appeals for terms ending June 30, 2024.
9.f RATIFY LETTERS OF SUPPORT FOR THE CALIFORNIA STATE
UNIVERSITY, SAN BERNARDINO, AND CITY OF INDIAN WELLS
COMMUNITY PROJECT FUNDING REQUESTS
59 RECOMMENDATION:
Ratify issuance of a letter of support for the California State University, San Bernardino (CSUSB), Community Project Funding request for the Artificial Intelligence and Virtual Reality Research and Retraining Center and Nursing Street Medicine Program.
1. Ratify issuance of a letter of support for the City of Indian Wells’ Community Project Funding request to rebuilding the Emergency Operation Center.
2. 9.g REQUEST FOR ADOPTION OF MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF PALM DESERT AND THE PALM DESERT
EMPLOYEE ORGANIZATION EFFECTIVE MARCH 25, 2024, THROUGH JUNE 30, 2026
67 RECOMMENDATION:
Approve the Memorandum of Understanding (MOU) between the City of Palm Desert and the Palm Desert Employee Organization (PDEO) effective March 25, 2024, through June 30, 2026.
1. Authorize the City Manager to take actions to implement the MOU between the City of Palm Desert and PDEO.
2. City Council Meeting
9.h APPROVE A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF PALM DESERT AND GLEN M. KAMMERER AND SHERILL R.
KAMMERER FOR AN APPROXIMATELY 1.01-ACRE SITE ON MOUNTAIN VIEW, ASSESSOR’S PARCEL NO. 637-300-023
71 RECOMMENDATION:
Approve Purchase and Sale Agreement in substantial form for the acquisition of APN 637-300-023.
1. Authorize the Director of Finance to appropriate $1,640,359 from undesignated General Fund Reserve monies to Account No. 1104159-4219100 for the Mountain View Flood Infrastructure Improvements Project.
2. Authorize the City Attorney to make any necessary nonmonetary changes to agreements.
3. Authorize the City Manager to execute all documents necessary to effectuate this action.
4. 9.i APPROVE CHANGE ORDERS/AMENDMENT TO CONTRACTS NO.
C44620A-E FOR ON-CALL FACILITIES REPAIRS & IMPROVEMENTS IN THE AMOUNT OF $1,500,000 (PROJECT NO. MFA00009)
95 RECOMMENDATION:
Approve the increase of the annual aggregate amount to Contracts C44620A-E from $3,000,000 to $4,500,0000 for On-call Facilities Repairs & Improvements.
1. Authorize the City Manager to review and approve up to two, oneyear extensions per vendor contract for an aggregated amount not to exceed $4,500,000.
2. Authorize the City Manager or designee to review and approve change orders for unanticipated conditions per Section 3.30.170 Section A of Ordinance No. 1335.
3. Authorize the City Manager to execute the change orders and amendments.
4. 9.j APPROVE AMENDMENT NO. 7 TO CONTRACT NO. C36620 WITH YMCA
FOR MANAGEMENT OF THE PALM DESERT AQUATIC CENTER
107
RECOMMENDATION:
Approve Amendment No. 7 to update the scope of work for Contract No. C36620 with the Family Young Men’s Christian Association of the Desert (“YMCA”), of Palm Desert, California.
1. Authorize the City Attorney to make any necessary nonmonetary changes to the amendment.
2. Authorize the City Manager to execute Contract No. C36627, Amendment No. 7 to Contract No. C36620.
3. 10. ACTION CALENDAR
The public may comment on individual Action Items within the three-minute time limit. Speakers may utilize one of the three options listed on the first page of the agenda.
City Council Meeting
10.a INTRODUCE AN ORDINANCE RELATIVE TO THE PURCHASING
SYSTEM AND PUBLIC WORKS CONTRACTS AND MAKING FINDINGS
UNDER CEQA
223
RECOMMENDATION:
Introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPLACING CHAPTER 3.30 IN ITS ENTIRETY AND RESCINDING ORDINANCES NO. 224, 423, 586, 927, 928, 986, 1162, 1166, 1204, 1229, 1276, 1317, 1335 AND 1392 RELATIVE TO THE PURCHASING SYSTEM AND PUBLIC
WORKS CONTRACTS AND MAKING FINDINGS UNDER CEQA.”
City Council Meeting
10.b SECOND AMENDED AND RESTATED DDLA, RELATED
RESOLUTIONS, LOANS IN THE AMOUNT OF $1,965,539 AND
$4,789,461 FROM THE AUTHORITY, AND ACTIONS RELATED TO
CONVEYANCE OF THE PARCELS IDENTIFIED AS APN 694-120-028 AND A PORTION OF 694-120-029 FOR AFFORDABLE HOUSING
251
RECOMMENDATION:
City Council: Adopt a Resolution entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, APPROVING A SECOND “AMENDED AND
RESTATED DISPOSITION, DEVELOPMENT AND LOAN
AGREEMENT” REGARDING “PALM VILLAS AT MILLENIUM”
AMONG THE CITY, AS SELLER, THE PALM DESERT HOUSING
AUTHORITY, AS LENDER, AND PALM COMMUNITIES, A
CALIFORNIA LIMITED COMPANY, AS PURCHASER/
BORROWER/ DEVELOPER, IN CONNECTION WITH
APPROXIMATELY 10.49 ACRES OF PROPERTY OWNED BY
THE CITY, AND TAKING RELATED ACTIONS.”
1. Housing Authority: Adopt a Resolution entitled, “A RESOLUTION
OF THE PALM DESERT HOUSING AUTHORITY APPROVING A
SECOND “AMENDED AND RESTATED DISPOSITION,
DEVELOPMENT AND LOAN AGREEMENT” REGARDING “PALM
VILLAS AT MILLENIUM” AMONG THE AUTHORITY, AS
LENDER, THE CITY OF PALM DESERT, AS SELLER, AND
PALM COMMUNITIES, A CALIFORNIA LIMITED COMPANY, AS
PURCHASER/ BORROWER/ DEVELOPER, IN CONNECTION
WITH APPROXIMATELY 10.49 ACRES OF PROPERTY OWNED
BY THE CITY, APPROPRIATING FUNDS IN CONNECTION
THEREWITH, AND TAKING RELATED ACTIONS.”
2. Authorize the Authority to make two loans to the Developer for the purchase of the Property and construction of the Project ($1,965,539 for Phase I and $4,789,461 for Phase II), to be repaid from a percentage of residual receipts (i.e., net income) from the Project over the term of the loans, with any accrued interest and unpaid principal coming due 55 years from the completion of the Project, with such loans being secured by a subordinate deed of trust on the Project.
3. Authorize the Director of Finance to appropriate $6,755,000 from Unobligated Housing Asset Fund balance to the appropriate budget line item.
4. Authorize the Director of Finance to designate the proceeds of the sale of the City-owned property for the purpose of future affordable housing.
5. Authorize Mayor/Chairman, staff, and legal counsel to negotiate, execute and record agreements and necessary documents to effectuate the resolutions, including the conveyance of the Property, the funding commitments, and related actions for the Project as set forth in the Second Amended and Restated DDLA.
6. City Council Meeting
10.c ADOPT THE PALM DESERT BROADBAND FEASIBILITY AND MASTER
PLAN STUDY AND APPROVE RELATED AMENDMENT
559
RECOMMENDATION:
Adopt the Palm Desert Broadband Feasibility and Master Plan Study.
1. Approve Amendment 10 to Contract No. C41690 with HR Green in the amount of $19,884 for management of Request for Proposals (RFP) and grant processes related to broadband.
2. Direct staff to pursue grant funding for implementation of the adopted Broadband Master Plan.
3. Direct staff to release a Request for Proposals (RFP) to identify any partner agencies to execute the adopted Broadband Master Plan Study and middle-mile network.
4. 10.d ADOPTION OF A RESOLUTION ESTABLISHING PROCEDURES FOR
THE APPOINTMENT OF THE MAYOR AND MAYOR PRO TEM
681
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING
PROCEDURES FOR THE APPOINTMENT OF THE MAYOR AND
MAYOR PRO TEM AND RESCINDING RESOLUTION NO. 2021-61.”
11. PUBLIC HEARINGS
The public may comment on individual Public Hearing Items within the threeminute time limit. The applicant or appellant will be provided up to five minutes to make their presentation. Speakers may utilize one of the three options listed on the first page of this agenda.
11.a INTRODUCTION OF AN ORDINANCE TO ADOPT A ZONING
ORDINANCE AMENDMENT TO IMPLEMENT RESIDENTIAL AND
MIXED-USE OBJECTIVE DESIGN STANDARDS AND MAKING A
FINDING OF EXEMPTION UNDER CEQA
687
RECOMMENDATION:
Introduction of an Ordinance entitled, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE PALM DESERT MUNICIPAL CODE TO ADD CHAPTER 25.42 –
MULTIFAMILY AND MIXED-USE OBJECTIVE DESIGN STANDARDS
AND AMENDING OTHER CHAPTERS OF THE ZONING ORDINANCE,
AND MAKING A FINDING OF EXEMPTION UNDER CEQA”
12. INFORMATION ITEMS
13. ADJOURNMENT
City Council Meeting
14. PUBLIC NOTICES
Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated office for inspection of records in connection with this meeting is the Office of the City Clerk, Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda items considered in open session, and documents provided to a majority of the legislative bodies are available for public inspection at City Hall and on the City’s website at www.palmdesert.gov by clicking “Council Agenda” at the top of the page.
Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the city will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible.
AFFIDAVIT OF POSTING
I, Níamh M. Ortega, Assistant City Clerk of the City of Palm Desert, do hereby certify, under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Palm Desert City Council, Successor Agency for the Palm Desert Redevelopment Agency, and Housing Authority, was posted on the City Hall bulletin board and City website www.palmdesert.gov no less than 72 hours prior to the meeting.
/S/ Níamh M. Ortega
Assistant City Clerk
City Council Meeting
1 Study Session of the Palm Desert City Council (CC), Successor Agency to the Palm Desert Redevelopment Agency (SARDA), and Housing Authority (HA) Minutes
March 28, 2024, 3:00 p.m.
Present: Mayor Pro Tem Jan Harnik, Councilmember Kathleen Kelly, Councilmember Gina Nestande, Councilmember Evan Trubee, Mayor Karina Quintanilla
Pursuant to Assembly Bill 2449, this meeting was conducted by teleconference and there was in-person public access to the meeting location.
1. CALL TO ORDER - STUDY SESSION
A Study Session of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, March 28, 2024, at 3:05 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California.
2. STUDY SESSION TOPICS
2.a REQUEST FOR FEEDBACK ON THE FORMATION OF A LIBRARY
ADVISORY COMMITTEE AND A FOUNDATION
Director of Library Services Shaffer narrated a PowerPoint presentation and responded to City Council inquiries.
2.b STUDY SESSION: UPDATE ON ANIMAL SERVICES CONTRACT WITH
RIVERSIDE COUNTY ANIMAL SERVICES
Development Services Director Cannone and Code Compliance Supervisor Rodriguez narrated a PowerPoint presentation and responded to City Council inquiries.
3. ADJOURNMENT
The City Council adjourned the Study Session at 3:50 p.m.
Respectfully submitted,
_________________________
Níamh M. Ortega
Assistant City Clerk/Assistant Secretary
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary
Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority
Regular Meeting Minutes
March 28, 2024, 3:30 p.m.
Present: Mayor Pro Tem Jan Harnik, Councilmember Kathleen Kelly, Councilmember Gina Nestande, Councilmember Evan Trubee, and Mayor Karina Quintanilla
1. CALL TO ORDER - CLOSED SESSION - 3:30 P.M.
A Regular Meeting of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, March 28, 2024, at 3:50 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California.
2. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
None.
3. RECESS TO CLOSED SESSION
Mayor Quintanilla adjourned to Closed Session at 3:51 p.m.
4. CLOSED SESSION AGENDA
4.a Closed Session Meeting Minutes: March 14, 2024
4.b Conference with Real Property Negotiations pursuant to Government Code Section 54956.8
4.b.1 Property Description: 73510 Fred Waring Drive and 74725 Hovley Lane E
Agency: City of Palm Desert
City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja
Negotiating Parties: Crown Castle
Under Negotiation: Price and Terms
4.b.2 Property Description: 73710 Fred Waring Drive; 73520 Fred Waring Drive; and 44400 Town Center Way
Agency: City of Palm Desert
City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja
Negotiating Parties: N/A
Under Negotiation: Price and Terms
4.c Conference with Labor Negotiators pursuant to Government Code Section 54957.6
Agency designated representatives: Todd Hileman/Chris Escobedo/Andrea Staehle Employee organization: Palm Desert Employees Organization
Palm Desert City Council Meeting Minutes
March 28, 2024
2 5. ROLL CALL - REGULAR MEETING - 4:00 P.M.
Following the closed session, the Mayor Quintanilla resumed the regular City Council meeting at 4:32 p.m.
6. PLEDGE OF ALLEGIANCE
Councilmember Kelly led the Pledge of Allegiance.
7. INSPIRATION
Mayor Pro Tem Harnik provided words of inspiration.
8. REPORT OF CLOSED SESSION
City Attorney Shah stated that no reportable actions were taken by the City Council.
9. AWARDS, PRESENTATIONS, AND APPOINTMENTS
Felipe Ortiz, representing Assemblyman Greg Wallis, presented a proclamation to the City of Palm Desert recognizing its achievement as the first city in the State of California to become a Certified Autism Center.
10. CITY MANAGER COMMENTS
None.
11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmembers reported on their attendance at various meetings and events.
Councilmember Kelly congratulated the Joslyn Center for its efforts to become a Certified Autism Center, and thanked the Slaughter family for their generous donation of 10 acres of open land in the foothills of Palm Desert.
12. NON-AGENDA PUBLIC COMMENTS
Brad Anderson, Rancho Mirage resident, suggested that public comment be taken at the study session, closed session should be at the end of regular session.
Michael Nowacki, Palm Desert resident, urged the City Council to direct the City Manager to issue a "cease and desist" letter for non-compliance with a bingo license.
13. CONSENT CALENDAR
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
To approve the consent calendar excluding Items 13.e and 13.f.
Motion Carried (5 to 0)
Palm Desert City Council Meeting Minutes
March 28, 2024
3 13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING
AUTHORITY MINUTES
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Approve the Minutes of March 14, 2024.
Motion Carried (5 to 0)
13.b APPROVAL OF WARRANT REGISTERS
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Approve the warrant registers issued for the period 03/07/2024 to 03/20/2024.
Motion Carried (5 to 0)
13.c ADOPTION OF ORDINANCE NO. 1409 A NOTICE OF EXEMPTION UNDER CEQA AND APPROVE CHANGE OF ZONE 24-0001 TO CHANGE ZONING DESIGNATION OF THE PROPERTIES LOCATED AT 73600 ALESSANDRO
DRIVE FROM DOWNTOWN EDGE TRANSITION OVERLAY (DE-O) TO
DOWNTOWN EDGE (DE)
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Adopt Ordinance No. 1409 entitled “AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF
EXEMPTION PURSUANT TO THE STATE OF CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) AND APPROVING A CHANGE OF ZONE FROM DE-O TO DE FOR THE PROPERTIES LOCATED AT 73600 ALESSANDRO DRIVE (ASSESSOR’S PARCEL NUMBERS 627-153-018, AND 627-153-019) CASE NO. CZ24-0001”
Motion Carried (5 to 0)
Palm Desert City Council Meeting Minutes
March 28, 2024
4 13.d APPROVE CHANGE ORDER NO. 3 INCREASING CONTRACT NO. C41880 WITH MARIPOSA LANDSCAPES, INC., OF IRWINDALE, CALIFORNIA, IN AN ANNUAL AMOUNT NOT TO EXCEED $150,000 AND ADD MAINTENANCE SERVICES TO NON-LANDSCAPED AREAS (PROJECT NO. MLS00008) Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
1. Approve Change Order No. 3 to increase Contract No. C41880 with Mariposa Landscapes, Inc. of Irwindale, California, in an annual amount of $150,000 and add maintenance services to non-landscaped areas for a total annual contract amount of $661,408.56.
2. Increase irrigation, plant, and related extra work and services to an annual amount of $125,000.
3. Authorize the Finance Director to appropriate prorated funds in the amount of $75,000 from Unobligated General Fund to Account No. 1104310-4332000, R/M Streets for Fiscal Year 2023/24.
4. Authorize the City Manager to approve change orders and amendments associated with this contract based on staff’s recommendations.
5. Authorize the City Manager or designee to execute said change order.
Motion Carried (5 to 0)
13.g APPROVE CULTURAL ARTS COMMITTEE FISCAL YEAR 2024/25 WORK PLAN
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Approve the Cultural Arts Committee’s Fiscal Year 2024/25 Work Plan.
Motion Carried (5 to 0)
Palm Desert City Council Meeting Minutes
March 28, 2024
5 13.h APPROVE A FINAL SETTLEMENT AGREEMENT WITH THE MILLENNIUM PALM DESERT HOMEOWNERS’ ASSOCIATION (GENESIS HOA) TO
INSTALL PERIMETER LANDSCAPING AS REQUIRED IN THE ORIGINAL
SUBDIVISION LANDSCAPE PLAN
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
1. Approve a Final Settlement Agreement No. C47330 with the Millennium Palm Desert HOA for a one-time reimbursement of the installation of 33 perimeter trees in an amount not to exceed $20,265.
2. Authorize the City Attorney to make any necessary non-monetary changes to the agreement.
3. Authorize the City Manager to execute the agreement and any documents necessary to effectuate the actions taken herewith.
Motion Carried (5 to 0)
13.i REJECT THE PROPOSAL TO PURCHASE A DIESEL STREET SWEEPER
AND APPROVE THE PROPOSAL TO PURCHASE A CNG STREET SWEEPER
FROM PB LOADER CORPORATION TO IMPROVE CITYWIDE ROADWAY
AND PARKING LOT MAINTENANCE
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
1. Reject previous request to purchase an Elgin Broom Bear Diesel Street Sweeper from Haaker Equipment Company of La Verne, California.
2. Authorize the purchase of a CNG Powered Street Chassis with XBroom (Street Sweeper) from PB Loader Corporation of Fresno, California, in the amount of $624,527.35.
3. Authorize the Director of Finance to set aside a contingency of $25,000 for any unforeseen fees and ancillary equipment.
4. Authorize the Finance Director to appropriate additional funds in the amount of $170,333.08 from unobligated Equipment Replacement Fund Balance to Account No. 5304310-4403000.
5. Authorize City Manager to approve the use of the contingency and any documents necessary to effectuate actions taken herewith.
Motion Carried (5 to 0)
Palm Desert City Council Meeting Minutes
March 28, 2024
6 13.j ADOPT RESOLUTION NO. 2024-010 AUTHORIZING DESTRUCTION OF
OBSOLETE RECORDS FROM THE FINANCE DEPARTMENT
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Adopt Resolution No. 2024-010 entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH
ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF PAPER
RECORDS FROM THE FINANCE DEPARTMENT, AS INDICATED ON THE RECORDS RETENTION SCHEDULE (ADOPTED DECEMBER 15, 2022).
RECORDS FROM 1988-2018 (EXHIBIT A)"
Motion Carried (5 to 0)
13.k APPROPRIATE FUNDS FOR NEW LIBRARY FACILITY PROJECT AND AWARD ARCHITECT CONTRACT NO. C47340 TO RICHÄRD KENNEDY
ARCHITECTS FOR CONCEPTUAL DESIGN SERVICES (PROJECT NO.
CFA00027)
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
1. Award Contract No. C47340 to Richärd Kennedy Architects for Conceptual Design of New Library Facility in an amount not to exceed $514,865 ($499,865 Basic Services + $15,000 reimbursables).
2. Authorize the Director of Finance to set aside a contingency amount of $128,000 for unforeseen circumstances.
3. Authorize the Director of Finance to set aside $157,135 for preconstruction services by other consultants still to be determined.
4. Authorize the Director of Finance to appropriate funds in the amount of $800,000 from Uncommitted General Fund Reserves to Account Number 1104199-4501000 Inter-Fund Transfers Out.
5. Authorize the Director of Finance to transfer funds to the Library TransferIn Account No. 4520000-391000 and appropriate expenditure of funds to Capital Projects Account No. 4524136-4400100 for this purpose.
6. Authorize the City Manager to review and approve written contract change orders requests per Section 3.30.170 of the Palm Desert Municipal Code.
7. Authorize the City Attorney to make any necessary non-monetary changes to the agreement.
8. Authorize the City Manager to execute the agreement and any documents necessary to effectuate the actions taken herewith.
Motion Carried (5 to 0)
Palm Desert City Council Meeting Minutes
March 28, 2024
7 13.l AWARD CONTRACT NO. C47350 TO CAL-STRIPE, INC., FOR ON-CALL
CITYWIDE STREET AND BIKE LANE STRIPING IMPROVEMENTS IN AN ANNUAL AMOUNT NOT TO EXCEED $450,000 (MST00002)
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
1. Award a 27-month Contract No. C47350 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.
Motion Carried (5 to 0)
CONSENT ITEMS HELD OVER
13.e AUTHORIZE AN AMENDMENT TO CONTRACT NO. A43790 WITH FG
CREATIVE INCREASING COMPENSATION FOR PALM DESERT AQUATIC
CENTER MARKETING SERVICES
Public Affairs Manager Soule responded to City Council inquiries.
Motion by: Mayor Pro Tem Harnik
Seconded by: Councilmember Kelly
1. Authorize an amendment to Contract No. A43790 with FG Creative for Palm Desert Aquatic Center marketing services to increase compensation in the amount of $7,700.
2. Authorize the City Attorney to make any necessary nonmonetary changes to the agreement.
3. Authorize the City Manager to execute said agreement on behalf of the City.
Motion Carried (5 to 0)
Palm Desert City Council Meeting Minutes
March 28, 2024
8 13.f AUTHORIZE AN AMENDMENT TO CONTRACT NO. C43370 TO INCREASE
THE CITY'S CONTRACT WITH FG CREATIVE FOR EL PASEO PARKING &
BUSINESS IMPROVEMENT DISTRICT MARKETING SERVICES
Motion by: Mayor Pro Tem Harnik
Seconded by: Councilmember Kelly
1. Authorize an amendment to Contract C43370 with FG Creative in the amount of $15,000.
2. Authorize the City Attorney to make any necessary nonmonetary changes to the agreement.
3. Authorize the City Manager to execute said agreement on behalf of the City.
Motion Carried (5 to 0)
14. ACTION CALENDAR
14.a 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
Public Works Deputy Director Chavez narrated a PowerPoint presentation and responded to City Council inquiries.
Motion by: Councilmember Nestande
Seconded by: Mayor Pro Tem Harnik
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.
Motion Carried (5 to 0)
Palm Desert City Council Meeting Minutes
March 28, 2024
9 14.b APPROVE REPLACEMENT OF A BRONZE PLAQUE AT THE DESERT
HOLOCAUST MEMORIAL
Economic Development Deputy Director Lawrence presented a staff report and responded to City Council inquiries.
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Approve replacement of a bronze plaque at the Desert Holocaust Memorial.
Motion Carried (5 to 0)
14.c APPROVE PLACEMENT OF PEACE POLE AT THE COMMUNITY ROSE
GARDEN IN CIVIC CENTER PARK
Economic Development Deputy Director Lawrence presented a staff report and responded to City Council inquiries.
Motion by: Councilmember Trubee
Seconded by: Councilmember Nestande
Approve Placement of Peace Pole at the Community Rose Garden in Civic Center Park.
Motion Carried (5 to 0)
14.d RESOLUTION NO. 2024-011 ESTABLISHING PROCEDURES FOR THE
SELECTION OF THE MAYOR AND MAYOR PRO TEM
City Clerk Mejia narrated a PowerPoint presentation and responded to City Council inquiries.
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Direct staff to proceed with preparing a seniority-based rotation, and to evaluate whether there are any unknown issues related to the policy for consideration at a future meeting.
Motion Carried (4 to 0), with Mayor Quintanilla abstaining.
15. PUBLIC HEARINGS
None.
16. INFORMATION ITEMS
None.
Palm Desert City Council Meeting Minutes
March 28, 2024
10 17. ADJOURNMENT
The City Council adjourned at 5:56 p.m.
Respectfully submitted,
_________________________
Níamh M. Ortega
Assistant City Clerk/Assistant Secretary
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
3/20/2024 - 3/31/2024
City of Palm Desert
Account Number
W1 00001504 03/20/2024 Amazon Capital Services Inc. 1104111 4306300 Planning Com. Water Bottle 1443L9QPJ7Y9 17.86 W1 02002359 03/20/2024 QUINTANILLA, KARINA 1100000 1150100 Env. Policy 3.22.24 K. Quintan ADV MEI 3.22.24 111.00 W1 02002359 03/20/2024 QUINTANILLA, KARINA 1100000 1150100 Env. Pol. 3.22.24 K. Quintanil ADV LDG 3.22.24 288.00 W1 02002359 03/20/2024 QUINTANILLA, KARINA 1100000 1150100 Env. Pol. 3.22.24 K. Quintanil ADV MILE 3.22.24 180.90 Examined and Approved Total For Bank ID - W1
597.76 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 03/31/2024 Page 1
City and Housing
DocuSign Envelope ID: 0FE31934-EB45-4805-9A10-38D0E37A120E
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
3/22/2024 - 3/31/2024
City of Palm Desert
Account Number
W1 00001505 03/22/2024 AMS CONNECT 1104340 4331000 R/M ALARM - CITY HALL 4250079 154.00 W1 00001506 03/22/2024 BEST BEST & KRIEGER LLP 1104120 4301500 MONTHLY RETAINER THRU 2/24 990220 25,714.00 W1 00001506 03/22/2024 BEST BEST & KRIEGER LLP 1104121 4301500 Article 34 LGL 2/24 990130 1,636.80 W1 00001506 03/22/2024 BEST BEST & KRIEGER LLP 8714195 4301500 HA LGL 2/24 990130 1,864.40 W1 00001507 03/22/2024 CORONA CLAY COMPANY 1104159 4219100 FREEDOM PARK FIELD STORM REPAI 15358 4,368.75 W1 00001508 03/22/2024 FG CREATIVE INC 2424549 4309000 PADDLE.NET* INISEVLTD 10213 28.66 W1 00001508 03/22/2024 FG CREATIVE INC 2424549 4309000 Retainer: monthly 10213 950.00 W1 00001508 03/22/2024 FG CREATIVE INC 2424549 4309000 Retainer: Strategic planning s 10213 2,500.00 W1 00001508 03/22/2024 FG CREATIVE INC 2424549 4309000 Online Advertising: Develop 10213 1,500.00 W1 00001508 03/22/2024 FG CREATIVE INC 2424549 4309000 Graphic Design: 10213 500.00 W1 00001508 03/22/2024 FG CREATIVE INC 2424549 4309000 Website Design and Updates 10213 300.00 W1 00001508 03/22/2024 FG CREATIVE INC 2424549 4309000 Retaininer: Mo Acct FB24 10207 600.00 W1 00001508 03/22/2024 FG CREATIVE INC 2424549 4309000 Public Relations FB24 10207 500.00 W1 00001508 03/22/2024 FG CREATIVE INC 2424549 4309000 Graphic Design FB24 10207 200.00 W1 00001508 03/22/2024 FG CREATIVE INC 2424549 4309000 Website Design & support FB24 10207 300.00 W1 00001508 03/22/2024 FG CREATIVE INC 1104430 4309000 Merchant Business 2/2024 10212 1,500.00 W1 00001509 03/22/2024 IDEA PEDDLER LLC 1104417 4309000 Strategy & Acct Mgm Mar24 2424 4,416.66 W1 00001509 03/22/2024 IDEA PEDDLER LLC 1104417 4309000 Public Relations - Mar24 2426 2,916.66 W1 00001509 03/22/2024 IDEA PEDDLER LLC 1104417 4309000 Media Management - Mar24 2427 4,416.66 W1 00001509 03/22/2024 IDEA PEDDLER LLC 1104417 4309000 Social Media - Mar24 2425 2,416.66 W1 00001510 03/22/2024 INTERWEST CONSULTING GROUP INC. 1104470 4300500 PD UNSP UPDATE-JAN 24 204992 9,787.44 W1 00001511 03/22/2024 MICHAEL BAKER INTERNATIONAL INC 2134633 5000103 ENGINEERING SERVICES FOR THE 1205591 18,409.85 W1 00001512 03/22/2024 MUIR , SHAWN 1104614 4311500 2024 CPRS CONF MILEAGE -SM 2024 CPRS-SM 17.29 W1 00001512 03/22/2024 MUIR , SHAWN 1104614 4312000 2024 CPRS CONFERENCE REIMB -SM 2024 CPRS-SM 415.00 W1 00001513 03/22/2024 OTIS ELEVATOR CO 5104195 4369500 MR24 ELEVATOR SVC SHERIFF CTR 100401465738 210.05 W1 00001514 03/22/2024 PALM DESERT CHAMBER OF COMMERCE 1104430 4312500 Business Breakfast 3/12/24 75069 30.00 W1 00001514 03/22/2024 PALM DESERT CHAMBER OF COMMERCE 1104430 4312500 Chamber Mixer LQ 74987 10.00 Report Date 03/31/2024 Page 1
City and Housing
DocuSign Envelope ID: 4C9DB7F0-AF2D-487F-8CAD-8EDB72BE37A3
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
3/22/2024 - 3/31/2024
City of Palm Desert
Account Number
W1 00001515 03/22/2024 PALM DESERT PACIFIC OWNER LLC 4254430 4331000 MALL CAM CHARGES JAN 24 CAM012024 6,713.74 W1 00001515 03/22/2024 PALM DESERT PACIFIC OWNER LLC 4254430 4331000 MALL CAM CHARGES FEB 24 CAM022024 6,713.74 W1 00001515 03/22/2024 PALM DESERT PACIFIC OWNER LLC 4254430 4331000 MALL CAM CHARGES DEC 23 CAM122023 6,713.74 W1 00001516 03/22/2024 RICHARDS WATSON & GERSHON INC 1104121 4301500 City LGL SVC - 1/24 246803 649.28 W1 00001516 03/22/2024 RICHARDS WATSON & GERSHON INC 1104159 4309300 MALL LGL SVC -1/24 246803 51.94 W1 00001516 03/22/2024 RICHARDS WATSON & GERSHON INC 8714195 4301500 HA LGL SVC-1/24 246802 2,119.00 W1 00001516 03/22/2024 RICHARDS WATSON & GERSHON INC 8734195 4301500 Arc Village LGL SVC - 1/24 246802 286.95 W1 00001516 03/22/2024 RICHARDS WATSON & GERSHON INC 8734195 4301500 UHC LGL SVC - 1/24 246802 1,302.30 W1 00001516 03/22/2024 RICHARDS WATSON & GERSHON INC 8734195 4301500 HAF LGL SVC - 1/24 246802 6,379.08 W1 00001517 03/22/2024 SIGNARAMA 1100000 3221100 FULL REFUND EASE24-0001 EASE24-0001 468.00 W1 00001518 03/22/2024 STAPLES BUSINESS ADVANTAGE 1104417 4211000 Staples March 3561717387 50.33 W1 00001518 03/22/2024 STAPLES BUSINESS ADVANTAGE 1104150 4211000 6 Clear Folders S.Kolbeck 3561224392 8.89 W1 00001518 03/22/2024 STAPLES BUSINESS ADVANTAGE 1104159 4211000 Supplies for supply room 3561224392 36.70 W1 00001518 03/22/2024 STAPLES BUSINESS ADVANTAGE 1104430 4211000 Art & essay Suppl 3559384865 22.42 W1 00001518 03/22/2024 STAPLES BUSINESS ADVANTAGE 1104430 4211000 Art&Essay Supplies 3559384866 40.77 W1 00001519 03/22/2024 VINTAGE ASSOCIATES 1104159 4219100 August '23 Weather Event: Park 231411 1,110.00 W1 00001519 03/22/2024 VINTAGE ASSOCIATES 1104159 4219100 August '23 Weather Event: Park 232258 9,040.35 W1 00001519 03/22/2024 VINTAGE ASSOCIATES 1104159 4219100 August '23 Weather Event: Park 232261 7,782.92 W1 00001519 03/22/2024 VINTAGE ASSOCIATES 1104611 4332001 FB24 LMA 16 LANDSE MAINT-PARKS 232141 26,098.00 W1 00001519 03/22/2024 VINTAGE ASSOCIATES 1104611 4332501 LMA 16 COURT MAINT - PARKS 232141 1,135.00 W1 00001519 03/22/2024 VINTAGE ASSOCIATES 1104611 4391000 LMA 16 LANDSCAPE MAINT - COMM 232141 837.00 W1 00001519 03/22/2024 VINTAGE ASSOCIATES 2764374 4332000 LMA 16 LANDSCAPE MAINT - HAYST 232141 3,650.00 W1 00001519 03/22/2024 VINTAGE ASSOCIATES 1104611 4332001 LMA 16 - UNIVERSITY PARKS 232141 2,200.00 W1 00001520 03/22/2024 VITAC CORPORATION 1104190 4362001 Live Captioning Services for C INVVIT121713 472.50 W1 00001521 03/22/2024 Zoho Corporation 1104190 4362001 Manage Svc Desk Plus remai bal 2397588 450.00 W1 02002361 03/22/2024 ACCURATE FIRST AID SERVICES 1104330 4219000 FIRST AID SUPPLIES - CORPYARD C-2210 218.94 W1 02002361 03/22/2024 ACCURATE FIRST AID SERVICES 1104330 4219000 FIRST AID SUPPLIES - CORPYARD C-2322 131.36 Report Date 03/31/2024 Page 2
City and Housing
DocuSign Envelope ID: 4C9DB7F0-AF2D-487F-8CAD-8EDB72BE37A3
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
3/22/2024 - 3/31/2024
City of Palm Desert
Account Number
W1 02002361 03/22/2024 ACCURATE FIRST AID SERVICES 1104330 4219000 FIRST AID SUPPLIES - CORPYARD C-2359 148.11 W1 02002362 03/22/2024 AIR & HOSE SOURCE INC 1104310 4219000 STREET MAINT SUPPLIES 542568 69.60 W1 02002363 03/22/2024 BECK OIL INC 1104331 4217000 SUPPLY OF GAS AND DIESEL FUEL 101963 4,946.38 W1 02002364 03/22/2024 BLINDS ETC. 1104340 4331000 BLINDS INSTALL - PW OFFICES 24353 490.15 W1 02002365 03/22/2024 BSN SPORTS LLC 1104611 4219000 SOCCER GOAL/NETS - PARKS 924634261 4,696.58 W1 02002366 03/22/2024 C A P I O 1104430 4312000 Webinar - Special Events 20521 45.00 W1 02002367 03/22/2024 CALIFORNIA BUILDING OFFICIALS 1104420 4312000 Webinar J. Finley & D. Olson 17359 160.00 W1 02002367 03/22/2024 CALIFORNIA BUILDING OFFICIALS 1104420 4312500 CALBO ABM Esmeralda-J. Finley 17358 645.00 W1 02002367 03/22/2024 CALIFORNIA BUILDING OFFICIALS 1104420 4312500 CALBO ABM Esmeralda-D. Olson 17358 430.00 W1 02002368 03/22/2024 CASH, PETTY 1104150 4312500 Soroptimist event 3/08/24 CHAVEZ 3/11/24 60.00 W1 02002368 03/22/2024 CASH, PETTY 1104154 4305600 livescan CARRANZA 2/29/24 62.00 W1 02002368 03/22/2024 CASH, PETTY 1104190 4311500 mileage 1/30/24 SANTOS 2/21/24 129.04 W1 02002368 03/22/2024 CASH, PETTY 1104430 4211000 Art & Essay - Stationery DEBBIE 2/29/24 46.32 W1 02002368 03/22/2024 CASH, PETTY 4364650 4219000 Pictures for 2024 student Art DEBBIE 3/17/24 20.58 W1 02002368 03/22/2024 CASH, PETTY 4364650 4312500 Local Meetings LAWRENCE 2/28/24 48.08 W1 02002369 03/22/2024 COACHELLA VALLEY 4254430 4400100 iHUB Furniture & Equipment par 3946 10,000.00 W1 02002370 03/22/2024 COACHELLA VALLEY WATER DIST. 1104310 4351000 21 CONSTRUCTION JAN24 820221768036JN24 228.76 W1 02002370 03/22/2024 COACHELLA VALLEY WATER DIST. 1104310 4351000 21 CONSTRUCTION FEB24 820221768036FB24 177.24 W1 02002370 03/22/2024 COACHELLA VALLEY WATER DIST. 1104310 4351000 68 CONSTRUCTION FEB24 306749767878FB24 340.94 W1 02002371 03/22/2024 CONSOLIDATED ELECTRICAL 1104340 4331000 R/M BLDG SUPPLIES - CITY HAL 5725-1107677 174.56 W1 02002371 03/22/2024 CONSOLIDATED ELECTRICAL 1104340 4331000 R/M BLDG SUPPLIES - CITY HALL 5725-1113135 101.50 W1 02002371 03/22/2024 CONSOLIDATED ELECTRICAL 1104340 4331000 R/M LIGHTING - CITY HALL 5725-1115650 125.74 W1 02002371 03/22/2024 CONSOLIDATED ELECTRICAL 1104610 4331000 R/M BUILDING SUPPLIES - CREDIT 5725-1105076 -514.68 W1 02002371 03/22/2024 CONSOLIDATED ELECTRICAL 5104195 4369500 BLDG SUPPLIES - SHERIFF CENTER 5725-1111994 375.79 W1 02002372 03/22/2024 CSMFO 1104150 4361000 23/24 CSMFO Plaque Award INV-1114 50.00 W1 02002373 03/22/2024 DANIEL HURTADO 1104159 4311500 Mileage 2/20-2/23/24 D Hurtado EMERCON02.20.24 353.22 W1 02002374 03/22/2024 DATA TICKET INC 1104422 4309000 CITATTION PROCESSING FEB-24 162800 344.81 Report Date 03/31/2024 Page 3
City and Housing
DocuSign Envelope ID: 4C9DB7F0-AF2D-487F-8CAD-8EDB72BE37A3
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
3/22/2024 - 3/31/2024
City of Palm Desert
Account Number
W1 02002375 03/22/2024 Desert Sewer Supply Inc 1104310 4219000 STREET MAIN SUPPLIES 31795 556.02 W1 02002376 03/22/2024 DESERT TREE SPRAYING 1104610 4332001 FEB24 RODENT CONTROL - CC PARK 2625 290.00 W1 02002376 03/22/2024 DESERT TREE SPRAYING 1104611 4332001 FEB24 RODENT CONTROL - PARKS 2625 275.00 W1 02002376 03/22/2024 DESERT TREE SPRAYING 1104611 4391000 FEB24 RODENT CONTROL - GARDENS 2625 80.00 W1 02002376 03/22/2024 DESERT TREE SPRAYING 1104614 4392101 FEB24 RODENT CONTROL - ENTRADA 2625 130.00 W1 02002376 03/22/2024 DESERT TREE SPRAYING 2854374 4332100 FEB24 RODENT CONTROL - K/B 2625 80.00 W1 02002377 03/22/2024 DOKKEN ENGINEERING 2134359 4400100 PROVIDE ENGINEERING AND 45464 1,960.00 W1 02002378 03/22/2024 ESCRIBE SOFTWARE LTD. 1104190 4362001 Agenda Management Software 5840 17,640.00 W1 02002378 03/22/2024 ESCRIBE SOFTWARE LTD. 1104190 4362001 Agenda Management Software 5849 10,010.00 W1 02002379 03/22/2024 EXCEL LANDSCAPE INC 1104159 4219100 STORM CLEANUP - FREEDOM 108211 5,950.25 W1 02002380 03/22/2024 FIDELITY NATIONAL TITLE COMPANY 1104430 4309000 Title Land Dnt 628-030-011&009 30092537 2,180.00 W1 02002381 03/22/2024 GANNETT CALIFORNIA LOCALIQ 1104111 4321000 Legal Adv. Feb24 0006276061 3,808.44 W1 02002382 03/22/2024 GLS US 1104150 4366000 BBK Law Shipment 5244909 3.80 W1 02002383 03/22/2024 GREAT WESTERN INSTALLATIONS 1104611 4332501 R/M UNIVERSITY PARK 2311109 1,995.00 W1 02002384 03/22/2024 HYDRATE HQ 1104340 4309000 WATER COOLER RENTAL CASD2277 590.00 W1 02002385 03/22/2024 INTERNATIONAL ECONOMIC 1104430 4363000 2024/25 Renewal IEDC 292168IEDC2024 341.25 W1 02002386 03/22/2024 IPERMIT 1100000 3221100 REFUND 80% HVRC23-0699 HVRC23-0699 127.20 W1 02002387 03/22/2024 JTB SUPPLY COMPANY INC. 1104250 4332500 PURCHASE OF TRAFFIC EQUIPMENT 112917 2,183.44 W1 02002387 03/22/2024 JTB SUPPLY COMPANY INC. 1104250 4332500 PURCHASE OF TRAFFIC EQUIPMENT 112917 19.20 W1 02002388 03/22/2024 KINCAID INDUSTRIES INC 2304220 4331000 R/M PLUMBING - FIRE STATION 33 5357 300.00 W1 02002388 03/22/2024 KINCAID INDUSTRIES INC 2424549 4331101 R/M PLUMBING - AQUATIC CTR 5354 300.00 W1 02002388 03/22/2024 KINCAID INDUSTRIES INC 5104195 4369500 R/M PLUMBING - SHERIFF CTR 5369 300.00 W1 02002389 03/22/2024 LAUTZENHISER'S STATIONERY INC 1104111 4211000 Minute Paper 13095 651.65 W1 02002390 03/22/2024 LOCK SHOP INC. 1104430 4309000 Shadw Mntn Lock servi 117729 110.00 W1 02002390 03/22/2024 LOCK SHOP INC. 1104330 4331000 DOOR LOCK SRVS - CORPYARD E628237 406.67 W1 02002390 03/22/2024 LOCK SHOP INC. 1104611 4331000 DOOR LOCK SRV - PARKS A135774 165.89 W1 02002391 03/22/2024 LOWE'S HOME CENTERS INC. 1104310 4219000 STREET MAINT SUPPLIES 996714-013024 764.65 Report Date 03/31/2024 Page 4
City and Housing
DocuSign Envelope ID: 4C9DB7F0-AF2D-487F-8CAD-8EDB72BE37A3
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
3/22/2024 - 3/31/2024
City of Palm Desert
Account Number
W1 02002392 03/22/2024 M & M SWEEPING INC. 1104310 4332000 JAN24 RES/COM ST SWEEPING 66586 15,897.08 W1 02002392 03/22/2024 M & M SWEEPING INC. 1104330 4331000 PARKING LOT SWEEPING - CY 66586 340.00 W1 02002392 03/22/2024 M & M SWEEPING INC. 1104610 4332100 PARKING LOT SWEEPING - CC PARK 66586 764.00 W1 02002392 03/22/2024 M & M SWEEPING INC. 1104611 4332501 PARKING LOT SWEEPING - PARKS 66586 616.00 W1 02002392 03/22/2024 M & M SWEEPING INC. 1104614 4392101 PARKING LOT SWEEPING - ENTRADA 66586 247.00 W1 02002392 03/22/2024 M & M SWEEPING INC. 2424549 4331101 PARKING LOT SWEEPING - AQUATIC 66586 140.00 W1 02002392 03/22/2024 M & M SWEEPING INC. 2774373 4309103 PARKING LOT SWEEPING - PRESIDE 66586 593.00 W1 02002392 03/22/2024 M & M SWEEPING INC. 2824373 4309103 PARKING LOT SWEEPING - PRESIDE 66586 458.00 W1 02002392 03/22/2024 M & M SWEEPING INC. 5104195 4369601 PARKING LOT SWEEPING - PARKVIE 66586 188.00 W1 02002393 03/22/2024 MEJIA, ANTHONY 1104110 4211000 Nestande Condolence Flowers MEJIA 3.8.24 177.79 W1 02002394 03/22/2024 MILLER, BRIDGET MAE 4364650 4309200 Art Essay Award Ceremony Photo 00761 300.00 W1 02002395 03/22/2024 MMASC 1104430 4312500 Firehouse Lunch 9161 15.00 W1 02002396 03/22/2024 MOWERS PLUS INC 1104331 4404000 EQUIPMENT PURCHASE - CORPYARD 290304 2,363.61 W1 02002397 03/22/2024 OMNIS INC 1104313 4332000 PARKING LOT PAVEMENT MGMT 24008 4,565.00 W1 02002398 03/22/2024 PBK ARCHITECTS INC 2354270 4400100 FS 102 - NS FIRE STATION PP#10 17,436.11 W1 02002399 03/22/2024 POWELL, ERICA 1104430 4211000 Office Supplies STAPLES ART ESSA 46.32 W1 02002399 03/22/2024 POWELL, ERICA 4364650 4312500 Art Essay Award Cerem cookie ALBERTSONS ERICA 82.24 W1 02002400 03/22/2024 POWERSTRIDE BATTERY COMPANY INC 1104250 4332500 TRAFFIC SIGNAL BATTERIES P699969 165.31 W1 02002401 03/22/2024 Riverside County Office 1104430 4312000 Spons EconForcst Silvr 4/18/24 2024-24 1,000.00 W1 02002402 03/22/2024 SAM'S FENCE COMPANY 1104310 4332000 SUPPLY SNOW FENCE 20950 4,396.22 W1 02002403 03/22/2024 SENGA ENERGY LLC 1100000 3221100 REFUND 80% SOLR23-1040 SOLR23-1040 211.20 W1 02002404 03/22/2024 STEVE OLSON 1104420 4391500 BOOT REIM S. OLSON 022324 BOOTREIM 22324SO 250.00 W1 02002405 03/22/2024 SUNBELT RENTALS INC 1104310 4343000 DUMP TRUCK RENTAL 147778797-0001 2,955.60 W1 02002405 03/22/2024 SUNBELT RENTALS INC 1104310 4343000 RENTAL EQ FOR LIC A TESTING 147671243-0001 1,019.76 W1 02002405 03/22/2024 SUNBELT RENTALS INC 1104310 4343000 CREDIT FOR RENTAL EQ 147671243-0002 -564.35 W1 02002406 03/22/2024 SUNPOWER CORPORATION SYSTEM 1100000 3221100 REFUND 80% SOLR23-0959 SOLR23-0959 211.20 W1 02002407 03/22/2024 SUNRUN INSTALLATION SERVICES INC 1100000 3221100 REFUND 80% SOLR23-1039 SOLR23-1039 211.20 Report Date 03/31/2024 Page 5
City and Housing
DocuSign Envelope ID: 4C9DB7F0-AF2D-487F-8CAD-8EDB72BE37A3
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
3/22/2024 - 3/31/2024
City of Palm Desert
Account Number
W1 02002408 03/22/2024 SUPERIOR READY MIX CONCRETE 1104310 4219000 STREET MAINT SUPPLIES 404133 428.79 W1 02002409 03/22/2024 THE RETAIL COACH LLC 1104430 4309000 Retail Mkt Analysis - Instl 4 5194 4,583.00 W1 02002409 03/22/2024 THE RETAIL COACH LLC 1104430 4309000 Retail Mkt Analysis - Instll 3 5155 4,583.00 W1 02002410 03/22/2024 TOPS N BARRICADES INC. 1104310 4219000 STREET AND TRAFFIC SUPPLIES 1103348 151.22 W1 02002410 03/22/2024 TOPS N BARRICADES INC. 1104614 4219000 RAIN JACKETS 1105102 422.66 W1 02002411 03/22/2024 UNITED STORM WATER INC. 4204314 4332000 CATCH BASIN / DRAIN SW41271 171,135.50 W1 02002412 03/22/2024 VALLEY TRACTOR AND FORKLIFT 1104331 4334000 EQUIP REPAIRS - LIGHT TOWERS 4989 577.95 W1 02002413 03/22/2024 VARIETY-THE CHILDREN'S 1104800 4388600 Jan Harnik-Women of Wonder WOMEN OF WONDER 125.00 W1 02002413 03/22/2024 VARIETY-THE CHILDREN'S 1104800 4388600 Evan Trubee-Women of Wonder WOMEN OF WONDER 125.00 W1 02002414 03/22/2024 WAXIE 1104340 4219000 JANITORIAL SUPPLIES 82199648 56.75 W1 02002415 03/22/2024 WEST COAST ARBORISTS INC 1104159 4219100 August '23 Weather Event: Tree 211492 20,132.00 W1 02002416 03/22/2024 XPRESS GRAPHICS 2134633 5000103 MAILERS FOR WALK N ROLL PRJCT #24-60185 851.75 W1 02002417 03/22/2024 ZUMAR INDUSTRIES INC. 1104310 4219000 SHIPPING COST - SIGNS 8783FRT1 202.34 W1 02002417 03/22/2024 ZUMAR INDUSTRIES INC. 1104310 4219000 STREET MAINT SUPPLIES 8871 868.65 Examined and Approved Total For Bank ID - W1
503,647.91 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 03/31/2024 Page 6
City and Housing
DocuSign Envelope ID: 4C9DB7F0-AF2D-487F-8CAD-8EDB72BE37A3
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
3/22/2024 - 3/31/2024
City of Palm Desert
Account Number
W3 00002528 03/22/2024 RICHARDS WATSON & GERSHON INC 7034121 4301500 SA Bonds LGL SVC -1/24 246802 22.07 W3 00002529 03/22/2024 US BANK 7030000 1430100 2017A US BANK FEES 7/24-1/25 7234037 1,458.33 W3 00002529 03/22/2024 US BANK 7030000 1430100 2017B US BANK FEES 7/24-1/25 7234037 1,458.33 W3 00002529 03/22/2024 US BANK 7034195 4309000 2017A US BANK FEES 2/24-6/24 7234037 1,041.67 W3 00002529 03/22/2024 US BANK 7034195 4309000 2017B US BANK FEES 2/24-6/24 7234037 1,041.67 Examined and Approved Total For Bank ID - W3
5,022.07 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 03/31/2024 Page 7
Successor Agency
DocuSign Envelope ID: 4C9DB7F0-AF2D-487F-8CAD-8EDB72BE37A3
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
3/25/2024 - 3/31/2024
City of Palm Desert
Account Number
W1 02002418 03/25/2024 RIELY OSMOND 1100000 3188300 TOT Reimbursement TOT REIMB-OSMOND 4,254.61 W1 02002418 03/25/2024 RIELY OSMOND 1100000 3199800 TOT Accrued Interest Reimb TOT REIMB-OSMOND 13.86 W1 02002418 03/25/2024 RIELY OSMOND 1100000 3199800 TOT Late Penalty Reimb TOT REIMB-OSMOND 138.55 W1 02002418 03/25/2024 RIELY OSMOND 1104159 4363000 ACH Processing Fee TOT REIMB-OSMOND 130.64 Examined and Approved Total For Bank ID - W1
4,537.66 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 03/31/2024 Page 1
City and Housing
DocuSign Envelope ID: AB0BAABD-F4D1-49AE-95FF-BF0ACEB32C74
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
3/29/2024 - 3/31/2024
City of Palm Desert
Account Number
W1 00001523 03/29/2024 AETNA RESOURCES FOR LIVING 1104154 4309000 APR 2024 Employee Assistance E0313852 173.75 W1 00001524 03/29/2024 AIR EXCHANGE INC 2304220 4331000 R/M PLYMOVENT EXHAUST SYSTEM 91611061 600.45 W1 00001524 03/29/2024 AIR EXCHANGE INC 2304220 4331000 R/M PLYMOVENT EXHAUST SYSTEM 91611055 1,167.52 W1 00001525 03/29/2024 ALZHEIMERS COACHELLA VALLEY 1104800 4388600 Harnik ACV Endless Poss. Reg. 3.13.24 250.00 W1 00001526 03/29/2024 AVENU MUNISERVICES LLC 1104159 4309000 TOT Compliance Review 2024 INV06-018108 67,527.62 W1 00001527 03/29/2024 CDW LLC 5304190 4404000 FY2324 Monitor Replacement QG86173 254.50 W1 00001527 03/29/2024 CDW LLC 1104190 4212000 Adapter Traffic PZ77794 106.88 W1 00001527 03/29/2024 CDW LLC 1104190 4362001 2/1/24-2/29/24 AWS Consumption ZR00461582 699.51 W1 00001527 03/29/2024 CDW LLC 5304190 4404000 FY2324 speaker/webcam Replace QF03048 18.76 W1 00001527 03/29/2024 CDW LLC 5304190 4404000 FY2324 2 Laptops Replacement QC59044 2,223.87 W1 00001527 03/29/2024 CDW LLC 5304190 4404000 FY2324 screen/stand Replace QC83316 2,116.99 W1 00001527 03/29/2024 CDW LLC 5304190 4404000 FY2324 Phone Case Replacement QC59503 37.64 W1 00001527 03/29/2024 CDW LLC 1104190 4362001 Dec23 AWS Consumption ZR00440425 672.17 W1 00001527 03/29/2024 CDW LLC 1104190 4362001 Nov23 AWS Consumption ZR00429714 660.22 W1 00001527 03/29/2024 CDW LLC 5304190 4404000 FY2324 speaker/webcam Replace QF03048 253.29 W1 00001528 03/29/2024 CORONA CLAY COMPANY 1104159 4219100 FREEDOM PARK FIELD STORM R/M 15460 4,368.75 W1 00001529 03/29/2024 DESERT PUBLICATIONS INC 1104800 4306201 Fashion Week El Paseo 2024 993721 300,000.00 W1 00001530 03/29/2024 FEDERAL EXPRESS CORP. 1104110 4366000 ICSC Lockbox 8-431-83814 14.95 W1 00001530 03/29/2024 FEDERAL EXPRESS CORP. 1104422 4366000 HDL Biz Lic Renewals 8-431-83814 36.01 W1 00001530 03/29/2024 FEDERAL EXPRESS CORP. 1104422 4366000 OVERNIGHT SHIP FOR DEPOSIT 8-439-00196 44.25 W1 00001531 03/29/2024 FIRSTCHOICE COFFEE SERVICE 1104340 4219000 COFFEE AND KITCHEN SUPPLIES 736201 120.00 W1 00001532 03/29/2024 HIGH TECH IRRIGATION INC. 1104610 4332001 IRRIGATION SUPPLIES - CC PARK 784739 256.74 W1 00001532 03/29/2024 HIGH TECH IRRIGATION INC. 1104614 4337001 PESTICIDES - ELDORADO 784000 24.03 W1 00001533 03/29/2024 HORIZON PROFESSIONAL LANDSCAPE 2774373 4332100 EXTRA WORK - PP I / II 6694 1,280.00 W1 00001534 03/29/2024 HR GREEN PACIFIC INC 2134250 5000906 TRAFFIC ENGINEERING / DESIGN 172666 11,512.00 W1 00001535 03/29/2024 IDEA PEDDLER LLC 1104417 4322100 Media Buys - February 2439 83,262.98 W1 00001536 03/29/2024 KEYSER MARSTON ASSOCIATES INC 8734195 4309000 Financial Analysis of UHC proj 0038169 442.50 Report Date 03/31/2024 Page 1
City and Housing
DocuSign Envelope ID: 854B4F4F-2186-432B-9C01-0973824EBE18
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
3/29/2024 - 3/31/2024
City of Palm Desert
Account Number
W1 00001537 03/29/2024 KIMLEY-HORN AND ASSOCIATES INC. 1104430 4309000 Rail Station Feb '24 27364532 61,032.46 W1 00001537 03/29/2024 KIMLEY-HORN AND ASSOCIATES INC. 2134250 5000907 TRAFFIC OPERATION - AMEND 2 27443329 26,254.60 W1 00001538 03/29/2024 MARIPOSA LANDSCAPES INC 1104614 4337001 EXTRA WORK - LMA 9 MEDIANS 106782 378.00 W1 00001538 03/29/2024 MARIPOSA LANDSCAPES INC 1104614 4337001 LMA 1 ALLOWABLE EXTRA WORK 105707 3,115.43 W1 00001538 03/29/2024 MARIPOSA LANDSCAPES INC 1104614 4337001 LMA 1 ALLOWABLE EXTRA WORK 106070 2,622.56 W1 00001538 03/29/2024 MARIPOSA LANDSCAPES INC 1104614 4337001 LMA 1 ALLOWABLE EXTRA WORK 106863 1,468.03 W1 00001538 03/29/2024 MARIPOSA LANDSCAPES INC 1104614 4337001 LMA 1 ALLOWABLE EXTRA WORK 106866 3,273.79 W1 00001538 03/29/2024 MARIPOSA LANDSCAPES INC 1104614 4392101 EXTRA WORK - ENTRADA DEL PASEO 106025 788.85 W1 00001539 03/29/2024 MARKS ARCHITECTS INC 5104361 4400100 ENG / DESIGN - PARKVIEW 3023002.05 25,000.00 W1 00001540 03/29/2024 OPENGOV INC 1100000 1430100 OMS Plus (50 users)7/24-11/24 INV12945 19,859.02 W1 00001540 03/29/2024 OPENGOV INC 1104190 4362001 OMS Plus (50 users)12/23-6/24 INV12945 27,802.64 W1 00001541 03/29/2024 OTIS ELEVATOR CO 1104330 4309000 LATE FEES L10000058233 128.36 W1 00001541 03/29/2024 OTIS ELEVATOR CO 5104195 4369500 ELEVATOR SVC SHERIFF SUBST 100401497202 210.05 W1 00001542 03/29/2024 PALM DESERT CHAMBER OF COMMERCE 1104110 4312500 KQ, JH, KK PDACC Breakfast 75068 90.00 W1 00001543 03/29/2024 PURE WATER PARTNERS LLC 1104330 4309000 LATE FEES - CORP YARD 1675987 104.00 W1 00001543 03/29/2024 PURE WATER PARTNERS LLC 1104340 4309000 LATE FEES - CITY HALL 1675987 104.00 W1 00001543 03/29/2024 PURE WATER PARTNERS LLC 2304220 4331000 LATE FEES - FIRE STATIONS 1675987 104.00 W1 00001543 03/29/2024 PURE WATER PARTNERS LLC 1104330 4309000 3 WATER DISPENSERS - CORPYARD 1675987 223.05 W1 00001543 03/29/2024 PURE WATER PARTNERS LLC 1104340 4309000 3 WATER DISPENSERS - CITY HALL 1675987 223.05 W1 00001543 03/29/2024 PURE WATER PARTNERS LLC 1104344 4309000 1 WATER DISPENSER - PORTOLA CC 1675987 74.35 W1 00001543 03/29/2024 PURE WATER PARTNERS LLC 2304220 4331000 3 WATER DISPENSERS - FIRE STAT 1675987 223.05 W1 00001544 03/29/2024 SAME DAY EXPRESS 4364650 4337200 Maintenance of City's permanen 030124 4,600.00 W1 00001545 03/29/2024 SANT MADE 1104190 4362001 Website Hosting & Maintenance 1002 700.00 W1 00001546 03/29/2024 SHI INTERNATIONAL CORPORATION 1100000 1430100 Cloud based dis Main JL24-FB25 B18044637 4,833.80 W1 00001546 03/29/2024 SHI INTERNATIONAL CORPORATION 1104190 4362001 Cloud based disaster recovery B18044637 37,700.94 W1 00001547 03/29/2024 STAPLES BUSINESS ADVANTAGE 1104300 4211000 OFFICE SUPPLIES - CITY HALL 3561224429 75.30 W1 00001547 03/29/2024 STAPLES BUSINESS ADVANTAGE 1104300 4211000 OFFICE SUPPLIES - CITY HALL 3561717336 98.24 Report Date 03/31/2024 Page 2
City and Housing
DocuSign Envelope ID: 854B4F4F-2186-432B-9C01-0973824EBE18
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
3/29/2024 - 3/31/2024
City of Palm Desert
Account Number
W1 00001547 03/29/2024 STAPLES BUSINESS ADVANTAGE 1104300 4211000 OFFICE SUPPLIES - CITY HALL 3561717335 12.19 W1 00001547 03/29/2024 STAPLES BUSINESS ADVANTAGE 1104300 4211000 OFFICE SUPPLIES - CITY HALL 3561717334 105.65 W1 00001547 03/29/2024 STAPLES BUSINESS ADVANTAGE 1104150 4211000 Whiteboard & Notebook Sullivan 3561717325 60.48 W1 00001547 03/29/2024 STAPLES BUSINESS ADVANTAGE 1104159 4211000 Supplies for Supply Room 3561717326 50.94 W1 00001547 03/29/2024 STAPLES BUSINESS ADVANTAGE 1104159 4211000 Supplies for Supply Room 3561717324 46.19 W1 00001548 03/29/2024 THE ALTUM GROUP 2204800 4388000 ENG/DESIGN SRVS - ADA CAHUILLA 9300 6,931.08 W1 00001548 03/29/2024 THE ALTUM GROUP 4414195 4809200 DW "PARCEL A" PARKING LOT 9301 668.00 W1 00001549 03/29/2024 VERIZON WIRELESS SERVICES LLC 1104210 4304200 Sheriff Tower Dump-241424690 9022349681 160.00 W1 00001549 03/29/2024 VERIZON WIRELESS SERVICES LLC 1100000 2289950 EOC FEB08-MAR07 9958516147 64.50 W1 00001550 03/29/2024 VINTAGE ASSOCIATES 2764374 4332100 LMA 16 EXTRA WORK - HAYSTACK 232259 324.52 W1 00001550 03/29/2024 VINTAGE ASSOCIATES 1104611 4332001 LMA 16 EXTRA WORK - HOVLEY 232257 1,455.78 W1 00001550 03/29/2024 VINTAGE ASSOCIATES 1104611 4332001 FB24 LMA 16 - UNIVERSITY PARKS 232142 2,200.00 W1 00001550 03/29/2024 VINTAGE ASSOCIATES 1104611 4332001 FB24 LMA 16 LANDS MAINT - PARK 232142 23,098.00 W1 00001550 03/29/2024 VINTAGE ASSOCIATES 1104611 4332501 FB24 LMA 16 COURT MAINT -PARKS 232142 1,135.00 W1 00001550 03/29/2024 VINTAGE ASSOCIATES 1104611 4391000 FB24 LMA 16 LANDS MAINT - COMM 232142 837.00 W1 00001550 03/29/2024 VINTAGE ASSOCIATES 2764374 4332000 FB24 LMA 16 LANDS MAINT -HAYST 232142 3,650.00 W1 00001550 03/29/2024 VINTAGE ASSOCIATES 1104610 4332001 FEB24 LMA 17 - CC PARK 232001 16,200.00 W1 00001550 03/29/2024 VINTAGE ASSOCIATES 1104610 4332001 LMA 17 EXTRA WORK - CC PARK 232260 8,438.94 W1 00001550 03/29/2024 VINTAGE ASSOCIATES 1104610 4337100 FEB24 LMA 17 - SPORTS FIELDS 232001 4,500.00 W1 00001550 03/29/2024 VINTAGE ASSOCIATES 1104611 4332001 FEB24 LMA 17 - MAGNESIA FALLS 232001 4,000.00 W1 00001550 03/29/2024 VINTAGE ASSOCIATES 1104611 4332001 CREDIT MEMO INV#231472 53513 -562.79 W1 00001550 03/29/2024 VINTAGE ASSOCIATES 1104611 4332001 LMA 16 EXTRA WORK - PARKS 232248 2,078.80 W1 00001550 03/29/2024 VINTAGE ASSOCIATES 1104611 4391000 LMA 16 EXTRA WORK - COMM GAR 232259 1,734.00 W1 00001550 03/29/2024 VINTAGE ASSOCIATES 2424549 4331101 FEB24 LMA 17 - AQUATIC CENTER 232001 1,400.00 W1 00001550 03/29/2024 VINTAGE ASSOCIATES 5104195 4369601 FEB24 LMA 17 - PARKVIEW BLDG 232001 2,000.00 W1 00001550 03/29/2024 VINTAGE ASSOCIATES 5104195 4369602 FEB24 LMA 17 - STATE BLDG 232001 300.00 W1 00001551 03/29/2024 WEX HEALTH INC 1104154 4309000 FEB 2024 COBRA Monthly 0001902467-IN 85.00 Report Date 03/31/2024 Page 3
City and Housing
DocuSign Envelope ID: 854B4F4F-2186-432B-9C01-0973824EBE18
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
3/29/2024 - 3/31/2024
City of Palm Desert
Account Number
W1 00001552 03/29/2024 WILLCORP 1104159 4219100 FREEDOM PARK STORM DAMAGES 2193 37,459.44 W1 00001553 03/29/2024 WILLDAN FINANCIAL SERVICES 6100000 2286000 Tax Consul Serv through 2/23 010-57742 4,302.00 W1 00001553 03/29/2024 WILLDAN FINANCIAL SERVICES 1104159 4309000 Prof SVC U-Park 2024 Issuance 010-57737 2,048.00 W1 02002420 03/29/2024 4IMPRINT INC. 1104614 4390500 ARBOR DAY SUPPLIES 26921015 856.35 W1 02002421 03/29/2024 ALIANZA RECYCLING AND RECOVERY 2364195 4309000 Recycling 223197 152.53 W1 02002422 03/29/2024 AMERICAN FORENSIC NURSES 1104210 4390400 FY 23/24 Blood draws/DUI drug 78554 878.00 W1 02002422 03/29/2024 AMERICAN FORENSIC NURSES 1104210 4390400 FY 23/24 Blood draws/DUI drug 78558 560.00 W1 02002422 03/29/2024 AMERICAN FORENSIC NURSES 1104210 4390400 FY 23/24 Blood draws/DUI drug 78579 140.00 W1 02002422 03/29/2024 AMERICAN FORENSIC NURSES 1104210 4390400 FY 23/24 Blood draws/DUI drug 78593 70.00 W1 02002423 03/29/2024 AQUATICS BY ARMANDO 2424549 4309000 Forklift Operator Training 0746 750.00 W1 02002424 03/29/2024 BECK OIL INC 1104331 4217000 SUPPLY OF GAS AND DIESEL FUEL 103733 5,219.62 W1 02002425 03/29/2024 BURRTEC 2364195 4309000 Amended Franchise Agreement fo 13124 25,109.01 W1 02002426 03/29/2024 CALIFORNIA BUILDING 1104422 4312000 TRAINING A. CASTRO 17069 290.00 W1 02002427 03/29/2024 CASC ENGINEERING AND 1104300 4309000 MS4 / NPDES SUPPORT 0050810 1,734.00 W1 02002428 03/29/2024 CHARTER COMMUNICATIONS 1104190 4365000 MAR24 City Hall Internet 0036098030124 115.27 W1 02002428 03/29/2024 CHARTER COMMUNICATIONS 1104190 4365000 MAR24 Corp Yard Internet 1093262030724 88.00 W1 02002428 03/29/2024 CHARTER COMMUNICATIONS 2424549 4365000 MR24 73571 MAGNESIA FALLS-PDAC 0525504031724 264.56 W1 02002429 03/29/2024 CITY OF INDIAN WELLS 2304220 4304201 Carpet Cleaning-FS #55 19-86 67.50 W1 02002430 03/29/2024 COACHELLA VALLEY WATER DIST. 1104611 4351000 Nichols Dr 822075444102MR24 190.34 W1 02002430 03/29/2024 COACHELLA VALLEY WATER DIST. 1104611 4351000 74350 College Dr 762703889274MR24 23.88 W1 02002430 03/29/2024 COACHELLA VALLEY WATER DIST. 1104614 4351000 1150 WASHINGTON & I-10 587615849914MR24 282.28 W1 02002430 03/29/2024 COACHELLA VALLEY WATER DIST. 1104614 4351000 Portola Ave - Landscape 805025629618MR24 71.03 W1 02002430 03/29/2024 COACHELLA VALLEY WATER DIST. 4254430 4395000 iHUB CVWD (2/12 - 3/12) 720041309104MR24 62.56 W1 02002431 03/29/2024 COACHELLA VALLEY WATER DIST 8714195 4331100 Construction Inspec. Deposit 001 6,435.00 W1 02002432 03/29/2024 COUNTY OF RIVERSIDE SHERIFF 1104210 4217000 FY 23/24 Burglary Suppression SH0000045223 561.68 W1 02002432 03/29/2024 COUNTY OF RIVERSIDE SHERIFF 1104210 4217000 FY 23/24 PD Police Motor Fuel SH0000045224 906.22 W1 02002433 03/29/2024 D & B VISIONS 2364195 4309000 Consultant services for the Ci 24-02 5,000.00 Report Date 03/31/2024 Page 4
City and Housing
DocuSign Envelope ID: 854B4F4F-2186-432B-9C01-0973824EBE18
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
3/29/2024 - 3/31/2024
City of Palm Desert
Account Number
W1 02002434 03/29/2024 DEPARTMENT OF INDUSTRIAL 4254430 4331000 SEARS CONYNCE INSPCTN 2024 E2041857SB 225.00 W1 02002434 03/29/2024 DEPARTMENT OF INDUSTRIAL 4254430 4331000 SEARS CNVYNCE2 INSPCT 2024 E2041855SB 225.00 W1 02002434 03/29/2024 DEPARTMENT OF INDUSTRIAL 4254430 4331000 SEARS CNVYNCE3 INSP 2024 E2041854SB 225.00 W1 02002434 03/29/2024 DEPARTMENT OF INDUSTRIAL 4254430 4331000 SEARS CNYNC4 INSP 2024 E2041852SB 225.00 W1 02002435 03/29/2024 DESERT AIR CONDITIONING INC. 1104340 4331000 HVAC SRVS - CITY HALL 246872 494.00 W1 02002435 03/29/2024 DESERT AIR CONDITIONING INC. 1104330 4331000 HVAC SRVS - CORPYARD 246927 306.34 W1 02002435 03/29/2024 DESERT AIR CONDITIONING INC. 1104330 4331000 HVAC SRVS - CORPYARD 246926 420.75 W1 02002435 03/29/2024 DESERT AIR CONDITIONING INC. 1104340 4331000 HVAC SRVS - HISTORICAL SOCIETY 246871 148.50 W1 02002435 03/29/2024 DESERT AIR CONDITIONING INC. 2304220 4331000 HVAC SRVS - FS #33 246875 750.91 W1 02002435 03/29/2024 DESERT AIR CONDITIONING INC. 5104195 4369601 HVAC SRVS - PARKVIEW 245892 207.27 W1 02002435 03/29/2024 DESERT AIR CONDITIONING INC. 1104340 4331000 HVAC PM - CITY HALL / HS / PDC 246874 213.00 W1 02002435 03/29/2024 DESERT AIR CONDITIONING INC. 1104610 4331000 HVAC PM - CIVIC CENTER PARK 246874 264.00 W1 02002435 03/29/2024 DESERT AIR CONDITIONING INC. 1104611 4331000 HVAC PM - FREEDOM PARK 246874 133.00 W1 02002435 03/29/2024 DESERT AIR CONDITIONING INC. 2304220 4331000 HVAC PM - FIRE STATION 33 246874 1,882.00 W1 02002435 03/29/2024 DESERT AIR CONDITIONING INC. 2424549 4331101 HVAC REPAIRS- AQUATIC CENTER 246649 173.25 W1 02002436 03/29/2024 DESERT ELECTRIC SUPPLY 1104310 4219000 STREET MAINT SUPPLIES S3169876.001 74.68 W1 02002436 03/29/2024 DESERT ELECTRIC SUPPLY 1104310 4219000 STREET MAINT SUPPLIES S3171243.001 26.60 W1 02002437 03/29/2024 DESERT ROSE SOCIETY 1104610 4332001 ROSE GARDEN PRUNING - CC PARK 5070 975.00 W1 02002438 03/29/2024 DISABILITY ACCESS CONSULTANTS 1104159 4309000 ADA CONSULTANT SERVICES 24-048 5,850.00 W1 02002439 03/29/2024 DISNEY DESTINATIONS LLC 8704195 4312000 Professional Development Conf 1383654600176189 1,575.00 W1 02002440 03/29/2024 DOVE PRINTING 1104417 4302600 Printing and Distribution of 4294 6,511.00 W1 02002441 03/29/2024 DRAGON'S EXTERMINATOR 1104611 4331000 EXTRA SRVS - PARKS 89236188 240.00 W1 02002442 03/29/2024 ENGLAND THIMS AND MILLER INC 1104190 4309000 CARTEGRAPH TRAINING 211624 2,957.00 W1 02002442 03/29/2024 ENGLAND THIMS AND MILLER INC 1104190 4309000 CARTEGRAPH TRAINING 211990 2,062.50 W1 02002442 03/29/2024 ENGLAND THIMS AND MILLER INC 1104190 4309000 CARTEGRAPH TRAINING 212905 11,066.25 W1 02002443 03/29/2024 FAIR HOUSING COUNCIL OF 2204800 4388000 CDBG 23-24 FEB24 INV#8 1,635.42 W1 02002444 03/29/2024 FIND FOOD BANK 2364195 4309000 FIND Food Bank to provide SB 1 382706 4,166.66 Report Date 03/31/2024 Page 5
City and Housing
DocuSign Envelope ID: 854B4F4F-2186-432B-9C01-0973824EBE18
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
3/29/2024 - 3/31/2024
City of Palm Desert
Account Number
W1 02002444 03/29/2024 FIND FOOD BANK 2364195 4309000 FINDT1MAR24 382707 2,887.50 W1 02002445 03/29/2024 FOSTER GARDNER INC. 1104610 4332001 FERTILIZER - CC PARK 276872 502.97 W1 02002446 03/29/2024 FULTON DISTRIBUTING 1104330 4219000 JANITORIAL SUPPLIES - CORPYARD 628316 413.61 W1 02002446 03/29/2024 FULTON DISTRIBUTING 1104611 4219000 JANITORIAL SUPPLIES - LMA 16 628671 470.15 W1 02002446 03/29/2024 FULTON DISTRIBUTING 2424549 4219000 JANITORIAL SUPPLIES - PDAC 628884 444.69 W1 02002447 03/29/2024 GALLS LLC 1104211 4306001 COPS Uniforms 027235002 34.45 W1 02002447 03/29/2024 GALLS LLC 1104211 4306001 COPS Uniforms 027216638 34.45 W1 02002447 03/29/2024 GALLS LLC 1104211 4306001 COPS Uniforms 027212870 20.43 W1 02002447 03/29/2024 GALLS LLC 1104211 4306001 COPS Uniforms 027081117 71.16 W1 02002447 03/29/2024 GALLS LLC 1104211 4306001 COPS Uniforms 027081109 126.19 W1 02002447 03/29/2024 GALLS LLC 1104211 4306001 COPS Uniforms 027024622 155.50 W1 02002448 03/29/2024 GLOBAL CTI GROUP INC. 1104190 4362001 Mitel Phone System Service 169996 7,598.00 W1 02002449 03/29/2024 HAMMER PLUMBING AND PUMPING 1104611 4331000 CAHUILLA RESTROOM PUMP SRV 33726-1 395.00 W1 02002450 03/29/2024 HERMANN DESIGN GROUP INC 4414195 4809200 DESIGN SERVICES - DW GREENS 24031103 18,678.09 W1 02002451 03/29/2024 HF&H CONSULTANTS LLC 2364195 4309000 JN24 Solid waste, recycling 9720950 11,244.25 W1 02002452 03/29/2024 HORIZON LIGHTING INC. 2304220 4331000 ELECT/LIGHTING - FS #71 346104 1,026.35 W1 02002453 03/29/2024 HOUSTON & HARRIS PCS INC 1104159 4219100 AUG23 Weather Event 24-25845 2,063.25 W1 02002454 03/29/2024 JACOBSSON ENGINEERING 8710000 2060000 RTNT P116369/HA45140 RTNT 330-2 -10,065.23 W1 02002454 03/29/2024 JACOBSSON ENGINEERING 8714195 4331100 One Quail Parking Lot 330-2 141,204.70 W1 02002454 03/29/2024 JACOBSSON ENGINEERING 8714195 4331100 CO #1: Furnishing and installa 330-2 60,100.00 W1 02002455 03/29/2024 Jesus Garduno 1104300 4391500 02-24BOOTREIM-JG 02-24BOOTREIM-JG 250.00 W1 02002456 03/29/2024 JOE GONSALVES & SON CORP 1104112 4309000 Retainer for April '24 161492 3,000.00 W1 02002457 03/29/2024 JOVANNI JIMENEZ 1104420 4391500 BOOT REIM J. JIMENEZ 031724 BOOTREIM 31724JJ 250.00 W1 02002458 03/29/2024 JR THOMAS GOLF CARS INC 1104331 4334000 GOLF CART REPAIR 11113 1,451.26 W1 02002459 03/29/2024 KINCAID INDUSTRIES INC 2424549 4331101 R/M PLUMBING - AQUATIC CTR 5377 450.00 W1 02002459 03/29/2024 KINCAID INDUSTRIES INC 2424549 4331101 R/M PLUMBING - AQUATIC CTR 5379 300.00 W1 02002460 03/29/2024 KNORR SYSTEMS INC 2424549 4331101 R/M EXTRAS - AQUATIC CENTER 227913 387.12 Report Date 03/31/2024 Page 6
City and Housing
DocuSign Envelope ID: 854B4F4F-2186-432B-9C01-0973824EBE18
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
3/29/2024 - 3/31/2024
City of Palm Desert
Account Number
W1 02002460 03/29/2024 KNORR SYSTEMS INC 2424549 4331101 R/M EXTRAS - AQUATIC CENTER PU 227919 2,820.90 W1 02002460 03/29/2024 KNORR SYSTEMS INC 2424549 4331101 FB24 MONTHLY PM - AQUATIC CTR 228453 2,970.00 W1 02002461 03/29/2024 LILY YEH 4364650 4312500 Film Series 3-27-24 00327 250.00 W1 02002462 03/29/2024 LOCK SHOP INC. 1104610 4331000 DOOR LOCK SRV - CC PARK A135801 125.51 W1 02002462 03/29/2024 LOCK SHOP INC. 1104611 4331000 DOOR LOCK SRV - PARKS A135801 159.95 W1 02002463 03/29/2024 LOWE'S HOME CENTERS INC. 1104310 4219000 STREET MAINT SUPPLIES 997977-022124 664.33 W1 02002463 03/29/2024 LOWE'S HOME CENTERS INC. 1104310 4219000 STREET MAINT SUPPLIES 974415-020224 723.00 W1 02002463 03/29/2024 LOWE'S HOME CENTERS INC. 1104310 4219000 STREET SAFETY SUPPLIES 974828-021324 446.54 W1 02002463 03/29/2024 LOWE'S HOME CENTERS INC. 1104310 4219000 SMALL TOOLS - STREETS DEPT 977193-021424 601.37 W1 02002463 03/29/2024 LOWE'S HOME CENTERS INC. 1104310 4219000 STREET MAINT SUPPLIES 977196-021424 311.07 W1 02002463 03/29/2024 LOWE'S HOME CENTERS INC. 1104310 4219000 STREET MAINT SUPPLIES 984995-021624 185.87 W1 02002463 03/29/2024 LOWE'S HOME CENTERS INC. 1104310 4219000 STREET MAINT SUPPLIES 985756-020624 162.61 W1 02002463 03/29/2024 LOWE'S HOME CENTERS INC. 1104310 4219000 SMALL TOOLS - STREETS DEPT 988127-020724 52.50 W1 02002463 03/29/2024 LOWE'S HOME CENTERS INC. 1104310 4219000 CORP YARD SUPPLIES 988918-020724 350.02 W1 02002463 03/29/2024 LOWE'S HOME CENTERS INC. 1104310 4219000 STREET MAINT SUPPLIES 991436-020824 358.60 W1 02002463 03/29/2024 LOWE'S HOME CENTERS INC. 1104330 4219000 CORP YARD SUPPLIES 974422-020224 43.90 W1 02002463 03/29/2024 LOWE'S HOME CENTERS INC. 1104330 4219000 CORP YARD SUPPLIES 983504-022624 366.52 W1 02002463 03/29/2024 LOWE'S HOME CENTERS INC. 1104330 4331000 R/M BUILDING SUPPLIES 997974-022124 268.78 W1 02002463 03/29/2024 LOWE'S HOME CENTERS INC. 1104340 4219000 TEMP WORK STATIONS - CITY HALL 968667-022024 368.38 W1 02002463 03/29/2024 LOWE'S HOME CENTERS INC. 1104340 4219000 MOVING CONTAINER - CITY HALL 987214-022724 73.59 W1 02002463 03/29/2024 LOWE'S HOME CENTERS INC. 1104610 4331000 R/M BLDG SUPPLIES - CC PARK 982698-022624 32.34 W1 02002463 03/29/2024 LOWE'S HOME CENTERS INC. 1104610 4332001 R/M BLDG SUPPLIES - CC PARK 975045-022324 146.23 W1 02002463 03/29/2024 LOWE'S HOME CENTERS INC. 1104611 4331000 R/M BLDG SUPPLIES - CAHUILLA 987686-022724 33.47 W1 02002463 03/29/2024 LOWE'S HOME CENTERS INC. 1104614 4219000 IRRIGATION TOOLS 973347-030424 372.56 W1 02002464 03/29/2024 MAXWELL SECURITY SERVICES 1104340 4309000 AFTER-HOURS ALARM RESPONSE 2403181 400.00 W1 02002465 03/29/2024 MCI A VERIZON COMPANY 1104344 4365000 FEB24 Portola Telephone Srv 409114776 137.87 W1 02002466 03/29/2024 MISAC 1104190 4363000 MISAC membership: C.Acoeda 200006492 65.00 Report Date 03/31/2024 Page 7
City and Housing
DocuSign Envelope ID: 854B4F4F-2186-432B-9C01-0973824EBE18
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
3/29/2024 - 3/31/2024
City of Palm Desert
Account Number
W1 02002467 03/29/2024 MODERN MISTING SYSTEMS 1104610 4332100 MISTERS SERVICES - CC PARK 13815 1,665.77 W1 02002467 03/29/2024 MODERN MISTING SYSTEMS 1104610 4332100 MISTERS SERVICES - CC PARK 13795 10,697.50 W1 02002468 03/29/2024 MOWERS PLUS INC 1104331 4334000 BATTERY FOR GENERATOR 291139 543.83 W1 02002468 03/29/2024 MOWERS PLUS INC 1104331 4334000 SMALL EQUIPMENT REPAIRS 291659 235.75 W1 02002468 03/29/2024 MOWERS PLUS INC 1104610 4219000 EQUIPMENT SUPPLIES - CC PARK 290600 67.02 W1 02002469 03/29/2024 NEW WEST LANDSCAPE 8734195 4337000 Landscape Maint Sp 129/73 Q4 202302-11 300.00 W1 02002470 03/29/2024 OMEGA INDUSTRIAL SUPPLIES INC 1104310 4219000 STREET MAINT SUPPLIES 155118 701.69 W1 02002471 03/29/2024 OZZIE'S INTERNATIONAL 1104331 4334000 R/M VEHICLE #065 - OWNED 35516 68.92 W1 02002471 03/29/2024 OZZIE'S INTERNATIONAL 1104331 4334000 R/M VEHICLE #086 - LEASED 35376 61.53 W1 02002472 03/29/2024 PALM DESERT ACE HARDWARE 1104310 4219000 STREET MAINT SUPPLIES 244730 24.77 W1 02002472 03/29/2024 PALM DESERT ACE HARDWARE 1104330 4331000 R/M BUILDING SUPPLIES 244770 69.98 W1 02002472 03/29/2024 PALM DESERT ACE HARDWARE 1104340 4219000 SMALL TOOLS - CITY HALL 244634 88.30 W1 02002472 03/29/2024 PALM DESERT ACE HARDWARE 1104340 4219000 SMALL TOOLS - CITY HALL 244679 56.00 W1 02002472 03/29/2024 PALM DESERT ACE HARDWARE 1104340 4219000 BUILDING SUPPLIES-CITY HALL 244815 90.45 W1 02002472 03/29/2024 PALM DESERT ACE HARDWARE 1104340 4331000 R/M BLDG MATERIALS - CITY HALL 244835 71.92 W1 02002472 03/29/2024 PALM DESERT ACE HARDWARE 1104610 4331000 R/M BLDG MAATERIALS - CC PARK 244882 14.42 W1 02002472 03/29/2024 PALM DESERT ACE HARDWARE 1104611 4219000 SMALL TOOLS - FREEDOM 244879 68.93 W1 02002472 03/29/2024 PALM DESERT ACE HARDWARE 1104611 4219000 SUPPLIES - FREEDOM 244884 16.15 W1 02002472 03/29/2024 PALM DESERT ACE HARDWARE 1104611 4219000 LANDSCAPE SUPPLIES - FREEDOM 244944 16.18 W1 02002473 03/29/2024 PATTON DOOR & GATE 1104330 4331000 R/M OVERHEAD DOORS - CY 95099 350.00 W1 02002473 03/29/2024 PATTON DOOR & GATE 2304220 4331000 R/M OVERHEAD DOORS - FS #71 95211 125.00 W1 02002474 03/29/2024 PENTA, RYLAND 1104110 4309000 Coffee - Coffee with the Mayor RPENT REIMB25820 60.00 W1 02002475 03/29/2024 PLAZA TOWING 1104210 4304200 Sheriff Towing 24-0110-28994 240.00 W1 02002476 03/29/2024 POWELL, ERICA 4364650 4312500 Local Meetings ERICA CAC 3 13 187.02 W1 02002477 03/29/2024 POWERFUL PEST MANAGEMENT 1104330 4309000 MAR24 PEST CONTROL - CORPYARD 304597 104.50 W1 02002477 03/29/2024 POWERFUL PEST MANAGEMENT 1104340 4309000 MAR24 PEST CONTROL - HS 304600 49.50 W1 02002477 03/29/2024 POWERFUL PEST MANAGEMENT 1104340 4309000 MAR24 PEST CONTROL - CITY HALL 304601 137.50 Report Date 03/31/2024 Page 8
City and Housing
DocuSign Envelope ID: 854B4F4F-2186-432B-9C01-0973824EBE18
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
3/29/2024 - 3/31/2024
City of Palm Desert
Account Number
W1 02002477 03/29/2024 POWERFUL PEST MANAGEMENT 1104344 4309000 MAR24 PEST CONTROL -PORTOLA CC 304599 74.50 W1 02002477 03/29/2024 POWERFUL PEST MANAGEMENT 1104800 4388500 MAR24 PEST CONTROL - ARTIST C 304609 99.00 W1 02002477 03/29/2024 POWERFUL PEST MANAGEMENT 2304220 4331000 MAR24 PEST CONTROL - FS #33 304606 88.00 W1 02002477 03/29/2024 POWERFUL PEST MANAGEMENT 2304220 4331000 MAR24 PEST CONTROL - FS #67 304607 71.50 W1 02002477 03/29/2024 POWERFUL PEST MANAGEMENT 2304220 4331000 MAR24 PEST CONTROL - FS #71 304608 71.50 W1 02002477 03/29/2024 POWERFUL PEST MANAGEMENT 5104195 4369500 MAR24 PEST CONTROL - SHERIFF C 304604 88.00 W1 02002477 03/29/2024 POWERFUL PEST MANAGEMENT 5104195 4369601 MAR24 PEST CONTROL - PARKVIEW 304602 82.50 W1 02002477 03/29/2024 POWERFUL PEST MANAGEMENT 5104195 4369602 MAR24 PEST CONTROL- STATE BLDG 304603 88.00 W1 02002477 03/29/2024 POWERFUL PEST MANAGEMENT 5104195 4369800 MAR24 PEST CONTROL -HENDERSON 304605 132.00 W1 02002478 03/29/2024 POWERS AWARDS 1104211 4306001 COPS Badges 157645 14.01 W1 02002479 03/29/2024 POWERSTRIDE BATTERY COMPANY INC 1104331 4334000 GOLF CART BATTERY P700131 479.49 W1 02002480 03/29/2024 PPG ARCHITECTURAL FINISHES 1104310 4219000 STREET MAINT SUPPLIES 972220001421 70.19 W1 02002481 03/29/2024 QUINN COMPANY 1104331 4334000 EQUIPMENT RP-CAT SKID STEER WOA30002293 611.10 W1 02002481 03/29/2024 QUINN COMPANY 2304220 4331000 TEMP PORTABLE GEN - FS 33 E2926302 5,027.60 W1 02002482 03/29/2024 RETAIL MARKETING SERVICES 1104422 4309000 CART SERVICE-FEB 24 191167 660.00 W1 02002483 03/29/2024 RIOS, FREDDY 1104300 4391500 02-24BOOTREIM-FR 02-24BOOTREIM-FR 250.00 W1 02002484 03/29/2024 RIVERSIDE COUNTY SHERIFF-PSEC 1104210 4304200 FY 23/24 PD Police Radio Opera PE0000001613 136.83 W1 02002484 03/29/2024 RIVERSIDE COUNTY SHERIFF-PSEC 1104211 4306001 FY 23/24 Citizens on Patrol ra PE0000001612 656.81 W1 02002485 03/29/2024 S&S FLEET SERVICES 1104331 4334000 ANNUAL DOT INSP TRAIL/VEHICLE 544 990.00 W1 02002486 03/29/2024 SCAG 1104470 4312000 SCAG REG CONF-R. CANNONE GA24-032024-0152 200.00 W1 02002487 03/29/2024 SHASTA FIRE PROTECTION 1104330 4309000 ANNUAL FIRE SPRINKLER INSP-CY 8574 1,100.00 W1 02002488 03/29/2024 SIGNATURE TINT 1104610 4331000 SIGNS - CIVIC CENTER PARK 1716 612.33 W1 02002489 03/29/2024 SKYLINE SAFETY AND SUPPLY 1104330 4219000 CORP YARD SUPPLIES 8223 262.30 W1 02002490 03/29/2024 SO CAL GAS 1104344 4351200 45480 Portola Avenue 16752512422-MR24 84.31 W1 02002490 03/29/2024 SO CAL GAS 2304220 4351200 44400 Town Ctr Wy - FS#33 06242756002-MR24 208.57 W1 02002490 03/29/2024 SO CAL GAS 2304220 4351200 73995 Country Club Dr - FS#71 13562662000-MR24 96.36 W1 02002490 03/29/2024 SO CAL GAS 2304220 4351200 73200 Mesa View Dr. - FS#67 05412483009-MR24 142.30 Report Date 03/31/2024 Page 9
City and Housing
DocuSign Envelope ID: 854B4F4F-2186-432B-9C01-0973824EBE18
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
3/29/2024 - 3/31/2024
City of Palm Desert
Account Number
W1 02002490 03/29/2024 SO CAL GAS 5104195 4369800 72559 Hwy 111-Henderson 08946430827-MR24 14.89 W1 02002491 03/29/2024 SOURCE GRAPHICS 1104190 4212000 Plotter Paper 132783 276.36 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2734680 4351000 (3) Desert Mirage (38601 Cook) 700017585033NV23 20.00 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2734682 4351000 (4) Primrose (75530 Hovley) 700017585033NV23 15.26 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2754680 4351000 (21) Monterey Meadows (73100 H 700017585033NV23 14.98 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2754681 4351000 (20) The Glen (40730 M) 700017585033NV23 15.42 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2754682 4351000 (18) Hovley Estates (40962 C / 700017585033NV23 35.04 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2754683 4351000 (19) Sonata I (40794) 700017585033NV23 15.83 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2754684 4351000 (5) Sonata II (73500 Hovley) 700017585033NV23 16.09 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2754685 4351000 (7) Hovley Collection (73145 H 700017585033NV23 30.84 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2754686 4351000 (8) La Paloma I (40970 A/73625 700017585033NV23 35.04 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2754687 4351000 (10) La Paloma II (40970 Rosar 700017585033NV23 15.42 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2754693 4351000 (14) La Paloma III (40741 Sola 700017585033NV23 15.42 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2754694 4351000 (11) Sandpiper (40751 / 40972) 700017585033NV23 28.63 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2754695 4351000 (12) Sandpiper West (40753 / 4 700017585033NV23 30.84 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2754696 4351000 (13) Hovley West (40762 Hov) 700017585033NV23 14.68 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2764374 4351000 (1) Canyon Cove (Calliandra) 700017585033NV23 36.71 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2774373 4351400 (22) Presidents Plaza E/W 700017585033NV23 340.62 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2784374 4351000 (2) Vineyards (43430 Stony) 700017585033NV23 15.42 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2814374 4351000 (6) The Grove (44225 Deep Cyn) 700017585033NV23 32.46 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2824373 4351400 (15) Presidents Plaza III (731 700017585033NV23 294.26 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2824373 4351400 (23) Presidents Plaza III (731 700017585033NV23 74.19 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2834374 4351000 (17) Portola Place (44221) 700017585033NV23 15.83 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2854374 4351000 (9) Kaufman/Broad (73502 FS) 700017585033NV23 16.61 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2994374 4351000 (16) Palm Desert CC (77925 Sta 700017585033NV23 21.03 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 1104250 4351400 PD Srv Area 19 LS-1-E 700400365524FB24 2,889.25 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 1104250 4351400 (14) SHEPHERD N/O CHINOOK 700413950271FB24 14.51 Report Date 03/31/2024 Page 10
City and Housing
DocuSign Envelope ID: 854B4F4F-2186-432B-9C01-0973824EBE18
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
3/29/2024 - 3/31/2024
City of Palm Desert
Account Number
W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 1104250 4351400 (16) A STREET S/O 42ND 700413950271FB24 27.92 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 1104250 4351400 (21) DAISY/SHEPARD 700413950271FB24 13.96 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 1104250 4351400 (28) ALPINE / SHEPHERD 700413950271FB24 13.96 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 1104250 4351400 (29) (Shepard Lane / Scholar L 700413950271FB24 27.92 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 1104250 4351400 (32) (Jeri Lane) 700413950271FB24 14.51 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 1104250 4351400 (33) SHEPHERD /PORTOLA 700413950271FB24 14.51 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 1104250 4351400 (34) PETUNIA ll (Windflower/Sh 700413950271FB24 13.96 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 1104250 4351400 (35) COLLEGE VIEW lll (Acad/Sh 700413950271FB24 13.96 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 1104250 4351400 Traffic lamps LS-2 700524045271FB24 339.02 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 1104250 4351400 Street lites LS-3 600001510277FE24 397.07 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 1104250 4351400 TRAFFIC SIGNALS TC-1 600001002544FB24 8,973.50 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 1104330 4351400 74705 42nd PED 700117253442MR24 1,675.66 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 1104340 4351400 73510 FW City Hall 700116008610MR24 8,524.07 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 1104610 4351400 73710 FW Pumpstation 700169234934MR24 5,009.18 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 1104610 4351400 CC Park - San Pablo 700167703344MR24 8,044.43 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 1104614 4351400 73296 Alessandro WW 700646851517MR24 98.58 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2424549 4351400 73751 Magnesia Falls Dr POOL 700019219986MR24 10,008.26 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2724374 4351400 (6) PARKVIEW ESTATES 700413950271FB24 441.12 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2734680 4351400 (7) DESERT MIRAGE/COOK 700413950271FB24 70.55 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2734681 4351400 (8) SANDCASTLES 700413950271FB24 160.52 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2734682 4351400 (12) HOVLEY/HEMMINGWAY 700413950271FB24 19.10 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2754643 4351400 (25) DIAMONDBACK 700413950271FB24 13.96 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2754680 4351400 (1) MONTEREY / MEAD. ASSMT 700413950271FB24 69.99 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2754683 4351400 (3) SONATA-HOVLEY 700413950271FB24 13.96 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2754684 4351400 (4) HOVLEY-POSADA-FONDA 700413950271FB24 29.02 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2754685 4351400 (10) HOVLEY COLLECTION 700413950271FB24 29.02 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2754686 4351400 (13) AVE ARCADIA/HOVLEY 700413950271FB24 13.96 Report Date 03/31/2024 Page 11
City and Housing
DocuSign Envelope ID: 854B4F4F-2186-432B-9C01-0973824EBE18
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
3/29/2024 - 3/31/2024
City of Palm Desert
Account Number
W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2754687 4351400 (17) AVE. ROSARIO/HOVLEY 700413950271FB24 13.96 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2754694 4351400 (22) HOVLEY LN/SANDPIPER 700413950271FB24 13.96 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2754695 4351400 (23) HOVLEY LN/SANDPIPER W 700413950271FB24 13.96 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2754696 4351400 (24) 40764 HOVLEY CT 700413950271FB24 13.96 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2754697 4351400 (18) PALM CT/HOVLEY LN 700413950271FB24 13.96 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2764374 4351400 (2) HAYSTACK LIGHTING DIST. 700413950271FB24 32.13 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2784374 4351400 (5) VINEYARDS 700413950271FB24 115.54 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2814374 4351400 (9) GROVE 700413950271FB24 341.14 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2854374 4351400 (19) FRANK SINATRA W/O PORTOLA 700413950271FB24 29.02 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2874374 4351400 (20) COLLEGE VIEW/SHEPPARD 700413950271FB24 27.92 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2874681 4351400 (30) SUNDANCE W (Kokopelli / S 700413950271FB24 13.96 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2874682 4351400 (26) PETUNIA I (Petunia / Shep 700413950271FB24 13.96 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2874682 4351400 (27) PETUNIA I (W Petunia/Shep 700413950271FB24 13.96 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2874683 4351400 (31) SUNDANCE E (Chinook / She 700413950271FB24 14.51 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2994374 4351400 (11) PALM DESERT C.C. 700413950271FB24 3,130.04 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 2994374 4351400 (15) MICHIGAN / CA 700413950271FB24 101.97 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 5104195 4351400 (1) 73710 / 73720 FW STE 700485107855MR24 3,871.85 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 5104195 4351400 73710 FW STE204 700835256536MR24 57.35 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 5104195 4369601 (2) 73710 FW Dr DR2 / HM1 700485107855MR24 492.79 W1 02002492 03/29/2024 SOUTHERN CALIFORNIA EDISON 5104195 4369602 (3) 73720 FW Dr HM 700485107855MR24 471.97 W1 02002493 03/29/2024 SOUTHWEST AQUATICS 1104610 4332001 JAN24 R/M LAGOON - CC PARK 01-21414 5,144.00 W1 02002494 03/29/2024 SPERIDIAN TECHNOLOGIES LLC 1104190 4390000 Solution Checkpoint 1 Signoff 32223 108,180.00 W1 02002495 03/29/2024 STENO SOLUTIONS TRANSCRIPTION 1104210 4304200 Sheriff Transcrp-T233530046 43711 217.26 W1 02002496 03/29/2024 STERLING ADMINISTRATION 1104154 4309000 FEB24 Admin Fee 763207 150.50 W1 02002497 03/29/2024 SUSTAINOVATION LLC 1104154 4312101 One Day Workshop Training 3 20240314 8,000.00 W1 02002498 03/29/2024 T-MOBILE USA INC 1104210 4304200 Sheriff Timing Advance 9561931466 25.00 W1 02002499 03/29/2024 THE SIGN WORKS 1104611 4332501 SANDSTONE ROCK SIGN - HOMME 6949 1,910.93 Report Date 03/31/2024 Page 12
City and Housing
DocuSign Envelope ID: 854B4F4F-2186-432B-9C01-0973824EBE18
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
3/29/2024 - 3/31/2024
City of Palm Desert
Account Number
W1 02002500 03/29/2024 TOPS N BARRICADES INC. 1104310 4219000 STREET SAFETY SUPPLIES 1105146 96.03 W1 02002501 03/29/2024 TORRES, FRANCISCO 1104300 4391500 03-24BOOTREIM-FT 03-24BOOTREIM-FT 250.00 W1 02002502 03/29/2024 TPX COMMUNICATIONS 1104190 4365000 Internet/Phone Svc 2/23-3/22 177621502-0 5,600.02 W1 02002503 03/29/2024 UNIFIRST CORPORATION 1104310 4214000 INDUSTRIAL UNIFORM RENTAL 2200097218 88.85 W1 02002503 03/29/2024 UNIFIRST CORPORATION 1104310 4214000 INDUSTRIAL UNIFORM RENTAL 2200099683 88.85 W1 02002503 03/29/2024 UNIFIRST CORPORATION 1104310 4214000 INDUSTRIAL UNIFORM RENTAL 2200102533 87.89 W1 02002504 03/29/2024 VALLEY TRACTOR AND FORKLIFT 1104331 4334000 FORKLIFT REPAIR 5023 476.36 W1 02002505 03/29/2024 VERIZON SELECT SERVICES INC 1104159 4365000 FEB24 Toll Free 131822689FEB24 2.23 W1 02002506 03/29/2024 WATERLINE TECHNOLOGIES INC 2424549 4211100 CHEMICALS - AQUATIC CENTER 5671680 856.61 W1 02002506 03/29/2024 WATERLINE TECHNOLOGIES INC 2424549 4211100 CHEMICALS - AQUATIC CENTER 5673368 1,302.05 W1 02002506 03/29/2024 WATERLINE TECHNOLOGIES INC 2424549 4211100 CHEMICALS - AQUATIC CENTER 5674105 1,713.23 W1 02002507 03/29/2024 WEBSTAURANT STORE INC 2364195 4219000 Supplies - recycling container 95248230 2,958.89 W1 02002508 03/29/2024 WEST COAST ARBORISTS INC 1104611 4332001 HARDWOOD PRUNING - PARKS 211748 11,319.25 W1 02002508 03/29/2024 WEST COAST ARBORISTS INC 1104614 4337001 PALM PRUNING - MEDIANS 211445 46.00 W1 02002508 03/29/2024 WEST COAST ARBORISTS INC 1104614 4337001 HARDWOOD PRUNING - MEDIANS 211748 40,630.15 W1 02002508 03/29/2024 WEST COAST ARBORISTS INC 2734680 4309500 HARDWOOD PRUNING - DESERT MIRA 210613 1,072.35 W1 02002508 03/29/2024 WEST COAST ARBORISTS INC 2754681 4309500 HARDWOOD PRUNING - THE GLEN 210613 1,787.25 W1 02002508 03/29/2024 WEST COAST ARBORISTS INC 2754682 4309500 HARDWOOD PRUNING - HOVLEY ESTA 211748 357.45 W1 02002508 03/29/2024 WEST COAST ARBORISTS INC 2754683 4309500 HARDWOOD PRUNING - SONATA I 210613 1,310.65 W1 02002508 03/29/2024 WEST COAST ARBORISTS INC 2754684 4309500 HARDWOOD PRUNING - SONATA II 210613 2,263.85 W1 02002508 03/29/2024 WEST COAST ARBORISTS INC 2754686 4309500 HARDWOOD PRUNING - LA PALOMA I 210613 476.60 W1 02002508 03/29/2024 WEST COAST ARBORISTS INC 2754693 4309500 HARDWOOD PRUNING - LA PALOMA I 210613 953.20 W1 02002508 03/29/2024 WEST COAST ARBORISTS INC 2754694 4309500 HARDWOOD PRUNING - SANDPIPER C 210613 1,429.80 W1 02002508 03/29/2024 WEST COAST ARBORISTS INC 2754695 4309500 HARDWOOD PRUNING - SANDPIPER C 210613 953.20 W1 02002508 03/29/2024 WEST COAST ARBORISTS INC 2754697 4309500 HARDWOOD PRUNING - PALM COURT 210613 357.45 W1 02002508 03/29/2024 WEST COAST ARBORISTS INC 2814374 4309500 HARDWOOD PRUNING - THE GROVE 210613 2,144.70 W1 02002508 03/29/2024 WEST COAST ARBORISTS INC 2834374 4309500 HARDWOOD PRUNING - PORTOLA PL 210613 953.20 Report Date 03/31/2024 Page 13
City and Housing
DocuSign Envelope ID: 854B4F4F-2186-432B-9C01-0973824EBE18
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
3/29/2024 - 3/31/2024
City of Palm Desert
Account Number
W1 02002508 03/29/2024 WEST COAST ARBORISTS INC 2854374 4309500 HARDWOOD PRUNING - KAUFMAN/BRO 209785-A 2,859.60 W1 02002508 03/29/2024 WEST COAST ARBORISTS INC 2874374 4309500 HARDWOOD PRUNING - COLLEGE VIE 210613 953.20 W1 02002508 03/29/2024 WEST COAST ARBORISTS INC 2874681 4309500 HARDWOOD PRUNING - SUNDANCE W 210613 834.05 W1 02002508 03/29/2024 WEST COAST ARBORISTS INC 2874682 4309500 HARDWOOD PRUNING - PETUNIA I 210613 1,072.35 W1 02002508 03/29/2024 WEST COAST ARBORISTS INC 2874683 4309500 HARDWOOD PRUNING - SUNDANCE E 210613 1,310.65 W1 02002508 03/29/2024 WEST COAST ARBORISTS INC 2874684 4309500 HARDWOOD PRUNING - COLLEGE VIE 210613 834.05 W1 02002508 03/29/2024 WEST COAST ARBORISTS INC 2994374 4309500 HARDWOOD PRUNING - PDCC 210613 3,693.65 W1 02002508 03/29/2024 WEST COAST ARBORISTS INC 4414195 4332000 HARDWOOD PRUNING - DW 210613 14,774.60 W1 02002509 03/29/2024 WEST COAST SAND & GRAVEL INC 1104310 4219000 STREET MAINT SUPPLIES 696609 386.93 W1 02002510 03/29/2024 XEROX FINANCIAL SERVICES 1104190 4342000 2/29-3/28 Copier Lease 5491404 2,851.42 W1 02002511 03/29/2024 XPRESS GRAPHICS 1104417 4361000 Tamarisk Undergrounding Survey 24-60718 62.65 W1 02002511 03/29/2024 XPRESS GRAPHICS 1104417 4361000 FirstFriday_4x4_Card_Final 24-60577 190.36 Examined and Approved Total For Bank ID - W1
1,491,593.78 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 03/31/2024 Page 14
City and Housing
DocuSign Envelope ID: 854B4F4F-2186-432B-9C01-0973824EBE18
Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
3/29/2024 - 3/31/2024
City of Palm Desert
Account Number
W3 00002530 03/29/2024 WILLDAN FINANCIAL SERVICES 7034195 4309000 Series 2017 H-A Rating Upgrade 010-57610 250.00 Examined and Approved Total For Bank ID - W3
250.00 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 03/31/2024 Page 15
Successor Agency
DocuSign Envelope ID: 854B4F4F-2186-432B-9C01-0973824EBE18
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: April 11, 2024
PREPARED BY: Anthony J. Mejia, City Clerk
REQUEST: ADOPTION OF A RESOLUTION ADOPTING A POLICY FOR
CEREMONIAL PROCLAMATIONS AND RECOGNITIONS
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING A POLICY FOR CEREMONIAL PROCLAMATIONS AND RECOGNITIONS AND RESCINDING RESOLUTION NO. 2022-25.”
BACKGROUND/ANALYSIS:
On April 14, 2022, the City Council adopted Resolution No. 2022-25 establishing a policy for ceremonial proclamations and recognitions. The adopted policy provides guidance to staff on the processing of requests, sets eligible and ineligible subjects and topics, and requires that the Mayor and Mayor Pro Tem concur on the issuance of proclamations and recognitions.
The City Council is requested to adopt the proposed resolution to formalize recent practices related to the recognition of outgoing members of the City’s Boards, Commissions, Committees, and Task Forces (“Appointed Bodies”). This update would provide recognition of outgoing members as follows:
Incomplete/partial term: A Certificate of Recognition signed by the Mayor and presented at the Appointed Body’s meeting by the assigned City Council Liaison. The Planning Commission and Architectural Review Commission do not have a City Council Liaison, therefore the Mayor will be requested to present the certificate at the meeting. Completion of one term or service totaling 4+ years: Presentation of a small “Thank You” clock or a similar item presented at the Appointed Body’s meeting by the assigned City Council Liaison. The Planning Commission and Architectural Review Commission do not have a City Council Liaison, therefore the Mayor will be requested to present the certificate at the meeting
Completion of two terms or service totaling 8+ years: Presentation of a large “Thank you” clock or similar item presented at the Appointed Body’s meeting by the assigned City Council Liaison. The Planning Commission and Architectural Review Commission do not have a City Council Liaison, therefore the Mayor will be requested to present the certificate at the meeting.
Completion of three or more terms or service totaling 12+ years: Presentation of a large “Thank You” clock or similar item presented by the Mayor at a City Council meeting. Declining a Presentation: If the outgoing member declines a presentation, the certificate or clock may be mailed or picked up.
City of Palm Desert
Resolution – Policy for Ceremonial Proclamations and Recognitions
The City Council Ad Hoc Committee on Boards and Commission, consisting of Councilmember Kelly and Mayor Pro Tem Harnik, expressed support for the proposed resolution.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
There is a minimal financial impact associated with the purchase of “Thank You” clocks and similar items, ranging from $100 to $200 each. Sufficient funding is available in the City Clerk’s Office Supplies budget.
ATTACHMENT:
1. Draft Resolution - Redline
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ADOPTING A POLICY FOR
CEREMONIAL PROCLAMATIONS AND RECOGNITIONS
WHEREAS, the City Council occasionally wishes to recognize events, accomplishments, or public service of individuals or organizations that significantly benefit the community of Palm Desert, and
WHEREAS, for the purposes of consistency and fairness, the City Council has determined that it is appropriate to establish protocols for ceremonial proclamations and recognitions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert as follows:
SECTION 1. Purpose and Intent. The purpose of this Resolution is to establish a policy regarding the processing of requests by individuals, groups, and organizations for City proclamations and certificates.
SECTION 2. Authority-General. It is the intent of the City Council that City staff first review all requests for proclamations and certificates from individuals, groups, and organizations and forward them to the Mayor and Mayor Pro Tem with a finding as to whether the request complies with the terms of this resolution. The Mayor and Mayor Pro Tem are charged with the administration of requests and may approve or deny such requests at their discretion consistent with this resolution. No commission or committee, individual council member, or other City official shall issue a proclamation or certificate on behalf of the City of Palm Desert without prior approval of the Mayor and Mayor Pro Tem.
SECTION 3. Eligibility Criteria. The Mayor and Mayor Pro Tem may consider requests for proclamations and certificates on the following subjects:
A. Significant Matters of Interest: Raise public awareness about matters of significance that impact the residents and businesses in the City.
B. Observances/Celebrations: To highlight a special period of observance, celebration, or recognition for community, regional, state, or national occasions.
C. Local Businesses, Services, or Organizations: Requests to honor businesses, services, or philanthropic organizations that are located or operate in the City, that provide a significant level of services to residents and businesses in the City.
D. Individuals: Recognition of individuals for extraordinary achievement or outstanding community service.
E. Local Sports Teams: Recognition of sports teams based in the City, upon the accomplishment of noteworthy achievements, programs, or milestones.
RESOLUTION NO. 2024-
F. In Memoriam: Requests to honor the life of long-time or prominent Palm Desert residents upon their death.
G. City Officials/Staff: Requests to honor city officials and employees for their achievements or milestones of service.
H. Partner Public Officials: Requests to honor public officials from other public entities who served on boards, committees, or commissions on which the Palm Desert City Council also serves, upon the completion of their term of office or chairpersonship.
SECTION 4. Impermissible Subjects. City staff shall not process requests for proclamations or certificates on the following subjects:
A. Candidates: Requests to support candidates for elected public office.
B. Religion/Politics: Requests of a religious or political nature.
C. Contrary Policies: Campaigns or events contrary to City policies.
SECTION 5. Submission of Requests on Other Subjects. If it is not clear whether a request for a proclamation or certificate falls inside or outside of a permissible category as provided in this Resolution, staff should submit the matter to the Mayor and Mayor Pro Tem for their consideration and determination.
SECTION 6. Signatures. All proclamations are intended to be signed by the full City Council. In the event that an individual Council Member declines to sign a particular proclamation, the Mayor may determine whether to proceed with only the Mayor’s signature or the balance of the City Council.
SECTION 7. Presentation at City Council Meetings. Presentation of proclamations and recognitions should occur outside the City Council meeting, such as a specified event, via mail, or personal delivery. When necessary, individual proclamations and recognitions may be presented at City Council meetings and staff should endeavor to schedule proclamations and recognitions so that the total time for those items is no more than ten (10) minutes per meeting.
Section 8. Recognition of Outgoing Members. Recognition of outgoing Board, Commission, Committee, or Task Force (“Appointed Bodies”) members or residents appointed to an outside agency (such as the Coachella Valley Mosquito Control District, Palm Springs International Airport Commission, and Joslyn Cove Senior Center Board) shall occur as follows:
A. Incomplete/Partial Term: A Certificate of Recognition signed by the Mayor and presented at the Appointed Body’s meeting by the assigned City Council Liaison. In the case of the Planning Commission, the Mayor will be requested to present the certificate at the meeting.
B. Completion of One Term or Service Totaling 4+ Years: Presentation of a small “Thank You” clock or a similar item presented at the Appointed Body’s meeting by the assigned City Council Liaison. In the case of the
RESOLUTION NO. 2024-
Planning Commission, the Mayor will be requested to present the clock at the meeting.
C. Completion of Two Terms or Service Totaling 8+ Years: Presentation of a large “Thank You” clock or similar item presented at the Appointed Body’s meeting by the assigned City Council Liaison. In the case of the Planning Commission, the Mayor will be requested to present the clock at the meeting.
D. Completion of Three or More Terms or Service Totaling 12+ Years:
Presentation of a large “Thank You” clock or similar item presented by the Mayor at a City Council meeting.
E. Declining a Presentation: If the outgoing member declines a public presentation, the certificate or clock may be mailed or picked up.
Section 9. Certification. The City Clerk shall certify the adoption of this Resolution.
ADOPTED ON ________________, 2024.
KARINA QUINTANILLA
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
RESOLUTION NO. 2024-
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-__ 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 _______________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
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
STAFF REPORT
MEETING DATE: April 11, 2024
PREPARED BY: Erika Castellano, Assistant to the City Council REQUEST: ACCEPTANCE OF A RESIGNATION FROM THE MARKETING
COMMITTEE AND PARKS AND RECREATION COMMITTEE
RECOMMENDATION:
1. With regret, accept the resignation of Jan Hulahan from the Marketing Committee.
2. With regret, accept the resignation of Gerald Dawson from the Parks & Recreation Committee.
BACKGROUND/ANALYSIS:
On December 10, 2020, Jan Hulahan was appointed to the Marketing Committee as a representative of a large hotel (JW Marriott) for a term ending June 30, 2024. On March 20, Ms.
Hulahan informed the City she would be transferring to a different location, resulting in a vacated seat as of April 2, 2024.
On June 24, 2021, Gerald Dawson was reappointed to the Parks & Recreation Committee for a term ending June 30, 2025. On March 22, 2024, Mr. Dawson informed the City he would be resigning effective April 2, 2024, resulting in a vacant seat.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
There is no fiscal impact associated with this action.
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: April 11, 2024
PREPARED BY: Anthony J. Mejia, City Clerk
REQUEST: APPOINTMENTS TO THE BUILDING BOARD OF APPEALS
RECOMMENDATION:
Appoint John Greenwood, Lindsey Holt, and Nicholas Latkovic to the Building Board of Appeals for terms ending June 30, 2024.
BACKGROUND/ANALYSIS:
Pursuant to Palm Desert Municipal Code Chapter 2.18, the Building Board of Appeals (Board) is charged with hearing appeals regarding the interpretation of the California Building Code, and condemnation and abatement of dangerous structures. The Board may ratify alternate materials and methods of construction that are not specifically recognized in the California Building Code.
The Board is comprised of five members and their decisions are final unless appealed to the City Council. In the past 10 years, no appeals have been filed and therefore the Board has not met in the same period.
It is anticipated that an appeal may be filed soon requiring a hearing before the Board. Currently, two out of five members (Joseph Gaugush and Allan Levin) are appointed to the Board, which is less than a quorum. Due to the urgency of considering the anticipated appeal, staff reached out to the City Council Ad Hoc Committee on Boards and Commissions, consisting of Councilmember Kelly and Mayor Pro Tem Harnik, who expressed support for a proposal to waive interviews and appoint two members of the Planning Commission and one member of the Architectural Review Commission to serve shortened terms through June 30, 2024. If there are any delays in considering the appeal, the City Council may be requested to extend the appointments for an additional six months.
City staff reached out to several members of the Planning Commission and Architectural Review Commission to solicit volunteers to serve on the Board. John Greenwood and Lindsey Holt, of the Planning Commission, and Nicholas Latkovic, of the Architectural Review Commission, agreed to serve if appointed.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
There is no fiscal impact associated with this action.
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: April 11, 2024
PREPARED BY: Anthony J. Mejia, City Clerk
REQUEST: RATIFY LETTERS OF SUPPORT FOR THE CALIFORNIA STATE
UNIVERSITY, SAN BERNARDINO, AND CITY OF INDIAN WELLS
COMMUNITY PROJECT FUNDING REQUESTS
RECOMMENDATION:
1. Ratify issuance of a letter of support for the California State University, San Bernardino (CSUSB), Community Project Funding request for the Artificial Intelligence and Virtual Reality Research and Retraining Center and Nursing Street Medicine Program.
2. Ratify issuance of a letter of support for the City of Indian Wells’ Community Project Funding request to rebuilding the Emergency Operation Center.
BACKGROUND/ANALYSIS:
At the request CSUSB and the City of Indian Wells, the City Council Ad Hoc Committee on Legislative Affairs authorized issuance of the subject letters and the City Council is requested to ratify issuance of the letters of support for the following projects:
CSUSB: To establish an Artificial Intelligence (AI) and Virtual Reality (VR) Research and Retraining Center and expansion of the Nursing Street Medicine Program.
City of Indian Wells: Demolition, design, and reconstruction of the Indian Wells Emergency Operations Center, estimated at approximately $3 million.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
There is no fiscal impact associated with this action.
ATTACHMENTS:
1. CSUSB - Letter of Support
2. City of Indian Wells – Letter of Support
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: April 11, 2024
PREPARED BY: Andrea Staehle, Human Resources Manager
REQUEST: REQUEST FOR ADOPTION OF MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF PALM DESERT AND THE PALM DESERT
EMPLOYEE ORGANIZATION EFFECTIVE MARCH 25, 2024, THROUGH JUNE 30, 2026
RECOMMENDATION:
1. Approve the Memorandum of Understanding (MOU) between the City of Palm Desert and the Palm Desert Employee Organization (PDEO) effective March 25, 2024, through June 30, 2026.
2. Authorize the City Manager to take actions to implement the MOU between the City of Palm Desert and PDEO.
BACKGROUND/ANALYSIS:
The City recognizes the Palm Desert Employees Organization as the bargaining unit for general non-exempt and exempt non-supervisory employees. Due to the City acquiring library services, which includes employees working less than 20 hours per week, PDEO and the City met to negotiate and agree upon an MOU regarding compensation and working conditions for these future employees.
The City and PDEO’s negotiations team met on March 25, 2024, due to the collaboration from both sides, the MOU was agreed upon that same day.
A summary of the tentative agreements include:
Term: March 25, 2024, through June 30, 2026.
COLA: 3.25% (July 1, 2024); 3.0% (July 1, 2025)
Bilingual Pay: $25 per pay period (test to confirm)
Employees required to work July 4 will receive an additional floating holiday to be used the same year.
Sick Leave: California State Sick Leave laws (40 hours, maximum of 80 hours) Staff is requesting approval of the MOU, as well as authority for the City Manager to implement the MOU.
Legal Review:
This report has been reviewed by the City Attorney’s office.
City of Palm Desert
Adoption of PDEO and City MOU for PT Employees
FINANCIAL IMPACT:
Adjustments were made at midyear to accommodate the anticipated addition of part-time staff at the library. The current year’s costs will be absorbed by the General Fund, and future years are anticipated to be offset by an increase in property tax revenues related to library services.
The fiscal impact of the agreement for part-time employees at the library is estimated at $68,000 for FY 2023-24, $430,000 for 2024-25, and $445,000 for FY 2025-26, if fully staffed.
ATTACHMENTS:
1. City of Palm Desert and PDEO Memorandum of Understanding effective March 25, 2024, through June 30, 2026
MOU March 25, 2024 – June 30, 2026
City of Palm Desert and Palm Desert Employees Organization Memorandum of Understanding (MOU)
Part-Time Employee Negotiations (Less Than 20 Hours Per Week) This agreement is between the City of Palm Desert (City) and the Palm Desert Employees Organization (PDEO). This agreement is in effect March 25, 2024 – June 30, 2026.
Compensation – Salary Schedule
The Grade, Step and Wage Rates Schedule for employees covered by this Agreement is set forth in the Allocated Positions and Salary Resolution adopted by the City Council.
Salaries will be increased by the following amounts on the first full pay period following the effective date:
A. July 1, 2024: The salary schedule will increase by 3.25%.
B. July 1, 2025: The salary schedule will increase by 3.0%.
Compensation – July 4 Holiday
Employees scheduled to work on the July 4 holiday shall be credited with a floating holiday equivalent to assigned hours, which must be used during the same calendar year.
Compensation – Bilingual Pay
Employees who have the ability to provide bilingual services in Spanish or a City Managerapproved second language may be designated as a bilingual employee required to use their skills as a part of their City employment. This designation must be made by the appropriate department head and approved by the City Manager or designee in writing. Designated employees shall receive a stipend of $25 per pay period. Eligible employees must successfully complete an initial assessment test to receive such designation. An employee who fails the assessment test may retake the test every six (6) months. Employees on any form of leave time in excess of (1) month shall be ineligible to receive bilingual pay until the employee returns to duty. Employees receiving bilingual pay may be used by any department to provide bilingual services.
Sick Leave Accrual and Maximums
Part-time employees who are under 20 hours shall receive the required California Paid Sick Leave, currently 40 hours. These employees shall be subject to a maximum sick leave of 80 hours. Such employees who reach the maximum shall cease to receive sick leave until such time as their balance falls below 80 hours, at which time they will begin acquiring hours until they reach the maximum.
DocuSign Envelope ID: B2E75CF8-9EAA-478D-9011-14F3696A7F26
MOU March 25, 2024 – June 30, 2026
PDEO Board CITY
____ __________________ ____ _________________
Date John Urkov Date L. Todd Hileman
PDEO Board Member City Manager
____ __________________ ____ _________________
Date Alex Vasquez Date Andrea Staehle
PDEO Board Member Human Resources Manager
____ __________________ ____ _________________
Date Kevin Swartz Date Shannon Vonnegut
PDEO Board Member Assistant Director of Library Services ____ __________________ ____ _________________
Date Jose Rojas Date Shawn Muir
PDEO Board Member Community Services Manager
____ __________________
Date Amber Molina
Human Resources Analyst
____ __________________
Date Isra Shah
City Attorney
DocuSign Envelope ID: B2E75CF8-9EAA-478D-9011-14F3696A7F26 3/26/2024
3/26/2024
3/26/2024
3/27/2024
3/26/2024
3/27/2024
3/27/2024
3/27/2024
3/27/2024
4/2/2024
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: April 11, 2024
PREPARED BY: Chris Escobedo, Assistant City Manager
Daniel Hurtado, Public Safety Analyst
REQUEST: APPROVE A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF PALM DESERT AND GLEN M. KAMMERER AND SHERILL R.
KAMMERER FOR AN APPROXIMATELY 1.01-ACRE SITE ON MOUNTAIN VIEW, ASSESSOR’S PARCEL NO. 637-300-023
RECOMMENDATION:
1. Approve Purchase and Sale Agreement in substantial form for the acquisition of APN 637- 300-023.
2. Authorize the Director of Finance to appropriate $1,640,359 from undesignated General Fund Reserve monies to Account No. 1104159-4219100 for the Mountain View Flood Infrastructure Improvements Project.
3. Authorize the City Attorney to make any necessary nonmonetary changes to agreements.
4. Authorize the City Manager to execute all documents necessary to effectuate this action.
BACKGROUND/ANALYSIS:
Between August 2022 and January 2023, California received approximately a year’s worth of rainfall. Due to the heavy rain, significant ponding occurs at the approximately 77700 block of Mountain View creating unsafe driving conditions. Unfortunately, even during regular storms, this area ponds up because of the street configuration having a sump condition.
The homeowners are inconvenienced since the nature of this street frequently creates a low spot that can hold about 4’ of water. During the Hillary Storm, they not only experienced that depth of water but also significant wave action as cars were routed off Washington Street trying to pass through this area. These waves almost had water enter their homes. During another storm, on trash day, there was ponding that caused their trash cans to float, discharging their contents through the street and creating a health hazard.
There is a vacant lot priced at $453,000.00 at this sump location that may be purchased and graded as a retention basin to help contain these excessive flows. The intent would be to contain the normal rainfall, thereby making this a safer street to travel on, and the surrounding homeowners will no longer be inconvenienced. It would also be designed in such a way as to reduce or minimize the flooding of this street to the top of the curb, or at least less than 1’, during extraordinary events. Public Works can then support other critical areas of the City during storm events and this basin will help the water percolate into the ground quicker, to avoid vector accumulation.
Approval of the Purchase and Sale Agreement would allow the City to acquire the parcel to serve a public benefit to the neighborhood and those utilizing that road. Staff will incorporate this
City of Palm Desert
(Purchase and Sale Agreement Between COPD and Kammerer)
parcel acquisition into a Capital Improvement Project for fiscal year 2024/2025, which will include the design and construction of the project.
Legal Review:
The City Attorney has reviewed and approved the report and Purchase and Sale Agreement.
Strategic Plan:
The proposed purchase and sale agreement and development of the subject property align with the City’s Envision Palm Desert Strategic Plan in the following sections:
Transportation – Priority 1: Create walkable neighborhoods and areas within Palm Desert that Would include residential; retail; services and employment centers; and parks, recreation, and open space to reduce the use of low occupancy vehicles.
Public Safety & Emergency Services – Priority 3: Help the community be more prepared for disasters and public safety emergencies.
FINANCIAL IMPACT:
The total consideration to be paid by the buyer to acquire the property $453,000. The preliminary cost estimate for the project total is $1,172,359. The total costs are estimated below and upon appropriation, this project will be paid from the General Services Disaster Emergencies Account No. 1104159 – 4219100.
Preliminary Project Cost Estimate
Infrastructure $947,816
Land Acquisition $453,000
Land Acquisition Fees $15,000.00
Entitlements $29,150
20% Contingency $195,393
Total Project Costs $1,640,359
ATTACHMENTS:
1. Purchase and Sale Agreement
2. Preliminary Cost Estimate
PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS
This PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS (the “Agreement”) is dated as of March 28, 2024 (the “Execution Date”) and is entered into by and between Glen M. Kammerer and Sherill R. Kammerer, (“SELLER”) and CITY OF PALM DESERT, a California charter city (“BUYER”).
RECITALS
A. The SELLER is the owner of the fee simple interest in that certain property referenced as Assessor’s Parcel No. 637-300-023 in the City of Palm Desert consisting of five (1) parcels of land totaling approximately 1.01 acres in total size (the “Property”), as described on Exhibit “A,” attached hereto and made a part hereof by this reference.
B. SELLER and BUYER agree that the purchase price is Four Hundred Fifty Three Thousand and 00/100 Dollars ($453,000.00) available immediately at close of escrow, and BUYER agrees to the purchase of the property “AS-IS”, except as specifically provided in this Agreement.
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants and obligations contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the SELLER and BUYER hereto agree as follows:
Section 1. Recitals.
The recitals set forth above are true and correct and incorporated herein by this reference.
Section 2. Purchase and Sale of Property.
Subject to all of the terms, conditions, and provisions of this Agreement and for the consideration set forth below, SELLER hereby agrees to sell, convey, and transfer to BUYER and BUYER hereby agrees to acquire all of the right, title, and interest of SELLER in and to the Property.
The Property will be conveyed to BUYER when the Purchase Price is paid in full in accordance with this Agreement.
Section 3. Consideration.
The total consideration to be paid by BUYER for the acquisition of the Property shall be FOUR HUNDRED FIFTY THREE THOUSAND AND 00/100 Dollars ($453,000.00) (the “Purchase Price”). The Purchase Price shall be payable by BUYER to SELLER in accordance with the following terms and conditions:
(a) Initial Deposit. Within three (3) Business Days following the Opening of Escrow (as defined below), Buyer shall deposit into Escrow (as defined below) the sum of Twenty-Two Thousand, Five Hundred Dollars ($22,500.00), in the form of cash, which amount shall serve as an earnest money deposit (“Earnest Money Deposit” or “Deposit”). 1 Authentisign ID: E8508466-7FEF-EE11-AAF0-6045BDDAA143
(b) Closing Deposit. The Purchase Price, less the Earnest Money Deposit (“Closing Deposit”), shall be paid by Buyer to Escrow Agent, in the form of Cash, pursuant to Section 6. (c) Notwithstanding anything herein to the contrary, One Hundred Dollars ($100.00) of the Earnest Money Deposit (the "Independent Consideration") shall not be refundable to BUYER, but shall represent consideration for this Agreement and shall be paid to SELLER. The Independent Consideration shall be paid to SELLER upon Closing or upon termination of this Agreement. The Independent Consideration shall serve as consideration for the granting of the time periods herein contained for BUYER to exercise BUYER's right to satisfy and approve all of BUYER's conditions herein contained and shall not be applied toward the Purchase Price. (d) If directed by BUYER, the Deposit will be invested by Escrow Holder in an interest-bearing account at a financial institution acceptable to BUYER and SELLER, and all such interest shall accrue to the benefit of BUYER and be deemed part of the Deposit.
Section 4. Opening of Escrow.
(a) The transfer and sale of the Property shall take place through escrow (the “Escrow”), and such Escrow shall be administered by Alissa Vatter of Fidelity National Title (or Seller’s Choice – Please indicate if so). The Escrow for the Property shall be deemed open (“Opening of Escrow”) upon the receipt by the Escrow Holder of a copy of this Agreement executed by SELLER and BUYER. The date of Opening of Escrow shall be memorialized by Escrow Holder in writing delivered to the parties.
(c) If this Agreement is terminated or Escrow is cancelled as a result of a default by SELLER, then SELLER shall be solely responsible to the Escrow Holder for payment of all customary and reasonable escrow cancellation charges to the Escrow Holder without further or separate instruction to the Escrow Holder. If this Agreement is terminated or Escrow is cancelled for any reason other than SELLER’s default, then BUYER shall be solely responsible for the payment of all customary and reasonable escrow cancellation charges to the Escrow Holder without further or separate instruction to the Escrow Holder.
Section 5. Due Diligence Period.
(a) As used in this Agreement, the term “Due Diligence Period” shall refer to a period of time to expire at 5:00 p.m., Pacific Time, on the date which is sixty (60) days from the Opening of Escrow to allow the BUYER the opportunity to investigate the condition and suitability of the Property for BUYER’s intended use. In the event BUYER finds the Property unsatisfactory for any reason, at its sole discretion, BUYER shall notify SELLER and Escrow Holder in writing prior to the expiration of the Due Diligence Period and, thereafter, SELLER and BUYER shall have no further obligation to each other, Escrow shall be cancelled and this Agreement shall automatically terminate on the date of such election and the parties shall each be relieved and discharged from all further responsibility or liability under this Agreement and BUYER’s failure to give written notice of termination to SELLER on or before the expiration of the Due Diligence Period shall constitute an election by BUYER to waive the termination right contemplated under this Section 5 and proceed with this Agreement, subject to all the other terms and conditions of this Agreement.
(b) SELLER hereby grants to BUYER for use by BUYER and its officers, directors, employees, agents, representatives, tenants, prospective tenants, contractors, and other persons accessing the Property by, through or with the permission or under the direction or auspices of BUYER, a limited and revocable license to enter upon the Property for purposes of (a) conducting BUYER’s due diligence inspection and/or (b) obtaining data and making surveys and tests, determined reasonably necessary by BUYER to permit it to determine the physical condition of the Property and any hazardous substances located thereon and to determine the suitability of the Property for BUYER’s purposes, provided that, BUYER shall (i) give the 2 Authentisign ID: E8508466-7FEF-EE11-AAF0-6045BDDAA143
SELLER forty eight (48) hours telephonic, electronic mail or written notice of any intended access which involves work on the Property; and (ii) conduct no Invasive Investigations without the written consent of the SELLER. In this regard, the term “Invasive Investigations” means and refers to environmental testing, sampling, invasive testing, or boring into the soils. If BUYER desires to conduct any Invasive Investigations, it will first provide SELLER with a written statement describing the scope of any such Invasive Investigations. SELLER will not unreasonably withhold, condition, or delay its consent to any such Invasive Investigations and will be deemed to have given its consent to the specified scope of such Invasive Investigations if SELLER does not (within three (3) business days following receipt of the proposed scope of such Invasive Investigations) give BUYER a written statement identifying those items to which SELLER has an objection.
(c) If not already provided by SELLER to BUYER, within five (5) days following the Opening of Escrow, SELLER shall deliver to BUYER copies of the following materials (the “Property Information”) which SELLER or any affiliate of SELLER has in its possession, or to which SELLER or any affiliate of SELLER has access through the exercise of commercially reasonable efforts:
(i) Copies of any existing title policy/commitment and any existing survey in SELLER’s possession or control that relate to the Property, including complete and legible copies of all instruments referred to in the title policy or commitment as conditions or exceptions to the title of the Property;
(ii) All environmental reports, engineering studies, soil-bearing test data and any similar reports and studies with respect to the Property; (iii) All existing documents relating to the development rights pertaining to the Property, including, without limitation, zoning, site plan, concurrency and other developmental governmental permits and approvals; pending applications for approvals and permits and materials in support of any such applications; and developer agreements or other agreements with governmental entities; (iv) All current tenant leases with any and all amendments; (v) All service contracts, warranties, and tenant correspondence relating to the Property;
(vi) Any declarations of easements, covenants and restrictions and/or property owners’ association documents which pertain to the Property and any drafts of any easements or declarations proposed to affect any portion of the Property; and (vii) Such other items in Seller’s possession or under Seller’s control that BUYER may reasonably request in connection with its inspection of the Property and determination of the feasibility of the Project.
(d) Upon BUYER’s receipt of any Property Information, BUYER shall have the unrestricted right to use such information, including reports and studies, in connection with BUYER’s review of the Property and BUYER’s efforts to obtain its permits and approvals; provided that any such use shall be without any representation or warranty from Seller of any kind as to any information contained in such Property Information. BUYER shall have the right to make copies of same at BUYER’s expense and to distribute the same to its attorneys and consultants. To the extent that any new or updated information pertaining to the Property is received by SELLER or any of its agents or employees while this Agreement is in effect, SELLER promptly shall deliver a true, correct and complete copy of such new and/or updated information to BUYER.
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Section 6. City Council Approval. As a condition precedent to BUYER’s obligation to purchase the Property, BUYER’s city council shall have approved this Agreement and the purchase of the Property (“Final Approval”). Notwithstanding anything to the contrary contained herein, as of the date of this Agreement, said Final Approval has not yet been granted. Absent Final Approval, BUYER shall have no obligation to purchase the Property from SELLER or otherwise perform under this Agreement. BUYER’s representatives shall diligently pursue said approval. Upon final consideration of this Agreement by the BUYER’s legislative body, the BUYER shall issue formal notice to the Seller whether Final Approval is granted or denied. In the event that Final Approval is denied (i) this Agreement shall be terminated and neither party shall have any further rights or obligations hereunder, excepting any rights or obligations that expressly survive termination, (ii) the escrow shall be canceled, and (iii) all documents and funds shall be returned by the Escrow Holder to each party who deposited the same.
Section 7. Close of Escrow.
(a) As used herein, “Close of Escrow” means and refers to the date on which the conditions set forth in this Agreement for the close of Escrow for the transfer of the Property have been satisfied, and the Deed is recorded by the Escrow Holder. The Property shall be transferred to BUYER at the Close of Escrow, provided that within the periods of time set forth in this Agreement provided: (i) BUYER has not terminated this Agreement, (ii) BUYER has accepted the Deed, and (iii) all other conditions of the Close of Escrow set forth in this Agreement have been met and BUYER has paid, or caused to be paid to the Escrow Holder all applicable escrow costs relating to such closing. The Close of Escrow shall occur on a date designated by BUYER (on advance notice to SELLER) no later than thirty (30) days after the later of (i) the expiration of the due diligence period or (ii) Final Approval. (b) Conditions to Buyer’s Performance. BUYER’s obligation to consummate the Close of Escrow is conditioned on all of the following:
(1) SELLER’s Closing Deliveries. At Close of Escrow, SELLER shall deliver the following to the Escrow Holder:
(i) The Deed, executed and acknowledged by SELLER, in the form attached as Exhibit B.
(ii) an affidavit of non-foreign status of SELLER under the Foreign Investment in Real Property Tax Act.
(iii) a settlement statement showing both the SELLER’s and the BUYER’s credits and debits consistent with this Agreement (the “Settlement Statement”).
(iv) any transfer declarations required by applicable law; (v) an owner’s affidavit in form and substance reasonably acceptable to Escrow Holder to delete the non-survey related standard, pre-printed exceptions. (vi) any other customary closing documents in form and substance reasonably satisfactory to SELLER and BUYER to consummate the Transaction. (2) Pre-Existing Obligations. There shall exist no leases, contracts or rights of occupancy or other agreements or contracts with respect to the Property entered into by SELLER that shall survive the Close of Escrow.
(3) Title Conditions Satisfied. The Escrow Holder shall be in a position to issue the Title Policy to BUYER in the amount of the Purchase Price with respect to the Property and subject only to the exceptions permitted by Section 9 of this Agreement. 4 Authentisign ID: E8508466-7FEF-EE11-AAF0-6045BDDAA143
(4) SELLER’s Deliveries Complete. SELLER shall have delivered all of the documents and other items required pursuant to Section 7(b)(1) and shall have performed all other material obligations under this Agreement to be performed by SELLER at or prior to the Close of Escrow provided that SELLER shall have a reasonable opportunity to cure any such default after receiving written notice thereof from BUYER.
(5) Representations True. All representations and warranties made by SELLER in this Agreement shall be true and correct in all material respects on and as of the Close of Escrow, as if made on and as of such date. (c) Conditions to SELLER's Performance. SELLER's obligation to consummate the Close of Escrow is conditioned on all of the following:
(1) BUYER's Closing Deliveries. At the Close of Escrow, BUYER shall deliver the following:
(i) The Purchase Price less the Deposit, as adjusted for apportionments and other adjustments required under this Agreement, plus any other amounts required to be paid by BUYER at the Close of Escrow. (ii) The Settlement Statement.
(iii) any transfer declarations required by applicable law; (iv) any other customary closing documents in form and
substance reasonably satisfactory to BUYER to consummate the Transaction. (2) BUYER's Deliveries Complete. BUYER shall have delivered all of the documents and other items required pursuant to Section 6(c)(1) and shall have performed all other material obligations to be performed by BUYER at or prior to the Close of Escrow provided that BUYER shall have a reasonable opportunity to cure any such default after receiving written notice thereof from SELLER. (3) Representations True. All representations and warranties made by BUYER in this Agreement shall be true and correct in all material respects on and as of the Closing Date, as if made on and as of such date.
Section 8. Escrow Instructions.
SELLER and BUYER each agree to execute and deliver to the Escrow Holder the customary supplemental written escrow instructions (consistent with the terms of this Agreement) of the Escrow Holder. In the event of a conflict between the additional terms of such customary supplemental escrow instructions of the Escrow Holder and the provisions of this Agreement, this Agreement shall supersede and be controlling. Upon any termination of this Agreement or cancellation of the Escrow, except as results from the default of SELLER, BUYER shall be solely responsible for the payment of the escrow cancellation costs of the Escrow Holder.
Section 9. Conveyance of Title.
(a) On or before the Close of Escrow, SELLER shall deliver to the Escrow Holder the Grant Deed, in form attached hereto as Exhibit “B” (the “Deed”) duly executed and acknowledged by SELLER. The Deed shall grant fee simple marketable title to the Property to BUYER. The Escrow Holder shall be instructed to record the Deed in the Official Records of Riverside County, California, if and when the Escrow Holder holds the funds for the SELLER as set forth herein.
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(b) Within five (5) days following the Opening of Escrow, SELLER shall use commercially reasonable efforts to cause to be delivered or otherwise made available to BUYER a current preliminary report from a title company of BUYER’s choice (the “Title Company”) covering the Property, together with full and legible copies of all supporting documents (collectively, “Preliminary Report”), and may further order a survey of the Property from a licensed surveyor sufficient to obtain an ALTA title insurance policy (“Survey”). The Title Company shall issue an ALTA Owner’s policy (“Title Policy”) at the Close of Escrow insuring fee title in BUYER, subject only to the following matters:
(1) a lien for real property taxes, bond, or assessments not then delinquent;
(2) matters of the Property’s title not disapproved by BUYER in writing;
(3) all matters that affect title to the Property that would be revealed by an accurate and complete survey of the Property as of the end of the Inspection Period; (4) dedication of all streets abutting the Property;
(5) customary utility rights-of-way and easements that do not materially interfere with the existing use of the Property; (6) zoning and other governmental restrictions;
(7) matters common to any general area or subdivision in which the Property is located;
(8) matters affecting the condition of the Property’s title created by or with the consent of the BUYER or BUYER’s officers, employees or agents. (9) such other title exceptions, if any, resulting from documents being recorded or delivered through Escrow.
Section 10. Inspections and Review.
(a) BUYER acknowledges and agrees that the Property is being conveyed in an "AS IS," “WHERE IS” condition and "WITH ALL FAULTS" as of the date of this Agreement and the date of Close of Escrow. Except as expressly set forth in this Agreement, no representations or warranties have been made or are made and no responsibility has been or is assumed by SELLER or by any officer, person, firm, agent or representative acting or purporting to act on behalf of SELLER as to the condition or repair of the Property or the value, expense of operation, or income potential thereof, or as to any other fact or condition which has or might affect the Property or the condition, repair, value, expense of operation or income potential of the Property or any portion thereof. BUYER further acknowledges and agrees that it has relied solely upon its own investigations of the Property and its own review of such information and documentation as it has deemed appropriate and is satisfied with the opportunity afforded for investigation. BUYER is not relying upon any statement or representation by SELLER or by any officer, person, firm, agent or representative acting or purporting to act on behalf of SELLER unless such statement or representation is specifically embodied in this Agreement, or the Exhibits attached hereto. Except as expressly set forth herein, SELLER makes no representations or warranties as to whether the Property contains any Hazardous Materials or pertaining to the extent, location or nature of the same. Further, to the extent that SELLER has provided to BUYER information from any inspection, engineering or environmental reports concerning any Hazardous Materials, SELLER makes no representations or warranties with 6 Authentisign ID: E8508466-7FEF-EE11-AAF0-6045BDDAA143
respect to the accuracy, completeness, methodology of preparation or otherwise concerning the contents of such reports.
(b) The provisions of this Section 10 shall survive the Close of Escrow and shall be binding upon BUYER.
(c) SELLER shall assist and cooperate with BUYER in endeavoring to remove title exceptions unacceptable to BUYER, but SELLER shall have no obligation to cause such objections to be removed or to expend any sums in such endeavor, except that SELLER shall remove all monetary liens and encumbrances created by or as a result of SELLER’s activities.
(e) SELLER covenants not to further encumber and not to place any further liens or encumbrances on the Property, including, but not limited to, covenants, conditions, restrictions, easements, liens, options to purchase, rights of first offer options to lease, leases, tenancies, or other possessory interests.
(f) SELLER covenants not to authorize others to take any action that adversely affects the physical condition of the Property or its soils to any material extent.
Section 11. Closing Costs, Possession.
(a) SELLER shall pay: (i) the cost of recording any releases of mortgages, liens or encumbrances as required hereunder; (ii) one half of Escrow Agent’s fees and costs for the Escrow, (iii) the cost of an ALTA Standard Owner’s Policy in the amount of the Purchase Price, (iv) Seller’s share of prorations, and (v) Seller’s attorneys’ fees. BUYER shall pay (i) the premium for any requested ALTA extended coverage title policy, cost of the Survey and all requested ALTA survey policy endorsements, (ii) the cost of recording the Deed and any documentary or other transfer taxes payable on account of the conveyance of the Property to BUYER, (iii) one half of Escrow Agent’s fees and costs for the Escrow; (iv) BUYER’s share of prorations, and (v) Buyer’s attorneys’ fees. Any other costs shall be divided among the parties in accordance with practices as are customary for similar transactions in the region where the Property is located.
(b) BUYER shall be entitled to exclusive possession of the Property immediately upon the Close of Escrow.
Section 12. Representations and Warranties.
(a) SELLER hereby makes the following representations, covenants and warranties:
(1) Power and Authority. SELLER has the legal power, right and authority to enter into this Agreement and to execute the instruments and documents referenced herein, and to consummate the transaction contemplated hereby. (2) Requisite Action. SELLER has taken all requisite action and obtained all requisite consents in connection with entering into this Agreement and the instruments and documents referenced herein and the consummation of the transactions contemplated hereby, and no consent of any other party is required. (3) Enforceability of Agreement. The persons executing this Agreement and any instrument or document referenced herein for or on behalf of SELLER have been duly authorized to so act on behalf of SELLER and this Agreement and any such 7 Authentisign ID: E8508466-7FEF-EE11-AAF0-6045BDDAA143
instrument or document is valid and legally binding on SELLER and enforceable against SELLER in accordance with their respective terms.
(4) _No Litigation. There is no pending or, to the best of SELLER’s knowledge, threatened claims, action, allegations or lawsuit of any kind, whether for personal injury, property damage, property taxes, or otherwise, that could affect the Property. (5) No Violation. Neither the execution of this Agreement or the other instruments and documents referenced herein nor the performance by SELLER of its obligations hereunder and thereunder shall result in a breach or constitute a default under any agreement, document, instrument or other obligation to which SELLER is a party or by which SELLER may be bound or under law, statute, ordinance, rule, governmental regulation, state constitution, or any writ, injunction, order or decree of any court or governmental body applicable to SELLER.
(6) Operation and Condition Pending Closing. Between the date of this Agreement and the Close of Escrow hereunder, SELLER will continue to manage, operate, and maintain the Property in the same manner as existed prior to the execution of this Agreement.
(7) Contracts. There are no contracts or agreements to which SELLER is a party relating to the operation, maintenance, development, improvement, or ownership of the Property which will survive the Close of Escrow. (8) Hazardous Substances. To SELLER’s knowledge, after due inquiry, except as disclosed in any Phase I Environmental Inspection Report delivered by SELLER to BUYER (the “Environmental Report”), the Property has not been used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce, or process Hazardous Substances (defined below) or solid waste, except in compliance with all applicable federal, state, and local laws, rules, and regulations, and Seller has not caused or knowingly permitted and has no knowledge of the presence or any Release (defined below) of any Hazardous Substances on or offsite the Property. For the purposes of this Agreement, “Hazardous Substances” shall include, without limitation, asbestos, polychlorinated biphenyls, and petroleum (including crude oil or any fraction thereof), and materials or substances defined as “hazardous waste,” “hazardous substances,” “hazardous materials,” “pollutants,” or “toxic substances” in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (PL 99-499); the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et. seq.; the Toxic Substance Control Act, 15 U.S.C. Section 2601, et. seq.; the Resource Conservation and Recovery Act, as amended, 42 U.S.C. Section 6901, et. seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251, et. seq.; any environmental law promulgated by the State of California; and in the rules or regulations adopted and guidelines promulgated pursuant to said laws. “Release” shall mean releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, disposing or dumping.
All representations and warranties contained in this Section 12(a) are true and correct on the date hereof and on the date of the Close of Escrow and shall survive the Close of Escrow. (b) Warranties and Representations by BUYER. BUYER hereby makes the following representations, covenants and warranties and acknowledges that the execution of this Agreement by SELLER has been made in material reliance by SELLER on such covenants, representations, and warranties:
(1) Subject to the Final Approval, BUYER has the legal right, power and authority to enter into this Agreement and the instruments and documents referenced herein and to consummate the transactions contemplated hereby. The persons executing this 8 Authentisign ID: E8508466-7FEF-EE11-AAF0-6045BDDAA143
Agreement and such other instruments as may be referenced herein on behalf of BUYER hereby represent and warrant that such persons have the power, right and authority to bind BUYER.
(2) Except for the Final Approval, BUYER has taken all requisite action and obtained all requisite consents in connection with entering into this Agreement and the instruments and documents referenced herein and the consummation of the transactions contemplated hereby, and no consent of any other party is required. (3) Subject to the Final Approval, this Agreement is, and all instruments and documents to be executed by BUYER pursuant to this Agreement shall be, duly executed by and are or shall be valid and legally binding upon BUYER and enforceable in accordance with their respective terms.
(4) Subject to the Final Approval, neither the execution of this Agreement nor the consummation of the transaction contemplated hereby shall result in a breach of or constitute a default under any other agreement, document, instrument, or other obligation to which BUYER is a party or by which BUYER may be bound, or under law, statute, ordinance, rule governmental regulation or any writ, injunction, order or decree of any court or governmental body applicable to BUYER.
All representations and warranties contained in this Section 12(b) are true and correct on the date hereof and on the date of the Close of Escrow and shall survive the Close of Escrow.
Section 13. Conflict of Interest.
No member, official or employee of either party having any conflict of interest, direct or indirect, related to this Agreement and the use and development of the Property shall participate in any decision relating to the Agreement. The parties represent and warrant that they do not have knowledge of any such conflict of interest.
Section 14. Nonliability of Officials and Employees.
No officer, official or employee of either party shall be personally liable to the other party, or any successor in interest of such other party, in the event of any default or breach or for any amount which may become due hereunder, or on any obligations under the terms of this Agreement.
Section 15. Indemnification.
BUYER agrees to indemnify and hold SELLER and its officers, employees, and agents harmless from and against all damages, judgments, costs, expenses, and attorney’s fees arising from or related to any act or omission of BUYER in performing its investigations of the Property, except to the extent caused by the gross negligence or willful misconduct of SELLER.
SELLER shall give BUYER written notice of the occurrence of a claim, litigation or other matters for which SELLER seeks indemnity under this Section as promptly as practicable following SELLER’S knowledge of the occurrence of such matter and SELLER shall reasonably cooperate with BUYER in the defense of any such claim or matter and shall not take any action that would adversely affect BUYER’s defense of such matter.
Section 16. Default.
(a) Default by Buyer; Limitation on Liability; Liquidated Damages. IF BUYER
REFUSES OR FAILS TO CONSUMMATE THE CLOSE OF ESCROW UNDER THIS AGREEMENT FOR ANY REASON OTHER THAN: (I) THE FAILURE OF AN EXPRESS 9 Authentisign ID: E8508466-7FEF-EE11-AAF0-6045BDDAA143
CONDITION PRECEDENT TO BUYER’S OBLIGATION TO CLOSE, OR (II) ANY OTHER
EXPRESS RIGHT OF BUYER SET FORTH IN THIS AGREEMENT TO TERMINATE THIS
AGREEMENT, AND IF BUYER FAILS TO CURE ANY SUCH FAILURE TO COMPLETE THE CLOSE OF ESCROW WITHIN TEN (10) DAYS FOLLOWING RECEIPT OF A WRITTEN
NOTICE FROM SELLER INDICATING THE NATURE OF ANY DEFAULT ON THE PART OF
BUYER, THE SELLER SHALL RETAIN THE DEPOSIT, PLUS ANY INTEREST ACCRUED THEREON, AS SELLER’S SOLE REMEDY FOR BUYER’S FAILURE TO CLOSE OR FOR
ANY DEFAULT ON THE PART OF BUYER UNDER THIS AGREEMENT, AND IN SUCH A
CASE, BOTH PARTIES SHALL BE RELIEVED OF AND RELEASED FROM ANY FURTHER LIABILITY HEREUNDER. THE PARTIES HAVE AGREED THAT SELLER'S ACTUAL
DAMAGES, IN THE EVENT OF A DEFAULT BY BUYER, WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE. SELLER AND BUYER AGREE THAT
THE DEPOSIT, PLUS ANY INTEREST ACCRUED THEREON, IS A FAIR AND REASONABLE
AMOUNT TO BE RETAINED BY SELLER AS AGREED AS LIQUIDATED DAMAGES IN LIGHT OF SELLER’S REMOVAL OF THE PROPERTY FROM THE MARKET AND THE
COSTS INCURRED BY SELLER AND SHALL NOT CONSTITUTE A PENALTY OR A FORFEITURE.
BY PLACING ITS INITIALS BELOW, EACH PARTY SPECIFICALLY CONFIRMS THE
ACCURACY OF THE STATEMENTS MADE ABOVE AND THE FACT THAT EACH PARTY
WAS REPRESENTED BY COUNSEL WHO EXPLAINED, AT THE TIME THIS AGREEMENT WAS MADE, THE CONSEQUENCES OF THIS LIQUIDATED DAMAGES PROVISION.
INITIALS: SELLER: BUYER:
(b) Default By Seller; Other Failure To Consummate Agreement. IN THE
EVENT OF ANY DEFAULT ON THE PART OF SELLER UNDER THIS AGREEMENT, WHICH SELLER FAILS TO CURE WITHIN TEN (10) DAYS FOLLOWING RECEIPT OF A WRITTEN NOTICE, BUYER SHALL HAVE THE RIGHT, IN BUYER’S SOLE DISCRETION AND AS ITS
SOLE AND ONLY REMEDIES HEREUNDER TO THE EXCLUSION OF ALL OTHER
POTENTIAL REMEDIES, TO EITHER (I) TERMINATE THIS AGREEMENT AND RECEIVE
THE DEPOSIT PLUS ANY INTEREST ACCRUED THEREON, AND RECEIVE FROM SELLER ALL OF PURCHASER’S OUT OF POCKET THIRD PARTY COSTS AND EXPENSES IN
CONNECTION WITH THIS TRANSACTION, IN WHICH EVENT THIS AGREEMENT SHALL
AUTOMATICALLY TERMINATE AND BE OF NO FURTHER FORCE OR EFFECT AND
NEITHER PARTY SHALL HAVE ANY FURTHER RIGHTS OR OBLIGATIONS HEREUNDER,
OTHER THAN PURSUANT TO ANY PROVISION HEREOF WHICH EXPRESSLY SURVIVES THE TERMINATION OF THIS AGREEMENT; (II) BRING AN ACTION FOR SPECIFIC PERFORMANCE; OR (III) WAIVE SUCH FAILURE OR BREACH AND PROCEED TO
CONSUMMATE THE PURCHASE OF THE PROPERTY, WAIVING ANY CLAIM AGAINST
SELLER AND RELEASING SELLER FROM ANY LIABILITY OR OBLIGATIONS IN
CONNECTION THEREWITH (PROVIDED THAT IN NO EVENT SHALL PURCHASER HAVE THE RIGHT TO WAIVE ANY OF SELLER’S CONDITIONS PRECEDENT HEREUNDER).
INITIALS: SELLER: BUYER:
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Section 17. Broker Commissions. SELLER and BUYER each represent and warrant to the other that no real estate agent or broker was involved in negotiating the transaction contemplated herein except for CBRE, Inc. (Marco Rossetti, Brian Hutcherson and Matraya Homans) (“BUYER’s Broker”) and The Pena Group (“Seller’s Broker”). Buyer will pay to its representative CBRE, Inc. a 3% commission for its efforts hereunder at the Close of Escrow, separate and independent of the Purchase Price. Seller shall pay the Seller’s Broker, The Pena Group, a 3% commission at the Close of Escrow. In the event any other claims for real estate commissions, fees or compensation (collectively “Compensation”) arise in connection with this transaction, the party so incurring or causing such claims agrees to indemnify, defend and hold harmless the other party from any loss or damage, including attorneys’ fees, which said other party suffers because of said claims. Neither BUYER nor SELLER shall have any liability to BUYER’s Broker if this transaction should fail to close for any reason whatsoever.
Section 18. Natural Hazard Disclosures. As used herein, the term “Natural Hazard Area” shall mean those areas identified as natural hazard areas or natural hazards in the Natural Hazard Disclosure Act, California Government Code Sections 8589.3, 8589.4 and 51183.5, and California Public Resources Code Sections 2621.9, 2694 and 4136, and any successor statutes or laws (collectively, the “Natural Hazards Laws”). SELLER shall provide BUYER with a Natural Hazard Disclosure Statement (“Disclosure Statement”) in a form required by the Natural Hazards Laws by not less than twenty (20) days prior to the end of the Due Diligence Period.
BUYER acknowledges that SELLER will retain the services of Escrow Holder, or its agent, to examine the maps and other information made available to the public by government agencies for the purpose of enabling SELLER to fulfill its disclosure obligations with respect to the Natural Hazards Laws and to prepare the written report of the result of its examination (“Natural Hazards Report”). BUYER acknowledges that the Natural Hazards Report will fully and completely discharge SELLER from its disclosure obligations under the Natural Hazards Laws and under California Civil Code Sections 1102 through 1102.17. BUYER acknowledges and agrees that nothing contained in the Disclosure Statement releases BUYER from its obligation to fully investigate and satisfy itself with the condition of the Property, including, without limitation, whether the Property is located in any Natural Hazard Area. BUYER further acknowledges and agrees that the matters set forth in the Disclosure Statement or Natural Hazards Report may change on or prior to the Closing and that SELLER has no obligation to update, modify or supplement the Disclosure Statement or Natural Hazards Report.
Section 19. Time of the Essence.
Time is of the essence with respect to the Close of Escrow and all of the provisions of this Agreement.
Section 20. Miscellaneous.
(a) This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and together shall constitute one and the same agreement, with one counterpart being delivered to each party hereto.
(b) All periods of time referred to in this Agreement shall include all Saturdays, Sundays and state or national holidays, provided that if the date or last date to perform any act or give any notice with respect to this Agreement shall fall on a Friday, Saturday, Sunday or state or national holiday, such act or notice may be timely performed or given on the next succeeding day which is not a Friday, Saturday, Sunday or state or national holiday.
(c) The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions hereof unenforceable, invalid, or illegal. 11 Authentisign ID: E8508466-7FEF-EE11-AAF0-6045BDDAA143
Section 21 Entire Agreement
(a) This Agreement and the exhibits attached hereto constitute the entire understanding and Agreement of the parties.
(b) This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto with respect to the Property. (c) The headings to the paragraphs of this Agreement are for convenience of reference only, do not form a part of this Agreement and shall not in any way affect its interpretation.
REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY
12 Authentisign ID: E8508466-7FEF-EE11-AAF0-6045BDDAA143
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the dates set forth below.
BUYER:
CITY OF PALM DESERT,
a California charter city
By: __________________________________ Date: ____________________ L. Todd Hileman, City Manager
ATTEST: APPROVED AS TO LEGAL FORM:
By: ____________________________ By: __________________________ Anthony Mejia, MMC, City Clerk City Attorney, Best Best & Krieger LLC Date: __________________________ Date: ________________________ SELLER:
Glen M. Kammerer
By: ____________________________ Date: ___________________ Title:_____________________________________
Sherill R. Kammerer
By: ____________________________ Date: ___________________ Title:_____________________________________
EXHIBIT “A”
Legal Description
13 Authentisign ID: E8508466-7FEF-EE11-AAF0-6045BDDAA143
APN 637-300-023 described as five (1) parcels of land totaling approximately 1.01 acres. 14 Authentisign ID: E8508466-7FEF-EE11-AAF0-6045BDDAA143
EXHIBIT B
Form of Deed
[See attached]
15 Authentisign ID: E8508466-7FEF-EE11-AAF0-6045BDDAA143
(Space Above This Line for Recorder’s Use Only)
GRANT DEED
For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the _____________________________________(“Grantor”), hereby grants to City of Palm Desert, a California charter city (“Grantee”), the real property (the “Property”) located in the City of Palm Desert, County of Riverside, California, known as [PROPERTY ADDRESS] and more particularly described in Attachment No. 1 attached hereto and incorporated in this grant deed (“Grant Deed”) by reference.
RECORDING REQUESTED BY AND
AFTER RECORDATION MAIL TO:
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, California 92260
Attention: Economic Development Director
This document is exempt from the payment of a recording fee pursuant to Government Code §§ 6103, 27383
GRANTOR:
Date: _______________________, 20__ By: [form document – do not execute] Name:
[SIGNATURE MUST BE NOTARIZED]
Title:
Date: _______________________, 20__ By: [form document – do not execute] Name:
[SIGNATURE MUST BE NOTARIZED]
Title:
16 Authentisign ID: E8508466-7FEF-EE11-AAF0-6045BDDAA143
ACKNOWLEDGMENTS
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
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.
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
State of California )
County of ______________ )
Signature
State of California )
County of _______________ )
Signature
Authentisign ID: E8508466-7FEF-EE11-AAF0-6045BDDAA143
ATTACHMENT NO. 1
LEGAL DESCRIPTION – PROPERTY
APN 637-300-023 described as five (1) parcels of land totaling approximately 1.01 acres.
18 Authentisign ID: E8508466-7FEF-EE11-AAF0-6045BDDAA143
[CERTIFICATE OF ACCEPTANCE TO BE ATTACHED FOR RECORDING] 19 Authentisign ID: E8508466-7FEF-EE11-AAF0-6045BDDAA143
Description Quantity Unit Unit Price Total Price
Planning (CUP) 1 EA $ 2,000.00 $ 2,000
Preliminary Engineering 1 EA 20,000.00 20,000
Environmental Package 1 EA - -
Mitigation / Legal 1 EA 2,000.00 2,000
Agency Fees & Processing 1 EA 2,500.00 2,500
Miscellaneous 10% 26,500.00 2,650
Total Entitlements $ 29,150
Grading
Mobilization 1 LS $ 2,500.00 $ 2,500
Tribal Monitoring 1 MO - -
Earthwork 5,000 CY 20.00 100,000
Import - CY 10.00 -
Clear & Grub 1 AC 2,500.00 2,500
Erosion Control 1 AC 1,000.00 1,000
Storm Drain protection - LS 35,000.00 -
Construction Water/Sewer 1 MO 10,000.00 10,000
Sub Total Grading $ 116,000
Pavement
Asphalt, Concrete Curb & Gutter
Remove & Replace existing gravel - SF $ 0.50 $ -
Pavement (3"AC/4"AB) - SF 3.50 -
6' PCC Sidewalk 900 LF 20.00 18,000
6" Curb - LF 19.00 -
6" Curb & Gutter - LF 25.00 -
Lighting 1 LS 10,000.00 10,000
Landscaping 1 LS 100,000.00 100,000
Landscape furniture 1 LS 25,000.00 50,000
Storm Drain Drywells 1 EA 25,000.00 25,000
Sub Total Paving $ 203,000
Miscellaneous
Professional
Engineering 8.0% $ 348,150 $ 27,852
Surveying 6.0% 348,150 20,889
Legal & Title (CC&R's) 0.0% 348,150 -
Landscape Architect 10.0% 348,150 34,815
Agency
Permits, Fees & Utilities 10.0% 348,150 34,815
Bonds & Assurities 3.0% 348,150 10,445
Land Acquisition 1 LS 500,000 500,000
Structures
Underground Electric - LF 150.00 -
Gas - LF 50.00 -
Misc Utility Trenching - LF 60.00 -
Sub Total Miscellaneous $ 628,816
Sub Total Infrastructure $ 947,816
Sub Total Entitlements $ 29,150
20% Contingency 195,393
Total Project Costs $ 1,172,359
This estimate represents best information & assumptions only. There are no representation concerning the estimated quantities and cost figures other than that all such figures are estimates only; remember that fluctuations in construction cost factors or the actual quantities depicted at the time of bidding and/or construction can vary greatly.
Mountain View Park / Retention Basin
637-300-023
Preliminary Cost Estimate
ENTITLEMENTS
INFRASTRUCTURE
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: April 11, 2024
PREPARED BY: Shawn Muir, Community Services Manager
REQUEST: APPROVE CHANGE ORDERS/AMENDMENT TO CONTRACTS NO.
C44620A-E FOR ON-CALL FACILITIES REPAIRS & IMPROVEMENTS IN THE AMOUNT OF $1,500,000 (PROJECT NO. MFA00009)
RECOMMENDATION:
1. Approve the increase of the annual aggregate amount to Contracts C44620A-E from $3,000,000 to $4,500,0000 for On-call Facilities Repairs & Improvements.
2. Authorize the City Manager to review and approve up to two, one-year extensions per vendor contract for an aggregated amount not to exceed $4,500,000.
3. Authorize the City Manager or designee to review and approve change orders for unanticipated conditions per Section 3.30.170 Section A of Ordinance No. 1335.
4. Authorize the City Manager to execute the change orders and amendments.
BACKGROUND/ANALYSIS:
On January 12, 2023, and August 24, 2023, the City Council awarded the On-Call Facilities Repairs and Improvements Project contracts to:
1. PUB Construction, Inc. of Diamond Bar, California (C44620A)
2. Belfor USA Group of Riverside, California (C44620B)
3. Elite Customs Construction of San Jacinto, California (C44620C)
4. R&R B Inc dba Servpro of Chino/Chino Hills (C44620D)
5. Doug Wall Construction of Bermuda Dunes, California (C44620E) The first three contracts were awarded in an aggregate amount not to exceed $750,000 per fiscal year for three years. On April 27, 2023, the contracts were increased to an annual aggregate contract amount of $3,000,000 to allow staff to address deferred maintenance issues throughout the City. The last two contracts (C44620D and E) were added to the annual aggregate amount on August 24, 2023.
After the award of these contracts, additional project needs were identified, and existing projects were expedited for completion. The City Council approved an appropriation in the amount of $1,810,316.74 from facility reserve funds on March 14, 2024, to complete several projects that were new or had increased in scope.
Staff recommends approving the following:
Change Order 2 to Contracts C44620A and C44620C
Amendment No. 2 to Contract No. C 44620B
Change Order No. 1 to Contract Nos. C44620D and C44620E
City of Palm Desert
Approve Increase for Facilities Contracts (C44620A-E)
This will allow the contract aggregate annual amount to be increased by $1,500,000 for the duration of the contract term and continue the progress in addressing deferred maintenance at public facilities throughout the City.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
The approved Public Works Operations Budget and Capital Improvements Project (CIP) List for Fiscal Year 2023/24 includes a total of $3.9M for repairs and improvements projects under various accounts. Additional funding was identified after the award of these contracts that will assist staff in completing additional projects quickly and efficiently by utilizing economies of scale and bundling multiple projects. Therefore, On March 14, 2024, the City Council approved the appropriation of $1,810,317. Projects and funding are as follows:
Description Account No. 2023-24
Budget
03/14/24
Appropriation
Est. Project
Cost
Corporation Yard Building
Improvements (CFA00016)
4004330-4400100 $350,000 $400,000 $750,000
Civic Center Dog Park
(CFA00011)
4004674-4400100 $450,000 $810,317 $1,260,317
Community Garden
Improvements (CLS00002)
4004618-4400100 $100,000 $50,000 $150,000
University Park East Community
Gardens (CLS00002)
4004618-4400100 $0 $150,000 $150,000
University Dog Park Fence
Replacement (CPK00006)
4004618-4400100 $200,000 $300,000 $500,000
Ironwood Park Improvements –
Restroom (MPK00008)
4004618-4400100 $0 $100,000 $100,000
Fire Station Improvements
(MFA00029-31)
2304220-4400100 $1,160,000 $0.00 $1,160,000
Aquatic Center Improvements
(CFA00009)
2424549-4400100 $1,700,000 $0.00 $1,700,000
Totals $3,960,000 $1,810,317 $5,770,317
Due to the appropriations, staff request approval to increase the annual aggregate to $4.5M for the remainder of the contract term. No additional appropriation is requested at this time; therefore, there is no additional financial impact on the general fund.
ATTACHMENTS:
1. C44620A Change Order No. 2
2. C44620C Change Order No. 2
3. C44620B Amendment No. 2
4. C44620D Change Order No. 1
5. C44620E Change Order No. 1
Contingency:
Less: Expend. / Encumb. To Date:
Less: This Change Order Amount:
Contingency:
Less: Prior Change Order(s):
Less: This Change Order:
__________________________________________________________ dollars and ___/100 (___________) Contractor shall construct, furnish all supervision, labor, services, equipment, and materials, and perform all work necessary or required to fully complete the changes to the Contract described in this Change Order for the amount agreed upon between the Contractor and the City of Palm Desert (“City”).
Contract Purpose:
Contractor Name:
C44620A
2 MFA00009
On-Call Facilities Repairs and Improvements Project
PUB Construction, Inc.
Additional On-Call Facilities Repairs and Improvements $ 1,500,000.00 $ 0.00 $ 1,500,000.00
$ 1,500,000.00
City staff have increased the use of this contract to address deferred maintenance needs and to take on new projects. $ 750,000.00
$ 0.00
$ 750,000.00
$ 3,000,000.00
$ 1,500,000.00
-$ 3,750,000.00
$ 0.00
$ 2,250,000.00
$ 1,500,000.00
-$ 3,750,000.00
The amount of the contract will be increased by the sum of:
One Million Five Hundred Thousand 00 $ 1,500,000.00
$ 4,500,000.00
Continued from Front
Contract No. _________ Contract Change Order No. ___
Contract Time Extension: __________________________
Contractor accepts the terms and conditions stated above as full and final settlement of any and all claims arising out of or related to the subject of this Change Order and acknowledges that the compensation (time and cost) set forth herein comprises the total compensation due for the work or change defined in the Change Order, including all impact on any unchanged work. Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the City from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related to the subject of the Change Order, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages. The adjustments to the Contract Price and Contract Time in this Change Order constitute the entire compensation and/or adjustment thereto due to Contractor, including but not limited to all direct, indirect, consequential, profit, labor, equipment, tools, idle time, incidentals, and overhead (field and home office) costs, due to Contractor arising out of or related to the change in the work covered by this Change Order. The Contractor hereby releases and agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of, or as a result of, this Change Order and/or its impact on the remainder of the work under the Contract. This Change Order will become a supplement to the Contract and all provisions will apply hereto.
1. REQUESTED BY: ______________________ Department Director 2. ACCEPTED BY: ______________________ Contractor
3. CERTIFIED FUNDS
AVAILABLE
______________________ Finance Director 4. APPROVED BY: ______________________ City Manager NOTE: No payments will be made prior
to City Manager Council approval
QC: _____
C44620A 2
AMENDMENT NO. 2 TO CONTRACT NO. C44620B THE MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY PALM DESERT AND BELFOR USA GROUP
1. Parties and Date.
This Amendment No. 2 to Contract No. C44620B, the Maintenance Services Agreement is made and entered into as of this 11th day of April 2024, by and between the City of Palm Desert (“City”) and Belfor USA Group, Inc. City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Agreement. The City and Contractor have entered into an agreement entitled “Maintenance Services Agreement” dated January 12, 2023 (“Agreement”) for the purpose of retaining the services of Contractor to provide facility repairs and improvements.
2.2 Amendment. The City Council on April 27, 2023, approved to increase the annual aggregate amount of $3,000,000 for Fiscal Year 2023/2024 and Fiscal Year 2024/2025. The City Council on April 11, 2024, approved to increase the annual aggregate amount from $3,000,000 to $4,500,000 for the remaining contract term.
3. Terms.
3.1 Amendment. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
“Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” of the original agreement. The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total compensation, in the aggregate, shall not exceed $4,500,000, without the written approval of the City Council or City Manager, as applicable.”
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.
3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
AMENDMENT NO. 2 TO CONTRACT NO. C44620B
MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY PALM DESERT AND BELFOR USA GROUP
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 to Contract No. C44620B, a Maintenance Services Agreement, as of the 11th day of April, 2024.
CITY OF PALM DESERT
Approved By:
L. Todd Hileman
City Manager
Attested By:
Anthony J. Mejia
City Clerk
BELFOR USA GROUP
Signature
Name
Title
_______________
Attorney
Contingency:
Less: Expend. / Encumb. To Date:
Less: This Change Order Amount:
Contingency:
Less: Prior Change Order(s):
Less: This Change Order:
__________________________________________________________ dollars and ___/100 (___________) Contractor shall construct, furnish all supervision, labor, services, equipment, and materials, and perform all work necessary or required to fully complete the changes to the Contract described in this Change Order for the amount agreed upon between the Contractor and the City of Palm Desert (“City”).
Contract Purpose:
Contractor Name:
C44620C
2 MFA00009
On-Call Facilities Repairs and Improvements Project
Elite Customs Construction
Additional On-Call Facilities Repairs and Improvements $ 1,500,000.00 $ 0.00 $ 1,500,000.00
$ 1,500,000.00
City staff have increased the use of this contract to address deferred maintenance needs and to take on new projects. $ 750,000.00
$ 0.00
$ 750,000.00
$ 3,000,000.00
$ 1,500,000.00
-$ 3,750,000.00
$ 0.00
$ 2,250,000.00
$ 1,500,000.00
-$ 3,750,000.00
The amount of the contract will be increased by the sum of:
One Million Five Hundred Thousand 00 $ 1,500,000.00
$ 4,500,000.00
Continued from Front
Contract No. _________ Contract Change Order No. ___
Contract Time Extension: __________________________
Contractor accepts the terms and conditions stated above as full and final settlement of any and all claims arising out of or related to the subject of this Change Order and acknowledges that the compensation (time and cost) set forth herein comprises the total compensation due for the work or change defined in the Change Order, including all impact on any unchanged work. Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the City from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related to the subject of the Change Order, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages. The adjustments to the Contract Price and Contract Time in this Change Order constitute the entire compensation and/or adjustment thereto due to Contractor, including but not limited to all direct, indirect, consequential, profit, labor, equipment, tools, idle time, incidentals, and overhead (field and home office) costs, due to Contractor arising out of or related to the change in the work covered by this Change Order. The Contractor hereby releases and agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of, or as a result of, this Change Order and/or its impact on the remainder of the work under the Contract. This Change Order will become a supplement to the Contract and all provisions will apply hereto.
1. REQUESTED BY: ______________________ Department Director 2. ACCEPTED BY: ______________________ Contractor
3. CERTIFIED FUNDS
AVAILABLE
______________________ Finance Director 4. APPROVED BY: ______________________ City Manager NOTE: No payments will be made prior
to City Manager Council approval
QC: _____
C44620C 2
N/A
Contingency:
Less: Expend. / Encumb. To Date:
Less: This Change Order Amount:
Contingency:
Less: Prior Change Order(s):
Less: This Change Order:
__________________________________________________________ dollars and ___/100 (___________) Contractor shall construct, furnish all supervision, labor, services, equipment, and materials, and perform all work necessary or required to fully complete the changes to the Contract described in this Change Order for the amount agreed upon between the Contractor and the City of Palm Desert (“City”).
Contract Purpose:
Contractor Name:
C44620D
1 Multiple
MFA00009
On-Call Facilities Repairs and Improvements Project
R&R B dba Servpro of Chino/Chino Hills
Additional On-Call Facilities Repairs and Improvements $ 1,500,000.00 $ 0.00 $ 1,500,000.00
$ 1,500,000.00
City staff have increased the use of this contract to address deferred maintenance needs and to take on new projects. $ 3,000,000.00
$ 0.00
$ 3,000,000.00
$ 3,000,000.00
$ 1,500,000.00
-$ 1,500,000.00
$ 0.00
$ 0.00
$ 1,500,000.00
-$ 1,500,000.00
The amount of the contract will be increased by the sum of:
One Million Five Hundred Thousand 00 $ 1,500,000.00
$ 4,500,000.00
Continued from Front
Contract No. _________ Contract Change Order No. ___
Contract Time Extension: __________________________
Contractor accepts the terms and conditions stated above as full and final settlement of any and all claims arising out of or related to the subject of this Change Order and acknowledges that the compensation (time and cost) set forth herein comprises the total compensation due for the work or change defined in the Change Order, including all impact on any unchanged work. Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the City from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related to the subject of the Change Order, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages. The adjustments to the Contract Price and Contract Time in this Change Order constitute the entire compensation and/or adjustment thereto due to Contractor, including but not limited to all direct, indirect, consequential, profit, labor, equipment, tools, idle time, incidentals, and overhead (field and home office) costs, due to Contractor arising out of or related to the change in the work covered by this Change Order. The Contractor hereby releases and agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of, or as a result of, this Change Order and/or its impact on the remainder of the work under the Contract. This Change Order will become a supplement to the Contract and all provisions will apply hereto.
1. REQUESTED BY: ______________________ Department Director 2. ACCEPTED BY: ______________________ Contractor
3. CERTIFIED FUNDS
AVAILABLE
______________________ Finance Director 4. APPROVED BY: ______________________ City Manager NOTE: No payments will be made prior
to City Manager Council approval
QC: _____
C44620D 1
N/A
Contingency:
Less: Expend. / Encumb. To Date:
Less: This Change Order Amount:
Contingency:
Less: Prior Change Order(s):
Less: This Change Order:
__________________________________________________________ dollars and ___/100 (___________) Contractor shall construct, furnish all supervision, labor, services, equipment, and materials, and perform all work necessary or required to fully complete the changes to the Contract described in this Change Order for the amount agreed upon between the Contractor and the City of Palm Desert (“City”).
Contract Purpose:
Contractor Name:
C44620E
1 Multiple
MFA00009
On-Call Facilities Repairs and Improvements Project
Doug Wall Construction, Inc.
Additional On-Call Facilities Repairs and Improvements $ 1,500,000.00 $ 0.00 $ 1,500,000.00
$ 1,500,000.00
City staff have increased the use of this contract to address deferred maintenance needs and to take on new projects. $ 3,000,000.00
$ 0.00
$ 3,000,000.00
$ 3,000,000.00
$ 1,500,000.00
-$ 1,500,000.00
$ 0.00
$ 0.00
$ 1,500,000.00
-$ 1,500,000.00
The amount of the contract will be increased by the sum of:
One Million Five Hundred Thousand 00 $ 1,500,000.00
$ 4,500,000.00
Continued from Front
Contract No. _________ Contract Change Order No. ___
Contract Time Extension: __________________________
Contractor accepts the terms and conditions stated above as full and final settlement of any and all claims arising out of or related to the subject of this Change Order and acknowledges that the compensation (time and cost) set forth herein comprises the total compensation due for the work or change defined in the Change Order, including all impact on any unchanged work. Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the City from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related to the subject of the Change Order, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages. The adjustments to the Contract Price and Contract Time in this Change Order constitute the entire compensation and/or adjustment thereto due to Contractor, including but not limited to all direct, indirect, consequential, profit, labor, equipment, tools, idle time, incidentals, and overhead (field and home office) costs, due to Contractor arising out of or related to the change in the work covered by this Change Order. The Contractor hereby releases and agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of, or as a result of, this Change Order and/or its impact on the remainder of the work under the Contract. This Change Order will become a supplement to the Contract and all provisions will apply hereto.
1. REQUESTED BY: ______________________ Department Director 2. ACCEPTED BY: ______________________ Contractor
3. CERTIFIED FUNDS
AVAILABLE
______________________ Finance Director 4. APPROVED BY: ______________________ City Manager NOTE: No payments will be made prior
to City Manager Council approval
QC: _____
C44620E 1
N/A
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: April 11, 2024
PREPARED BY: Shawn Muir, Community Services Manager
REQUEST: APPROVE AMENDMENT NO. 7 TO CONTRACT NO. C36620 WITH
YMCA FOR MANAGEMENT OF THE PALM DESERT AQUATIC CENTER
RECOMMENDATION:
1. Approve Amendment No. 7 to update the scope of work for Contract No. C36620 with the Family Young Men’s Christian Association of the Desert (“YMCA”), of Palm Desert, California.
2. Authorize the City Attorney to make any necessary nonmonetary changes to the amendment.
3. Authorize the City Manager to execute Contract No. C36627, Amendment No. 7 to Contract No. C36620.
BACKGROUND/ANALYSIS:
The YMCA has been the operator of the Palm Desert Aquatic Center since its opening in 2011.
Most recently, Contract No. C36620 was executed to continue the YMCA management of the facility. This contract has been extended multiple times, and on December 14, 2023, the City Council adopted Amendment No. 6 to extend the agreement through June 30, 2025.
Amendment No. 6 included an updated scope of work that shifted the responsibility for procurement for the facility back to the City. Upon implementation, it was determined that the procurement of low-cost, day-to-day items could be administered by YMCA.
Staff has negotiated changes to the scope of work with the YMCA to include a $500 spending limit for YMCA staff. Orders of over $500 up to $2,000 may be made by the YMCA upon approval by the City and in accordance with our Purchasing Policy. The City will continue procurement of orders totaling over $2,000. In addition, the City will contract with a janitorial service to provide a Day Porter and daily janitorial for the facility to bring service within an acceptable standard.
City and YMCA Staff agree with the updated scope of work included in the proposed Amendment No. 7. Staff recommends approval of Amendment No. 7 to update the scope of work for purchasing and janitorial responsibilities.
Legal Review:
This report has been reviewed by the City Attorney’s office.
City of Palm Desert
Approve Amendment No. 7 PDAC Management Contract
FINANCIAL IMPACT:
The approved Aquatic Facility Operations Budget for Fiscal Year 2023-24 includes a total of $1,962,500 for the management and operations of PDAC under the following accounts:
The costs associated with the updated scope of work do not increase the YMCA’s current contract amount; however, the transfer of janitorial services to the City will increase the Aquatic Center’s annual operations budget by $84,000 ($7,000 monthly). Costs for janitorial services during the remainder of the current fiscal year (April-June) will be paid from available funds in Account No. 2424549-4331101, Contracted Pool Service. Therefore, there is no additional financial impact to the General Fund with approval of this amendment.
Staff will include funding for future janitorial services in the annual budget request.
ATTACHMENTS:
1. Exhibit A - Scope of Work (red-line)
2. C36620 Amendment No. 7
3. C36620 - Executed Agreement
FY 2023-24 Account No. Budget Total
Supplies 2424549-4219000 $ 20,000
Other Expenses 2424549-4309000 $ 100,000
Management Fee 2424549-4309300 $ 165,000
Food / Merchandise 2424549-4801100 $ 40,000
Contracted Labor 2424549-4802101 $1,637,500
$1,962,500
Contract No. C36627
Amendment No. 7
Exhibit A
SCOPE OF SERVICES
General Scope:
The Consultant will provide management and operations services for City of Palm Desert in accordance with the Contract Documents at the Palm Desert Aquatic Center (PDAC), located at 73751 Magnesia Falls Drive, Palm Desert, CA 92260.
The City requests the Consultant to demonstrate their ability to provide and perform services for the Aquatic Center including, but not limited to, management, operations, programming, concessions, and janitorial services relating to the Aquatic Center as described in this Scope of Services. The Aquatic Center consists of the following amenities:
50- Meter Pool with Diving Area
Recreation / Therapy Pool (with slides)
Children’s Pool with Water Play Structure
Concessions Area (675 Sq. Ft.)
Men’s and Women’s Locker Rooms
Family Restrooms and Changing Areas
Lifeguard Room / First Aid Room
Administration Offices
Multi-Purpose Room (842 Sq. Ft.)
Storage Room
Mechanical Room
Chemical Storage Areas
The City contracts the major pool mechanical maintenance of the Aquatic Center to a third-party contractor and will work closely with the Consultant to ensure prompt service to the facility. All utilities will be directly billed and paid for by the City.
All services provided by the Consultant must be performed to the industry standards and compliant with all applicable local, county, state, and federal laws.
Contract No. C36627
Amendment No. 7
Exhibit A
1. Roles and Responsibilities
City of Palm Desert Family YMCA of the Desert
Day-to-Day Operation Janitorial
N/A
Admissions and program
operation
POS system
Janitorial
Program Development
Facility Weekly walk-through
inspections
Execute maintenance
projects
Execute capital
improvement projects
Daily upkeep of pools,
slides, and other
equipment
Minor pool equipment
repairs and painting
Submit immediate
reports on maintenance
or CIP needs
Make recommendations
on maintenance or CIP
needs based on aquatic
industry standards
Human Resources Management committee
Annual Wage Scale
Review
Aquatic Manager,
Operations Manager,
Lead Lifeguards and
Lifeguards
Recruitment
Competitive wages and
benefits
General staff training for
facility operation
Lifeguard certification
First aid/CPR/AED
Marketing and
Programs
City-operated marketing
program
New programs and
expanded hours to be
proposed by
management committee
Participate in monthly
marketing meetings
Staff and operate
programs in coordination
with City staff
Collaborate with City on
Concessions
Accountability Analysis of KPIs
MBi-monthly meetings
with management
committee
Develop and organize
financial projection and
analysis team
Collect data on
prescribed KPIs
MBi-monthly meetings
with management
committee
Contract No. C36627
Amendment No. 7
Exhibit A
Review monthly/quarterly
trends regarding budget,
visitors, KPI data
Assist with report
development and
presentation
Participation in financial
projection and analysis
team
Concessions Develop updated
schedule and menu
Determine need for
additional equipment
Operate concessions per
City guidance
Conduct inventory of
concessions supplies
2. Services to be Performed.
The Consultant will provide services, plans and procedures as described below for the day-to-day management and operations of the facility:
Perform maintenance, cleaning, and minor repairs of all pools, equipment, and facilities. Perform daily safety and compliance checks of all pools, decks, pool amenities, and facilities. Notify City staff of all urgent issues immediately and routine concerns within one business day.
Complete daily inspection report form for water slides and applicable attractions when in use, and maintain on file.
Ensure the pool and support facilities meet cleanliness and hygiene standards. Ensure all pools meet applicable Riverside County Health Department standard compliance (chemicals, flow, filtration, etc.).
Manually check and record water chemistry in each pool every 2 hours (minimum) and adjust chemicals as needed.
Maintain industry standards for water clarity and cleanliness on all pools. Inspect and maintain records of all pools and equipment. Monitor inventory levels of chemicals and other pool maintenance supplies for the purpose of ensuring the availability of supplies as needed. Monitor and inventory concessions supplies.
Prepare and process purchase orders for the purpose of securing needed supplies according to City of Palm Desert purchasing policies and requirements. Provide regular KPI data and reports as required for assigned equipment and programs. Maintain equipment and chemical rooms to be free of non-essential equipment, used parts, clutter and chemical spills.
Follow all required safety precautions when using hazardous materials, assigned tools, and machinery.
Set up and/or move equipment (e.g., starting blocks, bleachers, diving boards etc.) for the purpose of ensuring availability for patrons and programs.
Contract No. C36627
Amendment No. 7
Exhibit A
Maintain cleanliness of all facilities within the aquatic center: pools, drains, deck, locker rooms, etc.
Perform facility painting and retouching as necessary to maintain a high-quality facility facade.
Promote, and exemplify City of Palm Desert Mission, Vision and Core Values. Exercise excellent customer service. Follow up on complaints, questions, and concerns; respond to internal and external customer needs in a friendly, timely and efficient manner.
Administer regular customer feedback and satisfaction surveys. Comply with local jurisdictional requirements and industry standards as applicable including but not limited to: California Pool Code, Model Aquatic Health Code, OSHA Hazardous Communications Standard and OSHA Bloodborne Pathogens Standard.
3. Business Plan
Consultant shall provide a Business Plan to include the following:
Hours of operation (subject to change if approved in writing by the City) o May through September
Monday – Friday 5:30 am – 7:00 pm
Saturdays 7:00 am - 7:00 pm
Sundays 8:00 am – 7:00 pm
o October through April
Monday – Friday 5:30 am – 7:00 pm
Saturdays 7:00 am - 5:00 pm
Sundays 8:00 am – 5:00 pm
Personnel requirements
Guidelines for policy development for programs and facility
4. Preventative Maintenance Plan
The Consultant shall adhere to the established comprehensive Preventative Maintenance Plan provided by the City that includes, but is not limited to the following:
A. Facility Inspection Program
1. Details of facility inspections
2. Frequency of facility inspections
B. Routine Maintenance to be performed.
C. Expected Capital Improvement Items
The City will provide the following to be included in the Preventative Maintenance Plan:
A. Available PDAC As Built Plans
Contract No. C36627
Amendment No. 7
Exhibit A
B. Mechanical Equipment Inventory
1. Name and Model #
2. Manufacturer and contact info.
3. Local Vendor (as applicable)
4. Replacement and service details
C. Equipment Manuals
1. In the event an equipment manual is not available, the City shall attempt to provide a satisfactory replacement from the equipment manufacturer.
2. If no manual is available, the Consultant shall provide a written document outlining the standard operating procedures for maintaining and operating the applicable piece of equipment.
5. Safety Plan
The Consultant shall provide and maintain a facility Safety Plan that includes, but is not limited to the following:
A. Facility Staffing Plan
1. Code Compliance Staffing Plan
2. Zones of Patron Surveillance
3. Rotation Procedures
4. Alternation of Tasks
5. Supervision Protocols
B. Emergency Action Plans
1. Emergency procedures for anticipated emergencies at the aquatic center
2. Methods of communication
3. Required emergency equipment.
4. Emergency closure requirements
C. Biohazard Action Plan
1. Fecal vomit and blood contamination of the pool and facility surfaces D. Pre-Service Training Plan
1. Facility policies and procedures to be included in training.
2. Demonstration of required Safety Team skills specific to PDAC
3. Documentation of training
E. In-Service Training Plan
1. In-service training frequency. A minimum of 4 hours of in-service training monthly is required of all staff that regularly, or MAY perform lifeguard duties. a. Makeup in-services may be held for approved absences and must comply with the original in-service plan missed.
b. Lifeguards who do not meet the monthly in-service training requirement must undergo Pre-Service Training prior to returning to Lifeguard duties.
2. In-service documentation
3. Certification maintenance
Contract No. C36627
Amendment No. 7
Exhibit A
4. Demonstration of Lifeguard Skill Proficiencies
5. Competency Demonstration Plan
a. Ability to reach the furthest edge of Zones of Surveillance within 20 seconds. b. Ability to perform required emergency response skills. c. Ability to perform Resuscitation and First Aid skills.
6. Recruitment and Hiring Plan
A. Recruitment and Hiring
1. Consultant will submit a written process for recruitment and hiring.
B. Organizational Chart and Staffing Levels
Consultant will provide and maintain an organizational chart depicting the management approach and general staff responsibilities. Staffing levels will be maintained at a minimum required based on the submitted and approved staffing plan (Safety Plan – Section 1) and Zone Evaluation documentation.
Staffing and salary ranges are to be provided annually to the City of Palm Desert Director of Public Works for approval.
Alternative organization and staffing plans that meet safety and operating requirements may be submitted by the Consultant. All alternate staffing plans must be approved by the City of Palm Desert before they are instituted.
C. All personnel will be easily identifiable by approved uniforms at all times while on duty.
D. Janitorial services for the facility will be completed by the Consultant and is typically performed by Lifeguards and other staff on duty.
1. Regular locker room checks are expected to be performed throughout the day.
2. Locker room check sheets may be utilized at the discretion of the Consultant.
E. Position Descriptions
1. Descriptions for key positions listed above will be developed and maintained by the Consultant.
7. Staff Training
A. PDAC staff will maintain the following minimum training credentials:
1. Aquatic Director / Manager
a. Certified Pool Operator (CPO) or Aquatic Facility Operator (AFO) or approved equal.
2. Aquatic Director / Manager, Aquatics Coordinator, Facility Operations Manager, or other staff
a. Lifeguard Instructor Certification (LGI)
3. Facility Operations Manager
a. Certified Pool Operator (CPO) or Aquatic Facility Operator (AFO) or approved equal.
Contract No. C36627
Amendment No. 7
Exhibit A
4. Aquatics Front Desk & Concessions Manager
a. Food Manager Certification (must be from a school recognized by the Riverside County Department of Environmental
Health: https://rivcoeh.org/sites/g/files/aldnop361/files/migrated/Portals-0-PDFFoods-31-09-DES-Food-Manager-Certification.pdf
5. Lifeguards
a. Lifeguarding with Bloodborne Pathogens Training, Administering Emergency Oxygen, Asthma Inhaler Training, Epinephrine Auto Injector, First Aid for Public Safety Personnel (Title 22) (American Red Cross or approved equal)
8. Operations Procedures
The Consultant will develop and maintain standard procedures that must be performed for the proper maintenance and operations of the facility. These include but are not limited to:
Pool Chemical Parameters
Chemical Room Emergency Procedures
Hazard Identification and Communication
Safety and First Aid Equipment
Facility and Pool Cleanliness
Health Regulations
Discipline
Child Abuse Prevention
Lost and Found
Media Communication
Pool Water Contamination and Response
Biohazard Disposal
Report Writing
1.The designated shift supervisor oversees the facility and staff.
2. The minimum age for a lifeguard to lifeguard a body of water alone is 16 years of age.
3. Facility may not open to the general public without a minimum of 3 lifeguard certified staff members present.
4. At the start of their shift, all certified staff members must be ready to perform assigned duties.
5. All schedules are posted in their respected offices and emailed to the staff in a timely manner.
6.Deck Lifeguards:
1. During high use times lifeguards will rotate regularly.
2. Lifeguards leaving the deck must perform regular locker room checks.
3. Elevated lifeguard stations shall be utilized as the standard for most lifeguard zones.
Contract No. C36627
Amendment No. 7
Exhibit A
a. Ground level stations may be utilized where appropriate. b. Roving stations may not be utilized as a primary surveillance position. Roving stations may be utilized as secondary lifeguards to a zone when necessary.
4. Rescue hip packs must be worn by all trained lifeguards at all times. Packs will be adequately supplied with a resuscitation mask appropriate for adults and a mask appropriate for children, or a universal mask and non-latex exam gloves.
7. Backup Duty Lifeguard:
1. When not needed on deck or to assist customers, Backup Duty Lifeguards shall:
a. check locker rooms for behavior issues or horseplay, b. assist in rendering first aid to injured persons,
c. assist deck lifeguard as needed,
d. or perform cleanup and maintenance activities.
8. If a full complement of staff is not needed, the supervisor on duty may release excess lifeguards from work.
9. No lifeguard will be scheduled to work more than 8 hours in one day.
10. Lifeguards will be trained to complete injury report forms for all injuries to be submitted to the Aquatic Manager.
11. The Aquatic Manager shall notify the City of all required incidents.
12. The Lead Lifeguard is required to check and record pool chemistry every 2 hours.
13. Water chemistry shall be checked in the morning in enough time to adjust chemicals prior to opening to the public.
14. Water chemistry shall be checked at closing and necessary chemical adjustments made prior to staff leaving.
15. All staff will receive communications training, including verbal and non-verbal hand signals, whistle blasts, radio contact, and written communication. Signs and brochures at the front desk communicate safety rules. Management will share information at regular meetings and Supervisors will convey information through in-service trainings or other methods as needed.
16. The concession stand adheres to all Riverside County health codes and regulations. All staff handling unpackaged food must maintain current Riverside County Food Handler cards and be overseen by a Food Safety Manager. A minimum of one Food Safety Manager shall be on staff during the concession operation.
17. Locker rooms are monitored periodically by lifeguards. No food or drink is allowed in the locker rooms. Towel snapping, running or rough play is not allowed. Children 5 years of age and older are required to use the locker room of their own sex. Family changing rooms are also available.
Contract No. C36627
Amendment No. 7
Exhibit A
18. Any commercial advertisements, press releases, articles, or other media information using the City’s name and/or logos shall be subject to the prior approval of the City.
19. All advertisements at the Aquatic Center are subject to approval by the City.
9. Financials
The Consultant shall develop and maintain financial procedures that align with the City’s financial policies and procedures, including but not limited to:
Cash controls
Budget development
Payroll
Collections
Revenue reporting
Purchasing
Accounts payable
The Consultant shall keep complete and accurate books of revenues collected and will make all records available to the City upon request. Books and records for the PDAC shall be maintained separately from other facilities operated by the Consultant. The Consultant shall maintain accounting books and records for a period of at least three years after the expiration or earlier termination of the Agreement, and the City shall have the right to inspect and audit such books and records during such period.
Financial and daily records shall meet the following criteria:
Record of all sales by means of a cash register, which will display the amount of each sale and automatically issue a customer’s receipt. Beginning and ending cash register readings shall be made a matter of daily record.
Entry of each and every Aquatic Center user’s name on entry log.* A total count of Aquatic Center users at the end of each day and reconciliation of fee category totals on cash register detail reports.
Ability to differentiate resident vs. non-resident visits. Maintenance of a daily logbook detailing the number of Aquatic Center users by fee category and total amount of cash collected by fee category. Ability to record and report the number and type of discounts provided.
Contract No. C36627
Amendment No. 7
Exhibit A
Monthly and annual statements of gross revenues, including a budget comparison, a variance report, and such other customary reports as may reasonably be requested by the City.
*Except non-resident drop-in for recreation and lap swim. Groups or families must provide only the primary/head of household or group lead’s contact information.
9.1 Cash Receipts
The Consultant shall collect daily fees and record them in the point-of-sale system. The city shall provide deposit bags for daily cash receipts, which will be submitted to the city daily with a daily register report or similar report that ties back to the cash receipts. Reports for weekends and observed holidays shall be submitted on the following business day. Reports shall include receivables for insurance-sponsored Senior/dependent benefit programs (i.e. Peerfit, SilverSneakers, Medicare, etc.) and monthly lane rentals.
The Consultant shall submit a monthly revenue report to the city for deposit verification and revenue reconciliation, which the city will reconcile during its normal bank reconciliation processes.
The city may implement armored courier services or night deposit procedures depending on the volume and frequency of cash collected at the PDAC.
9.2 Banking
The city shall maintain the PDAC cash balances in the main bank account of the city, utilizing the pooled cash method of fund accounting. Upon contract execution, the Consultant shall begin the process of sending accumulated funds back to the city. This process shall include the reconciliation of all deposits in transit and outstanding checks.
The City shall provide a loan of $200,000 to the Consultant, to be held in the Consultant’s own bank account, for the purpose of emergency payroll coverage.
The Consultant may request the establishment of a petty cash fund from the City if needed.
9.3 Reimbursements
The management fee and reimbursements for purchase of Consultant supplies purchases of $2,000.00 or less will be made via check, ACH or wire transfer from the city to the Consultant in accordance with the contract terms.
For payroll reimbursements, Consultant will provide the city with a report of payroll cash requirements and any requested backup upon completion of each payroll process. The City shall reimburse the Consultant via timely wire transfer on a schedule that aligns with the Consultant’s payroll cash sweep deadlines.
9.4 Procurement and Invoice Processing
All procurement and invoice processing shall be in accordance with applicable city procurement policies, and procedures, and within the approved budget. Expenditures of $500.00 or less may be made directly by the Consultant to maintain adequate supplies for facility operation.
Expenditures of over $500.00 up to $2,000.00 may be made directly by the Consultant upon city
Contract No. C36627
Amendment No. 7
Exhibit A
approval. iInvoices of over $2,000.00 shall be paid directly by the city via city workflow routing.
The city shall provide the Consultant with the appropriate instructions on how to submit invoices and other procurement documents for processing.
Upon execution, Consultant shall provide the city with any existing contracts for review by the city’s procurement department.
10. Policies
The Consultant will develop and maintain policies and procedures, including but not limited to:
Pool Use and Safety Rules
Lifeguard Policy and Procedure Manual
Equipment Rental Procedures
Facility Rental, Group Use Requirements, and Fee Structure Swim Testing
Signage Standards
11. Program Development
The Consultant shall develop a program plan to be reviewed and approved by the City. The Program Plan shall include at a minimum.
Swim lessons
Lap swimming
Arthritis and/or Multiple Sclerosis classes
Red Cross certification courses
Yoga, spin, or other group fitness classes
Water games
The Consultant shall strive to make classes responsive to and/or inclusive to persons with disabilities. A program registration process will be in place.
The Program Plan shall include program attendance goals and shall be reviewed by the Consultant and the City of Palm Desert annually at a minimum.
The PDAC Program Plan may be updated or amended to meet City of Palm Desert goals throughout the contract term. Any changes shall be agreed upon by the City of Palm Desert and the Consultant.
Contract No. C36627
Amendment No. 7
Exhibit A
12. Key Performance Indicators
The Consultant shall gather data on a daily basis to report on required Key Performance Indicators (KPIs). For general business practices, the following items or KPIs should be tracked by the Palm Desert Aquatic Center management company. Additional items may be added in the future to influence business and operational decisions. Some items may be removed in the future if they are no longer meaningful for business updates.
Monthly reporting should be available to present to and discuss with the Palm Desert Aquatic Center Business Committee. The report information requested may change depending on updated strategies.
Depending on the metric, they may be included in Monthly, Quarterly or Annual reports.
Financial Programs Operations
Attendance/Passes Sold
Member Retention
Pass Renewals
Concessions Revenue
Rental Revenue
Swim Lesson Revenue
Concessions Per Cap
Program Attendance
Sessions
Held/Canceled
Rentals Held
Special Programs
Checklist Compliance
Closures
Incidents
Facility Audit Results
Pool Chemical Readings
Customer Satisfaction
Staff Turnover
Contract No. C36627
Amendment No. 7
Exhibit A
13. Reporting Standards
The Consultant shall regularly report on all required KPIs and topics according to required timelines. Monthly reports will be delivered to the City of Palm Desert staff liaison of the PDAC Business Committee. Quarterly reports will be presented at regular Parks and Recreation meetings. Annual reports will be presented to the City Council. Reporting requirements include but are not limited to the items below:
Subject Justification Target Information Reporting
Frequency
Attendance/Passes
Sold
Tracking attendance
and passes sold is
crucial for PDAC to
understand customer
engagement and
revenue generation. It
is also necessary to
understand the impact
of the aquatic center
services within the
community and the
impact of the use of
City resources.
Total attendance for
the month including
passes and
memberships sold.
Include comparisons to
prior years in the same
month. In addition, any
special programs, or
events with their
attendance should be
listed in addition to the
total.
Monthly
Quarterly
Annually
Member Retention Member retention is
essential for the
stability and growth of
a business. It directly
affects the recurring
revenue and the
establishment of a
loyal customer base.
Understanding and
analyzing retention
rates assist in
developing strategies
to retain existing
customers, ultimately
reducing the cost of
acquiring new ones.
Membership retention
is the percentage of
members that
continued their
membership or
renewed their
membership during the
reporting period.
• Monthly
• Quarterly
• Annually
Contract No. C36627
Amendment No. 7
Exhibit A
Subject Justification Target Information Reporting
Frequency
Concessions
Revenue/Per Cap
Concessions revenue
may serve as a
significant stream of
income for PDAC.
Monitoring this metric
helps in understanding
customer spending
patterns, optimizing
offerings, and
increasing profitability
by adjusting product
mixes and pricing
strategies.
Calculating
concessions per capita
is essential as it
reflects the average
spending of customers
per visit. This metric
assists in evaluating
the effectiveness of
sales strategies and
pricing, helping PDAC
optimize revenue
generation.
Concessions revenue
should be reported as
a total revenue line
item (Gross), and net
revenue which is the
gross revenue minus
expenses.
Additionally, specific
concessions items may
be reported to
maximize offerings.
Monthly during
summer months and
in the Annual Report.
Rental Revenue Rental revenue is a
critical source of
income for many
PDAC. Keeping track
of rental revenue
allows for effective
management of
available resources,
enabling adjustments
in pricing strategies
and identifying
opportunities to
expand services.
Rental revenue should
be reported to show
the number of rentals
offered and the amount
of revenue collected for
that reporting period.
This can also be
analyzed vs. the
previous year’s
reporting period to
show increases or
decreases in revenue.
• Monthly
• Quarterly
• Annually
Contract No. C36627
Amendment No. 7
Exhibit A
Subject Justification Target Information Reporting
Frequency
Swim Lesson
Revenue
Monitoring swim
lesson revenue is
crucial for PDAC. It
helps in gauging the
popularity of the
program, assesses
profitability, and
determines the
effectiveness of
marketing and
teaching strategies.
Each report should
indicate the number of
swim lessons taught,
the revenue from the
swim lessons and
increases or decreases
from previous reporting
periods.
• Session
• Monthly
• Quarterly
• Annually
Program Attendance
Sessions
Held/Canceled
Tracking the number
of sessions held
versus canceled is
crucial for maintaining
operational efficiency.
It helps in identifying
trends, managing
resources effectively,
and improving
scheduling to minimize
disruptions.
Monitoring program
attendance helps in
evaluating the success
and popularity of
various programs
offered. This data
guides PDAC in
making informed
decisions about
program
improvements,
resource allocation,
and future offerings.
Each program should
track attendance, spots
filled vs vacant and
whether the class or
session met minimum
sign ups or not. This
may help PDAC in
ensuring profitable
programs continue and
unprofitable programs
can be abandoned or
re-marketed to
increase participation.
• Quarterly
• Annually
Contract No. C36627
Amendment No. 7
Exhibit A
Subject Justification Target Information Reporting
Frequency
Special Events /
Programs
Monitoring the success
and attendance of
special programs is
important for PDAC to
understand their
impact on revenue and
customer engagement.
This data informs
future planning and
helps in tailoring
offerings to meet
customer demands.
Each special event
should track
attendance and
profitability to ensure
the special event met
profitability and
attendance goals. This
data can be utilized to
understand whether to
continue offering the
event or not.
• Post-event
• Annually
Checklist
Compliance
Ensuring checklist
compliance is vital for
maintaining
operational standards,
safety, and quality.
Tracking compliance
helps in mitigating
risks, ensuring
consistency, and
maintaining a positive
reputation.
Checklist Compliance
should be reported as
a percentage of total
compliance expected,
vs what was
completed. This will
help to ensure risk
management
operations are being
conducted.
• Monthly
• Quarterly
• Annually
Closures Documenting closures
is crucial for PDAC to
understand their
impact on revenue and
customer experience.
Analyzing closure data
helps in identifying
patterns, mitigating
issues, and developing
strategies to minimize
disruptions.
Closures data should
include the reason for
the closure and the
amount of revenue that
may have been lost
due to the closure.
Additionally, any extra
expenses incurred due
to the closure should
be tracked.
• Monthly
• Quarterly
• Annually
Contract No. C36627
Amendment No. 7
Exhibit A
Subject Justification Target Information Reporting
Frequency
Incidents Tracking incidents is
crucial for ensuring
customer safety and
satisfaction. It helps in
identifying potential
risks, improving safety
protocols, and
maintaining a secure
environment for
customers and staff.
Incidents should be
reported immediately to
appropriate offices and
then tracked to indicate
location and reason for
the incident. This data
can then be used to
mitigate future risks.
• Monthly
• Quarterly
• Annually
Facility Audit
Results
Monitoring facility audit
results is essential for
ensuring operational
standards and
compliance. This data
helps in identifying
areas for
improvement,
maintaining quality
standards, and
meeting regulatory
requirements.
Internal and external
audits should be report
as they occur and
given directly to the
City of Palm Desert.
Per audit
Pool Chemical
Readings
Monitoring pool
chemical readings is
critical for maintaining
a safe and hygienic
environment. This data
ensures compliance
with health and safety
standards, protecting
the well-being of
customers and staff.
Abnormalities may be
reported to the City of
Palm Desert as they
occur, however pool
readings should be
recorded and available
to be reported on as
needed.
Per occurrence
Contract No. C36627
Amendment No. 7
Exhibit A
Subject Justification Target Information Reporting
Frequency
Customer
Satisfaction
Assessing customer
satisfaction is
fundamental for PDAC
to understand the
quality of services
offered. This data
helps in identifying
areas for
improvement, retaining
customers, and
attracting new ones
through positive wordof-mouth.
Customer satisfaction
measurements should
be taken after every
program and program
session and
periodically throughout
the year. Customer
satisfaction can then
be reported Quarterly
or Annually as needed.
• Quarterly
• Annually
Staff Hiring /
Retention
Tracking staff turnover
is important for PDAC
to assess employee
satisfaction, identify
retention issues, and
implement strategies
to improve workplace
culture and reduce
hiring and training
costs.
Tracking staff
recruitment is crucial
for PDAC to ensure
appropriate staffing
levels. Monitoring
recruitment efforts
helps in identifying
trends, optimizing the
hiring process, and
ensuring a skilled and
reliable workforce.
The number of staff
retained, and the
number of staff hired vs
the number needed for
operations. This can
help identify staffing
needs and increases in
marketing toward
staffing goals.
• Quarterly
• Annually
Contract No. C36627
Amendment No. 7
Exhibit A
Subject Justification Target Information Reporting
Frequency
Completed
Maintenance
Monitoring completed
maintenance tasks is
crucial for ensuring the
proper functioning of
equipment and
facilities. It helps in
preventing disruptions,
ensuring customer
satisfaction, and
maintaining a positive
reputation.
Regular maintenance
summaries should be
included in monthly
reports and major
maintenance projects
reported in annual
reports to show that
preventive
maintenance and
regular maintenance is
occurring.
• Monthly
• Annually
In-Service Training Ensuring in-service
training compliance is
vital for staff
development and
maintaining
operational standards.
It assists in enhancing
employee skills,
ensuring consistency
in service quality, and
adhering to regulatory
requirements.
In-service training
should be reported
annually to show a
complete in-service
training program and
that all staff members
are receiving the
required number of
training hours annually.
• Annually
Goal Updates Goals move the
business at PDAC
forward and the
reporting of goals
achieved or worked on
show the progress
management is
making toward the
future.
Goals should be
reported Quarterly and
Annually to ensure
continuous
improvement in
operations and
business.
• Quarterly
• Annually
The Consultant shall meet with City staff monthly to review operations, KPIs and other topics. Goals and strategy meetings shall be held on a quarterly basis.
Contract No. C36620
AMENDMENT NO. 7 TO CONTRACT NO. C36620 - PROFESSIONAL SERVICES FOR
MANAGEMENT AND STAFFING OF THE PALM DESERT AQUATIC CENTER
BETWEEN THE CITY OF PALM DESERT AND FAMILY YMCA OF THE DESERT
1. Parties and Date.
This Amendment No. 7 to Contract No. C36620 - Professional Services for Management and Staffing of The Palm Desert Aquatic Center is made and entered into as of this 11 th day of April 2024,
by and between the City of Palm Desert (“City”) and Family YMCA of The Desert, a Nonprofit Organization with its principal place of business at 43930 San Pablo Avenue, Palm Desert, CA 92260 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties”.
2. Recitals.
2.1 Agreement. The City and Consultant have entered into an agreement entitled Contract No. C36620 - Professional Services for Management and Staffing of the Palm Desert Aquatic Center dated May 10, 2018 (“Contract”) for the purpose of retaining the services of Consultant to provide Management and Staffing of the Palm Desert Aquatic Center.
2.2 Amendment. The City and Consultant desire to amend the Agreement to update the scope of work.
2.3 Amendment Authority. This Amendment No. 7 is authorized by Section 26 of the Agreement.
3. Terms.
3.1 SECTION (1) TERM (1.1) of the Agreement is hereby amended in its entirety to read as follows:
“Exhibit A is hereby deleted in its entirety and replaced with the attached Exhibit A attached hereto and incorporated herein by reference.”
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 7, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 7. From and after the date of this Amendment No. 7, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 7.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 7.
3.4 Severability. If any portion of this Amendment No. 7 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5 Counterparts. This Amendment No. 7 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
Contract No. C36620
[SIGNATURES ON FOLLOWING PAGE]
Contract No. C36620
SIGNATURE PAGE FOR AMENDMENT NO. 7 TO CONTRACT NO. C36620 – PROFESSIONAL
SERVICES FOR MANAGEMENT AND STAFFING OF THE PALM DESERT AQUATIC CENTER
BETWEEN THE CITY OF PALM DESERT AND FAMILY YMCA OF THE DESERT IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 7 to the CONTRACT NO. C36620 – PROFESSIONAL SERVICES FOR MANAGEMENT AND STAFFING OF THE PALM DESERT AQUATIC CENTER as of the day and year first above written.
CITY OF PALM DESERT
Approved By:
_______________________
L. Todd Hileman
City Manager
Attested By:
_______________________
Anthony J. Mejia
City Clerk
Approved As To Form:
By:
_______________________
Isra Shah
Best Best & Krieger LLP
City Attorney
FAMILY YMCA OF THE DESERT
_______________________
Signature
_______________________
Name
_______________________
Title
_______________________
Signature
_______________________
Name
_______________________
Title
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: April 11, 2024
PREPARED BY: Cristal Ortega, Management Analyst II
REQUEST: INTRODUCE AN ORDINANCE RELATIVE TO THE PURCHASING
SYSTEM AND PUBLIC WORKS CONTRACTS AND MAKING FINDINGS
UNDER CEQA
RECOMMENDATION:
Introduce an Ordinance entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPLACING CHAPTER 3.30 IN ITS ENTIRETY AND RESCINDING ORDINANCES NO. 224, 423, 586, 927, 928, 986, 1162, 1166, 1204, 1229, 1276, 1317, 1335 AND 1392 RELATIVE TO THE PURCHASING SYSTEM AND PUBLIC WORKS CONTRACTS AND MAKING FINDINGS UNDER CEQA.”
BACKGROUND/ANALYSIS:
The Municipal Code (referred to as the “Code”) Chapter 3.30 underwent a comprehensive update in March 2023. In alignment with the City’s objectives to enhance efficiency and accountability, staff members identified further opportunities to streamline purchasing processes.
This revision aims to simplify and streamline procurement for departments. Specifically, the proposed changes include:
1. Minimum Procurement Level: The City Manager will now have authority to designate Department Heads to approve awards up to $10,000 for public projects, contractual services, materials, supplies, equipment, as well as professional services. The current threshold is $2,000. This will allow departments to address small, routine, or urgent items more quickly and efficiently.
2. Exception for Recurring Charges: Section 3.30.160, which specifies exceptions to procurement methods, is clarified to make it easier for departments to procure routine, recurring goods and services (Examples include: pest control services, HVAC maintenance services, paint, and janitorial supplies).
3. More Flexibility for Vendor Quotes: Proposed changes will make it easier for departments to obtain informal quotes for procurements of $75,000 or less—especially for services in which there are few vendors servicing the local area (Examples include:
installation of pool pump equipment, emergency generator services, and custom signage.
4. Technology Exception: Adds a new exception that allows for continued licensing of key software and hardware systems (For example, when the City selects a particular software platform (Microsoft Office 365), we are limited to their licensing in future years, in order to continue that service).
City of Palm Desert
Purchasing Ordinance Update
5. Non-Discrimination Policy: Adds new policy that seeks to ensure vendors who provide goods and services to the City follow non-discriminatory practices in employment and subcontracting.
In summary, revising the purchasing policy achieves several key goals:
Consistency: Ensuring uniformity in purchasing practices. Simplicity: Streamlining routine and small purchases. Flexibility: Allowing for adaptability in day-to-day operations.
By implementing these changes, efficiencies will be recognized through improved management of procurement activities in each area of the procurement process, while adhering to best practices for municipal governance.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
There is no financial impact from the proposed Ordinance, however, staff believes there will be time-saving efficiencies created by streamlining the process for all purchasing and procurement on behalf of the City.
ATTACHMENTS:
1. Draft Ordinance
2. Ordinance Text, Redline
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, REPLACING CHAPTER
3.30 IN ITS ENTIRETY AND RESCINDING ORDINANCES
NO. 224, 423, 586, 927, 928, 986, 1162, 1166, 1204, 1229, 1276, 1317, 1335 AND 1392 RELATIVE TO THE
PURCHASING SYSTEM AND PUBLIC WORKS
CONTRACTS AND MAKING FINDINGS UNDER CEQA.
WHEREAS, the City Palm Desert (“City”) periodically reviews the Palm Desert Municipal Code (“Municipal Code”) to identify areas that need updating, clarification, and revisions in accordance with state law;
WHEREAS, the last comprehensive update to the purchasing policies and procedures, codified in Municipal Code Chapter 3.30, was in the year 2023; WHEREAS, this update will ensure consistency amongst the various contracts and purchases, simplify the procurement process while maintaining internal controls, allow for flexibility and efficiencies, and ensure vendors follow non-discriminatory practices in employment and subcontracting; and
WHEREAS, all other legal prerequisites to the presentation of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA DOES ORDAIN AS FOLLOWS:
Section 1. Recitals. The City Council finds that the above recitals are true and correct and, accordingly, are incorporated as a material part of this Ordinance.
Section 2. Amending Chapter 3.30. Chapter 3.30 (Purchasing System and Public Works Contracts) of the Palm Desert Municipal Code is hereby amended to read in its entirety as set forth in Exhibit “A” to this Ordinance, which is hereby incorporated by reference herein.
Section 3. Severability. If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable.
Section 4. CEQA. The City Council hereby finds and determines that this Ordinance is exempt from CEQA pursuant to State CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that the Ordinance would not have the potential or
possibility for causing a significant effect on the environment. Specifically, the proposed changes to the Municipal Code are primarily administrative in nature and clean-up various inconsistencies that existed in the prior version of the Municipal Code. Moreover, many of the changes are technical in nature and do not allow for specific development. In reviewing the Ordinance the City Council has exercised its independent judgment and has reviewed and considered the Ordinance in light of all testimony received, both oral and written. Therefore, based upon the entire administrative record, the City Council hereby determines that no further environmental review is required for the Ordinance.
SECTION 5. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish a summary of this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Palm Desert, California, on the ____ day of ______, 2024 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Karina Qunitanilla, Mayor
ATTEST:
_____________________________
Anthony Mejia, City Clerk
City of Palm Desert, California
APPROVED AS TO FORM:
____________________________
Isra Shah, City Attorney
EXHIBIT “A”
Palm Desert, California Municipal Code
Title 3 REVENUE FINANCE
Chapter 3.30 PURCHASING SYSTEM AND PUBLIC WORKS CONTRACTS
3.30.010 Purpose.
3.30.020 Definitions.
3.30.030 Purchasing officer.
3.30.040 Purchasing officer—Powers and duties.
3.30.050 General purchasing regulations, policies, and procedures.
3.30.060 Public projects.
3.30.070 Contractual services.
3.30.080 Professional services.
3.30.090 Materials, supplies, and equipmentSupplies.
3.30.095 Informal bidding procedure.
3.30.100 Formal bidding procedure.
3.30.110 Standard bid and proposal protest procedures.
3.30.120 Vendor price quotes procedure.
3.30.130 Proposal procedure.
3.30.140 Best competitive value procedure.
3.30.150 Alternative project delivery.
3.30.160 Exceptions to procurement methods.
3.30.170 Change orders.
3.30.180 Local business preference program.
3.30.190 Preference for recycled content.
3.30.010 Purpose.
The purpose of this chapter is to prescribe efficient policies and procedures for the procurement of public projects, contractual services, professional services, and materials, supplies, and equipmentsupplies to better serve the city’s residents. All purchasing will be done with absolute integrity and equal opportunity will be provided to all, free of discrimination.
2 3.30.020 Definitions.
The following terms, whenever used in this chapter, shall be construed as follows:
“City manager” means the city manager of the city or their designee. “Coachella Valley” means the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north.
“Contract” means any type of legally recognized city agreement for the procurement of supplies, services, or for construction of public projects, including without limitation an award of a grant or a real property agreement.
“Contractor” means any person or business having a contract with the city. For the purpose of this chapter, the term “contractor” includes any person or business who is a party to a real property agreement.
“Contractual services” mean all services, other than professional services, including, but not limited to, repairs, maintenance work, software subscriptions, and rental equipment. The term does not include services rendered by city officers or employees. “Department” or “agency” means a department, agency, or other unit of the city government whose affairs and funds are under the supervision and control of the city council. “Designated position” means a city staff position authorized by the city manager to make purchases consistent with this chapter subject to dollar limits set by the city manager. “Domestic partner” means any person who has a currently registered domestic partnership with a governmental body pursuant to State or local law authorizing such registration. “Local business” means a vendor, contractor, or consultant who has a valid physical business address located within one of the nine incorporated cities of the Coachella Valley, or within an unincorporated area of Riverside County in the Coachella Valley within the boundaries of the Coachella Valley Association of Governments, at least six months prior to bid or proposal opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to-day basis, and holds a valid business license by a jurisdiction located in the Coachella Valley. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address.
“Materials, supplies, and equipment” means any and all articles, things, or property, other than real property, furnished to be used by any city agency. “Paper products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
“Printing and writing papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
Commented [1]: Since we have new definition of
“supplies” that includes materials and equipment,
suggest removing this definition and use “supplies”
throughout.
3 “Professional services” means all services performed in a professional occupation including, but not limited to, accounting, auditing, appraising, computer hardware and software support, engineering, architectural, planning, environmental, redevelopment, financial, economic, social services, legal, construction project management, communications, land surveying and other similar professional functions which may be necessary for the operation of the city. “Public project” means construction, reconstruction, erection, alteration, renovation, improvement, and demolition work involving any publicly-owned, leased, or operated facility. “Purchasing” means the procurement of public projects, contractual services, professional services, and materials, supplies, and equipmentsupplies as needed by the city. “Real property agreement” means any agreement for the sale, lease, or use of real property owned by or in the lawful possession of the city, including without limitation concessions, franchises, and easements.
“Recycled-content paper” means paper products and printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
“Subcontract” shall mean an agreement to: (i) provide supplies and/or services, including construction labor, materials or equipment, to a contractor, if such supplies or services are procured or used in the fulfillment of the contractor’s obligations arising from a contract with the city; or (ii) to transfer the right to occupy or use all or a portion of a real property interest subject to a property contract to a subcontractor and pursuant to which the contractor remains obligated under the property contract.
“Subcontractor” means any person or business who enters into a subcontract with a contractor. Such term shall include any person or business who enters into an agreement with any subcontractor for the performance of 10 percent or more of any subcontract. “Supplies” means any and all articles, things, goods, equipment, commodities, or property, other than real property, furnished to be used by the City.”
3.30.030 Purchasing officer.
The purchasing officer shall be the city manager or designee. The city manager may delegate some or all of the duties of that position to one or more subordinate employees. The purchasing officer shall supervise the purchasing functions of the city. The purchasing officer is authorized to establish methods and procedures for efficient and economical purchasing. (Ord. 1374 § 1, 2022; Ord. 1335 § 1, 2018)
3.30.040 Purchasing officer—Powers and duties.
The purchasing officer, in accordance with this chapter and any written policies and/or procedures approved by the city manager consistent with this chapter, shall have the power to:
A Purchase and Contract. Purchase or contract for public projects, contractual services, professional services, and materials, supplies, and equipmentsupplies required by the city.
4 B Purchasing Policies Procedures. Prepare and implement policies and procedures governing the bidding, contracting, and purchasing of public projects, contractual services, professional services, and materials, supplies, and equipmentsupplies for the city.
C Forms. Prescribe and maintain such forms as may be reasonably necessary to the implementation of this chapter and any other policies and procedures approved by the city manager consistent with this chapter.
D Surplus Materials, Supplies, and EquipmentSupplies. Establish policies and procedures to sell, repurpose or dispose of any materials, supplies, and equipmentsupplies not needed for public use or that are obsolete, damaged beyond repair, or may become unsuitable for their intended use including establishing value thresholds for surplus.
E Purchase for Resale. Authorize the purchase of materials, supplies, and equipmentsupplies for resale from such enterprises as the golf course, or visitor’s center to obtain the best possible price for the desired merchandise by adopting a procedure approved by the city manager. Such purchases shall not be subject to the award limits noted in this chapter, provided funding is available within the appropriated budget.
F Bidder, Contractor and Vendor Lists and Catalogs. Develop and maintain any bidder’s list, contractor’s list or vendor’s list necessary to the operation of this chapter and any other policies and procedures approved by the city manager consistent with this chapter.
G Recycled Product Procurement Policy. Establish and maintain procedures and specifications for the purchase of recycled-content paper and recycled-content paper products as described in Section 3.30.190(A)(4).
3.30.050 General purchasing regulations, policies, and
procedures.
A Applicability of Chapter. The purchasing regulations contained in this chapter shall apply to the procurement of public projects, contractual services, professional services, and materials, supplies, and equipmentsupplies by the city.
B Purchasing Limits, Authorizations and Awards. The city manager may establish dollar limits for authorizations and awards, consistent with this chapter, by designated positions, for the procurement of public projects, contractual services, professional services, and materials, supplies, and equipmentsupplies.
C Subsequent Contract Awards, Amendments, Extensions or Renewals.
Notwithstanding anything herein to the contrary, the city manager or designated position shall not award a subsequent contract to the same individual or entity for the same or similar services on the same project, or amend, extend or renew such a contract, without obtaining the next highest approval authority (e.g., the city council for the city manager), when the award, amendment, extension or renewal will result in the city paying an aggregate amount in excess of the approval authority of the city manager to the individual or entity in any given fiscal year. For purposes of this section, the phrase “same project” shall include an on-call or as-needed contract.
D Rejection of Bids and Proposals. At its discretion, the city council may reject any and all bids, proposals, quotations, or prices secured through procurement methods consistent with this chapter and take any other action deemed appropriate for the procurement of public projects, contractual services, professional services, and materials, supplies, and
5 equipmentsupplies.
E Appropriations Requirement. No contract or purchase shall be made unless the director of finance shall have first confirmed that there is an unencumbered appropriation in the fund against which such expenditure is to be charged sufficient to cover the amount of purchase or contract, unless in cases of emergency.
F Performance Bonds. The city shall have authority to require a performance bond before entering a contract in such an amount as it shall find reasonably necessary to protect the best interests of the city.
G Confidentiality of Proposals. Contracts let pursuant to proposals permitting negotiations shall be opened and their contents secured to prevent disclosure during the process of negotiating with competing proposers. If proposals are opened publicly, only the names of the proposers shall be revealed, while prices and other information concerning the proposals shall not be disclosed until negotiations are complete and before award is made by the city council.
3.30.060 Public projects.
A Two Ten Thousand Dollars ($102,000) or Less. Public projects of Two Ten Thousand Dollars ($210,000) or less may be awarded by a city department head the city manager or designee after selecting a qualified contractor and negotiating a contract in the best interest of the city.
B More than Ten Thousand Dollars ($10,000) to Seventy-Five Thousand Dollars ($75,000) or Less. Public projects of more than Ten Thousand Dollars ($10,000) to Seventy-Five Thousand Dollars ($75,000) or less may be awarded by the city manager pursuant to the vendor price quotes procedure (Section 3.30.120) after selecting a qualified contractor or any exception consistent with this chapter. Utilization of the vendor price quotes requires the receipt of a minimum of two quotes from responsible vendors. Public projects of up to Twenty-Five Thousand Dollars ($25,000) may be awarded by a designated position, subject to the limits and authorizations established under Section 3.30.050(B). The contract shall be awarded in the best interest of the city.
C More than Seventy-Five Thousand Dollars ($75,000) to Two-Hundred Fifty Thousand Dollars ($250,000). Public projects of more than Seventy-Five Thousand Dollars ($75,000) to Two-Hundred Fifty Thousand Dollars ($250,000) shall, except as otherwise provided in this chapter, be awarded by the city manager, to the extent the city council has budgeted funds for the project, pursuant to the informal bidding procedure (Section 3.30.095) or any exception consistent with this chapter and to the lowest responsible bidder.
D More than Two-Hundred Fifty Thousand Dollars ($250,000). Public projects of more than Two-Hundred Fifty Thousand Dollars ($250,000) shall, except as otherwise provided in this chapter, be awarded by the city council pursuant to the formal bidding procedure (Section
3.30.100) or any exception consistent with this chapter and to the lowest responsible bidder. The city council may reject any or all bids received, and may waive any irregularities in each bid received.
E Review and Approval of Plans and Specifications. The director of public works and city engineer, or their designees, are authorized to review and approve engineering plans for all public projects. This shall include the working details, drawings, plans and specifications prepared for every public project, including emergency and change order work, which may affect the design or operation of public improvements and which may bring into question the city’s liability for dangerous conditions of public property.
6 F Municipal Projects. Except on locally funded public projects of twenty-five thousand dollars ($25,000) or less when the project is for construction work, or fifteen thousand dollars ($15,000) or less when the project is for alteration, demolition, repair or maintenance work, all contractors performing work on city public projects shall be subject to California Prevailing Wage Law, codified at California Labor Code Section 1720 et seq., as it may be amended from time to time, or otherwise proscribed by law. The only limitation on the provisions of this subsection shall be in the event federal funding requirements supersede state prevailing wage laws.
G Applicability of Public Contract Code.
1. Pursuant to Public Contract Code section 1100.7, the city is expressly exempt from the Public Contract Code except to the extent the city has expressly adopted one or more provisions of the Public Contract Code pursuant to the city charter, this code, city council resolution or other city council action, or express terms of a city contract.
3.30.070 Contractual services.
A Tenwo Thousand Dollars ($102,000) or Less. Contractual services of Ten Thousand Dollars ($10,000) or less may be awarded by the city manager or designee after selecting a qualified vendor and negotiating a contract in the best interest of the city.
B More than Ten Thousand Dollars ($10,000) to Seventy-Five Thousand Dollars ($75,000) or Less. Contractual services of more than Ten Thousand Dollars ($10,000) to Seventy-Five Thousand Dollars ($75,000) or less may be awarded by the city manager pursuant to the vendor price quotes procedure (Section 3.30.120), best competitive value procedure (Section 3.30.140), or any exception consistent with this chapter. Contractual services of up to twenty-five thousand dollars ($25,000) may be awarded by a designated position, subject to the limits and authorizations established under Section 3.30.050(B).
C More than Seventy-Five Thousand Dollars ($75,000) to Two-Hundred Fifty Thousand Dollars ($250,000). Contractual services of more than Seventy-Five Thousand Dollars ($75,000) to Two-Hundred Fifty Thousand Dollars ($250,000) shall may be awarded by the city manager pursuant to the informal bidding procedure (Section 3.30.095), best competitive value procedure (Section 3.30.140), or any exception consistent with this chapter.
D More than Two-Hundred Fifty Thousand Dollars ($250,000). Contractual services of more than Two-Hundred Fifty Thousand Dollars ($250,000) shall be awarded by the city council pursuant to the best competitive value procedure (Section 3.30.140) or any exception consistent with this chapter.
E Award. All contractual services shall be awarded in the best interest of the city, determined in at the sole discretion of the city council, city manager, or designated position authorized to award the contract.
3.30.080 Professional services.
A Ten Thousand Dollars ($10,000) or Less. Professional services of Ten Thousand Dollars ($10,000) or less may be awarded by the city manager or designee after selecting a qualified vendor and negotiating a contract in the best interest of the city.
B More than Ten Thousand Dollars ($10,000) to Seventy-Five Thousand Dollars ($75,000) or Less. Professional services more than Ten Thousand Dollars ($10,000) to of
7 Seventy-Five Thousand Dollars ($75,000) or less may be awarded by the city manager pursuant to the proposal procedure (Section 3.30.130), best competitive value procedure (Section
3.30.140), or any exception consistent with this chapter. Professional services of up to twentyfive thousand dollars ($25,000) may be awarded by a designated position, subject to the limits and authorizations established under Section 3.30.050(B).
C Seventy-Five Thousand Dollars ($75,000) to Two-Hundred Fifty Thousand Dollars ($250,000). Professional services of Seventy-Five Thousand Dollars ($75,000) to Two-Hundred Fifty Thousand Dollars ($250,000) shall be awarded by the city manager pursuant to the proposal procedure (Section 3.30.130), best competitive value procedure (Section 3.30.140), or any exception consistent with this chapter.
D More than Two-Hundred Fifty Thousand Dollars ($250,000). Professional services of more than Two-Hundred Fifty Thousand Dollars ($250,000) shall be awarded by the city council pursuant to the best competitive value procedure (Section 3.30.140) or any exception consistent with this chapter.
E Award. Contracts for professional services shall be awarded to the consultant who will best serve the interests of the city, taking into account the demonstrated competence, professional qualifications and suitability for the project in general. The city may consider cost of professional services if determined to be a relevant factor under the circumstances, but cost shall not be the sole determining factor.
3.30.090 Materials, supplies, and equipmentSupplies.
A Two Thousand Dollars ($2,000)Ten Thousand Dollars ($10,000) or Less.
Materials, supplies, and equipmentSupplies of Ten Thousand Dollars ($10,000)Two Thousand Dollars ($2,000) or less may be awarded by a the city manager or designee department head after selecting a qualified vendor and negotiating a contract in the best interest of the city.
B More than Ten Thousand Dollars ($10,000) to Seventy-Five Thousand Dollars ($75,000) or Less. Materials, supplies, and equipmentSupplies of more than Ten Thousand Dollars ($10,000) to Seventy-Five Thousand Dollars ($75,000) or less may be awarded by the city manager pursuant to the vendor price quotes procedure (Section 3.30.120), best competitive value procedure (Section 3.30.140), or any exception consistent with this chapter. Priority for awarding is to be given to the lowest price quote. Justification for award on basis other than lowest price must be approved by the purchasing officer or designee. Materials, supplies, and equipmentSupplies of up to twenty-five thousand dollars ($25,000) may be awarded by a designated position, subject to the limits and authorizations established under Section
3.30.050(B).
C More than Seventy-Five Thousand Dollars ($75,000) to Two-Hundred Fifty Thousand Dollars ($250,000). Materials, supplies, and equipmentSupplies of more than SeventyFive Thousand Dollars ($75,000) to Two-Hundred Fifty Thousand Dollars ($250,000) or less may be awarded by the city manager pursuant to the informal bidding procedure (Section 3.30.095), best competitive value procedure (Section 3.30.140), or any exception consistent with this chapter. Priority for awarding is to be given to the lowest price quote. Justification for award on basis other than lowest price must be approved by the purchasing officer Materials, supplies, and equipment of up to twenty-five thousand dollars ($25,000) may be awarded by a designated position, subject to the limits and authorizations established under Section 3.30.050(B). The contract shall be awarded in the best interest of the city.
D More than Two-Hundred Fifty Thousand Dollars ($250,000). Materials, supplies,
8 and equipmentSupplies of more than Two-Hundred Fifty Thousand Dollars ($250,000) shall, except as otherwise provided in this chapter, be awarded by the city council pursuant to formal bidding procedures and to the lowest responsible bidder or any exception consistent with this chapter. The city council may reject any or all bids received and may waive any irregularities in each bid received.
3.30.095 Informal bidding procedure.
A The informal bidding procedure shall follow the formal bidding procedure except that the city shall maintain a list of prequalified vendors and contractors established by this chapter, the notice inviting informal bids shall be provided to all vendors and contractors on the bidder list and/or to a designated construction trade journals, or electronic bid platform not less than ten five (105) calendar days before the date of opening bids, and award shall be by the city manager. The development and maintenance of the vendor and contractors lists will be established by the purchasing officer. Vendors and contractors must apply and be approved to be placed on a prequalified vendoer list prior to the execution of any contract. Vendors may remain on the vendor list no more than 24 months.
3.30.100 Formal bidding procedure.
A Uses of Formal Bidding Procedure. This formal bidding procedure shall be used whenever formal bidding is required.
B Notice Inviting Formal Bids. Notice inviting formal bids shall be issued and at a minimum: (1) describe the project; (2) state how to obtain more detailed information about the project; (3) state the date, time and place for the submission of bids; and (4) include any other information required by state or local law.
C Published Notice. The notice shall be published at least ten (10) calendar days before the date of opening the bids on the city’s website and on an electronic bulletin board or an Internet site that is a generally recognized source of local public works contract information.
D Bidder’s Security (Projects). All bids require one of the following forms of bidder’s security: (1) cash; (2) cashier’s check made payable to the city; or (3) a bidder’s bond executed by an admitted surety insurer made payable to the city. Such security shall be an amount at least equal to ten percent of the amount bid. No bid shall be considered unless security in the form above set forth is provided with the bid.
E Forfeiture of Security (Projects). If the successful bidder fails to execute the contract and provide any required documentation, the bidder’s security shall be forfeited to the city. The city council may, on refusal or failure of the successful bidder to execute such contract, award the contract to the next lowest responsible bidder submitting a responsive bid. If the city council awards the contract to the second lowest bidder, the amount of the lowest bidder’s security shall be applied by the city to the difference between the low bid and the second low bid. The surplus, if any, shall be utilized to offset any and all costs of preparation and printing of plans, specifications, estimates of cost, publication of notices, and any surplus remaining shall be returned to the lowest bidder who fails to execute the contract.
F Review of Bids. The city shall review all bids received for completeness, accuracy, responsiveness to the notice inviting bids and bid documents, and the city’s experience with or knowledge of the qualifications and reliability of each bidder and prepare a recommendation for award to the city council. The city council may waive any irregularities in each bid received.
9 G No Bids. If no bids are received, the city council may have the project done in any manner that the city council may direct without further complying with this chapter.
H Award of Contract. The contract shall be awarded in accordance with all applicable sections of this chapter. If two or more bids received are the same amount, the city council may decide which bid to accept and award.
I Rejection of Bids. The city council may, in its sole and absolute discretion, reject all bids presented. After all bids are rejected, the city council shall have the option of any of the following:
1. Abandon the project;
2. Readvertise for bids in the manner described in this chapter;
3. Perform the work by employees of the city; or
4. Have the project done by force account, or procure materials, supplies, and equipmentsupplies on the open market.
J Relief of Bidders. A bidder shall not be relieved of its bid unless by consent of the city council nor shall any change be made in the bid because of mistake. The requesting party should provide to the city council in written form the facts that establish to the satisfaction of the city council that: (1) a mistake was made; (2) written notice was given to the city of that mistake within five days, excluding Saturdays, Sundays, and state holidays, after the opening of the bids specifying how the mistake occurred; (3) the mistake made the bid materially different than it was intended to be; and (4) the mistake was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the site of the work, or in reading the plans or specifications.
If the protest does not comply with each of these requirements, the city may reject the protest without further review. If the protest is timely and complies with the above requirements, the city shall review the protest, any response from the challenged bidder(s), and all other relevant information. The city will provide a written decision to the protestor in a reasonable amount of time.
3.30.110 Standard Bid and Proposal Protest Procedures.
A Effect of Failure to Protest. The procedures set forth in this section are mandatory and are the sole and exclusive remedy of a bidder, proposer or other vendor to dispute the award of a contract that the city solicits through a competitive process. A protest that does not comply with these procedures may be summarily rejected and the person submitting the protest shall be deemed to have waived all rights to relief.
B Protests of Solicitation Method. By submitting a bid, proposal or other application for a contract award, the bidder, proposer or other vendor shall be deemed to have waived all rights to challenge the city’s method for procuring the contract or any discrepancy in the solicitation process or documents. Bidders, proposers, or vendors may submit bids, proposals or other applications under protest. Protests under this section shall be submitted in writing to the official designated to receive the bid, proposal or other application and shall contain a full summary of the factual and legal basis for the protest.
C Protests of Award. A bidder, proposer or other vendor applying for a city contract
10 through a competitive process may submit a written protest of the award of the contract. The protest shall identify and explain the factual and legal grounds for the protest. Any grounds not raised in the written protest are deemed waived by the protesting bidder.
D Waiver. Any person that: (1) did not directly submit a bid or proposal, (2) is not responsible or qualified to receive the contract, (3) failed to submit a responsive bid or proposal, (4) is not in line to receive the contract or is otherwise ineligible to receive the contract, (5) is otherwise not beneficially interested in the award, or (6) fails to submit a timely protest shall be deemed to have waived the right to protest the award of the contract. Any protest deemed waived will be subject to summary rejection without further consideration and the person will have no right to any relief.
E Timing of Protest of Award. Protests shall be submitted in writing to the official designated to receive the bid, proposal or other application within the following times:
1. If of another bidder, within five (5) calendar days after the bid opening date.
2. If the city makes a recommendation to the city council to award a proposal or other application, then within five (5) calendar days following the issuance of the recommendation and prior to the date of the award.
3. If in response to a notice of intent to reject a bid, proposal or other application, then within five (5) calendar days following the issuance of the notice of intent.
F City Response. If the protest is timely and complies with the above requirements, the city shall review the protest, any response from the challenged bidder, proposer or other vendor, and all other relevant information. The city will provide a written decision to the protestor in a reasonable amount of time. If the protest is in response to a recommendation of award to the city council, then the protest will be considered concurrently with the award of the contract, and the approval authority’s action is final.
G Conflicts. The protest procedures contained in this section shall not apply if a particular solicitation contains a different protest procedure. This section does not limit or eliminate a claimant’s obligations under the Government Claims Act, Government Code Section 900 et seq.
3.30.120 Vendor price quotes procedure.
City staff shall solicit from an approved list of vendors via posted notice, telephone request, mail, email, electronic bid platform or any other reasonable solicitation method, price quotes documented in writing. If unable to obtain a minimum of three (3) price quotes from approved qualified vendors, staff shall document that reasonable efforts were made to obtain price quotes including, that a notice was posted for not less than three (3) business days; that there were no other vendors to solicit price quotes from; or that they solicited to other vendors and one or more declined to provide a quote.staff shall procure by the best competitive value procedure (Section
3.30.140). The development and maintenance of the list of approved vendors will be established by the purchasing officer.
3.30.130 Proposal procedure.
City staff shall solicit from an approved list of vendors via posted notice, telephone request, mail, email, electronic bid platform or any other reasonable solicitation method, proposals documented in writing. If unable to obtain a minimum of three (3) proposals from approved qualified professional service firms, staff shall document that reasonable efforts were made to
11 obtain proposals including, that a notice was posted for not less than three (3) business days; that there were no other vendors to solicit proposals from; or that they solicited to other vendors and one or more declined to provide a proposal., staff shall procure by the best competitive value procedure (Section 3.30.140). The development and maintenance of the list of approved vendors will be established by the purchasing officer.
3.30.140 Best competitive value procedure.
The best competitive value procedures utilizes request for qualifications (“RFQ”) and/or request for proposals (“RFP”) to engage services on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices to the city. The following minimum guidelines and procedures shall be implemented.
A Notice Inviting RFQs or RFPs. At a minimum, the notice inviting RFQs or RFPs shall: (1) describe the project; (2) state how to obtain more detailed information about the project; (3) state the date, time and place for the submission of qualifications or proposals; (4) describe general parameters for evaluation and selection; and (5) include any other information required by state or local law.
B Published Notice. City staff shall solicit RFQs or RFPs via published notice on the city’s website or a website that electronically receives bids for not less than five (5) calendar days.
C Review of Qualifications or Proposals. City will review and evaluate qualifications or proposals based on the evaluation and selection criteria in the RFQs/RFPs and rank proposals based on factors listed in the RFQ/RFP.
D Negotiation. Once proposals are ranked, city may negotiate a contract with the highest ranked proposer only, may negotiate with multiple proposers, or may attempt to reach an agreement with the highest ranked proposer before negotiating with other proposers in order of ranking. City may also dispense with negotiations and recommend an award based on the proposals.
E Award. Award will be made in accordance with this chapter.
F Rejection of Proposals or Qualifications. The city council may, in its sole and absolute discretion, reject all qualifications or proposals presented and re-advertise.
3.30.150 Alternative project delivery.
As an alternative to the formal bidding procedure set forth in this chapter, the city may, for public projects, cause to be prepared estimates and documents for the procurement of public projects through alternative project delivery. Upon approval by the city council, the city may use the following methods of project delivery: design-build, progressive design-build, and construction manager/general contractor method. The purchasing officer is authorized to establish the procurement procedures for these methods of project delivery. As used in this chapter:
A “Best value” means a value determined by evaluation of objective criteria that relate to price, features, functions, life-cycle costs, experience, and past performance. A best value determination may involve the selection of the lowest cost proposal meeting the interests of the city and meeting the objectives of the project.
B “Construction Manager/General Contractor method” means a project delivery
12 method in which a construction manager is procured to provide preconstruction services during the design phase of the project and construction services during the construction phase of the project. The contract for construction services may be entered into at the same time as the contract for preconstruction services or at a later time. The execution of the design and the construction of the project may be in sequential phases or concurrent phases. A Construction Manager/General Contractor method contract shall be awarded on a best value or qualifications basis.
C “Design-build” means a project delivery process in which both the design and construction of a project are procured from a single entity. Design-build shall be awarded on a best value basis.
D “Progressive design-build” means a project delivery process in which both the design and construction of a project are procured from a single design-build entity that is selected through a qualifications-based selection at the earliest feasible stage of the project. A progressive design-build contract shall be awarded on a best value or qualifications basis.
E
3.30.160 Exceptions to procurement methods.
A Minimum Procurement Levels. When the city manager establishes a minimum dollar threshold where the procurement of public projects, contractual services, professional services, and materials, supplies, and equipmentsupplies are not subject to any of the required procurement methods in this chapter. The city shall work to procure these items in the best interest of the city.
B Disaster Relief. When in the case of a disaster, as further explained in Chapter
2.48, the requirements of this chapter do not apply.
C Emergency. While the need for occasional emergency purchases is recognized, the practice must be curtailed as much as possible by anticipating needs so that normal purchasing procedures may be used.
1. “Emergency” means a sudden, unexpected occurrence that poses a clear, eminent danger requiring immediate action to protect the health and safety of the public, including to prevent or mitigate the loss or impairment of life, health, property or public services.
2. In the case of an emergency which requires the immediate procurement of public projects, contractual services, professional services or materials, supplies, and equipmentsupplies, the city manager may authorize the purchasing officer to procure these items without regard to the provisions of this chapter; provided that a written public record shall be kept showing the nature of the emergency and the city manager’s authorization to proceed under the provisions of this section. The city manager shall terminate the emergency action at the earliest possible date that conditions warrant.
D No Competitive Market. When the city council manager determines that a competitive market does not exist or that the city will not gain a competitive advantage by using the formal bidding procedure, the city may use any other procurement method.
E Competitive Bidding Already Completed. When the purchasing officer, with the
13 approval of the city manager, determines that: (1) a competitive bid procedure has been conducted by another public agency, including, but not limited to, another local agency, the state through the California Multiple Award Schedule (CMAS), the federal government through the General Services Administration (GSA), or a joint powers agency, authority or alliance that procures competitive contracts; and (2) the price to the city is equal to or better than the price to that public agency.
F State Purchase. When the purchase is made on behalf of the city by the State Department of General Services.
G Mandated Expenditures. When expenditures are mandated by law or regulation, such as county booking fees, utilities, postage (for delivery charges through the U.S. Postal Service), waste disposal fees or other non-negotiable permit, use or application fees.
H Shared Services. When the city council or city manager authorizes the award and execution of contracts for services, subject to the dollar limits consistent with this chapter, that are provided by another government, public entity, joint powers authority, quasi-governmental entity, special district or nonprofit entity that will maximize efficiency, increase cost effectiveness, increase range of services, minimize duplication, provide training or education encourage collaboration or standardize efforts, or leverage government resources.
I Best Interest of City. When the city council or city manager authorizes the award and execution of contracts, subject to the dollar limits consistent with this chapter, without competitive bidding provided that the city council or city manager finds that such award is in the best interest of the city, or of the public health, safety, and welfare.
J Sole Source. When the city manager determines that there is only one source that provides the needed public project, contractual service, professional service or materials, supplies, and equipmentsupplies or a product to ensure compatibility with other city products and equipment, the city shall work to procure these items in the best interest of the city.
K Purchase of Recurring Charges,.
1. The Purchasing purchasing Oofficer may create an open approved vendor list for the purposes of providing specified services and goods for the fiscal year for ongoing cleanup, maintenance and different routine items that are of a continuing nature. The development and maintenance of the vendor list and specified services list will be established by the purchasing officer.
2. Prior to each fiscal year, an invitation to provide pricing for certain goods or services should be posted and remain posted through the fiscal year to offer vendors to provide pricing throughout the year and provide equal bidding opportunities. Additions to the vendor list may be approved continuously by the purchasing officer. Prices from each vendor shall be obtained in a manner to ensure competitive pricing, in the best interest of the city. Vendors shall be required provide updated pricing annually.
3. The aggregate yearly threshold for each vendor may be determined by the city council, at the recommendation of the city managershall not exceed $25,000. A vendor list may be approved by the city council as often as necessary but not less than once every twenty four (24) months.
4. Vendors may remain on the list without reapplying for three (3) years plus two oneyear extensions at the request of city staff.
14 5. Utilization of vendors on the list is to be prioritized by pricing, then by other appropriate criteria including quality, capability, availability, or similar criteria. Exceptions to the prioritization of pricing is subject to approval by the finance director or designee.
L Technology Recurring Charges:
1. When renewing maintenance/support services, license(s), or addressing similar needs for existing technology systems (software and hardware) procurement is permissible directly from the original developer/manufacturer or sole source provider if the city manager has determined that negotiations have yielded the best price, terms, and conditions.
2. When renewing maintenance/support services, license(s), or addressing similar needs for existing technology systems (software and hardware) procurement is permissible directly from a vendor/reseller previously selected following the City’s procurement standards; provided, that (1) the vendor/reseller has been used continuously since such selection, (2) the renewal involves no substantive changes, and (3) the city manager determines that proceeding with the vendor/reseller serves the City’s best interests.
M Otherwise Authorized. When otherwise authorized by this chapter or applicable law.
3.30.170 Change orders.
B The city manager or designee shall have authority to approve change orders for public projects, contractual services, professional services, and materials, supplies, and equipmentsupplies previously awarded by the city manager, provided that change orders aggregated with the original contract do not exceed Two-Hundred Fifty Thousand Dollars ($250,000)Seventy-Five Thousand Dollars ($75,000), subject to an unencumbered appropriation in the fund against which such expenditure is to be charged.
C During the award of a contract by the city council, the council may give the city manager the authority to approve change orders, specific to that contract, based on either a percentage of the contract or a specific dollar amount. If no specific authority is given by the city council, the city manager may approve change orders for a city council awarded contract subject to the dollar limits consistent with this chapter, provided such change orders are within the approved contingency.
D Change orders in excess of the city manager’s authority may be approved by the city manager and submitted to city council for ratification under the following circumstances:
1. The failure to immediately issue a change order may result in significant project cost increases or an unacceptable project delay due to work stoppage or other inefficiencies;
2. A special meeting or a regularly scheduled meeting of the city council is not scheduled within a reasonable period of time to sufficiently remedy the problem; and
3. Funding for the change order is currently available within the appropriated budget.
3.30.180 Local business preference program.
A Statement of Policy. It is the policy of the city to promote employment and business opportunities for local residents and firms on all contracts and give preference to local residents, workers, businesses, contractors, and consultants to the extent consistent with the law and
15 interests of the public.
B Local Preference in Purchasing. In the bidding of, or letting for procurement of, supplies, materials, and equipment, as provided in this chapter, the purchasing officer may give a preference to local businesses in making such purchase or awarding such contract in an amount not to exceed five percent of the local business’ total bid price. Total bid price shall include not only the base bid price but also adjustments to that base bid price resulting from alternates requested in the solicitation. In order for a local business to be eligible to claim the preference, the business must request the preference in the solicitation response and provide a copy of its current business license from a jurisdiction in the Coachella Valley.
C Local Preference in Professional Services. In awarding contracts for professional services, including consultant services, preference to local business shall be given whenever practicable pursuant to this chapter consistent with the statement of policy in subsection A of this section. The contractor or consultant will also, to the extent legally possible, solicit applications for employment and proposals for subcontractors and sub-consultants for work associated with the proposed contract from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible. In order for a local business to be eligible to claim the preference, the business must request the preference in the solicitation response and provide a copy of its current business license from a jurisdiction in the Coachella Valley.
D Exceptions to Local Business Preference Policy. The preference set forth in this section shall not apply to the following purchases or contracts:
1. Goods or services provided under a cooperative purchasing agreement;
2. Purchases or contracts which are funded in whole or in part by a governmental entity and the laws, regulations, or policies governing such funding prohibit application of that preference;
3. Purchases made or contracts let under emergency or noncompetitive situations;
4. Purchases with an estimated cost of twenty-five thousand dollars or more;
5. Application of the local business preference to a particular purchase, contract, or category of contracts for which the city council is the awarding authority may be waived at the city council’s discretion;
6. Public projects;
7. Bids that are nonresponsive.
E Quality and Fitness. The preferences established in this section shall in no way be construed to inhibit, limit or restrict the right and obligation of the purchasing officer to compare quality and fitness for use of supplies, materials, equipment, and services proposed for purchase and compare the qualifications, character, responsibility, and fitness of all persons, firms, or corporations submitting bids or proposals. In addition, the preferences established in this section shall in no way be construed to prohibit the right of the city council or the purchasing officer from giving any other preference permitted by law or this chapter.
F Verification of Local Business Preference Eligibility. Any vendor or consultant claiming to be a local business, shall so certify in the bid. The purchasing officer shall not be required to verify the accuracy of any such certifications, and shall have sole discretion to