Palm Desert City Council
June 27, 2024

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: June 27, 2024
PREPARED BY: Bassam AL-Beitawi, Senior Project Manager
REQUEST: ACCEPT CONTRACT NO. C44440 AS COMPLETE FOR THE TRAFFIC SIGNAL HARDWARE UPGRADE (PROJECT NO. MTS00002)
RECOMMENDATION:

1. Accept Contract No. C44440 with Econolite Systems Inc. of Anaheim, California, for the Traffic Signal Hardware Upgrade as complete and authorize the City Clerk to file the Notice of Completion.

2. Authorize the City Manager to execute and the City Clerk to file the Notice of Completion.

BACKGROUND/ANALYSIS:

On January 12, 2023, the City Council awarded a contract to Econolite Systems, Inc. to upgrade and replace existing traffic signal hardware at 69 of the City’s 99 signalized intersections.

Hardware to be replaced included vehicular indications, internally illuminated street name signs (IISNS signs), pedestrian push buttons, signal heads and related hardware.

Upon awarding the contract, staff identified that numerous IISNS signs had incorrect block numbers. Block numbers on traffic poles are crucial for emergency response, navigation, and public service delivery, aiding in locating addresses efficiently for residents and emergency services while facilitating city planning and management.

In agreement and partnership with the contractor, staff conducted a comprehensive reevaluation of all intersections within the scope of work to ensure the accuracy of block numbers, thereby enhancing the effectiveness of emergency services and navigation.

Construction began on February 19, 2024, and was completed by May 19, 2024. Staff has inspected the contractor’s work and found said work to be complete and in accordance with the contract requirements. The total contract amount, including contingency, amounted to $447,560.

The project expended the total contract amount.

Legal Review:

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

FINANCIAL IMPACT:

Accepting this project and filing the Notice of Completion have no financial impact.

ATTACHMENTS:

1. Notice of Completion
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To be recorded with the Riverside County Recorder
on or within 15 days after completion and acceptance by the City Council. NO RECORDING FEE PER
SECTION 6103 OF THE GOVERNMENT CODE.

APN 000-000-000 R/W NOTICE OF COMPLETION
(Cal. Civ. Code § 9200 et seq. – Public Works)
NOTICE IS HEREBY GIVEN:

1. That the interest or estate stated in paragraph 3 herein in the real property herein described is SOLELY OWNED by the CITY OF PALM DESERT, A MUNICIPAL CORPORATION, a political subdivision of the State of California, and whose address is 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA, 92260.

2. That the full name and address of the owner of said interest or estate is set forth in the preceding paragraph.

3. That the nature of the title of the stated owner, as set forth in paragraph 1, is FEE.

4. That on the 19th day of May, 2024 work of improvement described as the 2023 Traffic Signal Modifications and Hardware Upgrades, Project No. 569-23 Contract No. C44440, on the real property herein described was completed.

5. That the name of the original contractor, if any, for said work of improvement was: Econolite Systems, Inc.

6. That the real property herein referred to is situated in the City of Palm Desert, County of Riverside, State of California, and is described as (Citywide) 73-510 Fred Waring Drive, Palm Desert, CA 92260.

CITY OF PALM DESERT

A MUNICIPAL CORPORATION
Date: By:

L. Todd Hileman, City Manager

When recorded, return to:

Office of the City Clerk
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260

VERIFICATION
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, am authorized to execute and file this Notice of Completion with the County Recorder of the County of Riverside on behalf of the City of Palm Desert. I have read the Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on , 20 at , California.
(Date of signature) (City where signed)
__________________________________________________
(Personal signature of the individual who is swearing that the contents of the notice of completion are true)
Rev. January 2024 211
212

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: June 27, 2024
PREPARED BY: Anthony J. Mejia, City Clerk
REQUEST: INTRODUCE AN ORDINANCE AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 2.36 RELATED TO PROCEDURES FOR THE

CONDUCT OF MEETINGS
RECOMMENDATION:

Introduce an Ordinance entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 2.36, PROCEDURE OF THE CONDUCT OF MEETINGS.”
BACKGROUND/ANALYSIS:

With the recent filing of appeals, it has come to City staff’s attention that the Palm Desert Municipal Code Chapter 2.36 does not explicitly state that the City’s Boards, Commissions, Committees, and Task Forces (“Appointed Bodies”) shall follow the same meeting procedures as the City Council. In addition, the PDMC does not specify the time limits for public comment, address the sequencing of appeal hearings, and contains an outdated provision requiring the sorting of speaker cards based on their position for or against the subject.

If adopted, the proposed ordinance would establish that Chapter 2.36, Procedures for the Conduct of Meetings, applies to all Appointed Bodies. However, if any provision of Chapter 2.36 conflicts with a specific ordinance, resolution, or bylaw, the specific ordinance, resolution, or bylaw shall take precedence. The proposed ordinance would also limit public comment to no more than three minutes per agenda item; establish a 10-minute time limit for applicants/appellant presentations and a closing comment period for up to three additional minutes; and establish a procedure for the sequencing of appeal hearings. Finally, the proposed ordinance would eliminate the requirement of sorting speaker cards based on their position for or against the subject. With the advent of hybrid meetings, this procedure cannot no longer be achieved.

Legal Review:

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

FINANCIAL IMPACT:

There is no financial impact associated with this proposed ordinance.

ATTACHMENTS:

1. Draft Ordinance
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ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 2.36, PROCEDURES FOR THE CONDUCT OF MEETINGS
City Attorney’s Summary
The purpose of this ordinance is to amend the Palm Desert Municipal Code to clarify that Chapter 2.36 applies to the conduct of all appointed body meetings; sets time limits for public comment and public hearings, eliminates the need to sort public comment based on their position, and establishes a procedure for the sequencing of appeal hearings.

THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby amends Section 2.36.010, Finding of Fact, to read as follows:
“Section 2.36.010 Finding of fact.

The city council finds and declares that by reason of the increased intensity and complexity of city business, a need to adopt procedural rules for the conduct of public business is necessary. The city council further finds and declares that increased concentrated judicial attention to the due process clauses of both the California and Federal Constitutions regarding public hearings and the rights of individuals to be heard, require more detailed rules and regulations, insuring the protection of the rights. The city council further finds and declares that it is imperative that any person having business before the city council have a reasonable opportunity to be heard and have his matter acted upon. The provisions of this chapter shall apply to every appointed body whether it is established by ordinance, resolution, or otherwise. In the event any provision of this chapter conflicts with a specific provision of an ordinance or resolution establishing a specific appointed body or the appointed body's bylaws, such specific provision shall control.”
SECTION 2. The City Council hereby adds Section 2.36.255, Addressing the council – speaker time limits, to read as follows:
“Section 2.36.255 Addressing the council – Speaker time limits A. Public comment period: Each speaker is limited to three minutes per agenda item during the public comment period, unless the time is adjusted by the presiding officer to accommodate the number of speakers and the length of the agenda.
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Ordinance No. _____ Page 2
B. Public hearings: The public may comment on individual public hearing items within the three-minute time limit. The applicant or appellant will be provided up to ten (10) minutes to make their presentation. The applicant or appellant will be provided with an opportunity to make closing comments for up to three (3) additional minutes.”
SECTION 3. The City Council hereby amends Section 2.36.390, Public hearing – Opening, to read as follows:
“Section 2.36.390 Public hearing – Opening.

After the mayor has announced that the time has arrived for a public hearing on any scheduled agenda item set for public hearing, the mayor shall announce that it is the time and place for the public hearing, and shall ascertain whether or not anyone wishes to be heard on the agenda item under consideration. If there are persons present wishing to be heard, the presiding officer shall request that those in opposition to the matter under consideration be heard first, and the persons shall be given an opportunity to address the city council in accordance with the provisions of Section 2.36.250 through and including Section 2.36.270 of this chapter.”
SECTION 4. The City Council hereby adds Section 2.72.040, Sequencing of appeals hearings, to read as follows:
“Section 2.72.040 Sequencing of appeal hearings.

When an appeal may be heard by two or more bodies, the appeal shall be heard in the following sequence, with the City Council considering the appeal last, when practical:

A. Administrative Hearing Bodies: Appeals shall first be heard by the appropriate administrative hearing body with subject-matter jurisdiction.

B. Appoint Bodies: If applicable, appeals shall next be heard by any relevant appointed bodies that provide recommendations to the City Council.

C. City Council: The City Council shall hear the appeal last, ensuring that all preceding bodies have rendered their decisions or recommendations before the matter is brought before the City Council.

SECTION 5. 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. 216
Ordinance No. _____ Page 3
SECTION 6. 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.

ADOPTED ON ___________________, 2024.

KARINA QUINTANILLA
MAYOR
ATTEST:

ANTHONY J. MEJIA

CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on _________, 2024, and adopted at a regular meeting of the City Council held on __________, 2024, 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
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: June 27, 2024
PREPARED BY: Thomas Soule, Public Affairs Manager
REQUEST: AMENDMENT NO. 3 TO CONTRACT NO. A43790 WITH FG CREATIVE

FOR PALM DESERT AQUATIC CENTER MARKETING SERVICES
RECOMMENDATION:

1. Approve Amendment No. 3 to Contract No. A43790 with FG Creative for Palm Desert Aquatic Center Marketing Services, extending the contract through June 30, 2025, and increasing total annual compensation to an amount not to exceed $100,000.

2. Authorize the City Attorney to make necessary nonmonetary changes to the contract.

3. Authorize the City Manager to execute the contract on behalf of the City.

BACKGROUND/ANALYSIS:

Prior City Action:

On July 1, 2022, after an RFP process, the City entered Contract No. A43790 with FG Creative to provide marketing services for the Palm Desert Aquatic Center (PDAC) in the amount of $40,000. The contract term was for one year, with the option to renew it for no more than two additional one-year terms. The first renewal was approved by the City Council at its regular meeting on June 8, 2023.

Project Description:

The City contracts with the YMCA of the Desert to manage PDAC. In addition, the City pays for marketing services to help promote the facility and its services throughout the year. FG Creative has provided these marketing services for more than eight years, having most recently won the contract after a formal bidding process in 2022.

FG Creative works on the marketing plan under the direction of the City’s Public Affairs Manager in collaboration with PDAC management. The goal of the program is to help raise awareness of the center and bring customers to the site for swimming lessons, lap swimming, recreational swimming, and other activities.

This fiscal year, the City has taken a more active role in marketing PDAC. Staff meets monthly with FG Creative and PDAC management to review marketing activities and update the marketing plan as needed. To support the more robust expectations and close attention to key performance indicators, the City has raised the marketing budget to $100,000 for FY 2024-25.

This amount includes agency fees as well as all direct costs for media buys, which are billed to the City with no net markup. Once approved, the City will work closely with FG Creative and the PDAC team to build out a robust marketing plan to support PDAC’s goals.

Legal Review:

This report has been reviewed by the City Attorney’s office. 219
City of Palm Desert
PDAC Marketing Services Contract Renewal with FG Creative

FINANCIAL IMPACT:

Funds in the amount of $100,000 were included in the Fiscal Year 2024-25 Aquatic Facility budget, and upon budget approval by the City Council, they will be available in the Professional Other Account No. 2424549-4309000. This request does not impact the General Fund.

ATTACHMENTS:

1. A43790 - FG Creative Contract - PDAC Marketing

2. A43790 - Executed Amendment No. 1

3. A43790 - Executed Amendment No. 2

4. A43790 - Amendment No 3
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Contract No. A43790

BBK 72500.00001\32445060.1
AMENDMENT NO. 3 TO THE TO THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT, A43790 FOR MARKETING SERVICES BETWEEN THE CITY OF PALM

DESERT AND FG CREATIVE

1. Parties and Date.

This Amendment No. 3 to the made and entered into as of this 28th day of May 2024, by and between the City of Palm Desert (“City”) and FG CREATIVE, a Corporation, with its principal place of business at 19725 Driscoll Road, Desert Hot Springs, CA 92241 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Recitals.

2.1 Agreement. The City and FG Creative have entered into an agreement entitled “Professional Services Agreement for Marketing Services, No. A43790” dated July 1, 2022 (“Agreement” or “Contract”) for the purpose of retaining the services of retaining the services of Consultant to provide Marketing Services for the Palm Desert Aquatic Center.

2.2 Amendment. The City and FG Creative entered into Amendment No.1 to extend the term for an additional year performance period of July 1, 2023, to June 30, 2024.The Parties have heretofore entered into Amendment No. 1 dated July 1, 2023

2.3 Amendment. The City and FG Creative entered into Amendment 2. to establish an updated scope of service and increased compensation during period July 1, 2023 through June 30, 2024. The Parties have heretofore entered into Amendment No. 2 dated March 28, 2023.

2.4 Amendment. The City and FG Creative desire to amend the Agreement to extend the term, update scope of service, and increase compensation for third year of contract, July 1, 2024 through June 30, 2025.

2.5 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section

3.6.14; Modification of the Agreement.

3. Terms.

3.1. Section Compensation. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Thousand and Zero Cents ($100,000.00) without written approval of the City Council or City Manager, as applicable. “Exhibit B and Exhibit C-1 are hereby deleted in its entirety and replaced with Exhibit B-1 and Exhibit C-2 attached hereto and incorporated herein by reference.” 249
Contract No. A43790

BBK 72500.00001\32445060.1

3.1 Section Term. Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:

3.1.2 Term. The term of this Agreement shall be from July 01, 2024, to June 30, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. “Exhibit 3.1.2 Term is hereby deleted in its entirety and replaced with Exhibit 3.1.3 Term attached hereto and incorporated herein by reference.”

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 3, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3.

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. 3.

3.4 Severability. If any portion of this Amendment No. 3 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. 3 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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Contract No. A43790

BBK 72500.00001\32445060.1
SIGNATURE PAGE FOR AMENDMENT NO. 3 TO THE PROFESSIONAL MARKETING

SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT

AND FG CREATIVE
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 3 to the Professional Marketing Services Agreement as of the day and year first above written.

CITY OF PALM DESERT
By:

L. Todd Hileman
City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney

FG CREATIVE, A CORPORATION
By:

Stephanie Greene
CEO
By:

Stephanie Greene
CEO
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
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Contract No. A43790

BBK 72500.00001\32445060.1
EXHIBIT “B-1”

SCHEDULE OF SERVICES

1. STRATEGY & ACCOUNT MANAGEMENT ($21,600)
BILLED AS A MONTHLY RETAINER ACROSS 12 MONTHS (JULY TO JUNE).

2. MEDIA BUYING ($59,800)
BILLED AS A PASS-THROUGH EXPENDITURE.

3. PUBLIC RELATIONS/SOCIAL MEDIA ($18,600)
BILLED AS A MONTHLY RETAINER ACROSS 12 MONTHS (JULY TO JUNE). 252
Contract No. A43790

BBK 72500.00001\32445060.1
EXHIBIT “C-2”

COMPENSATION
Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Agreement at the rates set forth in Exhibit “B” to this Contract, which is attached hereto and incorporated herein by reference.

Pass-through Expenditures – Consultant shall be reimbursed for pass-through media buy expenditures in an amount not to exceed fifty-nine thousand, eight hundred dollars ($59,800).

Renewal - In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino- Ontario. 253
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: June 27, 2024
PREPARED BY: Gary Shaffer, Director of Library Services REQUEST: RATIFY CITY MANAGER APPROVAL OF LIBRARY REPAIR CONTRACTS NOT TO EXCEED $35,222 TO MULTIPLE VENDORS TO

BE REIMBURSED BY DESERT COMMUNITY COLLEGE DISTRICT
RECOMMENDATION:

1. Ratify City Manager approval of contracts not to exceed $35,222 to multiple vendors for necessary facility repairs at library building on Desert Community College District (DCCD) campus to be reimbursed by DCCD upon completion.

2. Authorize appropriation of $35,222 from unobligated Library Capital Project Funds to Account No. 4524136-4400100.

3. Authorize the City Manager to execute any documents necessary to effectuate this action.

4. Authorize the City Attorney to make any necessary non-monetary changes to documents.

BACKGROUND/ANALYSIS:

The City has assumed local library services from the County of Riverside and will begin operations July 1, 2024. Over the past year, staff has worked diligently to take all steps necessary for withdrawal from Riverside County Library System. Concurrently, staff has worked with the DCCD to maintain an on-going short-term lease for the current library facility from the college, while plans to design and build a new library are developed.

City staff has also worked with the City’s library design consultant and contractors on recommendations and interventions to update the leased facilities to include painting, new flooring, and furniture package equipment (FF&E) vendors. On March 14, 2024, the City Council authorized the City Manager to enter into contractual agreements equaling $650,000 to ensure delivery by the July 1 re-opening date. In May, City Council further approved $42,000 to cover unexpected increased bids for technology products. The City has since identified unanticipated facility repairs that the DCCD has authorized the City to repair and DCCD will reimburse the City in order to meet the July 1, 2024, opening date of the library.

Given the timing considerations to complete this process ahead of July 1, the City Manager authorized the repair contracts and intends to invoice DCCD for the repairs. Procurement of the repair vendors has followed the City’s existing purchasing policies and procedures and are within the City Managers threshold. Repairs include but are not limited to plumbing, HVAC, Drywall, and Smoke Detectors.

An update of all final contract amounts will be provided upon completion.

Legal Review:

This report has been reviewed by the City Attorney’s office. 255
City of Palm Desert
Authorize City Manager to Award Library Contracts for Repairs and bill the DCCD for repairs

FINANCIAL IMPACT:

Funds in the amount $692,000 are currently budgeted in the Library’s Building Capital Project Account No. 4524136-4400100. The requested action is to appropriate an additional $35,222 from unobligated Library Capital Project Funds to the same account to facilitate these costs.

The funds will be reimbursed to this account by the DCCD upon completion.

Fund 452 Reno Under Contract Amount Total
Original Budget + $42,000 (5.09.24) additional amount extended $ 692,000.00

3.14.24 and 05.09.24 Approval for CM
Little Free Libraries $ 3,369.52
Java Connections (Laptop Kiosk) $ 56,265.97
Quality Office Furnishings $ 311,052.12
G/M Business Interiors $ 46,837.90
Quality Office (Custom) $ 37,947.40
CDW Laptops $ 30,285.29
Vector (Security Cameras) $ 50,689.88
Remaining for Other Items
Painting, Flooring, etc. (approx.) $ 155,551.92
This Request This request (Plumbing, drywall, HVAC $ 35,222.00 & smoke detectors - To be reimbursed
by DCCD)
New Total Budget $ 727,222.00
ATTACHMENTS:

1. Estimated Repair Costs Spreadsheet

2. DCCD Email Communication
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: June 27, 2024
PREPARED BY: Daniel Hurtado, Public Safety Analyst
REQUEST: RESOLUTION ADOPTING THE PALM DESERT LOCAL HAZARD

MITIGATION PLAN ANNEX FROM THE RIVERSIDE COUNTY

OPERATIONAL AREA MULTI-JURISDICTIONAL LOCAL HAZARD
MITIGATION PLAN.

RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM DESERT, CALIFORNIA, ADOPTING THE PALM DESERT LOCAL HAZARD

MITIGATION PLAN ANNEX FROM THE RIVERSIDE COUNTY OPERATIONAL AREA MULTI-JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN.”
BACKGROUND/ANALYSIS:

The City of Palm Desert is continuously working on maintaining a disaster-mitigation strategy.

The purpose of the City of Palm Desert Local Hazard Mitigation Plan (LHMP) is to identify the City's hazards, assess past disaster events, estimate the likelihood of future occurrences, and establish goals to reduce or eliminate risks to people and property from natural and man-made hazards.

The plan was prepared according to the requirements of the Disaster Mitigation Act of 2000 to achieve eligibility and potentially secure mitigation funding through the Federal Emergency Management Agency (FEMA) Flood Mitigation Assistance, Pre-Disaster Mitigation, and Hazard Mitigation Grant Programs.

Staff completed the plan in 2024 and forwarded it to the Riverside County Office of Emergency Services, which included it as part of the multi-jurisdictional LHMP submitted to the Department of Homeland Security (FEMA) for review. The multi-jurisdictional LHMP identifies vulnerabilities, provides recommendations for prioritized mitigation actions, evaluates resources, and provides future mitigation planning and maintenance of the existing plan. The plan will be implemented upon FEMA approval.

FEMA has conditionally approved the City of Palm Desert’s LHMP with no changes. However, to receive final federal approval, the City must formally adopt the LHMP. Staff recommend the adoption of this document to obtain federal approval.

Legal Review:

This report has been reviewed by the City Attorney’s office. 261
City of Palm Desert
(Resolution adopting the Palm Desert Local Hazard Mitigation Plan)

Strategic Plan:

This matter is related to the Public Safety and Emergency Services section of the Palm Desert Strategic Plan, especially under Priority 3; Help the Community become more prepared for disasters and public safety emergencies. The priority strategy is to expand the City’s current disaster preparedness efforts through increased education and public outreach. By having an adopted Local Hazard Mitigation Plan, the City can identify both natural and man-made hazards and better educate the public to prepare for them.

FINANCIAL IMPACT:

No fiscal impact is related to adopting this document. However, if the City does not have an LHMP in place it could jeopardize the award of any future pre/post-disaster financial assistance, including mitigation project grant funding.

ATTACHMENTS:

1. Resolution Adopting the City of Palm Desert Local Hazard Mitigation Plan

2. 2023-2027 Palm Desert Local Hazard Mitigation Plan

3. Amendment Riverside County Letter – Palm Desert Annex 262
RESOLUTION NO. 2024-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, ADOPTING THE PALM DESERT LOCAL

HAZARD MITIGATION PLAN ANNEX FROM THE RIVERSIDE COUNTY

OPERATIONAL AREA MULTI-JURISDICTIONAL LOCAL HAZARD

MITIGATION PLAN, AS REQUIRED BY THE FEDERAL DISASTER
MITIGATION AND COST RECOVERY ACT OF 2000.

WHEREAS, President William J. Clinton signed H.R.707, the Disaster Mitigation and Cost Reduction Act of 2000, into law on October 30, 2000; and WHEREAS, the Disaster Mitigation Act of 2000 requires all jurisdictions to be covered by a Local Hazard Mitigation Plan to be eligible for Federal Emergency Management Agency post-disaster funds; and
WHEREAS, the City of Palm Desert has committed to participate in the development of the Riverside County Operational Area Multi-Jurisdictional Local Hazard Mitigation Plan; and
WHEREAS, the City of Palm Desert coordinated the development of the City’s Local Hazard Mitigation Plan Annex; and
WHEREAS, the City of Palm Desert is concerned about mitigating potential losses from natural disasters before they occur; and
WHEREAS, the plan identifies potential hazards, potential losses, and potential mitigation measures to limit losses; and
WHEREAS, the California Governor’s Office of Emergency Services and the Federal Emergency Management Agency have reviewed the plan; and WHEREAS, formal adoption of the plan by the Palm Desert City Council is required before final approval of the plan can be obtained from the Federal Emergency Management Agency; and
WHEREAS, The City of Palm Desert has determined that it would be in the best interest of the City to adopt the Local Hazard Mitigation Plan Annex.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows:

SECTION 1. Incorporation of Recitals. The City Council finds and determines that the recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as though fully set forth herein.
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Resolution No. 2024-_______ Page 2
SECTION 2. That the City of Palm Desert hereby adopts the Local Hazard Mitigation Plan annex to meet the requirements of the Disaster Mitigation and Cost Reduction Act of 2000; and directs the City Manager to forward the Local Hazard Mitigation Plan Annex to the Riverside County Emergency Management Department, the California Governor’s Office of Emergency Services, and to the Federal Emergency Management Agency on behalf of the City of Palm Desert for final approval.

SECTION 3. Severability. If any section or provision of this Resolution is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Resolution shall remain valid. The City Council hereby declares that it would have adopted this Resolution, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

SECTION 4. Effective Date. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on this 27th day of June 2024.

KARINA QUINTANILLA, MAYOR
ATTEST:

ANTHONY J. MEJIA, CITY CLERK
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Resolution No. 2024-_______ Page 3
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 June 27, 2024, 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
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Resolution No. 2024-_______ Page 4
Exhibit “A”
City of Palm Desert Local Hazard Mitigation Plan
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1 LOCAL HAZARD MITIGATION PLAN
March 2024

CONTACT INFORMATION
CITY OF Palm Desert
Name: Daniel Hurtado
Title: Public Safety Analyst
Address: 73-510 Fred Waring Drive
City, State, and Zip: Palm Desert, CA 92260
Direct Contact: Daniel Hurtado
Phone: 760-776-6414
Email: [email protected]
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PLAN ADOPTION/RESOLUTION
The City of Palm Desert will submit plans to the Riverside County Emergency Management Department, which will forward to the California Governor’s Office of Emergency Services (CAL OES) for review before being submitted to the Federal Emergency Management Agency (FEMA). In addition, we will wait to receive an “Approval Pending Adoption” letter from FEMA before taking the plan to our local governing bodies for adoption.

Upon approval, the City of Palm Desert will insert the signed resolution. 269
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EXECUTIVE SUMMARY
This local hazard mitigation plan aims to identify the County’s hazards, review, and assess past disaster occurrences, estimate the probability of future events, and set goals to mitigate potential risks to reduce or eliminate long-term risks to people and property from natural and man-made hazards.

The plan was prepared pursuant to the Disaster Mitigation Act of 2000 requirements to achieve eligibility and potentially secure mitigation funding through Federal Emergency Management Agency (FEMA) Flood Mitigation Assistance, Pre-Disaster Mitigation, and Hazard Mitigation Grant Programs.

The City of Palm Desert’s continual efforts to maintain a disaster-mitigation strategy are ongoing.

Our goal is to develop and maintain an all-inclusive plan to include all jurisdictions, special districts, businesses, and community organizations to promote consistency, continuity, and unification.

The City’s planning process followed a methodology presented by FEMA and CAL-OES which included conducting meetings with the Operational Area Planning Committee (OAPC) coordinated by Riverside County Emergency Management Department (EMD) comprised of participating Federal, State, and local jurisdictions agencies, special districts, school districts, non-profit communities, universities, businesses, tribes, and the general public.

The plan identifies vulnerabilities, provides recommendations for prioritized mitigation actions, evaluates resources, identifies mitigation shortcomings, and provides future mitigation planning and maintenance of existing plan.

The plan will be implemented upon FEMA approval.
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Table of Contents

TABLE OF CONTENT
CONTACT INFORMATION.......................................................................................................................1 PLAN ADOPTION/RESOLUTION .............................................................................................................2 EXECUTIVE SUMMARY...........................................................................................................................3 TABLE OF CONTENT...............................................................................................................................4 SECTION 1.0 - COMMUNITY PROFILE ...................................................................................................5

1.1 GEOGRAPHY AND CLIMATE DESCRIPTION......................................................................6

1.2 BRIEF HISTORY ...................................................................................................................6

1.3 ECONOMY DESCRIPTION ...................................................................................................7

1.4 POPULATION AND HOUSING..............................................................................................7

1.5 DEVELOPMENT TRENDS AND LAND USE .........................................................................8 SECTION 2.0 - PLANNING PROCESS...................................................................................................11

2.1 LOCAL PLANNING PROCESS............................................................................................11

2.2 PARTICIPATION IN REGIONAL (OA) PLANNING PROCESS............................................11

2.3 DATES AVAILABLE FOR PUBLIC COMMENT ...................................................................12

2.4 PLANS ADOPTED BY RESOLUTION .................................................................................12 SECTION 3.0 – MITIGATION ACTIONS/UPDATES ...............................................................................12

3.1 NEW HAZARDS OR CHANGES FROM 2017 .....................................................................12

3.2 BRIEF STATEMENT OF UNIQUE HAZARDS .....................................................................12

3.3 VULNERABLE POPULATIONS...........................................................................................34

3.4 MITIGATION PROJECT UPDATES.....................................................................................36 Section 4.0 – HAZARD IMPACT AND RISK ASSESSMENTS ................................................................39

4.1 ESTIMATING POTENTIAL LOSS........................................................................................39

4.2 CRITICAL FACILITIES AND INFRASTRUCTURE...............................................................39

4.3 TABLE REPLACEMENT VALUES.......................................................................................39 SECTION 5.0 – COMMUNITY RATING SYSTEM...................................................................................40

5.1 REPETITIVE LOSS PROPERTIES......................................................................................40

5.2 NATIONAL FLOOD INSURANCE PROPERTIES ................................................................40 SECTION 6.0 - CAPABILITIES ASSESSMENT ......................................................................................41

6.1 REGULATORY MITIGATION CAPABILITIES......................................................................41

6.2 ADMINISTRATIVE/TECHNICAL MITIGATION CAPABILITIES............................................46

6.3 FISCAL MITIGATION CAPABILITIES..................................................................................47

6.4 MITIGATION OUTREACH AND PARTNERSHIPS ..............................................................47

6.5 FUNDING OPPORTUNITIES...............................................................................................49 SECTION 7.0 - MITIGATION STRATEGIES...........................................................................................51

7.1 MITIGATION GOALS AND OBJECTIVES ...........................................................................51

7.2 MITIGATION ACTIONS .......................................................................................................52

7.3 ON-GOING MITIGATION STRATEGY PROGRAMS...........................................................55

7.4 FUTURE MITIGATION.........................................................................................................59 SECTION 8.0 - PLAN IMPLEMENTATION AND MAINTENANCE PROCESS........................................60 SECTION 9.0 - INCORPORATION INTO EXISTING PLANNING MECHANISMS ..................................61 SECTION 10.0 - CONTINUED PUBLIC INVOLVEMENT........................................................................62 APPENDIX A – PUBLIC NOTICES AND MAPS......................................................................................63 271
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SECTION 1.0 - COMMUNITY PROFILE
Figure 1- Palm Desert City Map 2024
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1.1 GEOGRAPHY AND CLIMATE DESCRIPTION
The City of Palm Desert is a charter city in Riverside County. The City of Palm Desert is a business, resort, and residential community centrally located in the heart of the Coachella Valley, in southeastern Riverside County, California. The City is located 125 miles east of Los Angeles and just 15 miles east of Palm Springs. The valley is flanked on three sides by the Little San Bernardino, Santa Rosa, and San Jacinto Mountains. The protection afforded by the mountains contributes to the arid climate. The average rainfall per year is less than four inches in total. Low temperatures rarely drop below freezing, while highs during the summer are usually in the triple digits and can reach 108-120 degrees Fahrenheit; with occasional periods of high humidity in the late summer months. Visitors from colder climates flock to the Palm Desert and surrounding cities in the Coachella Valley from November to May because of our extremely mild winters. Palm Desert’s climate can be described as a lower California desert.

Figure 1.1 - Climate Data Chart for the City of Palm Desert (2019) Source: National Centers for Environmental Information (NOAA)

1.2 BRIEF HISTORY
The City of Palm Desert was incorporated as a charter city on November 26, 1973. It has a “Council-Manager” charter city form of government where the City Manager is appointed by the City Council and is the Chief Executive Officer of the Municipal Corporation. The Council acts as the board of directors of the municipal corporation and meets in a public forum where citizens 273
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may participate in the governmental process. The City Council consists of five members elected at large, on a non-partisan basis.

1.3 ECONOMY DESCRIPTION
The City of Palm Desert is located near the center of the Coachella Valley, a geographical and economic area comprised of nine cities. Palm Desert relies heavily on sales tax and transient occupancy taxes to support most of its financial needs, and tourism is vital in supporting the local economy and government services. Sales tax is assessed on all purchases of merchandise (tangible personal property) and the City receives one percent of the sales tax collected. A collection of retail centers as well as the upscale shopping destination, El Paseo, bolster sales tax collection and help support City services. Transient occupancy taxes are collected from visitors staying in local accommodations, such as hotels, short-term rentals, or other lodging for less than 28 days. An abundance of premium golf courses, along with regional festivals and events, draw visitors to Palm Desert to shop, stay, and explore.

Palm Desert also supports the arts and education as valuable economic drivers and sources of community vibrancy. Throughout the City is a robust public art program, as well as the McCallum Theatre for the Performing Arts and the Living Desert Zoo and Gardens. Additionally, the Palm Desert is home to the main campus of the Coachella Valley’s local community college, College of the Desert, and satellite campuses for California State University, San Bernardino, and University of California, Riverside.

1.4 POPULATION AND HOUSING
Population: 51,163 (2020 United Census Bureau)
The 2020 Census showed that the total population of Palm Desert increased by 2,718 people since its last 2010 survey.
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Housing: In 2021, 65.6% of the housing units in Palm Desert, CA were occupied by their owner. This percentage grew from the previous year's rate of 64.6%.

1.5 DEVELOPMENT TRENDS AND LAND USE
The City of Palm Desert is in the center of the Coachella Valley, which is in the geographic center of Riverside County. The city is bordered by Rancho Mirage to the west and Indian Wells to the south and east, and the unincorporated community of Bermuda Dunes to the east. The existing city limits generally extend southward from Interstate 10, past Highway 111 and along Highway 74 to the foot of the Santa Rosa Mountains between Monterey Avenue and Washington Street.

The City’s Sphere of Influence (SOI) encompasses areas to the north and south of the city, including portions of the Santa Rosa Mountains south of the city limits and the unincorporated communities of Bermuda Dunes to the east, and Sun City Palm Desert north of Interstate 10.

Figure 2.1 depicts the Palm Desert City Limits, SOI, and location relative to other nearby cities or communities.

The General Plan area covers 44,533 acres, or 69.9 square miles. The City’s corporate boundaries include 17,256 acres, while 27,277 acres, or 42.6 square miles, constitute the City’s sphere of influence. Within the city, there are approximately 2,700 acres of undeveloped land, much of which is in the northern portion of the city.

The City currently offers a wide range of housing opportunities, from rental apartments to multimillion-dollar estates. Like many California communities, much of Palm Desert’s housing was constructed in a suburban context in which value is in part derived from the separation and isolation of neighborhoods from the rest of the city. This trend is most striking when viewing a map of the city’s gated communities and has likely contributed to Palm Desert’s success at attracting seasonal residents.

During the last General Plan cycle, the city initiated the development of the California State University and University of California campuses, expanding the city’s educational opportunities.

This move presents great educational, economic, and overall quality of life offerings. However, to fully capitalize on the opportunity, the city will need to make sure it appropriately plans for enough 275
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land in the vicinity of the universities to accommodate new students, faculty, and university supportive businesses. Additionally, it will be very important for the city to ensure that all new development in the area is interconnected to form a cohesive university area.

Palm Desert has also concluded that the development of the Highway 111 corridor area into a downtown presents an important opportunity for maintaining and improving the City’s position as a premier destination for tourists, visitors, and shoppers. The City’s strategy is to focus on retail business retention and the redevelopment of underutilized commercial areas to protect and grow Palm Desert’s market position. The City’s strategy also includes transitioning the Highway 111 corridor into a walkable City Center district where visitors and residents alike can employ a “park once” approach. In part, this approach is based on leveraging the success of the walkable “Main Street” form and character of El Paseo. The city is also responding to strong market and demographic trends, driven by the Baby Boomer and Millennial generations, exhibiting strong demand for walkable, connected places over isolated, automobile-oriented places. As such, this General Plan contains strategies that emphasize the connectivity between housing, jobs, and services as well as the City’s desire to enhance resident mobility through high-quality transit and transit-supportive development. In sum, this strategy aims to create a true downtown, enhancing the city’s identity, quality of life, and economic competitiveness.

As the city continues to grow, infill development will be a critical land use strategy. This strategy will allow the city to continue to grow and allow the city to continue to protect and preserve its hillsides and natural environment. These amenities create the striking natural beauty that is at the heart of Palm Desert’s identity. All development that took place in the past few years was in compliance with local land use, building codes, zoning, and environmental requirements, as well as applicable state and federal regulations. There have been no changes to the community’s vulnerability.
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Figure 1.3- Land Use Designations from General Plan (2019) 277
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SECTION 2.0 - PLANNING PROCESS

2.1 LOCAL PLANNING PROCESS
Representatives from various City departments were contacted to determine if any projects or activities were necessary in mitigating the identified hazards to Palm Desert. Each representative was invited to participate in the planning process and to attend meetings via email. The City of Palm Desert General Plan also contains an Environmental Hazards Chapter that outlines various hazards and mitigation steps, which includes a goal, policies, and programs regarding the identified environmental hazards. The General Plan also includes a Safety Element which addresses a broad range of issues and hazards that affect the community.

The following members from these departments formed the LHMP planning team for the City of Palm Desert: Planning Department (Planning Director), Rosie Lua Human Resources (Human Resources Manager), Andrea Staehle, Building and Safety (Building Inspector), Jeremy Frey Sr.

Public Works (Director), Martin Alvarez
The city planning team met and worked collectively to ensure the necessary components of the plan were reviewed and updated accordingly. Below is a list of meeting dates the planning team met:

September 20th, 2022
November 2nd, 2022

2.2 PARTICIPATION IN REGIONAL (OA) PLANNING PROCESS
The City of Palm Desert participated in the MJLHMP planning process with the Riverside County Operational Area by attending LHMP meetings and public hearings.

The City of Palm Desert participated in various Riverside County conferences, and meetings, including:

April 13th, 2022, MJLHMP/LHMP Steering Committee
June 15th, 2022, Multi-Jurisdictional Local Hazard Mitigation Plan Kick-Off Meeting July 3rd, 2022, MJLHMP/LHMP Steering Committee
August 17th, 2022, LHMP Jurisdiction Workshop
October 5th, 2022, MJLHMP/LHMP Steering Committee
October 20th, 2022, Local Hazard Mitigation Planning Risk Assessment 278
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November 2nd, 2022, LHMP Planning Meeting with cooperating agencies Riverside County Fire and Riverside County Sheriff’s Department
January 4th, 2023, MJLHMP/LHMP Steering Committee

2.3 DATES AVAILABLE FOR PUBLIC COMMENT
September 7th, 2022 - Public comment during National Preparedness Month community outreach. Sign-in sheet is included in Appendix A.

Posted on City Website between December 28, 2023 – January 18, 2023, for public input. No comments were made during this opportunity. A screenshot of the website is included in Appendix A.

2.4 PLANS ADOPTED BY RESOLUTION
The City of Palm Desert will present the LHMP Annex to the City Council to adopt at a public meeting, via an official Resolution upon FEMA approval.

SECTION 3.0 – MITIGATION ACTIONS/UPDATES

3.1 NEW HAZARDS OR CHANGES FROM 2017
The City of Palm Desert planning team has reviewed the hazards that affect the City and summarized their frequency of occurrence, spatial extent, potential magnitude, and significance specific to Palm Desert and has concluded that there are no changes to the hazard priority or hazard profile or additional hazards.

3.2 BRIEF STATEMENT OF UNIQUE HAZARDS
The most prominent hazards faced by residents of Palm Desert are Earthquakes, Drought, Flooding, Wildland- Urban Interface Fires, and Extreme Heat A long-term power outage in summer could produce life-threatening extreme heat conditions for residents without access to air conditioning. In addition, the proximity of Interstate 10 and the Union Pacific Railroad increases the risk of hazardous materials transportation spills or releases during any of these natural disasters listed. The City of Palm Desert could also be impacted by terrorism or bioterrorism.

3.3 IDENTIFICATION OF RISKS AND VULNERABILITIES
The City of Palm Desert strives to maintain a high level of safety and to respect the natural setting of the community while meeting the needs of residents, a thriving economy, and critical government functions. The city conducted a safety element plan incorporated into the general plan. This element identifies priority public safety element issues in Palm Desert and addresses 279
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potential hazards to people and property. Issues in this element include both natural and humancaused hazards.

The Safety Element is consistent with and supports the other General Plan elements. The elements of the General Plan that most closely correlate to the Safety Element are the Land Use and Community Character Element, Public Utilities Element, Mobility Element, Housing Element, and Environmental Resources Element. While the Safety Element has a less direct relationship with the remaining General Plan elements, each element is important and collectively supports a comprehensive framework for Palm Desert’s future.

Hazard Screening and Prioritization
Following the identification of hazards, the Planning Team went through a process to prioritize (screen) the hazards to determine which hazards created the most significant concern in the community. The Planning Team utilized a ranking implemented during this update to the City of Palm Desert LHMP. This process consists of generating a qualitative scale, Very High, High, Medium, or Low rating for 1) Probability and 2) Severity from each hazard. As part of this process, the following criteria (definitions) were applied:
❖ Geographic Extent
o Extreme: 50-100 percent of the planning area
o Extensive: 25-5 percent of the Planning area
o Significant: 10-25 percent of the planning area
o Limited: less than 10 percent of the planning area
❖ Probability
o Very Likely: Near 100% chance of it happening. There have been Historic Occurrences of the Hazard in the community or region, and experts concluded it is highly likely that the hazard will occur in the community. Citizens feel that there is a likelihood of occurrence. o Likely: Between 10 and 100 percent chance of happening in the next year. There may or may not have been historical occurrences of the hazard in the community or region, but experts concluded that it is likely that the hazard will occur in the community. Citizens feel that there is a likelihood of occurrence.
o Occasional: Between 1 and 10 percent chance of happening within the next year or has a recurrence interval of 11 to 100 years. There may or may not have been a historical occurrence of the hazard in the community or region, but experts concluded that it is possible that the hazard could occur in the community. Citizens may feel that there is a likelihood of occurrence. o Unlikely: Less than 1 percent chance of happening or having a recurrence interval of greater than every 100 years. There have been no historical occurrences of the hazard in the community or region and both experts and citizens agree that it is highly unlikely that the hazard will occur in the community.
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❖ Severity
o Catastrophic: Both experts and citizens have concluded that the consequences will be significant in terms of building damage and loss of life. More than 50 percent of Property severely damaged, shutdown of facilities for more than 30 days; and/or multiple deaths. o Critical: Consequences are thought to be significant in terms of building damage and loss of life. 25-50 percent of property severely damaged; shutdown of facilities for at least two weeks; and/or injuries/illnesses result in permanent disability. o Limited, but not insignificant: Consequences are thought to be modest in terms of building damage and loss of life, limited either in geographic extent or magnitude. 10-25 percent of property severely damaged; shutdown of facilities for more than a week; and/or injuries/illnesses treatable do not result in permanent damage.
o Negligible: Consequences are thought to be minimal in terms of building damage and loss of life, limited either in geographic extent or magnitude. Less than 10 percent of the property Severely damaged, shutdown of facilities and services for less than 24 hours; and/or injuries/illnesses treatable with first aid.
❖ Risk
o High: Widespread potential impact
o Medium: Moderate potential impact
o Low: minimal potential impact
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Figure 3.1- City of Palm Desert Hazard Risk Matrix
The top hazards were identified for inclusion in the City of Palm Desert’s LHMP Update:
 Drought
 Wind
 Flooding
 Extreme Heat
 Earthquake
 Wildfire
 Human-Caused & Other Hazards

1. Drought
Probability – Medium
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Impact- High
All of the City of Palm Desert is subject to moderate to severe drought conditions as the Coachella Valley is considered to be an extension of the Sonoran Desert. The Coachella Valley Water District is the water purveyor for the City. CVWD will be contacted in the event of a water line break. The City is prohibited from touching the water distribution system for liability reasons.

The City of Palm Desert is at Very High Risk for Drought. In the Coachella Valley, the water comes from a vast underground aquifer that has been in a state of overdraft since the 1980s. Over time, the Drought risk has significantly decreased due to rain and the mitigation actions taken by the Coachella Valley Water District (CVWD) and the Coachella Valley. However, because drought is difficult to define, predict, and monitor, the entire planning area’s population is at risk for Drought.

Likelihood of occurrence: Occasional
Between 1 and 10 percent chance of happening within the next year or has a recurrence interval of 11 to 100 years. With higher air temperatures, water losses could increase across the Coachella Valley Region, leading to increased evaporation in water bodies that would typically allow groundwater recharge. On average, Coachella Valley water users pump nearly three times more water out of the aquifer than is returned by natural and artificial replenishment.

In an effort to conserve water, the City has adopted the CVWD Model Water Efficient Landscape Ordinance (as amended) which establishes a water budget that requires native and droughttolerant species for all new and substantial remodel projects. The City Council intends to promote water conservation through the planning, design, installation, and maintenance of landscapes by the use of climate-appropriate plant material and efficient irrigation as well as to create a Palm Desert landscape theme by enhancing and improving the physical and natural environment.

Figure 3.2 - Palm Desert Drought Hazard (2023)
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Figure 3.3 History of Drought in Riverside County (2023)  Vulnerability
Nearly all the water that is used in the Coachella Valley comes from a groundwater basin, or aquifer under the ground's surface. This aquifer is estimated to have a capacity of about 39 million acre-feet of water. Drought can have far-reaching impacts on public health, including decreased water quality and quantity, increased incidence of illness and disease, increased mortality rates, and adverse mental health outcomes.

Other possible impacts include recreational risks; effects on air quality; diminished living conditions related to energy, air quality, and hygiene; compromised food and nutrition; and increased incidence of illness and disease (Centers for Disease Control and Prevention).

Droughts can also lead to reduced local firefighting capabilities. Fire services for the City of Palm Desert are provided through a cooperative agreement with the State of California (CalFire) and the County of Riverside. Cal-Fire/Riverside County Fire Department is an all-risk, full-service fire department and has three fire stations located strategically throughout the City of Palm Desert which provide highly effective protection.

The economic impact will be largely associated with industries that use water or depend on water for their business. For example, landscaping businesses were affected by the droughts of the past, as the demand for service significantly declined because landscaping was not watered. There are 37 golf courses in Palm Desert, California, including 13 public, 3 municipal, and 21 private courses. Closures of these facilities will have a huge impact on the economy since golf generates nearly $1.1 billion in overall economic activity, thousands of jobs, and roughly $83.3 million in state and local taxes. The golf industry’s direct employment amounts to 7.3% of total employment in the Coachella Valley, or about half the share of leisure and 284
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hospitality (15.0%) and nearly double that of financial activities (4.0%). Total business sales generated directly by golf account for 11.4% of all taxable sales in the Coachella Valley, while direct golf-related retail sales represent 3.0% of taxable retail sales in the region. Further, state and local tax revenues generated by golf in the Coachella Valley make up about 9.7% of the total state and local tax impact of travel in California’s Riverside and San Bernardino Counties.

No structures will be directly affected by drought conditions, though some structures may become vulnerable to fires, which are more likely following years of drought. Droughts can also have significant impacts on landscapes, which could cause a financial burden to property owners. However, these impacts are not considered critical in planning for impacts from the drought hazard.

Critical facilities as defined for this plan will continue to be operational during a drought. Critical facility elements such as landscaping may not be maintained due to limited resources, but the risk to the planning area’s critical facilities inventory will be largely aesthetic. For example, when water conservation measures are in place, landscaped areas will not be watered and may die. These aesthetic impacts are not considered significant.

2. Earthquake
Probability – Medium
Impact – High
Palm Desert is in a region bordered by mountain ranges on three sides. According to the state mapping of fault zones, under the Alquist-Priolo Earthquake Fault Zoning Act of 1972 (Public Resources Code Sections 2621–2630), the city and the sphere of influence (SOI) are not located in an active fault zone. Nonetheless, the area is bordered by three active faults. The closest fault to the community is the San Andreas Fault, located approximately four miles to the north. Other nearby faults include the San Jacinto Fault, located approximately 10 miles to the southwest, and the Elsinore Fault, located approximately 30 miles to the southwest.

Fault rupture is a primary seismic hazard that describes the sudden release of energy that results from the sliding of one part of the earth’s crust past another. An earthquake, or ground shaking, is another type of primary seismic hazard. Thousands of earthquakes occur frequently in Southern California each year, although most do not cause significant damage or affect communities. The most recent earthquake in the Coachella Valley occurred on October 16, 1999, and registered as a magnitude (M) of 7.1. Relatively negligible damage was reported from the earthquake because of the epicenter’s remote location. Six major seismic events (magnitude 5.9 or greater) have been recorded in the Coachella Valley region in the past 100 years, with none occurring in Palm Desert.

Although no active faults run through the community, Palm Desert’s soils and geologic characteristics result in other potential secondary seismic hazards. Due to a combination of steep slopes, unstable terrain, and proximity to earthquake faults, the southwestern portions of the city and the SOI are susceptible to landslide risks ranging from moderate to very high. Areas susceptible to landslides are shown. Susceptible areas include those identified in the Land Use 285
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and Community Character Element for development of new buildings and structures. As of 2015, no recent landslides had been reported in Palm Desert or the SOI.

Palm Desert shares many of the hazards associated with earthquake faults in Southern California.

There are three major faults and several minor faults that could impact the City of Palm Desert.

The major faults include the San Andreas near San Gorgonio Pass, the Palm Desert Fault, and the Elsinore Fault. Each of these has the potential of generating a significant earthquake which would impact the City of Palm Desert.

Likelihood of occurrence: Very Likely
Near 100% chance of it happening every year. Third Uniform California Earthquake Rupture Forecast (UCERF3) concurs with previous studies that consider the Southern San Andreas Fault the most likely to host a large earthquake. Compared to UCERF2, the likelihood of M≥6.7 earthquakes on the San Jacinto Fault decreases three-fold in UCERF3 but is balanced by an equivalent increase in the likelihood of M≥8 earthquakes on that fault.

Table 1 - Average time between earthquakes in the various regions together with the likelihood of having one or more such earthquakes in the next 30 years (starting from 2014).

Values listed in parentheses indicate the factor by which the rates and likelihoods have increased, or decreased, since the previous model (UCERF2). “Readiness” indicates the factor by which likelihoods are currently elevated, or lower, because of the length of time since the most recent large earthquakes. These values include aftershocks. It is important to note that actual repeat times will exhibit a high degree of variability and will almost never exactly equal the average listed here. (USGS)
The Risk Index rating is Very High for Riverside County, CA when compared to the rest of the U.S. 286
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Figure 3.4 – Palm Desert Risk Index
❖ History
 Vulnerability
The impact of earthquakes can potentially affect the entire population directly or indirectly. The degree of exposure depends on various factors such as the type and age of the building people reside in, the intensity of the earthquake, etc. Such impacts could lead to business closures, road closures, which may isolate the population, and critical facilities and utilities may also lose their function. During an earthquake, hazardous materials carried by trains or trucks might spill or release due to crashes or derailments, which can negatively impact public health.

Earthquakes can have devastating impacts on the economy at both the local and regional levels.

Palm Desert has consistently had the highest amount of annual retail sales within the nine cities of the Coachella Valley, achieving an average of 25% of the Valley’s sales with $1.7 billion in sales in 2012. Palm Desert retail sales have increased by $248.9 million, or 17%, during the last five years. The losses incurred can include structural and non-structural damage to buildings, loss of business function, damage to inventory, relocation costs, wage loss, and rental loss caused by the repair and replacement of buildings. Infrastructure such as roads and freeways that run through earthquake-prone soils are also at risk of significant damage, which can impact commodity flows. Access to major roads is essential for response and recovery operations as well 287
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as for ensuring the safety of people after a disaster event. Average Daily Traffic Count at sample intersections I-10 and Monterey Avenue was 41,000 cars, I-10 and Cook Street having 107,000 westbound; and 105,000 eastbound. Downtown Highway 111 sees 31,000 westbound; and 35,000 eastbound. Additionally, the water and sewer infrastructure are likely to suffer significant damage in the event of an earthquake.

Our higher educational institutions of UC Riverside at Palm Desert, California State University San Bernardino Palm Desert Campus, and College of the Desert would be at risk during an earthquake. The number of students can vary at any time, but recent statistics show that the College of the Desert has an enrollment of 10,229 students with California State University San Bernardino Palm Desert Campus having 12% of the 18,510 students taking at least 1 unit at the Palm Desert Campus.

Earthquakes can cause severe and far-reaching environmental damage. One of the potential hazards is the release of hazardous materials from fixed facilities or during transportation incidents. Such materials could leak from ruptured structures and contaminate the surrounding area or nearby waterways, leading to catastrophic consequences for the environment.

3. Flood
Probability – Medium
Impact – High
Flooding hazards in Palm Desert can result from stormwater flows and flash runoff from the Indio Hills and the foothills of the San Jacinto and San Bernardino Mountains. The threat of localized flash flooding is especially high during summer storms due to the high intensity and shorter duration of rainfall. The arid landscape has low absorption rates, causing water to rapidly accumulate and result in sudden and destructive flash floods, endangering lives, property, and infrastructure. The City's Floodplain Management Ordinance specifies construction standards for all areas of flood hazards. All new construction and improvements must be constructed using methods and practices that minimize flood damage and provide adequate drainage. City development permits are required for all new construction and improvements within areas of flood hazard. Applications for development in Special Flood Hazard Areas (SFHAs) are subject to Palm Desert Municipal Code Title 28, Flood Damage Prevention.

The standard measure for flooding is the "100-year flood", a benchmark used by the FEMA to establish a standard of flood control in communities throughout the country. The 100-year flood is also referred to as the "regulatory" or "base" flood. The term 100-year flood is often incorrectly used and can be misleading. The correct designation is “the 1% annual chance flood”, meaning there is a 1% chance that a flood of that intensity and elevation will occur in any given year, not that the flood will occur once every hundred years.

Likelihood of occurrence: Very Likely
Near a 100% chance of it happening every year. The 100-year Flood map of the City of Palm Desert is shown in Below. As defined by FEMA, the darker shades of purple indicate a 1% annual chance of flooding, while lighter shades of purple indicate a 0.2% annual chance of flooding. 288
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Climate change acts as an amplifier to flood hazards. Extreme weather events have become more frequent over the past 40 to 50 years, and this trend is projected to continue. Rising sea levels and shifting weather patterns (temperate, winds) are expected to have a significant impact on rainfall frequency, intensity, and distribution, which in turn will have a significant impact on the frequency of flood occurrences. Additionally, warmer weather patterns increase snowmelt, producing more runoff to the lower elevations.

Figure 3.5 - Palm Desert Flood Zone Hazard Map (2024)
❖ History
Palm Desert has a history of flood events. Recent regional occurrences include the Riverside County floods in 1998 that resulted in reported damage of over $12 million. Locally, smaller flood incidents have also occurred in Palm Desert. Previous local events in Palm Desert include flash floods that occurred in 1998, in addition to flooding from Tropical Storm Kathleen in 1976 that caused extensive flood damage throughout the city (Riverside County 2012, City of Palm Desert 2012). Nonetheless, reported damages from these flood events in Palm Desert are low and far less extensive than the reported damages from the countywide floods of 1998. ❖ Vulnerability
Floodwater can contain harmful substances like bacteria and chemicals. When there's a flood, the sewer systems can overflow, which leads to sewage in the floodwater. People who walk or play in floodwater can get sick, injured, or infected. The floodwater can also contaminate drinking water sources, which can cause waterborne diseases. Stagnant pools of water and wet 289
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soil can increase the number of mosquito-borne diseases, such as malaria, dengue, and West Nile fever. Mold can grow in flooded buildings within 24 to 48 hours, which can affect people with asthma, allergies, or breathing problems. During floods, trains or trucks carrying hazardous materials can crash or derail and release hazardous substances, which can harm people's health. Buildings like factories or industrial facilities can also release hazardous materials when they're flooded.

Structures that are exposed to flooding, including critical facilities, can suffer severe damage.

Floodwater can lead to the loss, damage, or destruction of building contents, and can also compromise the structures themselves. The pressure from floodwater, particularly as it seeps through soil, can cause harm to building foundations. During floods, water may batter structures or erode soil, which can undermine building foundations. After a flood, wooden structures may begin to rot. Mold is a common issue in structures that have been inundated by floodwaters, and it can grow within 24 to 48 hours after a flood. Mold can be expensive to treat safely and properly, and it presents serious public health risks if left untreated.

Flooding can cause significant damage to infrastructure, including bridges, roads, stormwater systems, water/sewer/gas lines, and electrical systems. During the most recent tropical storm Hilary we experienced our major streets being affected by road closures. This affected the thousands of drivers needing access to homes, work, and especially all of our first responder personnel.

The Palm Desert Police Department Station is key to the City which handles over 47,600 calls for service each year. The Palm Desert Police Contract consists of 80 sworn deputy sheriff's positions. The current sworn officer per 1,000 resident’s ratio is 1.56. 36 of the 80 positions are dedicated to the patrol division with the remaining deputies dedicated to special assignments such as the Traffic Division, Special Enforcement Team, Motorcycle Enforcement Unit, K-9 Officer, Business District Team, School Resource Officers, the Coachella Valley Violent Crime Gang Task Force and Narcotics Enforcement. During a hazardous event, this will have a severe impact on the Cities response time with an average of 6 minutes for priority one calls.

Levees can lower the risk of flooding incidents, but they cannot completely eliminate it. Even if the levee is constructed and maintained perfectly, there is always a chance that a flood may surpass its ability to hold back the water. Moreover, if a levee is not adequately maintained or if it is overwhelmed by a flood that goes beyond its engineering capacity, it can fail, resulting in floodwater flowing underneath or directly through the levee. When levees are overrun or fail, the resulting floods can be catastrophic.

4. Extreme Heat
Probability – High
Impact – High
The City of Palm Desert is known for its desert climate, and extreme heat is a significant hazard.

The climate in Palm Desert is hot and arid. Exposure to extreme heat or extended periods of high temperatures results in a variety of health effects, including increased heat-related mortality (Chestnut et al. 1998; Medina-Ramon et al. 2006). Due to a changing climate, Palm Desert is 290
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anticipated to experience increasing levels of heat. By 2100, the Riverside County region is anticipated to experience an increase ranging from 4.3°F to 8.7°F (Scripps Institution of Oceanography 2018).

Similarly, Palm Desert is anticipated to experience an increase in the number of days when the temperature exceeds 112.1°F, the local threshold for extreme heat. While Palm Desert’s historic number of extreme heat days through 2011 was four occurrences per year, by 2050 the number of extreme heat days could increase to 56 per year, on an average of 21 to 25 (Scripps Institution of Oceanography 2009 & 2018). Increased heat, when combined with drought and high winds, can exacerbate wildfire risk in and around Palm Desert, especially for vulnerable populations such as the unhoused, elderly, and those with chronic health conditions. Heatwaves can also lead to increased demand for energy and strain on the power grid. Palm Desert’s summer temperatures reach over 120°F for four months of the year and have an average temperature of over 100°F.

Heat waves do not strike victims immediately, but rather their cumulative effects slowly take the lives of vulnerable populations. Heat waves do not generally cause damage or elicit an immediate response to floods, fires, earthquakes, or other more “typical” disaster scenarios. While heat waves are less dramatic, they are potentially deadlier.

Likelihood of occurrence: Very Likely
Near a 100% chance of it happening every year. In any given year, Palm Desert could experience extreme heat events. Heat emergencies are often slower to develop, taking several days of continuous, oppressive heat before a significant or quantifiable impact is seen. According to information provided by FEMA, extreme heat is defined as temperatures that hover 100 degrees or more above the average high temperature for the region and last for several weeks. Heat kills by taxing the human body beyond its abilities. In a normal year, about 175 Americans succumb to the demands of summer heat. In the 40 years from 1936 through 1975, nearly 20,000 people were killed in the United States by the effects of heat and solar radiation. In the heat wave of 1980, more than 1,250 people died.
❖ History
The City of Palm Desert experiences extreme temperatures on an annual basis. Some of the events require the City to act, including disseminating Public Service Announcements, checking in with vulnerable populations (elderly, homeless), and opening and/or coordinating with others to open cooling centers.

The heat index is a measure of how hot it feels when relative humidity is factored in with the actual air temperature.
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Figure 3.6 – Heat Index
Figure 3.7 - NWS Monthly Summarized Data for Max Temperature 2018-2023 ❖ Vulnerability
It's crucial to understand that certain groups of people are at a higher risk of experiencing the negative effects of extreme heat events. These groups include individuals with physical or mobility constraints, cognitive impairments, economic constraints, and social isolation. Among these groups, the elderly, young children, low-income individuals, people with life-threatening illnesses, and those who are overweight are particularly vulnerable.

Additionally, power outages can be life-threatening for those who rely on electricity for life support.

Moreover, outdoor enthusiasts and recreational users may also be more susceptible to adverse weather conditions. It is essential to take extra precautions and stay informed to protect these populations during times of excessive heat and strong wind events. 292
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Power outages will disrupt communications. Our key utilities like water will be affected as well as transportation. This will disrupt our economy due to closed retail businesses, grocery stores, gas stations, ATMs, banks, and other services. A percentage of the population will have food spoilage and water contamination with no power for an extended period.

5. Strong Wind Events
Probability – High
Impact – High
Palm Desert experiences strong winds, particularly during the spring months. High winds can cause damage to buildings, infrastructure, and utilities, leading to power outages and potential safety hazards. Additionally, gusty winds can exacerbate wildfires and increase their speed and intensity.

The Coachella Valley is also susceptible to Microbursts; strong, damaging winds strike the ground and often give the impression that a tornado has struck. They frequently occur during intense thunderstorms. An intense microburst can result in damaging winds near 170 miles per hour and often lasts for less than five minutes. There are two (2) types of microburst windstorms: dry and wet. The most significant hazard associated with winds is an increased fire danger, but winds can also cause downed trees and power lines and property damage, as well as potentially hazardous conditions for travelers, RV’s, semi-trailers, and aircraft Dust Storms: The City's desert environment makes it prone to dust storms, especially during periods of dryness and when high winds coincide. Dust storms can significantly reduce visibility, posing risks for motorists and outdoor activities. In addition to the immediate safety concerns, dust storms can also have negative impacts on air quality and public health. The combination of high winds and sandy, sparsely vegetated soils characteristic of desert areas can create blow sand hazards. The City's Municipal Code (Chapter 24.12) requires that an applicant for a grading or demolition permit must first obtain an approved Fugitive Dust Mitigation Plan. This plan must include all reasonably available control measures so that fugitive dust emissions comply with South Coast Air Quality Management District Rule 403. Control measures at a construction or demolition site can include the use of soil stabilizers or watering. Erection of wind fences, covering soil stockpiles, and revegetation of disturbed surfaces.

Likelihood of occurrence: Very Likely
Near 100% chance of wind events occurring every year in the City of Palm Desert. These events can happen at any time during the year, but they are more common during the autumn and winter months. Wind can suddenly pick up speed, making it unpredictable and potentially dangerous. ❖ History
The City of Palm Desert has experienced significant wind events. 293
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Figure 3.8 - History of Max Wind Speed in the Coachella Valley Figure 3.9 - Wind Erosion Hazard Map
 Vulnerability
According to the Environmental Protection Agency (EPA), some people are more vulnerable to the negative effects of extreme wind or heat events. These include individuals who have physical or mobility constraints, cognitive impairments, economic difficulties, and social isolation. Examples of such people are the elderly, young children, low-income individuals, people with life-threatening illnesses, and those who are overweight. Power outages can be life-threatening for those who rely on electricity for life support. Furthermore, outdoor recreational users could also be at risk during severe wind events.

All property is vulnerable to adverse weather, but structures in poor condition or vulnerable locations may risk the most damage. Homes near mature trees or overhead power lines may be more susceptible to wind damage and blackouts.
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Palm Desert takes pride in its parks and constantly works to improve its recreational facilities.

The Parks and Recreation Department's highest priority is to meet the City’s goal of advancing the quality of life in Palm Desert’s neighborhoods by delivering consistent services, maintaining the safety and appearance of city parks and recreation facilities, and inspiring community pride. During severe wind events, we have seen the disruption and damage caused to facilities and park closure.

The Family YMCA of the Desert and Desert Recreation District each works with the City of Palm Desert to provide a wide variety of programs to the community. The Community Gardens are open to all Palm Desert residents and business owners, whether they are novices or master gardeners. Palm Desert’s Community Gardens provide residents with an opportunity to learn the joys and benefits of gardening. They are a place to share gardening experiences, make new friends, gather advice, and learn. The severe weather causes disruptions to programs due to park closure, damaged facilities, and the need to conduct repairs. For more than 70 years, Desert Recreation District (the district) has played a key role in enriching the quality of life for residents and visitors through the recreational services offered in the Greater Coachella Valley. They cover 1,800 square miles and provide recreational services to approximately 300,000 residents, in part by working with municipalities in a collective effort to assure equitable service delivery to every community. The Family YMCA of the Desert is the largest provider of licensed childcare in the Coachella Valley in addition to providing many opportunities in youth and family programming. The community relies on these services to continue as normal and we have seen the impact when weather has a disruption to services.

Incapacity and loss of roads are the primary transportation failures resulting from adverse weather, mostly associated with secondary impacts. High winds can cause significant damage to trees and power lines, blocking roads with debris, incapacitating transportation, and disrupting ingress and egress.

The vulnerability of the environment to adverse weather is the same as the exposure.

6. Wildfire
Probability – Medium
Impact – High
Wildfire hazards are highest in areas of the community near the wildland-urban interface (WUI).

The WUI refers to areas where development abuts areas of wilderness or landscapes with higher fuel loads. Although Palm Desert does not have a record of any reported fire incidents, the Riverside County MJHMP indicates that from 2001 to 2011, more than 60 large fires (300 acres or greater in size) were reported in the county.

The Wildfire Hazard Severity Figure Zone presents the three fire hazard severity zones in Palm Desert. The Very High Wildfire Hazard Severity Zone (VHFHSZ) was identified by the California Department of Forestry and Fire Protection (Cal Fire) based on fuel load, slope, fire weather, and other relevant factors. The High (HFHSZ) and Moderate Fire Hazard Severity Zones (MFHSZ) were identified by the Riverside County Fire Department based on an assessment of vegetation, slope, fire history, weather patterns, and the effects of flames, heat, and flying fire embers. 295
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The City of Palm Desert has incorporated state requirements with the adoption of the 2013 edition of the California Building Standards Code and the 2013 edition of the California Fire Code by reference in Municipal Code Title 15, Building and Construction. The state’s fire hazard severity zones shown in Figure 8.6 are incorporated and established in Palm Desert Municipal Code Section 15.26.040, supporting the City’s ability to enforce state standards applicable to areas of higher risk.

Likelihood of occurrence: Likely
Between a 10 and 100 percent chance of happening in the next year. Three (3) weather conditions that may cause ignition and/or impact the behavior of wildfires are as follows; Thunderstorms and the associated lightning are a significant source of fire starts and usually occur mid to late summer.

High winds can become steady up to 20 mph and gust up to 30-40 mph throughout the year but are most likely to exacerbate fires during the months of August through October when dry vegetation conditions are generally present. Hot, dry conditions most commonly occur in August and September. Fires can have a quick speed of onset, especially during periods of drought. Fires can burn for a short period of time or may have durations lasting for a week or more. Unlike earthquakes and wind, the extent of a wildfire is dependent on fuels, weather, and topography.

Figure 3.9.1 - Wildfire Hazard Severity Zone (2023)
 Vulnerability
Fires can have a negative impact on public health by reducing air quality due to smoke. Smoke inhalation and increased particulate matter in the air can cause lung irritation and respiratory 296
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problems in vulnerable populations, such as young children, the elderly, and individuals with asthma, emphysema, or other underlying respiratory issues. Fires can be especially challenging for vulnerable populations who have difficulty evacuating due to disability, age, or mobility challenges. According to the U.S. Fire Administration, older adults are more than twice as likely as the general population to die in fires. In 2018, the Camp Fire in Paradise, California claimed the lives of 86 people, and of those positively identified, 77% were over the age of 65. Evacuation can also be challenging for those living in crowded or high-density housing situations, particularly in multi-story buildings. Those living in areas with low road density may have fewer options for evacuation. Populations with limited access to information may not receive critical warning information in time to reach safety.

Fires can have a significant impact on the economy by destroying or damaging structures, utilities, roads, and other essential assets. They can also cause business disruptions, school closures, and flight cancellations, thus affecting the tourism industry.

Buildings, critical facilities, utility lines, roads, and bridges are vulnerable to fire damage. When fire damages utility lines, it can lead to a loss of functionality in water, sewer, gas, and electricity systems. Buildings that do not meet the California State Building Code requirements may be more susceptible to fire damage. The materials used in buildings and landscaping around them can also affect their vulnerability. For instance, wood shakes can ignite quickly due to embers. The vegetation around a structure can also impact its risk level. Maintaining a buffer area (defensible space) between the vegetation and the structure can reduce the risk of fire damage. Furthermore, proactive landscaping schemes can be used in fire-prone areas, such as avoiding pine straw and mulch.

7. Terrorism
Terrorism, as defined by the FBI, is "the unlawful use of force against persons or property to intimidate or coerce a government, the civilian population or any segment thereof, in the furtherance of political or social objectives". The act of terrorism could involve biological agents, nuclear technology, incendiary devices, chemicals, or explosives.

All City businesses and facilities are perceived as soft targets; however, due to the intended purpose of terrorism, it would most likely happen in more populous urban areas where more devastation (and fear) will ensue.

Likelihood of occurrence: Likely
Between a 10 and 100 percent chance of happening in the next year. Palm Desert is recognized as a world-class vacation and shopping destination. The city boasts a variety of renowned special events, including Fourth of July at the Park, Fashion Week, Film Festival, Concerts in the Park, McCallum Theatre, Tour de Palm Springs, and The Living Desert Zoo. The city has multiple luxury resort destinations and golf resorts that draw visitors from around the world.

The City of Palm Desert has identified high-profile targets for potential attacks:
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Figure 3.9.2- Palm Desert Civic Center Park
The Palm Desert Independence Day Celebration concert and fireworks at Civic Center can have up to 15,000 people in attendance.

Figure 3.9.3 - Fashion Week on El Paseo
Fashion Week on El Paseo is a nine-day event that attracts more than 14,000 people.

Figure 3.9.4 - Golf Cart Parade
The City of Palm Desert's annual Golf Cart Parade on El Paseo can see anywhere from 15,000 attendees.
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Figure 3.9.5 - Tour De Palm Springs
The Tour de Palm Springs passes through the City of Palm Desert and can see up to 6,000 bicyclists traveling through city limits.
❖ History
There are no significant historical events that have occurred to date.

8. Other Hazards
Hazardous Materials: A hazardous material is any material that, due to its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or the environment if released. Hazardous materials include but are not limited to, hazardous substances, hazardous wastes, and any material that a business or local implementing agency has a reasonable basis to believe would be injurious to the health and safety of persons or would be harmful to the environment if released. While Palm Desert has nonresidential land uses, it has very few generators of hazardous or toxic materials. Potential uses associated with possible hazardous materials production may include commercial, quasiindustrial, or medical operations.

Likelihood of occurrence: Likely
Between 10 and 100 percent chance of happening in the next year. The city has one abandoned hazardous waste site that is designated by the US Environmental Protection Agency (EPA) as a Superfund site (EPA 2014). The site, Enfield Chemical, is located at 77539 Enfield Court, just south of I-10 in Palm Desert. Although listed as a Superfund site, this site is not on the EPA National Priority List for cleanup and only requires site cleanup and material removal. The potential for exposure to potentially hazardous materials in Palm Desert results primarily from the transport of hazardous materials. As of 2015, one registered transporter of hazardous materials is located in the community. In addition, major transportation corridors such as I-10 may be used to transport hazardous materials; accidents could result in the release of hazardous materials. Major natural 299
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gas transmission lines provide another potential source of hazardous materials exposure. As of 2012, transmission lines for natural gas run parallel approximately two miles north of I-10, and transmission lines for hazardous liquid are located along the I-10 corridor (PHMSA 2012). The City jointly participated with Riverside County and other jurisdictions to adopt the Riverside County Hazardous Waste Management Plan. The plan supports the safe management of hazardous materials and waste products with the identification of types of waste and programs to manage them.

Airport Operations Hazard: Hazards from airports can result from accidents during takeoff and landing. Airports can also pose issues associated with land use incompatibilities.

Likelihood of occurrence: Likely
Bermuda Dunes Airport is the closest airport to the city and is located within the sphere of influence. This privately owned public-use airport encompasses over 90 acres. For the 12 months ending April 30, 2014, the airport had approximately 27,000 aircraft flights at an average of 74 per day.

Hazards Overview
The most prominent hazards faced by residents, businesses, and visitors of Palm Desert are a major earthquake on the southern section of the San Andreas Earthquake Fault line, localized flash flooding in winter months, dust storms, high windstorms, and drought. A long-term power outage in summer months could produce life-threatening extreme heat conditions for residents without access to air conditioning. Palm Desert could also be impacted by terrorism that initially targets the Los Angeles Metropolitan Area, and then spreads the impacts through initial or cascading hazards to all neighboring communities. The City of Palm Desert has experienced the following emergency activations where significant damage was incurred. • September 9-12, 1976 & August 13-18, 1977- As a result of two Pacific hurricane systems, Kathleen, and Doreen, which became significant tropical storms, Palm Desert suffered considerable flood damage. The City’s flood control system was deemed inadequate and was later addressed through significant infrastructure improvements, to mitigate future flood damage. • December 26, 2006- City Hall was closed for three days and the EOC was activated and served as the Military/Federal Government/Local Government Command Center in response to the death of President Gerald R. Ford.
• July 30, 2015- The Palm Desert Country Club neighborhood experienced an isolated high wind/storm event that caused temporary flooding, loss of power for 24 hours, numerous trees being uprooted, and damaged homes from falling trees and high winds. • January 30, 2020 – Palm Desert city staff and the community are following guidance by Federal, State, and county health officials to be prepared for the potential spread of the Covid 19 virus. Over the next 2 years, the changes to the community because of the virus caused financial instability, tremendous drawdown on the health care system, and the reduction of the workforce. 300
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These hazards have been thoroughly assessed and addressed in the Local Hazard Mitigation Plan to ensure effective mitigation, preparedness, and response strategies are in place to protect the community of Palm Desert.

3.3 VULNERABLE POPULATIONS
Factors such as age, physical and/or mental condition, socioeconomic status, access to key services, and many other factors affect the ability of people to prepare for and protect themselves and their property from a hazardous event. Even though some hazard events may impact all or parts of Palm Desert, different populations may experience the impacts differently. Higher-income households, for instance, are more likely to afford the cost of retrofitting their homes to resist flooding or move to a location that is less prone to flooding than a lower-income household. As a result, the higher-income household is less likely to experience significant damage during a flood event than the lower-income household, even if the same amount of rain falls on both.

There are situational and physical characteristics that help identify vulnerable populations or populations at risk, that may not comfortably or safely access and use disaster/emergency resources. Specifically, when discussing emergency preparedness, the following groups could be considered vulnerable or at a greater risk during an emergency:
• Infants and small children under age three (3)
• Women who are pregnant
• Elderly people (age 65 and older)
• Homeless
• Obese and bedridden
• Mentally ill
• Those with cognitive disabilities
• Those with medical conditions (e.g., heart disease, diabetes high blood pressure)
• Those requiring life-saving medications (e.g., high blood pressure, depression, dementia)
• Individuals with drug or alcohol addiction
• Mobility constraints
• Those who are non-ambulatory
• The poor
• Non-English speakers who may not have access to information 301
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A social threat analysis examines the ways hazard events are likely to impact different demographic populations in Palm Desert and where these different demographic populations live within the City. This includes assessing whether the people in an area of an elevated hazard risk are more likely than the average person to be considered a threatened population. The social threat analysis uses the following criteria to assess the threat to vulnerable populations:
• Disability status: Persons with disabilities may often have reduced mobility and experience difficulties living independently. As a result, they may have little or no ability to prepare for and mitigate hazard conditions without assistance from others. • Income levels: Lower-income households are less likely to have the financial resources to implement mitigation activities on their residences. They may also struggle with having the necessary time to find and access educational resources discussing hazard mitigation strategies.

Furthermore, lower-income households are less likely to be able to afford to move to areas that are safer or less at risk of being impacted by a hazard. • Seniors (individuals at least 65 years of age): Seniors are more likely to have reduced mobility, physical and/or mental disabilities, and lower income levels, all of which may decrease their ability to prepare for and mitigate a hazard event. The social threat analysis also shows the threat other populations may encounter, such as persons experiencing homelessness or persons without access to lifelines (vehicles or communication networks). Since data for these groups are not readily available, there is no definitive way to determine the amount of these persons in areas of elevated risk, so this assessment will discuss how these other threatened groups may also be affected on a general level.

Figure 3.4.1 - The City of Palm Desert Threatened – Population Metrics (2023) Threatened Population Metric Community-Wide Data
Population 51,163
Households 24,129
Median Household Income $75,691
Percentage of households with at least one person
living with a disability over the age of 65 years

28.4%
Percentage of households with at least one person
living with a disability under the age of 65 years
10%
Percentage of households living under the poverty
limit

12.9%
Percentage of households with one-member aged
65+

36.1%
Percentage of households with a language other
than English spoken at home (ages 5 years +)

23.6%
*** Population estimates rely on US Census ACS data. Any differences from other population estimates in this document may be related to how the data is analyzed. 302
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3.4 MITIGATION PROJECT UPDATES
 Completion of Parkview Bridge Maintenance (Bridge Maintenance Program)  Completion of the White Stone Lane Drainage Improvement Project.  Completion of the Cook Street Rehabilitation Project.  Completion of the Installation of the North Shere Wind Fence Project Figure 3.5.1 - Park View Bridge (Bridge Maintenance Program) Figure 3.5.2- White Stone Lane Drainage Improvements
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Figure 3.5.3- North Sphere Wind Fence Project (2022)
Palm Desert is a city with a clear vision of its future. The city staff and elected officials welcome and encourage community organizations, the business community, other public agencies, neighborhood groups, and passionate individuals to help implement many of these actions.

These implementation actions are specific physical infrastructure necessary for achieving mitigation actions for each identified hazard as described in the General Plan.

Figure 3.5.4- Palm Desert 2023 Mitigation Actions
Hazard/
Priority
Mitigation Action Departments Funding Grant Completion
Timeframe
Flood
High Purchase parcels within the city to be used as retention basins for excess water flow.

Public Works Capital
Improvement
Fund
Hazard
Mitigation
Grant
Program
2023-2028
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High
Enforce the City's Floodplain Management Ordinance to mitigate flood hazards in development within the 100-year floodplain and flash flood areas through specific standards.

Code
Enforcement
General
Fund
BRIC 2023-2028
High
Maintain the major flood control channel that exists in Palm Desert which confines and directs stormwater runoff. The Mid Valley Channel runs west to east through the city from Monterrey Avenue to Washington Street. This channel carries stormwater runoff which originates in western Coachella Valley.

Public Works Capital
Improvement
Fund
Flood
Mitigation
Assistance
2023-2028
High Expansion of the Section 29 retention basin along the I-10 freeway. The basin’s current physical capacity of 45.4 acre-feet, another 16.3 acre-feet of retention volume would reduce the risk of overflows and provide the storage necessary for a 100-year storm event
Public Works Capital
Improvement
Fund
HMPG 2023-2028
Drought
Medium
Encourage golf courses and other water-intensive land uses to use treated effluent for irrigation.

Planning General
Fund
SWEEP 2023-2028
High
Annually monitor citywide water usage with Coachella Valley Water District (CVWD) and recommend effective water
conservation measures.

Public Works General
Fund
Water
SMART
Water &
Energy
Efficiency
2023-2028
Low
Cooperate with CVWD to develop education programs that
encourage water conservation.

Management General
Fund
County-Wide
Funding
Programs
CSWB
2023-2028
Medium
Residential Turf Conservation Project: City Council approved the partnership with Coachella Valley Water District (CVWD) as of October 6, 2022. CVWD rebate programs are designed to assist residential customers who want to reduce their water usage.

Planning/
Public Works
General
Fund
Public Agency
Turf
Replacement
2022-2024
Earthquake
High
Adopt and maintain high standards for the seismic performance of buildings through prompt adoption and careful enforcement of the most current seismic standards of the Uniform Building Code. IV A2.2 Develop a structural hazards reduction program (per Section 8875 of the Government Code) for the upgrading of seismically hazardous buildings.

Building and
Safety
General
Fund
NEHRP 2023-2028
Medium
Developments in or adjacent to hillsides require geological and soil engineering studies to ensure safety from potential landslides and/or rockfalls. Additionally, development adjacent to hillside areas must minimize the potential hazard of falling rocks through project design.

Engineering General
Fund
Engineering
for Natural
Hazards
2023-2028
Extreme
Heat
High Enforce the City standard of inspection and management of hazardous trees. The City maintains and identifies high-risk trees annually. Trees are utilized as a shade barrier during extreme summer weather.

Public Works General
Fund
Extreme Heat
& Community
Resilience
2023-2028
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Section 4.0 – HAZARD IMPACT AND RISK ASSESSMENTS

4.1 ESTIMATING POTENTIAL LOSS
Table 4.2 shows the city's critical infrastructure and the number of buildings in that classification. Table 4.3 shows the City’s exposure to hazards in terms of the number and value of structures. Riverside County’s assessor’s data can be used to calculate the improved value of parcels.

4.2 CRITICAL FACILITIES AND INFRASTRUCTURE
Critical Facilities Type Number
Public Safety Dispatch 1
Emergency Operations Center 1
City Hall 1
Fire Stations 3
Wastewater Treatment Plants 1
Police Facility 1
Maintenance Yards 1
Senior Community Centers 1
Schools 9
Radio Repeaters 2

4.3 TABLE REPLACEMENT VALUES
Wind
High
The City's Municipal Code (Chapter 24.12) requires that an applicant for a grading or demolition permit must first obtain an approved Fugitive Dust Mitigation Plan. This plan must include all reasonably available control measures so that fugitive dust emissions comply with South Coast Air Quality Management District Rule 403. Control measures at a construction or demolition site can include the use of soil stabilizers or watering. Erection of wind fences, covering soil stockpiles, and revegetation of disturbed surfaces’
Code
Enforcement/
Public Works
General
Fund
2023-2028
Wildfire
Medium Develop a comprehensive fire plan which forecasts future personnel and equipment needs and requires new development to pay its pro-rata share of costs for fire services.

Management General
Fund
California Fire
Foundation
2024-2028
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Name of Asset Replacement Value ($)
City Hall & EOC
73-510 Fred Waring Dr, Palm Desert, CA 92260 $29,000,000 Fire Department, Station 67
73200 Mesa View Dr, Palm Desert, CA 92260 $5,000,000
Fire Department, Station 33
44400 Town Center Way, Palm Desert, CA 92260 $6,000,000 Fire Department, Station 71
73995 Country Club Dr, Palm Desert, CA 92260 $5,000,000 Palm Desert Sheriff’s Station
73705 Gerald Ford Dr, Palm Desert, CA 92211 $33,000,000 Palm Desert Corp. Yard
74705 42nd Ave, Palm Desert, CA 92260 $10,000,000
Palm Desert Library
73-300 Fred Waring Dr, Palm Desert, CA 92260 $10,000,000 The Joslyn Center
73750 Catalina Way, Palm Desert, CA 92260 $2,000,000
SECTION 5.0 – COMMUNITY RATING SYSTEM

5.1 REPETITIVE LOSS PROPERTIES
Palm Desert has no repetitive loss properties or severe repetitive loss properties relating to floods in the City of Palm Desert.

5.2 NATIONAL FLOOD INSURANCE PROPERTIES
A. Describe participation in NFIP, including any changes since the previously approved plan.
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As of October 13th, 2011, The City of Palm Desert is currently in compliance with the NFIP.

B. Date first joined NFIP.

October 13th, 2011
D. Identify actions related to continued compliance with NFIP.

The City of Palm Desert adopted an amended floodplain management ordinance on October 13, 2011, and there have been no changes.

E. CRS member:

NO
F. Describe any data used to regulate flood hazard areas other than FEMA maps.

None
G. Have there been issues with community participation in the program? Continued communication with the citizens on the importance of flood insurance.

H. What are the general hurdles for effective implementation of the NFIP? Community involvement and education
I. Summarize actions related to continued compliance with NFIP.

Compliance is verified through Community Assistance Visits (CAV) that are conducted by staff members from FEMA and/or the California Department of Water Resources SECTION 6.0 - CAPABILITIES ASSESSMENT

6.1 REGULATORY MITIGATION CAPABILITIES
City of Palm Desert – Jurisdictions Regulatory Mitigation Capabilities Table Regulatory Tool Yes/No Comments
General plan Yes The current plan was updated in 2016.

City safety element.

Zoning ordinance Yes Title 25 Overlay Districts.

Subdivision ordinance Yes Title 26.
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Site plan review requirements Yes 2022 California Model Codes.

Floodplain ordinance Yes Title 24.

Other special purpose ordinance
(storm water, water conservation,
wildfire)
Yes Water Conservation Ordinance, MultiSpecies Habitat Conservation Plan.

Building code Yes 2022 California Model Codes.

Fire department ISO rating Yes ISO rating 5.

Erosion or sediment control program Yes PM10 Regulations.

Storm water management program Yes Catch Basin & Storm Drain Cleaning Program.

Capital improvements plan Yes Capital Improvement Program Economic development plan Yes
Local emergency operations plan Yes Continuous updates have been applied to the EOP.

Flood Insurance Study or other
engineering study for streams
Yes FEMA Flood Insurance Study, 2017
Whitewater River Flow
Capabilities are the programs and policies currently in use to reduce hazard impacts or that could be used to implement hazard mitigation activities. There are a multitude of methods and processes that a jurisdiction may use to improve upon current capabilities to mitigate emergencies or disasters. The City of Palm Desert has identified the below to support this thought process:

Personnel: Hiring of new staff in departments with identified deficiencies in capabilities or processes can and will make the staff stronger thereby increasing capabilities. However, the addition of employees is always a point of contention that does not always materialize. Through training and implementation of additional support resources as well as the creation of working groups to support the mitigation project planning process may prove to be successful in the absence of additional staffing.

Regulatory Mitigation Capabilities: Continue to ensure that necessary regulations are put in place relating to building codes, ordinances, and state and federal requirements.

Administrative: The administrative capabilities can be improved by developing a mitigation actions implementation plan that is reviewed and updated on a recurring basis. This process would be used to update the LHMP over the coming years providing updates to the status of projects and actions.

Technical: Incorporate the technical expertise of residents within the City staff into the emergency management planning process to include the development of mitigation projects. 309
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Fiscal: Identify additional funding opportunities that can be expanded upon for mitigation. In previous years, hazard mitigation grants have not been utilized to complete any projects that have been identified by the hazard mitigation planning team.

Mitigation Outreach and Partnerships: Expand current capability through an increase in the number of events participated in, and presentations conducted to the community through integration with HOAs and civic organizations. Promote preparedness through increased use of social media and the creation of an emergency management section for the City application.

The 2016 General Plan update provided an opportunity to review and update the current capabilities to mitigate hazards. This also provided an opportunity to identify where capabilities could be improved or enhanced. Specific opportunities include:

Safety Element, As required by state law, this identifies forces of nature and events resulting from human action that have the potential to cause harm to life and property in the City. Identifying the source of such threats allows decision-makers to take preemptory action to minimize the damage, particularly as it relates to new development projects. In addition to State-mandated components, the Safety Element builds on the previous General Plan to emphasize the importance of police services and personal safety. This element presents existing conditions relative to public safety in Palm Desert and is organized to address the following six priority safety issues required by state law and identified by the City’s (2017) Local Hazard Mitigation Plan: Seismic and geologic hazards, Flooding, Extreme Weather, Fire, Emergency Preparedness and Human-caused Hazards.

Outreach: The City of Palm Desert sees an opportunity to increase collaboration within the region that sustains maximum resilience to emergencies and disasters. Efforts for improvements could include:
• Hazards Education - Consult with agencies and partners to provide public education materials on safe locations and evacuation routes in case of emergency or hazardous event.
• Critical Facilities - Prepare existing critical facilities for resilience to hazards and develop new facilities outside of hazard-prone areas.
• Emergency Plans and Processes: Consult with the Coachella Valley Emergency Managers Association and CVAG to maintain and update the City’s Emergency Operations Plan and maintain SEMS-compliant disaster preparedness plans for evacuation and supply routes, communications networks, and critical facilities’ capabilities.
• Utility Reliability - Coordinate with providers and agencies including CVWD and Southern California Edison for access to reliable utilities and water supply to minimize potential impacts of hazards and emergencies to pipelines and infrastructure.

Training: Training opportunities should be provided to integrate hazard information for City staff and community members. Citizen-based disaster preparedness and emergency response should 310
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continue to be promoted through Riverside County’s Community Emergency Response Team (CERT) training and certifications.

Geologic hazards: A built environment that minimizes risks from seismic and geologic hazards, including hazards due to wind erosion. Efforts for improvement could include:
• Seismic Standards - Consider exceeding minimum seismic safety standards for critical facilities that ensure building function and support continuity of critical services and emergency response after a seismic event.
• Structural Stability - Maintain development code standards to prohibit the sitting of new septic tanks, seepage pits, drainage facilities, and heavily irrigated areas away from structure foundations to reduce potential soil collapse. • Seismic Retrofits to the Existing Building Stock: Create a phased program for seismic retrofits to existing public and private unreinforced buildings to meet current requirements.
• Wind Hazards - Support integrated land management for site design and improvements that protect the natural and built environment, including both public and private structures, from hazardous wind events.

Flood Hazards: A community where flooding and inundation hazards are contained within areas reserved for open space. Efforts for improvements could include:
• Flood Risk in New Development - Require all new development to minimize flood risk with siting and design measures, such as grading that prevents adverse drainage impacts to adjacent properties, on-site retention of runoff, and minimization of structures located in floodplains.
• Flood Infrastructure - Require new development to contribute to funding regional flood control infrastructure improvements.
• Stormwater Management - Monitor, update, and enforce stormwater management plans in coordination with regional agencies, utilities, and other jurisdictions. • Open Space for Flood Control - Prioritize open space or uses that serve recreational purposes as preferred land use within areas of high flood risk.

Wildfire hazards: Existing and future developments are protected from wildfire hazards, with decreased frequency and intensity of wildfire incidents despite increased density and urbanization within the community. Efforts for improvements could include:
• Fire Preparation- Review inter-jurisdictional fire response agreements and ensure that the agreements and firefighting resources, including water supply, can meet current and future needs, including increased demand from new development and changing fire regimes.
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• Fire Hazard Severity Zones - Adopt and implement fire mitigation standards for areas designated as High and Very High Fire Hazard Severity Zones per CalFire, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression.
• Brush Clearance - Require new development and homeowner’s associations to maintain brush clearance criteria that meet 120% of the current state requirement for fire hazard severity zones in the city.
• Inventory of Structures for Fire Risk - Prepare an inventory of all structures and ownership information for structures in each fire hazard severity zone in the city and the SOI.
• Fire Education - Disseminate information on fire risks and minimum standards, including guidance for new development in the wildland-urban interface and fire hazard severity zones.
• Future Emergency Service Needs - Require new developments and homeowner’s associations along the wildland-urban interface to house the proper equipment and infrastructure to respond to wildland fire incidents.
• Open Space Preservation - Consult with neighboring jurisdictions, private property owners, and other agencies to identify resource management activities that can both enhance open space areas and reduce wildland fire.

The Jurisdiction General Plan reflects the City’s long-range aspirations of physical form and amenity and guides developmental regulations. More than 100 interested residents, business owners, and policymakers worked together to develop a 20-year strategic plan for the City. The yearlong process and resulting document, the 2013-2033 Strategic Plan, “Envision Palm DesertForward Together,” laid the groundwork and direction for the General Plan Update. Three of the plans’ goals, in particular, support mitigation. These goals and their policies are included below.

Goal 1: Health & Wellness
A broad range of social, economic, and environmental factors all contribute to health including nutritious diets, active lifestyles, clean air and water, education, jobs, and medical care.

Avoid locating new air quality-sensitive uses (schools, childcare centers, senior centers, medical facilities, and residences) in proximity to sources of localized air pollution (e.g., Interstate 10, hightraffic roads, certain industrial facilities), and vice versa. Where such uses are located within 500 feet of each other, require preparation of a health impact assessment (HIA) or similarly effective health analysis as part of the CEQA environmental review process, to analyze the significance of the health impact on sensitive land uses and incorporate project-specific mitigation measures to reduce potential impacts.

Require new development to meet the State’s Green Building Code standards for indoor air quality performance and promote green building practices that support “healthy buildings,” such as low VOC materials, environmental tobacco smoke control, and indoor air quality construction pollution 312
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prevention techniques. Sensitive receptors. Avoid the siting of new projects and land uses that would produce localized air pollution in a way that would adversely impact existing air qualitysensitive receptors including schools, childcare centers, senior housing, and subsidized affordable housing. The recommended minimum distance separating these uses should be 500 feet. When a minimum distance of 500 feet cannot be avoided, a health impact assessment (HIA) shall be completed in compliance with Policy 6.1.

Goal 2: Environmental Resources
The vision is to be a responsible steward of the city’s natural resources. Priorities are to reduce per-capita consumption of energy and water, promote greater use of sustainable materials with an eye upon the needs of future generations, encourage all new construction to be net zero energy in design and exceed the Coachella Valley Water District’s efficiency standards, and encourage property owners to reduce energy and water consumption.

Drought, climate change, and development pressure on environmental resources are key issues within the City of Palm Desert. The California Department of Finance estimated a growth of 9,262 residents between 2000 and 2014, or 22.5% growth in the City of Palm Desert. Significant population growth throughout Riverside County has led to increased development pressure in and around the city. Without proper planning, new developments can contribute to further depletion of limited water and energy resources, increased air and water pollution, and negative impacts on biological resources. Water resources are a basic and necessary component of inhabitance, and a community’s survival may be endangered if water needs cannot be met.

The City’s Water-Efficient Landscaping Ordinance, adopted as part of the California Water Conservation Landscaping Act of 1990, established minimum water-efficient landscaping requirements for all new and rehabilitated public and private landscape projects.

6.2 ADMINISTRATIVE/TECHNICAL MITIGATION CAPABILITIES
Personnel Resources Yes/No Department/Position
Planner with knowledge of land
development/land management practices Yes
Planning Depart. / Dir. of
Community Development
Engineer/professional trained in construction
practices related to buildings and/or
infrastructure Yes
Public Works Director, City
Engineer, and Building Official
Engineer with an understanding of natural
hazards Yes
Looking at options for educational
options on expanding on
engineering for natural hazards.

Personnel skilled in GIS Yes
Human Resource/GIS Technician
Full time building official Yes Building Department/ Official Floodplain manager Yes Public Works Director
Emergency manager Yes Human Resources/ Risk Manager
Grant writer No
GIS Data—Land use Yes
Human Resource/GIS Technician
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GIS Datalinks to Assessor’s data Yes
Human Resource/GIS Technician
Warning systems/services
(Reverse 9-11, outdoor warning signals) Yes
Riverside County Early Warning
Notification System

6.3 FISCAL MITIGATION CAPABILITIES
Financial Resources
Accessible/Eligible
to Use (Yes/No)
Comments
Community Development Block
Grants
Yes
Capital improvements project funding Yes
Authority to levy taxes for specific
purposes
Yes With voter
approval
Fees for water, sewer, gas, or electric
services
No Exploring
options to
reduce the
impacts of
hazards
Impact fees for new development Yes
Incur debt through general obligation
bonds
Yes With voter
approval
Incur debt through special tax bonds. Yes With voter
approval
Incur debt through private activities. No
Withhold spending in hazard-prone
areas
N/A
Other N/A

6.4MITIGATION OUTREACH AND PARTNERSHIPS
The City of Palm Desert actively prepares to safeguard the community from the numerous potential hazards that could occur. The City undertakes several emergency preparedness activities, establishing procedures and responsibilities for emergency response. Land use rules and service providers also play a role in achieving readiness for hazards and emergencies.

Additionally, the City is supported by several other external entities to provide response services.

Palm Desert CERT
The City of Palm Desert has been training residents in the FEMA Community Emergency Response Team (CERT) training program. The City of Palm Desert offered two CERT Course in 2018, and 2022. The city is planning to have two CERT training courses in 2023 and 2024. The city has a fully equipped Mass Shelter Response Trailer to assist with community response and recovery following a major earthquake, flood, or other disaster. 314
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The City of Palm Desert participates with the Riverside County Emergency Management Department to provide training and support to CERT volunteers. The use of CERT-trained volunteers helps mitigate the effects of a major earthquake, flood, fire, public health emergency, terrorism-related event, or other community emergencies.

The Economic Development Program promotes economic growth in Palm Desert to support the City’s economy and improve opportunities for community members. It also conducts marketing and promotion activities for Palm Desert. The program can assist with mitigation measures related to business growth and other improvements to the local economy and act as a liaison between the City and local businesses.

The Community Development Department is responsible for planning- and building-related activities in Palm Desert, including issuing permits, conducting environmental reviews, preparing planning documents, and addressing housing issues. Mitigation activities related to planning and building can be implemented by this department.

The Building Code specifies how new structures can be built. It includes the California Building Code and any amendments made by the City. Mitigation actions may involve amending the Building Code to improve a building’s safety or structural stability.

The City’s General Plan outlines long-term direction for development and policy in the City.

There are opportunities to coordinate local hazard mitigation actions with policies within the boundaries of the City as governed by the General Plan.

City staff have been trained in CPR/AED, First Aid, and Stop the Bleed. Staff have also been trained in the proper use of fire extinguishers and response to active shooter events.

In the training, staff learned to:
• Control severe bleeding.
• Manage airways.
• Care for patients going into shock.
• Use an automatic external deflator (AED)
• Extinguish small fires.
• Steps for safety during an active shooter event
• Evacuation and safety techniques

HOA MEETINGS/BUSINESS AND HOTEL ROUNDTABLE/RADIO COMMUNICATION The City of Palm Desert has held numerous emergency preparedness trainings for local HOA, and disaster preparedness groups (i.e., CVDPN), and may emulate a neighboring jurisdiction’s family and neighborhood emergency planning program called PREP (People Responding with Emergency Preparedness) to complement existing CERT training. The PREP Program teaches residents how to meet and develop their own neighborhood emergency response plan to implement before a large earthquake, flood, or other community emergency. Having Palm Desert 315
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neighborhoods prepared to respond in their own areas to take care of injuries and utility problems will greatly lessen the impacts of an earthquake or other community disaster. It will also take the load from our first responders who will be able to concentrate on the most serious city issues.

The city has also hosted roundtables on emergency preparedness with local hotel/businesses.

Palm Desert has developed a relationship with members from the Riverside County RACES and has radio equipment installed in its EOC for exclusive use by their liaison. In addition, the City has partnered with a local communication vendor, to make EOC communication possible between the City and various homeowner associations. Recent upgrades to the communications within the EOC have allowed for digital communications with the OA, neighboring jurisdictions, city staff, and the Amateur Radio Clubs active during a disaster.

The ability to obtain information on the condition of these neighborhoods will allow first responders and emergency responders to determine those areas in need of resources and support, as well as convey this information to the County Operational Area.

6.5 FUNDING OPPORTUNITIES
Table 6.1- The City of Palm Desert has grant opportunities for Mitigation Grant Name Agency Purpose Contact
Resilience Grant
(BRIC)
U.S. Department of
Homeland Security,
Federal Emergency
Management
Agency
To support states, local communi�es, tribes, and
territories as they undertake hazard mi�ga�on projects, reducing the risks they face from disasters and natural hazards.

FEMA 500 C. Street, SW
Washington, DC 20472
Phone: (202) 646-4621
www.fema.gov
Hazard Mi�ga�on
Grant Program
U.S. Department of
Homeland Security,
Federal Emergency
Management
Agency
To prevent future losses of lives property due to
disasters; to implement State of local hazard mi�ga�on
plans; to enable mi�ga�on measures to be
implemented during immediate recovery from a
disaster; and to provide funding for previously
iden�fied mi�ga�on measures to benefit the disaster
area.

FEMA 500 C. Street, SW
Washington, DC 20472
Phone: (202) 646-4621
www.fema.gov
Flood Mi�ga�on
Assistance (FMA)
U.S. Department of
Homeland Security,
Federal Emergency
Management
Agency
To help States and communi�es plan and carry out
ac�vi�es designed to reduce the risk of flood damage
to structures insurable under the NFIP.

FEMA 500 C. Street, SW
Washington, DC 20472
Phone: (202) 646-4621
www.fema.gov
Emergency
Management
Performance
Grants (EMPG)
U. S. Department of
Homeland Security;
Federal Emergency
Management
Agency
To encourage the development of comprehensive
emergency management at State and local levels and to
improve emergency management planning,
preparedness, mi�ga�on, response, and recovery
capabili�es.

FEMA 500 C Street S.W.

Washington, DC 20472
Phone (202) 646-4621
www.fema.gov
Community
Development
U.S. Department of
Housing and Urban
Development
To develop viable urban communi�es by providing
decent housing and a suitable living environment.

Principally for low-to moderate income individuals.

HUD 451 7th Street, S.

W. Washington, DC
204107000 Phone:
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Grant Program
(CDBG)
(202) 708-3587
www.hud.gov
Public Assistance
Program (PA)
U.S. Department of
Homeland Security,
Federal Emergency
Management
Agency
To provide supplemental assistance to States, local
governments, and certain private nonprofit
organiza�ons to alleviate suffering/hardship resul�ng
from major disasters or emergencies declared by the
President. Under Sec�on 406, Public Assistance funds
may be used to mi�gate the impact of future disasters.

FEMA 500 C Street S.W.

Washington, DC 20472
Phone (202) 646-4621
www.fema.gov
Emergency
Watershed
Protec�on
U.S. Department of
Agriculture, Natural
Resource
Conserva�on
Service
To provide emergency technical/financial assistance to
install or repair structures that reduce runoff and
prevent soil erosion to safeguard life and property.

NRCS PO BOX 2890
Washington, DC 20013
Phone: (202) 720-3527
www.nrcs.usda.gov
Land and Water
Conserva�on Fund
Grants
U. S. Department of
the Interior,
Na�onal Park
Service
To acquire and develop outdoor recrea�on areas and
facili�es for the general public, to meet current and
future needs.

NPS PO Box 37217
Washington DC
200137127 Phone:
(202) 565-1200
www.nps.gov
Disaster Mi�ga�on
and Technical
Assistance Grants
U.S. Department of
Commerce,
Economic
Development
Administra�on
To help States and locali�es to develop and /or
implement a variety of disaster mi�ga�on strategies.

EDA Herbert C. Hoover
Building Washington,
DC 20230 Phone: (800)
345-1222 www.eda.gov
Watershed Surveys
and Planning
U.S. Department of
Agriculture, Natural
Resource
Conserva�on
Service
To provide planning assistance to Federal, State, and
local agencies for the development of coordina�on
water and related land resources programs in
watersheds and river basins
NRCS PO Box 2890
Washington, DC 20013
Phone: (202) 720-3527
www.nrcs.usda.gov
Na�onal
Earthquake
Hazards Reduc�on
Program (NEHRP)
U.S. Department of
Homeland Security,
Federal Emergency
Management
Agency
To mi�gate earthquake losses that can occur in many
parts of the na�on providing earth science data and
assessments essen�al for warning of imminent
damaging earthquakes, land use planning, engineering
design, and emergency preparedness decisions.

FEMA 500 C Street S.W.

Washington, DC 20472
Phone (202) 646-4621
www.fema.gov
Assistance to
Firefighters Grant
U. S. Department of
Homeland Security,
Federal Emergency
Management
Agency
Compe��vely awarded project grants to provide direct
assistance, on a compe��ve basis, to fire departments
to protect the health and safety of the public and
firefigh�ng personnel against fire and fire-related
hazards.

FEMA 500 C Street S.W.

Washington, DC 20472
Phone (202) 646-4621
www.fema.gov
Fire Management
Assistance Grants
U. S. Department of
Homeland Security,
Federal Emergency
Management
Agency
To provide project grants and the provision of
specialized services for the mi�ga�on, management,
and control of fires that would cons�tute a major
disaster.

FEMA 500 C Street S.W.

Washington, DC 20472
Phone (202) 646-4621
www.fema.gov
Engineering for
Natural Hazards
Na�onal Science
Founda�on
Supports fundamental research that advances
knowledge for understanding and mi�ga�ng the impact
of natural hazards on constructed civil infrastructure.

Na�onal Science
Founda�on Phone:
(703) 292-7024
htps://www.nsf.gov
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US Homeland
Security
Emergency
Opera�ons Center
Funding (EOC)
U. S. Department of
Homeland Security,
Federal Emergency
Management
Agency
Improve emergency management and preparedness
capabili�es by suppor�ng flexible, sustainable, secure, strategically located, and fully interoperable EOCs with a focus on addressing iden�fied deficiencies and needs.

FEMA 500 C Street S.W.

Washington, DC 20472
Phone (202) 646-4621
www.fema.gov
The City of Palm Desert has the same funding opportunities as Riverside County Operational Area.

SECTION 7.0 - MITIGATION STRATEGIES
The mitigation strategy for the City of Palm Desert is based on informed assumptions, recognizing both mitigation challenges and opportunities, with the ultimate mission of creating a disaster resistant and sustainable community for the future. The mitigation strategy is derived from an indepth understanding of possible deficiencies between potential vulnerabilities and existing capabilities, with the mitigation objectives in mind. The mitigation strategy builds upon the previous mitigation actions identified by the City of Palm Desert 2017 LHMP and was expanded to consider current needs.

7.1 MITIGATION GOALS AND OBJECTIVES
In order to improve the process of identifying mitigation measures, the City has developed mitigation goals and objectives. These goals and objectives are in line with the City's mission to create a disaster-resilient, sustainable community, while also adhering to the Operational Area.

The City of Palm Desert is located in an area that is prone to environmental hazards. The following goals and policies demonstrate the City's commitment to ensuring the safety of its citizens in the event of natural or man-made hazards.

Goal 1: Maximize the delivery of public safety services by proactively mitigating any potential risks to human life and property.

Objective 1.1 – Work with the fire and police departments to identify new public safety needs to account for population growth.

Objective 1.2 - Require new development to conform with the City's Particulate Matter (PM) Ordinance as a condition of issuance of grading permits. Evaluate the need for permanent control devices in particularly windy areas to be installed before project grading.

Objective 1.3 - Enforce the Floodplain Management Ordinance, which outlines specific standards for development in flood-prone areas, to mitigate flood hazards.

Objective 1.4 - Monitor and periodically update the Master Plan of Drainage to reflect changes in local and regional drainage and flood conditions.
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Objective 1.5 - Monitor the Capital Improvement Plans for drainage management, and control shall be developed, updated, and maintained.

Objective 1.6 - Evaluate the need for an upgrade from a 25-year on-site retention to 100-year on-site retention in crucial northern portions of Zone 4.

Goal 2: Enhance community emergency preparedness through effective response and education to reduce loss of life and property damage from disasters and public safety emergencies.

Objective 2.1 – Ensure a viable Community Emergency Response Teams (CERT) program by hosting a minimum of three CERT classes per year.

Objective 2.2 – Expand cardiopulmonary resuscitation/automated external defibrillator (CPR/AED) and fire safety training available for residents and businesses as needed.

Objective 2.3 - Train the Emergency Operations Center and general City staff in the Emergency Operations Plan and the California Standardized Emergency Management System (SEMS), the National Incident Management System (NIMS), and the Incident Command System (ICS).

Objective 2.4 – Gather the support of Church, Civic, Business, and Community Groups, including Homeowners Associations, to support and promote CERT and individual preparedness in the city.

Goal 3: Prevent damage to life and property resulting from seismic and seismic-induced hazards to the greatest extent possible.

Objective 3.1 - Ensure seismic safety of buildings by promptly adopting and strictly enforcing California's latest building code standards.

Objective 3.2 - Develop a program for reducing structural hazards (per Section 8875 of the Government Code) in seismically unsafe buildings.

Objective 3.3 - Maintain a program by which all potentially hazardous structures that pose a threat due to inadequate seismic design, engineering, or construction are identified, inventoried, and strengthened.
*Note: This list of mitigation strategies is based on currently available funding. Identified mitigation projects are not guaranteed to be completed if funding is no longer available.

7.2 MITIGATION ACTIONS
The 2017 Palm Desert annex had a mitigation strategy based on “goals and objectives” instead of fully formed mitigation actions with the kind of detail that would truly make them actionable.

Due to the lack of detailed information, we are listing the mitigation actions we know to have been completed over the past 5 years.
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Below are the proposed mitigation actions in 2017 that have been completed.

Completed Mi�ga�on Projects Overview Type of Mi�ga�on
Emergency Opera�ons Center
and general city staff in our
Emergency Opera�ons Plan and
the California Standardized
Emergency Management System
(SEMS), the Na�onal Incident
Management System (NIMS),
and the Incident Command
System (ICS)
City staff are required to
complete ICS Training 100, 200,
and 700 during the proba�onary
period.

Outreach
Enlist the support of Church,
Civic, Business, and Community
Groups including Homeowners
Associa�ons to support and
promote CERT and individual
preparedness in the city.

Ongoing promo�on of ci�zenbased disaster preparedness and emergency response through
Riverside County’s Community
Emergency Response Team
(CERT) training and cer�fica�ons.

Outreach
Backup Energy Sources The City has backup generators
for the following loca�ons:

Palm Desert City Hall, Palm
Desert Corpora�on Yard, and
The Joslyn Center.

Planning
The City of Palm Desert has identified its high-priority hazards and has listed mitigation actions accordingly. To better facilitate the process of identifying mitigation measures, mitigation goals and objectives have been established. These goals and objectives are aligned with the City's mitigation mission of creating a disaster-ready, disaster-resilient, and sustainable community while remaining in accordance with the Operational Area. Palm Desert is in a geographical area that is vulnerable to environmental hazards at times. The following goals and policies reflect the City's commitment to providing a safe environment for its citizens in the event of natural or man-made hazards.

Earthquake
Ensure that all those who live, work, and play in Palm Desert are safe by providing public safety through a community-based approach that focuses on preventing problems and timely response. A community better informed about safety preparedness will enable residents to be more self-reliant not only before emergency services are deployed but also following a disaster for up to 10 days.
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- Ensure a viable Community Emergency Response Teams (CERT) program by hosting CERT classes and examining program needs annually based on population & community interest.

Flood
The City's Floodplain Management Ordinance specifies construction standards for all areas of flood hazards. All new construction and improvements must be constructed using methods and practices that minimize flood damage and provide adequate drainage.

Extreme Heat
To reduce the potential impacts of extreme weather, the City of Palm Desert encourages public participation and usage of the Nixle emergency notification system. This system notifies residents in advance of any hazards and impending severe weather events in their area (earthquake, flood, fire). The City also encourages the residents to visit the City’s website to learn steps to reduce personal risk.

Reduce potential impacts of extreme temperatures by increasing public awareness of extreme temperatures, including shelter locations and cooling/warming stations.

Drought
Decrease water usage on public and private parcels through the existing Water Conservation Program implemented by the Coachella Valley Water District. Encourage residents to participate in CVWD programs that help conserve water; programs such as the Turf Rebate.

Encourage contractors for residential and commercial developments to offer options promoting partnering agencies’ programs.

General Plan Goals and Policies:
• Hazard Information: Establish and maintain a database containing maps and other information that identifies and describes community hazards. • Local Hazard Mitigation Plan (LHMP): Maintain and regularly update the City’s LHMP as an integrated component of the General Plan, in coordination with Riverside County and other participating jurisdictions, to maintain eligibility for maximum grant funding. Riverside County Emergency Management Department oversees this program.
• Hazards Education: Consult with agencies and partners to provide public education materials on safe locations and evacuation routes in case of emergency or hazardous event. No funding is available. Riverside County Emergency Management Department oversees this program.
• Seismic Retrofits to Existing Building Stock: Create a phased program for seismic retrofits to existing public and private unreinforced buildings to meet 321
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current requirements. This would fall under the planning and building department. Currently, no funding is available. Looking at FEMA pre-disaster grants
• Flood Risk in New Development: Require all new development to minimize flood risk with siting and design measures, such as grading that prevents adverse drainage impacts to adjacent properties, on-site retention of runoff, and minimization of structures located in floodplains.
• Fire Preparation: Maintain optimal fire readiness and response service in coordination with Riverside County and other agencies.

7.3 ON-GOING MITIGATION STRATEGY PROGRAMS
Inventory Worksheet includes the CREWS system, Palm Desert CERT, and various drainage improvements. The City’s LHMP review team will continue to review and prioritize mitigation tasks for the next five years and may likely see this list increase. This list will include an implementation process, a funding strategy, and a responsible agency.

The city procured the Matrix Consulting group in 2021 to assess the emergency services provided by CAL Fire. Their findings included a recommendation to plan and construct a fourth fire station at the intersection of Gerald Ford Drive, just north of Frank Sinatra Drive.

In October 2022, staff advertised an RFP for the design of fire station 102 (FS 102) and building assessment of fire stations 33 and 71. Staff requests approval of the design and building assessment contract at the end of January 2023. FS 102 still needs to be designed, but it is estimated to be 9,718 square feet and includes 3 Apparatus bays, dormitories, offices, living quarters, and a gym. Additionally, FS 102 is being designed to allow for future expansion. The goal of the building assessments of FS 33 and 71 is to inform city staff of the status of the fire stations and their assets and provide an in-depth analysis of renovations vs rebuild costs.

Current Mitigation Projects:

The Capital Projects Department is responsible for the delivery of some of the City’s most complex, diverse, and large-scale Capital Improvement Projects (CIP). Many aspects included in the delivery of these CIPs include feasibility studies, site design, document preparation, construction management and inspection of various capital projects. Projects can include improvements to infrastructure such as roadways, traffic control devices, bridges, flood control facilities, and other such major city public infrastructure improvements.
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Figure 7.1 – City of Palm Desert Budget / Projects
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Figure 7.2 – City of Palm Desert Capitol Improvements Projects 324
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7.4 FUTURE MITIGATION
• Continue to pursue securing funding to complete the projects identified in the Capital Improvement Plan.
• Actively pursue mitigation items listed in the General Plan. • Incorporate the 2023 Updated LHMP into the General Plan during the next update. • Ensure civic engagement and public participation through effective communication and continue implementing City services as prescribed by the City Council.

The City of Palm Desert’s mitigation strategies include:
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• Contact and establish working relationships and strategies with Coachella Valley Water District, Southern California Edison, Imperial Irrigation District, Southern California Gas Company, Verizon, and other appropriate agencies to strengthen or relocate utility facilities and take other appropriate measures to safeguard major utility distribution systems to the greatest extent practical.
• Continue to train and educate the public and business community in Palm Desert CERT and initiate other education programs, including pet owners and those with special physical or functional needs (with neighbors/business associate support).

SECTION 8.0 - PLAN IMPLEMENTATION AND MAINTENANCE

PROCESS
The requirement 201.6(c) (4) (i) states “The plan maintenance process shall include a section describing the method and schedule of monitoring, evaluating, and updating the plan in a 5-year cycle.

The City of Palm Desert plan maintenance process includes a schedule for monitoring and evaluating the Plan annually and producing plan revision every five years. The City of Palm Desert government may incorporate the mitigation strategies outlined in this Plan, in existing planning mechanisms such as the City’s General Plan and Capital Improvement Plan.

The City’s Risk Manager will be responsible for coordinating the implementation of plan action items and undertaking the formal review process. The City Manager will assign representatives from City departments, including, but not limited to, the Public Safety, Building, Planning, Public Works, Finance, and the Public Safety Commission to a LHMP Review Team Committee. These committee meetings will provide an opportunity to discuss the progress of the action items and maintain the partnerships that are essential for the mitigation plan.

The City Council will adopt the LHMP, and the City Manager (or designee) will serve as convener to facilitate the Committee meetings. Plan implementation and evaluation will be a shared responsibility among all the Committee members. While the implementation of the plan lies with the City Manager. The City Manager will assign specific mitigation strategies to appropriate departments to lead. This will ensure effective implementation occurs.

The goals and action items in the mitigation plan may be achieved through activities recommended in the City’s Capital Improvement Plans (CIP). Various City departments participate in the development of the CIP plan, which is reviewed on an annual basis. Upon annual review of the CIP, the review team will work with the City departments to identify action items in the Natural Hazards Mitigation Plan consistent with CIP planning goals and integrate them where appropriate.

Upon presentation of the LHMP for formal adoption, the recommendations listed above will be recommended for incorporation into the process of existing planning mechanisms at the City level. 327
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The City Municipal Code takes cues from state and federal regulations as well as historical events in the City in promulgating regulations and guidance. As new regulations are passed at the state and federal level, Department staff are aware of the new requirements draft updates to the Palm Desert Municipal Code for City Council approval. Changes and ordinances are presented before the City Council by way of a public hearing during which comments are sought and considered and recommendations made. The City of Palm Desert City Manager’s Office will oversee the LHMP. In coordination with other City Departments, we will monitor and evaluate our LHMP on an ongoing and annual basis for the 5-year cycle as required.

On an ongoing basis, the following will be considered:
• Funding source opportunities to include grants.
• New development entitlement and construction that provide opportunities for improvements to infrastructure and communication.
• Jurisdiction trends including population growth, demographics, and build-out patterns. • Opportunities for hazard mitigation through interagency cooperative agreements. • The annual review will assess whether:
• The goals and objectives are relevant to current and expected conditions. • Risks identified have changed or new types have been identified. • The current resources are appropriate for implementing the plan. • There are implementation problems, such as technical, political, legal, or coordination issues with other agencies.
• The outcomes occurred as expected (a demonstration of progress). • The agencies and other partners participated as originally proposed.

SECTION 9.0 - INCORPORATION INTO EXISTING PLANNING

MECHANISMS
The City of Palm Desert is aware of the hazards that face its community, as historic incidents prove that disasters continue to evolve as a common occurrence in this area. The City will continue to strive toward protecting the life, property, and economy of the City of Palm Desert.

Palm Desert also supports an all-hazard approach, encouraging information sharing between City Departments to incorporate into other planning efforts. As other plans are developed, the LHMP information will be leveraged and incorporated when other plans could benefit from a better understanding of hazards and the potential mitigation measures that can be taken. Palm Desert has several planning mechanisms which the 2023 LHMP will be incorporated into, they are the:
• General Plan Emergency Preparedness Element
• Emergency Operations Plan
• Capital Improvements Plan
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• Palm Desert Strategic Plan
• Environmental Sustainability Plan
The City of Palm Desert will be incorporating the LHMP into the City’s update to the General Plan Safety Element. As opportunities present themselves, the City will make every effort to incorporate the new LHMP information into other plans where appropriate. In the meantime, the LHMP will be utilized to assess future developments in accordance with the General Plan. In addition to reviewing future development against relevant land use and zoning regulations, building codes and fire codes, and environmental and engineering standards, it will also be reviewed against the LHMP. Proposed development projects will be assessed to determine exposure (or risk) to community hazards. The LHMP will also serve as a reference for suggested mitigation measures to reduce and/or eliminate risk from those hazards.

The City of Palm Desert has a Safety Element in its General Plan that includes a discussion of earthquakes, wind erosion, flooding, fire, climate change, landslide hazards and human-caused hazards. The City also participates in the National Flood Insurance Program which aims to reduce losses through flood plain management.

SECTION 10.0 - CONTINUED PUBLIC INVOLVEMENT
The City is dedicated to involving the public directly in review and updates of the LHMP. The LHMP Review Team Committee members are responsible for the annual review and update of the plan.

The public will also have the opportunity to provide feedback about the Plan, as a copy of the Plan will be available at the City Clerk’s office. The existence and location of available copies will be publicized through one or more of these methods:

1. Notice on the City’s social media with links to the website.

2. On the City’s Website

3. At various emergency preparedness meetings with the community.

Any notice will also contain an email address and phone number to which people can direct their comments and concerns. In addition, the plan will be presented for review at a public meeting of the Public Safety Commission after each evaluation.

The City of Palm Desert will organize and/or participate in a variety of meetings/events to share and exchange information about mitigation with stakeholders and the public. The City will use its social media platforms and when appropriate, leverage stakeholder and community social media platforms to announce the meetings/events. This City will also continue to provide public forums which gives the public and local emergency managers the opportunity to collaborate and coordinate prior to an emergency occurring.
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APPENDIX A – PUBLIC NOTICES AND MAPS
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Figure A - Survey on City Services, City of Palm Desert Website 331
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Figure B: Wind Erodibility Rating (2014)
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Figure C: Fire Hazard Severity (2014)
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Figure D: Fault Type (2014)
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Figure E : FEMA Flood Zones (2014)
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U.S. Department of Homeland Security
FEMA Region 9
1111 Broadway, Suite 1200
Oakland, CA 94607-4052
***.fema.gov
May 31, 2024
Brian MacGavin
Program Director
County of Riverside Emergency Management Department
450 E Alessandro Blvd,
Riverside, CA 92508
Dear Brian MacGavin:

The County of Riverside Operational Area Multi-Jurisdictional Local Hazard Mitigation Plan 2023 has been amended to include the City of Palm Desert as an official planning participant.

This jurisdiction must submit their adoption resolution to FEMA in order to be considered fully approved.

FEMA’s approval of the County of Riverside Operational Area Multi-Jurisdictional Local Hazard Mitigation Plan 2023 remains for a period of five years from the original approval date of April 18, 2023 for all approved participants. An updated list of the status of current participating jurisdictions is enclosed with this letter.

Prior to April 18, 2028, Riverside County and all participating jurisdictions are required to review and revise the plan to reflect changes in development, progress in local mitigation efforts, and changes in priorities, and resubmit it for approval in order to continue to be eligible for mitigation project grant funding.

The continued approval of this plan ensures Riverside County and all participating jurisdictions’ continued eligibility for project grants under FEMA’s Hazard Mitigation Assistance programs, including the Hazard Mitigation Grant Program, Building Resilient Infrastructure and Communities Program, and Flood Mitigation Assistance Program. All requests for funding, however, will be evaluated individually according to the specific eligibility, and other requirements of the particular program under which applications are submitted.

If you have any questions regarding the planning or review processes, please contact the FEMA Region 9 Hazard Mitigation Planning Team at [email protected].

Sincerely,

for Alison Kearns
Planning and Implementation Branch Chief
Mitigation Division
FEMA Region 9

EMILY W
BREEN
Digitally signed by

EMILY W BREEN
Date: 2024.05.31
20:50:34 -07'00'
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Riverside County Hazard Mitigation Plan Amendment Notice May 31, 2024

***.fema.gov
Enclosures (2)
Riverside County Annex Review Tool, dated May 31, 2024
Status of Participating Jurisdictions, dated May 31, 2024

cc: Robyn Fennig, Planning Division Chief, California Governor’s Office of Emergency Services
Victoria LaMar-Haas, Hazard Mitigation Planning Chief, California Governor’s Office of Emergency Services
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***.fema.gov
Status of Participating Jurisdictions as of May 31, 2024 Jurisdictions – Adopted and Approved
# Jurisdiction Date of Adoption
1 Riverside County April 4, 2023
2 Morongo Band of Mission Indians January 16, 2024
3 City of Beaumont December 19, 2023
4 City of Calimesa April 1, 2024
5 City of Coachella February 28, 2024
6 City of Eastvale October 25, 2023
7 City of Indian Wells February 15, 2024
8 City of Jurupa Valley October 19, 2023
9 City of Moreno Valley May 16, 2023
10 City of Palm Springs March 28, 2024
11 City of Perris April 9, 2024
12 City of Temecula July 11, 2023
13 City of Norco January 17, 2024
14 City of Wildomar December 13, 2023
15 Beaumont Unified School District September 7, 2023
16 Rancho California Water District November 9, 2023
17 Hemet Unified School District April 16, 2024
18 Western Municipal Water District February 1, 2023

Jurisdictions – Approvable Pending Adoption
# Jurisdiction
1 Twenty-Nine Palms Band of Mission Indians
2 City of Banning
3 San Jacinto Unified School District
4 City of La Quinta
5 City of Lake Elsinore
6 City of Palm Desert

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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: June 27, 2024
PREPARED BY: David Reyes, Street Maintenance Supervisor REQUEST: APPROVE AN AGREEMENT WITH SUNLINE TRANSIT AGENCY FOR

BUS SHELTER MAINTENANCE IN AN AMOUNT NOT TO EXCEED
$97,383 PER FISCAL YEAR
RECOMMENDATION:

1. Approve a one-year agreement plus extensions, with Sunline Transit Agency for the annual maintenance of the City of Palm Desert’s bus shelters in an amount not to exceed $97,383 per fiscal year.

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

3. Authorize the City Manager to review and approve written contract amendments and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code.

4. Authorize the City Manager to execute the service provider agreement.

BACKGROUND/ANALYSIS:

In November 1990, the City of Palm Desert (City) and Sunline Transit Agency (Sunline) entered into an agreement related to the placement of bus shelters, maintenance of shelters, and advertising requirements pertaining to the bus shelters within Palm Desert.

In July 2008, the City Council approved a revised bus shelter maintenance agreement to compensate Sunline at a fixed rate per shelter, but discontinued advertising from shelters within the City limits. The agreement included automatic renewals without a specified end date.

Historical annual costs are as follows:

FYE Annual Cost
2015-2019 $68,690/Year
2020 $77,000
2021-2024 $78,620/Year
2025-2029* $97,383/Year
In July 2019, the City Council approved an increase to the annual agreement based on Sunline’s actual costs for labor, fuel, and cleaning supplies for the maintenance of the 48 shelters within Palm Desert. That amount was again adjusted in 2020 and expires June 30, 2024.

Sunline has provided a new proposal and service provider agreement. Sourcing with Sunline is recommended due to their long-standing partnership with the City, specialized expertise in bus operations, and proven effectiveness and reliability, ensuring continuity and high-quality service without disruption. The proposal includes monthly maintenance for 45 active shelters at $7,853.40/month and 3 inactive shelters at $261.81/month for a total monthly maintenance cost 341
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Sunline Bus Maintenance

of $7,845.21; and an annual cost of $97,382.52. The agreement includes provisions for (4) oneyear automatic renewals and suggests potential increases in the future, if warranted.

Staff has analyzed the costs to administer the bus shelter maintenance internally and found it more cost effective to contract with Sunline at this time. Costs for the City to provide similar services, would include a one-time expenditure to purchase cleaning equipment (truck equipped with pressure washer), and ongoing costs for a crew member. Staff will reconsider this option as new Public Works crew members are onboarded to accommodate current City growth and possibly include this in their scope of work if cost savings can be achieved.

FINANCIAL IMPACT:

Funding for bus shelter maintenance has been included in the FY 2024-25 Proposed Budget in Account No. 1104310-4332000 (Repair and Maintenance Streets). Therefore, there is no additional financial impact to the General Fund. Future fiscal year amendments will be contingent upon budget approval and City Manager approval of any notification with supplementary documentation to support requests for increase from Sunline.

ATTACHMENTS:

1. Sunline Proposal

2. Service Provider Agreement
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Contract No.

SERVICE PROVIDER AGREEMENT

BY AND BETWEEN

THE CITY OF PALM DESERT AND

SUNLINE TRANSIT AGENCY
THIS SERVICE PROVIDER AGREEMENT (hereinafter, the "Agreement") is made and entered into this 27th day of June, 2024, by and between the City of Palm Desert, a municipal corporation located in the County of Riverside, State of California, hereinafter referred to as the "City," and Sunline Transit Agency, a joint powers agency in the State of California, hereinafter referred to as "Service Provider." RECITALS:

WHEREAS, the City desires to enter into an agreement for services pertaining to inspection, maintenance, washing, emptying of trash receptacles, removal of graffiti, and painting of bus stops and shelters throughout the City (hereinafter, the "Services"); and WHEREAS, the City desires to retain the services of a qualified service provider to provide the Services on an independent contractor's basis; and

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS AND

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE

CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:

Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth in full herein.

Section 2. SCOPE OF SERVICES, EXTRA WORK
a. Service Provider shall perform the Services specifically described in the Scope of Services at the locations stated in the Bus Shelter List, attached hereto and incorporated herein by this reference as Exhibit "A" and Exhibit "B," respectively. In the event any conflict exists between this Agreement minus the Scope of Services, on the one hand, and the Scope of Services, on the other hand, the former shall supersede. b. At any time during the term of this Agreement, the City may request that Service Provider perform Extra Work. As used herein, "Extra Work" means any work which is determined by the City to be necessary for the proper completion of the Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Service Provider shall not perform, nor be compensated for, Extra Work without written authorization from the City.

Section 3. TERM
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Service Provider shall perform those services set forth in the Scope of Services during the term of this Agreement, which shall commence as of July 1, 2024, and continue until June 30, 2025. The Agreement shall automatically renew for one (1) year, for four (4) consecutive years, unless either party shall give written notice to the other party of its intention not to renew, by no later than sixty (60) days prior to the expiration of the Agreement term.

Section 4. COMPENSATION
For the first year of this Agreement, Service Provider shall be paid compensation in the total amount, not to exceed ninety-seven thousand three hundred and eighty-two dollars and fifty-two cents ($97,382.52) per fiscal year ($7,845.21 per month) for the services rendered by Service Provider pursuant to this Agreement.

Service Provider shall calculate actual costs to provide services on an annual basis. Notification of any changes to rates included in Exhibit A will be made to the City no later than the February 28th of each year prior to renewal, subject to budget and City Manager approval. City may request that the City and Service Provider meet and confer regarding any proposed changes to rates.

Section 5. METHOD OF PAYMENT
a. Service Provider shall invoice the City monthly for the performance of the services under this Agreement in the amount agreed upon by the parties herein. b. Service Provider shall be paid the amount specified in the invoice within 30 days of receipt by the City, provided that the services reflected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement.

Section 6. INDEPENDENT CONTRACTOR’S STATUS
Service Provider shall at all times during the term of this Agreement perform the services described in this Agreement as an independent contractor, and hereby waives any claims for any compensation or benefits afforded to City employees and not to independent contractors.

Section 7. [RESERVED]
Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS REGARDING

INDEPENDENT CONTRACTOR'S STATUS OF SERVICE PROVIDER
a. Service Provider represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to Service Provider or its employees in order for Service Provider to perform 346
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the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. (3) The services described in this Agreement can be performed without the use of City equipment, materials, tools or facilities. (4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Service Provider on a continuing basis after termination of this Agreement. (5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage or other such compensation to any person employed by Service Provider to perform the services described in this Agreement.
(6) Service Provider shall not at any time or in any manner represent that it or any of its officers, employees, or agents are "employees" of the City.
b. The City represents and acknowledges the following:
(1) Service Provider is solely responsible for determining who, under the supervision or direction of Service Provider, will perform the services set forth in this Agreement.
(2) The City will not hire, supervise or pay any assistants working for Service Provider pursuant to this Agreement.
(3) Nothing in this Agreement shall be interpreted to imply that Service Provider must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement. (4) Service Provider is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement.
(5) Nothing in this Agreement shall be interpreted to preclude Service Provider from working for other persons or firms, provided that such work does not create a conflict of interest.
(6) Service Provider is not required to perform the services set forth in this Agreement in any particular order or sequence.
(7) It is the sole responsibility of Service Provider to set the hours in which Service Provider performs or plans to perform the services set 347
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forth in this Agreement.

Section 9. NOT AGENT OF THE CITY
a. Nothing contained in this Agreement shall be deemed, construed or represented by the City or Service Provider or by any third person to create the relationship of principal and agent.
b. Service Provider shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Service Provider have any authority, express or implied, to bind the City to any obligation whatsoever.

Section 10. WARRANTY
Service Provider warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services.

Section 11. FAMILIARITY WITH WORK
a. By executing this Agreement, Service Provider warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. b. Should Service Provider discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform the City of such fact and shall not proceed except at Service Provider's risk until written instructions are received from the City Manager or his or her designee.

Section 12. EQUAL OPPORTUNITY EMPLOYMENT
Service Provider represents that it is an equal opportunity employer and shall not discriminate against any subcontractor, employee, or applicant ("person") for employment because of race; denial of family and medical care leave; religious creed (including religious dress and grooming practices); color; national origin (including language use restrictions); ancestry; physical disability or mental disability (including HIV and Aids); medical condition (cancer and genetic characteristics); genetic information; military or veteran status; marital status; gender, gender identity, and gender expression; sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding); age or sexual orientation. Unless otherwise permitted under the law, Service Provider shall not refuse to hire or employ any such person or refuse to select any such person for a training program leading to employment, or bar or discharge any such person from employment or from a training program leading to employment, or otherwise discriminate against any such person in compensation or in terms, conditions, or privileges of employment.
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Section 13. CONFLICTS OF INTEREST
Service Provider covenants that it does not have any interest, nor shall it acquire an interest, directly or indirectly, which would conflict in any manner with the performance of Service Provider's services under this Agreement. In the event the City officially determines that Service Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Service Provider shall file the subject Form 700 with the City Clerk's Office pursuant to the written instructions provided by the Office of the City Clerk.

Section 14. COMPLIANCE WITH LAWS; LICENSING AND PERMIT

REQUIREMENTS
a. Service Provider shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Service Provider and/or its employees, officers, or board members.
b. Service Provider represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

Section 15. INSURANCE REQUIREMENTS
a. Service Provider shall procure and maintain at its own expense, during the term of this Agreement, comprehensive general liability insurance of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Service Provider or its officers, employees, servants, volunteers and agents and independent contractors. Service Provider shall provide insurance on an occurrence, not claims-made basis. Service Provider acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an "offense" while bodily injury and property damage coverage shall be triggered by an "occurrence" during the policy period.
b. Service Provider shall further procure and maintain at its own expense, until completion of performance and acceptance by the City, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, and Two Million Dollars ($2,000,000) in the aggregate, covering any vehicle utilized by Service Provider or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement.
c. Service Provider agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Service Provider enters into 349
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contracts or whom Service Provider hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and name as additional insureds the parties to this Agreement. Service Provider agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section.
d. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Service Provider agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City's review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated. e. Service Provider agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Services, Service Provider shall be responsible for any losses, claims, suits, damages , defense obligations, or liability of any kind or nature attributable to the City or its officers, employees, servants, volunteers , agents and independent contractors.

Section 16. WORKERS' COMPENSATION INSURANCE
a. Service Provider shall procure and maintain at its own expense, during the term of this Agreement, workers' compensation insurance, providing coverage as required by the California State Workers' Compensation Law. b. If any class of employees employed by the Service Provider pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Service Provider shall provide adequate insurance for the protection of such employees to the satisfaction of the City. Service Provider agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Services to do the same.

Section 17. ADDITIONAL NAMED INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
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Section 18. WAIVER OF SUBROGATION RIGHTS
Service Provider shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its officers, volunteers, employees, contractors and subcontractors.

Section 19. INSURANCE DOCUMENTATION
a. Service Provider shall secure from a good and responsible company or companies authorized to do insurance business in the State of California the policies of insurance required by this Agreement and furnish to the City certificates of said insurance with original endorsements on or before the commencement of the term of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
b. Each policy required herein must be endorsed to provide that the policy shall not be cancelled or reduced in coverage by either party (except by paid claims) unless the insurer has provided the City with 30 days prior written notice of cancellation or reduction in coverage .
c. All insurance policies required to be provided by Service Provider or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and its officers, employees, servants, volunteers, agents and independent contractors.

Section 20. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either party at any time provided that the respective party provides the other party at least thirty (30) business days written notice of such termination or suspension. b. This Agreement may be terminated or suspended with cause by either party at any time provided that the respective party provides the other party at least ten (10) business days' written notice of such termination or suspension. c. In the event of a termination of this Agreement under this section, Service Provider shall provide all documents, reports, data or other work product developed in performance of the Scope of Services of this Agreement to the City, within ten (10) calendar days of such termination and without additional charge to the City.

Section 21. TIME OF THE ESSENCE
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Time is of the essence in the performance of this Agreement.

Section 22. INDEMNIFICATION
a. Service Provider shall defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect, (including any and all costs and expenses in connection therewith), arising out of the performance of this Agreement, except for any such claim arising out of the negligence or willful misconduct of the City, its officers, agents, employees or volunteers. b. The City does not, and shall not; waive any rights that it may have against Service Provider under this section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement.

The hold harmless, indemnification and duty to defend provisions of this section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. c. Notwithstanding the provisions of subsections a. and b. of this section, Service Provider shall not be responsible for damages or be in default or deemed to be in default by reason of delay caused by strikes, lockouts, accidents, or acts of God, or the failure of the City to furnish timely information or to approve or disapprove Service Provider's work promptly, or by reason of delay or faulty performance by the City, construction contractors, or governmental agencies, or by reason of any other delays beyond Service Provider's control, or for which Service Provider is without fault.

Section 23. BOOKS AND RECORDS
a. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three years, or for any longer period required by law, from the date of final payment to Service Provider pursuant to this Agreement. b. Service Provider shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall, when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Service Provider's address indicated for receipt of notices in this Agreement. 352
Contract No.

d. Where the City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Service Provider's business, the City may, by written request of any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained at City Hall. Access to such records and documents shall be granted to any party authorized by Service Provider, Service Provider's representatives, or Service Provider's successor-in-interest.

Section 24. OWNERSHIP OF DOCUMENTS
All plans, studies, documents and other writings prepared by and for Service Provider, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Service Provider for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Service Provider or to any other party. Service Provider shall, at their expense, provide such reports, plans, studies, documents and other writings to the City upon written request.

Section 25. CONFIDENTIALITY
a. All ideas, memoranda, specifications, plans, procedures, drawings, photographs, descriptions, computer program data, input record data, written information, and other documents and data either created by or provided to Service Provider in connection with the performance of this Agreement shall be held confidential by Service Provider. Such materials shall not, without prior written consent of the City, be used by Service Provider for any purposes other than the performance of the services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Service Provider which is otherwise known to Service Provider or is generally known, or has become known, to the related industry shall be deemed confidential. b. Service Provider shall not use the City's insignia or photographs relating to the project for which Service Provider's services are rendered, or any publicity pertaining to the Service Provider's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the City.

Section 26. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both parties.

Section 27. BACKGROUND CHECKS
At any time during the term of this Agreement, the City reserves the right to make 353
Contract No.

an independent investigation into the background of Service Provider's personnel who perform work required in the Scope of Services, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the Services will be rendered or City Hall. If the City makes a reasonable determination that any of Service Provider's prospective or then current personnel is deemed objectionable, then the City may notify Service Provider of the same. Service Provider shall not use that personnel to perform work required in the Scope of Services, and if necessary, shall replace him or her with another suitable worker.

Section 28. ENTIRE AGREEMENT
a. This Agreement supersedes any and all other agreements, either oral or written, between the City and Service Provider with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement.
c. No agreement, statement, or promise not contained in this Agreement shall be valid or binding.

Section 29. AMBIGUITIES
This Agreement is in all respects intended by each party hereto to be deemed and construed to have been jointly prepared by the parties and the parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except, as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.

Section 30. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:

To the City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attn: City Manager
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Contract No.

To Service Provider: Sunline Transit Agency
32-505 Harry Oliver Trail
Thousand Palms, CA 92276
Attn: Chief Executive Officer / General Manager
b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 31. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to Service Provider, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to Service Provider or to its successor, or for any breach of any obligation of the terms of this Agreement.

Section 32. REVIEW BY ATTORNEYS
Each party hereto has had its attorneys review this Agreement and all related documents. Each party hereto has consulted with its attorneys and has negotiated the terms of this Agreement based on such consultation.

Section 33. WAIVER
a. No waiver shall be binding, unless executed in writing by the party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. c. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

Section 34. ASSIGNMENT AND SUBCONTRACTING
a. The experience, knowledge, capability and reputation of Service Provider, its principals and employees were a substantial inducement for the City to enter into this Agreement. Assignments of any or all rights, duties or obligations of the Service Provider under this Agreement will be permitted only with the written consent of the City. b. Service Provider shall not subcontract any portion of the work to be performed under this Agreement without the written consent of the City. If the City consents to such subcontract, Service Provider shall be fully responsible to the City for 355
Contract No.

all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as required by law.

Section 35. CARE OF WORK
The performance of services by Service Provider shall not relieve Service Provider from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Service Provider.

Section 36. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Section 37. SUCCESSORS, HEIRS AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each parties.

Section 38. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.

Section 39. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 40. DEFAULT
a. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within fifteen (15) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default 356
Contract No.

hereunder.
b. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. c. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of .any rights or remedies associated with a default.
d. In the event that a default of any party to this Agreement may remain uncured for more than fifteen (15) calendar days following written notice, as provided above, a "breach" shall be deemed to have occurred. In the event of a breach, the injured party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.

Section 41. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other party.

Section 42. VENUE
All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California.

Section 43. LITIGATION EXPENSES AND ATTORNEY'S FEES
In the event any action, suite or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof.

Section 44. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City, until signed by the authorized 357
Contract No.

representative(s) of Service Provider, and approved as to form by the City Attorney, and executed by the City Manager or his or her designee.

Section 45. NO THIRD PARTY BENEFICIARIES
The parties do not intend the benefits of this Agreement to inure to any third party, nor shall any provision of this Agreement be so construed.

Section 46. LABOR LAWS
a. All work or services performed within the State of California pursuant to this Agreement by Service Provider, Service Provider's employees and independent contractors, or contractor's subcontractors and its subcontractors' employees and independent contractors shall be performed by individuals lawfully permitted to perform such work or services in the State of California and/or the United States of America pursuant to all applicable State and/or Federal labor laws, rules and regulations including, but not limited to, any State or Federal law, rule or regulation prohibiting the employment of undocumented workers or any other person not lawfully permitted to perform said work or services in the State of California or the United States of America . b. Documentation must be promptly submitted to the City at any time, at the request of the City, for the purpose of determining whether or not the work or services provided pursuant to this contract are being provided in compliance with this section.

Section 47. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING

AGREEMENT
a. Each of the parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the parties hereto. b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the parties each purports to represent.

Section 48. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original.

CITY OF PALM DESERT SUNLINE TRANSIT AGENCY
L. Todd Hileman Mona Babauta
City Manager CEO/General Manager
358
Contract No.

ATTEST:

Anthony J. Mejia
City Clerk

APPROVED AS TO FORM APPROVED AS TO FORM
Isra Shah Catherine J. Groves
Best Best & Krieger LLP General Counsel
359
Contract No.

EXHIBIT "A" SCOPE OF SERVICES
Scope of Services
Service Provider Agreement City of Palm Desert Bus Shelter Maintenance  Each active and inactive bus stop and shelter is inspected, serviced, and repaired to the extent needed on weekdays, including holidays with the exception of Thanksgiving Day and Christmas Day. Emergency responses are provided weekends as needed.
 Every high volume bus stop and shelter is pressure washed weekly. The high volume stops are numbers 065, 067, 063, 062, 071, 536, 069, 540, Lower volume bus stops and shelters are washed as needed.
 Trash is removed on an as needed basis on weekday review or weekend report (receptacle near full or overflowing, or odor issues).
 Graffiti is painted over or removed upon discovery (within next weekday following report, or urgent same day callout if it includes offensive material).  Shelter amenities, including but not limited to stucco, benches, and waste containers, shall be repaired promptly on an as needed basis, when possible within 24 hours of discovery depending on the extent of the repair and the materials and equipment required.
 Shelter lighting shall be repaired promptly on as needed basis, if possible within 24 hours of discovery depending on the extent of the repair and the materials and equipment required.
 Inactive (out of service) bus shelters are inspected, serviced, and repaired to the same level as active bus shelters.
 Amenities shall be painted on as needed basis, and Lexan and Makralon schedule covers and schedules shall be replaced on as needed basis.

Monthly Maintenance charge per active shelter = $174.52 X 45 X (12 months) = $94,240.80 annual cost (City/Developer Shelters)
Monthly Maintenance Charge per inactive shelter = $87.27 X 3 X (12 months) = $3,141.72 annual cost
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Contract No.

EXHIBIT B – “BUS SHELTER LIST”
Bus Stop On Street Cross Street
55 Cook Hovley
56 Cook Joni
62 Monterrey Fred Waring
63 Monterrey Hahn
65 Town Center Hahn
67 Town Center Hahn
69 Fred Waring Monterrey
70 Highway 111 San Luis Rey
71 Highway 111 Fred Waring
72 Highway 111 Deep Canyon
73 Highway 111 Deep Canyon
74 Highway 111 Cabrillo
76 Highway 111 San Pablo
77 Fred Waring San Anselmo
80 Washington Dudley
149 Monterrey Park View
198 Monterrey Fred Waring
205 Gerald Ford Cook
206 Cook Berger
209 Cook University
223 Fred Waring Washington
267 Country Club Via Portofino
271 Cook Country Club
272 Fred Waring Town Center
273 Cook Sheryl
275 Cook Aztec
340 Monterrey Hovley
341 Fred Waring Highway 111
536 Highway 111 Desert Crossing
539 Highway 111 San Pablo
540 Highway 111 Portola
569 Highway 111 San Luis Rey
572 Fred Waring San Pablo
573 Fred Waring Monterrey
715 Washington Hovley
778 Monterrey San Gorgonio
839 Harris Washington
840 Washington Avenue 41
858 San Pablo Guadalupe
873 Highway 111 Monterrey
946 Fred Waring San Anselmo
948 Cook Santa Fe
951 Cook Hovley
953 Country Club Desert Willow
962 Cook Country Club
953 * Country Club Desert Willow
858 * San Pablo Guadalupe
268 * Country Club Via Portofino
* Inactive City Shelters
361
362

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: June 27, 2024
PREPARED BY: Chris Escobedo, Assistant City Manager
REQUEST: ADOPT RESOLUTION IN RECOGNITION OF LGBTQ PRIDE MONTH RECOMMENDATION:

Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, ESTABLISHING A POLICY RELATED TO LGBTQ PRIDE MONTH COMMEMORATIONS.”
BACKGROUND/ANALYSIS:

At the City Council Meeting of June 13, 2024, staff sought direction from the City Council on recognition of LGBTQ Pride Month. The City has included Pride Month and Greater Palm Springs Pride as a part of its 2024 list of social media commemorations. In June 2023, the City Council also issued a proclamation in commemoration of Pride Month. Staff presented several options for the City Council to consider for recognizing Pride Month in 2024 and beyond. Based on the City Council’s direction, the following actions will be implemented:

1. Issuance of Proclamation: A proclamation for Pride Month will be issued at the June 27, 2024, City Council Meeting.

2. Annual Request Process: Each May, staff will forward a request to recognize Pride Month to the Mayor and Mayor Pro Tem for consideration for recognition in June.

3. Social Media Commemorations: Pride Month is included in the City’s 2024 social media commemorations and will be recommended for inclusion in future social media commemorations.

4. Local Celebration in November: While Pride is internationally recognized in June, it is locally celebrated in November due to cooler weather. Local celebrations include the Palm Springs Pride Parade.

5. Participation in Palm Springs Pride Parade: Upon receiving the request for participation in the Palm Springs Pride Parade, staff will circulate it to Council Members and staff.

Interested Council Members and staff will be eligible to participate in the event and represent the City.

6. City Hall Banners: The City will display a banner at City Hall in November to commemorate Pride Month and coincide with local events.

In order to memorialize the City Council’s direction, staff is recommending adoption of this resolution.
363
City of Palm Desert
(Adopt Resolution in Recognition of Gay Pride Month)

Legal Review:

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

FINANCIAL IMPACT:

The cost of a banner is $350, and funds are included in the FY 2024-25 Proposed Budget.

ATTACHMENT:

1. Resolution
364
RESOLUTION NO. 2024-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, ESTABLISHING A POLICY RELATED TO

LGBTQ PRIDE MONTH COMMEMORATIONS
WHEREAS, the City staff sought direction provided direction on the recognition of LGBTQ Pride Month on June 13, 2024; and
WHEREAS, the City of Palm Desert will issue a Proclamation for Pride Month on June 27, 2024; and
WHEREAS, each May the City staff will forward a request to recognize Pride Month to Mayor and Mayor Pro Tem for consideration for recognition in June; and WHEREAS, the City staff included Pride Month in the City’s 2024 social media commemorations and recommended for future social media commemorations; and WHEREAS, the City of Palm Desert knows internationally that Pride is celebrated in June but will celebrate Pride in November due to cooler weather; and WHEREAS, upon request for participation in the Palm Springs Pride Parade, staff will circulate to Council members and staff. Those interested will be sent to participate in the event and represent the City; and
WHEREAS, the City will display a banner at City Hall in November to commemorate Pride Month and coincide with local events.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows:

1. As part of the City’s commitment to the City’s Diversity and Inclusion, the City recognizes, values, and will proactively work to promote diversity and inclusion within Palm Desert; and

2. The City will protect the rights and privileges of everyone in Palm Desert, regardless of religion, race, nationality, country of birth, immigration status, disability, gender, sexual orientation, or gender identity; and

3. The City will promote actual safety, a sense of security, and equal protection of constitutional and human rights, leading by example through equitable treatment of all by City officials and departments.
365
Resolution No. 2024-_______ Page 2
ADOPTED ON JUNE 27, 2024.

KARINA QUINTANILLA, MAYOR
ATTEST:

ANTHONY J. MEJIA, CITY CLERK
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 June 27, 2024, 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
366

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: June 27, 2024
PREPARED BY: Gary Shaffer, Director of Library Services REQUEST: APPROVE RESOLUTION ADOPTING POLICY NUMBERS 001-013;

COLLECTIVELY REFERRED TO AS THE PALM DESERT LIBRARY

POLICY MANUAL
RECOMMENDATION:

1. Approve a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING LIBRARY POLICIES”.

2. Authorize the City Manager, through the Library Services Director, to uphold and enforce the policy terms.

BACKGROUND/ANALYSIS:

The City has assumed local library services from the County of Riverside and its library operator LSS, with operations beginning July 1, 2024. In preparation for this, the City Council needs to adopt the policies of the library to commence operations.

In order to ensure the effective delivery of service and to provide full access to library resources, libraries develop policies to address customer use and library expectations. The library serves all customers equally and is open to everyone. The goal is to create a secure, relaxing, and pleasant place to learn and explore.

The development of the policies is intended to govern circulation of materials, code of conduct, collection, development, and more to ensure effective delivery of service and provide full access to library resources, in addition to maintaining a safe and healthy environment, This action will adopt the following governing policies for the Palm Desert Library:

LIBR 001 - Borrower Registration Policy
Outlines the guidelines and requirements for obtaining a library card.

LIBR 002 - Circulation Policy
Outlines the borrowing rules and limits for library materials.

LIBR 003 - Code of Conduct
Outlines the behavior expectations for those visiting the library.

LIBR 004 - Collection Development
Outlines the selection and maintenance guidelines of library collections.

LIBR 005 - Community Room Policy
Outlines the use guidelines for the library’s community room.

LIBR 006 - Computer Use & Booking Policy
Outlines computer use, booking, and printing expectations for the library.

LIBR 007 - Filming and Photography Policy
Outlines filming and photography allowances and limits for the library. 367
City of Palm Desert
Resolution No. ___ Approving Library Policy No’s CM-LIB 010-013

LIBR 008 - Inter Library Loan Policy
Outlines the borrowing services from other libraries available to customers.

LIBR 009 - Mobile Library Policy
Outlines guidance for mobile library vehicle operations and procedures.

LIBR 010 - Privacy and Confidentiality Policy
Outlines the privacy and confidentiality provisions customers can expect.

LIBR 011 - Public Distribution of Materials Policy
Outlines the allowances and limits of distribution of materials in the library.

LIBR 012 - Study Room Policy
Outlines the usage of library study rooms.

LIBR 013 - Video Surveillance Policy
Outlines the usage of security cameras in the library and defers to the City of Palm Desert policy on the topic.

Legal Review:

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

FINANCIAL IMPACT:

The adoption of these policies has no direct financial impact on the General Fund. Policy No. 002 entitled, “Circulation Policy,” does establish customer fees for lost or damaged library materials.

ATTACHMENT:

Library Policies Resolution
Exhibit A: Draft Library Policies
368
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RESOLUTION NO. 2024- ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM DESERT, CALIFORNIA, ADOPTING LIBRARY

POLICIES
WHEREAS, the City Council recognizes its responsibility and obligation to foster efficient and safe library services and further recognizes the importance of the wellbeing and comfort of City of Palm Desert (City) library customers; and WHEREAS, it is the desire of the City Council to provide for the efficient, economical, effective, and safe control over the creation, organization, maintenance, use, and disposition of the City’s library; and
WHEREAS, the City’s library policies, offer a comprehensive instruction guide for the library’s collection development, computer usage, customer behavior, library fees, privacy and confidentiality and related operations; and
WHEREAS, the declared purpose of the Library Policies is to establish the authority and assign responsibility for carrying out the comprehensive operations of the library and to create the administrative framework through which the library’s purposes are to be achieved; and
WHEREAS, library operations demonstrates to legal and regulatory authorities that the City is making every reasonable effort to operate an effective and efficient library in a responsible manner and in accordance with federal, state, and local regulations, applicable guidelines, and good business practices.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows:

Section 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.

Section 2. The Library Policies as set forth in Exhibit “A” are hereby adopted in their entirety.

Section 3. The City Clerk shall certify the adoption of this resolution. 369
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PASSED, APPROVED, AND ADOPTED BY THE PALM DESERT CITY COUNCIL THIS 27 DAY OF JUNE, 2024.

KARINA QUINTANILLA, MAYOR
ATTEST:

ANTHONY J. MEJIA, CITY CLERK

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM DESERT )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Desert, hereby certify that Resolution No. ____ 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 June 27, 2024, 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, this 27 day of June, 2024.

ANTHONY J. MEJIA, CITY CLERK
370

CITY OF PALM DESERT
Subject Borrower Registration Policy
Policy No. LIBR-001
Date Issued: June 27, 2024
Amended: N/A
Approved by Resolution No. {2024-XX}
Authored by Library Services
I. PURPOSE
A. This policy outlines the guidelines and requirements for obtaining a library card at the Palm Desert Library.

II. SCOPE/APPLICATION FOR A LIBRARY CARD
A. Any person of any age may apply for a library card at the Palm Desert Library.

A card is issued if the person has acceptable identification. The Palm Desert Library participates in universal borrowing, which, according to the California Library Services Act, means "the extension by a public library of its direct loan privileges to the eligible borrowers of all other public libraries." Out-of-state residents will be eligible for a regular library card. Customers who are otherwise not eligible for a free library card can apply for an Internet Use card that allows them to use the Library’s public computers and e-resources.

III. IDENTIFICATION REQUIRED FOR A LIBRARY CARD
A. Adults (age 18 or older): Must present a valid Government ID or current school-issued photo ID for a new Library card.

B. Juveniles: To obtain a new Library card, the juvenile’s parent or responsible guardian must present a valid Government ID or current school-issued photo ID. Juvenile applicants may present a completed and signed Library application in lieu of a parent being present.

C. Acceptable types of valid Government-issued photo ID include:
i. State issued photo ID
ii. Consular cards
iii. Federal ID including Military or Tribal
iv. Passport
IV. LIBRARY USE CARD
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A. Library cards are non-transferable, and it is the customer’s responsibility to monitor the use of his or her own card. Customers can verify their account information to staff in person, via email, or over the phone to renew their Library card.

V. REPLACEMENT CARD
A. If a library card is reported lost or stolen, or it is damaged, the first replacement will be free. Additional library card replacements will be charged a $1.00 fee. The account must be in good standing before a replacement can be issued. Fees and account information will remain when a new card number is issued. Valid Government or current school-issued photo identification is required to issue an adult replacement card. Juvenile replacement cards will be issued with a completed Library Card Application or authorizing parent present.
372

CITY OF PALM DESERT
Subject Circulation Policy
Policy No. LIBR-002
Date Issued: June 27, 2024
Amended: N/A
Approved by Resolution No. {2024-XX}
Authored by Library Services
I. PURPOSE
A. This policy outlines the circulation policy for the Palm Desert Library.

II. SCOPE
A. The Palm Desert Library will make available a wide range of materials in various formats for customer use. This policy establishes circulation guidelines to encompass materials borrowing and use.

B. LIBRARY CARDS
i. To check out materials, each library customer must have a valid library card. There is no charge for the initial library card for any resident of California. Lost or damaged cards will be replaced at no charge the first time. Additional library card replacements will be charged a $1.00 fee.

Library cards are non-transferable. Each library cardholder may have up to 30 items checked out at a time. The following item checkout limitation exists for each card:

1. Printed Materials (books and magazines): 30 per card

2. DVDs & Blu-Rays: 30 per card, not to exceed 30 total items

3. Audiobooks: 30 per card, not to exceed 30 total items

4. Link+: 20 items
C. LOAN PERIODS AND NUMBER OF RENEWALS ALLOWED
i. Books: 14 days; 5 renewals
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ii. Sound Recordings: 14 days; 5 renewals
iii. DVD & Blu-Rays: 14 days; 5 renewals
iv. Magazines: 14 days; 2 renewals
v. Interlibrary Loan: 1 renewal
vi. Kits: 2 renewals
vii. Link+: 21 days
III. TRANSACTIONAL PROCEDURES
A. HOLDS
i. If an item is not available, a customer can place a hold on it. There is no charge for placing a hold on an item. Some items may not be holdable. All holds must be checked out on the card that placed the request. There is a maximum of 30 holds per card. Cardholders can place holds on up to 30 books, DVDs, sound recordings, and other materials. Link+ materials have a maximum of 20 holds at a time.

B. INTERLIBRARY LOANS
i. If an item is not available to borrow from the Library’s collection, it can be requested via Interlibrary Loan from another library system. There will be a $3.00 charge for Interlibrary Loans. All Interlibrary Loans are reviewed by professional staff. Loans, loaning periods, and renewals are at the discretion of the loaning institution.

C. RECOVERING OVERDUE MATERIALS
i. The Palm Desert Library will attempt to notify the customer three (3) days after the item is due, and again ten (10) days after the item is due. Thirty (30) days after the item is due, if it is still not returned, a bill notification is sent to the customer requesting that the item be returned or the cost of the item be paid.

D. LOST MATERIALS
i. A lost item is library material that is not returned to the Library. Items not returned within thirty (30) days of the due date are considered lost. Items reported lost, misplaced, or missing by a customer are also considered lost.

It is the responsibility of customers to return materials or be subject to a replacement fee for the item. If a customer locates an item within thirty (30) days of payment, the item, returned with a receipt, can receive a refund at the Library which initially accepted payment, in the original payment form.

E. DAMAGED MATERIALS
i. A damaged item is an item that is not returned in the condition in which it was borrowed. Damage includes, but is not limited to wet, stained, scratched, chipped, sticky, sandy, chewed, odiferous, missing pages, written in, or missing pieces. It is the responsibility of the customer to return items in the same condition as when the item was borrowed or be subject to a replacement fee for the item. It is the responsibility of the customer to report any existing damage at the time an item is checked out.

F. CLAIMS RETURNED MATERIALS
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i. A Claims Returned item is a library material that was borrowed, which the customer then claims the item was returned but the library’s inventory system does not identify it as returned. If a library customer is notified that they have not returned an item and the customer claims they have returned it, library staff will check the shelf for the item and if it is not located, may set the item to Claims Returned. A customer is only allowed to have five items with a Claims Returned/Claims Never Had status. Additional items will be marked as Lost and patrons will be responsible for the replacement.

G. CLAIMS NEVER HAD MATERIALS
i. A Claims Never Had item is a library material that appears on a customer’s library account, but that they claim was never borrowed. If a library customer is notified that they have not returned an item and they claim they never borrowed the item, library staff may set the item to Claims Returned.

The item will remain on the customer’s account with a Claims Returned status until the item is found. A customer is only allowed to have five items with a Claims Returned/Claims Never Had status. Additional items will be marked as Lost and patrons will be responsible for the replacement. This policy will also apply for items checked out, but the customer reports the case was empty.

H. REFUNDS
i. Refunds will be issued for paid lost items within 30 days. After 30 days, refunds cannot be processed. The item returned must be in good condition:
no water damage, torn pages, or cover, or handwriting on pages. 375

CITY OF PALM DESERT
Subject Code of Conduct Policy
Policy No. LIBR-003
Date Issued: June 27, 2024
Amended: N/A
Approved by Resolution No. {2024-XX}
Authored by Library Services
I. PURPOSE
A. This policy outlines the code of conduct policy for the Palm Desert Library.

II. SCOPE
A. The Palm Desert Library is open to the general public. This policy ensures that everyone has the right to use Library services and resources provided their behavior does not unreasonably interfere with the rights of others to do the same. This policy requires the following specific behaviors be observed in the Library:

B. GENERAL BEHAVIOR
i. Behavior must not disrupt other people’s use of the Library. ii. Library customers must be considerate of others in the Library and treat other customers, staff, and volunteers with courtesy and respect. Honor other customers’ privacy and keep all conversations at a reasonable noise level. Loud, abusive, or threatening language will not be tolerated. iii. Any action recognized as illegal is prohibited in the Library, including possession or use of firearms, weapons, and illegal or controlled substances.
iv. Electronic devices, including cell phones, must be set to mute or vibrate in the Library. Volume from devices must be inaudible to others. Phone and video conversations must be taken outside of the Library buildings. v. Food and beverages may only be consumed in designated areas. All beverages must have a lid in the Library.
vi. If a person creates or emanates a detectable odor, including that of controlled substances, that disturbs other Library customers or staff, they will be asked to leave until the situation is corrected. vii. Bicycles are not permitted in Library buildings. Skates, skateboards, collapsible scooters, wheelies, hoverboards, and other such items may not be used in Library entryways or walkways and must be kept out of passageways.
viii. Shopping carts or other wheeled conveyances, except medically required equipment or strollers and wheelchairs carrying people, are not allowed in the Library.
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ix. Smoking, vaping, or use of tobacco products is not allowed in the Library or within 20 feet of entryways. Smoking includes holding, carrying, burning, emitting, inhaling, or exhaling the fumes or vapor of a lighted or activated pipe, cigar, cigarette, or any electronic smoking device. x. The consumption or possession of alcohol is prohibited on the premises except for special events whose organizers have obtained appropriate approvals.
xi. Customers are not permitted to enter the Library with more than two backpacks, suitcases, or other large parcels or any combination of these, and these items may not be left unattended. The Library is not responsible for unattended items in the Library.
xii. Animals other than service animals are not allowed in the Library. “Service animal” means a dog that has been individually trained to do work or perform tasks for an individual with a disability, as defined under the Americans with Disabilities Act.
xiii. Library restrooms may not be used for bathing, grooming, or washing clothing.
xiv. Customers must be fully clothed in the Library. Upper and lower body must be appropriately covered, and footwear must be worn at all times. xv. Sleeping is allowed in the Library.
xvi. Customers cannot solicit, panhandle, sell products, or conduct business, including tutoring for a fee, in the Library.
xvii. The Children’s and Teen areas of the Library are specifically designed to meet the needs of young Library customers. Priority for use of the Children’s and Teen areas will go to children, teens, and their accompanying adults, and by adults who have been given permission by Library staff. Adults that are not accompanying minors and adults that have not been given permission by Library staff will be asked to relocate to another section of the Library.
xviii. Using Library materials, equipment, furniture, fixtures, or building in a manner inconsistent with customary use or in a destructive, abusive, or potentially damaging manner is not permitted.

III. RULES FOR SUPERVISION OF MINORS
A. Parents, legal guardians, caregivers, and teachers are responsible for the behavior of children under their supervision. Children under the age of 11 must be accompanied by a parent or responsible caregiver 13 years old or older. A responsible adult must directly accompany babies, toddlers, and preschool children at all times. The Library is a public building; Library staff and volunteers cannot assume responsibility for children at any time. If a child is left unattended, staff will attempt to find the parent/caregiver within the Library. If staff is unable to locate a responsible party, the child will be considered abandoned, and law enforcement personnel will be notified. If an unattended child is in the Library 15 minutes prior to closing time, law enforcement personnel will be notified and asked to pick up the child. Library staff are not permitted to provide transportation for the child.
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CITY OF PALM DESERT
Subject Collection Development Policy
Policy No. LIBR-004
Date Issued: June 27, 2024
Amended: N/A
Approved by Resolution No. {2024-XX}
Authored by Library Services
I. PURPOSE
A. This policy outlines the collection development for the Palm Desert Library.

II. SCOPE
A. The Materials Selection Policy provides a general guide to the selection and maintenance of material collections offered by the Library and emphasizes the Library’s commitment to the needs of the community it serves, intellectual freedom, and unrestricted access to information per American Library Association Guidelines and the Freedom to Read Statement.

B. The Palm Desert Library collection is:
i. Available 7 days a week and online 24 hours a day
ii. Available in variety of formats including those for the vision impaired iii. Diverse and inclusive
iv. Well organized and in good condition
v. Current and relevant
vi. Responsive to new trends, issues, and interests
vii. Built by the dedicated work of professional staff
viii. Shaped by the input of our community and representative of its needs ix. Guided by the Library’s Mission Statement as well as the city’s Mission and Core Values.
x. Thought provoking
xi. Comprised of works of lasting value
III. GENERAL POLICIES
A. Criteria for Selection of Materials
While much professional effort has gone into the selection of materials, the Palm Desert Library recognizes that members of our community may find issue with one or more items. In line with our collection policy, we aim to be inclusive and provide a diverse collection of materials to meet the varied needs of those in our community. The Library, by selecting individual materials, does not promote, support or endorse any particular viewpoint, but rather aims to support the Freedom to Read statement of the American Library Association (below).

B. The following general criteria are used to evaluate the appropriateness of materials added to the Library collection:
i. Accuracy of information
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ii. Merit, awards, or critical acclaim
iii. Existence of authoritative, published reviews
iv. Timeliness or permanent value
v. Popular interest or demand
vi. Extent to which the subject matter is already represented in the Library collection
vii. Readability or literary style
viii. Social significance
ix. Reputation of the author or publisher
x. Space limitations
xi. Cost
xii. Physical durability, attractiveness and other format characteristics C. Local author materials will be accepted for review, to be added to the Library collection, if they meet many of the above criteria. The addition of local author materials will be dependent upon the approval of professional Library staff D. Responsibility for Collection Decisions
Responsibility for the selection of Library materials rests with the Library Director. The Library Director will delegate selection responsibilities to Library staff as necessary.

E. Library users are welcomed and encouraged to suggest items for addition to the Library collection. Customers can fill out a Suggest-A-Purchase Form at the library, as well as on the library’s website. If access to the website is not available, a request can be sent via email to [email protected]. After the request is made, Library staff will evaluate the request based on the general selection criteria outlined in this document. For users to receive notification that one or more of their requests were selected for the collection, valid email contact information must be provided. Library users may also check the online catalog or contact staff to see if a requested item was purchased.

IV. ACCESS TO LIBRARY MATERIALS
A. Materials held at the Palm Desert Library will be available to all members of the public, unless a parent a guardian requests limits on a minor’s account.

V. STATEMENT OF MATERIALS CONSIDERATION
A. The following process will be employed when requests for reconsideration are submitted.
i. The Palm Desert Library (PDL) responds to requests for reconsideration of Library materials in writing.
ii. Requestors must have read, listened, or viewed the entire work to have their request considered.
iii. Requestors must be a resident of Palm Desert and hold a valid Palm Desert Library card.
iv. PDL’s Challenged Materials Committee reviews these requests. v. The Committee, consisting of PDL librarians and headed by the Library Director, reviews the item considering the customer’s request, the PDL selection policy and professional reviews of the title within 30 days. vi. The Committee’s decision will be communicated in writing to the requesting party via a letter sent by the Library Director. vii. Each time there is a request to reconsider an item from the Library collection, the Library Director or someone acting on their behalf will 379
report this request to the American Library Association Office of Intellectual Freedom. The Office of Intellectual Freedom will then note the occurrence and document it despite the decision of the review committee.

B.

VI. DESELECTION AND REFRESHING OF LIBRARY MATERIALS
The Library utilizes a specific deselection and refreshment schedule in order to best remove outdated, worn, inaccurate and incomplete materials. The deselection schedule allows for Library staff to remove items that meet any of the below deselection criteria, evaluate the need for replacements and updating, and select materials needed to refresh the collection. The deselection schedule is meant to encourage deselection and refreshing on an ongoing basis. Library staff will also deselect as needed in other areas of the Library. Whenever possible, deselected materials will be offered to a local organization. To be considered as an entity to receive deselected materials, please submit a request in writing to [email protected].

A. Criteria for deselection of Library materials includes, but is not limited to:
i. Usage or circulation
ii. Physical condition
iii. Duplication in Library collection
iv. Edition or accuracy of information
v. Completeness
vi. Space
B. Magazine and Newspaper Deselection
Magazines will be deselected when they are 12 months past delivery date for monthly magazines, and 6 months for weekly magazines, as space permits.

Magazines are recycled or repurposed for Library craft projects as appropriate.

C. Newspapers will be removed from the collection when they are 8 days past delivery date. Library staff will recycle newspaper materials.

D. Donating Gift Materials
i. All donated/gift materials will be received by library Book Sale volunteers.

The Book Sale volunteers may at any time suspend the collection of gift materials due to space, deny the acceptance of materials due to condition, or transfer donated/gift materials.

The Freedom to Read Statement
See: American Library Association, Freedom to Read Statement https://www.ala.org/advocacy/intfreedom/freedomreadstatement 380

CITY OF PALM DESERT
Subject Community Room Policy
Policy No. LIBR-005
Date Issued: June 27, 2024
Amended: N/A
Approved by Resolution No. {2024-XX}
Authored by Library Services
I. PURPOSE
A. This policy outlines the community room policy for the Palm Desert Library.

II. SCOPE
A. The Palm Desert Library welcomes the public use of its facilities and meeting rooms in keeping with the Library's mission to “nurture community well-being through social, cultural and learning experiences.” The Library permits the public to use its facilities and meeting rooms when such use does not interfere with Library-sponsored programs and services.

B. The Library allows outside organizations and groups to use its facilities and meeting rooms when they are not needed for administrative use or for activities or programs sponsored in whole or in part by the Library. The Library reserves the right to deny applications for use based on the availability of space and staff, frequency of use, or as otherwise outlined in guidelines available on the Library's public website.

III. GENERAL POLICIES
A. Permission to use the Community Room does not imply that the Library Board of Trustees, the Library staff or the City of Palm Desert supports the opinions and/or views of the users.

B. Reservations for non-Library events held in the Community Room must be open public forums of a civic, cultural, educational or intellectual nature. No private events of a purely social nature (receptions, parties, showers, etc.) are allowed.

C. Organizations using the Community Room must have a non-commercial purpose and may be required to provide evidence of their official non-profit status. No admission fees can be charged. Events must not be commercial in nature, including transacting business or soliciting customers or clients.

D. The Library Code of Conduct governs behavior in the Community Room.

Users must comply with room capacity. Users not in compliance with Library policies will be asked to leave and may be denied future use of the space. The Library will not be responsible for theft or damage of equipment or material supplied by users. This includes personal items.

E. Smoking and alcoholic beverages are not permitted anywhere in the library.

F. Amplified music is not permitted.

G. Customers may not attach or adhere anything to the community room walls. 381
H. Booking requests must be made by an adult who is 18 years or older and has a Palm Desert Library card in good standing. Adults must ensure supervision is provided. The contact person listed on the booking request must be present and assumes full responsibility for damage to Library property in their custody.

I. The Library’s contact information cannot be used as an official address for any organization using the community room.

J. The Community Room may be used only during regularly scheduled hours of Library service. The booking must include the time required to set up and return the room to proper order. The furniture must be returned to its original arrangement and all participants must be out of the room by the scheduled ending time.

K. Community Room booking requests will be considered in a "first come, first served" manner up to 60 days in advance when such uses do not conflict with regular City Library programs. A maximum of three (3) events can be scheduled to occur from the current date 60 days forward.

L. Use of the Community Room on a standing or continuing basis is not allowed.

Community Room booking requests require approval by staff – requests are typically reviewed within 2 business days. Cancellations should be made promptly so other meetings may be scheduled.

M. Users are to check in at the service desk for access to the Community Room. 382
C:\Users\Lhancock\Desktop\Computer Use Policy (T).Docx

CITY OF PALM DESERT
Subject Computer Use, Booking & Printing Policy
Policy No. LIBR-006
Date Issued: June 27, 2024
Amended: N/A
Approved by Resolution No. {2024-XX}
Authored by Library Services
I. PURPOSE
A. This policy outlines computer use, booking, and printing policies for the Palm Desert Library.

II. GENERAL POLICIES
A. Palm Desert Library (PDL) offers computers equipped with basic productivity software, internet access, and special access to learning resources and databases. The library offers printers, copiers, and scanners for public use.

B. Palm Desert residents are required to obtain a PDL library card to use public computers. Individuals must use their own library card number only to log on.

C. Out-of-State visitors are eligible for a library card.

D. Customers may use up to the maximum of 120 minutes per day on the public computers.

E. Public computers will automatically log off 10 minutes before closing.

F. PDL cannot guarantee the performance or reliability of the public computers or the software on them. All copyright laws apply when using public computers and the Internet in the library.

G. Printing
i. PDL customers are given $1.00 in free printing each week. This allowance does not cumulate or roll over.
ii. Customers using the pay-to-print kiosk may also pay for copying and printing above the $1.00 in free prints.
iii. Public computer printing is directed to a network printer. Customers may claim their print jobs using their library account number and PIN at a Print Release station.
iv. Customers using personal devices are invited to save their work to the Cloud (Google Drive, OneDrive, etc.) or to a storage device, and then print wirelessly using a Print Release Station.
v. Staff will not change paper for custom printing projects for patrons. Staff will assist patrons in finding commercial printing businesses that provide these services.
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CITY OF PALM DESERT
Subject Filming and Photography Policy
Policy No. LIBR-007
Date Issued: June 27, 2024
Amended: N/A
Approved by Resolution No. {2024-XX}
Authored by Library Services
I. PURPOSE
A. This policy outlines filming and photography policy for the Palm Desert Library.

II. GENERAL POLICIES
A. The Palm Desert Library allows visitors and patrons to engage in casual filming and photography while present in Library facilities and grounds. Library facilities and grounds are public spaces, and the Library cannot prevent and is not responsible for incidental filming or photography of Library visitors or patrons as there is no expectation of privacy.

B. Programs, classes or events sponsored by the Palm Desert Library may be photographed or video-recorded by the Library’s staff or its representatives.

Attendance at an event constitutes the consent of all attendees, and the consent of the parents or legal guardians of any minor children in attendance, to the future broadcast, publication, or other use of photographs or videos.

C. The Library may utilize photos and videos from programs and events at Library on its website and in Library publications. To ensure the privacy of all individuals, including children, images will not be identified using full names or personal identifying information without written approval from the photographed subject, parent or legal guardian.

D. Professional or unauthorized photography or filming of the library facility, staff or patrons without expressed permission of Library management is prohibited.

Equipment that is disruptive to library operations, such as lighting or tripods, is not permitted.

E. Photography of any patron without their expressed permission/consent, or the permission of their legal parent/guardian (minors) is prohibited. Amateur photography designed to record a visit or make use of the library setting as a backdrop is generally permitted, provided that such activity avoids capturing identifiable likenesses of individuals without their permission and does not cause a nuisance to other patrons.

F. Any person filming or photographing on library premises is solely responsible for gaining all necessary releases and permissions from people who are filmed or photographed. Library staff may terminate any photography or film session that appears to compromise public safety and security.
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III. TRANSACTIONAL PROCEDURES
A. Consent to Interview, Photograph, and/or Video
Name: _______________________________________________________________ __
Address: _____________________________________________________________ __
City:__________________________________________________________________ _
Hereby authorizes interviews with and/or photographs made, or video taken of:
______________________________________________________________________ __
(name of person or indicate SELF)
By____________________________________________________________________ __
(name of news organization, reporter, or photographer)
And hereby releases the City of Palm Desert from any and all responsibility attached hereto.

Date: ___________________________________
Signature:_____________________________________________________________ ___
Relationship:__________________________________________________________ ___
(relationship to person interviewed, photographed or videotaped, if other than self) Witness_______________________________________________________________ __
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CITY OF PALM DESERT
Subject InterLibrary Loan Policy
Policy No. LIBR-008
Date Issued: June 27, 2024
Amended: N/A
Approved by Resolution No. {2024-XX}
Authored by Library Services
I. PURPOSE
A. This policy outlines the interlibrary loan policy for the Palm Desert Library.

II. SCOPE
A. Interlibrary Loan is a reciprocal borrowing service among libraries in North America, and it is at the discretion of the owning library whether to lend the item.

By participating in a network of cooperating libraries, the Palm Desert Library strives to support the educational, informational, and recreational needs of our patrons, fostering a culture of learning and ensuring equitable access to diverse resources. This policy outlines the procedures and guidelines for requesting and borrowing materials through interlibrary loan, ensuring an efficient, fair, and user-friendly experience for all patrons.

III. POLICY
A. Patrons are responsible for the cost of any damaged or lost ILL items per the lending library’s policy.

B. A Palm Desert Library card is required to submit a request. Be sure your card is active and in good standing with no outstanding fees.

C. Interlibrary Loan requests are limited to books or scanned pages or images of magazine/journal articles or microfilm. Libraries generally do not lend audiovisual, popular materials or unique items through Interlibrary Loan. ILL requests can be submitted in person at the Palm Desert Library. When requesting the title, author, publisher, and the ISBN of the book are recommended. The journal title, article title, volume number, and the year of publication are required for article requests.

D. ILL Request Form can be found here.
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CITY OF PALM DESERT
Subject Mobile Library Policy
Policy No. LIBR-009
Date Issued: June 27, 2024
Amended: N/A
Approved by Resolution No. {2024-XX}
Authored by Library Services
I. PURPOSE
A. This policy outlines the mobile library policy for the Palm Desert Library.

II. SCOPE
A. The Palm Desert Library (PDL) will utilize a mobile library to increase access to library materials and amplify library services. The following is meant to provide staff with guidance on mobile vehicle operations and procedures III. GENERAL POLICIES
A. Bookings
i. Priority for bookmobile usage will go to PDL staff.
ii. PDL Staff will evaluate community-initiated requests for the vehicle on a first-come, first-served basis. Requests should be directed to the Library Manager for Community Partnership & Engagement or the Library Manager for Education and Learning.
iii. PDL staff will have full discretion on outreach vehicle usage depending on community needs, staff capacity, and alignment with library strategic priorities.
iv. Examples of community-initiated requests can come from the city, schools, or non-profit community-based organizations, just to name a few.

B. Golf Carts and Electric Vehicles
i. Electric vehicles that have a license plate are legal to operate only on streets that have a speed limit of 35 mph or less. Electric vehicles that do not have a license plate (i.e., golf carts) may be operated on designated streets, golf cart lanes or shared sidewalks. A map of designated routes is available from the Public Works or Code Compliance counters. All policies related to vehicle operation apply to the operation of golf carts and electric vehicles as well.
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CITY OF PALM DESERT
Subject Privacy and Confidentiality Policy
Policy No. LIBR-010
Date Issued: June 27, 2024
Amended: N/A
Approved by Resolution No. {2024-XX}
Authored by Library Services
I. PURPOSE
A. This policy outlines the privacy and confidentiality policy for the Palm Desert Library.

II. SCOPE
A. The privacy and confidentiality policy at the Palm Desert Library is to safeguard the personal information and reading habits of our patrons, ensuring their privacy and promoting trust within our community. This policy is rooted in the fundamental principles of intellectual freedom and the right to privacy, recognizing that patron confidentiality is essential for free inquiry and access to information. The Palm Desert Library is committed to protecting the privacy of all library users and upholding confidentiality in all interactions, transactions, and records. This policy outlines the measures and practices we adopt to secure patron data, comply with applicable laws, and respond to privacy concerns, fostering a safe and respectful environment for all individuals seeking knowledge and information.

III. GENERAL POLICIES
A. At the state level, Section 6267 of the California Government Code provides as follows:
i. All registration and circulation records of any library which is in whole or in part supported by public funds shall remain confidential and shall not be disclosed to any person, local agency, or state agency except as follows:

1. By a person acting within the scope of his or her duties within the administration of the library .

2. By a person authorized, in writing, by the individual to whom the records pertain, to inspect the records .

3. By order of the appropriate superior court.

4. The privacy and confidentiality policies of the Palm Desert Library shall comply with the applicable federal, state and local laws. Records will be made available in the event that a duly authorized request is received from a law enforcement agency.

5. For public records requests, see the City of Palm Desert’s Records Request Portal.
388

CITY OF PALM DESERT
Subject Public Distribution of Materials Policy
Policy No. LIBR-011
Date Issued: June 27, 2024
Amended: N/A
Approved by Resolution No. {2024-XX}
Authored by Library Services
I. PURPOSE
A. This policy outlines the distribution of public materials policy for the Palm Desert Library.

II. SCOPE
A. The Palm Desert Library's display policy is to educate and inform the public about library services and community activities through controlled display spaces. It ensures that materials displayed are from educational, cultural, intellectual, or charitable organizations while excluding commercial, political, and private promotions. The policy maintains the library’s neutrality and operational control by outlining clear guidelines for the content, duration, and presentation of displayed materials.

III. GENERAL POLICIES
A. The Palm Desert Library may provide physical display space to educate and inform the public about library services and to promote other community services and activities. The term “display” is used collectively to include handouts, flyers, posters, and exhibit items. The Palm Desert Library does not advocate or endorse the viewpoints of exhibits or exhibitors using public forum locations.

B. The library’s public information areas are open to organizations engaged in educational, cultural, intellectual, or charitable activities. This defined limitation allows civic, service, religious or community groups to use these areas to place materials that serve intellectual and cultural purposes and excludes all materials that solicit contributions or seek to sell goods and services. No political candidate or proposition materials, commercial promotions, or private events, such as yard sales, and “services provided,” are eligible for display.

C. The materials in the public information areas are provided by groups within the community served by the library. Materials should be of a reasonable size for the display space available. The library reserves the right to refuse display materials that are awkward to display or take up disproportionate space. Staff routinely remove outdated materials.

D. The library retains the option to prioritize use of public information areas to strictly “library-related” activities.
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E. Just as libraries do not endorse the viewpoints of those whose works are represented in their collections and public meeting room reservations, the library also does not endorse the beliefs or viewpoints on topics which may be the subject of information distributed through public information areas.

1. Handouts, flyers, and posters are displayed no more than one month prior to the event and will be placed in the appropriate public forum location by library staff.

2. All items must identify the group or person responsible for distribution and provide a contact address or telephone number.

3. Posters, flyers, and pamphlets may be discarded by the library staff after 30 days.  The library will relocate, rearrange, and remove materials as it chooses.

4. The library does not store materials.  Any items brought early must be redelivered within the display period.

5. Active distribution, in which a person on site hands out materials, canvasses, solicits or petitions, is not allowed in the library.

6. Items to be posted/distributed must not be in violation of any federal, state or local laws.
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CITY OF PALM DESERT
Subject Study Room Policy
Policy No. LIBR-012
Date Issued: June 27, 2024
Amended: N/A
Approved by Resolution No. {2024-XX}
Authored by Library Services
I. PURPOSE
A. This policy outlines the study room policy for the Palm Desert Library.

II. SCOPE
A. The Palm Desert Library welcomes the public use of its facilities and study rooms in keeping with the Library's mission to “nurture community well-being through social, cultural and learning experiences.” The Library permits the public to use its facilities and study rooms when such use does not interfere with Library-sponsored programs and services.

III. GENERAL POLICIES
A. Library study rooms may not be used for solicitation and or sales of any nature.

B. Two study rooms are available for quiet study at the Palm Desert Library. The study rooms can accommodate one to eight people.

C. There is no fee to use study rooms.

D. A study room may be used by any person 13 years or older who owns and presents a valid library card in good standing.

E. Rooms are available on an in person first-come, first-served basis.

F. Study Rooms may be used for a two-hour period. Extensions may be provided, depending on availability.

G. The individual who reserves the room is responsible for ensuring that the room is left in clean condition with no damage to the room or furnishings.

H. The City is not responsible for any property left unattended in group study rooms.

I. The Library Code of Conduct applies to the study rooms. Failure to comply with the Library’s policies may result in the loss of study room privileges. 391

CITY OF PALM DESERT
Subject Video Surveillance Policy
Policy No. LIBR-013
Date Issued: June 27, 2024
Amended: N/A
Approved by Resolution No. {2024-XX}
Authored by Library Services
I. PURPOSE
A. This policy outlines the video surveillance policy for the Palm Desert Library.

II. GENERAL POLICIES
A. Refer to:City of Palm Desert – Policies – Administrative Procedures – Video Surveillance on City Property and Procedure – Policy No. PBWK -001
392

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: June 27, 2024
PREPARED BY: Shannon Vonnegut, Assistant Director Library Services REQUEST: AWARD CONTRACTS TO MULTIPLE VENDORS FOR PURCHASE OF LIBRARY MATERIALS FOR FY 2024-25
RECOMMENDATION:

1. Award contracts in substantial form, for books and library materials with Brodart Company, Ingram Content Group, Midwest Tape, Baker & Taylor, and Barnes & Noble, for a period of one (1) year, plus (2) additional one-year terms, in an aggregate amount not to exceed $350,000 per fiscal year

2. Authorize the City Attorney to make non-monetary changes and the City Manager to execute said agreements.

3. Authorize the City Manager to review and approve written contract amendments and any documents necessary to effectuate the actions taken herewith.

BACKGROUND/ANALYSIS:

The Palm Desert Library will open for service to the public on July 1, 2024, with a designated budget for selection of materials to meet community needs and provide current and relevant content. The current library collection contains approximately 65,000 items. The library will take advantage of any available government contract and library cooperative pricing. The current collection needs updated materials based on the condition of current books and the need to update content.

Purchasing of library materials is an ongoing process by libraries to keep the collection current, provide popular new titles, and maintain the collection in adherence to the library’s Collection Development Policy. Below is the list of the recommended vendors, which are used by leading libraries across the country:

VENDORS CONTRACT STATUS
BRODART COMPANY Contract secured
MIDWEST TAPE Contract secured
INGRAM LIBRARY SERVICES, LLC Contract in substantial form BAKER & TAYLOR Contract in substantial form
BARNES & NOBLE Contract in substantial form
AMAZON Existing City Contract
Upon approval, Library staff will begin selection and purchase of materials to be added to the library catalog with approved vendors not to exceed $350,000 per year. 393
City of Palm Desert
Award On-Call Contracts to Book and Library Material Vendors

By awarding the aggregate (cumulative) amount of $350,000 per fiscal year amongst all proposed vendors, the City will have the ability to utilize each vendors’ competitive pricing and optimal delivery times.

Legal Review:

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

FINANCIAL IMPACT:

The Proposed Budget for Fiscal Year 2024-25 includes funding for books and materials in Account No.’s 2524662-4211200, 2524662-4362001, and 2524662-4390000. Agreements will include discounted pricing through public contracts and pricing in the best interest of the City. Future year contracts will be contingent on budget approval. There is no additional financial impact to the general fund beyond the adopted budget amount.

ATTACHMENTS:

1. Brodart Co. Draft Contract

2. Midwest Tape LLC Draft Contract

3. Ingram Library Services, LLC Draft Contract

4. Baker & Taylor Draft Contract

5. Barnes & Noble Draft Contract
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CITY OF PALM DESERT

GOODS AND EQUIPMENT PURCHASE AGREEMENT

PHYSICAL BOOK PURCHASE
This Goods and Equipment Purchase Agreement (“Agreement”) is made and entered into this 1st day of July, 2024, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, (“City”) and Brodart, a Corporation, with its principal place of business at 500 Arch Street, Williamsport, PA. 17701 ("Supplier"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."
Section 1. Definitions/Cooperative Procurement.

A. Definitions.

1. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor, or other services, including design, engineering, and installation services, provided by Supplier as specified in Exhibit “A”, attached hereto and incorporated herein by reference.

2. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to the City, ready for approval, testing and/or use as specified in Exhibit “A.” B. Cooperative Procurement. This Agreement is entered into pursuant to City of Palm Desert Municipal Code section 3.30.160, which authorizes participation with other governmental agencies who have, through a bidding process, determined to award or purchase goods and/or services from Supplier.

Section 2. Compensation
Supplier shall receive compensation, including authorized reimbursements, for all Goods and Services rendered under this Agreement at the rates set forth in Exhibit “A” attached hereto and incorporated herein by reference. The total compensation shall not exceed Three Hundred and Fifty Thousand Dollars and zero cents ($350,000.00) in aggregate, without written approval of the City Council or City Manager, as applicable.

Section 3. Materials And Workmanship.

When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without the City’s written approval. Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, the City will decide the question of equality. When requested by the City, Supplier will furnish the City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment, and material to be incorporated in the Goods. Material samples will be submitted at the City’s request.

Section 4. Inspections And Tests.

The City shall have the right to inspect and/or test the Goods prior to acceptance. If upon 395
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inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, the City may reject the Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair the City’s right to reject nonconforming goods, irrespective of the City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof.

Section 5. Warranty.

A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by the City as required for final payment under Section 7. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards.

B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. The City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B.

C. For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will, immediately after receiving notice from the City, at the option of the City, and at Supplier’s own expense and without cost to the City:

1. Repair the defective Goods;

2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or

3. Repay to City the purchase price of the defective Goods.

If City selects repair or replacement, any defects will be remedied without cost to the City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to the City.

D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold the City and their officials, officers, employees, volunteers, representatives and agents harmless against any and all third-party claims resulting from the breach or inaccuracy of any of the foregoing warranties. 396
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E. In the event of a breach by Supplier of its obligations under this Section 4, the City will not be limited to the remedies set forth in this Section 4, but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to the City under the California Commercial Code.

Section 6. Prices.

Unless expressly provided otherwise, all prices and fees specified in Exhibit “A,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by the City’s authorized representative. The total price shall include (i) all federal, state, and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to the City hereunder; and (ii) all charges for packing, freight and transportation to destination.

Section 7. Changes.

City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between the City and Supplier and such change will be authorized by a change order document signed by the City and accepted by Supplier.

Section 8. Payments.

A. Term. The term of this Agreement shall be from July, 1 2024, to June 30, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 2 additional one-year terms.

Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.

B. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods.

C. If Progress Milestones have been specified in Exhibit “A,” then payments for the Goods will be made as the requirements of such Progress Milestones are met. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “A.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “A” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “A” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by the City in advance of the first invoice cycle.

D. Payments otherwise due may be withheld by the City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the 397
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Agreement, or to protect the City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, the City may remove them at Supplier’s expense.

E. Payment of the final Progress Milestone payment or any retention will be made by City upon:

1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “A” and in the amount associated with the Progress Milestone;

2. Written acceptance of the Goods by the City;

3. Delivery of all drawings and specifications, if required by City;

4. Delivery of executed full releases of any and all liens arising out of this Agreement; and

5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full.

If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to the City to indemnify City against any claim or lien at no cost to the City.

E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against the City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.

Section 9. Schedule For Delivery.

A. The time of Supplier’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “A.” Supplier must immediately notify the City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights the City may have under this Agreement or at law, Supplier shall pay City the sum of $250.00 per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “A.” B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that the City can maximize the efficient completion of such project(s). 398
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Section 10. Taxes.

A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement.

B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld.

C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier.

D. Supplier will, upon written request, submit to the City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder.

Section 11. Independent Contractor.

Supplier enters into this Agreement as an independent contractor and not as an employee of the City. Supplier shall have no power or authority by this Agreement to bind the City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors, or subcontractors hired or retained by the Supplier are employees, agents, contractors, or subcontractors of the Supplier and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement.

Section 12. Subcontracts.

Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section 14.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to the City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City.

Section 13. Title And Risk Of Loss.

Unless otherwise agreed, the City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of the City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the 399
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possession of Supplier, then the City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods, but which does not become a part of the Goods.

Section 14. Indemnification.

A. Supplier shall defend, indemnify and hold the City of Palm Desert (“City”), and their officials, officers, employees, volunteers, representatives and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors, and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, and their officials, officers, employees, agents, representatives or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against the City or its officials, officers, employees, agents, representatives, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse the City and their officials, officers, employees, agents, representatives and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, and their officials, officers, employees, agents, representatives, or volunteers.

Section 15. Insurance.

A. General. Supplier shall take out and maintain:

1. Commercial General Liability Insurance, of at least $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;

2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto);

3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and

4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials. 400
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5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000.

B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage.

The policies required under this Section shall give the City, and their officials, officers, employees, agents, representatives, or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City, or any additional insureds shall not be called upon to contribute to any loss and shall contain or be endorsed with a waiver of subrogation in favor of the City, and their officials, officers, employees, agents, representatives, and volunteers. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.

C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.

D. Evidence of Insurance. Supplier shall furnish the City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods.

Section 16. Liens.

A. Supplier, subcontractors and any other suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and any other suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and any other suppliers agree that this provision waiving the right of Claims will be an independent covenant.

B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own 401
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expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims.

Section 17. Termination Of Agreement By City.

A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, the City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier.

In such event the City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools, and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City.

B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which the City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated.

C. On receipt of notice under Section 16.B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise,

1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods,

2. Unless otherwise directed by the City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and

3. Deliver only such portions of the Goods which the City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site.

D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that the City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C.

Section 18. Force Majeure
A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event.

B. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of 402
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governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

C. In the event of any such excused interference with shipments, the City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement.

Section 19. Miscellaneous Provisions.

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

Supplier: Brodart Co. A Partnership
500 Arch Street
Williamsport, PA. 17701
ATTN: Lisa Miosi, Vice President, Customer Service
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: L. Todd Hileman, City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.

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

D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 403
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E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

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

G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees.

H. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

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

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

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

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

M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods.

N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO GOODS AND EQUIPMENT PURCHASE AGREEMENT

BETWEEN THE CITY OF PALM DESERT
AND BRODART, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

CITY OF PALM DESERT
By:

L. Todd Hileman
City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney

BRODART, A CORPORATION
By:

Lisa Miosi
Vice President, Customer Service
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
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[email protected]
City Manager
L. Todd Hileman
760-346-6552
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CITY OF PALM DESERT

GOODS AND EQUIPMENT PURCHASE AGREEMENT

PHYSICAL DVD AND BLUE RAY
This Goods and Equipment Purchase Agreement (“Agreement”) is made and entered into this 1st day of July, 2024, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, (“City”) and Midwest Tape, a Limited Liability Company, with its principal place of business at 1417 Timberwolf Drive, Holland, OH 43528 ("Supplier"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."
Section 1. Definitions/Cooperative Procurement.

A. Definitions.

1. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor, or other services, including design, engineering, and installation services, provided by Supplier as specified in Exhibit “A”, attached hereto and incorporated herein by reference.

2. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to the City, ready for approval, testing and/or use as specified in Exhibit “A.” B. Cooperative Procurement. This Agreement is entered into pursuant to City of Palm Desert Municipal Code section 3.30.160, which authorizes participation with other governmental agencies who have, through a bidding process, determined to award or purchase goods and/or services from Supplier.

Section 2. Compensation
Supplier shall receive compensation, including authorized reimbursements, for all Goods and Services rendered under this Agreement at the rates set forth in Exhibit “A” attached hereto and incorporated herein by reference. The total compensation shall not exceed Three Hundred and Fifty Thousand Dollars and zero cents ($350,000.00) in aggregate, without written approval of the City Council or City Manager, as applicable.

Section 3. Materials And Workmanship.

When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without the City’s written approval. Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, the City will decide the question of equality. When requested by the City, Supplier will furnish the City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment, and material to be incorporated in the Goods. Material samples will be submitted at the City’s request.

Section 4. Inspections And Tests.

The City shall have the right to inspect and/or test the Goods prior to acceptance. If upon 433
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inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, the City may reject the Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair the City’s right to reject nonconforming goods, irrespective of the City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof.

Section 5. Warranty.

A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by the City as required for final payment under Section 7. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards.

B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. The City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B.

C. For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will, immediately after receiving notice from the City, at the option of the City, and at Supplier’s own expense and without cost to the City:

1. Repair the defective Goods;

2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or

3. Repay to City the purchase price of the defective Goods.

If City selects repair or replacement, any defects will be remedied without cost to the City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to the City.

D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold the City and their officials, officers, employees, volunteers, representatives and agents harmless against any and all third-party claims resulting from the breach or inaccuracy of any of the foregoing warranties. 434
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E. In the event of a breach by Supplier of its obligations under this Section 4, the City will not be limited to the remedies set forth in this Section 4, but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to the City under the California Commercial Code.

Section 6. Prices.

Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by the City’s authorized representative. The total price shall include (i) all federal, state, and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to the City hereunder; and (ii) all charges for packing, freight and transportation to destination.

Section 7. Changes.

City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between the City and Supplier and such change will be authorized by a change order document signed by the City and accepted by Supplier.

Section 8. Payments.

A. Term. The term of this Agreement shall be from July 1, 2024, to June 30, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 2 additional one-year terms.

Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.

B. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods.

C. If Progress Milestones have been specified in Exhibit “A,” then payments for the Goods will be made as the requirements of such Progress Milestones are met. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “A.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “A” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “A” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by the City in advance of the first invoice cycle.

D. Payments otherwise due may be withheld by the City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the 435
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Agreement, or to protect the City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, the City may remove them at Supplier’s expense.

E. Payment of the final Progress Milestone payment or any retention will be made by City upon:

1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “A” and in the amount associated with the Progress Milestone;

2. Written acceptance of the Goods by the City;

3. Delivery of all drawings and specifications, if required by City;

4. Delivery of executed full releases of any and all liens arising out of this Agreement; and

5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full.

If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to the City to indemnify City against any claim or lien at no cost to the City.

E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against the City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.

Section 9. Schedule For Delivery.

A. The time of Supplier’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “A.” Supplier must immediately notify the City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights the City may have under this Agreement or at law, Supplier shall pay City the sum of $250.00 per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “A.” B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that the City can maximize the efficient completion of such project(s). 436
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Section 10. Taxes.

A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement.

B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld.

C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier.

D. Supplier will, upon written request, submit to the City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder.

Section 11. Independent Contractor.

Supplier enters into this Agreement as an independent contractor and not as an employee of the City. Supplier shall have no power or authority by this Agreement to bind the City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors, or subcontractors hired or retained by the Supplier are employees, agents, contractors, or subcontractors of the Supplier and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement.

Section 12. Subcontracts.

Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section 14.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to the City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City.

Section 13. Title And Risk Of Loss.

Unless otherwise agreed, the City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of the City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the 437
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possession of Supplier, then the City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods, but which does not become a part of the Goods.

Section 14. Indemnification.

A. Supplier shall defend, indemnify and hold the City of Palm Desert (“City”), and their officials, officers, employees, volunteers, representatives and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors, and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, and their officials, officers, employees, agents, representatives or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against the City or its officials, officers, employees, agents, representatives, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse the City and their officials, officers, employees, agents, representatives and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, and their officials, officers, employees, agents, representatives, or volunteers.

Section 15. Insurance.

A. General. Supplier shall take out and maintain:

1. Commercial General Liability Insurance, of at least $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;

2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto);

3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and

4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials. 438
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5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000.

B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage.

The policies required under this Section shall give the City, and their officials, officers, employees, agents, representatives, or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City, or any additional insureds shall not be called upon to contribute to any loss and shall contain or be endorsed with a waiver of subrogation in favor of the City, and their officials, officers, employees, agents, representatives, and volunteers. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.

C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.

D. Evidence of Insurance. Supplier shall furnish the City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods.

Section 16. Liens.

A. Supplier, subcontractors and any other suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and any other suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and any other suppliers agree that this provision waiving the right of Claims will be an independent covenant.

B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own 439
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expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims.

Section 17. Termination Of Agreement By City.

A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, the City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier.

In such event the City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools, and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City.

B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which the City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated.

C. On receipt of notice under Section 16.B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise,

1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods,

2. Unless otherwise directed by the City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and

3. Deliver only such portions of the Goods which the City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site.

D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that the City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C.

Section 18. Force Majeure
A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event.

B. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of 440
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governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

C. In the event of any such excused interference with shipments, the City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement.

Section 19. Miscellaneous Provisions.

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

Supplier: Midwest Tape, LLC
1417 Timberwolf Drive
Holland, OH. 43528
ATTN: Sue Bascuk, Vice President
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: L. Todd Hileman, City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.

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

D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 441
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E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

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

G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees.

H. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

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

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

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

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

M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods.

N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO GOODS AND EQUIPMENT PURCHASE AGREEMENT

BETWEEN THE CITY OF PALM DESERT

AND MIDWEST TAPE, LLC
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

CITY OF PALM DESERT
By:

L. Todd Hileman
City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney

MIDWEST TAPE, A LIMITED LIABILITY

COMPANY
By:

Sue Bascuk
Vice President
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
443
Exhibit "A"
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Exhibit "A"
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Exhibit "A"
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CITY OF PALM DESERT

GOODS AND EQUIPMENT PURCHASE AGREEMENT

PHYSICAL BOOK PURCHASE
This Goods and Equipment Purchase Agreement (“Agreement”) is made and entered into this 1st day of July, 2024, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, (“City”) and Ingram Library Services, LLC, with its principal place of business at One Ingram Boulevard, LaVergne, TN. 37086 ("Supplier"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."
Section 1. Definitions/Cooperative Procurement.

A. Definitions.

1. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor, or other services, including design, engineering, and installation services, provided by Supplier as specified in Exhibit “A”, attached hereto and incorporated herein by reference.

2. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to the City, ready for approval, testing and/or use as specified in Exhibit “A.” B. Cooperative Procurement. This Agreement is entered into pursuant to City of Palm Desert Municipal Code section 3.30.160, which authorizes participation with other governmental agencies who have, through a bidding process, determined to award or purchase goods and/or services from Supplier.

Section 2. Compensation
Supplier shall receive compensation, including authorized reimbursements, for all Goods and Services rendered under this Agreement at the rates set forth in Exhibit “A” attached hereto and incorporated herein by reference. The total compensation shall not exceed Three Hundred and Fifty Thousand Dollars and zero cents ($350,000.00) in aggregate without written approval of the City Council or City Manager, as applicable.

Section 3. Materials And Workmanship.

When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without the City’s written approval. Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, the City will decide the question of equality. When requested by the City, Supplier will furnish the City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment, and material to be incorporated in the Goods. Material samples will be submitted at the City’s request.

Section 4. Inspections And Tests.

The City shall have the right to inspect and/or test the Goods prior to acceptance. If upon 447
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inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, the City may reject the Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair the City’s right to reject nonconforming goods, irrespective of the City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof.

Section 5. Warranty.

A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by the City as required for final payment under Section 7. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards.

B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. The City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B.

C. For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will, immediately after receiving notice from the City, at the option of the City, and at Supplier’s own expense and without cost to the City:

1. Repair the defective Goods;

2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or

3. Repay to City the purchase price of the defective Goods.

If City selects repair or replacement, any defects will be remedied without cost to the City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to the City.

D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold the City and their officials, officers, employees, volunteers, representatives and agents harmless against any and all third-party claims resulting from the breach or inaccuracy of any of the foregoing warranties. 448
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E. In the event of a breach by Supplier of its obligations under this Section 4, the City will not be limited to the remedies set forth in this Section 4, but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to the City under the California Commercial Code.

Section 6. Prices.

Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by the City’s authorized representative. The total price shall include (i) all federal, state, and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to the City hereunder; and (ii) all charges for packing, freight and transportation to destination.

Section 7. Changes.

City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between the City and Supplier and such change will be authorized by a change order document signed by the City and accepted by Supplier.

Section 8. Payments.

A. Term. The term of this Agreement shall be from July 1, 2024, to June 30, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 2 additional one-year terms.

Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.

B. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods.

C. If Progress Milestones have been specified in Exhibit “A,” then payments for the Goods will be made as the requirements of such Progress Milestones are met. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “A.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “A” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “A” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by the City in advance of the first invoice cycle.

D. Payments otherwise due may be withheld by the City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the 449
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Agreement, or to protect the City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, the City may remove them at Supplier’s expense.

E. Payment of the final Progress Milestone payment or any retention will be made by City upon:

1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “A” and in the amount associated with the Progress Milestone;

2. Written acceptance of the Goods by the City;

3. Delivery of all drawings and specifications, if required by City;

4. Delivery of executed full releases of any and all liens arising out of this Agreement; and

5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full.

If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to the City to indemnify City against any claim or lien at no cost to the City.

E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against the City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.

Section 9. Schedule For Delivery.

A. The time of Supplier’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “A.” Supplier must immediately notify the City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights the City may have under this Agreement or at law, Supplier shall pay City the sum of $250.00 per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “A.” B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that the City can maximize the efficient completion of such project(s). 450
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Section 10. Taxes.

A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement.

B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld.

C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier.

D. Supplier will, upon written request, submit to the City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder.

Section 11. Independent Contractor.

Supplier enters into this Agreement as an independent contractor and not as an employee of the City. Supplier shall have no power or authority by this Agreement to bind the City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors, or subcontractors hired or retained by the Supplier are employees, agents, contractors, or subcontractors of the Supplier and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement.

Section 12. Subcontracts.

Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section 14.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to the City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City.

Section 13. Title And Risk Of Loss.

Unless otherwise agreed, the City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of the City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the 451
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possession of Supplier, then the City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods, but which does not become a part of the Goods.

Section 14. Indemnification.

A. Supplier shall defend, indemnify and hold the City of Palm Desert (“City”), and their officials, officers, employees, volunteers, representatives and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors, and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, and their officials, officers, employees, agents, representatives or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against the City or its officials, officers, employees, agents, representatives, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse the City and their officials, officers, employees, agents, representatives and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, and their officials, officers, employees, agents, representatives, or volunteers.

Section 15. Insurance.

A. General. Supplier shall take out and maintain:

1. Commercial General Liability Insurance, of at least $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;

2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto);

3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and

4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials. 452
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5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000.

B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage.

The policies required under this Section shall give the City, and their officials, officers, employees, agents, representatives, or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City, or any additional insureds shall not be called upon to contribute to any loss and shall contain or be endorsed with a waiver of subrogation in favor of the City, and their officials, officers, employees, agents, representatives, and volunteers. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.

C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.

D. Evidence of Insurance. Supplier shall furnish the City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods.

Section 16. Liens.

A. Supplier, subcontractors and any other suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and any other suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and any other suppliers agree that this provision waiving the right of Claims will be an independent covenant.

B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own 453
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expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims.

Section 17. Termination Of Agreement By City.

A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, the City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier.

In such event the City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools, and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City.

B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which the City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated.

C. On receipt of notice under Section 16.B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise,

1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods,

2. Unless otherwise directed by the City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and

3. Deliver only such portions of the Goods which the City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site.

D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that the City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C.

Section 18. Force Majeure
A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event.

B. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of 454
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governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

C. In the event of any such excused interference with shipments, the City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement.

Section 19. Miscellaneous Provisions.

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

Supplier: Ingram Library Services, LLC
One Ingram Boulevard
LaVergne, TN 37086
ATTN: [***INSERT NAME AND TITLE***]
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: L. Todd Hileman, City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.

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

D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 455
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E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

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

G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees.

H. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

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

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

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

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

M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods.

N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO GOODS AND EQUIPMENT PURCHASE AGREEMENT

BETWEEN THE CITY OF PALM DESERT

AND INGRAM LIBRARY SERVICES, LLC
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

CITY OF PALM DESERT
By:

L. Todd Hileman
City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney

INGRAM LIBRARY SERVICES, A LIMITED

LIABILITY COMPANY
By:
[Insert Name(not all Caps)]
[Insert Title(not all Caps)]
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
457
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Exhibit A
Goods Specifications
[***INSERT GOODS SPECIFICATION OR ATTACHMENT***]
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Exhibit B
Delivery Schedule
[***INSERT DELIVERY SCHEDULE OR ATTACHMENT***]
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Revised 01-2024
Exhibit C
Fee Schedule
[***INSERT FEE SCHEDULE OR ATTACHMENT***]
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CITY OF PALM DESERT

GOODS AND EQUIPMENT PURCHASE AGREEMENT

PHYSICAL BOOK PURCHASE
This Goods and Equipment Purchase Agreement (“Agreement”) is made and entered into this 1th day of July, 2024, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, (“City”) and Baker and Taylor, LLC, with its principal place of business at P.O. BOX 277930, ATLANTA, GA. 30384 ("Supplier"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties." Section 1. Definitions/Cooperative Procurement.

A. Definitions.

1. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor, or other services, including design, engineering, and installation services, provided by Supplier as specified in Exhibit “A”, attached hereto and incorporated herein by reference.

2. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to the City, ready for approval, testing and/or use as specified in Exhibit “A.” B. Cooperative Procurement. This Agreement is entered into pursuant to City of Palm Desert Municipal Code section 3.30.160, which authorizes participation with other governmental agencies who have, through a bidding process, determined to award or purchase goods and/or services from Supplier.

Section 2. Compensation
Supplier shall receive compensation, including authorized reimbursements, for all Goods and Services rendered under this Agreement at the rates set forth in Exhibit “A” attached hereto and incorporated herein by reference. The total compensation shall not exceed Three Hundred and Fifty Thousand Dollars and zero cents ($350,000.00) in aggregate, without written approval of the City Council or City Manager, as applicable.

Section 3. Materials And Workmanship.

When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without the City’s written approval. Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, the City will decide the question of equality. When requested by the City, Supplier will furnish the City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment, and material to be incorporated in the Goods. Material samples will be submitted at the City’s request.

Section 4. Inspections And Tests.

The City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, 461
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unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, the City may reject the Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair the City’s right to reject nonconforming goods, irrespective of the City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof.

Section 5. Warranty.

A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by the City as required for final payment under Section 7. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards.

B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. The City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B.

C. For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will, immediately after receiving notice from the City, at the option of the City, and at Supplier’s own expense and without cost to the City:

1. Repair the defective Goods;

2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or

3. Repay to City the purchase price of the defective Goods.

If City selects repair or replacement, any defects will be remedied without cost to the City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to the City.

D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold the City and their officials, officers, employees, volunteers, representatives and agents harmless against any and all third-party claims resulting from the breach or inaccuracy of any of the foregoing warranties.

E. In the event of a breach by Supplier of its obligations under this Section 4, the City will not be limited to the remedies set forth in this Section 4, but will have all the rights and 462
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remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to the City under the California Commercial Code.

Section 6. Prices.

Unless expressly provided otherwise, all prices and fees specified in Exhibit “A,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by the City’s authorized representative. The total price shall include (i) all federal, state, and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to the City hereunder; and (ii) all charges for packing, freight and transportation to destination.

Section 7. Changes.

City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between the City and Supplier and such change will be authorized by a change order document signed by the City and accepted by Supplier.

Section 8. Payments.

A. Term. The term of this Agreement shall be from July 1, 2024, to June 30, 2026, with (3) one year renewals unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.

B. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods.

C. If Progress Milestones have been specified in Exhibit “A,” then payments for the Goods will be made as the requirements of such Progress Milestones are met. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “A.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “A” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “A” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by the City in advance of the first invoice cycle.

D. Payments otherwise due may be withheld by the City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect the City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, 463
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the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, the City may remove them at Supplier’s expense.

E. Payment of the final Progress Milestone payment or any retention will be made by City upon:

1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “A” and in the amount associated with the Progress Milestone;

2. Written acceptance of the Goods by the City;

3. Delivery of all drawings and specifications, if required by City;

4. Delivery of executed full releases of any and all liens arising out of this Agreement; and

5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full.

If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to the City to indemnify City against any claim or lien at no cost to the City.

E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against the City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.

Section 9. Schedule For Delivery.

A. The time of Supplier’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “A.” Supplier must immediately notify the City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights the City may have under this Agreement or at law, Supplier shall pay City the sum of $250.00 per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “A.” B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that the City can maximize the efficient completion of such project(s).

Section 10. Taxes.

A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement. 464
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B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld.

C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier.

D. Supplier will, upon written request, submit to the City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder.

Section 11. Independent Contractor.

Supplier enters into this Agreement as an independent contractor and not as an employee of the City. Supplier shall have no power or authority by this Agreement to bind the City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors, or subcontractors hired or retained by the Supplier are employees, agents, contractors, or subcontractors of the Supplier and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement.

Section 12. Subcontracts.

Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section 14.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to the City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City.

Section 13. Title And Risk Of Loss.

Unless otherwise agreed, the City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of the City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then the City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods, but which does not become a part of the Goods. 465
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Section 14. Indemnification.

A. Supplier shall defend, indemnify and hold the City of Palm Desert (“City”), and their officials, officers, employees, volunteers, representatives and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors, and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, and their officials, officers, employees, agents, representatives or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against the City or its officials, officers, employees, agents, representatives, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse the City and their officials, officers, employees, agents, representatives and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, and their officials, officers, employees, agents, representatives, or volunteers.

Section 15. Insurance.

A. General. Supplier shall take out and maintain:

1. Commercial General Liability Insurance, of at least $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;

2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto);

3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and

4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials.

5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000. 466
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B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage.

The policies required under this Section shall give the City, and their officials, officers, employees, agents, representatives, or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City, or any additional insureds shall not be called upon to contribute to any loss and shall contain or be endorsed with a waiver of subrogation in favor of the City, and their officials, officers, employees, agents, representatives, and volunteers. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.

C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.

D. Evidence of Insurance. Supplier shall furnish the City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods.

Section 16. Liens.

A. Supplier, subcontractors and any other suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and any other suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and any other suppliers agree that this provision waiving the right of Claims will be an independent covenant.

B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims. 467
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Section 17. Termination Of Agreement By City.

A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, the City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier.

In such event the City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools, and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City.

B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which the City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated.

C. On receipt of notice under Section 16.B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise,

1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods,

2. Unless otherwise directed by the City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and

3. Deliver only such portions of the Goods which the City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site.

D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that the City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C.

Section 18. Force Majeure
A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event.

B. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor 468
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action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

C. In the event of any such excused interference with shipments, the City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement.

Section 19. Miscellaneous Provisions.

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

Supplier: Baker and Taylor, LLC
P.O. Box 277930
Atlanta, GA. 30384
ATTN: [***INSERT NAME AND TITLE***]
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: L. Todd Hileman, City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.

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

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

E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or 469
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service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

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

G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees.

H. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

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

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

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

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

M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods.

N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing.
[SIGNATURES ON FOLLOWING PAGE]
470
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SIGNATURE PAGE TO GOODS AND EQUIPMENT PURCHASE AGREEMENT

BETWEEN THE CITY OF PALM DESERT

AND BAKER AND TAYLOR, LLC
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

CITY OF PALM DESERT
By:

L. Todd Hileman
City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney

BAKER AND TAYLOR, A LIMITED

LIABILITY COMPANY
By:
[Insert Name(not all Caps)]
[Insert Title(not all Caps)]
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
471
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Exhibit “A” Revised 01-2024
Exhibit A
Goods Specifications
[***INSERT GOODS SPECIFICATION OR ATTACHMENT***]
472
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Exhibit “B” Revised 01-2024
Exhibit B
Delivery Schedule
[***INSERT DELIVERY SCHEDULE OR ATTACHMENT***]
473
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Exhibit “C”
Revised 01-2024
Exhibit C
Fee Schedule
[***INSERT FEE SCHEDULE OR ATTACHMENT***]
474
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CITY OF PALM DESERT

GOODS AND EQUIPMENT PURCHASE AGREEMENT

PHYSICAL AND DIGITAL BOOKS AND MATERIALS
This Goods and Equipment Purchase Agreement (“Agreement”) is made and entered into this 1st day of July, 2024, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, (“City”) and Barnes and Noble, Inc., with its principal place of business at 72-840 Highway 111 STE. 425, Palm Desert, CA 92260 ("Supplier"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."
Section 1. Definitions/Cooperative Procurement.

A. Definitions.

1. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor, or other services, including design, engineering, and installation services, provided by Supplier as specified in Exhibit “A”, attached hereto and incorporated herein by reference.

2. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to the City, ready for approval, testing and/or use as specified in Exhibit “A.” B. Cooperative Procurement. This Agreement is entered into pursuant to City of Palm Desert Municipal Code section 3.30.160, which authorizes participation with other governmental agencies who have, through a bidding process, determined to award or purchase goods and/or services from Supplier.

Section 2. Compensation
Supplier shall receive compensation, including authorized reimbursements, for all Goods and Services rendered under this Agreement at the rates set forth in Exhibit “A” attached hereto and incorporated herein by reference. The total compensation shall not exceed Three Hundred and Fifty Thousand Dollars and zero cents ($350,000.00) in aggregate, without written approval of the City Council or City Manager, as applicable.

Section 3. Materials And Workmanship.

When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without the City’s written approval. Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, the City will decide the question of equality. When requested by the City, Supplier will furnish the City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment, and material to be incorporated in the Goods. Material samples will be submitted at the City’s request.

Section 4. Inspections And Tests.

The City shall have the right to inspect and/or test the Goods prior to acceptance. If upon 475
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inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, the City may reject the Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair the City’s right to reject nonconforming goods, irrespective of the City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof.

Section 5. Warranty.

A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by the City as required for final payment under Section 7. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards.

B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. The City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B.

C. For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will, immediately after receiving notice from the City, at the option of the City, and at Supplier’s own expense and without cost to the City:

1. Repair the defective Goods;

2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or

3. Repay to City the purchase price of the defective Goods.

If City selects repair or replacement, any defects will be remedied without cost to the City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to the City.

D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold the City and their officials, officers, employees, volunteers, representatives and agents harmless against any and all third-party claims resulting from the breach or inaccuracy of any of the foregoing warranties. 476
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E. In the event of a breach by Supplier of its obligations under this Section 4, the City will not be limited to the remedies set forth in this Section 4, but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to the City under the California Commercial Code.

Section 6. Prices.

Unless expressly provided otherwise, all prices and fees specified in Exhibit “A,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by the City’s authorized representative. The total price shall include (i) all federal, state, and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to the City hereunder; and (ii) all charges for packing, freight and transportation to destination.

Section 7. Changes.

City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between the City and Supplier and such change will be authorized by a change order document signed by the City and accepted by Supplier.

Section 8. Payments.

A. Term. The term of this Agreement shall be from July 1, 2024, to June 30, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 2 additional one-year terms.

Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.

B. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods.

C. If Progress Milestones have been specified in Exhibit “A,” then payments for the Goods will be made as the requirements of such Progress Milestones are met. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “A.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “A” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “A” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by the City in advance of the first invoice cycle.

D. Payments otherwise due may be withheld by the City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the 477
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Agreement, or to protect the City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, the City may remove them at Supplier’s expense.

E. Payment of the final Progress Milestone payment or any retention will be made by City upon:

1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “A” and in the amount associated with the Progress Milestone;

2. Written acceptance of the Goods by the City;

3. Delivery of all drawings and specifications, if required by City;

4. Delivery of executed full releases of any and all liens arising out of this Agreement; and

5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full.

If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to the City to indemnify City against any claim or lien at no cost to the City.

E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against the City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.

Section 9. Schedule For Delivery.

A. The time of Supplier’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “A.” Supplier must immediately notify the City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights the City may have under this Agreement or at law, Supplier shall pay City the sum of $250.00 per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “A.” B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that the City can maximize the efficient completion of such project(s). 478
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Section 10. Taxes.

A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement.

B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld.

C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier.

D. Supplier will, upon written request, submit to the City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder.

Section 11. Independent Contractor.

Supplier enters into this Agreement as an independent contractor and not as an employee of the City. Supplier shall have no power or authority by this Agreement to bind the City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors, or subcontractors hired or retained by the Supplier are employees, agents, contractors, or subcontractors of the Supplier and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement.

Section 12. Subcontracts.

Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section 14.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to the City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City.

Section 13. Title And Risk Of Loss.

Unless otherwise agreed, the City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of the City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the 479
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possession of Supplier, then the City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods, but which does not become a part of the Goods.

Section 14. Indemnification.

A. Supplier shall defend, indemnify and hold the City of Palm Desert (“City”), and their officials, officers, employees, volunteers, representatives and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors, and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, and their officials, officers, employees, agents, representatives or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against the City or its officials, officers, employees, agents, representatives, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse the City and their officials, officers, employees, agents, representatives and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, and their officials, officers, employees, agents, representatives, or volunteers.

Section 15. Insurance.

A. General. Supplier shall take out and maintain:

1. Commercial General Liability Insurance, of at least $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;

2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto);

3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and

4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials. 480
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5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000.

B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage.

The policies required under this Section shall give the City, and their officials, officers, employees, agents, representatives, or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City, or any additional insureds shall not be called upon to contribute to any loss and shall contain or be endorsed with a waiver of subrogation in favor of the City, and their officials, officers, employees, agents, representatives, and volunteers. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.

C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.

D. Evidence of Insurance. Supplier shall furnish the City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods.

Section 16. Liens.

A. Supplier, subcontractors and any other suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and any other suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and any other suppliers agree that this provision waiving the right of Claims will be an independent covenant.

B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own 481
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expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims.

Section 17. Termination Of Agreement By City.

A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, the City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier.

In such event the City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools, and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City.

B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which the City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated.

C. On receipt of notice under Section 16.B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise,

1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods,

2. Unless otherwise directed by the City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and

3. Deliver only such portions of the Goods which the City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site.

D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that the City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C.

Section 18. Force Majeure
A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event.

B. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of 482
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governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

C. In the event of any such excused interference with shipments, the City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement.

Section 19. Miscellaneous Provisions.

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

Supplier: Barnes and Noble, Inc.

P.O. Box 277930
Atlanta, GA. 30384
ATTN: [***INSERT NAME AND TITLE***]
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: L. Todd Hileman, City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.

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

D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 483
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E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

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

G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees.

H. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

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

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

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

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

M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods.

N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO GOODS AND EQUIPMENT PURCHASE AGREEMENT

BETWEEN THE CITY OF PALM DESERT
AND BARNES AND NOBLE, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

CITY OF PALM DESERT
By:

L. Todd Hileman
City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney

BARNES AND NOBLE, A CORPORATION
By:
[Insert Name(not all Caps)]
[Insert Title(not all Caps)]
By:
[Insert Name(not all Caps)]
[Insert Title(not all Caps)]
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
485
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Exhibit “A” Revised 01-2024
Exhibit A
Goods Specifications
[***INSERT GOODS SPECIFICATION OR ATTACHMENT***]
486
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Exhibit “B” Revised 01-2024
Exhibit B
Delivery Schedule
[***INSERT DELIVERY SCHEDULE OR ATTACHMENT***]
487
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Exhibit “C”
Revised 01-2024
Exhibit C
Fee Schedule
[***INSERT FEE SCHEDULE OR ATTACHMENT***]
488