Palm Desert City Council
June 27, 2024

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: June 27, 2024
PREPARED BY: Anthony J. Mejia, City Clerk
REQUEST: LETTER OF SUPPORT FOR SENATE JOINT RESOLUTION 16,

CHUCKWALLA NATIONAL MONUMENT AND THE JOSHUA TREE

NATIONAL MONUMENT
RECOMMENDATION:

Ratify issuance of a letter of support for Senate Joint Resolution 16 (Padilla) related to the establishment of the Chuckwalla National Monument.

BACKGROUND/ANALYSIS:

On May 9, 2024, the City Council adopted Resolution 2024-018 in support of the establishment of the Chuckwalla National Monument and expansion of the Joshua Tree National Park via an adjacent national monument. This resolution called upon congress to enact legislation or the President to use the federal Antiquities Act of 1906 to establish the Chuckwalla National Monument.

On June 18, 2024, the Office of State Senator Steve Padilla reached out to the City of Palm Desert requesting support for Senate Joint Resolution 16 urging the President to use the federal Antiquities Act of 1906 to establish the Chuckwalla National Monument. SJR 16 is consistent with the City Council’s previous action. The City Council Ad Hoc Committee on Legislative Affairs approved the immediate issuance of the letter of support.

Legal Review:

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

FINANCIAL IMPACT:

There is no financial impact associated with this action.

ATTACHMENTS:

1. Letter of Support and Resolution No. 2024-018

2. SJR 16 Fact Sheet
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C I T Y O F P A L M D E S E R T
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760-346-0611
[email protected]
June 19, 2024
The Honorable Dave Min
Chair, California Senate Committee on Natural Resources and Water 1021 O Street, Suite 6710
Sacramento, CA 95814
RE: SJR 16 (PADILLA) CHUCKWALLA NATIONAL MONUMENT AND THE JOSHUA

TREE NATIONAL MONUMENT - SUPPORT
Dear Chair Min:

On behalf of the City of Palm Desert, I am pleased to offer our strong support of SJR 16, which urges the President to use the federal Antiquities Act of 1906 to establish the Chuckwalla National Monument and to create a National Park Service-managed Joshua Tree National Monument adjacent to Joshua Tree National Park.

Local efforts aim to establish the Chuckwalla National Monument which would protect approximately 660,000 acres of federal public lands spanning from the Coachella Valley region in the west to the Colorado River in the east. Designating the Chuckwalla National Monument would ensure equitable access to nature, honor a cultural landscape, and safeguard the desert’s unique biodiversity, wildlife habitats, landscape connectivity, and history.Moreover, the desert’s ability to sequester carbon, an often undervalued role, plays a crucial part in reducing carbon impacts, highlighting the importance of preserving these lands.

Additionally, these efforts propose to protect approximately 17,000 acres of public lands adjacent to the east side of Joshua Tree National Park. The National Park Service (NPS) has studied this proposed expansion and indicated that it would be feasible to incorporate the area into the park. According to the NPS, these lands are a “key building block” for landscape conservation in the desert, and, in particular, the area is important for the migration of desert bighorn sheep populations.

The lands proposed for protection include the homelands of the Iviatim, Nüwü, Pipa Aha Macav, Kwatsáan, and Maara’yam peoples (Cahuilla, Chemehuevi, Mojave, Quechan, and Serrano nations). This is a living landscape with interconnected cultural, natural, and spiritual significance; sustaining the well-being and survival of Indigenous peoples today. Furthermore, co-management with tribal nations is essential in honoring their stewardship and ensuring the protection and preservation of these lands for future generations.

SJR 16 (Padilla) would also significantly advance state and federal “30×30” goals to protect 30% of lands and coastal waters by 2030 given to the size of the proposed Chuckwalla National Monument.

For these reasons, we support SJR 16 (Padilla) and urge the committee to support the establishment of the Chuckwalla National Monument. If you have any questions regarding our position, please do not hesitate to contact the City Manager, Todd Hileman, at (760) 346-0611 or email [email protected].

Sincerely,
Karina Quintanilla
Mayor, City of Palm Desert
Enclosure 491
DocuSign Envelope ID: DCF9O5A0-571A-407A-A9CA-81E231BCF098 RESOLUTION NO. 2024-018

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, IN SUPPORT OF THE ESTABLISHMENT OF

THE PROPOSED CHUCKWALLA NATIONAL MONUMENT AND

EXPANSION OF JOSHUA TREE NATIONAL PARK VIA AN ADJACENT

NATIONAL MONUMENT
WHEREAS, the proposed Chuckwalla National Monument and expansion of Joshua Tree National Park contain spectacular public lands that are a scenic, environmental, economic, cultural, and recreational resource both locally as well as across our state; and
WHEREAS, the proposed Chuckwalla National Monument and expansion of Joshua Tree National Park support year-round habitats for diverse wildlife such as desert bighorn sheep, desert tortoise, a wide variety of birds, and many other species; and WHEREAS, publicly owned and federally managed desert lands constitute a public wildland resource of extraordinary and inestimable value and deserve to be protected for present and future generations; and
WHEREAS, securing permanent protection for the proposed Chuckwalla National Monument and expansion of Joshua Tree National Park will secure the quality of life and recreational opportunities directly related to our public lands for generations to come; and WHEREAS, multiple studies have shown that National Monuments create jobs and support positive economics for communities nearby; and
WHEREAS, these areas contain significant cultural, archeological, historic, and scientific values worthy of permanent protection; and
WHEREAS, it remains in the City's interest to maintain and protect the California desert as a recreational resource and a place for citizens of and visitors to Palm Desert to recreate, spend time with family, or simply gaze into the night sky.

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

SECTION 1. That the City Council of the City of Palm Desert hereby affirms its support for the establishment via legislation or executive action of the proposed Chuckwalla National Monument and expansion of Joshua Tree National Park.

SECTION 2. That the City Council asks President Biden to designate the proposed Chuckwalla National Monument and expansion of Joshua Tree National Park promptly through Presidential proclamation via the Antiquities Act. 492
DocuSign Envelope ID: DCF905A0-571A-407A-A9CA-81E231 BCF098 Resolution No. 2024-018 Page 2
SECTION 3. That the City Council hereby directs the City Clerk to send a copy of this resolution to United States President Joe Biden, Representative Dr. Raul Ruiz, Representative Ken Calvert, Senator Laphonza Butler, and Senator Alex Padilla.

ADOPTED ON MAY 9, 2024.

ANTHONY J. MEJIA

CITY CLERK
rDocuSlgned
~~
by:

JF3016961Cl61R'J

KARINA QUINTANILLA
MAYOR
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-018 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 May 9, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

HARNIK, KELLY, NESTANDE, TRUBEE, AND QUINTANILLA
NONE
NONE
NONE
NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on 5/10/2024
--------
ANTHONY J. MEJIA

CITY CLERK
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1 HOUSING COMMISSION

CITY OF PALM DESERT

REGULAR MEETING MINUTES
May 8, 2024, 3:30 p.m.

Present: Commissioner Olivia Docken, Commissioner Dominic Moore, Commissioner Melody Morrison, Vice Chair Franchon-Marie Siddiq, Chair Kathleen Bauer

Absent: Commissioner Jann Buller
Staff Present: Housing Manager Jessica Gonzales, Management Analyst Celina Cabrera, Senior Administrative Assistant Damian Olivares, Community Services Manager Shawn Muir, Recording Secretary Michelle Nance
Liaison(s) Present: Councilmember Kathleen Kelly

1. CALL TO ORDER
A Regular Meeting of the Housing Commission was called to order by Chair Bauer on May 8, 2024, at 3:37 p.m. in the Administrative Conference Room, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California.

2. ROLL CALL

3. NON-AGENDA PUBLIC COMMENTS

4. CONSENT CALENDAR
Motion by: Chair Bauer
Seconded by: Commissioner Docken
To approve the consent calendar, with items 4.b and 4.c pulled for separate discussion.

Motion Carried (6 to 0)

4.a APPROVAL OF MINUTES
Motion by: Chair Bauer
Seconded by: Commissioner Docken
Approve the Minutes of April 10, 2024.

Motion Carried (4 to 0)
DocuSign Envelope ID: 0E6D2A63-0A3B-4907-8CF1-2D45768430E2 497
2 5. CONSENT ITEMS HELD OVER

5.a RESOLUTION TO ESTABLISH PALM DESERT HOUSING COMMISSION REGULAR MEETING DATES FOR FY 2024/2025
Management Analyst Cabrera presented a Staff Report and responded to Commissioner inquiries.

Motion by: Commissioner Morrison
Seconded by: Commissioner Docken
Recommend that the Authority Board adopt a Housing Authority Resolution to establish Palm Desert Housing Commission regular meeting dates for FY 2024/2025.

Motion Carried (5 to 0)

5.b AUTHORIZATION TO USE LOWE’S HOME CENTERS, INC., HOME DEPOT U.S.A, INC., HD SUPPLY FACILITIES MAINTENANCE, AND SHERWIN

WILLIAMS FOR THE PURCHASE OF MATERIALS, SUPPLIES, PAINT, AND

APPLIANCES FOR PALM DESERT HOUSING AUTHORITY PROPERTIES FOR FY 2024/2025
Management Analyst Cabrera presented a Staff Report and responded to Commissioner inquiries.

Motion by: Commissioner Docken
Seconded by: Chair Bauer
Recommend the Palm Desert Housing Authority Board:

1. Authorize the use of Lowe’s Home Centers, Inc. for the reoccurring purchase of materials, supplies, and appliances by property management, pursuant to Section 3.30.160(E) of the Palm Desert Municipal Code for FY 2024/2025 in an amount not to exceed $230,000.

2. Authorize the use of Home Depot U.S.A., Inc. for the reoccurring purchase of materials and supplies, by property management, pursuant to Section

3.30.160(E) of the Palm Desert Municipal Code for FY 2024/2025 in an amount not to exceed $60,000.

3. Authorize the use of HD Supply Facilities Maintenance for the reoccurring purchase of materials and supplies by property management pursuant to Section 3.30.160(E) of the Palm Desert Municipal Code for FY 2024/2025 in an amount not to exceed $320,000.

4. Authorize the use of The Sherwin-Williams Company for the reoccurring purchase of paint and supplies by property management pursuant to Section 3.30.160(E) of the Palm Desert Municipal Code for FY 2024/2025 in an amount not to exceed 80,000.

5. Authorize the disposal and recycling of inefficient, damaged, obsolete, and non-functioning appliances as appropriate in accordance with EPA DocuSign Envelope ID: 0E6D2A63-0A3B-4907-8CF1-2D45768430E2 498
3 standards and declare as surplus at the time of removal from the properties.

Motion Carried (5 to 0)

6. ACTION CALENDAR

6.a AWARD OF A CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 3 TO EXCEL LANDSCAPE, INC., CORONA, CALIFORNIA, IN THE ANNUAL AMOUNT OF $418,680 PLUS REPAIR WORK AND SERVICES FOR AN ANNUAL AMOUNT NOT TO EXCEED $85,000 (PROJECT NO. MLS00010) Community Services Manager Muir presented the Staff Report and answered Commissioner inquiries.

Manny Mendez of Liberty Landscape, Inc. spoke about the current contract held by Liberty Landscape.

Motion by: Commissioner Docken
Seconded by: Chair Bauer
Recommend the Palm Desert Housing Authority Board:

1. Award a Contract for Landscape Maintenance Area No. 3 to Excel Landscape, Inc., of Corona, CA, in the annual amount of $418,680;

2. Authorize extra work and services in an annual amount not to exceed $85,000;

3. Authorize the Executive Director or designee to review and approve written contract amendment and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code; and,

4. Authorize the Executive Director to execute the said agreement.

NOES (4): Commissioner Moore, Commissioner Morrison, Vice Chair Siddiq, and Chair Bauer
Motion Fails (1 to 4)

6.b AUTHORIZATION TO USE AND APPROVAL TO ENTER INTO AN
AGREEMENT WITH GARLAND/DBS, INC. FOR ROOF REPAIRS AND
RELATED SERVICES AS PART OF THEIR “DRY ZONE” PROGRAM BASED

ON THE NATIONAL COOPERATIVE AGREEMENT WITH OMNIA PARTNERS Management Analyst Cabrera presented Staff Report and answered Commissioner inquiries.

Motion by: Commissioner Morrison
Seconded by: Vice Chair Siddiq
DocuSign Envelope ID: 0E6D2A63-0A3B-4907-8CF1-2D45768430E2 499
4 Recommend the Palm Desert Housing Authority Board:

1. Authorize the use Garland/DBS, Inc., an Omnia Partners, Inc. national cooperative contract holder, for roof repairs and related services as part of their “Dry Zone” program pursuant to Section 3.30.160(E) of the Palm Desert Municipal Code for FY 2024/2025 in an annual amount not to exceed $75,000 per fiscal year without written approval of the Palm Desert Housing Authority Board or Executive Director, as applicable. Each occurrence shall not exceed $3,500.00 per occurrence without written approval of the Authority’s Representative or his or her designee.

2. Enter into an agreement with Garland/DBS for a term of three (3) years under the Omnia Partners, Inc. national cooperative agreement R230401 with an option to renew the contract annually for no more than two (2) additional one-year terms.

3. Authorize the Executive Director, or his designee, to take any necessary actions to facilitate execution of agreement with Garland/DBS, Inc., and execute any documents necessary to effectuate the actions taken herewith.

Motion Carried (5 to 0)

6.c AUTHORIZATION TO USE OF QUILL, LLC., AND NATIONAL SERVICES

COMPANY DBA WAXIE SANITARY SUPPLY FOR THE PURCHASE OF

OFFICE, JANITORIAL, AND SANITARY SUPPLIES FOR THE PALM DESERT HOUSING AUTHORITY FOR FISCAL YEAR 2024/25
Management Analyst Cabrera presented Staff Report and answered Commissioner inquiries.

Motion by: Chair Bauer
Seconded by: Commissioner Morrison
Recommend the Palm Desert Housing Authority Board:

1. Authorize the use of Quill, LLC, for the reoccurring purchase of office supplies for the management of the Housing Authority properties, by property management, pursuant to Section 3.30.160 (E) of the Palm Desert Municipal Code in an amount not to exceed $58,600 or Fiscal Year 2024/25.

2. Authorize the use of National Services Company dba Waxie Sanitary Supply for the reoccurring purchase of janitorial and sanitary supplies, by property management, for the Housing Authority properties pursuant to Section 3.30.160 (E) of the Palm Desert Municipal Code in an amount not to exceed $36,100 for Fiscal Year 2024/25.

Motion Carried (5 to 0)
DocuSign Envelope ID: 0E6D2A63-0A3B-4907-8CF1-2D45768430E2 500
5 7. INFORMATIONAL REPORTS & COMMENTS

7.a SUMMARY OF CITY COUNCIL AND HOUSING AUTHORITY ACTIONS None.

7.b FGA MONTHLY REPORTS
None.

7.c HOUSING COMMISSIONERS
None.

7.d CITY COUNCIL LIAISON
Councilmember Kelly provided an update on Budget Study Sessions and expressed gratitude to Staff.

7.e CITY STAFF

7.e.1 HOME IMPROVEMENT PROGRAM ACTIVITY REPORT FOR MARCH 2024
Housing Manager Gonzales provided an update on the Home Improvement Program and encouraged Commissioners to visit the City's website for information regarding upcoming events. No formal action was taken on this item.

Receive and file the Home Improvement Program Activity Report for March 2024.

7.f ATTENDANCE REPORT
Report provided; no action taken on this item.

8. ADJOURNMENT
The Housing Commission adjourned at 4:16 p.m.

9. PUBLIC NOTICES
_________________________
Michelle Nance, Deputy Clerk
Recording Secretary
_________________________
Jessica Gonzales, Housing Manager
Secretary
DATE APPROVED BY HOUSING COMMISSION: 6/12/2024
DocuSign Envelope ID: 0E6D2A63-0A3B-4907-8CF1-2D45768430E2 501
502

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: June 27, 2024
PREPARED BY: Nick Melloni, AICP, Principal Planner
REQUEST: APPROVE CONTRACT WITH FEHR & PEERS FOR THE PREPARATION

OF A GENERAL PLAN AMENDMENT TO THE MOBILITY ELEMENT IN
AN AMOUNT NOT TO EXCEED $139,076.

RECOMMENDATION:

1. Approve contract with Fehr & Peers of Walnut, California, to prepare a General Plan Amendment to the Mobility Element in an amount not to exceed $139,076.

2. Appropriate $139,076 from unassigned General Fund reserve monies to Account No. 1104470-4305000 in FY 2024-25.

3. Authorize the City Attorney to make any necessary non-monetary changes to the contract.

4. Authorize the City Manager to execute said contract.

BACKGROUND/ANALYSIS:

California state law requires all cities and counties to adopt a general plan, a long-range planning document “for the physical development of the county, or city, and any land outside it boundaries which in the planning agency’s judgment bears relation to its planning” (Gov. Code §65300). The Mobility Element, also known as a Circulation Element, is a mandatory component of a general plan. The Mobility Element identifies the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other local public utilities and facilities.

The City of Palm Desert adopted its current general plan, including the mobility element on November 10, 2016, by Resolution No. 2016-87. Since this adoption, several state policies and regulations have been implemented addressing roadway safety (Senate Bill or “SB” 932), vehicle miles traveled or “VMT” (SB 743), and other requirements pertaining to housing (SB 330 / SB 35) that need to be addressed in the City’s general plan and mobility element. Additionally, the element requires content updates to ensure it is clear, objective, internally consistent, and consistent with area plans and recommendations found in the City’s Active Transportation Plan.

These changes require the City to update the Mobility Element to implement state law and establish policy to implement the City’s active transportation plan, transit plan, and capital improvement updates. On May 9, 2024, Planning Staff presented a City Council Study Session Item (Attachment 3) outlining a proposed action plan to amend the element, which Council found appropriate provided efforts are taken to coordinate future transit plans with Sunline Transit Agency (STA).

Staff reached out to a qualified transportation engineering firm, Fehr & Peers (“traffic consultant”), from the pre-approved qualified vendor to assist in the preparation of the Mobility Element update and any necessary environmental analysis. Staff believes entering into a 503
City of Palm Desert
Budget Appropriation for General Plan Mobility Element Update

contract with this consultant is in the best of the City due to their familiarity and experience with the City, County of Riverside, and CVAG. Fehr & Peers prepared the original traffic analysis for the 2016 General Plan mobility element and are familiar with the City’s circulation. Additionally, Fehr & Peers developed the Riverside County Model, RIVCOM which the City relies upon for VMT. Fehr & Peers works closely with CVAG and is able to obtain most recent traffic data and counts for the preparation of this amendment. As a result, and in accordance with Palm Desert Municipal Code § 3.30.160.I, it was determined that it would be in the best interest of the City to enter into a contract with Fehr & Peers to complete the General Plan Mobility Element Update.

Fehr & Peers has prepared a preliminary scope of work (Attachment 1) to update the element by developing transportation policies to incorporate into the element including, but not limited to:
 Vehicle Miles Traveled (VMT) transportation impacts
 Level of Service (LOS)
 Maximum allowable roadway cross section
 Consistency with State Law (SB 330, SB 35)
 Coachella Valley Passenger Rail Service
 Transit System and coordination with Sunline Transit Agency  Safety and Vision Zero Strategies.

Fehr and Peers fee proposal to complete the scope of work in the amount of $139,076 (Attachment 2). Amounts in excess of the proposed fee will require a contract amendment.

Legal Review:

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

FINANCIAL IMPACT:

Budget for this contract was not included in the FY 2024-25 proposed budget due to the late timing of the study session and deadline for budget requests. Approval of this contract will require an appropriation in the amount of $139,076 from Unassigned General Fund Reserve monies to Account 1104470-4305000 for FY 2024-25.

ATTACHMENTS:

1. Fehr & Peers Proposed Scope

2. Fehr & Peers Fee Proposal

3. Update to General Plan Mobility Element Study Session Presentation

4. Draft Professional Services Agreement
504
3750 University Avenue | Suite 225 | Riverside, CA 92501 | (951) 274-4800 | Fax (951) 684-4324 ***.fehrandpeers.com
May 1, 2024
Nick Melloni
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
Subject: City of Palm Desert General Plan Circulation Element Update Scope of Work P24-2461
Fehr & Peers is pleased to support the City of Palm Desert’s efforts to update the City’s General Plan Circulation Element. Fehr & Peers was part of the previous update to the Circulation Element that was last updated in 2016. Since its adoption, several state policies and regulations have been put in place addressing roadway safety, vehicle miles of travel (VMT) emergency evacuation, and other requirements. Additionally, as we have discussed, the element needs a content update is needed to ensure consistency with the area plans and consistency with recommendations in the City’s Active Transportation Plan.

Below please find the proposed scope of work, including optional tasks for the City’s consideration.

Task 1: Project Management
Task 1.1: Kick-Off Meeting
Fehr & Peers will work with the City’s Project Manager to schedule a project kickoff meeting. Fehr & Peers will prepare a draft agenda to discuss the project schedule and goals, and to confirm the approach to the transportation technical analyses, including travel demand modeling assumptions, roadway network scenarios, and the analysis scenario years. The team will also discuss available data sources and traffic count locations. In addition, we will discuss contract management and invoicing to ensure we submit invoices in accordance with City requirements.

Task 1.2: Regular Project Meetings
Recurring monthly meetings will be scheduled between Fehr & Peers and City staff to review analyses, deliverables, discuss findings, raise any issues or concerns, and provide an update on next steps.

Task 1.3: Contract Management
Fehr & Peers will submit monthly progress reports and invoices. The progress reports will recap work associated with the monthly invoice.
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Nick Melloni, City of Palm Desert
May 1, 2024

Task 1 Deliverables:

1. Kick-Off Meeting Agenda, including project schedule, data needs, regular status updates/meetings, and invoicing.

2. Monthly check-in calls/meetings (agendas and meeting minutes will be provided).

3. Monthly invoices and progress reports.

Task 2: Existing Conditions
Task 2.1: Data Collection and Review
Fehr & Peers’ initial will include a review of relevant documents including the current General Plan, recent CEQA documents, regional planning documents (such as the Congestion Management Plan (CMP), Regional Transportation Plan (RTP), Area and Specific Plans, documents prepared by CVAG, local transit/active transportation plans, recent traffic impact studies prepared for new development, and any other planning documents that would provide additional information relative to the Circulation Update effort. The purpose of this review is to identify existing data needs and determine which of the previous data collection and mapping efforts can be employed in this analysis.

Fehr & Peers will use SCAG’s data portal to pull Streetlight estimates of daily traffic volumes on the same segments collected as part of the 2016 effort. We will compare the Streetlight data to the 2016 dataset and discuss the changes in traffic volumes projected by Streetlight on these segments. We can also supplement with available traffic counts from other traffic studies in the area and/or from available traffic counts reported to CVAG.

We do not anticipate that traffic volumes would have changed significantly and, as such, we don’t believe there is a lot of value in collecting new traffic counts (outside of using the free Streetlight data from SCAG). We will discuss this with City staff as part of our scope finalization and can work with the City to include additional traffic count data if desired for an additional fee.

Task 2.2: Existing Conditions Assessment
Using the data collected in Task 2.1, a background technical report will be prepared documenting existing conditions in the area. This will include a regulatory context summarizing recent legislative requirements the General Plan should consider, existing roadway network classifications, existing and proposed active transportation facilities, transit service, existing truck and rail facilities, and relevant census information such as commute trip information, mode split information, and relative locations of where Palm Desert residents work and vice versa. Key issues and opportunities will be documented in this report. This report will also summarize the Streetlight traffic count data on study roadway segments and will highlight areas where traffic counts have changed significantly since the 2016 assessment was completed. 506
Nick Melloni, City of Palm Desert
May 1, 2024

Fehr & Peers will prepare a draft background technical report and submit it to the City for one round of consolidated comments. Fehr & Peers has budgeted up to four hours of staff time to review comments and make edits to the draft background technical report before submitting as final.

Task 2.3: Safety Assessment
Fehr & Peers will analyze publicly available collision information to summarize roadway collision trends that will assist in identifying a High Injury Network (HIN) as required by SB 932. This HIN network will be used to supplement and inform policies in this element update. Fehr & Peers will also work with the City to better understand and reference the City’s Vision Zero Strategy study that we understand was funded through the last funding cycle associated with the Safe Streets for All (SS4A). These findings will be provided in a series of charts that will be included in the existing conditions background technical report.

Task 2.4: Update Travel Demand Model
Fehr & Peers will utilize either the latest version of the RIVCOM travel demand model or the previously developed City model for this effort. Specifically, we will utilize the Streetlight data and compare base year land use to better understand which model does a better job at estimating exiting travel demand in the area. Outside of updating the base year roadway network in the City limits and performing a high-level land use review, we have not included budget to calibrate either model as part of this effort – rather we will use the most appropriate tool as part of our assessment. Once the appropriate model platform is identified, a baseline model run of the current General Plan land use and roadway network will be prepared. Next, any proposed changes in land use and the roadway network will be updated in the model. The model will be used to compare the Adopted General Plan Circulation Element and the proposed Circulation Element Update with any associated land use changes.

We anticipate that this traffic model will be employed for the following purposes:
• Testing roadway network and classification alternatives • Analyzing the level of service at study roadway segments • Forecasting VMT for the City using a couple of different methods. This can be used to better understand how VMT can/should be incorporated into the City’s policy document and to help inform VMT guidelines for the City.

Please note that our effort does not include assessing the study intersections that were previously evaluated in the General Plan. Fehr & Peers believes that, with the switch to VMT, it is (1) not needed for the circulation element and (2) implies a level of certainty related to driveway locations associated with future development that is not available at this level. 507
Nick Melloni, City of Palm Desert
May 1, 2024

Task 2 Deliverables:

1. List and map of study segments for Streetlight data collection

2. Draft background technical report, including safety assessment

3. Final background technical report, including safety assessment Task 3: Alternatives Development
Task 3.1: Engagement & Coordination
Fehr & Peers will meet with City Staff to review transportation network issues and needs based on existing and expected network operations. Additionally, Fehr & Peers will hold one council workshop to review current issues and potential opportunities with various stakeholders.

Additional engagement opportunities (e.g. online surveys) can be considered but are not included in our scope/fee estimate.

Task 3.2: Roadway Network Alternatives Development
It is anticipated that up to two (2) proposed alternatives will be developed consisting of roadway network, lane, classification, and/or truck routing changes. The updated travel demand model will be used to determine a single preferred roadway network alternative for a future year model. Fehr & Peers will discuss with City Staff the appropriate approach to developing forecasts for this effort.

Task 3 Deliverables:

1. Council issues and opportunities workshop materials and attendance

2. Memorandum documenting input from stakeholders, proposed alternatives, and VMT differences for each alternative
Task 4: SB 743 Transportation Impact Assessment Guidelines We will prepare Transportation Study Guidelines that cover both the CEQA requirements under SB 743, as well as the City’s desire to maintain Level of Service (LOS) requirements. Fehr & Peers will review the City’s current Transportation Study Guidelines and state requirements provided by the Governor’s Office of Planning and Research.

As part of this effort, we will prepare detailed guidelines that explain how to prepare a VMT assessment for screening out projects, as well as how to prepare a VMT analysis for projects that do not screen out. We will also work with City Staff to identify areas of the City where the LOS expectations may need to change. Changes will be incorporated into the Transportation Study Guidelines. Maps will be prepared to identify development locations that screen out of VMT assessment.
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Nick Melloni, City of Palm Desert
May 1, 2024

Task 4 Deliverables:

1. Draft Transportation Study Guidelines

2. Final Transportation Study Guidelines
Task 5: Roadway Network Recommendations
Task 5.1: Roadway Network Alternatives Modeling
Fehr & Peers will model up to two roadway network changes. As part of this exercise, we will calculate the VMT changes associated with the roadway network alternatives.

Task 5.2: Roadway Classifications and Roadway Network Recommendations Fehr & Peers will review the results of the alternative roadway network analyses and develop recommendations for altering functional operations and mobility within each roadway classification. These recommendations may consist of changes to roadway classifications or network changes, such as vacating roadway segments, adding or reducing capacity to existing roadways, and/or safety or operational improvements. These changes will consider potential effects on other transportation modes, such as pedestrians, bicyclists, and public transit. We will also review existing truck routes and recommend changes to support industrial development and goods movement.

Changes will also include a review of roadway cross-sections to ensure consistency within the General Plan (e.g. consistency with the area plans within the document) and consistency with other planning documents in the City (like the ATP).

Task 5 Deliverables:

1. Draft Technical Memorandum recommending changes to roadway classifications and/or the City roadway network

2. VMT modeling showing change in VMT

3. Present proposed changes (a PowerPoint presentation and present at one (1) meeting)

4. Final Technical Memorandum recommending changes to roadway classifications and/or the City roadway network with input from meeting incorporated per City Staff’s direction Task 6: Circulation Element Update
Based on recommendations provided in Task 5 and discussions with City Staff, Fehr & Peers will develop an initial set of transportation policies related to various items for incorporating into the Circulation Element Update, including but not limited to:
• VMT transportation impacts
• Level of Service (LOS)
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Nick Melloni, City of Palm Desert
May 1, 2024

• Maximum allowable roadway cross sections
• Consistency with other state laws (e.g. SB 330, SB 35) • Coachella Valley Passenger Rail Service
• Transit System
• Transportation Demand Management (TDM)
• Safety and Vision Zero Strategies
• Emergency Evacuation Routes
These policy changes will address changes in state law, specifically AB 1358 (Complete Streets requirement), SB 932 (Safe Systems and Vision Zero Approach requirement), SB 743, and SB 330 (clarifying roadway improvement requirements for new housing developments). We envision these changes to result in minor changes to the Circulation Element that will result in a minimal impact on the environment.

Fehr & Peers will develop the initial policies and present these policies to City Staff for review.

Fehr & Peers will combine the information developed in the previous tasks into a comprehensive Circulation Element (including text, graphics, and policies). An implementation matrix will also be prepared to align action steps with added and edited policies.

Task 6 Deliverables:

1. Draft Circulation Element Update and Implementation Matrix

2. Final Circulation Element Update Implementation Matrix Task 7: CEQA Addendum
We will engage PlaceWorks to complete this effort as Mark Teague, a Principal with PlaceWorks, was the CEQA lead for the General Plan EIR when he was at Michael Baker International (MBI).

Mark’s extensive understanding of CEQA and the General Plan EIR will streamline this effort for the City.

The focus of the project will be to update the Circulation Element of the General Plan to create better guidance on meeting Vehicle Miles Travelled (VMT) reductions, improve safety by incorporating Vision Zero, and review of the policies to ensure they meet the needs of the City.

No new roadways or substantial change in the roadway configuration is expected, though the road design may be updated to meet the needs of the project. Rather than prepare an IS/MND or new EIR, we recommend preparation of an Addendum pursuant to California Environmental Quality Act (CEQA) Guidelines §15164. Because the changes can be considered minor, the General Plan EIR (SCH# 2015081020) can be used for the proposed changes. We do not believe that the intent is to recommend change(s) that would result new, or substantially greater impacts than were evaluated in the General Plan EIR. The use of an Addendum builds on the investment in the General Plan made by the City, and significantly shortens the time for consideration of the project. 510
Nick Melloni, City of Palm Desert
May 1, 2024

Finally, as the City’s decision to use an Addendum for this project is supported with substantial evidence on the record, the decision enjoys the same protection as the General Plan EIR if challenged.

PlaceWorks will provide an Administrative Draft Addendum following a format discussed during the kickoff meeting. Their default format for an Addendum follows the findings in §15162 rather than using an initial study. If a formal initial study is requested, we will need to increase the budget and scope accordingly. All impacts identified in the General Plan EIR affected by the recommended changes will be reviewed in the context of the overall General Plan and the analysis in the General Plan EIR. One administrative draft will be provided for review. The final draft of the Addendum will be used to support the CEQA determination during the hearing(s) for the proposed project.

SB-18 Tribal Consultation
While an Addendum does not trigger the AB-52 requirements for Tribal consultation, all General Plan Amendments must comply with SB-18. PlaceWorks will complete the Native American Heritage Commission (NAHC) on-line form requesting a tribal contact list. Using the addresses on the list from NAHC, PlaceWorks will draft letters (on City letterhead) to each of the tribes on the NAHC list inquiring whether they want consultation. Following the consultation meeting (or more typically a conference call), PlaceWorks will provide the written outcome of the process and a record for the project. Completion of the SB 18 process is needed prior to acting on the project.

This scope does not include:
• Public distribution of document
• Attendance at public hearings
• Copies
• Filing fees
• Technical studies (i.e. traffic, AQ, GHG, Noise)
Task 7 Deliverables:

1. Administrative Draft and Public Draft Addendum, SB-18 Tribal Consultation Letters, Notice of Determination, Notice of Completion.

Optional Task 8: Citywide Travel Demand Model Development If desired by the City, Fehr & Peers can develop a new stand-alone City model as part of this effort. The cost of a stand-alone City model is extensive, likely $200,000 or more, and Fehr & Peers is not convinced that investing in a new model adds that level of value for the City compared to using/updating the previous model or using/updating RIVCOM. We can reassess with the City after we collect traffic counts as to the level of effort and an approach that adds the 511
Nick Melloni, City of Palm Desert
May 1, 2024

highest level of value for the City. Additionally, it is our understanding that, if REAP funding is not cut to balance the state budget, CVAG may be undertaking an effort to develop tools and refined modeling to assist with VMT forecasting that the City could take advantage of at that time.

Given these reasons, we would propose that the City not approach this project with the expectation that a new model should be created – rather, the City should see how the available tools replicate more recent data and we can discuss the value a new model may provide (or not provide) before pre-building it into our scope of services.

We appreciate the opportunity to provide you with this scope of services. We have attached our cost estimate and schedule to this proposal for your reference as well and look forward to potentially having the opportunity to review and coordinate these services with the City.

Sincerely,

FEHR & PEERS
Jason D. Pack, PE
Principal
Brian Wolfe
Engineer/Planner
Attachment: Proposed Fee and Schedule
512
513
514
Update to the General
Plan Mobility Element

PALM DESERT CITY COUNCIL
STUDY SESSION – MAY 9, 2024
5/9/2024 CITY COUNCIL STUDY SESSION 1
515
Purpose – Update General Plan Mobility Element
Receive input on Staff’s recommended action plan to amend Chapter 4 of the Palm Desert General Plan – Mobility Element
Consistency with other City plans
 ATP
 CIP Walk and Roll
 Bike and Golf Cart Plan
Consistency with Traffic Impact Analysis (TIA) adopted guidelines Updates in state law – Vehicle Miles Traveled (VMT)
Engineering Standard Details
5/9/2024 CITY COUNCIL STUDY SESSION 2
516
Proposed Action Plan
Enter a contract with City approved vendor, Fehr & Peers to amend the Palm Desert General Plan Mobility Element.

Scope of work to include:
Safety Assessment of existing conditions
Update travel Demand Model
Prepare Transportation Study Guidelines per VMT
Make Roadway Network Recommendations
5/9/2024 CITY COUNCIL STUDY SESSION 3
517
Proposed Action Plan - Continued
Update the Circulation Element policies to include the following:
 VMT transportation impacts
 Level of Service (LOS)
 Maximum allowable roadway cross sections
 Consistency with other state laws (e.g. SB 330, SB 35)  Coachella Valley Passenger Rail Service
 Transit System
 Transportation Demand Management (TDM)
 Safety and Vision Zero Strategies
 Emergency Evacuation Routes
Prepare updated CEQA analysis
5/9/2024 CITY COUNCIL STUDY SESSION 4
518
Background – General Plan Circulation Element
California law requires all Cities to adopt a General Plan, a comprehensive long-term planning document (GC §65300 et sec.)
A Mobility Element, or “Circulation Element” is a mandatory element of a general plan must identify the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other local public utilities and facilities
City adopted a comprehensive update to the General Plan on November 10, 2016 (City Council Resolution No. 2016-87)
5/9/2024 CITY COUNCIL STUDY SESSION 5
519
5/9/2024 CITY COUNCIL STUDY SESSION 6
Background – General Plan Circulation Element
The Circulation Element establishes the framework for
future roadway dedications.
520
5/9/2024 CITY COUNCIL STUDY SESSION 7
Background – General Plan Circulation Element
The Circulation Element also establishes the framework for future alternative transportation plans such as bicycle lanes
521
Need for Update – Consistency
Update is necessary for consistency updates between exhibits of the Mobility Element.
Example: Proposed Roadway vs. Bike And Golf Cart Plan
5/9/2024 CITY COUNCIL STUDY SESSION 8
This roadway is
identified for
striping only in
Bike Plan.

Issue: Which
standard is
applied?
522
5/9/2024 CITY COUNCIL STUDY SESSION 9
Need for Update – Consistency
Example: Proposed Roadway Improvements between Mobility Element, and Downtown Area Plan
523
5/9/2024 CITY COUNCIL STUDY SESSION 10
Need for Update – Consistency
Example: Completeness of roadway circulation plan. Example below shows the plan for Technology Drive in the 2016 General Plan Circulation Map (left) and 2015 Millennium Palm Desert Specific Plan (right).
524
Need for Update - Legislative Updates
Since the adoption of the plan there have been several changes in state law which necessitate updates to the plan
•Senate Bill (“SB”) 932 – “Plan for the Future Bill” - Proactive policies to improve traffic safety and implementation of “Vision zero” goals and policies. •SB 743 – Vehicle Miles Traveled established as the metric for analyzing traffic impacts.
•SB 330 – Restrict what regulations can be applied to eligible housing developments. 5/9/2024 CITY COUNCIL STUDY SESSION 11
525
SB 932 – Plan for the Future Bill
5/9/2024 CITY COUNCIL STUDY SESSION 12
After January 1, 2025, General Plan circulation elements must incorporate the Federal Highway Administration (FHWA) Safe Systems Approach:
 Collision analysis identifying high-injury streets and intersections (HIN)  Develop bicycle, pedestrian, and traffic-calming plans that align with goals and safety conditions.
 Identify priority projects and goals for initiation and completion within 25 years of the date of the adoption of the modified circulation element.

Establish new goals and policies within the Circulation Element. Ensure plans are consistent.

Coordinate with Vision Zero plan currently underway.
526
SB 743 – Vehicle Miles Traveled
5/9/2024 CITY COUNCIL STUDY SESSION 13
State legislation requires Cities to evaluate new project impacts based on Vehicle Miles Traveled (VMT) metric rather than traffic delay metrics such as Level of Service (LOS)
 LOS can remain a goal/value for the City, however inconsistency cannot be considered a CEQA impact
Guidelines and Policies needed to implement VMT
 The traffic demand model must be updated to forecast and incorporate VMT  Establish local maps that clearly identify VMT in areas of City for purposes of project review
 Areas which are exempt from VMT analysis
 Areas which are “Very Low VMT” for project review. E.g. SB 2334 – Density Bonus Law for certain housing projects.
527
SB 330 – Housing Crisis Act
5/9/2024 CITY COUNCIL STUDY SESSION 14
General requirements for approval of housing development projects that comply with the objective general plan, zoning, and subdivision standards.

Mobility element employs a “flexible”, approach to required circulation for future roadways. This flexibility is not objective under state law. “Objective design standards are defined under State law as “standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal” (California Government Code, Section 65913.4).”
Creates issues of applying standards for housing development. 528
5/9/2024 CITY COUNCIL STUDY SESSION 15
SB 330 – Housing Crisis Act
Non-objective standards for public improvements due to lack of detail on the cross-section (example below).

Unclear frontage improvements. How wide should these lanes be? How wide should the sidewalk be? 529
5/9/2024 CITY COUNCIL STUDY SESSION 16
SB 330 – Housing Crisis Act
Include increased information in the circulation element. Example Below: dimensions to the roadway crosssection to boost objective design standard components and require projects implement public improvements.

Sidewalk Bike Lane Vehicle Travel Lanes Raised Median
Right of
Way
(R/W)
Line
530
Questions?
5/9/2024 CITY COUNCIL STUDY SESSION 17
531
532
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CITY OF PALM DESERT

PROFESSIONAL SERVICES AGREEMENT

1. Parties and Date. This 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 FEHR & PEERS an S Corporation, with its principal place of business at 100 Pringle Avenue, Suite 600, Walnut Creek, CA 94596 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Recitals.

2.1 Project.

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

Amendment of the Palm Desert Mobility (Circulation) Element of the General Plan (hereinafter referred to as “the Project”).

2.2 Consultant.

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

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

3. Terms.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from 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 TWO additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates.

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

Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be 533
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responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

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

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

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

The key personnel for performance of this Agreement are as follows: JASON D. PACK.

3.2.5 City's Representative. The City hereby designates Nick Melloni, Principal Planner, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

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

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

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and 534
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approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

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

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

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

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

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

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

3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law 535
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respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement.

3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

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

3.2.11 Insurance.

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

Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 536
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(D) Workers’ Compensation Insurance. Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives.
(E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
(1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part for any reason;
(2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies.
(5) Insureds under primary policies shall also be insureds under the umbrella or excess policies.

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

3.2.11.2 Other Provisions or Requirements.
(A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by
Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a 537
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primary and non-contributory basis for the benefit of City before the City’s own insurance or selfinsurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(G) Enforcement of Contract Provisions (non estoppel).

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

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies.
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(K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review.
(N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.

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

Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to 539
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perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies of this Section.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed ONE HUNDRED, AND THIRTY-NINE THOUSAND AND SEVENTY-SIX DOLLARS ($139,076) without written approval of the City Council or City Manager, as applicable.

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

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

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

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

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

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
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3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

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

3.5 Accounting Records.

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

3.6 General Provisions.

3.6.1 Termination of Agreement.

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

3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 541
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3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation.

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

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

Consultant: FEHR & PEERS
3750 UNIVERSITY AVENUE, SUITE 225
RIVERSIDE, CA 92501
ATTN: JASON D. PACK, PRINCIPAL
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Nick Melloni, Development Services Department
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project and shall make copies available 542
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to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

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

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

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

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

3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent 543
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jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information.

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

3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

3.6.5 [Reserved]

3.6.6 Indemnification.

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

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

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

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

3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
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3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

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

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

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

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

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

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

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

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

3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
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3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

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

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

BY AND BETWEEN THE CITY OF PALM DESERT

AND FEHR & PEERS
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF PALM DESERT
By:

L. Todd Hileman
City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Best Best & Krieger LLP
City Attorney

FEHR & PEERS, AN S CORPORATION
By:

Sara Brandenberg
Vice-President
Printed Name:

By:

Lysa Wollard
Chief Financial Office/Treasurer
Printed Name:

QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
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EXHIBIT “A”

SCOPE OF SERVICES
[***INSERT SCOPE**
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EXHIBIT "B"

SCHEDULE OF SERVICES
[***INSERT SCHEDULE***]
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EXHIBIT "C"

COMPENSATION
[***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***] 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, CA. 550

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: June 27, 2024
PREPARED BY: Julia Breyer, Management Analyst
REQUEST: APPROVE THE MANAGEMENT DISTRICT PLAN AND ORDER THE

LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE
PRESIDENT’S PLAZA I PROPERTY AND BUSINESS IMPROVEMENT
DISTRICT FOR FISCAL YEAR 2024-25.

RECOMMENDATION:

1. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM DESERT, CALIFORNIA, APPROVING AND ADOPTING THE MANAGEMENT DISTRICT PLAN FOR THE PRESIDENT’S PLAZA I PROPERTY AND BUSINESS IMPROVEMENTS DISTRICT FOR FISCAL YEAR 2024-25.”

2. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM DESERT, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF

ASSESSMENTS FOR THE PRESIDENT'S I PLAZA PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2024-25.”
BACKGROUND/ANALYSIS:

The President’s Plaza I Property and Business Improvement District (PBID I) was originally formed in Fiscal Year 1998-99 for a five-year term. A majority of the property owners voted to renew PBID I for five additional five-year terms since inception, with the current term from Fiscal Year 2022-23 through 2026-27. However, the Management Plan for PBID I is required to be prepared and approved annually, and the County of Riverside requires the annual order to levy and collect the assessments. The only modification of the PBID I budget that will be implemented is a three percent (3%) cost-of-living adjustment that was built into the current five-year plan as approved by the property owners.

PBID I is the large parking lot that is located between Palm Desert Drive South (frontage road adjacent to Highway 111) in the north; El Paseo Drive in the south; and Portola Avenue in the east; and San Luis Rey Avenue in the west. The street boundaries of PBID I are shown in the attached Management District Plan and Engineer’s Report (page A-3).

The City of Palm Desert (City) collects annual assessments from PBID I property owners to pay for landscape maintenance, street sweeping, refuse, and parking lot utilities within the common parking lot areas. The attached resolutions will approve next fiscal year’s Management District Plan and Engineer’s Report and allow the City to levy and collect the associated annual assessments within PBID I.

Legal Review:

This report has been reviewed by the City Attorney’s Office. 551
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Order and Collection of Assessments of PBID I

FINANCIAL IMPACT:

The assessment and collection of the levy amount will finance maintenance and associated costs related to PBID I. In Fiscal Year 2024-25, the City has budgeted $78,612.69 in Capital Improvement Fund Account No. 4004692-4400100 for ongoing and future capital maintenance of the parking lots.

ATTACHMENTS:

1. Resolution (Approve Management Plan)

2. Resolution (Order Levy)

3. 2024-25 Management District Plan and Engineer’s Report 552
RESOLUTION NO. 2024-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, APPROVING AND ADOPTING THE
MANAGEMENT DISTRICT PLAN FOR THE PRESIDENT’S PLAZA I

PROPERTY AND BUSINESS IMPROVEMENTS DISTRICT FOR FISCAL
YEAR 2024/2025
The City Council of the City of Palm Desert, California (hereafter referred to as the "City Council") does resolve as follows:

WHEREAS, in fiscal year 2022/2023, the City Council conducted proceedings for the renewal of the President’s Plaza I Business Improvement District (hereafter referred as the “District”) and the levy of assessments connected therewith, in accordance with the provisions of the Property and Business Improvement District Law of 1994, part 7 of division 18 of the Streets and Highways Code of California (hereafter referred to as the "Act") and California Constitution article XIII D; and
WHEREAS, on June 23, 2022, the City Council held a full and fair public hearing regarding the renewal of the District and the establishment of annual assessments and maximum assessments that are required to pay for the maintenance and services of landscaping, lighting, refuse collection, and all appurtenant facilities and operations related thereto, for a five year period beginning July 1, 2022, and ending June 30, 2027, in accordance with the Act; and
WHEREAS, upon the conclusion of the public hearing of June 23, 2022, the City Council counted the property owner assessment protect ballots returned and, by resolution, confirmed that a majority protest did not exist. The City Council, by resolution, approved the Management District Plan, appointed an Advisory Board for the District, ordered the renewal of the District, and ordered the levy and collection of the annual assessments; and
WHEREAS, the City Council appointed the El Paseo Business Association as the Advisory Board for the District, and this Advisory Board will cause to be prepared an annual Management District Plan (hereafter referred to as the “Plan”) each fiscal year for which assessments are to be levied and collected. This Plan will be filed with the city clerk and will contain any proposed changes to the District boundaries, the improvements and activities to be provided, the estimated costs and method of assessment, the amount of any surplus or deficit, and contributions from other sources; and WHEREAS, the Advisory Board has caused to be prepared a Plan in connection with the District that describes the proposed improvements, services, expenditures, and assessments to be levied for fiscal year 2024/2025. This Plan is entitled, “Management District Plan for the President’s Plaza Property and Business Improvement Assessment District for Fiscal Year 2024/2025”. This Plan has been filed with the City Clerk of the City of Palm Desert, and the city clerk has presented it to the City Council; and 553
Resolution No. 2024-____ Page 2
WHEREAS, the City Council has carefully examined and reviewed the Plan, as presented, and is satisfied with each and all of the items and documents, as set forth therein, and finds that the levy of assessments has been spread in accordance with the special benefits that will be received from the improvements, operation, maintenance, and services to be performed, as set forth in the Plan.

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

SECTION 1. The above recitals are true and correct.

SECTION 2. Components of Plan. The Plan, as presented, consists of the following:

A. A description of District boundaries and all properties benefiting from the improvements and services.

B. A description of improvements and services that the District will provide.

C. The annual budget (estimates of costs and expenses of services, operations, and maintenance).

D. A District roll containing the levy of assessments for each assessor parcel in the District.

SECTION 3. Approval of Plan. The Plan, as presented, is hereby approved and ordered to be filed in the Office of the City Clerk as a permanent record that will be open to public inspection.

SECTION 4. Certification of Resolution. The city clerk will certify the passage and adoption of this resolution. The minutes of this meeting will reflect the presentation and final approval of the Plan, and the appointment of the District Advisory Board.

ADOPTED ON ________________, 2024.

KARINA QUINTANILLA
MAYOR
ATTEST:

ANTHONY J. MEJIA

CITY CLERK
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I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on _______________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ___________________.

ANTHONY J. MEJIA

CITY CLERK
555
556
RESOLUTION NO. 2024-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF

ASSESSMENTS FOR THE PRESIDENT'S I PLAZA PROPERTY AND
BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2024/2025 The City Council of the City of Palm Desert, California (hereafter referred to as the "City Council") does resolve as follows:

WHEREAS, on June 23, 2022, the City Council called and duly held a public hearing and property owner protest ballot proceedings for the President’s Plaza I Property and Business Improvement Assessment District (hereafter referred to as the “District”), pursuant to the provisions of Property and Business Improvement District Law of 1994, part 7 of division 18 of the Streets and Highways Code of California (hereafter referred to as the “Act”), and California Constitution article XIII D, for the purpose of presenting to qualified property owners within the District the annual levy of assessments and a maximum annual assessment over a five-year period, beginning July 1, 2022 and ending June 30, 2027, for the costs and expenses associated with the maintenance and operation of landscaping, lighting, refuse collection, and all appurtenant facilities related thereto; and
WHEREAS, the landowners of record within the District, as of the close of the public hearing held on June 23, 2022, did cast their ballots and approve a five-year District renewal and an annual levy of assessment related thereto; and WHEREAS, the City Council did, by previous resolutions, renew the District for an additional five years and appoint an Advisory Board, pursuant to the Act. This Advisory Board will cause to be prepared an annual report on the District for the City Council’s approval; and
WHEREAS, the Advisory Board has held a meeting for reviewing and approving the proposed budget for fiscal year 2024/2025 and has prepared a report regarding the District for fiscal year 2024/2025. This report is entitled, “Management District Plan for the President’s Plaza Property and Business Improvement Assessment District for Fiscal Year 2024/2025” (hereafter referred to as “Plan”). The Plan has been filed with the City Clerk of the City of Palm Desert, and the city clerk has presented it to the City Council; and
WHEREAS, the City Council has carefully examined and reviewed the Plan, as presented, and, by previous resolution, did approve it.

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

SECTION 1. The above recitals are true and correct.
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Resolution No. 2024-____ Page 2
SECTION 2. Levy of Assessments. The City Council wishes to levy annual assessments for fiscal year 2024/2025, as outlined and authorized in the Plan and pursuant to the provisions of the Act.

SECTION 3. City Council Findings. Based upon its review of the Plan, a copy of which has been presented to the City Council and filed with the city clerk, the City Council hereby finds and determines that:

A. The land within the District will receive special benefits from the operation, maintenance, and servicing of the improvements and appurtenant facilities within the boundaries of the District.

B. The District includes all of the lands so benefitted.

C. The net amount to be assessed upon the lands within the District, in accordance with the proposed budget for the fiscal year commencing July 1, 2024, and ending June 30, 2025, is apportioned by a formula and by a method that fairly distributes the net amount among all eligible parcels, in proportion to the special benefits that each parcel receives from the improvements and services.

D. The assessments described in the Plan are consistent with the assessments that District property owners have approved.

SECTION 4. Confirmation of Plan and Assessments. The Plan and the assessments, as presented to the City Council and as presented for filing with the Office of the City Clerk, are hereby confirmed as filed.

SECTION 5. Improvements Ordered. The City Council hereby orders the proposed improvements to be made, and the levy and collection of annual assessments to pay for those improvements to be presented to the County Auditor/Controller of Riverside County (hereafter referred to as the “County”) for fiscal year 2024/2025. The county auditor/controller will enter on the County Assessment Roll, opposite each parcel of land, the amount of the levy. The levy will be collected at the same time and in the same manner as County taxes are collected. After the County collects the levy, the net amount of the levy will be paid to the Treasurer of the City of Palm Desert.

SECTION 6. Restricted Use of Assessment Money. The city treasurer will deposit all money representing assessments that the County has collected for the District, into a District fund. This money will be expended only for the improvements that the Plan describes.

SECTION 7. Adoption of District Levy. The adoption of this resolution constitutes the District levy for the fiscal year commencing July 1, 2024, and ending June 30, 2025.

SECTION 8. Direction to City Clerk. The city clerk is hereby authorized and 558
Resolution No. 2024-____ Page 3
directed to file the levy with the county auditor/controller upon adoption of this resolution.

ADOPTED ON ________________, 2024.

KARINA QUINTANILLA
MAYOR
ATTEST:

ANTHONY J. MEJIA

CITY CLERK
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Resolution No. 2024-____ Page 4
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on _______________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ___________________.

ANTHONY J. MEJIA

CITY CLERK
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City of Palm Desert
Presidents’ Plaza Property and
Business Improvement District

MANAGEMENT DISTRICT PLAN
AND ENGINEER’S REPORT
FISCAL YEAR 2024/2025
PUBLIC HEARING: JUNE 27, 2024
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com
561

ENGINEER'S REPORT AFFIDAVIT
City of Palm Desert
Presidents’ Plaza I
Property and Business Improvement District
City of Palm Desert
Riverside County, State of California
This Report describes the District and defines improvements, budget and method of assessment apportionment, and the parcels to be levied for Fiscal Year 2024/2025 as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ____________ day of ______________, 2024.

Willdan Financial Services
Assessment Engineer
On Behalf of the City of Palm Desert
By: ________________________________
Daniel Louie, Project Manager
District Administrative Services
By: ________________________________
Tyrone Peter
PE # C81888
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TABLE OF CONTENTS
I. OVERVIEW ....................................................................................... 1 Introduction ...................................................................................................... 1 Renewal/Formation .......................................................................................... 1 II. DESCRIPTION OF THE DISTRICT .................................................. 3 District Boundary ............................................................................................. 3 Improvements and Activities .......................................................................... 3 Capital Improvement Projects ........................................................................ 4 Special Benefits ............................................................................................... 4 III. METHOD OF APPORTIONMENT .................................................... 6 Method of Apportionment Rationale .............................................................. 6 Parking Lot Improvements and Services ...................................................... 6 Solid Waste (Refuse) Collection Services .................................................... 6 Method of Apportionment Calculations ......................................................... 8 Apportionment of Direct Costs ...................................................................... 9 Apportionment of Indirect Costs ................................................................. 10 Total Annual Assessment ........................................................................... 10 Annual Budget Adjustments ....................................................................... 11 IV. DESCRIPTION OF BUDGET ITEMS .............................................. 12 Direct Benefit Costs ....................................................................................... 12 Indirect Benefit Costs .................................................................................... 12 Levy Breakdown ............................................................................................ 13 District Statistics............................................................................................ 13 District Budget ............................................................................................... 14 APPENDIX A – ASSESSMENT DIAGRAM ........................................ A1 APPENDIX B – PARCEL LEVY INFORMATION ................................ B1 APPENDIX C – ASSESSMENT ROLL ............................................... C1 563
2024/2025 Presidents’ Plaza Property and Business Improvement District Page 1 I. Overview
Introduction
The City of Palm Desert (City) previously formed and established the Presidents’ Plaza Property and Business Improvement Assessment District (District) beginning in Fiscal Year (FY) 1998/1999 to provide improvements and activities that confer special benefits upon real property within the boundaries of the District. The District was established and levied pursuant to Property and Business Improvement District Law of 1994, Part 7 of Division 18 of the California Streets and Highways Code (the Act). Pursuant to the Act, property owners within the District submitted a signed petition requesting formation of the District. For each term, a maximum assessment was approved by the property owners through an assessment ballot proceeding, conducted according to provisions of the California Constitution Article XIIID (Proposition 218).

The District was successfully formed for a term of five years ending in FY 2002/2003. Subsequently, the District was renewed for a five-year term in FY 2003/2004, 2008/2009 and 2015/2016. In FY 2020/2021, the District was renewed for two years due to uncertain future costs at that time. In FY 2022/2023, the District was once again renewed for five years. Under the provisions of the Act, property owners within the District may have renewed the District for a maximum term of ten (10) years.

This combined Management District Plan and Engineer’s Report hereinafter referred to as “Plan” or “Report” is presented for consideration by the property owners within the area known and commonly referred to as Presidents’ Plaza, to seek their support for the organization of a business improvement district in accordance with the provisions of the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et. seq., hereinafter referred to as the Act. This is the Management District Plan and Engineer’s Report required by Section 36622 of the Act, for the proposed formation and establishment of the Presidents’ Plaza Property and Business Improvement District hereinafter referred to as “District” or “PBID”, to fund services and activities to improve and convey special benefits to properties located within the boundaries of the District.

This Report describes the PBID, improvements and activities, method of apportionment, proposed assessments for the current fiscal year, and maximum assessment proposed for the five-year duration of the re-formed District. The proposed assessments are based on the estimated cost to provide the improvements, activities, and operations that provide a direct and special benefit to properties within the District. The costs of improvements, activities, and operations include all expenditures, deficits, surpluses, revenues, and reserves.

The word “property,” for the purposes of this Plan, refers to real property situated within the District, and identified as an individual property or parcel assigned its own Assessor’s Parcel Number (APN) by the County of Riverside Assessor’s Office. The County of Riverside Auditor/Controller uses APNs to identify on the tax roll parcels and properties assessed for taxes, special assessments, and fees and charges.

All benefits derived from the assessments outlined in the Management District Plan and Engineer’s Report are for services directly benefitting the property and business owners within this specialized district and are intended to support and enhance commerce, business and the overall safety, image, and functionality within this commercial core. All services, projects, maintenance, and professional and administration services are provided solely to properties within the PBID to enhance the image and viability of properties and businesses within the PBID boundaries and are designed only for the direct special benefit of the assessed properties.

No services will be provided to non-assessed parcels outside the PBID boundaries. 564
2024/2025 Presidents’ Plaza Property and Business Improvement District Page 2 Renewal/Formation
A written petition of the property owners within the PBID, representing more than 50% of the proposed assessment to be levied was submitted to the Palm Desert City Council in order to proceed with the District renewal/formation. After the required signatures were submitted to the City, the City Council initiated proceedings for the renewal of the District by adopting a resolution expressing its intention to form the PBID and ballot the property owners for the proposed assessments in accordance with the provisions of the Constitution. The resolution of intention referenced the Management District Plan and Engineer’s Report and provided notice of the time and place of a public hearing on the re-establishment of the PBID and levy of assessments.

Within 90 days of adopting the resolution of intention, the City Council held a public hearing on the matter and caused notice to the property owners pursuant to Section 54954.6 of the Government Code. Assessment ballots (property owner protest ballots) were mailed to each property owner at least 45 days prior to the public hearing pursuant to the California Constitution. Pursuant to the Code, the City Council also caused the publication of the resolution of intention in a newspaper of general circulation; mailed the resolution of intention by first-class mail to each property owner in the District and to each local chamber of commerce and business organization located within the District.

At the public hearing, the City Council provided the public and property owners an opportunity to provide oral protests and written protests prior to the adoption of the Management District Plan. Pursuant to the California Constitution, the City Council tabulated property owner assessment ballots received from property owners to determine whether a majority protest existed. It was determined and declared by resolution that majority protest did not exist, which implied that the property owners confirmed and approved the assessments.

Since the property owners approved the renewal of the District and imposition of the assessments, the City Council can appoint an owner’s association for the District. This owner’s association shall make recommendations to the City Council regarding the expenditures of revenue derived from the levy of assessments and on the classification of properties as applicable. This owner’s association can cause to be prepared an annual report each fiscal year for which assessments are to be levied and collected. Said annual report shall be filed with the City Clerk and shall contain: any proposed changes to the district boundary; the improvements and activities to be provided that year; the estimated costs for that year; the method of assessment; the amount of any surplus or deficit; and contributions from other sources. The City Council may approve the report as submitted or as modified.
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2024/2025 Presidents’ Plaza Property and Business Improvement District Page 3 II. Description of the District
District Boundary
The District consists of all parcels located in the commercial business area known as the Presidents’ Plaza within the City of Palm Desert, County of Riverside. The District includes forty-two (42) assessed commercial parcels, three (3) non-contiguous and non-assessed parking lot parcels, and one (1) non-assessed easement/walkway parcel.

The boundary of the District and parcels therein are located south of Palm Desert Drive at Highway 111; north of El Paseo; west of Portola Avenue; and east of Larkspur Lane. Presidents’ Plaza is commonly referred to as Presidents’ Plaza East (area east of San Luis Rey Avenue); and Presidents’ Plaza West (area west of San Luis Rey Avenue) located within the boundaries of the District.

Improvements and Activities
To enhance and improve business opportunities and the appearance of Presidents’ Plaza, the City financed and managed capital improvements of the parking lot and landscaped and common areas related to this commercial business center. Additional information regarding the improvements is found in the next section.

It has been determined the properties within the District and the businesses associated with those properties receive special and distinct benefits from the improvements and activities to be funded through the assessments. The improvements include the necessary activities, services, operation, administration, and maintenance required to keep the improvements in satisfactory condition including labor, material, and equipment. The services may include, but are not limited to, regular maintenance, repair, removal or replacement of all or any part of the improvements, including patching of asphalt, slurry sealing, and striping of the parking lot areas; removal of trimmings, rubbish, debris and other solid waste; the cleaning, sandblasting, and repainting of walls and other improvements to remove or cover graffiti; providing for the growth, health and beauty of landscaping and lighting including cultivation, trimming, spraying, fertilizing or treating for disease or damage; as well as supplying necessary irrigation and electrical energy. The specific improvements and activities include:
 Parking Lot Landscaped Areas: Includes, but not limited to, ground cover, shrubs, trees, plants, irrigation, and drainage systems and associated appurtenant facilities.  Parking Lot Lighting Facilities: Includes, but not limited to, bulbs, fixtures, poles, wiring, and electrical energy.
 Debris Removal: Includes, but not limited to solid waste containers, refuse collection services, and continual sweeping services of the parking lot.
 Parking Lot Maintenance: Includes, but not limited to, short and long-term maintenance improvements such as patching of asphalt, slurry sealing, and parking lot striping required to properly maintain and ensure the satisfactory condition of parking lots and appurtenant facilities.

The costs associated with the improvements are equitably spread among all benefiting parcels in the District utilizing the method of apportionment described in the Method of Apportionment section of this Plan. The total funds collected shall be dispersed and used for only the services and operations provided to the District. 566
2024/2025 Presidents’ Plaza Property and Business Improvement District Page 4 Capital Improvement Projects
As a privately owned shared parking facility, Presidents’ Plaza east and west parking lots were last rehabilitated in 1997. Since then, these aging and heavily used parking lots required a major rehabilitation, including to its asphalt concrete pavement, utility infrastructure, landscape areas and pedestrian walkways.

As a result of the conditions, a major renovation was undertaken by the City of the east and west parking lots. This project, which costs approximately $11.5 million, began in June 2021. The Notice of Completion was filed in January 2023. Approximate improvements include, but are not limited to:
 Grading to address drainage issues.
 Asphalt concrete pavement and striping (260,000 square feet).  Upgrades to domestic water, wastewater, communications, and underground electrical systems.  Enhanced pedestrian walkways (20,000 square feet).
 Water lines (15,000 linear feet).
 Curb and gutter (11,000 linear feet).
 Decorative pavers (10,000 square feet).
 Drought-tolerant landscaping and planters.
 Lighting fixtures (174).
 Parking shade structures (22).
 Trash enclosures (14).
 Benches and chairs (5).

During construction, the contractor encountered various existing public and private utilities in conflict with the project, which had to be relocated by the contractor and/or utility companies as well.

Special Benefits
All assessed properties within the District receive special benefits from one or more of the improvements and activities funded through the District assessments. Specifically, utilities (lighting and water), landscape maintenance and repairs, sweeping services, short and long-term parking lot maintenance, and refuse collection services.

Lighting
The special benefits of lighting (parking lot lights) are for the convenience, safety, and security of property, improvements, and goods. Specifically:
 Enhanced deterrence of crime and the aid to police protection.  Increased evening safety for patrons and employees.
 Improved visibility for pedestrians and motorists.
 Improved ingress and egress to property.
 Reduced vandalism and other criminal acts and damage to improvements or property.  Enhanced aesthetic appeal of parking areas and adjacent properties. 567
2024/2025 Presidents’ Plaza Property and Business Improvement District Page 5  Increased promotion of business activities and opportunities during evening hours.  The special economic enhancement to the properties and their ability to attract and sustain business and commercial activity because of the benefits identified above.

Landscape
The special benefits of landscaped islands and medians within the parking lots include:
 Improved aesthetic appeal of the parking areas and adjacent properties.  Enhanced adaptation of the urban environment within the natural environment.  A positive representation of the businesses within the District.  The special economic enhancement to the properties and their ability to attract and sustain business and commercial activity because of the benefits identified above.

Debris Removal
Debris removal (parking lot sweeping) and refuse collection are essential and necessary activities for all properties, especially for commercial properties. These activities and services are proposed to be funded through the assessments solely for the special benefit of properties within the District. The benefits of these services include:
 Enhanced aesthetic appeal of the parking areas and adjacent properties.  Improved dust control.
 A positive representation of the businesses within the District.  A centralized location of refuse collection facilities.  Availability of refuse collection services that would otherwise require individual facilities that could be cost prohibitive and physically restrictive.

Parking Lot Maintenance
Parking lot maintenance is an essential and necessary activity for all properties, especially for commercial properties. This improvement is funded through the assessments solely for the special benefit of properties within the District. The benefits of these services include:
 Increased safety to automobile, truck, and pedestrian traffic and to properties.  Improved traffic circulation within the parking areas.  Enhanced aesthetic appeal of the parking areas and adjacent properties.  Improved dust control.
 The special economic enhancement to the properties and their ability to attract and sustain business and commercial activity because of the benefits identified above.

The continual operation and maintenance of the landscaping, lighting, debris, and parking lot areas provide no measurable general benefit to other properties outside the boundaries of the District, or to the public at large; therefore, these improvements and the corresponding assessments have been identified as providing 100% special benefit to parcels within the District.
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2024/2025 Presidents’ Plaza Property and Business Improvement District Page 6 III. Method of Apportionment
Method of Apportionment Rationale
The costs of the District improvements have each been apportioned by a formula and method which fairly distributes the net amount to be assessed among all assessed parcels in proportion to the estimated special benefits to be received by each parcel from the improvements.

Parking Lot Improvements and Services
Assessed parcels in Presidents’ Plaza are adjacent to centralized parking facilities (lots) that provide access, parking, and delivery areas for the businesses and parcels within the District. Each parcel derives special benefit from the parking lot improvements and services necessary to maintain the parking lot. The improvements and services include landscape maintenance of several islands and medians; maintenance and operation of lighting facilities, short and long-term parking lot maintenance, and sweeping services. Each assessed parcel within the District receives a direct and special benefit from these improvements and will share proportionately in the cost of maintaining the parking lots. The parking areas consist of the threecomplete parking lot areas along with a portion of parking areas throughout the District. The three parcels that are entirely parking lots (627-212-016; 627-221-011; and 627-222-043), and one easement/walkway parcel (627-222-042) receive no special benefit from the improvements and will not be assessed.

In determining the method of apportionment for these improvements, each parcel’s benefit is based on the parking area adjacent to, and associated with, each parcel. Therefore, it has been determined that a fair and reasonable reflection of each parcel’s benefit for the parking lot improvements shall be based on the approximate front footage adjacent to the parking areas. Most parcels within the District front the parking lots on only one side. To ensure a reasonable and equitable apportionment of special benefit, parcels that front the parking lot on more than one side (corner properties), are only assessed for their front footage along the side of their property adjacent to the parking lot.

Solid Waste (Refuse) Collection Services
Establishing separate refuse receptacles for each parcel or business within Presidents’ Plaza, and thereby allowing for separate charges and agreements for this service, is not practical due to limited space and accessibility. Therefore, several common refuse containers have been placed within the parking lot area for use by all the properties and businesses, and patrons of these businesses, within the District. Historically, all developed properties within Presidents’ Plaza have shared proportionately in the costs associated with refuse collection based on the building square footage of the structures on each parcel.

In determining the method of apportionment for refuse collection services, the possibility of factoring in business types as well as building square footage was considered. However, the inclusion of business types in the calculation of an annual assessment poses several problems. First, many of the parcels assessed include multiple business types, which could require a complex calculation to identify potential use of the service. Second, businesses often change from year-to-year or even month to month, making specific business-related assessments difficult to track and time-consuming and expensive to administer. Third, establishing a method of apportionment that is business-specific rather than parcel-specific would likely result in annual changes for each parcel’s assessment even if the cost of the service were unchanged. Finally, the level of service (number of pick-ups and receptacles) has changed very little over the last several years.

Although many of the businesses and business types have changed within the District, the total cost of providing this service has remained fairly constant.
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2024/2025 Presidents’ Plaza Property and Business Improvement District Page 7 In contrast to the total cost, it is not reasonable to assume that all developed parcels utilize or require the same level of refuse service; typically, the larger the building, the greater amount of refuse that is generated.

Therefore, it has been determined that a fair and reasonable estimate of each parcel’s benefit for refuse collection is the building square footage determined for each parcel.

As noted previously, due to limited space and accessibility, it is not practical for each parcel or business within Presidents’ Plaza to have separate containers or agreements with the waste hauler. However, it is recognized the baseline level of service (number of bins, size of the bins and frequency of service) established for the District may not be adequate or appropriately reflect the needs of changing business within the District. Therefore, the following considerations and criteria shall be followed when the level of service provided requires modifications:
 If the level of service is reduced, the incremental cost savings (if any) will be reviewed and applied, as follows:
o Reserve Fund Account: City staff and the owners’ association will evaluate the existing available Reserve Fund to ensure an acceptable amount of money is being retained for normal annual operation of the District. Based on this evaluation, the owners’ association will modify the annual plan (recommendation to the City Council) to apply all or a portion of the cost savings to the Reserve Account. A fully funded Reserve is an amount equal to approximately one half of all annual operating expenses. o Reduced Assessments: After reviewing the Reserve Account, any cost savings not applied to the Reserve Account (Reserve Fund Collection) will be passed on to each parcel within the District by reducing their annual assessment for the next fiscal year, in proportion to their estimated benefit (from the method of apportionment).
 If the level of service is increased, the incremental cost increase (if any) will be reviewed and applied, as follows:
o Increased Service District-wide: When the current District was renewed/formed, an assessment range formula was approved. This formula provided for anticipated cost of living increases, but also allowed some flexibility for increased costs due to increased levels of service. If an increased level of service is required for the entire District, the increase is reflected in the annual budget. This budget increase will typically cause a proportional increase of the annual assessment. If the increased cost results in an assessment rate that exceeds the maximum assessment allowed, then reserve funds will be used to reduce the annual assessment to the maximum assessment allowed. If the reserve fund is not sufficient to cover the cost increase, the City Council may provide a temporary loan to the District or conduct a property owner ballot proceeding for an assessment increase. o Increased Service for One Parcel: When the current District was renewed/formed, a baseline assessment rate and level of service was established for all properties within the District. As businesses within the District change or continue to grow, these businesses may generate a need for an increased level of service, but it is not fair or equitable to spread the cost of this increased service to other properties within the District. Therefore, if a business requires an increased level of service, the respective business owner or owner of the property on which the business is located, must pay the resulting cost increase as a surcharge. Either the City or property owner may initiate the need for an increased service level. The City Council shall make the final determination as to the appropriate mechanism 570
2024/2025 Presidents’ Plaza Property and Business Improvement District Page 8 by which the increased level of service will be provided. The increased level of service may include result in:
 Increasing number of pick-ups on a specific bin(s) used by the property or business.  Increasing size of specific bin(s) used by the property or business if space permits.  Providing separate bin(s) for property or business if space and accessibility permits.  Any combination of the services above.

The costs associated with the increased level of service shall be the obligation of the business and/or property owner which is provided with the additional service. Payment for the increased level of service shall be reviewed by the owner’s association, which will make a recommendation to the City Council for approval.

The additional cost of providing the increased level of service may be added to the annual assessment for the property as a surcharge (in addition to their annual assessment), upon written petition of the property owner and approval by the City Council. The request may require a signed agreement between the property owner and City. However, before any action is taken to add a surcharge to the property tax roll as part of the property’s annual assessment, the property owner/business shall work with City staff and owner’s association to establish the necessary level of additional service and arrange for direct payment for the service to the waste hauler or the City, if possible.

Method of Apportionment Calculations
The apportionment of benefit within the District utilizes a weighting factor known as an Equivalent Benefit Unit (EBU). Each parcel’s EBU represents a percentage of the total EBU applied for the entire District.

Depending on the improvement or activity provided, the EBU assigned to each parcel is based on either the parcel’s development (approximate building square footage) or the parcel’s area of improvement (front footage to the parking lots). The cost of refuse collection services is apportioned based on each parcel’s approximate building square footage. All other improvements and services funded through the District are associated with the parking lots. The total cost of the parking lot improvements and services is apportioned to each parcel based on their front footage to the parking lots.

The sum of each parcel’s proportionate share of refuse collection and parking lot costs represents the parcel’s Total Direct Cost. In addition to a parcel’s Total Direct Cost, each parcel is assessed for administration expenses and a reserve fund collection (Indirect Costs). Indirect Costs for each parcel have been apportioned by a percentage of the parcel’s Direct Costs, not to exceed fifteen percent (15%). Therefore, each parcel’s Total Annual Assessment is the sum of its proportionate share of the Total Direct Cost and Total Indirect Costs. Although each parcel’s proportional benefit and assessment for each improvement is calculated individually, each parcel’s maximum assessment is based on the parcel’s combined assessment for all costs and services. The rate applied to any one improvement or service may exceed the maximum rate originally established, provided the parcel’s combined assessment does not exceed the combined maximum assessment established for the property (excluding changes in land use or development).

The County requires that all annual assessments levied and submitted for collection on tax bills be rounded to the nearest even penny, thus allowing the total assessment to be split into two installments. To comply with the County’s requirements, the calculation of each assessment component is rounded to the nearest even penny and subsequently added together for the parcel’s Total Annual Assessment. A description of the general method used to arrive at each parcel’s proposed assessment is found below. 571
2024/2025 Presidents’ Plaza Property and Business Improvement District Page 9 Apportionment of Direct Costs
Refuse Collection Assessment
The Total Refuse Cost estimated for refuse collection services is based on the City’s contract with a waste hauler for service to Presidents’ Plaza. This Total Refuse Cost divided by the estimated Total Building Square Footage establishes a Rate per building square foot. The Rate is multiplied by each parcel’s estimated building square footage to calculate the parcel’s proportionate share of the refuse service cost.

Total Refuse Cost / Total Building Square Footage = Rate per Building Square Foot Rate x Parcel Building Square Footage = Refuse Assessment Note: For purposes of calculating the refuse assessment, the building square footage for each parcel has been rounded to the nearest hundred square feet. Refer to Appendix “B” for building square footage applied.

The refuse assessment rates based on fiscal year and building size is found below as Table 1.

Table 1: Building Size Proposed Rates
Proposed Building Maximum Rates
(per Square Foot)
FY 2022/2023 $0.7179
FY 2023/2024 $0.7394
FY 2024/2025 $0.7616
FY 2025/2026 $0.7845
FY 2026/2027 $0.8080
There are currently forty-two (42) developed commercial properties within the District that are assessed for refuse collection services based on approximate building square footage. Individual parcel refuse assessments can be found on the Assessment Roll (Appendix C).

Parking Lot Assessment
The total Lot Cost estimated for parking lot improvements and services is based on the estimated annual costs to maintain the landscaping, utilities (lighting and water), and parking lot (short and long-term maintenance and sweeping services) within Presidents’ Plaza. This Total Lot Cost divided by the applied parking lot Total Front Footage, establishes a Rate per front foot. The Rate is multiplied by each parcel’s applied front footage to calculate the parcel’s proportionate share of the parking lot maintenance costs.

Total Lot Cost / Total Front Footage = Rate per Front Foot Rate per Front Foot x Parcel Front Footage = Parking Lot Assessment Note: For purposes of calculating the parking lot assessment, each parcel’s front footage is based on the parcel’s footage rounded to the nearest five feet. Refer to Appendix “B” for front footage applied. 572
2024/2025 Presidents’ Plaza Property and Business Improvement District Page 10 The parking lot assessment rates based on fiscal year and linear feet is found below as Table 2.

Table 2: Parking Lot Proposed Rates
Proposed Parking Maximum Rates
(per Linear Foot)
FY 2022/2023 $37.3494
FY 2023/2024 $38.4699
FY 2024/2025 $39.6240
FY 2025/2026 $40.8127
FY 2026/2027 $42.0371
All parcels within the District receive direct and special benefits from the parking lot improvements and services. Each parcel is assessed proportionately based on their front footage adjacent to the parking lot.

Apportionment of Indirect Costs
To ensure the improvements, activities, and services provided and funded through the District are continued, each parcel will be assessed for its proportional share of administrative and reserve costs (Indirect Costs).

Indirect Costs include all expenses related to the administration of the District as well as the collection of money toward a Reserve Fund. The annual assessment for Indirect Costs has been established at fifteen percent (15%) of the Total Direct Costs assessed to each parcel.

The sum of each parcel’s proportionate share of refuse collection and parking lot costs represents the parcel’s Direct Cost. This Direct Cost multiplied by fifteen percent (15%) represents each parcel’s proportionate share of the Indirect Costs.

Parcel’s Total Direct Cost x 15% = Indirect Assessment
The Indirect Cost for each fiscal year is found below as Table 3.

Table 3: Proposed Indirect Costs
Indirect Cost (Total Dollars)
FY 2022/2023 $52,035.00
FY 2023/2024 $53,596.05
FY 2024/2025 $55,203.93
FY 2025/2026 $56,860.05
FY 2026/2027 $58,565.85
Total Annual Assessment
Each parcel’s Total Annual Assessment is the sum of their proportionate share of the Direct Costs and Indirect Costs. The preceding description of the method of apportionment outlines the estimated cost and rates applied for the District and the maximum amount projected. The maximum projected amounts were determined by applying an annual inflationary factor of three percent (3%) on the remaining four years of the five-year period, with the first year based on actuals and forecasting. 573
2024/2025 Presidents’ Plaza Property and Business Improvement District Page 11 Annual Budget Adjustments
For the subsequent years of the five-year term of the PBID renewal, annual assessments may be adjusted by the owners’ association up to three percent (3%) per year. Actual annual adjustments may range from zero (0) to three percent (3%). Adjustments may differ from year to year depending on the service needs identified by the owners’ association. In any event, assessments will not exceed the levels illustrated by the District Budget (Table 4).

Any annual budget surplus or deficit will be accrued into the following year’s PBID budget. Assessments will be set accordingly, within the constraints of the annual adjustment, to adjust for surpluses or deficits that are carried forward.
574
2024/2025 Presidents’ Plaza Property and Business Improvement District Page 12 IV. Description of Budget Items
Direct Benefit Costs
Landscape Maintenance: Includes all regularly scheduled labor, material (e.g., pipe, fertilizer, insecticides), and equipment required to properly maintain and ensure the satisfactory condition of all landscaping, irrigation and drainage systems, and appurtenant facilities. All landscaping improvements within the District are contracted for maintenance and service on a regular basis. The frequency and specific maintenance operations required within the District is determined by City staff but is generally scheduled weekly. The costs include annual tree and palm pruning, and tree replacement as well.

Landscape Repairs: Includes repairs costs that are not normally included in the yearly maintenance contract costs. This may include repair of damaged amenities due to vandalism and storms. Planned upgrades (irrigation system improvements) may also be included as well.

Water: Includes utility costs to furnish water required for landscape irrigation.

Lighting: Includes utility costs for the operation of lighting facilities in the parking lots and landscaped areas, excluding lighting maintenance.

Sweeping Services: Includes bi-weekly cleaning of the parking lots and gutters using a contracted service.

Solid Waste Removal Services: Includes the furnishing of bins and bi-weekly collection of solid waste. The City contracts with a waste hauler for this service. Only developed properties (with a structure) receive special benefit from this service and are assessed for this service accordingly.

Miscellaneous Direct: Includes repairs costs for waterlines, benches, tables, trash enclosures, graffiti removal, lighting, and other unanticipated costs on an as-needed basis.

Indirect Benefit Costs
District Administration: Includes costs for the City to provide the coordination of District services, operations and maintenance of the District, response to public concerns and education, and procedures associated with the levy and collection of assessments. This cost also includes contracting with professionals to provide additional administrative, legal, or engineering services specific to the District.

County Administration Fee: Includes costs for the County to collect District assessments on the property tax bills. This charge is based on a flat rate per fund number.

County Per Parcel Fee: Includes costs for the County to collect assessments on the property tax bills. This charge is on a per assessment basis at $0.36 per assessment, plus flat fee of $87.23 per FY 2023/2024 County Packet (at the time of this report FY 2024/2025 rates were not available) and is in addition to the County Administration Fee.

Miscellaneous Indirect: Includes costs related to District administration, including required formation, documentation, recordation, and legal fees.
575
2024/2025 Presidents’ Plaza Property and Business Improvement District Page 13 Reserve Fund Collection: Includes collection of funds to operate the District from July 1 (beginning of the fiscal year) through January when the County provides the City with the first installment of assessments collected from the property tax bills. The Reserve Fund eliminates the need for the City to transfer funds from non-District accounts to pay for District charges during the first half of the fiscal year. The Reserve Fund may also be used to offset any unforeseen costs such as repairs, legal fees, revenue deficits, or increased costs due to inflation or contractual agreements that are greater than originally planned.

Capital Improvement Project Reserve: Includes collection for unscheduled, unforeseen expense that may occur throughout the life of the District’s five-year maintenance period, including short and long-term parking lot maintenance such as all regularly scheduled labor, material, and equipment for patching of asphalt, slurry sealing, and parking lot striping required to properly maintain and ensure the satisfactory condition of the parking lots and appurtenant facilities. The frequency and specific maintenance operations required within the District is determined by City staff, but slurry sealing, and parking lot striping are generally scheduled annually, while patching of asphalt is performed on an asneeded basis. Parking lot maintenance for slurry sealing and parking lot striping within the District is contracted for service on a regular basis, while patching of asphalt may be performed by City staff or contracted for service as needed. The City shall be responsible for activities and costs associated with the Capital Improvement Project Reserve.

Levy Breakdown
Total District and Indirect Costs: Represents the sum total of all budgeted Direct and Indirect costs.

Anticipated Deficit/Surplus: Represents anticipated costs of the District that exceeds the amount to be collected. This item also reflects beginning balance deficits. When the actual cost and expenditures for the District are greater than the amount budgeted and collected in the prior fiscal year, the District has a Beginning Balance Deficit. This deficit may be the result of unforeseen and extraordinary costs incurred, or assessments collected being less than anticipated. When a deficit occurs, the deficit amount may be added to the amount to be collected through the levy for the current fiscal year or recovered through use of the Reserve Fund.

When the actual costs and expenditures for the District are less than the amount budgeted and collected in the prior fiscal year, the District has a Beginning Balance Surplus. When a surplus occurs, the amount may be used to reduce assessments for the following year or may be added to the Reserve Fund.

Balance to Levy: Represents the total amount to be levied and collected through assessments for the current fiscal year. The Balance to Levy represents the sum of Total Direct Costs, Indirect Costs, Reserve Fund Credit, Revenue Deficits, Other Revenue Sources, Revenue Surpluses, and Contribution Replenishments.

District Statistics
Total Parcels: Represents the total number of parcels within the District.

Total Parcels To Levy: Represents the total number of parcels within the District that will be assessed. Non-assessed lots or parcels include easements, common areas, and parcels within the boundaries of the District that currently do not benefit from the improvements. 576
2024/2025 Presidents’ Plaza Property and Business Improvement District Page 14 Total Building Square Footage: Represents the sum total of the building square footage applied to parcels within the District.

Total Front Footage (Parking Lot): Represents the sum total of the parking lot front footage applied to parcels within the District.

Levy Rate per Building Square Foot: Represents the Rate being applied to each parcel’s individual building square footage (calculation of each parcel’s proportionate share of refuse collection services).

The Levy Rate per Square Foot is the result of dividing the estimated total refuse cost for that year by the sum of the District’s Total Building Square Footage. The rate is calculated to four decimal places.

Levy Rate per Front Foot: Represents the Rate being applied to each parcel’s individual parking lot front footage (calculation of the parcel’s proportionate share of parking lot maintenance costs). The Levy Rate per Front Foot is the result of dividing the estimated total parking lot costs for that year by the sum of the District’s Total Parking Lot Front Footage. The rate is calculated to four decimal places.

Indirect Cost Percentage: Represents the percentage applied to each parcel’s Direct Costs to determine the parcel’s proportionate share of the amount to be assessed for administrative expenses and Reserve Fund Collection. A maximum rate of fifteen percent (15%) has been established. An even Reserve Fund Credit has been applied for each year (five-years).

District Budget
The District Budget (Table 4) lists the estimated costs of providing the various improvements and services. The costs and the resulting rate for each fiscal year is based on the estimated costs to provide the improvements and services that year. The projected annual costs anticipated over the five-year duration of the District assessments have been calculated based on actuals, forecasting and an annual inflationary factor of three percent (3%) from the first fiscal year. However, this inflation factor does not mean the assessments will increase annually by three percent (3%). The owners’ association appointed by the City Council, will annually review the District costs, and make recommendations for any changes or adjustments to the budget. Changes to the budget, could result in changes to the annual assessment, but the resulting total assessment may not exceed the maximum rates established in the original Engineer’s Report without first obtaining property owner approval through assessment ballots.
577
2024/2025 Presidents’ Plaza Property and Business Improvement District Page A-1 Table 4: District Budgets
578
2024/2025 Presidents’ Plaza Property and Business Improvement District Page A-2 Appendix A — Assessment Diagram
The Assessment Diagram for the District is shown in reduced format and inclusive of all parcels identified on the County of Riverside Assessor’s Parcel Maps as Book 627, Pages 212, 221, and 222. The Assessment Diagram will be kept on file with the City Clerk of the City of Palm Desert. 579

2024/2025 Presidents’ Plaza Property and Business Improvement District Page A-3 580
2024/2025 Presidents’ Plaza Property and Business Improvement District Page B-1 Appendix B – Actual Parcel Information
The actual parcel information is shown in Table 5, includes building square footage and front footage, which are used in calculating each parcel’s proportionate share of all District Costs. 581
2024/2025 Presidents’ Plaza Property and Business Improvement District Page B-2 Table 5: Actual Parcel Information
Assessment
Number
Assessor
Parcel Number
Actual Parking Lot
Front Footage
Applied Parking Lot
Front Footage
Actual Building
Square Feet
Applied Building
Square Feet
1 627-212-002 73669 HIGHWAY 111 50.00 50.00 3,885 3,900 2 627-212-003 73677 HIGHWAY 111 200.00 200.00 8,650 8,700 3 627-212-004 73731 HIGHWAY 111 100.00 100.00 8,525 8,500 4 627-212-005 73640 EL PASEO 171.55 170.00 12,132 12,100 5 627-212-006 73660 EL PASEO 50.00 50.00 5,820 5,800
6 627-212-009 73690 EL PASEO 50.00 50.00 8,150 8,200
7 627-212-010 73700 EL PASEO 50.00 50.00 3,210 3,200
8 627-212-011 73710 EL PASEO 50.00 50.00 5,030 5,000
9 627-212-012 73722 EL PASEO 50.00 50.00 2,400 2,400
10 627-212-014 73730 EL PASEO 50.00 50.00 5,000 5,000
11 627-212-015 73625 HIGHWAY 111 221.55 220.00 20,987 21,000 12 627-212-016 NO SITUS AVAILABLE 0.00 0.00 0 0
13 627-212-017 73670 EL PASEO 100.00 100.00 10,238 10,200 14 627-221-001 73741 HIGHWAY 111 50.00 50.00 4,750 4,800 15 627-221-002 73759 HIGHWAY 111 50.00 50.00 4,750 4,800 16 627-221-004 73760 EL PASEO 213.02 215.00 18,182 18,200 17 627-221-008 73740 EL PASEO 50.00 50.00 5,300 5,300
18 627-221-009 73750 EL PASEO 50.00 50.00 4,563 4,600
19 627-221-010 73801 HIGHWAY 111 225.16 225.00 1,568 1,600 20 627-221-011 NO SITUS AVAILABLE 0.00 0.00 0 0
21 627-222-002 73845 HIGHWAY 111 50.00 50.00 4,435 4,400 22 627-222-003 73851 HIGHWAY 111 50.00 50.00 3,250 3,300 23 627-222-004 73861 HIGHWAY 111 50.00 50.00 3,250 3,300 24 627-222-005 73871 HIGHWAY 111 50.00 50.00 3,000 3,000 25 627-222-008 73891 HIGHWAY 111 100.00 100.00 6,712 6,700 26 627-222-014 73965 HIGHWAY 111 50.00 50.00 4,692 4,700 27 627-222-015 73981 HIGHWAY 111 50.00 50.00 3,900 3,900 28 627-222-021 73880 EL PASEO 50.00 50.00 3,762 3,800
29 627-222-024 73900 EL PASEO 50.00 50.00 5,050 5,100
30 627-222-025 73910 EL PASEO 50.00 50.00 5,000 5,000
31 627-222-026 73920 EL PASEO 50.00 50.00 5,000 5,000
32 627-222-027 73930 EL PASEO 50.00 50.00 5,150 5,200
33 627-222-028 73940 EL PASEO 50.00 50.00 4,950 5,000
34 627-222-029 73950 EL PASEO 50.00 50.00 4,800 4,800
35 627-222-030 73956 EL PASEO 50.00 50.00 4,950 5,000
36 627-222-034 73925 HIGHWAY 111 100.00 100.00 6,276 6,300 37 627-222-038 73890 EL PASEO 100.00 100.00 9,900 9,900 38 627-222-041 73885 HIGHWAY 111 75.00 75.00 5,925 5,900 39 627-222-042 NO SITUS AVAILABLE 0.00 0.00 0 0
40 627-222-043 45211 PORTOLA AVE 0.00 0.00 0 0
41 627-222-044 73990 EL PASEO 140.63 140.00 13,338 13,300 42 627-222-048 73941 HIGHWAY 111 100.00 100.00 7,825 7,800 43 627-222-052 73820 EL PASEO 251.69 250.00 11,694 11,700 44 627-222-053 73833 HIGHWAY 111 151.69 150.00 8,238 8,200 45 627-222-055 73970 EL PASEO 100.00 100.00 15,017 15,000 46 627-222-058 73993 HIGHWAY 111 140.00 140.00 9,312 9,300 Total 3740.29 3735.00 288,566 288,900
Source: Riverside County Secured Roll; Willdan Financial Services Situs Address
Assessor Parcel Numbers 627-212-016, 627-221-011, 627-222-021, and 627-222-043 are part of the District's parking lot and parcel 627-222-042 is an easement/w alkw ay. These parcels are not assessed.
582

2024/2025 Presidents’ Plaza Property and Business Improvement District Page C-1 Appendix C —Assessment Roll
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the County Assessor’s Map for the year in which this Plan is prepared.

The Assessment Roll, which includes a listing of assessor parcels assessed within this District, along with their assessment amounts, is shown in Table 6.

583

2024/2025 Presidents’ Plaza Property and Business Improvement District Page C-2 Table 6: Assessment Roll
Note: Total Assessment slightly different then total levy in budget due to rounding and County even penny rule.

Assessor Parcel
Number
Refuse Collection
Assessment
FY 2024/2025
Parking Lot
Assessment
FY 2024/2025
Indirect Cost
Assessment
FY 2024/2025
Total Assessment
FY 2024/2025
627-212-002 73669 HIGHWAY 111 $2,970.24 $1,981.20 $742.71 $5,694.14 627-212-003 73677 HIGHWAY 111 6,625.92 7,924.80 2,182.60 16,733.32 627-212-004 73731 HIGHWAY 111 6,473.60 3,962.40 1,565.40 12,001.40 627-212-005 73640 EL PASEO 9,215.36 6,736.08 2,392.71 18,344.14 627-212-006 73660 EL PASEO 4,417.28 1,981.20 959.77 7,358.24 627-212-009 73690 EL PASEO 6,245.12 1,981.20 1,233.94 9,460.26 627-212-010 73700 EL PASEO 2,437.12 1,981.20 662.74 5,081.06 627-212-011 73710 EL PASEO 3,808.00 1,981.20 868.38 6,657.58 627-212-012 73722 EL PASEO 1,827.84 1,981.20 571.35 4,380.38 627-212-014 73730 EL PASEO 3,808.00 1,981.20 868.38 6,657.58 627-212-015 73625 HIGHWAY 111 15,993.60 8,717.28 3,706.63 28,417.50 627-212-016 NO SITUS AVAILABLE 0.00 0.00 0.00 0.00
627-212-017 73670 EL PASEO 7,768.32 3,962.40 1,759.60 13,490.32 627-221-001 73741 HIGHWAY 111 3,655.68 1,981.20 845.53 6,482.40 627-221-002 73759 HIGHWAY 111 3,655.68 1,981.20 845.53 6,482.40 627-221-004 73760 EL PASEO 13,861.12 8,519.16 3,357.04 25,737.32 627-221-008 73740 EL PASEO 4,036.48 1,981.20 902.65 6,920.32 627-221-009 73750 EL PASEO 3,503.36 1,981.20 822.68 6,307.24 627-221-010 73801 HIGHWAY 111 1,218.56 8,915.40 1,520.09 11,654.04 627-221-011 NO SITUS AVAILABLE 0.00 0.00 0.00 0.00
627-222-002 73845 HIGHWAY 111 3,351.04 1,981.20 799.83 6,132.06 627-222-003 73851 HIGHWAY 111 2,513.28 1,981.20 674.17 5,168.64 627-222-004 73861 HIGHWAY 111 2,513.28 1,981.20 674.17 5,168.64 627-222-005 73871 HIGHWAY 111 2,284.80 1,981.20 639.90 4,905.90 627-222-008 73891 HIGHWAY 111 5,102.72 3,962.40 1,359.76 10,424.88 627-222-014 73965 HIGHWAY 111 3,579.52 1,981.20 834.10 6,394.82 627-222-015 73981 HIGHWAY 111 2,970.24 1,981.20 742.71 5,694.14 627-222-021 73880 EL PASEO 2,894.08 1,981.20 731.29 5,606.56 627-222-024 73900 EL PASEO 3,884.16 1,981.20 879.80 6,745.16 627-222-025 73910 EL PASEO 3,808.00 1,981.20 868.38 6,657.58 627-222-026 73920 EL PASEO 3,808.00 1,981.20 868.38 6,657.58 627-222-027 73930 EL PASEO 3,960.32 1,981.20 891.22 6,832.74 627-222-028 73940 EL PASEO 3,808.00 1,981.20 868.38 6,657.58 627-222-029 73950 EL PASEO 3,655.68 1,981.20 845.53 6,482.40 627-222-030 73956 EL PASEO 3,808.00 1,981.20 868.38 6,657.58 627-222-034 73925 HIGHWAY 111 4,798.08 3,962.40 1,314.07 10,074.54 627-222-038 73890 EL PASEO 7,539.84 3,962.40 1,725.33 13,227.56 627-222-041 73885 HIGHWAY 111 4,493.44 2,971.80 1,119.78 8,585.02 627-222-042 NO SITUS AVAILABLE 0.00 0.00 0.00 0.00
627-222-043 45211 PORTOLA AVE 0.00 0.00 0.00 0.00
627-222-044 73990 EL PASEO 10,129.28 5,547.36 2,351.49 18,028.12 627-222-048 73941 HIGHWAY 111 5,940.48 3,962.40 1,485.43 11,388.30 627-222-052 73820 EL PASEO 8,910.72 9,906.00 2,822.50 21,639.22 627-222-053 73833 HIGHWAY 111 6,245.12 5,943.60 1,828.30 14,017.02 627-222-055 73970 EL PASEO 11,424.00 3,962.40 2,307.96 17,694.36 627-222-058 73993 HIGHWAY 111 7,082.88 5,547.36 1,894.53 14,524.76 Total $220,026.24 $147,995.64 $55,203.12 $423,224.80
Situs Address
584

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: June 27, 2024
PREPARED BY: Julia Breyer, Management Analyst
REQUEST: RESOLUTIONS TO APPROVE THE MANAGEMENT DISTRICT PLAN

AND ORDER THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE PRESIDENT’S PLAZA III PROPERTY AND BUSINESS
IMPROVEMENT DISTRICT FOR FISCAL YEAR 2024-25
RECOMMENDATION:

1. Adopt a Resolution entitled “RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM DESERT, CALIFORNIA, APPROVING THE MANAGEMENT DISTRICT PLAN FOR THE PRESIDENT’S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT ASSESSMENT DISTRICT, FISCAL YEAR 2024-25.”

2. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM DESERT, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE PRESIDENT’S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT ASSESSMENT DISTRICT, FISCAL YEAR 2024-25.”
BACKGROUND/ANALYSIS:

The President’s Plaza III Property and Business Improvement District (PBID III) was originally formed in Fiscal Year 2001-02 for a five-year term. A majority of property owners subsequently voted to renew PBID III for three additional five-year terms, with the current one being from Fiscal Year 2021-22 through 2025-26. The Management District Plan and Engineer’s Report (Management District Plan) for PBID III is required to be prepared and approved annually, and the County of Riverside requires the annual order to levy and collect the assessments. The only modification of the PBID III budget that will be implemented is a three percent (3%) cost-of-living adjustment that was built into the current five-year plan as approved by the property owners.

PBID III includes properties that are located south of Palm Desert Drive at Highway 111, and north of El Paseo, between Highway 74 and Sage Lane. The City of Palm Desert (City) collects annual assessments from PBID III property owners to pay for landscape maintenance, street sweeping, and parking lot lighting within the common parking lot areas. The street boundaries of PBID III are shown in the attached Management District Plan (page 14).

The attached resolutions will approve next fiscal year’s Management District Plan and allow the City to levy and collect the associated annual assessments within PBID III.

Legal Review:

This report has been reviewed by the City Attorney’s Office. 585
City of Palm Desert
Order and Collection of Assessments of PBID III

FINANCIAL IMPACT:

The assessment and collection of the levy amount will finance both ongoing maintenance and associated costs related to PBID III.

ATTACHMENTS:

1. Resolution (Approve Management Plan)

2. Resolution (Order Levy)

3. 2024-25 Management District Plan and Engineer’s Report 586
RESOLUTION NO. 2024-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, APPROVING THE MANAGEMENT DISTRICT
PLAN FOR THE PRESIDENT’S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT ASSESSMENT DISTRICT, FISCAL YEAR 2024/2025
The City Council of the City of Palm Desert (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, in Fiscal Year 2021/2022 the City Council pursuant to the provisions of Property and Business Improvement District Law of 1994, Part 7 of Division 18 of the Streets and Highways Code of California (hereafter referred to as the “Code”), and in accordance with the provisions of the California Constitution Article XIIID conducted proceedings for the formation of the President’s Plaza III Business Improvement District (hereafter referred to as the “District”), and the levy of annual assessments connected therewith; and,
WHEREAS, on July 8, 2021, the City Council held a full and fair public hearing regarding the formation of the District and the establishment of annual assessments and the maximum assessments required to pay the maintenance and services of landscaping, lighting, refuse collection and all appurtenant facilities and operations related thereto for a five year period beginning July 1, 2021, and ending June 30, 2026, pursuant to the Code; and,
WHEREAS, upon conclusion of the public hearing of July 8, 2021, the City Council tabulated the property owner assessment protest ballots returned and by resolution confirmed that majority protest did not exist and by resolution approved the Management District Plan, appointed an Advisory Board for the District, ordered the formation of the District, and ordered the levy and collection of the first annual assessments; and, WHEREAS, pursuant to the Code, the City Council appointed the President’s Plaza III Committee as the Advisory Board for the District and this Advisory Board shall cause to be prepared an annual Management District Plan (hereafter referred to as the “Report”) each fiscal year for which assessments are to be levied and collected, said Report shall be filed with the City Clerk and shall contain: any proposed changes to the District boundary; the improvements and activities to be provided; the estimated costs and method of assessment; the amount of any surplus or deficit; and contributions from other sources; and, WHEREAS, pursuant to the Code, the Advisory Board has caused to be prepared a Report in connection with the District describing the proposed improvements, services, expenditures and assessments to be levied for Fiscal Year 2024/2025, and filed with the City Clerk of the City of Palm Desert and the City Clerk has presented to the City Council such Report entitled “Management District Plan for the President’s Plaza III Property and Business Improvement Assessment District, Fiscal Year 2024/2025”; and, 587
Resolution No. 2024-____ Page 2
WHEREAS, The City Council has carefully examined and reviewed the Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and finds that the levy of assessments has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Report; and,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows:

SECTION 1. The above recitals are true and correct.

SECTION 2. The Management District Plan as presented, consists of the following:

A. A Description of the District boundaries and all properties benefiting from the improvements and services.

B. A Description of Improvements and services to be provided by the District.

C. The Annual Budget (Estimates of Costs and Expenses of Services, Operations and Maintenance),
D. The District Roll containing the Levy of Assessments for each Assessor Parcel within the District,
SECTION 3. The Report as presented, is hereby approved and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.

SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of and final approval of the Report and appointment of the District Advisory Board.

ADOPTED ON ________________, 2024.

KARINA QUINTANILLA
MAYOR
ATTEST:

ANTHONY J. MEJIA

CITY CLERK
588
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 _______________________, 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
589
590
RESOLUTION NO. 2024-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE PRESIDENT’S PLAZA III PROPERTY AND

BUSINESS IMPROVEMENT ASSESSMENT DISTRICT, FISCAL YEAR
2024/2025
The City Council of the City of Palm Desert, California (hereafter referred to as the “City Council”) hereby finds, determines, resolves and orders as follows:

WHEREAS, on July 8, 2021, the City Council called and duly held a public hearing and property owner protest ballot proceedings for the President’s Plaza III Property and Business Improvement Assessment District (hereafter referred to as the “District”) pursuant to the provisions of Property and Business Improvement District Law of 1994, Part 7 of Division 18 of the Streets and Highways Code of California (hereafter referred to as the “Code”) and the California Constitution Article XIIID, for the purpose of presenting to the qualified property owners within the District the annual levy of assessments and a maximum annual assessment over a five year period beginning July 1, 2021 and ending June 30, 2026, for the costs and expenses associated with the maintenance and operation of landscaping, lighting, refuse collection and all appurtenant facilities related thereto; and, WHEREAS, the landowners of record within the District as of the close of the Public Hearing held on July 8, 2021, did cast their ballots resulting in the approval of the District formation and annual levy of assessments related thereto; and, WHEREAS, the City Council, pursuant to the Code did by previous Resolutions formed the District, and approved a Management District Plan in connection with the formation of the District and appointed an Advisory Board that shall cause to be prepared an annual report regarding the District for the City Council’s approval; and, WHEREAS, the Advisory Board has held a meeting for reviewing and approving the proposed budget for Fiscal Year 2024/2025 and has prepared a Report in connection with the District for Fiscal Year 2024/2025, and filed with the City Clerk of the City of Palm Desert and the City Clerk has presented to the City Council such Report entitled “Management District Plan for the President’s Plaza III Property and Business Improvement Assessment District, Fiscal Year 2024/2025” and,
WHEREAS, The City Council has carefully examined and reviewed the Report as presented, and by previous resolution has approved said Report.

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

SECTION 1. The above recitals are true and correct.
591
Resolution No. 2024-____ Page 2
SECTION 2. The City Council desires to levy and collect the annual assessment for President’s Plaza III Property and Business Improvement Assessment District for Fiscal Year 2024/2025 pursuant to the provisions of the Code.

SECTION 3. Based upon its review of the Management District Plan, a copy of which has been presented to the City Council and filed with the City Clerk, the City Council hereby finds and determines that:

A. The territory of land within the District will receive special benefits from the operation, maintenance and servicing of the improvements and appurtenant facilities located within the boundaries of the District.

B. District includes all the lands so benefited; and
C. The net amount to be assessed upon the lands within the District in accordance with the proposed budget for the fiscal year commencing July 1, 2024, and ending June 30, 2025, is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefits to be received by each parcel from the improvements and services.

D. The Assessments so described in the Management District Plan are consistent with the assessments so approved by the property owners within the District.

SECTION 4. The Report and assessments as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed.

SECTION 5. The City Council hereby orders the improvements to be made, and the levy and collection of annual assessments to pay for those improvements to be presented to the County Auditor/Controller of Riverside for Fiscal Year 2024/2025. The County Auditor/Controller shall enter on the County Tax Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.

SECTION 6. The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a fund for the President’s Plaza III Property and Business Improvement Assessment District, and such money shall be expended only for the improvements described in the Management District Plan.

SECTION 7. The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2024, and en2024, June 30, 2025.

SECTION 8. The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution.
592
Resolution No. 2024-____ Page 3
ADOPTED ON ________________, 2024.

KARINA QUINTANILLA
MAYOR
ATTEST:

ANTHONY J. MEJIA

CITY CLERK
593
Resolution No. 2024-____ Page 4
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on _______________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ___________________.

ANTHONY J. MEJIA

CITY CLERK
594

City of Palm Desert
President’s Plaza III Property and
Business Improvement District

MANAGEMENT DISTRICT PLAN
AND ENGINEER’S REPORT
FISCAL YEAR 2024/2025
PUBLIC HEARING: JUNE 27, 2024
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com
595

ENGINEER'S REPORT AFFIDAVIT
City of Palm Desert
President’ Plaza III
Property and Business Improvement District
City of Palm Desert
Riverside County, State of California
This Report describes the District and defines improvements, budget and method of assessment apportionment, and the parcels to be levied for Fiscal Year 2024/2025 as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ____________ day of ______________, 2024.

Willdan Financial Services
Assessment Engineer
On Behalf of the City of Palm Desert
By: ________________________________
Daniel Louie, Project Manager
District Administrative Services
By: ________________________________
Tyrone Peter
P.E. # C 81888
596

TABLE OF CONTENTS
OVERVIEW ....................................................................................... 1 Introduction ................................................................................................. 1 District Renewal Process ........................................................................... 2 DESCRIPTION OF THE DISTRICT .................................................. 3 District Boundary ........................................................................................ 3 Improvements and Activities ..................................................................... 3 Special Benefits of the Improvements and Activities .............................. 4 METHOD OF APPORTIONMENT ..................................................... 6 Method of Apportionment Rationale ......................................................... 6 Parking Lot Improvements and Services ................................................. 6 Method of Apportionment Calculations .................................................... 6 Apportionment of Direct Costs ................................................................. 6 Apportionment of Indirect (Administration/Reserve) Costs ...................... 7 Total Annual Assessment ........................................................................ 8 Annual Budget Adjustments .................................................................... 8 DESCRIPTION OF BUDGET ITEMS IN TABLE 4 ............................ 9 Direct Benefit Costs .................................................................................... 9 Indirect Benefit Costs (Administration/Reserves) ................................... 9 Levy Breakdown ....................................................................................... 10 District Statistics....................................................................................... 10 District Budget .......................................................................................... 11 APPENDIX A —ASSESSMENT DIAGRAM ................................... 13 APPENDIX B —ASSESSMENT ROLL ........................................... 15 597
2024/2025 President’s Plaza III Property and Business Improvement District Page 1 Overview
Introduction
The City of Palm Desert (“City”) formed and established the President’s Plaza III Property and Business Improvement Assessment District (“District”) beginning in Fiscal Year 2001/2002 to provide improvements and activities that confer special benefits upon real property within the boundaries of the District. The District was established and levied pursuant to Property and Business Improvement District Law of 1994, Part 7 of Division 18 of the California Streets and Highways Code (“Act”). Pursuant to the Act, property owners within the District submitted a signed petition requesting formation of the District. The District was successfully formed for a term of five years and a maximum assessment was approved by the property owners through an assessment ballot proceeding, conducted according to provisions of the California Constitution Article XIIID (“Proposition 218”). Fiscal Year 2005/2006 was the fifth year of the term of the District. Under the provisions of the Act, the property owners within the District may renew the District for a maximum term of ten (10) years. Pursuant to the Code, and the provision of the California Constitution, the property owners within the District approved the continuation of the District and assessment for an additional five years and on July 8 th, 2021 the City authorized the funding for improvements and activities authorized within the District for a period of five years (Fiscal Years 2021/2022 through 2025/2026).

This combined Management District Plan and Engineer’s Report hereinafter referred to as “Plan” or “Report”, is presented in accordance with the provisions of the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et. seq., hereinafter referred to as the “Act.” This is the Management District Plan required by Section 36622 of the Act, for the formation and continued establishment of the President’s Plaza III Property and Business Improvement District hereinafter referred to as “District” or “PBID III”, to fund services and activities to improve and convey special benefits to properties located within the boundaries of the District.

This Report describes the District, improvements and activities, method of apportionment, the proposed assessments for the current fiscal year, and the maximum assessment proposed for the five-year duration of the renewed District.

The proposed assessments are based on the estimated cost to provide the improvements, activities, and operations that provide a direct and special benefit to properties within the District. The costs of improvements, activities, and operations include all expenditures, deficits, surpluses, revenues, and reserves.

The word “property,” for the purposes of this Plan, refers to real property situated within the District, and identified as an individual property or parcel assigned its own Assessor’s Parcel Number (APN) by the County of Riverside Assessor’s Office. The County of Riverside Auditor/Controller uses APNs to identify on the tax 598
2024/2025 President’s Plaza III Property and Business Improvement District Page 2 roll parcels and properties assessed for taxes, special assessments, and fees and charges.

District Renewal Process
A written petition of the property owners within the District, representing more than 50 percent of the proposed assessment to be levied was submitted to the Palm Desert City Council to initiate formation proceedings. The City Council initiated proceedings for the formation of the District by adopting a resolution expressing its intention to form the District. The resolution of intention referenced the Engineer’s Report and the Management District Plan, and noticed the time and place of a public hearing on the formation of the District and levy of assessments.

Within 90 days of adopting the resolution of intention, the City Council held a public hearing on the matter of formation, and caused notice to the property owners pursuant to Section 54954.6 of the Government Code. Public notices and assessment ballots (property owner protest ballots) were mailed to each property owner at least 45 days prior to the public hearing pursuant to Article XIIID of the California Constitution.

At the public hearing, the City Council provided the public and property owners with an opportunity to provide oral protests and written protests prior to the adoption of the Engineer’s Report and the Management District Plan. Pursuant to the California Constitution Article XIIID, the City Council tabulated property owner assessment ballots received from property owners to determine whether a majority protest existed. It was determined and declared by resolution that majority protest did not exist, then the property owners confirmed and approved the assessments.

If the City Council has appointed an owner’s association for the District, this owner’s association shall make yearly recommendations to the City Council on the expenditures of revenue derived from the levy of assessments and on the classification of properties as applicable. This owner’s association shall cause to be prepared a report each fiscal year for which assessments are to be levied and collected. Said annual report shall be filed with the City Clerk and shall contain:
any proposed changes to the district boundary; the improvements and activities to be provided that year; the estimated costs for that year; the method of assessment; the amount of any surplus or deficit; and contributions from other sources. The City Council may approve the report as submitted or as modified. 599
2024/2025 President’s Plaza III Property and Business Improvement District Page 3 Description of the District
District Boundary
The District consists of all parcels located in the commercial business area known as the President’s Plaza III within the City of Palm Desert, County of Riverside.

The District includes sixteen (16) assessed commercial parcels.

The boundary of the District and the parcels therein are generally located South of Palm Desert Drive at Highway 111; North of El Paseo; West of Sage Lane; and East of Old Highway 74, and includes the Palm Desert Parking Lot – a lease parcel to the City of Palm Desert located South of Highway 111; East of New Highway 74; and West of Old Highway 74.

Improvements and Activities
In an effort to enhance and improve business opportunities and the appearance of the area known as the President’s Plaza III, the Agency provided funds for the renovation and capital improvement of the parking lot and landscaped areas related to this commercial business center. In conjunction with this renovation, President’s Plaza III Property and Business Improvement District was formed in to provide and ensure the continued operation and maintenance of the improvements after the renovations had been completed. It has been determined that all the properties within the District receive special and distinct benefits from the improvements and activities to be funded through the assessments. The improvements include the necessary activities, services, operations, administration, and maintenance required to keep the improvements in satisfactory condition including all necessary labor, material, and equipment. The services may include, but are not limited to, regular maintenance, repair, removal or replacement of all or any part of the improvements including removal of trimmings, rubbish, debris and other solid waste; and, providing for the growth, health and beauty of landscaping and lighting including cultivation, trimming, spraying, fertilizing or treating for disease or damage as well as supplying necessary irrigation and electrical energy. The specific improvements and activities include:
 Parking lot landscaped areas: including, but not limited to, ground cover, shrubs, trees, plants, irrigation, and drainage systems and associated appurtenant facilities;
 Parking lot lighting facilities: including, but not limited to, bulbs, fixtures, poles, wiring, and electrical energy; and,
 Debris removal: including, but not limited to, regular mechanical sweeping of the parking lot.
600
2024/2025 President’s Plaza III Property and Business Improvement District Page 4 The costs associated with the improvements are equitably spread among the benefiting parcels within the District utilizing the method of apportionment described in the Method of Apportionment section of this Report. The total funds collected shall be dispersed and used for the services and operations provided to the District.

Special Benefits of the Improvements and
Activities
Assessed properties within the District receive special benefits from one or more of the improvements and activities funded through the District assessments.

Specifically, lighting and landscaping amenities within the parking lot, and regular sweeping of the parking lot.

The special benefits of lighting (parking lot lights) are the convenience, safety, and security of property, improvements, and goods. Specifically:

1. Enhanced deterrence of crime and aid police protection;

2. Increased nighttime safety for patrons and employees;

3. Improved visibility for pedestrians and motorists;

4. Improved ingress and egress to property;

5. Reduced vandalism and other criminal acts and damage to improvements or property;

6. Enhanced aesthetic appeal of the parking area and the properties that are associated with the parking area;

7. Increased promotion of business activities and opportunities during nighttime hours; and,

8. The special enhancement to the value of property, which results from the above benefits.

The benefits associated with landscaped islands and medians within the parking lot are specifically:

1. Improved aesthetic appeal of the parking area and nearby parcels;

2. Improved dust control;

3. Enhanced adaptation of the urban environment within the natural environment;

4. Improved traffic circulation;

5. A positive representation of the businesses within the District;

6. Centralized locations for refuse collection facilities; and, 601
2024/2025 President’s Plaza III Property and Business Improvement District Page 5

7. The special enhancement to the value of property, which results from the above benefits.

Parking lot sweeping is an essential and necessary activity for all properties— particularly commercial properties. This improvement is funded through the assessments solely for the special benefit of properties within the District. The benefits associated with this service are:

1. Enhanced aesthetic appeal of the parking area and the properties that are associated with the parking area;

2. Improved dust control;

3. The special enhancement to the value of property, which results from the above benefits.

The on-going operation and maintenance of the landscaping, lighting, and sweeping improvements provide no measurable general benefit to other properties outside the District or to the public at large. Therefore, these improvements and the corresponding assessments have been identified as 100% special benefit to parcels within the District.
602
2024/2025 President’s Plaza III Property and Business Improvement District Page 6 Method of Apportionment
Method of Apportionment Rationale
The costs of the District improvements have each been apportioned by a formula and method, which fairly distributes the net amount to be assessed among all assessed parcels in proportion to the estimated special benefits to be received by each parcel from the improvements.

Parking Lot Improvements and Services
All assessed parcels within the President’s Plaza III PBID have use of, and access to, a centralized parking facility (lot) that provides access, parking, and delivery areas for the businesses and parcels within the District. Because the parking area is a centralized facility used and accessed by all properties within the District, each parcel’s benefit is based on the size of such parcel. Therefore, it has been determined that a fair and reasonable reflection of each parcel’s benefit for the parking lot improvements shall be based on the approximate size, in square feet, of each parcel.

Method of Apportionment Calculations
The Total Direct Costs of the parking lot improvements and services are apportioned to each parcel within the District based on each parcel’s lot size in square feet. In addition to a parcel’s Total Direct Cost, each parcel is assessed for District administration expenses and a reserve fund collection (Indirect Costs). The Indirect Costs for each parcel have been apportioned in the same manner as Total Direct Costs. Therefore, each parcel’s Total Annual Assessment is the sum of its proportionate share of the Total Direct Costs and Total Indirect Costs.

Apportionment of Direct Costs
The Total Direct Costs estimated for parking lot improvements and services (maintenance) are based on the estimated annual costs to maintain the landscaping, lighting, and mechanical sweeping of the parking lot within President’s Plaza III. The Total Direct Costs are divided by the sum of the square footage of all parcels within the District in order to establish a rate per parcel square foot. This rate multiplied by each parcel’s square footage equals the parcel’s proportionate share of the parking lot maintenance costs (rounded to the nearest even penny). The rate provided in Table 1 is for Fiscal Year 2024/2025 only.

Please refer to the District Budget (Table 4) for future assessment rates.

Total Direct Cost / Total Square Footage = Rate per Square Foot Rate x Parcel Square Footage = Direct Cost Assessment Component 603
2024/2025 President’s Plaza III Property and Business Improvement District Page 7 Table 1: Direct Cost Proposed Assessment and Rate
Proposed
Direct Costs for
FY 2024/2025
Proposed Rate
(per Square Foot)
for FY 2024/2025
Fourth Fiscal Year Maximum $34,730 $0.0766
Apportionment of Indirect (Administration/Reserve) Costs To ensure the improvements, activities, and services provided and funded through the District are continued, each parcel will be assessed for administrative and reserve costs (Indirect Costs). These Indirect Costs include all expenses related to the administration of the District as well as the collection of money towards a Reserve Fund. The Reserve Fund Collection is proposed to be slightly under twenty-one percent (20.73%) of the annual Total Direct Costs of the District.

Similar to the method of apportionment for Total Direct Costs, the District’s indirect costs are apportioned to each parcel based on each parcel’s lot size in square feet.

The rate provided in Table 2 is for Fiscal Year 2024/2025 only. Please refer to the District Budget (Table 4) for future assessment rates.

Total Indirect Cost / Total Square Footage = Rate per Square Foot Rate x Parcel Square Footage = Indirect Cost Assessment Component
Table 2: Indirect Cost Proposed Assessment and Rate
Proposed
Indirect Costs
for FY 2024/2025
Proposed Rate
(per Square Foot)
for FY 2024/2025
Fourth Fiscal Year Maximum $15,824 $0.0348
604
2024/2025 President’s Plaza III Property and Business Improvement District Page 8 Total Annual Assessment
Each parcel’s Total Annual Assessment is the sum of their proportionate share of the Direct Costs and Indirect Costs. The preceding description of the method of apportionment outlines the estimated cost and rates applied for the District in Fiscal Year 2024/2025. The rate provided in Table 3 is for Fiscal Year 2024/2025 only. Please refer to the District Budget (Table 4) for future assessment rates.

Direct Cost Rate + Indirect Cost Rate = Total Rate per Square Foot Total Rate x Parcel Square Footage = Total Parcel Assessment Table 3: Total Cost Proposed Assessment and Rate
Fourth Fiscal Year
Proposed Direct
Costs for
FY 2024/2025
Proposed Rate
(per Square Foot)
for FY 2024/2025
Direct Costs Maximum $34,730 $0.0766
Indirect Costs $15,824 $0.0348
Total Costs Maximum $50,554 $0.1114
Annual Budget Adjustments
For the five years of the term of the PBID III renewal, annual assessments may be adjusted by the President’s Plaza III PBID owners’ association up to three percent (3%) per year. Actual annual adjustments may range from zero percent (0%) to three percent (3%). Adjustments may differ from year to year depending on the service needs identified by the owners’ association. In any event, assessments will not exceed the levels illustrated by the District Budget (Table 4).

Any annual budget surplus or deficit will be accrued into the following year’s PBID budget. Assessments will be set accordingly, within the constraints of the annual adjustment, to adjust for surpluses or deficits that are carried forward. 605
2024/2025 President’s Plaza III Property and Business Improvement District Page 9 Description of Budget Items In Table 4
Direct Benefit Costs
Sweeping Services: Weekly cleaning of the parking lot and gutters using a contracted, mechanized service.

Landscape Contract Maintenance: Includes all regularly scheduled labor, material (e.g. pipe, fertilizer, insecticides), and equipment required to properly maintain and ensure the satisfactory condition of all landscaping, irrigation and drainage systems, and appurtenant facilities. All landscaping improvements within the District are contracted for maintenance and service on a regular basis. The frequency and specific maintenance and operations required within the District will be determined by City staff.

Lighting Repair and Maintenance: This item includes repairs that are not normally included in the yearly maintenance contract costs. This may include repair of damaged amenities due to vandalism and storms, as well as planned upgrades, which could include replacing lighting materials or renovation of lighting systems.

Landscape Repair and Maintenance: This item includes repairs that are not normally included in the yearly maintenance contract costs. This may include repair of damaged amenities due to vandalism and storms, as well as planned upgrades, which could include replacing plant materials or renovation of irrigation systems.

Landscape Utilities -Water: Utility cost to furnish water for required landscape irrigation.

Street Lighting Utilities - Electric: The furnishing of electricity required for the operation and maintenance of the lighting facilities. The City contracts for the furnishing of its electricity for street lighting, which includes normal maintenance and bulb replacement. This cost does not include repairs or replacement of damaged facilities due to vandalism, accidents, or storms.

Landscape Utilities - Electric: Utility cost for furnishing of electricity required for the operation of the irrigation systems and landscape maintenance.

Indirect Benefit Costs (Administration/Reserves)
District Administration: The cost to all departments and staff of the City, for providing the coordination of District services, operations, and maintenance of the District, response to public concerns and education, and procedures associated with the levy and collection of assessments. This cost also includes contracting with professionals to provide additional administrative, legal, or engineering services specific to the District.
606
2024/2025 President’s Plaza III Property and Business Improvement District Page 10 County Administration Fee: This is the actual cost to the District for the County to collect District assessments on the property tax bills. This charge is based on a flat rate per fund number.

County Per Parcel Fee: This is the cost to the District for the County to collect assessments on the property tax bills. This charge is on a per assessment basis, at $0.47 per assessment, in addition to the County Administration Fee.

Operating Reserve Fund Collection: The Operating Reserve Fund provides for collection of funds to operate the District, for each fiscal year, from the period of July 1 through January when the County provides the City with the first installment of assessments collected from the property tax bills. The Operating Reserve Fund eliminates the need for the City to transfer funds from non-District accounts to pay for District charges during the first half of each fiscal year. The Operating Reserve Fund may also be used to offset any unforeseen costs such as repairs, legal fees, revenue deficits, or increased costs due to inflation or contractual agreements that are greater than originally planned. The Operating Reserve Fund Collection amount is slightly less than three percent (2.88%) of the annual Total Direct Costs of the District in Fiscal Year 2024/2025.

Parking Lot Maintenance Fund Collection: The Parking Lot Maintenance Fund provides funds for the sealing and re-striping of the parking lot after the fourth year of the renewal term. The parking lot was last refurbished during December 2005, for which, the District’s cost of sealing and re-striping the parking lot was $27,200 (15.5 cents per square foot multiplied by 175,520 square feet of surface area) and the cost of repairs within the parking lot was $24,300 (for 8,500 square feet of surface area); for a total cost of $51,500. In anticipation of future refurbishment and necessary periodic repairs, the parking lot maintenance fund has been established, and is funded by a predetermined amount every Fiscal Year.

Insurance: This line item supports insurance costs for the operation of the District.

Levy Breakdown
Total District Costs: This is the sum of all budgeted Direct and Indirect costs.

District Statistics
Total Parcels: The total number of parcels within the District.

Total Parcels to Levy: The total number of parcels within the District to be assessed. Non-assessed lots or parcels include easements, communal areas, and parcels within the boundaries of the District, that currently do not benefit from the improvements, which are excluded in the Total Parcels to Levy.

Total Parcels Square Footage: This is the sum of the assessed parcels’ square footage applied to each assessed parcel within the District. 607
2024/2025 President’s Plaza III Property and Business Improvement District Page 11 Levy Rate per Direct Costs per Square Foot: This amount represents the Rate for Direct Costs applied to each assessed parcel’s individual lot square footage.

The Levy Rate per Direct Costs is the result of dividing the estimated Total Direct Costs for that year by the sum of the District’s Total Parcels Square Footage. The rate is calculated to four decimal places.

Levy Rate per Indirect Costs per Square Foot: This amount represents the Rate for Indirect Costs applied to each assessed parcel’s individual lot square footage.

The Levy Rate per Indirect Costs is the result of dividing the estimated Total Indirect Costs for that year by the sum of the District’s Total Parcels Square Footage. The rate is calculated to four decimal places.

Total Levy Rate per Square Foot: This amount represents the Rate applied to each assessed parcel’s individual lot square footage. The Levy Rate per Square Foot is the result of dividing the estimated Total District Costs for that year by the sum of the District’s Total Parcel Square Footage. The rate is calculated to four decimal places.

District Budget
The District Budget shown on the following table (Table 4), lists the estimated costs of providing the various improvements and services within the District. The costs and the resulting rates for Fiscal Year 2021/2022 through Fiscal Year 2025/2026 are based on the estimated costs to provide the improvements and services for each year. Direct Costs, District and County Administration Costs, and Insurance Costs are adjusted for the three percent (3%) inflation factor.

The owners’ association, appointed by the City Council, will annually review the District Costs, and make recommendations for any changes or adjustments to the budget. Changes to the budget could result in changes to the annual assessment, but the resulting total assessment may not exceed the maximum rates established in this Report without first obtaining property owner approval through assessment ballot
608
2024/2025 President’s Plaza III Property and Business Improvement District Page 12 Maximum annual assessments for direct costs, district and county administration, and insurance are adjusted by 3% from the previous Fiscal Year for Fiscal Years 2021/2022 through 2025/2026. The PBID Advisory Board will determine the amount of any actual increase for those years which may not exceed 3% per year. (1) FY 2024/2025 Actual and Maximum Proposed Assessments are the same.

Sources: City of Palm Desert; Willdan Financial Services Table 4: Five Year Budget

Actual Proposed Assessment Maximum Proposed Assessment for Fiscal Years Budget Item FY 2024/2025 2021/2022 2022/2023 2023/2024 2024/2025 2025/2026 Direct Costs
Sweeping Services $6,810 $6,232 $6,419 $6,611 $6,810 $7,014 Landscape Contract Maintenance 7,661 7,011 7,221 7,438 7,661 7,891 Lighting Repair & Maintenance 2,043 1,870 1,926 1,983 2,043 2,104 Landscape Repair & Maintenance 5,959 5,453 5,616 5,785 5,959 6,137 Landscape Utilities - Water 3,405 3,116 3,209 3,306 3,405 3,507 Street Lighting Utilities - Electric 8,001 7,322 7,542 7,768 8,001 8,241 Landscape Utilities - Electric 851 779 802 826 851 877
Subtotal Direct Costs $34,730 $31,783 $32,735 $33,717 $34,730 $35,771 Indirect Costs
District Administration $5,959 $5,453 $5,616 $5,785 $5,959 $6,137 County Administration 110 101 104 107 110 114
Operating Reserve Fund Collection 1,000 1,000 1,000 1,000 1,000 1,000 Parking Lot Maintenance Fund Collection 6,200 6,200 6,200 6,200 6,200 6,200 Insurance 2,554 2,337 2,407 2,479 2,554 2,630
Subtotal Indirect Costs $15,824 $15,091 $15,327 $15,570 $15,824 $16,080 Levy Breakdown
Total District Costs $50,554 $46,873 $48,062 $49,287 $50,554 $51,852 Balance to Levy $50,554 $46,873 $48,062 $49,287 $50,554 $51,852 District Statistics
Total Parcels 16 16 16 16 16 16
Total Parcels To Levy 16 16 16 16 16 16
Total Parcels Square Footage 453,956 453,956 453,956 453,956 453,956 453,956 Levy Rate per Direct Costs per Sq Ft $0.0766 $0.0700 $0.0722 $0.0742 $0.0766 $0.0788 Levy Rate per Indirect Costs per Sq Ft $0.0348 $0.0332 $0.0338 $0.0342 $0.0348 $0.0354 Total Levy Rate per Square Foot $0.1114 $0.1032 $0.1058 $0.1086 $0.1114 $0.1142 Operating Reserve Fund Balance
Previous Balance $16,066 $13,066 $14,066 $15,066 $16,066 $17,066 Transfer In 1,000 1,000 1,000 1,000 1,000 1,000
Ending Balance $17,066 $14,066 $15,066 $16,066 $17,066 $18,066 Parking Lot Maintenance Fund Balance
Previous Balance $91,542 $72,942 $79,142 $85,342 $91,542 $97,742 Transfer In 6,200 6,200 6,200 6,200 6,200 6,200
Ending Balance $97,742 $79,142 $85,342 $91,542 $97,742 $103,942

609
2024/2025 President’s Plaza III Property and Business Improvement District Page 13 Appendix A —Assessment Diagram
The Assessment Diagram for the District is on the following page and is inclusive of all parcels identified on the County of Riverside Assessor’s Parcel Maps as Book 627, Page 192. The Assessment Diagram will be kept on file with the City Clerk of the City of Palm Desert.
610
2024/2025 President’s Plaza III Property and Business Improvement District Page 14 611
2024/2025 President’s Plaza III Property and Business Improvement District Page 15 Appendix B —Assessment Roll
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the County Assessor’s Map for the year in which this Report is prepared.

The Assessment Roll, which includes a listing of parcels assessed within this District, along with their assessment amounts, is shown in Table 5.
(1) Actual & Maximum Proposed Assessments may not match due to rounding. (2) Variance from Balance to Levy on Table 4 due to rounding.

Sources: Riverside County Secured Roll; Willdan Financial Services Table 5: Assessment Roll
Asmt No.

Assessor Parcel
Number Situs Address
Area Square
Footage
Proposed Assessment
for FY 2024-2025
(1)
Maximum
Proposed
Assessment for
FY 2024-2025
(1) (2)
1 627-192-006 73175 HIGHWAY 111 11,000 $1,225 $1,225
2 627-192-009 73211 HIGHWAY 111 10,933 1,217 1,217
3 627-192-014 73100 EL PASEO 33,940 3,780 3,780
4 627-192-020 73160 EL PASEO 11,980 1,334 1,334
5 627-192-021 73170 EL PASEO 11,958 1,332 1,332
6 627-192-022 73180 EL PASEO 11,936 1,329 1,329
7 627-192-023 73190 EL PASEO ST 11,814 1,316 1,316
8 627-192-024 73200 EL PASEO 35,741 3,980 3,980
9 627-192-033 73241 HIGHWAY 111 43,560 4,851 4,851
10 627-192-034 73101 HIGHWAY 111 45,738 5,093 5,093
11 627-192-035 73125 HIGHWAY 111 46,173 5,142 5,142
12 627-192-036 73040 EL PASEO 17,424 1,940 1,940
13 627-192-037 73080 EL PASEO 34,848 3,881 3,881
14 627-192-038 73155 HIGHWAY 111 44,431 4,948 4,948
15 627-192-039 73185 HIGHWAY 111 21,932 2,442 2,442
16 627-192-040 73130 EL PASEO 60,548 6,743 6,743
Total (2) 453,956 $50,552 $50,552
612

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: June 27, 2024
PREPARED BY: Jason K. Finley, Chief Building Official
REQUEST: AWARD CONTRACTS TO MULTIPLE VENDORS FOR ON-CALL PLAN

REVIEW AND INSPECTION SUPPORT SERVICES IN AN AMOUNT NOT TO EXCEED $300,000/YEAR IN AGGREGATE
RECOMMENDATION:

1. Award on-call contracts to Willdan Engineering, Bureau Veritas North America, Inc., and Interwest Consulting Group, Inc. to provide on-call plan review and inspection support services to the Development Services Department for a period of one (1) year with the option for two (2) additional one-year terms in an amount not to exceed $300,000 per year in aggregate.

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

3. Authorize the City Manager to execute said agreements and extensions.

BACKGROUND/ANALYSIS:

The current contract for on-call plan review and inspections services expires June 30, 2024. To ensure a seamless transition, the City released a Request for Proposals (“RFP”) soliciting bids for “Plan Review and Inspection Services” (“Services”) for the Development Service Department via OpenGov on April 1, 2024. The RFP intended to solicit proposals from qualified professional firms that can provide temporary and supplemental building and safety services during peak activity, such as:
 Building Officials, plan examiners, building inspectors, and permit technicians.  Code compliance officers.
 Planning support.
 Administrative support.

The RFP closed on April 26, 2024, and sixteen (16) proposals were received.

Consultant Location
4LEAF, Inc. San Bernadino, CA
BPR Consulting Group El Dorado Hills, CA
Bureau Veritas North America, Inc. Pasadena, CA
CSG Consultants, Inc. Foster City, CA
HR Green Pacific, Inc. Palm Desert, CA
Interwest Consulting Group, Inc. Irvine, CA
True North Compliance Services Long Beach, CA
JAS Pacific Upland, CA
JLee Engineering, Inc. Alhambra, CA
NV5, Inc. Irvine, CA
Scott Fazekas and Associates Irvine, CA
Shums Coda Associates Pleasanton, CA
613
City of Palm Desert
On-call plan review and inspection support services

Transtech Engineering, Inc. Chino, CA
Universal Engineering Services Riverside, CA
West Coast Consultants, Inc. Oceanside, CA
Willdan Engineering Anaheim, CA
An internal selection committee was created for this RFP, which included representatives from Development Services, Building and Safety, and the Finance Department. Based on the submitted qualifications, a detailed scoring process was performed by our committee. Three companies were selected for inclusion in the contract process to ensure the availability of the highest quality building plan review and inspection services for the protection of the residents of Palm Desert.

The committee unanimously agreed to recommend Bureau Veritas North America, Inc. Interwest Consulting Group, Inc, and Willdan Engineering, who were the three highest scoring firms. The term of the contract for each firm will be one (1) year, with the option of two (2) additional oneyear terms.

Under the current contract period payment for services was based on 70% of the plan review fees collected and included three review submittals, any reviews after three are hourly. The payment for plan review services for the recommended firms are:

Company Residential Plan Review Commercial Plan Review # of Reviews Hrly Rate Bureau Veritas 65% of Plan Review Fee
Collected
65% of Plan Review Fee
Collected
2 $130
Interwest Consulting 70% of Plan Review Fee
Collected
65% of Plan Review Fee
Collected
3 $160
Willdan Engineering 70% of Plan Review Fee
Collected
70% of Plan Review Fee
Collected
3 $145
An important point to note is that during the selection process, the committee ensured that all potential firms being considered were not design firms, but firms who provide services solely to the government, thereby eliminating any possible conflict of interest. The Building and Safety Division intends to review the majority, if not all, of the plans submitted with City staff, and utilize the consultants only on the more complex projects for structural review and to supplement City services as necessary.

A transition period began on June 12, 2024, to discontinue the use of the current outside plan review consultant for new submittals as the consultant was not selected as one of the top three.

As of this staff report, plan review will occur in-house as the need for advanced plan review is not currently necessary until new agreements are in place. As a result, there should be a seamless transition and limited instances where different consultants are conducting plan review on the same application.

Legal Review:

This report has been reviewed by the City Attorney’s office. 614
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On-call plan review and inspection support services

FINANCIAL IMPACT:
$300,000 has been included in the proposed budget for FY 2024-25 in account # 1104420- 4301000 for this item. Upon approval, there is no additional impact to the General Fund.

ATTACHMENTS:

1. Professional Services Agreement - Willdan Engineering

2. Willdan Engineering Proposal

3. Willdan Fee Proposal

4. Professional Services Agreement - Bureau Veritas North America, Inc.

5. Bureau Veritas Proposal

6. Bureau Veritas Fee Proposal

7. Professional Services Agreement – Interwest Consulting Group, Inc.

8. Interwest Consulting Group Proposal

9. Interwest Fee Proposal
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CITY OF PALM DESERT

PROFESSIONAL SERVICES AGREEMENT

1. Parties and Date. This Agreement is made and entered into this 27th day of June 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 Willdan Engineering, a Corporation, with its principal place of business at 650 E Hospitality Lane, Suite 400, San Bernardino, CA 92408 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Recitals.

2.1 Project.

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

Plan Review and Inspection Services – Development Services (hereinafter referred to as “the Project”).

2.2 Consultant.

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

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

3. Terms.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit “A-I” and attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.

3.1.2 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 the Agreement automatically for no more than two (2) additional one-year terms. The Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates.

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

Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, 617
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directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

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

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

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

The key personnel for performance of this Agreement are as follows: Patrick Johnson P.E., CBO, - Director of Building and Safety.

3.2.5 City's Representative. The City hereby designates Richard Cannone, AICP, Director of Development Services, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement.

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

3.2.6 Consultant's Representative. Consultant hereby designates Patrick Johnson P.E., CBO, Directory of Building and Safety, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative").

Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

3.2.8 Standard of Care; Performance of Employees. Consultant shall 618
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perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

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

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

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

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

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

3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services and shall give 619
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all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

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

3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

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

3.2.11 Insurance.

3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. 620
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(C) Professional Liability (Errors & Omissions) Insurance.

Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives.
(E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
(1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part for any reason;
(2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies.
(5) Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(F) Fidelity Coverage. (RESERVED)
(G) Cyber Liability Insurance. (RESERVED)

3.2.11.2 Other Provisions or Requirements.
(A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or 621
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damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by
Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or selfinsurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(G) Enforcement of Contract Provisions (non estoppel).

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

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation 622
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(except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review.
(N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.

3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, 623
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state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.

Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies of this Section.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed three hundred thousand dollars ($300,000) in aggregate among firms awarded for on-call work per fiscal year without written approval of the City Council or City Manager, as applicable.

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

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

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

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

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

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates 624
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of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

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

3.5 Accounting Records.

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

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant 625
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shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

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

3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation.

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

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

Consultant: Willdan Engineering
650 E. Hospitality Lane, Suite 400
San Bernardino, CA 92408
ATT: Patrick Johnson P.E., CBO
Director of Building and Safety
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Richard Cannone, AICP
Director of Development Services
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data 626
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magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

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

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

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

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in 627
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connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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

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

3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

3.6.5 [Reserved]

3.6.6 Indemnification.

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

3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be 628
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limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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

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

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

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

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

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

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

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

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

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

3.6.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. 629
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3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

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

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

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

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

BY AND BETWEEN THE CITY OF PALM DESERT

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

CITY OF PALM DESERT
By:

L. Todd Hileman
City Manager
Attest:

By:

Anthony Mejia
City Clerk
Approved as to form:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney

WILLDAN ENGEERING, A CORPORATION
By:

Its:

President
Printed Name:

Vannesa Munoz
By:

Its:

Secretary
Printed Name:

Kate Nguyen
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
631
Contract No. ___________
Exhibit “A-I”
Revised 07-2023
BBK 72500.00001\32374915.1
EXHIBIT “A”

SCOPE OF SERVICES
Plan Review Services
All building plans will be examined for compliance with the current adopted version of the California Building Code, California Residential Code, Green Building Standards Code, California Mechanical Code, California Plumbing Code, California Electrical Code, California Fire Code, California Historical Code, California Existing Building Code and the Accessibility, Noise, and Energy Conservation requirements as mandated by State Title 24, and all additional applicable City Ordinances. Plan review for Disabled Access Compliance will include a review of precise grading plans.

All plan reviews will include compliance with code requirements as well as an overview of the application package for other applicable requirements such as approvals from other local agencies and districts and coordination with other City departments. All plan review will comply with the City’s directives, codes and policies.

Plan check will include a review of any or all of the following design elements as determined by the City:
▪ Architectural
▪ Structural
▪ Plumbing
▪ Mechanical
▪ Fire/Life Safety
▪ Electrical
▪ Energy Conservation Regulations (Title 24)
▪ Disabled Access Regulations (CBC)
▪ Green Building Standards
▪ CASp
Building Inspection Services
All inspections will be performed in accordance with the City’s adopted version of the California Building Code, California Residential Code, Green Building Standards Code, California Mechanical Code, California Plumbing Code, California Electrical Code, and the State and Federal regulations for Accessibility, Noise and Energy Conservation, California Fire Code and provisions of Title 19 and NFPA.

Inspection staff will be available to meet with City staff, builders, developers, and citizens to provide assistance and resolve any inspection issues that may arise. Inspectors shall attend and participate in required meetings with other City inspection and plan review staff, property owners, contractors and/or design professionals.

Inspectors will review the permit package to verify that the on-site condition is consistent with the appropriate records for square footage, setbacks, heights, and other requirements that may be applicable. Inspectors will comply with the City’s procedures for reporting inspection results, use City inspection correction forms, make appropriate entries
632
Contract No. ___________
Exhibit “B”
Revised 07-2023
BBK 72500.00001\32374915.1
EXHIBIT "B"

SCHEDULE OF SERVICES
All plan reviews will include compliance with code requirements as well as an overview of the application package for other applicable requirements such as approvals from other local agencies and districts and coordination with other City departments. All plan review will comply with the City’s directives, codes and policies.

Plan check will include a review of any or all of the following design elements as determined by the City:

Architectural
▪ Structural
▪ Plumbing
▪ Mechanical
▪ Fire/Life Safety
▪ Electrical
▪ Energy Conservation Regulations (Title 24)
▪ Disabled Access Regulations (CBC)
▪ Green Building Standards
▪ CASp
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Exhibit “C”
Revised 07-2023
BBK 72500.00001\32374915.1
EXHIBIT "C"

COMPENSATION
Willdan will provide plan review services for a percent of the plan check fee collected by the City or for all-inclusive hourly rates as shown below. Percent of fee plan review will be charged through three reviews including approval based on the City’s Fee Schedule. Subsequent reviews will be charged based on our hourly rate schedule. Expedited plan review will be billed at 1.35x of our rate. Over-time inspections will be billed at 1.5x of our rate. Mileage for inspections will be billed at the current IRS Standard Mileage Rate.

Rates will not increase through June 30, 2025. If the Agreement is extended beyond June 30, 2025, Willdan may reserve the right to increase rates once per year to the value between the 12- month % change of the Consumer Price Index for Riverside County area and five percent.

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, CA 634
KAttn
635
Cover Letter
April 26, 2024
City of Palm Desert
Attn: Jason Finley, Chief Building Official
73510 Fred Waring Drive
Palm Desert, CA 92260
Subject: Proposal for Plan Review and Inspection Services – 2024-RFP-109 Willdan Engineering is pleased to present this proposal to the City of Palm Desert to provide building plan check and inspection services to the City. Willdan has been a consistent industry leader for more than 60 years, providing all aspects of municipal and infrastructure engineering, including building and safety, public works, public financing, planning, and construction management services.

While our exceptional services are presented in this response, listed below are reasons why Willdan is uniquely qualified to provide these services to the City of Palm Desert. ▪ Demonstrated Competence – Willdan Engineering presently provides building and safety services to a vast number of jurisdictions throughout California. In this capacity, we provide a full range of services including Building Official services, building and safety plan review, permit issuance, inspection, and code enforcement. Willdan provided Building and Safety services to the City of Palm Desert in the past. We are familiar with the City’s processes as well as the expectation for quality customer service to the community and residents.
▪ Office Locations – With sixteen southern California offices, Willdan staff are available to meet with City staff, applicants, developers, etc., to expedite plan review coordination and respond to questions and concerns in a timely manner. Our team will be managed and coordinated through our San Bernardino Office.
▪ Electronic Plan Review – Willdan Engineering offers electronic plan review which reduces foot traffic at City Hall and significantly expedites review as well as reduces shipping and printing costs for the applicant while promoting a paperless environment at no additional cost to the City or permit applicants.
▪ CASp Certified Inspectors and Plans Examiners – Willdan Engineering can provide CASp certified specialists to the City, as required by Senate Bill No. 1608, specifically CHAPTER 549. ▪ Quick Turnaround Times. Willdan has a reputation for providing quality and accurate plan review in a timely manner. We understand that time is of critical importance to the City and to the development community. We are dedicated to meeting normal and “expedited” turnaround deadlines. ▪ Customer Service – Our approach to user-friendly customer service specifically results in reduced number of plan review rechecks and has allowed us to meet the required plan check turnaround time standards of the City.
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April 26, 2024

Patrick Johnson, PE, CBO, Director of Building and Safety, is authorized to contractually bind Willdan and will serve as Project Manager and will oversee all day-to-day services provided to the City and can be reached as shown below:

We have reviewed the City’s Sample Professional Services Agreement and have no objections to the contract language.

As demonstrated in our proposal, our team possesses the skill and experience required to address the City’s needs. We look forward to providing services to the City of Palm Desert and its community.

Respectfully submitted,

WILLDAN ENGINEERING
Patrick Johnson, PE, CBO
Director of Building and Safety
Patrick Johnson, PE, CBO
Director of Building and Safety
Willdan Engineering
650 E Hospitality Lane, Suite 400
San Bernardino, CA 92408
(909) 915-4361
[email protected]
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Proposal for Plan Review and Inspection Services
2024-RFP-109
Table of Contents
Experience/Technical Competence.........................................................................................................1 Background............................................................................................................................................1 References.............................................................................................................................................3 Firm Staffing/Key Personnel ...................................................................................................................5 Staffing...................................................................................................................................................5 Key Personnel ........................................................................................................................................5 Team Organization ................................................................................................................................7 Subcontractors ......................................................................................................................................7 Proposed Method....................................................................................................................................8 Appendix
▪ Résumés
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Experience/Technical Competence

BACKGROUND
Our firm is a leading provider of Building and Safety Department services, with extensive experience in all aspects of plan review, building inspection, building administration, and code enforcement. Our team has a proven track record of delivering high-quality services that exceed client expectations and ensure public safety.

Willdan stands out from other providers through our additional resources, availability, high-level oversight, and on-time performance. Our ability to provide additional resources, such as dedicated project management staff, state-of-the-art technology, and specialized expertise, sets us apart from other firms. We also prioritize availability, with an on-site team ready to respond to emergencies and urgent requests.

Our approach to service provision is based on responsiveness, cost-control measures, and practical training programs. We understand the importance of timely and efficient service delivery, and our team is committed to providing quick response times while maintaining cost-effectiveness. We prioritize effective training programs to ensure our staff possesses the necessary skills and knowledge to perform their duties to the highest standards.

Willdan can provide a complete range of services desired by the Building Division, including but not limited to plan review and building inspection. Our team deeply understands all applicable regulations and codes, allowing us to deliver accurate and effective services that comply with all requirements.

Our ability to provide services during emergencies, disasters, and pandemics is a key differentiator that sets us apart from other providers. We have extensive experience responding to emergencies of all kinds, and our team is always ready to mobilize quickly and support our clients.

Willdan is uniquely positioned to deliver high-quality Building and Safety Department services that exceed client expectations and ensure public safety. Our additional resources, availability, high-level oversight, and on-time performance set us apart from other providers. Our commitment to practical training programs and cost-control measures ensures that our services are always delivered to the highest standards.

ICC Preferred Provider – Willdan is recognized as an ICC Preferred Provider and our knowledgeable staff is available to provide training to jurisdictions as needed. 639
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COMPANY OVERVIEW
Willdan Engineering (Willdan), a California Corporation founded in 1964, is part of Willdan Group, Inc. (WGI), a NASDAQ publicly traded Delaware Corporation and nationwide firm serving numerous public agencies and private sector clients. Founded in 1964 and headquartered at 2401 E Katella Avenue, Anaheim, California, 92806, Willdan was originally established as a civil engineering firm specializing in providing solutions for our public agency clients. Since that time, we have evolved into a professional consulting firm offering a broad array of services that allows us to provide a comprehensive and integrated approach to our clients’ planning, engineering, building and safety, financial, economic, public facility, public safety, and energy sustainability solutions.

Willdan’s engineering division spans the scope of building and safety services including:
▪ Building Official Services
▪ Inspection Services
▪ Permit Technician Services
▪ Plan Review Services
▪ Fire Protection Services
▪ Code Enforcement Services
Willdan has a reputation for delivering high-quality projects on time and within budget. Rooted in Willdan’s corporate culture is a focus on quality customer service. The company has more than 1,600 employees, including licensed engineers, architects, ICC certified plans examiners, inspectors, code enforcement professionals, and fire code officials. Willdan benefits from well-established relationships with local and state government agencies, investor-owned and municipal utilities, and private-sector commercial and industrial firms throughout the United States. Today, Willdan’s employees operate out of multiple offices located throughout the United States. We have supported the implementation of community visions through engineering, construction management, inspection, planning, building safety, and staff augmentation services. Willdan has completed various types of projects for over 95 percent of the cities and counties in California.

Throughout our 60-year history, Willdan has sustained consistently healthy financial performance.

Willdan has the financial strength and wherewithal to complete all projects we undertake. This is due, in part, to a respected reputation in the municipal engineering industry for providing timely, cost-effective, innovative engineering solutions that exceed our client’s expectations and for providing exceptional customer service to our many clients. The firm has the resources and appropriate staffing to perform and complete all contractual project obligations.

Willdan's corporate-wide capabilities include a full range of civil and structural engineering, building and safety services, land planning, financial and economic consulting, geology and geotechnical engineering, environmental health and safety, and energy efficiency solutions consulting services.

Willdan offers the full scope of services detailed in the City’s RFP. With over 200 licensed professionals and technical staff, Willdan brings the depth of resources, staff, and experience to provide building plan checking and/or permit technician services for virtually any project for the City. 640
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REFERENCES
Current Projects
Willdan currently provides similar services to a vast number of California jurisdictions, Joint Power Authorities, Tribal entities, and University campuses. The following is a condensed list of our current Building and Safety clients.

Client Percentage
Complete
Building
Inspection
Building Plan
Check
Building
Official
Permit
Technician
City of Banning Ongoing ⬧ ⬧ ⬧ ⬧
City of Beaumont Ongoing ⬧
City of Cathedral City Ongoing ⬧
City of Coachella Ongoing ⬧ ⬧
City of Desert Hot Springs Ongoing ⬧ ⬧
City of Goleta Ongoing ⬧
City of Hemet Ongoing ⬧ ⬧ ⬧
City of Highland Ongoing ⬧ ⬧
City of Indian Wells Ongoing ⬧ ⬧
City of Loma Linda Ongoing ⬧ ⬧ ⬧ ⬧
City of Long Beach Ongoing ⬧ ⬧
March Joint Power Authority Ongoing ⬧ ⬧
City of Moreno Valley Ongoing ⬧ ⬧ ⬧
City of Ontario Ongoing ⬧ ⬧ ⬧
City of Rancho Cucamonga Ongoing ⬧
City of Rancho Mirage Ongoing ⬧ ⬧
City of Rolling Hills Estates Ongoing ⬧ ⬧ ⬧ ⬧
City of Sierra Madre Ongoing ⬧ ⬧ ⬧
City of Upland Ongoing ⬧ ⬧ ⬧
County of Los Angeles Ongoing ⬧ ⬧
County of Riverside Ongoing ⬧ ⬧ ⬧
County of San Bernardino Ongoing ⬧ ⬧
Morongo Band of Mission Indians Ongoing ⬧ ⬧ ⬧
29 Palms Band of Mission Indians Ongoing ⬧ ⬧
UC Campuses/CalState Campuses Ongoing ⬧ ⬧
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CLIENT CONTACT DATES SERVICE PROVIDED
City of Banning
99 E Ramsey St
Banning, CA 92220
Adam Rush
Dir. Community Development
760.219.2791
[email protected]
2019 – Present ▪ Building Official
▪ Building Plan Check
▪ Inspection
▪ CASp
▪ Permit Technician
City of Desert Hot
Springs
11999 Palm Dr
Desert Hot Springs, CA
92240
Travis Clark
Dir. Community Development
760.329.6411
[email protected]
2019 – Present ▪ Building Plan Check
▪ Inspection
City of Indian Wells
44950 El Dorado
Indian Wells, CA 92210
Wes Remaklus
Building Official
760.776.0230
[email protected]
2015 – Present ▪ Building Plan Check
▪ Inspection
City of Coachella
53990 Enterprise Way
Coachella, CA 92236
Gabriel Perez
Development Services Director
760.398.3502
[email protected]
2017 – Present ▪ Building Plan Check
▪ Inspection
City of Ontario
303 East B St
Ontario, CA 91764
James Caro
Building Official
909.395.2000
[email protected]
2021 – Present ▪ Building Plan Check
▪ Inspection
▪ CASp
▪ Permit Technician
County of Riverside
4080 Lemon St
Riverside, CA 92501
Selvana Guirguis
Plan Check Manager
951.955.1871
[email protected]
2019 – Present ▪ Building Plan Check
▪ Inspection
▪ Permit Technician
City of Loma Linda
25541 Barton Road
Loma Linda, CA 92354
T. Jarb Thaipejr
City Manager
909.799.2810
[email protected]
1980 – Present ▪ Building Official
▪ Building Plan Check
▪ Inspection
▪ CASp
▪ Permit Technician
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Firm Staffing/Key Personnel

KEY PERSONNEL
Patrick Johnson is Director of Willdan’s Building and Safety Division. As the Principal-in-Charge, Mr. Johnson is responsible for overseeing all Community Development services company wide as well as providing structural and nonstructural plan review. He has attended building & safety and seismic application seminars and has received his Master of Engineering degree, specializing in structures, from California State Polytechnic University. Mr. Johnson has served as a forensic engineer responsible for justifying probable causes of structural damage caused by expansive soils. He has also provided Building Official Services to the City of Loma Linda, City of Highland, City of Banning, City of Big Bear Lake, City of Rancho Mirage, and March JPA.

STAFF
We recognize that the City's departmental workload fluctuates. Willdan hires professionals in three categories – full-time, modified full-time, and part-time. Part-time staff may work up to 40 hours per week. Our plan review staff have years of municipal experience and are ICC certified in their respective discipline(s) for which they conduct plan review services. In addition, our accessibility review professionals are CASp certified. All services will be provided from our San Bernardino office, with additional resources employed company-wide as necessary. Individual résumés are located in the Appendix herein.

Name/Title Registrations/Certifications Service Provided Patrick Johnson, PE,
CBO
Director/Project
Manager
▪ Civil Engineer, California No. CE#67960
▪ Civil Engineer, Arizona No. 50435
▪ Civil Engineer, Colorado No. 43704
▪ ICC Plans Examiner
▪ ICC Building Inspector
▪ ICC Building Official
Director of Building & Safety
Project Management
Stefan Chiose, PE
Supervising Plan Check
Engineer
▪ Professional Engineer, California #82816
▪ ICC Certified Plans Examiner
▪ ICC Certified Fire Sprinkler Plan Examiner
Building Plan Review: Structural design
and analysis, commercial, accessibility,
and residential plan checking, structural
calculation review, exceptional
customer service, and building and
municipal code enforcement.

Ted Beckwith, PE, SE
Plan Check Engineer
▪ Registered Structural and Civil Engineer
▪ ICC Certified Building Official
▪ ICBO and ICC Certified Plans Examiner
Building Plan Review:

Structural, architectural, plumbing,
mechanical, electrical, energy,
accessibility, green building, fire lifesafety.

Rouhi El-Rabaa, PE,
CASp
Plan Check Engineer
▪ California Professional Engineer, CE#92565
▪ ICC Plans Examiner
▪ CASp Certified
Building Plan Review:

Structural, architectural, plumbing,
mechanical, electrical, energy,
accessibility, green building, fire lifesafety.
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Name/Title Registrations/Certifications Service Provided Daren Raskin, PE, CBO
Deputy Director/Plan
Check Engineer
▪ California Professional Engineer, CE#57577
▪ ICC Plans Examiner
▪ ICC Building Official
Building Plan Review: Structural,
architectural, plumbing, mechanical,
electrical, energy, green building,
accessibility, residential, and
commercial.

Ricardo Guzman, SE,
PE
Structural Plan Check
Engineer
▪ Structural Engineer, California, No. 1833
▪ Civil Engineer, California, No. 21238
▪ Arizona No. 38916
▪ Mexico, No. 155901
▪ Ohio, No. E-59652
▪ Washington, No. 15338
Building Plan Review: Structural,
architectural, plumbing, mechanical,
electrical, energy, green building,
accessibility, residential, and
commercial.

Aaron Cowen, PE
Plan Check Engineer
▪ California Professional Engineer, CE#58878
▪ ICC Plans Examiner
Building plan review: Structural design
and analysis, commercial, accessibility,
and residential plan checking, structural
calculation review, exceptional
customer service, and building and
municipal code enforcement.

Dominick Taliulu, EIT
Plans Examiner
▪ ICC Plans Examiner
▪ EIT Certification
Building Plan Review:

Architectural, plumbing, mechanical,
electrical, energy, accessibility, green
building, fire life-safety.

Ryan Miller, EIT
Plans Examiner
▪ EIT Certification Building Plan Review:

Architectural, plumbing, mechanical,
electrical, energy, accessibility, green
building, fire life-safety.

Ehab Barakat
Plans Examiner
▪ ICC Plans Examiner
▪ ICC Building Inspector
Building Plan Review:

Architectural, plumbing, mechanical,
electrical, energy, accessibility, green
building, fire life-safety.

Dan Chudy, CBO, CASp
Plans Examiner/CASp
Specialist
▪ ICC Combination Inspector
▪ ICC Commercial Combination Inspector
▪ ICC Building Code Specialist
▪ ICC Permit Specialist ICC
▪ ICC Mechanical Inspector
▪ Fire Inspector II
▪ ICC Permit Technician
▪ CALGreen Inspector
▪ ICC Electrical Inspector
▪ ICC Building Plans Examiner ICC
▪ Certified Building Official
▪ ICC Plumbing Inspector
▪ ICC Building Inspector
Building Plan Review:

Architectural, plumbing, mechanical,
electrical, energy, accessibility, green
building, fire life-safety.

Alan Ryzner
Building Inspector
▪ ICC Building Inspector
▪ ICC Plumbing Inspector
▪ ICC Mechanical Inspector
▪ ICC Electrical Inspector
▪ ICC Combination Inspector
Building Inspector: Residential,
commercial, and industrial plan review,
inspections, and building code
requirements.

Troy Gnuschke
Building Inspector
▪ ICC Commercial Building Inspector Building Inspector: Residential, commercial, and industrial plan review,
inspections, and building code
requirements.
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Name/Title Registrations/Certifications Service Provided Steve Nickles
Building Inspector
▪ ICC Residential Building Inspector
▪ ICC Residential Plumbing Inspector
▪ ICC Residential Mechanical Inspector
Building Inspector: Residential,
commercial, and industrial plan review,
inspections, and building code
requirements.

Jack Murchall
Building Inspector
▪ ICC Commercial Combination Inspector
▪ ICC Commercial Electrical Inspector
▪ ICC Residential Electrical Inspector
▪ ICC Residential Building Inspector
Building Inspector: Residential,
commercial, and industrial plan review,
inspections, and building code
requirements.

Allen Elkins
Building Inspector
▪ ICC Combination Inspector
▪ ICC Residential Building Inspector
▪ ICC Residential Energy Inspector/Plans
Examiner
▪ ICC Building Plans Examiner
▪ ICC Residential Mechanical Inspector
▪ ICC Accessibility Inspector/Plans Examiner
▪ ICC Commercial Electrical Inspector
▪ ICC Residential Electrical Inspector
▪ ICC Residential Plumbing Inspector
▪ ICC Commercial Building Inspector
▪ ICC Certified Building Official
▪ ICC Commercial Plumbing Inspector
▪ ICC Commercial ICC Combination Inspector
Building Inspector: Residential,
commercial, and industrial plan review,
inspections, and building code
requirements.

David Lackyard
Building Inspector
▪ ICC Combination Inspector Building Inspector: Residential, commercial, and industrial plan review,
inspections, and building code
requirements.

Team Organizational Chart
Subcontractors
No subcontractors will be employed for these services to the City. 645
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Proposed Method

BUILDING AND SAFETY SERVICES
Willdan’s experience and strength in building and safety encompasses the complete range of technical disciplines, including permit issuance, building inspection, grading inspection, accessibility inspection, CASp services, OSHPD III plan check and inspection, flood zone experience, building plan review, fire-life safety, building official services, code enforcement, and emergency safety assessment expertise. The inspection and plan review staff maintain current certifications and attend training on a regular basis, to stay current with industry technologies and standards. Specific certifications and education are delineated in staff résumés herein.

When it comes to serving the residents of the City of Palm Desert community, Willdan sees our role as that of facilitator and guide, helping the City’s customers in getting through the review, permitting, and inspection process, rather than leaving the applicant in a bind in obtaining or signing off permits, while ensuring development complies with building codes and City standards. We understand that the process of complying with the various codes, standards, regulations and laws can be a formidable and daunting undertaking—for even the most seasoned design or construction professional. Furthermore, an understanding of the complexity associated with processing private development applications and the sometimes-competing interests is essential to exceptional customer service. Competing interests include, but are not limited to, creating a sense of place, achieving economic development objectives, ease of maintenance, and assuring the City will be as satisfied with the infrastructure on day one as 20 years from “day one.” Common sense decision making and technical analysis in interpreting the intent of regulatory guidelines are significant strengths Willdan staff brings to the City.

Our proven approach is based on years of experience and incorporates features enhancing the efficiency and quality of the following services:

Building and Safety Services
Building & Safety Inspection
Grading and Right-of-Way Inspection
Plan Check
Permit Technician
Construction Management
Code Enforcement
Building Official
Disaster Recovery Services
Development Permitting Process
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BUILDING PLAN REVIEW
All building plans will be examined for
compliance with the current adopted version
of the California Building Code, California
Residential Code, Green Building Standards
Code, California Mechanical Code, California Plumbing
Code, California Electrical Code, California Fire Code, California Historical Code, California Existing Building Code and the Accessibility, Noise and Energy Conservation
requirements as mandated by State Title 24, and all
additional applicable City Ordinances. Plan review for
Disabled Access Compliance will include a review of
precise grading plans.

All plan check will include compliance with code
requirements as well as an overview of the application package for other applicable requirements such as approvals from other local agencies and districts and coordination with other City departments. All plan review will comply with the City’s directives, codes and policies.

Plan check will include a review of any or all of the following design elements as determined by the City:
▪ Architectural
▪ Structural
▪ Plumbing
▪ Mechanical
▪ Fire/Life Safety
▪ Electrical
▪ Energy Conservation Regulations (Title 24)
▪ Disabled Access Regulations (CBC)
▪ Green Building Standards
▪ CASp
Willdan will provide two complete plan check letters which outline the documents reviewed, instructions to the applicant regarding the processing of documents, and a listing of plan check comments. The plan check comments will refer to appropriate sheets, details or calculation pages and the code section of concern. Comments shall specify the apparent code violation.

ELECTRONIC PLAN REVIEW
Willdan has long had the ability to provide plan review services electronically, at no additional cost to the City or applicants. The many advantages of our “tree-saving” electronic plan review process includes the elimination of the need for additional computer software or hardware–only an Internet connection is necessary. Electronic plan review services are provided at the request of the applicant or the agency we serve. Submittals are accepted in PDF format and reviewed in Bluebeam.

Willdan will review plans and has the ability to transmit the redlined plans back to the applicant or designer via the website, along with the plan review comment sheet.

This service allows for on-line collaboration between the City, designer and plans examiner to facilitate a complete understanding of plan review comments and can reduce shipping, printing and timelines for plan review processing for the applicant.

Our EPR portal also serves as an accurate log of all plans coming in and going out. City staff will have full access to the site and will have the ability to check status, review redlines, comments, etc. “We really appreciate Willdan’s timely
responses and professional advice to our
questions and concerns related to plan check
comments and general code issues. Willdan’s
professionalism and knowledge of the plan
check process was immensely helpful in
cutting cost and schedule. It has been really
great to work with Willdan and we hope we
will keep working with them for future
work.”
Inkon Kim, PhD, LEED AP
HPA, Inc.
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Should paper plans be submitted for review, Willdan will supply the City with plan bags and shipping labels as well as Willdan’s FedEx and GLS account numbers.

PLAN REVIEW SCHEDULE

TYPE OF PROJECT INITIAL PLAN CHECK SUBSEQUENT RECHECKS
Residential Plan Review 8 – 10 working days 5 working days Commercial Plan Review 10 – 15 working days 5 – 8 working days Expedited plan review will be provided at the City’s request and on a project basis.

A monthly report delineating an inventory of plan review will be provided to the City. Plan review comments will follow the City’s standardized plan checklist. Transmittals will be provided with each plan review.

BUILDING INSPECTION SERVICES
Our inspectors are ICC certified and fully experienced performing residential, commercial and industrial inspections for compliance with the approved plans and related documents. The inspections will be performed in accordance with the City’s adopted version of the California Building Code, California Residential Code, Green Building Standards Code, California Mechanical Code, California Plumbing Code, California Electrical Code, and the State and Federal regulations for Accessibility, Noise and Energy Conservation, California Fire Code and provisions of Title 19 and NFPA.

Inspection staff will be available to meet with City staff, builders, developers, and citizens to provide assistance and resolve any inspection issues that may arise. Inspectors shall attend and participate in required meetings with other City inspection and plan review staff, property owners, contractors and/or design professionals.

Inspectors will review the permit package to verify that the on-site condition is consistent with the appropriate records for square footage, setbacks, heights, and other requirements that may be applicable. Inspectors will comply with the City’s procedures for reporting inspection results, use City inspection correction forms, make appropriate entries onto the permit documents, and follow City procedures prior to finalizing a building permit.

Willdan will verify that all inspection records, including daily records of what was inspected which will be recorded on the job card, and permit copy entered into the City’s Building and Safety computer system.

We will employ such techniques as necessary to minimize delays to builders and provide helpful advice and counsel to builders, owners, engineers, and architects as to enhance the orderly flow of the construction process yet maintaining an effective level of enforcement. Inspectors shall ensure that any construction changes are documented and approved by appropriate City staff.

Our inspection staff are supplied with cell phones and laptops and/or iPads for email communication and document creation and record keeping. Inspections will be provided the next working day following a request made by 4:00pm the previous day.
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AS-NEEDED CASP SERVICES
Willdan can provide CASp certified inspectors to the City as required by California Civil Code, Division 1, Part 2.52, Section 55.53(d)1&2.

Our CASp certified inspectors will provide building and site evaluations for ADA and State Disabled Access requirements; provide evaluations and reporting for Applicable Construction Related Accessibility Standards; provide CASp Disability Access Certificates; provide expert witness and legal services support; and provide other services as required by the City. Our CASp certified inspector will be available within 24 hours of notification or sooner.

AS-NEEDED PERMIT TECHNICIAN SERVICES
Using the City’s permitting software system for plan check tracking, permit issuance and report generation, Willdan provides quick, efficient service at the counter. Our knowledgeable staff, who always understand that this may be the first time that a citizen is applying for a permit, have the ability to help all applicants, from the least knowledgeable applicant for a simple home remodel to experienced owners who have many years of development experience.

Our goal is to make sure that every applicant feels that we have answered their questions and met their needs. The designated permitting specialist will provide counter services during City Hall hours.

Our building counter services include but are not limited to:
▪ Customer support at the counter and over the phone
▪ Permit application review to ensure completeness and accuracy ▪ Fee calculation
▪ Building permit processing and issuance
▪ Public assistance in completing permit applications
▪ Verification that projects have obtained all necessary approvals prior to permit issuance ▪ Applicant notification when construction documents and/or permits are ready for pick-up or issuance
▪ Coordination and routing of construction documents to the appropriate City staff for plan review and approval
▪ Resolution of resident inquires and complaints
▪ Records maintenance, document preparation for storage and or imaging 649
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▪ Résumés
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668
April 26, 2024
City of Palm Desert
Attn: Jason Finley, Chief Building Official
73510 Fred Waring Drive
Palm Desert, CA 92260
Subject: Fee Proposal for Plan Review and Inspection Services – 2024-RFP-109 Willdan will provide plan review services for a percent of the plan check fee collected by the City or for all-inclusive hourly rates as shown below. Percent of fee plan review will be charged through three reviews including approval based on the City’s Fee Schedule. Subsequent reviews will be charged based on our hourly rate schedule. Expedited plan review will be billed at 1.35x of our rate. Over-time inspections will be billed at 1.5x of our rate. Mileage for inspections will be billed at the current IRS Standard Mileage Rate.

BUILDING PLAN REVIEW WILLDAN FEE
Valuation up to $999,999 70% of fees collected
Valuation of $1,000,000 - $4,999,999 65% of fees collected Valuation of $5,000,000 - $9,999,999 60% of fees collected Valuation of greater than $10,000,000 55% of fees collected

SERVICE PROVIDED HOURLY RATE
Plan Check Engineer/Architect $145
ICC Certified Plans Examiner $125
CASp Services $135
Sr. Building Inspector $115
Building Inspector $ 95

ADDITIONAL SERVICES AS NEEDED
Building Official $155
Fire Plans Examiner $135
Fire Inspector $115
Code Enforcement Officer $ 90
Sr. Permit Technician $ 85
Permit Technician $ 75
Rates will not increase through June 30, 2025. If the Agreement is extended beyond June 30, 2025, Willdan may reserve the right to increase rates once per year to the value between the 12-month % change of the Consumer Price Index for Riverside County area and five percent.

Respectfully submitted,

WILLDAN ENGINEERING
Patrick Johnson, PE, CBO
Director of Building and Safety
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CITY OF PALM DESERT

PROFESSIONAL SERVICES AGREEMENT

1. Parties and Date. This Agreement is made and entered into this 27th day of June 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 Bureau Veritas North America, a Corporation, with its principal place of business at 220 Technology Drive, Suite 100, Irvine, CA 92618 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Recitals.

2.1 Project.

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

Plan Review and Inspection Services – Development Services (hereinafter referred to as “the Project”).

2.2 Consultant.

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

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

3. Terms.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit “A-I” and attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.

3.1.2 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 the Agreement automatically for no more than two (2) additional one-year terms. The Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates.

The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this 671
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Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

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

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

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

The key personnel for performance of this Agreement are as follows: Trang Huynh, P.E., CBO, Regional Manager.

3.2.5 City's Representative. The City hereby designates Richard Cannone, AICP, Director of Development Services, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement.

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

3.2.6 Consultant's Representative. Consultant hereby designates Trang Huynh, P.E. CBO, Regional Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
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3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

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

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

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

Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party 673
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responsible for the delay, shall not entitle Consultant to any additional compensation.

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

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

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

3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

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

3.2.11 Insurance.

3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include 674
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contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Professional Liability (Errors & Omissions) Insurance.

Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives.
(E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
(1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part for any reason;
(2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies.
(5) Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(F) Fidelity Coverage. (RESERVED)
(G) Cyber Liability Insurance. (RESERVED)
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3.2.11.2 Other Provisions or Requirements.
(A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by
Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or selfinsurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(G) Enforcement of Contract Provisions (non estoppel).

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

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review.
(N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions 677
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be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.

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

Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies of this Section.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed three hundred thousand dollars ($300,000) in aggregate among firms awarded for on-call work per fiscal year without written approval of the City Council or City Manager, as applicable.

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

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

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "C" of this Agreement. 678
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3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

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

3.4 Labor Code Requirements.

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

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

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

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

3.6 General Provisions.

3.6.1 Termination of Agreement.

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

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

3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation.

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

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

Consultant: Bureau Veritas North America
220 Technology Drive, Suite 100, Irvine, CA 92618
ATT: Trang Huynh P.E., CBO
Regional Manager
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City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Richard Cannone, AICP
Director of Development Services
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

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

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

3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless 681
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Consultant and its officers, directors, agents, and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment, or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

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

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

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

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

3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 682
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3.6.5 [Reserved]

3.6.6 Indemnification.

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

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

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

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

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

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

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

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

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this Agreement.

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

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

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

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

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

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

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

3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT
AND BUREAU VERITAS NORTH AMERICA, INC.

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

CITY OF PALM DESERT
By:

L. Todd Hileman
City Manager
Attest:

By:

Anthony Mejia
City Clerk
Approved as to form:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney

BUREAU VERITAS NORTH AMERICA,
INC., A CORPORATION
By:

Its:

Vice President – West, Plan Check and
Inspection
Printed Name:

Craig Baptista, M.B.A.

By:

Its:

Vice President and Secretary
Printed Name:

Heather B. Bush, Esq.

QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
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EXHIBIT “A”

SCOPE OF SERVICES
Plan Review Services
All plans examination services will be performed by a licensed Civil or Structural Engineer and/or an ICC Certified or otherwise qualified Plans Examiner.

All plan reviews will include compliance with code requirements as well as an overview of the application package for other applicable requirements such as approvals from other local agencies and districts and coordination with other City departments. All plan review will comply with the City’s directives, codes and policies.

Plan check will include a review of any or all of the following design elements as determined by the City:

Architectural
Structural
Plumbing
Mechanical
Fire/Life Safety
Electrical
Energy Conservation Regulations (Title 24)
Disabled Access Regulations (CBC)
Green Building Standards
CASp
Building Inspection Services
All inspections will be performed in accordance with the City’s adopted version of the California Building Code, California Residential Code, Green Building Standards Code, California Mechanical Code, California Plumbing Code, California Electrical Code, and the State and Federal regulations for Accessibility, Noise and Energy Conservation, California Fire Code and provisions of Title 19 and NFPA.

Inspection staff will be available to meet with City staff, builders, developers, and citizens to provide assistance and resolve any inspection issues that may arise. Inspectors shall attend and participate in required meetings with other City inspection and plan review staff, property owners, contractors and/or design professionals.

Inspectors will review the permit package to verify that the on-site condition is consistent with the appropriate records for square footage, setbacks, heights, and other requirements that may be applicable. Inspectors will comply with the City’s procedures for reporting inspection results, use City inspection correction forms, make appropriate entries. 687
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EXHIBIT "B"

SCHEDULE OF SERVICES
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EXHIBIT "C"

COMPENSATION
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, CA
689
690
BUREAU VERITAS | 220 Technology Drive, Suite 100, Irvine, CA 92618 O 949.860.4800 | www.bvna.com
1 PROPOSAL FOR

CITY OF PALM DESERT

PLAN REVIEW AND INSPECTION SERVICES
Presented to April 26, 2024

CITY OF PALM DESERT
73510 Fred Waring Drive
Palm Desert, CA 92260
Jason Finley, Chief Building Official
E: [email protected]
P: (760) 776-6240
Cristal Ortega Management Analyst II
E: [email protected]
P: (760) 776-6327

CONTACT REGARDING THIS PROPOSAL
Craig Baptista, Vice President – West, Plan Check & Inspection Bureau Veritas North America, Inc.
220 Technology Drive, Suite 100,
Irvine, CA 92618
P: 916.514.4516 | C: 916.514.4516
E: [email protected]
Proposal No. 8447520 691
BUREAU VERITAS | 220 Technology Drive, Suite 100, Irvine, CA 92618 O 949.860.4800 | www.bvna.com
2 A. Cover Letter.......................................................................................................................................3 B. Experience and Technical Competence ......................................................................................6 C. Firm Staffing and Key Personnel.................................................................................................12 D. Proposed Method to Accomplish the Work ..............................................................................14

TABLE OF CONTENTS
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3 A. COVER LETTER
April 26, 2024
Jason Finley, Chief Building Offical
73510 Fred Waring Drive
Palm Desert, CA 92260
E: [email protected]
P: (760) 776-6240
RE: Proposal to Provide Plan Review and Inspection Services Dear Mr. Finley and Ms. Ortega,
Bureau Veritas North America, Inc. (BV) is poised with anticipation to forge a robust partnership with the esteemed City of Palm Desert. With a rich legacy deeply rooted in the vibrant history of the Coachella Valley, BV proudly carries a distinguished record of service that resonates across Palm Springs, La Quinta, Desert Hot Springs, and Palm Desert itself. Our journey through the desert landscape spans decades, marked by a relentless pursuit of excellence and a steadfast commitment to the communities we serve. BV’s footprint in the Coachella Valley is not merely a testament to our longevity but a testament to our enduring dedication to the region’s growth and prosperity.

As the Executive Board member of the Coachella Valley International Code Council (ICC) chapter, Trang Huynh, P.E., C.B.O., Regional Manager, embodies BV’s unwavering pledge to uphold the highest standards of building safety and regulatory compliance. Alongside Tom Harris, S.E., whose tenure surpasses a quarter-century, BV stands as a beacon of expertise, offering a boutique-style approach fortified by an extensive reservoir of resources. Our portfolio brims with accomplishments, having shepherded nearly 200 jurisdictions across California over the past four decades. From towering metropolises to quaint municipalities, BV’s signature blend of precision and proficiency has left an indelible mark on every community it touches.

The City of Palm Desert, nestled in the heart of Southern California’s low desert, pulsates with vitality and promise. As it charts a course towards unprecedented growth and development, BV emerges as the steadfast ally equipped to navigate its ascent.

Our suite of services, ranging from unparalleled building plan reviews to meticulous inspections, is tailored to complement the city’s evolving needs seamlessly.

At BV, we value collaboration that goes beyond mere transactions. We believe in cultivating synergies that spark innovation and mutual success, steering clear of conventional norms. With Trang Huynh, P.E., C.B.O., Regional Manager leading the way, backed by Armil Allahyarian, M.S., Business Operations Manager, BV is dedicated to excellence in every endeavor.

Craig Baptista, Vice President - West, Plan Check & Inspection, personifies BV’s unwavering resolve to deliver with integrity and accountability. His stewardship ensures that BV remains not just a service provider but a trusted confidant in the City of Palm Desert’s journey towards prosperity.

We look forward to the opportunity to discuss the City’s needs and to building a successful relationship to help support the community by augmenting your staff, maximizing efficiencies, promoting transparency in our work and exceeding your expectations.

Sincerely,
Craig Baptista, M.B.A.

Vice President - West, Plan Check & Inspection
Bureau Veritas North America, Inc.
220 Technology Drive, Suite 100,
Irvine, CA 92618
P: 916.514.4516 | C: 916.514.4516
E: [email protected]
Cristal Ortega Management Analyst II
73510 Fred Waring Drive
Palm Desert, CA 92260
E: [email protected]
P: (760) 776-6327
Armil Allahyarian, M.S.

Operations Manager/Project Manager
Bureau Veritas North America, Inc.
220 Technology Drive, Suite 100,
Irvine, CA 92618
P: 714.431.4137
E: [email protected]
Trang Huynh, P.E., C.B.O.

Regional Manager/Project Manager
Bureau Veritas North America, Inc.
220 Technology Drive, Suite 100,
Irvine, CA 92618
P: 714.487.4223
E: [email protected]
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BUREAU VERITAS | 220 Technology Drive, Suite 100, Irvine, CA 92618 O 949.860.4800 | www.bvna.com
4 A. COVER LETTER
Executive Summary
BV is highly qualified to continue to support the needs of the City of Palm Desert and its nearly 50,000residents and 32,000 seasonal residents. BV is dedicated to meeting all of the requirements of the RFP by providing experienced, expert staff who will deliver timely, convenient and responsive Plan Review and Inspection Services. No subconsultants will be needed to provide the requested services.

In response to the City of Palm Desert’s need for comprehensive plan review, inspection, and permit technician services, Bureau Veritas (BV) presents a tailored approach that aligns with the city’s unique requirements.

Palm Desert, a vibrant community in California’s Riverside County, seeks a partner capable of delivering exceptional services to support its building and safety division. BV recognizes the city’s commitment to top-notch education, safe streets, and a rich community life, and is poised to contribute to its continued success.

BV brings to the table a rich heritage spanning 196 years, with a global footprint and a workforce exceeding 82,000 employees.

Accredited by major national and international organizations, BV boasts unparalleled resources to address Palm Desert’s diverse needs. Our team, backed by decades of experience, stands ready to tackle all aspects of plan review, inspection, and permit technician services. With a longstanding presence in California and a robust track record, BV is committed to surpassing the city’s expectations and delivering the highest caliber of service.

We understand the importance of clear communication, transparent processes, and collaborative teamwork. BV’s proposed program outlines a meticulous approach to ensure compliance with Palm Desert’s building codes, ordinances, and standards, while also offering value-added services such as virtual inspections.

Our profound understanding of Palm Desert’s needs, coupled with our unwavering focus on customer service, positions BV as the optimal choice to fulfill the city’s ongoing requirements. Whether enhancing existing departments or establishing new ones, BV is committed to meeting Palm Desert’s unique needs and exceeding its expectations.

Service offerings include:
• Building Plan Review
• Building Inspections
• Fire Plan Review
• Construction Management & Inspection
• Engineering Reviews
• Permitting
• Planning
• Code Interpretation
• Code Enforcement
• Code Adoption and Ordinance Preparation
• Planning and Zoning Meeting Attendance
• City Council Meeting Attendance
• Building Official Duties
• Permit Tracking and Record Keeping
• Budget and Staffing Planning
• Pre-Design and Pre-Construction Meetings
• Fee Schedule Evaluation and Updates
BV will consistently provide excellent customer service and qualified staff for all project types.
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5 A. COVER LETTER

COMPETENCE THROUGH CERTIFICATION -

INTERNATIONAL CODE COUNCIL
Building safety depends on more than codes and standards.

Service levels of the highest quality during the provision of these services result from providing trained professionals with the resources and ongoing support necessary to stay current with the latest advancements in the building safety field. ICC certification ensures competent building and fire safety individuals are involved in the critical building approval process. It also helps to continue attracting an increasing level of competence and professionalism into the building code community. The ICC certification represents the BV team’s commitment to providing professional and qualified plan review and inspection staff to the firm’s clients.

OUR COMMITMENT
Bureau Vertias’ management team is dedicated to serving the City of Palm Desert and providing the resources necessary to ensure successful Plan Review and Inspection Services. The firm’s management team will directly oversee the review of submittal documents, bulletins, and change orders to assess compliance with the regulations contained in the various building codes, and recommend action with respect to the building permit. The firm’s Sacramento office will be responsible for the implementation of this contract and the partnership with the City of Palm Desert will be managed from this office and augmented by local staff located throughout California. This will enable quick and efficient responses in order to provide the customers of the City with the highest standard of customer service.

FIRM’S FINANCIAL CONDITION AND STANDING
Over the last five years, Bureau Veritas has demonstrated proven resilience to the effects of economic cycles. The Group continues to post positive organic growth while improving its operating margin thanks to its diversified and balanced business portfolio. Our financial reports can be found here:
https://group.bureauveritas.com/investorsfinancialinformation/ financial-reports. Bureau Veritas is in good standing and fully qualified to conduct business in California, with no pending litigation in the state. • Unparalleled Building Safety Code Consulting Expertise • Best Practices and State-of-the-Art Processes to
Consistently Meet Turnaround Schedules
• Project Management and Staff Augmentation
Expertise
• We Put the Right People to Work for You
• Collaborative and Solution Oriented Philosophy
and Culture
WHY
CHOOSE US?
• Proven Track Record Nationally (500+ Agencies)
• Civil, Building, Safety and Fire Life Safety Consulting to Agencies throughout the United States
• Municipal Management and Staff Augmentation
Expertise
• Key Staff That Have Helped Establish and Implement
the Latest Codes
• No private sector work = No conflict of interest

UNPARALLELED

EXPERTISE
• First U.S. Firm to Achieve IAS Certification for Third Party Accreditation (Plano, TX)
• Comprehensive, Formalized Plan Check Procedures
• Award-Winning Web-Based Project Tracking
and Controls
• Electronic Plan Check to Save Time, Money and Paper
– A GREEN solution
• 99% Success Rate in Meeting Review
Turnaround Schedules

BEST PRACTICES AND

STATE-OF-THE-ART PROCESSES
• 200+ Offices Throughout the United States with
multiple on the throughout California to optimize
service delivery
• Registered Engineers and ICC-Certified Staff
Dedicated to Code Compliance with Extensive Plan
Check Expertise and Experience
• USGBC LEED review certifying body

DEPTH OF RESOURCES & PROXIMITY

TO MEET PEAK WORKLOADS
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BUREAU VERITAS | 220 Technology Drive, Suite 100, Irvine, CA 92618 O 949.860.4800 | www.bvna.com
6 B. EXPERIENCE AND TECHNICAL COMPETENCE

1. FIRM BACKGROUND
Bureau Veritas is a multinational corporation with a history which includes over 196 years of providing worldwide regulatory compliance service to industry and governmental agencies.

Founded in 1828, Bureau Veritas is a global leader in quality assurance, health, safety, and environmental (QHSE) solutions.

Recognized and accredited by the largest national and
international organizations and with over 82,000 employees, the firm has unparalleled resources to manage projects requiring a broad range of expertise across vast geographies. With operations in 140 countries and all continents, Bureau Veritas draws on the synergies between its local teams and dedicated technical centers throughout the world. Our firm is consistent in our approach in giving clients a close-knit presence found in smaller firms while possessing the support of a national firm.

Within the United States, Bureau Veritas North America, Inc., incorporated in the state of Delaware, is recognized as being the largest code compliance firm in the nation with over 4,000 employees working out of 100+ offices. Many of the firm’s staff have been public agency employees or augmented public
agency personnel who know and understand government
processes. Consequently BV is ready to step in immediately to provide Palm Desert one integrated source to meet its needs.

Service offerings (but not limited to) include:
• Building Official Duties • Planning and Zoning
• Building Plan Review Meeting Attendance
• Building Inspections • City Council Meeting
• Fire Plan Review Attendance
• Construction Management • Building Official Duties
& Inspection • Permit Tracking and
• Engineering Reviews Record Keeping
• Engineering Reviews • Budget and Staffing
• Permitting Planning
• Planning • Pre-Design and Pre-
• Code Interpretation Construction Meetings
• Code Enforcement • Fee Schedule Evaluation
• Code Adoption and and Updates
Ordinance Preparation

EXPERTISE
Bureau Veritas (BV) brings a wealth of relevant experience to address the specific needs of Palm Desert’s new developments.

Our track record includes comprehensive support for various projects, mirroring the diverse landscape of Palm Desert’s upcoming ventures. Drawing from our recent engagements, BV has provided on-call plan review, building inspections, and geotechnical services for Riverside County since 2019. Projects encompass a wide range, from single-family residential to multi-family developments, commercial tenant improvements, and more. In addition, our team has been actively involved in public works plan review services, fire plan review services, and building plan review and inspection services for both residential and commercial properties, ensuringcompliance with the most recent codes and ordinances. Select projects, such as the Monster Energy Tenant Improvement and the Main Street Metro Urban Development in Corona, demonstrate our capacity to handle diverse and complex developments effectively. a commitment to delivering cost-effective solutions tailored to meet the evolving needs of educational institutions.

Moreover, BV’s partnership with the City of Monrovia since 2020 further highlights our commitment to providing tailored solutions.

Projects like the Alexan Monrovia Apartments and the Raising Canes Restaurant showcase our ability to deliver full building plan review services for large-scale developments.
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7 B. EXPERIENCE AND TECHNICAL COMPETENCE

CITY OF PALM SPRINGS

ON-CALL BUILDING PLAN CHECK SERVICES

AND INSPECTIONS

SCOPE OF WORK
BV was selected to provide on-call plan check
services for various commercial and residential
projects in the City of Palm Springs. Plan review
services include structural, architectural, mechanical, electrical, plumbing, green, energy, and accessibility.

BV has also performed inspections as-needed to support the City’s needs.

CLIENT SPOTLIGHT
Dates of Service: 2020 - Ongoing
Client Contact Information:

Taja Sims, Plans Examiner Supervisor
P: 760.323.8242, ext. 8713
E: [email protected]
A:3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262

CITY OF LA QUINTA

ON-CALL BUILDING PLAN REVIEW SERVICES

AND INSPECTIONS

SCOPE OF WORK
BV was selected to provide building plan review and
inspection services. Building plan reviews include
plumbing, energy, and accessibility plans; Grading
plans including precise grading plans; Structural
calculations and reports; Energy reports and forms;
Cal Green plans and reports including commissioning reports; Soils reports including geotechnical updates; Building construction product testing reports.

CLIENT SPOTLIGHT
Dates of Service: 2023 - Ongoing
Client Contact Information:

AJ Ortega, Buiding Official
P: 760.777.7018
E: [email protected]
A:78-495 Calle Tampico
La Quinta, CA 92253
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8 B. EXPERIENCE AND TECHNICAL COMPETENCE
Dates of Service: 2019 - Present
Client Contact Information:

Jorge Caballero, P.E., C.B.O., CFM
P: 951.955.3918
E: [email protected]
A: 4080 Lemon Street
Riverside, CA 92501

2. REFERENCES
BV has extensive experience in the provision of plan review and inspection services throughout California and across the United States. The most important selection criteria for clients who choose BV is expertise. The firm’s greatest asset is its reputation—a reputation comes from the best experts in the industry, all acting with the utmost integrity and ethics. The following are highlights of experience from similar projects performed in the last few years.

COUNTY OF RIVERSIDE, CA

ON-CALL PLANS EXAMINER, BUILDING INSPECTOR, COUNTER TECHNICIAN AND

GEOTECHNICAL SERVICES

SCOPE OF WORK
BV was selected to provide for Riverside County on-call plan review, building inspections, counter technician and geotechnical services. Projects include single family residential, multi family residential, commercial tenant improvements, new commercial, additions, and others.

THREE MOST RECENT PROJECTS:
• Meteme Barrel Winery (Temecula)- New Winery, Production storage, restaurant, bar, lounge, and Inn (19,701 SF)
• America’s Tire (Lake Elsinore) - New automotive facility, sales and tire service (10,384 SF) • St. Jeanne De Lestonnac School (Temecula) - New educational facility for St. Jeanne de Lestonnac catholic high school to include administration, classrooms, science labs, art spaces, culinary arts, media production, campus ministries and a chapel. (30,288 SF) ADDITIONAL PROJECTS INCLUDE:
• Seaton Ave & Perry Street Spec Warehouse - Concrete Tilt-up and office (51,962 SF) • Oleander Business Park - Building A - Warehouse and Office (Industrial) (348,375 SF) • Duke Harvill & Rider - Warehouse with Office Space (338,304 SF) • Project Logos (Perris, CA) - Convenience Store/Fast Food Store/Gas Station (6,381 and 6,285 SF)

CLIENT SPOTLIGHT
BUREAU VERITAS | 220 Technology Drive, Suite 100, Irvine, CA 92618 O 949.860.4800 | www.bvna.com
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BUREAU VERITAS | 220 Technology Drive, Suite 100, Irvine, CA 92618 O 949.860.4800 | www.bvna.com
9 B. EXPERIENCE AND TECHNICAL COMPETENCE

CITY OF CORONA, CA

PLAN REVIEW, PERMIT PROCESSING

AND INSPECTION SERVICES

SCOPE OF WORK
BVNA is currently providing public works plan review services (projects include, but are not limited to, retaining walls, sound walls, grading, drainage, and stormwater), fire plan review services, and building plan review, inspection, and counter technician services for residential and commercial properties. Also provide on-site extension of staff as necessary, including a registered civil engineer.

SELECT PROJECTS INCLUDE:

Monster Energy Tenant Improvement
BVNA is currently providing M/E/P and fire plan review services for Monster Energy Company Headquarters.

The tenant improvements consist of a 5,848 square foot addition for a secondary gym and ADA restroom as well as a 768 square foot addition for storage space.

Main Street Metro Urban Development (2013-2014)
BVNA provides building plan review services for this new development in the City of Corona. This is a new mixed-use development that will bring 464 new one and two bedroom apartments, 77,000 sf of retail and restaurants, 683-1,280sf homes, two pools and spas, a dog park, and a sky deck with barbecue and bar area. Additionally, our team reviewed parking structures A, B, and C for this project. Parking structure A is a five tier open parking garage spanning 112,740 square feet.

Parking structure B is a four tier open parking garage consisting of 109,543 square feet of parking space and 8,997 square feet of assembly use on the top. Parking structure C is a five tier parking garage that includes 169,714 square feet of parking space.

CLIENT SPOTLIGHT
Dates of Service: 2010 - Present
Client Contact Information:

Chris Milosevic, Building Official
P: 951.736.2250
E: [email protected]
A: 400 S. Vicentia Avenue
Corona, CA 92882
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10 B. EXPERIENCE AND TECHNICAL COMPETENCE

CITY OF MONROVIA, CA

PLAN REVIEW, INSPECTIONS

AND CONSULTING SERVICES

SCOPE OF WORK
BV was selected to provide on-call plan review, inspection and consulting services to the City of Monrovia since 2020. BV reviews plans, calculations, reports and specifications for compliance with the most recently adopted Federal, State and City codes and ordinances. The firms also performs building, combination and other trade inspections on an as-needed, assigned, or regular basis on residential, commercial, industrial, and large multi-family/mixed use projects, and performs permit counter work as needed to enforce compliance with the conditions of approval, provisions of the City’s building laws and code requirements set forth on the approved plans for which the City issued inspections and permit technicians are available within 24 notice.

SELECT PROJECTS INCLUDE:

Alexan Monrovia Apartments
BV was selected to provide full building plan review services as a consultant for the construction of a new 436-unit, five-story apartment complex and an eight-level (seven stories) parking structure containing 798 spaces. The project site requires the consolidation of eight separate parcels into one 6.77 acre project site. The new development will be located within a 9.6-acre city block where the land use zoning designation changed from “Manufacturing” to Planned Development Area - 27 (PD-27).

The new PD-27 designation provides additional opportunities for transit-oriented residential development due to its location near the Monrovia Gold Line station. The PD-27 area is bounded by West Evergreen Avenue to the north, the Metro Gold Line tracks to the south, South Magnolia Avenue to the east, and South Mayflower Avenue to the west.

Raising Canes Restaurant
BV was selected to provide plan review for the ground up construction of a new restaurant with attached corral and outdoor patio cover area. Included in this work are the following: drive-thru window canopies, menu board footings and canopy, outdoor patio cover, trash enclosure, light pole footings, drive-thru equipment footing, landscape and irrigation, and hardscape.

CLIENT SPOTLIGHT
Dates of Service: 2020 - Present
Client Contact Information:

Greg Boyajian, C.B.O.

Building Official
P: 626.932.5532
E: [email protected]
A: 415 South Ivy Avenue
Monrovia, CA 91016
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11 B. EXPERIENCE AND TECHNICAL COMPETENCE

CITY OF FONTANA, CA

PLAN REVIEW AND INSPECTION SERVICES

SCOPE OF WORK
BV was selected to provide structural, mechanical, electrical, plumbing, architectural and CASp plan review as well as grading plan check.

SELECT PROJECTS INCLUDE:

Vasari at Ventana Apartment Community
BV provided plan review for eight 3-story apartment buildings for 236 units and 2 amenity buildings for a 212,649 SF construction.

The Summit At Rosena
BV is currently providing structural, M/E/P and CASp plan review services for the community center of this proposed 179.8 acre community. Plans reviewed include a community swimming pool and spa in addition to the
equipment room plumbing fixtures
Fontana Mazda
BV provided fire, M/E/P,
architectural and structural plan
review services for the new car
dealership. The building consisted
of 28,668 square feet for sales and
administration offices as well as a
parts and service center.

CLIENT SPOTLIGHT
Dates of Service: 2003 - Present
Client Contact Information:

Jeff Baughman, Building Official
P: 909.350.7616
E: [email protected]
A: 8353 Sierra Avenue
Fontana, CA 92335
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12 C. FIRM STAFFING AND KEY PERSONNEL

1. STAFFING
BV has assembled a team of experts who are equipped to deliver exemplary services associated with the provision City of Palm Desert’s RFP for Plan Review and Inspection Service - Development Services. Each individual brings a wealth of expertise and has been specifically chosen for their experience in performing the required scope of work detailed in the request, as well as their certifications and licenses. The organizational chart below depicts lines of communication and areas of work for each professional. Additionally, resumes for primary team members highlighted in red have been uploaded separately in the submission. Resumes for additional personnel are available upon request.

Management
Craig Baptista, M.B.A.

Vice President - West, Plan Check & Inspection / Contract Liaison Trang Huynh, P.E., C.B.O.

Regional Manager
Armil Allahyarian, M.S.

Operations Manager / Project Manager
Project Team
Plan Review Engineers
Henry Hadidi, S.E., Ph.D.

Robert Chang, P.E., C.B.O.

Tom Harris, S.E.

Sunai Kim, S.E., Ph.D.

Michael Hill, S.E.

Syed Aleem, P.E.

Bachar Koujah, P.E., C.A.Sp.

Lisa M. Beaver, P.E., C.F.M., C.B.O.

Plans Examiners
Joe Medina
Martin Pasamba
Matthew Torosian
Dwayne Butz
Jecsan Perez
Building Inspectors
Luis Mota
Louis Vaith
Kirk Zimmerman
Dwayne Butz
Andres Kortright
Reginald Ramirez
Francisco Villalva
Permit Technicians
Jeremy Huynh
Armalen Geurkink
Pam Wilkerson
Neda Vakili
Certified Access Specialists
Jason Pasiut, C.A.Sp.

Tim Tran, M.C.P., C.B.O., C.A.Sp.

Bachar Koujah, P.E., C.A.Sp.

PUTTING THE RIGHT PEOPLE TO WORK

FOR YOU
As the largest plan review firm in the
United States, we have a large breadth
of personnel available and immediately
accessible to provide the City. Located
throughout California, we have more than
100 licensed and certified engineers, plans
examiners, as well as CASp Certified staff
who are equipped to handle the City’s
needs. Our local presence allows us to
provide timely delivery and exceptional
customer service in the most cost-effective
manner. Our longtime presence in California allow us to tailor solutions specifically to the City’s request. We bring a cooperative and creative problem solving approach to plan review. We fully understand our role as a team member committed to
achieving successful projects for the City
and its customers. BV is committed to the
provision of services of the very highest
quality. This means the firm has the capacity to seamlessly augment its staffing and resources, if needed, to ensure a project
is appropriately supported and effectively
fulfilled.

BV will always strive to deliver excellent
service and work hard to exceed the City’s
expectations regarding all agreed upon
services. We will provide the City with
services with the objective of verifying
compliance with the City’s adopted codes,
zoning ordinances, drainage regulations
and other adopted ordinances, policies
and standards, as well as other relevant
program standards and requirements.
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13 C. FIRM STAFFING AND KEY PERSONNEL

2. KEY PERSONNEL
BV has dedicated to the City of Palm Desert a strong and seasoned Project Manager, Trang Huynh, P.E., C.B.O.,
Regional Manager, with more than 41 years of experience managing plan review projects and building departments.

In addition, Armil Allahyarian, M.S., Business Operations Manager, is a strong leader dedicated to your needs. Trang and Armil, along with our entire building and safety staff, will work to ensure that all deadlines and objectives are achieved.

TRANG HUYNH, P.E., C.B.O.,
Regional Manager
Leading our Southern California
region is Trang Huynh, an industry professional with more than 40 years of experience working
in public and private services in
the capacity of executive director
and plan review engineer. Trang
has implemented public service
programs and gained exceptional understanding and expertise in building and safety, community and economic development, public relations, redevelopment, financial and budget management, employee and organizational development, interfacing with state and local officials at all levels.

ARMIL ALLAHYARIAN, M.S.,
Project Manager / Operations
Manager
Managing our Irvine office
business unit, Armil is a resultsoriented leader and plan check engineer, responsible for plan
review ranging from new
residential homes, including
additions and remodels, to
commercial buildings, including
tenant improvements and alterations. Armil ensures that plans are reviewed to meet desired turnaround times in compliance with applicable California Building Codes and other ancillary codes such as the California Plumbing Code, California Mechanical Code, California Electric Code and State disabled access related codes.

3. TEAM ORGANIZATION
Our team’s experience and ability to clearly communicate technical concepts and terminology with the community, architects, engineers and applicants is fostered through collaboration. Our staff utilizes a series of proven technologies to streamline service delivery, enhance communication, and promote transparency. BV also has its own comprehensive, web-based project management system that delivers secure access 24/7 to project data, generates e-mail updates, and digitizes the entire plan review, map review, and inspection process. We also use electronic plan review, where reviews and comments are accessible in real time via the web. These tools encourage collaboration, enhance expedited requests, save money and time, reduce waste and storage space, build consensus, and promote project transparency.

Each team member of the technical team is selected according to the depth and appropriateness of experience as they relate to the specific technical tasks called for by the project. Substitution of project manager and/or lead personnel will not be permitted without prior written approval of the City. To ensure that the work assignment is being performed at the highest professional level, BV relies on the management and technical excellence of its personnel and a proven QA/QC program. This assures the quality of all the work performed under this contract meets client approval. BV has developed and implements corporate QA policies, consistent with all applicable federal and state regulatory requirements and standards, covering all aspects of project performance, technical quality, and peer review. These policies are implemented at each professional and technical level to provide a well-balanced, independent QA program, which assures the quality of reports, technical reviews, annuals and other documentation prepared by BV. This ensures that the product is consistent with the established standards from the standpoint of quality, validity, and legal defensibility.

At BV, we all share the responsibility for continual improvement of our quality management process and believe that our program, supported by our BV business model and our code of ethics, will ensure the continual delivery of high quality products and services to City. Like the City of Palm Desert, BV believes in community health and wellness. We will establish BV as a City of Palm Desert preferred supplier in conformity assessment and certification services in the fields of quality assurance, health and safety, environment, and social responsibility (QHSE). Our quality management system provides the framework for continualimprovement of our internal management processes and resources which will in turn add value for City through the services offered and delivered. In addition, our quality management system gives the company and
City.

4. SUBCONTRACTORS
BV will not use subcontractos to provide the requested services. 703
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14 D. PROPOSED METHOD TO ACCOMPLISH THE WORK

UNDERSTANDING OF THE INTENT OF THE RFP AND OF THE
CITY’S EXPECTATIONS
Bureau Veritas North America, Inc. understands the scope of work requested in the City of Palm Desert’s RFP and is prepared to allocate the necessary resources to deliver exemplary services associated with the provision of Plan Review and Inspection Services.

SCOPE OF SERVICES
BV has the capacity to provide the following permitting and plan review services to the City of Palm Desert:
• Architectural plans examination
• Structural plans examination
• OSHPD and Commercial Modular (“Commercial Coach”)
Site and Foundation reviews
• Mechanical, electrical, and plumbing code plans examination • Review and approval of alternate materials, alternative design and methods of construction • Energy code plans examination
• Accessibility requirements including:
» Barrier free plans examination requirements
» Disabled access
» CASp
» ADA
• Green Building and LEED consulting including:
» LEED submittal consultation
» Green building consulting including CAL Green
» ENERGY STAR verification
» Energy efficiency audits
• Solar
• Civil plans examination including:
» Soils, grading and drainage
» NPDES/SWPPP
» Development
» Infrastructure
» Water and wastewater
» Sewer
• Fire, life & safety plan reviews including:
» Fire sprinkler/fire alarm
» Smoke detection and dampers
» Underground fire systems
Architectural Review
BV blends the knowledge of local conditions with a large pool of California licensed or certified building safety experts equipped to handle all building department needs. The firm is able to tailor its solutions specific to the City as a result of having provided plan review, inspection services, specialty reviews, and municipal administrative support for over 49 years.

Structural Review
BV is uniquely qualified and experienced in structural review and inspection. The firm has plan review and inspection personnel which have specialized experience with multi-family residential, hotels, resorts, retail, commercial, industrial, high-tech facilities, etc. BV has several experienced structural engineers on staff who are immediately available to tackle the City’s most complex projects. BV can provide a complete structural review of design drawings, details, and calculations for both vertical loads and lateral seismic and wind forces, in accordance with the California Building Code structural provisions.

Mechanical Review
The California Building Code is supported by ancillary codes such as the California Mechanical Code and any others specifically designated and adopted by the City. BV’s staff includes licensed and certified mechanical engineers and inspectors who have the knowledge, training, and experience necessary to review plans for compliance with these codes. Firm staff, who are available immediately to the City, have reviewed heating, cooling, distribution and return air systems, hoods, and product conveyance system plans for a variety of projects including single family residential, multi-family residential, custom homes, resorts, and hotels.

Electrical Review
Electrical review and inspection to verify energy compliance is included in all projects in accordance with mandates from the applicable energy standards for non-res dential construction.

The firm has licensed and certified electrical engineers a nd inspectors with extensive plan review and inspection experience which have reviewed service installation, transformers, emergency power, panel distribution, single line diagrams, power, and lighting system plans for single family residential, multi family residential, custom homes, resorts, and hotels.

Plumbing Review
The California Building Code is supported by ancillary codes such as the California Plumbing Code and any others specifically designated and adopted by the City. BV’s staff has the knowledge, training, and experience necessary to review plans and inspect construction for compliance with these codes. The firm has licensed and certified mechanical engineers on staff to assist with plumbing reviews when needed. Firm staff have reviewed fuel gas, medical gas, potable and non-potable water piping and waste piping systems, and rainwater system plans for single family residential, multi family residential, custom homes, resorts, and hotels.

CASp / Disabled Access Review
BV has CASp certified individuals who are able to respond to the needs of the City quickly. The firm currently provides CASp certified individuals to jurisdictions throughout California to meet the requirements of SB 1608. Additionally, the team includes ICC Certified accessibility plans examiners and inspectors who routinely conduct accessibility reviews of projects throughout the state from minor restroom upgrades to significant ADA compliance improvements. 704
BUREAU VERITAS | 220 Technology Drive, Suite 100, Irvine, CA 92618 O 949.860.4800 | www.bvna.com
15 D. PROPOSED METHOD TO ACCOMPLISH THE WORK
Green Building Review
BV has plan review engineers, plans examiners, and inspectors who are well versed and experienced with energy code compliance. Firm staff have been involved at various levels of energy code development in California and are certified to review and inspect for energy codes. BV staff have reviewed plans, and inspected projects, which incorporate new technology, and complex energy code compliance. The firm has staff available to the City who are CAL Green Certified.

Civil Engineering Review (Optional)
BV’s professional staff will familiarize themselves with all city, state, and federal requirements applicable to the project before beginning a review. Requirements for civil infrastructure originate from multiple sources including statutory requirements, local ordinances and design guidelines, federal requirements including ADA and NPDES, state requirements, and the requirements of any affected utilities, districts, or agencies. • Architectural, fire and life safety plans examination • Mechanical, plumbing, and electrical code plans examination applicable to fire construction and requirements • Review and approval of alternative materials/ alternative design methods of construction
• Fire plan reviews for the City’s entitlement and development process BV will Conduct initial plan review and all subsequent reviews by a Certified Plans Examiner for design integrity and code compliance with the adopted edition of the applicable California Building Codes, Part 1 through 12, Standards, State Housing Laws Title-25, local ordinances and appendices adopted by the City within time frames specified by the City.

Fire Plan Review (Optional)
Our staff will consult closely with the Fire Chief/Fire Marshal or this person’s designated representative on any areas which require code interpretation or where alternate methods are being proposed and considered. Our proposed fire plan review engineers have specific experience working within multiple types of facilities to ensure compliance with applicable codes, standards, and amendments, including CFC, CBC, the Adopted National Fire Protection Standards, the California Health & Safety Codes, CSFM, and U.L. Our experience includes written comments and verbal communication with applicants to better understand requirements and provide direction for compliance, as well as close communication with fire departments to clarify policies, code interpretations, plan review status, and procedures. BV staff have reviewed hundreds of projects for fire safety components, including NFPA 13, NFPA 72, and NFPA 101, among others. Example projects in which our reviewers have worked include The Village at Bella Terra in Huntington Beach, Lifetime Fitness in Roseville, and Sysco Food Services Expansion in Sutter County. All personnel assigned to your project will have the necessary materials, resources, and training available to conduct plan reviews, including copies of applicable local amendments, policies, procedures, and forms. BV’s fire plan reviews include, but are not limited to, the following:
• Fire sprinkler systems with hydraulic calculations
• Fire alarm systems, including pre-recorded voice evacuation systems • Flow and Tamper Alarm Systems
• Smoke detection and dampers
• Fire pumps
• Standpipe systems
• New Building Plans
• Tenant Improvements
• Underground water systemsfor fire suppression systems Electronic Plan Reviewing
BV provides an alternative solution to traditional plan checking. By utilizing electronic plan submittal and commenting, our plan reviewers can quickly and accurately review plans for compliance with applicable codes; this allows for economical movement of plans and quick turnaround, eliminating shipping time and costs. In this way, electronic plans with comments can be viewed and discussed with tenant, designer, and plans examiner as needed to resolve issues quickly and efficiently. The proposed personnel have extensive experience using many commonly used platforms such as Accela, CityTech, ProjectDox, Bluebeam, Central Square, and Cityworks.

As part of this process, plans are first submitted as PDF files via a secure and confidential FTP site in which the client also has access. Our staff then reviews these plans and places comments and redlines directly on the plans, corresponding to areas needing revisions. Next, redlined plans with comments are forwarded to, or placed on, the secure FTP site for the designers, engineers, and architects. Plans can then be revised and resubmitted via the same method described. Once all items are resolved, hard copy plans are sent to BV for approval stamps and signatures. Finally, these stamped and signed approved drawings are sent to the jurisdiction for permitting.

Benefits of Electronic Plan Review to the City
• A paperless solution – available anytime, anywhere
• A web-based tool accessible by customers, applicants and employes
• Improved project management and communication
• Delivers online reports and other data as required by the project
• Simplifies administrative procedures and streamlines communications • No expensive hardware / software requirements or extensive training Plan Review Turnaround Times
BV acknowledges the City’s maximum turnaround times and shall meet or exceed the City’s requirements. BV provides plan review activities on a fast-track basis to reduce the impact on project contraction schedules. Turnaround times for each submittal relate to the size and nature of the submittal and impact 705
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16 D. PROPOSED METHOD TO ACCOMPLISH THE WORK
on the project construction schedule. To reduce turn around times for plan check, the firm uses electronic submittals, phased submittals, conference calling, video-conferencing, and visits by plan check staff to design offices of the engineer or architect.

Plan Check Turnaround Times
BV acknowledges the City’s maximum turnaround times and shall meet or exceed the City’s requirements. BV provides plan review activities on a fast-track basis to reduce the impact on project contraction schedules. Turnaround times for each submittal relate to the size and nature of the submittal and impact on the project construction schedule. To reduce turn around times for plan check, the firm uses electronic submittals, phased submittals, conference calling, video-conferencing, and visits by plan check staff to design offices of the engineer or architect.

Transmittal of Plans and Correction Lists
BV assumes responsibility for the pickup and return of plans. All plans shall be picked up from the City offices within 24 hours of notification. Should the volume of work be sufficient, we propose to establish regular pick up of plans on a consistent basis. We will also utilize shipping courier, at no additional cost to the City.

Upon completion of each plan review, we will forward a copy of the correction list to both the City and the applicant, by email.

When corrected plans are resubmitted, the previous procedure will be followed or the applicant may schedule an office visit to go over any corrections in person. When plans are completed they are stamped, signed and forwarded by BV personnel. Our transmittal forms will be customized for the City of Palm Desert.

BUILDING INSPECTION SERVICES OVERVIEW
BV inspectors are ICC certified and have extensive experience in the construction trades as well. Fast track projects may be built into small phases based on incremental design and fabrication steps. In such cases, the firm’s inspection team keeps daily logs to track corrections and plan review changes.

BV’s inspection teams also have the capacity to provide on-call building inspection services to cover staff vacation time, peak work loads, specialized inspection activities, and any other situations which may arise. These activities may include nextday inspections and same-day response to important or urgent requests. BV’s building inspection services can be adjusted to provide a high level of coordination specifically suited to the design-build concept.
• Building codes, zoning ordinances, energy conservation, and disabled access requirements including known local, city, state, and federal requirements.
• Review plans for building construction, plumbing, electrical, and mechanical details prior to making inspection.
• Bring to the attention of the City for approval of certain changes in building, plumbing, mechanical, electrical, and related work consistent with code and ordinance requirements. • Participate in reviews with fire, health, and other government agency inspectors & owners. • Maintain a record of non-complying items and follow up to resolution of such items.
• Upon request, the firm will inspect existing buildings for substandard, unsafe conditions.

Virtual Inspections
BV is able to conduct virtual, no-contact field inspections in an effort to continue progress at as many active jobsites as possible for both new and existing clients. Using interactive technology, our building inspector will participate in a live session with the contractor to perform the inspection(s) remotely through the use of a mobile device. Our goal is to allow construction to progress while maintaining a safe environment for all involved through social separation.

The firm strongly believes in the long term value of these digital platforms and in their potential to change how inspection services are executed. The circumstances faced by society will be a catalyst to help drive the adoption of this new service, but once the ease of use and value creation is experienced first-hand BV believes it will become a standard component of inspection programs.

BV’s remote inspection services ensure the firm can keep its employees and City staff safe by reducing direct contact, adhering to social distancing best practices and keep critical tasks moving forward with diminished need for in-person contact.

PERMIT PROCESSING AND PERMIT TECHNICIAN SERVICES

OVERVIEW
BV is available to work and build positive relationships with the City’s staff to seamlessly staff the public counter, issue counter permits, answer plan review or inspection questions, and assist the public with a high level of customer service. BV will provide the City with ICC certified Permit Technicians and services may include, but are not limited to, the following:
• Review permit applications for completeness
• Accept, login, and route plans
• Calculate and/or collect fees
• Issue permits
• When authorized, review and issue counter permits
• Maintain permit records
• Use jurisdiction permitting programs and/or software (Our Permit Technicians will familiarize to using the City’s permitting system) 706
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17 D. PROPOSED METHOD TO ACCOMPLISH THE WORK
• Provide assistance with general office and administrative duties as assigned

KEY CRITICAL ASPECTS OF DELIVERED SERVICES
Our team becomes familiar with the requirements of a public agency before beginning a review and continually monitors trends and legislation in order to advise the City on ordinances and standard practices to consider for adoption. BV has extensive public sector experience, which assures that public interests are fully protected. We understand that careful consideration of issues and impacts are needed in addition to technical expertise.

We have devoted a great deal of time over the years to refining our approach and developing documentation to assist our clients and train our personnel to ensure highly efficient plan review procedures.

BV will work to ensure that submittals are properly coordinated and tracked by following an established internal plan check coordination process in which each plan received for review is entered into our ProTrack database, processed and returned on time to the client. Our plan tracking procedures are designed to track each submittal throughout the review process and maintain accurate and comprehensive records for each submittal. To accomplish this we:
• Screen and log each application to assure that they are routed to all plan reviewers in a timely manner.
• Submittals are reviewed for compliance with all ordinances. The log serves as a tracking device to assure turnaround times and completeness of the review.
• Plan reviews will be done in accordance with local, state and federal regulations with which local jurisdictions are mandated to enforce as well as all codes and ordinances in effect by adoption at the time of plan review. Preliminary consultations will be provided to the applicant upon request, to assist and guide them in the design and plans preparation process.
• Information shown on each permit application is verified. Construction valuation is based on information provided by the City of Palm Desert and compared to estimates provided by the applicant.
• Provide a thorough architectural and structural review of design drawings and details for compliance with the
California Building Code architectural provisions, including provisions for safety glazing, building security and noise insulation performance standards, to name a few. These
reviews can also be performed on revisions to plans which have previously been approved for permit issuance.
• Preparation of a review letter report.
• Plan review management.
• BV assures that corrections are handled as quickly and as clearly as possible. Our goal is to help the applicant through the plan review process. All corrections are identified based on compliance with specified codes and regulations.

Generally, corrections are identified in two ways. Notes are made on plans during electronic review or on hard copy plans if appropriate, and a correction sheet is generated, detailing what items need to be addressed before plans can be approved. The City shall approve the development of any customized correction sheets. Correction sheets for specific projects shall be forwarded to the City along with a cover memo containing at least the following:
• The date(s) plans were received and reviewed
• The date(s) the applicant was notified of completed plan reviews
• The name and telephone number of the applicant
During the plan review process, BV is prepared to meet with the applicant or architect/engineer, City employees or consultants at any time. Telephone discussions or meetings at project sites are welcomed to assure that any plan review issues are handled efficiently. We propose to meet at the offices of the building and safety division or at a particular project site. Our goal is to issue approved plans as quickly as possible but in full compliance with laws, codes, ordinances and regulations. Upon completion of the plan review, the following information package is prepared and logged as a minimum:
✓ Completed plan check documents including sign-offs
✓ Transmittal letter documenting any conditions associate with issuance of a permit, if any
✓ Marked up plan review documents
✓ Two sets of approved building plans
✓ Backup documents and reports
✓ Documents provided in desired City format

QUALITY ASSURANCE PROGRAM
BV associates all share the responsibility for continual improvement of the firm’s quality management process and believe the program, supported by the BV business model and its code of ethics, will ensure the continual delivery of high quality products and services to the City of Palm Desert. In doing so, the firm will continue to establish itself as the City’s preferred supplier in conformity assessment and certification services in the fields of quality assurance, health and safety, environment, and social responsibility (QHSE).

BV’s quality management system provides the framework for continual improvement of its internal management processes and resources which will in turn add value for the City through the services offered and delivered. In addition, our quality management system gives the company and the City the confidence that the provision of services and products will be delivered consistently to predetermined high standards worldwide.

Budget Controls and Billing Related Quality Assurance - FLEX Budget control is achieved by closely monitoring work assignment labor and direct expenses. Work reports must be completed by each individual and the labor hours must be approved by the project manager before being charged to the City of Palm Desert. Similarly, expense reports and other direct expenses must be approved by the project manager prior to entering the cost data system. To ensure optimal administration of the main functionalities of contract management and the facilitation of 707
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18 D. PROPOSED METHOD TO ACCOMPLISH THE WORK
billing related quality assurance BV utilizes FLEX. FLEX is a reference repository which is comprised of all billing and contractual information (invoices, work assignments, expenses, labor reports, project reports, etc.). This advanced system assists BV in implementing and maintaining a number of budget and cost control processes which:
• Ensures data integrity and allows for a flexible and secure billing process
• Enhances billing efficiency and productivity
• Minimizes revenue leakage by monitoring its sources
through control reports
FLEX ensures contract and budget control via standardized features and alignment of project information in real time. Additionally, the system is designed to promote contract follow up from project outset to closing which helps to establish and maintain optimal communication.

Project Management and Schedule Controls - Quickbase
Protrack
Work assignment schedules will be managed on several levels.

The project manager will maintain regular contact with the City manager to communicate the project status and progress on deliverables. In addition, an internal schedule including critical milestones and deliverable due dates will be established prior to initiating the task work. This allows ample time for editorial and technical review, changes, and assurance in schedule compliance. In order to efficiently and effectively track project workflow BV employs Protrack, a quality assurance software solution created by Quickbase. This custom-built program was developed specifically to meet the needs of the firm and enhance its project management capabilities in service to its clients. Protrack monitors numerous pieces of project data in real time including, but not limited to, project schedule status, active projects by office, project type, number of active projects per client, weekly number of new projects initiated, and much more. Theprogram’s dashboard allows users to generate reports which can provide an overall snapshot of BV’s current activities or can be filtered to present precise details regarding a specific project or client.

The crucial information monitored in Protrack not only aids in maintaining schedules and project turnaround times but also gives the firm the capacity to make decisive course corrections which ensure deliverables of the highest caliber and complete customer satisfaction. Furthermore, Protrack is designed to work collaboratively with BV’s billing and invoicing software, FLEX, to enable the consistent completion of projects on-time and on-budget.

CARE PROGRAM – A PROVEN, FORMALIZED & INTEGRATED

PLAN REVIEW PROCESS
The plan review process we follow for efficient completion of concurrent task management is shown in the flowchart on the next page and managed through our CARE Program, a formalized and integrated process whereby Coordination, Analytical, Review, and Expert management/ quality control functions are consistently implemented on each and every project. We will implement a comprehensive program based on best practices to validate that each and every review is thorough, accurate, consistent, and timely. This system’s success is based on thousands of hours of practical, real-world experience by our dedicated personnel and their unique ability to interact quickly and efficiently with your staff. The specific roles of each of our CARE elements include:

Coordinator: Our clerical personnel will handle various administrative functions, such as logging information (project tracking, time budgeting), managing project controls, maintaining and distributing communications, reviewing agendas and ordinance issues, and fielding calls on project status. The Coordinator is the first line of contact for each project submittal.

Analyst: Our analysts will review submittals, title sheets, and non-design items; maintain files; monitor due dates; monitor contract budget and status tracking reports; and coordinate invoicing. Our analysts also maximize and “right place” personnel resources to meet turnaround times in a quality manner. When assigning resubmittals to staff, our Analyst ensures consistency by passing the project to the same reviewer that performed the previous reviews. Reassignments are done when unforeseen circumstances dictate.

Reviewer: Our experienced building plan reviewers will routinely review agency standards, ordinances, guidelines, and checklists; create comments letters; coordinate project return with the coordinator; attend review meetings; and communicate questions/solutions to project stakeholders. Because of our depth of resources and project tools (checklists, corrections letters, etc), reassigned projects can be reviewed without missing deadlines or causing unnecessary rechecks.

Expert: BV experts will provide the final quality assurance review of applicable plans, studies, and reports in accordance with all accepted engineering, building codes of different disciplines, Subdivision Map Act, and industry professional practices. They will comply with the applicable regulations; visit the client contact regularly; monitor project progress with the reviewer; disseminate project/agency information to the team; train team members; peer review comments letters; and communicate
questions/solutions to stakeholders. Additionally, Experts provide quality assurance reviews to each project which minimizes the number of resubmittals.
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BUREAU VERITAS | 220 Technology Drive, Suite 100, Irvine, CA 92618 O 949.860.4800 | www.bvna.com
19 D. PROPOSED METHOD TO ACCOMPLISH THE WORK
Bureau Veritas
Receives Plans &
Enters Information Into
Web-Enabled System &
Tracking Log
City
Assigns Project
Submittal Intake
Checklist
Discuss Key Issues
with City
Quality Review
Prepare Corrections
Memo
Public Agency
Permit Issuance
Enter Information Into
Plan Management
System
Permit Application
Submittal
Distribute Plans
to Appropriate
Plan Reviewers &
Agencies

C A R E
Coordinator Analyst Reviewer Expert

PLAN REVIEW PROCESS
Plumbing Plan
Review
Mechanical Plan Review
Architectural Plan
Review
Structural Plan
Review
Electrical Plan
Review
Building Plan
Review
Fire & Safety
Services

SUMMARY OF PROPOSED PLAN
BV provides full service building department administration including plan review, building inspection and permit technical services for numerous agencies. We offer services which range from reviewing a single, complex, or unique project to handling all plan review needs for a City. The firm’s personnel are dedicated to providing the highest level of customer service and ensuring all work is in conformance with the requirements of the City and all other applicable codes. Resources can be adjusted on fast-track projects, as needed, to meet demanding schedules. Personnel assigned to City projects are available to answer phone calls and attend meetings at the City to address questions or discuss issues with the City staff, design team, and/or construction team which may arise on a project and provide guidance for City staff, applicants, designers, and contractors. Consistency, responsiveness, efficiency, and a positive attitude are key components of the firm’s approach.

As an ISO 9001 certified firm, BV undergoes systematic, independent audits of its management systems to meet rigorous objectives and provide continuous improvement in key areas. The firm consistently incorporates proven best practices and protocols as part of its quality management system to meet and exceed ever-increasing customer requirements. These tools include implementation of an established quality assurance/quality control program using the BV CARE program for the intake, tracking, and review of plans to enhance quality and streamline processing/approval; electronic plan check to expedite turnaround times which save time and money; and the utilization of webbased document control system which fosters collaboration, 24/7 access to documents and reports, and enhances overall communication.

To ensure the work assignment is being performed at the highest professional level, BV relies on the management and technical excellence of its personnel and a proven QA/QC program. This assures the quality of all work performed under this contract meets City approval. BV has developed and implemented corporate QA policies, consistent with all applicable federal and state regulatory requirements and standards, covering all aspects of project performance, technical quality, and peer review. These policies are implemented at each professional and technical level to provide a well-balanced, independent QA program, which assures the quality of reports, technical reviews, annuals and other documentation prepared by BV. This ensures the product is consistent with the established standards from the standpoint of quality, validity, and legal defensibility.
• Identify Client Needs: Identifying the clients’ requirements and expectations is a key initial step to BV’s client-focused approach.
• BV actively listens and maintains sensitivity to unique issues, priorities, and organizational culture to work in partnership to assess diverse needs and special initiatives.
• Strategic Planning: With this partnership, BV establishes a clear plan of action to institute priorities, identify stakehol ers/ processing agencies, formulate communication protocols, and align services with mutually-defined needs and objectives. • Concise Scope/Implementation: A clear and concise scope, schedule, and budget are developed. BV assigns expertise which mirrors the clients’ needs and implements best practices to maintain project momentum. • Project Management: Proactive management ensures cost and schedule control and streamlined communication
among team members. BV uses appropriate best practice
tools to effectively and efficiently deliver the City’s assignment within budget and schedule. No matter what the need, the firm’s goal is to deliver integrity, impartiality, accountability, efficiency, quality, and transparency. 709
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35 FEE PROPOSAL

FEE PROPOSAL
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BUREAU VERITAS | 220 Technology Drive, Suite 100, Irvine, CA 92618 O 949.860.4800 | www.bvna.com
36 FEE PROPOSAL

CITY OF PALM DESERT - FEE SCHEDULE

PLAN CHECK AND INSPECTION SERVICES
BV proposes the following compensation schedule. BVs’ pricing reflects our commitment to the success of the City of Palm Desert by helping the City maintain significant quality and cost saving benefits. These Include:
✓ Highly qualified and licensed staff and confidence of working with a well-established consultant ✓ Reduced plan review turnaround times
✓ Commitment to maintaining a proposed rate structure for the life of the initial contract period

PLAN REVIEW PERCENTAGE OF FEES - BASED ON CITY COLLECTED FEES 65% of City Collected Fee

HOURLY RATES
Services Rate
Certified Building Official / Project Manager $145.00
Sr. Plan Review Engineer / Structural Engineer / Fire Protection Engineer $145.00 CASp Inspector $125.00
CASp Plan Review $125.00
Plan Review Engineer / Sr. ICC Certified Plans Examiner $130.00 ICC Certified Plans Examiner $120.00
Senior Building Inspector $105.00
Building Inspector $95.00
Sr. Code Enforcement Officer $110.00
Code Enforcement Officer $100.00
Permit Technician $70.00
Administrative / Clerical Support $55.00
• Plan Review fee assumes initial review and one (1) resubmittal. Additional reviews if required will be invoiced using the hourly fee schedule.
• Fast track / Expedited plan reviews shall be an additional 1.5 times the fees shown above. • Overtime (OT) will be charged at 1.25 times the standard hourly rate; hours worked on a designated holiday will be charged at the appropriate OT rate. No overtime will be charged without approval. • Rates and cost estimates shown above exclude per diem, prevailing wage and union rates. Should these be applicable, BV will discuss and negotiate fees to account for increased personnel costs. • Hourly rates subject to annual adjustment in accordance with CPI from Engineering News Record (ENR) with the City’s prior approval.
• Mileage for employee-owned vehicles used in connection with the work will be at the current IRS rate. • Plan Review will be invoiced after initial review is completed and hourly services will be invoiced monthly. 712
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CITY OF PALM DESERT

PROFESSIONAL SERVICES AGREEMENT

1. Parties and Date. This Agreement is made and entered into this 27th day of June 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 Interwest Consulting Group, Inc., a Corporation, with its principal place of business at 1500 S. Haven Ave, Suite 220, Ontario, CA, 91762 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Recitals.

2.1 Project.

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

Plan Review and Inspection Services – Development Services (hereinafter referred to as “the Project”).

2.2 Consultant.

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

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

3. Terms.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit “A-I” and attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.

3.1.2 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 the Agreement automatically for no more than two (2) additional one-year terms. The Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates.

The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this 713
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Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

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

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

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

The key personnel for performance of this Agreement are as follows: Shelby Sieracki, Director of Client Success.

3.2.5 City's Representative. The City hereby designates Richard Cannone, AICP, Director of Development Services, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement.

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

3.2.6 Consultant's Representative. Consultant hereby designates Shelby Sieracki, Director of Client Success, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
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3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

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

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

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

Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party 715
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responsible for the delay, shall not entitle Consultant to any additional compensation.

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

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

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

3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

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

3.2.11 Insurance.

3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include 716
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contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Professional Liability (Errors & Omissions) Insurance.

Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives.
(E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
(1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part for any reason;
(2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies.
(5) Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(F) Fidelity Coverage. (RESERVED)
(G) Cyber Liability Insurance. (RESERVED)
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3.2.11.2 Other Provisions or Requirements.
(A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by
Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or selfinsurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(G) Enforcement of Contract Provisions (non estoppel).

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

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review.
(N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions 719
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be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.

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

Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies of this Section.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed three hundred thousand dollars ($300,000) in aggregate among firms awarded for on-call work per fiscal year without written approval of the City Council or City Manager, as applicable.

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

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

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "C" of this Agreement. 720
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3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

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

3.4 Labor Code Requirements.

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

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

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

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

3.6 General Provisions.

3.6.1 Termination of Agreement.

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

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

3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation.

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

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

Consultant: Interwest Consulting Group, Inc.
1500 S. Haven Ave, Suite 220, Ontario, CA, 91762.

ATT: Shelby Sieracki
Director of Client Success
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City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Richard Cannone, AICP
Director of Development Services
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

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

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

3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless 723
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Consultant and its officers, directors, agents, and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment, or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

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

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

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

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

3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 724
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3.6.5 [Reserved]

3.6.6 Indemnification.

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

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

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

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

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

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

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

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

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in 725
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this Agreement.

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

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

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

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

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

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

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

3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM DESERT
AND INTERWEST CONSULTING GROUP, INC.

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

CITY OF PALM DESERT
By:

L. Todd Hileman
City Manager
Attest:

By:

Anthony Mejia
City Clerk
Approved as to form:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney
INTERWEST CONSULTING GROUP, INC., A

CORPORATION
By:

Its:

President of Interwest Consulting
Group
Printed Name:

Paul Meschino
By:

Its:

Chief Executive Officer of SAFEbuilt
Printed Name:

Chris Giordano
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
728
Contract No. ___________
Exhibit “B”
Revised 07-2023
BBK 72500.00001\32374915.1
EXHIBIT “A”

SCOPE OF SERVICES
Plan Review Services
All plans examination services will be performed by a licensed Civil or Structural Engineer and/or an ICC Certified or otherwise qualified Plans Examiner.

All plan reviews will include compliance with code requirements as well as an overview of the application package for other applicable requirements such as approvals from other local agencies and districts and coordination with other City departments. All plan review will comply with the City’s directives, codes and policies.

Plan check will include a review of any or all of the following design elements as determined by the City:

Architectural
Structural
Plumbing
Mechanical
Fire/Life Safety
Electrical
Energy Conservation Regulations (Title 24)
Disabled Access Regulations (CBC)
Green Building Standards
CASp
Building Inspection Services
A licensed Building Inspector will be available as-needed during normal business hours (40 hours/week). Inspectors can also be flexible to assist during special off-hours by request with advance notice.

Assigned staff will perform inspection services, as needed, to verify that the work of construction is in conformance with the approved project plans as well as identifying issues of non-compliance with applicable building and fire codes. Our field inspection services will include site inspections and writing legible and understandable correction and violation notices and field reports. In addition, we will be available to answer in-person or telephone inquiries.

Interwest’s ICC / CASp certified inspectors have performed both building and fire inspection services on a wide variety of construction projects including new residential developments, large custom homes, and commercial, institutional, assembly, essential service buildings, and industrial projects. When necessary for large or fast-track projects, multiple inspectors are available.

Interwest’s inspectors will provide field inspections including site inspections of projects to verify conformance with approved drawings and specifications, which will include review of the permit documents to verify that onsite conditions are consistent with the approved documents for square footage, setbacks, heights, and any other applicable conditions. At the completion of inspections, Interwest’s inspectors will complete all necessary City forms and documents as required to provide seamless service. We understand that personality and customer service are crucial to onthe-job success; therefore, we have selected inspectors who are well versed in customer service and skilled in dealing with people both at the public counter and in the field. All inspection personnel assigned will be ICC and / or CASp certified as required. 729
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Exhibit “B”
Revised 07-2023
BBK 72500.00001\32374915.1
EXHIBIT "B"

SCHEDULE OF SERVICES
730
Contract No. ___________
Exhibit “C”
Revised 07-2023
BBK 72500.00001\32374915.1
EXHIBIT "C"

COMPENSATION
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, CA 731
732
www.interwestgrp.com

CIT Y OF

PALM DESERT
Request for Proposals – Plan Review, and
Inspection Services – Development Services
2024 – RFP – 109
MAIN PROPOSAL CONTACT:

Shelby Sieracki
Director of Client Success - West Region
626.224.2055
[email protected]
April 26, 2024
www.interwestgrp.com
733

TABLE OF CONTENTS
A. Cover Letter .......................................................................3 B. Experience and Technical Competence ...........................6 C. Firm Staffing and Key Personnel......................................11 D. Proposed Method to Accomplish the Work ....................18 734
Cover Letter A
735
1500 S Haven Ave., Suite 220
Ontario, CA 91761
P (909) 295-3142
4 City of Palm Desert, CA | Proposal for Plan Review and Inspection Services - Development Services - 2024 - RFP - 109 A | Cover Letter
April 26, 2024
Cristal Ortega, Management Analyst II
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Email: [email protected]
RE: Request for Proposals for Plan Review and Inspection Services - Development Services, 2024 - RFP - 109 Dear Ms. Ortega,
The City of Palm Desert has issued a Request for Proposal (RFP) for a qualified firm to provide plan review and inspections for various types of construction and provide internal City-generated reviews. Our proposal is crafted and submitted for the purpose of demonstrating our ability to provide all the services outlined in your RFP.

Interwest Consulting Group has been pleased to provide these services to the City of Palm Desert since July 2017. After the first year of our services, the City issued a contract extension to continue Interwest’s services through June 2019. Interwest has also provided on-call Traffic/Transportation Engineering Services to the City since 2018; and has recently been awarded the opportunity to provide Planning Services in 2023.

Executive Summary
Interwest positions itself as your local partner with the capacity and flexibility to tailor services to meet your specific needs. We are prepared to accept any requested work and demonstrate the capability to handle urgent assignments with short notice and rapid turnaround. Our commitment is to deliver services that align with the desires of elected officials, City staff, stakeholders, and citizens. Moreover, Interwest can provide the City with access to our National Plan Review Program, granting immediate availability to multi-disciplinary plans examiners who are prepared to offer additional support whenever needed.

Interwest’s core values of Integrity, Teamwork, Continued Improvement, Service, and Respect, create a positive work environment and strongly contribute to our best-in-class client satisfaction results and employee retention. We continuously strive to provide experts in the industry who seamlessly perform our services by creating customized solutions tailored to our customer’s needs. We work collaboratively with our partners to resolve issues as efficiently as possible to expedite processes with our focus on the successful delivery of services.

Why Interwest
Interwest currently has more than 400 professional consultants dedicated to providing consulting services to municipal clients across the State of California. We are proud of our ability to provide services across multiple disciplines to the City of Palm Desert and other client agencies in the Coachella Valley.

Interwest’s presence in the Coachella Valley has continued to grow. In addition to the Plan Review & Inspection Services we provide to the City of Palm Desert, we currently provide the following services to local municipalities:
• City of Palm Desert – North Sphere Community Park and Lupine Plaza Design Services (September 2022 - Current). • City of Indian Wells – On-Call Building & Safety Services (July 2017-present). • City of La Quinta – Building & Safety Plan Review and Inspection Services (July 2016-present). • City of Desert Hot Springs – Building & Safety Plan Check Services (February 2019-present).

PROPOSAL POINT OF
CONTACT:

Shelby Sieracki
Dir. of Client Success
626.224.2055
[email protected]
736
THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. 5
City of Palm Desert, CA | Proposal for Plan Review and Inspection Services - Development Services - 2024 - RFP - 109 We believe that our services would be an excellent choice for the City of Palm Desert for the following reasons:
• As your current service provider, we understand the City of Palm Desert’s policies, procedures and preferences. • Our rates are reasonable, and include value-added services at no additional charge including electronic plan checking, standard plan handouts and uniform plan review checklists. • Our proposed staff have extensive and proven experience and qualifications providing these services to the City of Palm Desert. We have a successful track record of providing services to clients in the Coachella Valley, as well as providing building and safety services to many clients throughout the Inland Empire.

The Interwest Team
Our proposed Project Manager for this engagement and the City’s day-to-day contact for any questions is William “Bill” Hayes, CBO, ICC. Bill is an experienced building official, project manager, and public works director with over 20+ years of experience performing operations oversight and collaborating with city managers and the city commissioners in strategic planning for city budgets. His progressive and extensive knowledge of the building industry and municipal organization translates to efficient and effective services for our clients. He has performed intergovernmental relations collaborating with agencies such as DOT, water and sewer, state representatives, FEMA, and others. He has experience in labor relations and has been responsible for contract negotiations, grievance resolution, and contract implementation.

Bill also meets with architects, engineers, designers, and homeowners as necessary to coordinate the successful delivery of plan review and inspection services. Bill is an excellent supervisor and communicates effectively, both verbally and in writing.

These qualities deliver strong results focused on the success of our municipal clients.

Shelby Sieracki, Director of Client Success, will continue to act as the Account Manager and serve as the Proposal Main Contact for the City of Palm Desert. Shelby is fully authorized to negotiate on behalf of Interwest; the project office she will be associated with is 1500 S. Haven Ave, Suite 220, Ontario, CA, 91762. Shelby has served in client relations for more than 5 years and has learned what it takes to provide an in-tune and in-touch approach with clients. Shelby will be responsible for ensuring increasing levels of client satisfaction throughout the life of the contract by performing periodic Client Health Checks, a service uniquely provided by Interwest. Shelby also performs random quality evaluations of our staff throughout the year.

As President of Interwest Consulting Group, I am authorized to sign any agreements that may result from this proposal and will provide contract support to the proposed Interwest team. Should any questions arise, I can be contacted at 619.372.9962 or via email at [email protected]. We are excited to continue this partnership with the City of Palm Desert and look forward to working together to create a better future for the community.

Sincerely,
Paul Meschino
President of Interwest Consulting Group, Inc.
737
Experience and
Technical Competence B
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City of Palm Desert, CA | Proposal for Plan Review and Inspection Services - Development Services - 2024 - RFP - 109 B. | Experience and Technical
Competence

1. Background
Interwest has extensive experience and a proven track record of successfully providing complete building department services to public agencies. We currently serve more than 330 public agencies, providing plan review, inspection services, and community development services.

Interwest was founded by individuals with a passion for serving municipalities. In 2021, Interwest became a wholly-owned subsidiary of SAFEbuilt, LLC. Interwest, combined with our subsidiaries, employs more than 400 professional staff in California, supported by SAFEbuilt’s larger resources of about 1,700+ national employees. Our company employees span a multitude of disciplines, roles, and job placements to municipalities within building safety departments throughout California.

Providing building department services is at the core of our business. With a staff of more than 200 professionals in our Building and Safety Division, Interwest maintains the largest building and safety services staff in California. Interwest is comprised of licensed Civil and Structural Engineers, Electrical Engineers, Fire Protection Engineers, and Mechanical Engineers registered in the State of California, International Code Council (ICC) Certified and highly qualified Plans Examiners and Inspectors, Certified Access Specialists (CASp), licensed Architects, and other professionals specializing in providing complete building safety services to local government agencies.

Our staff has held senior and executive management positions within numerous California cities and public agencies, including the titles of Building Official, City Engineer, Public Works Director, Construction Manager, City Planner, and other management personnel. This depth of experience brings a high level of knowledge and sensitivity towards community and special interest group issues. We value the importance of a focus that represents the interests of our public agency clients and reflects positively on the citizens they serve.

We furnish both technical excellence and a thorough understanding of the regulatory process to assist our clients through the sometimes-daunting complexities associated with the delivery of projects, implementation of important public programs, and adoption of significant public policy.

INTERWEST PROFILE

LEGAL NAME, YEAR

FOUNDED, & BUSINESS
STRUCTURE:

Interwest Consulting
Group, Inc., 2002, Colorado
Corporation, legally certified
to conduct business in the
State of California
OWNERSHIP:

Interwest Consulting Group,
Inc is a wholly owned
subsidiary of SAFEbuilt, LLC.

SIGNING & CONTRACT
AUTHORITY:

Paul Meschino, President

PRIMARY PROJECT
CONTACT:

William Hayes, CBO, ICC
Project Manager
909.568.9749
[email protected]

SERVICES INTERWEST
PROVIDES:

Building Department Services
Municipal Engineering
Planning & Urban Design
Construction Management
Traffic Engineering
Transportation Programming
Transportation Planning
Construction Management
Grant Services
Land Development Design
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City of Palm Desert, CA | Proposal for Plan Review and Inspection Services - Development Services - 2024 - RFP - 109

CENTRAL CALIFORNIA
1171 West Shaw Ave., Suite 102
Fresno, CA 93711
559.448.9839 Phone

SOUTHERN CALIFORNIA
1 Jenner, Suite 160
Irvine, CA 92618
949.299.5300 Phone
1500 S. Haven Ave., Suite 220
Ontario, CA 91761
909.295.3142 Phone
24 South D Street, Suite 100
Perris, CA 92570
951.943.6504 Phone
9320 Chesapeake Drive, Suite 208
San Diego, CA 92123
858.560.1468 Phone

NORTHERN CALIFORNIA
9300 W. Stockton Blvd., Suite 105
Elk Grove, CA 95758
916.683.3340 Phone
39355 California Street, Suite 200
Fresno, CA 94538
510.796.3003 Phone
1613 Santa Clara Drive, Suite 100
Roseville, CA 95661
916.781.6600 Phone
NEVADA
4815 W. Russell Road, Suite 11K
Las Vegas, NV 89118
702.476.2200 Phone

COLORADO
444 N. Cleveland Avenue
Loveland, CO 80537
866.977.4111 Phone
Office Locations
Organizational Structure
Interwest Consulting Group is a wholly owned subsidiary of SAFEbuilt, LLC.

Interwest is also a managing partner of the following subsidiary firms in California:

EsGil Corporation, BroadSpec Company, and Kutzmann and Associates. Interwest combined with our California subsidiaries employs more than 400 professional staff, supported by SAFEbuilt’s larger resources of about 1,700 national employees. 740
THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. 7
City of Palm Desert, CA | Proposal for Plan Review and Inspection Services - Development Services - 2024 - RFP - 109

2. References
At Interwest, we believe that client satisfaction and repeat business with these clients is the ultimate indicator of our success as a firm. We encourage you to contact the references below to provide testimony of our capability to perform your requested services, adhere to schedules and budgets, and exceed expectations.

In the following pages, we have provided references for the City to review, a list of current and previous municipal clients, as well as relevant project descriptions that our proposed team have completed.

CITY OF LA QUINTA, CA

1. AJ Ortega
Building Official
760.777.7125 | [email protected]

2. 2016 - Ongoing

3. Services Provided: Building official services, building plan reviews, and building inspections.

AGUA CALIENTE BAND OF CAHUILLA INDIANS, CA

1. Margaret Park
Planning Director / Lead
760.699.6958 | [email protected]

2. 2020 - Ongoing

3. Services Provided: Building official, plan review, building inspections, fire marshal, fire inspections, project management.

COUNTY OF RIVERSIDE, CA

1. Michael McCafferty
Senior Building Inspector
951-840-8232 | [email protected]

2. 2015 - Ongoing

3. Services Provided: On-call plan review, building inspection services.

CITY OF COACHELLA, CA

1. Luis Lopez
Development Services Director
760.398.3102 | [email protected]

2. 2007 - Ongoing

3. Services Provided: On-call plan review, building official and inspection services. 741
THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. 8
City of Palm Desert, CA | Proposal for Plan Review and Inspection Services - Development Services - 2024 - RFP - 109 32 Current and Previous Municipal Clients
Interwest currently provides Building Plan Review and Inspection Services to more than 200 California clients. Below, we list a sampling of California clients for whom we currently provide, or have recently provided services.

CLIENT SERVICES PROVIDED
Judicial Counsel of California Plan Review, Building Inspection California Construction Authority Plan Review, Building Inspection City of Anaheim Plan Review, Building Inspection, Permit Technician Town of Capitola Plan Review
City of Corona Building & Fire Plan Check, Inspection
City of Costa Mesa Plan Review, Building Inspection, Permit Technician City of El Monte Plan Review, Building Inspection, Permit Technician City of Fairfield Plan Review, Planning Entitlement Review City of Garden Grove Plan Review, Building Inspection
City of Lake Forest Building Official, Plan Review, Inspection, Permit Technician Town of Lodi Building Inspection, Full Planning Services City of Manteca Building Inspection, Plan Review
City of Menifee Building Plan Check
City of Murrieta Plan Check, Inspection and Permit Tech Town of Napa Plan Review, Building Inspection, Permit Technician City of Palmdale Plan Review, Building Inspection
City of Pomona Building Official, Building and Grading Plan Review, Inspection, Permit Technician City of Rancho Cordova Plan Review, Building Inspection, Planning, Zoning Code Update City of Rancho Cucamonga Plan Review, Building Inspection City of Rancho Palos Verdes Plan Review, Inspection, Building Code Enforcement, Permit Technician City of Rio Vista Planning, Building Plan Review, Building Inspection City of Rocklin Plan Review, Building Inspection
City of Rosemead Building Official, Plan Review, Inspection, Permit Technician, Front Counter Support City of Roseville Plan Review
Town of Santa Clara Building and Fire Plan Review and Field Inspection City of Sonora Building Official, Plan Review, Inspection Town of St. Helena Building Official, Building & Fire Plan Review, Inspection, Planning City of Temecula Building Plan Check
Town of Tracy Plan Review, Building Inspection, Fire Inspection Town of Turlock Plan Review
City of Upland Building & Fire Plan Review, Inspection, Permit Technician Town of Woodland Plan Review, Building Inspection
County of Fresno Plan Review, Inspection
County of Napa Plan Review
Town of Atherton Building Official, Plan Review, Building Inspection, Permit Technician 742
THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. 9
City of Palm Desert, CA | Proposal for Plan Review and Inspection Services - Development Services - 2024 - RFP - 109 Relevant Projects
Commercial:
• Agua Caliente Casino in Rancho Mirage - the Show building • Agua Caliente Casino in Cathedral City
• Agua Caliente Casino in Palm Springs - Parking Structure • Agua Caliente in Palm Springs - The SPA at Seche
• Agua Caliente in Palm Springs - The Museum
• Agua Caliente in Rancho Mirage - The Fuel Station
Residential:
• Twin Palms Subdivision

BUILDING & SAFETY INSPECTION SERVICES // AGUA CALIENTE BAND OF CAHUILLA

INDIANS

CLIENT REFERENCE CONTACT

MARGARET PARK

PLANNING DIRECTOR/LEAD
760.699.6958
Interwest provides the following services to the Aqua Caliente [email protected] Band of Chauilla Indians:
• Building Official
• Plan review
• Building inspections
• Fire Marshal
• Fire inspections
• Project Management
Relevant Projects
Interwest is please to present project references of similar size and scope completed by our proposed team, including a list of California clients we provide services to for Building and Safety Services. • Village Traditions Subdivision
• The Vue Subdivision
Civil:
• Indian Canyons Murray Canyon Bridge
• Indian Canyons Andreas Canyon Bridge
• Indian Canyons Culvert\
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City of Palm Desert, CA | Proposal for Plan Review and Inspection Services - Development Services - 2024 - RFP - 109

BUILDING & SAFETY SERVICES //

COUNTY OF RIVERSIDE, CA

CLIENT REFERENCE CONTACT

MICHAEL MCCAFFE

SENIOR BUILDING INSPECTOR
951-840-8232
[email protected]
SERVICE DATES: 2015 - ONGOING Since 2015, Interwest has successfully provided the County with a high level of accurate and timely on-call plan review and building inspection services.

Services Provided:

We currently provide the following services:
• Building and Safety Inspections
• Permit Tech Services
• Plan Review

CLIENT REFERENCE CONTACT

LUIS LOPEZ

DEVELOPMENT SERVICES DIRECTOR
760.398.3102
[email protected]
SERVICE DATES: 2007 - ONGOING
Interwest Consulting Group began serving the
City of Coachella [population 40,000] in October
2007, providing as-needed plan review services.

We currently provide the following as-needed
services:
• Building Official
• Plan Review
• Building Inspection

BUILDING AND SAFETY SERVICES // CITY OF COACHELLA, CA
744
Firm Staffing and Key
Personnel C
745
THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. 12
City of Palm Desert, CA | Proposal for Plan Review and Inspection Services - Development Services - 2024 - RFP - 109 C. | Firm Staffing and Key Personnel

1. Staffing and 2. Key Personnel
Interwest believes that maintaining frequent and consistent check-ins between the account management and operations teams and our clients is key to the early identification of performance risks and contributes to contract success. Your account management team will reach out to the City to discuss the best method and frequency for these check-in meetings.

William “Bill” Hayes, CBO, ICC, State Operations Manager is the Project Manager for this engagement. Bill is an experienced building official, project manager, and public works director with over 20+ years of experience performing operations oversight and collaborating with city managers and the city commissioners in strategic planning for city budgets. His progressive and extensive knowledge of the building industry and municipal organization translates to efficient and effective services for our clients. He has performed intergovernmental relations collaborating with agencies such as DOT, water and sewer, state representatives, FEMA, and others. He has experience in labor relations and has been responsible for contract negotiations, grievance resolution, and contract implementation.

Bill also meets with architects, engineers, designers, and homeowners as necessary to coordinate the successful delivery of plan review and inspection services. Bill is an excellent supervisor and communicates effectively, both verbally and in writing.

These qualities deliver strong results focused on the success of our municipal clients.

Shelby Sieracki, as Director of Client Success, will continue to serve as the City’s Account Manager. Shelby will act as the intermediary between Interwest and the City to ensure that we are meeting the City’s needs, and will be an added resource and point of contact for support and assistance to City staff and no extra cost to the City. Shelby plays a vital role in the partnership ensuring client satisfaction by having regular meetings with City staff.

Together, Bill and Shelby will be dedicated to ensuring that the City receives high-quality work products in the format required and to providing staff trained and briefed on the City’s specific requirements so that services are delivered in a timely manner.

Local Office
1500 S. Haven Ave,
Suite 220
Ontario, CA 91761
909.295.3142
William Hayes, CBO, ICC
Project Manager
909.568.9749
[email protected]
Shelby Sieracki
Senior Account Manager
626 224-2055
[email protected]
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THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. 13
City of Palm Desert, CA | Proposal for Plan Review and Inspection Services - Development Services - 2024 - RFP - 109 Key Personnel Short Résumés
William “Bill” Hayes, CBO, ICC, State Operations Manager Bill is an experienced Building Official, Project Manager, and Public Works Director, performing operations oversight and collaborating with City Managers and City Commissioners in strategic planning for City budgets.

He has formed and nurtured intergovernmental relations, collaborating with agencies such as DOT, Water and Sewer, State representatives, FEMA and others. He has experience in Labor Relations, and has been responsible for contract negotiations, grievance resolution, and contract implementation.

Plan Review Team
Adrienne Peterson, ICC, Plan Review Manager
Adrienne is an ICC-certified California Building Plans Examiner and Permit Technician with more than 20 years of direct municipal Building Safety Department experience. Adrienne began her building services career as a permit technician, serving cities and the general public at the counter. This experience has given her insight into the importance of exemplary customer service and strict adherence to turnaround deadlines.

Jim Northcutt, ICC
With 40 years of experience, Jim has an extensive record of successfully reviewing all phases of highly-complex construction projects. Jim has served in various positions within the City of Irvine throughout his career.

Accomplished in all duties, including plan review and approval, regulatory compliance, code interpretation, code enforcement, and project acceptance.

Bill Tewfik, PE, CBO, CASp, ICC
Bill is a registered engineer and CASp professional with more than 40 years of industry experience, including 23 years serving the City of Garden Grove’s Building Division. Bill has extensive experience serving municipalities and providing engineering plan review services.

Hossein Afouzeh, PE, MEP
Hossein is a licensed electrical and mechanical engineer with a rich background in the industry, including over 10 years of construction experience and over 40 years of design, construction management support experience, and plan review engineering. He is a well-rounded project leader with strong interpersonal and communication skills with ability to lead a design team of mechanical, electrical, and plumbing engineers to adhere to the client and code requirements. He is familiar with the preparation of contract documents for mid-rise multi-residential, commercial, industrial, and educational buildings, and he has been responsible for the electrical system design for many projects from inception to completion including construction administration and commissioning of medium voltage power distribution systems, substations, lighting and power, fire alarm, and security systems.

Mark Seven, EE
Mark has over 17 years of experience in buildings (commercial and residential), malls, healthcare, and airports with extensive experience with mechanical, electrical, and plumbing). He has broad experience in strategic planning, entire project management cycles, defining project constraints, risk assessment, and performance measures. In addition, Mark has an in-depth understanding of project budget management, costs verification techniques, MEP work progress, and developing technical Requests For Information (RFI). He has managed complex and multi-million dollar construction projects for domestic and international firms. 747
THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. 14
City of Palm Desert, CA | Proposal for Plan Review and Inspection Services - Development Services - 2024 - RFP - 109 Mark Hankinson, CBO, CPE, ICC
Mark spent 15 years as a Senior Plans Examiner for Pima County, reviewing commercial and residential plans, and ensuring building plan review work is in compliance with State and local building regulations. Mark worked with building inspectors to resolve field-related code issues, provided customer support for zoning and building questions, performed structural calculations for beam loads on residential projects, and reviewed structural calculations submitted.

Mark also had 19 years of experience as an Architect, working on many building types, including hospitals, warehouses, banks, tenant improvements, hotels, churches, and residential. He is an effective team member and leader, supervising office staff or supervising individual teams, and has the proven ability to communicate effectively with all other internal and external disciplines.

Ho Jun Kong, PE, CASp, ICC
Ho Jun is a structural engineering associate who is knowledgeable in architectural, fire / life / safety, accessibility, structural analysis and design codes. He is ICC certified, well-educated, and experienced in many projects pertaining to his career field.

Sal Kaddorah, PE, ICC
Sal is a registered engineer with over 30 years of industry and municipal experience, serving major metropolitan governmental agencies throughout Southern California. He spent 18 years of his career serving the Southern California City of Manhattan Beach, beginning as a Senior Plan Check Engineer and progressing to become the City’s Building Official and filling in as the Director of Community Development as-needed. This has given him a valuable perspective on and respect for working in a municipality at multiple levels. This insight allows him to problem-solve and work effectively within this environment to the satisfaction of existing City staff, the development community, and the public. Over his career, Sal has cultivated expertise and a proven track record of providing City clientele with thorough and accurate reviews on a variety of project scopes and scales. Sal continues to stay current and well-informed about the latest techniques and technologies to ensure client satisfaction and effective communication.

Martha Diaz, PE, ICC
Martha Diaz is a bilingual (English and Spanish) plans examiner who also has extensive engineering experience.

Throughout her 15 years of experience, she has provided a variety of architectural and structural reviews, as well as performing forensic investigation on buildings and structures to determine cause of failure. She is proficient in MS Word, Excel, PowerPoint, and BlueBeam Revu.

Ali Hijazi
Ali is a bilingual (English and Arabic) electrical plans examiner with seven years of varied experience. He was part of the senior design team in the Micro Mouse (IEEE) project and worked on the IR sensors and navigationprogramming of the autonomous robot. Ali has been providing electric plan review for Interwest for the past three years.

Karla Luther, ICC
As an Interwest Plan Reviewer, Karla completes residential and commercial reviews for several jurisdictions and across multiple disciplines. Karla has over 22 years of experience providing comprehensive plan reviews for commercial and residential projects for California municipalities. 748
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City of Palm Desert, CA | Proposal for Plan Review and Inspection Services - Development Services - 2024 - RFP - 109 Steve Kim, PE, CASp, ICC
Steve is a Senior Plan Check Engineer with over a decade of experience. He has served as the primary design engineer on several commercial projects and provided structural analysis and design services to other California municipalities. He holds many licenses and certificates, as well as education, making him well-versed and experienced in his career path.

Hossein Sanikhatam, SE, Structural Engineers
Hossein is a licensed California Structural Engineer and Civil Engineer with Masters and Bachelors degrees in Civil Engineering from San Jose State University. He has nearly 25 years of experience in civil and structural engineering. His extensive experience includes providing structural plan check for residential and commercial buildings, multi-story office buildings, retail shops, malls, parking structures, apartment complexes, underground parking, single family dwellings, and condominiums.

Ali Sadre, MS, PE, SE, CE, CASp, ICC, Structural Engineer Ali reviews projects for compliance with the IBC and CBC, Title 24 for life-safety and structural design. The projects have included high-rise, multi-residential, commercial, schools, hospitals, hotels, casinos, sports arenas, essential facilities, hazardous occupancies, UC, or CSU projects, Port District, Federal, State, DOD, Navy & Department of Correction projects, tunnels, bridges, and lifeline structures. His reviews demand thorough familiarity with structural and seismic provisions of the CBC, SEAOC Blue Book, State Historic and Existing Building Codes, ASCE-41, Tall Building Initiative and other design guidelines and standards for new buildings, as well as seismic strengthening of existing buildings.

Augie Cerdan, FPE, Fire Protection Engineer
Augie brings over 28 years of experience in construction and fire plan review and inspection, with proven performance in analysis and regulatory compliance as a Fire Protection Engineer. Augie’s extensive experience as a Fire Protection Engineer has provided him a skill set to examine and correct construction documents, establish and maintain effective working relationships, determine adherence to code requirements, and provide rapid, uniform, and accurate customer service.

Andrew D. Hyatt, ICC, Fire Plans Examiner
Andrew is a dedicated, highly self-motivated professional and natural leader with experience in; fire code, plan review, inspections, and proper handling of hazardous materials. He is qualified with over 20 years of extensive experience in fire prevention, with specialized knowledge of current fire safety laws, codes, and ordinances.

Kevin Shin, Senior Fire Plans Examiner
Kevin is experienced reviewing plans to ensure they are compliant with fire and safety requirements. He has over 25 years of relevant job experience, having been an Assistant Fire Marshal for the past seven years. He also worked as an EMT, EMT Training Officer, Construction Manager, and Fire Inspector. His broad experience gives him a distinct and useful viewpoint when he meets with stakeholders to identify and address emerging problems.

Jon Reid, ICC, Senior Fire Plans Examiner
Jon is an ICC Certified fire plans examiner, skilled at reading and interpreting plans. He has excellent customer service skills and is capable of performing and certifying the installation of specialized fire protection systems. 749
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City of Palm Desert, CA | Proposal for Plan Review and Inspection Services - Development Services - 2024 - RFP - 109

INSPECTORS
Ron Swenson, ICC
Ronald is an ICC Certified Plans Examiner and Building Inspector with more than 30 years of municipal building industry experience. He spent 27 years as a Building Inspector and Interim Plan Checker with the City of Riverside.

Before joining Interwest, he also spent time as a Supervising Building Inspector and Plan Reviewer for the City of Vallejo. Ronald’s background has given him sound knowledge of State and Building Codes and the inspection of all construction projects from the ground up. He also has extensive experience working with engineers and architects on design, coordination, and building of construction projects. He is capable of enforcing a full range of building codes, as well as working with all construction and mechanical trades on codes including electrical and plumbing regulations.

Richard Minn, ICC
Richard is an Interwest Building Official and Senior Plans Examiner with seven years of experience in the Building and Safety Industry. He is an ICC Certified Building Official and a Master Code Professional. Richard currently holds 31 certificates from ICC. He has a full understanding of Building Department services, since he has held positions as Permit Technician, Building Inspector, Building Plans Examiner, Building Official, and Certified Fire Marshal.
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City of Palm Desert, CA | Proposal for Plan Review and Inspection Services - Development Services - 2024 - RFP - 109

3. Team Organization
Our proposed team members have significant direct experience working as municipal employees and as contract staff members in jurisdictions throughout California. Individually, the professionals selected to serve the City excel in each of their backgrounds. As a team, they possess the professional capability to innovatively create and implement effective solutions to continue to serve the interests of your community. The organizational chart provided below highlights our project team, company roles, areas of expertise, and the organization of our project team.

Full résumés may be found in Appendix A.

Building Plan Reviewers
Jim Northcutt, ICC
Bill Tewfik, PE, CBO, CASp, ICC
Hossein Afouzeh, PE, MEP
Mark Seven, EE, ICC
Mark Hankinson, CBO, CPE, ICC
Ho Jun Kong, PE, CASp, ICC
Sal Kaddorah, PE, ICC
Martha Diaz, PE, ICC
Ali Hijazi
Karla Luther, ICC
Steve Kim , PE, CASp, ICC
Structural Engineers
Hossein Sanikhatam, SE
Ali Sadre, MS, PE, SE, CE, CASp,
ICC
Fire Plan Reviewers
Augie Cerdan, FPE – Group Lead
Andrew Hyatt, ICC
Kevin Shin
Kevin ”Jon” Reid, ICC

CITY OF PALM DESERT

INTERWEST BUILDING SERVICES TEAM

PROJECT MANAGER
William Hayes, CBO, ICC
Building Inspectors
Ron Swenson, ICC
Richard Minn, ICC, CBO,
MCP
DIR. OF CLIENT SUCCESS
Shelby Sieracki PLAN REVIEW MANAGER
Adrienne Peterson, ICC

4. Subcontractors
Interwest Consulting Group will not be partnering with subconsultants for this opportunity, as our team can provide the requested services.
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Proposed Method to
Accomplish the Work D
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City of Palm Desert, CA | Proposal for Plan Review and Inspection Services - Development Services - 2024 - RFP - 109 D. | Proposed Method to Accomplish the Work
Ability to Perform Scope of Services
Interwest has extensive experience and a proven track record of seamlessly integrating building plan review and inspection services, and as-needed, in a cost-effective manner. Our services consist of providing a single staff member or a complete team. We tailor our staff to fit your specific needs.

WHAT THE CITY CAN EXPECT FROM THEIR INTERWEST TEAM
We are very familiar with the City’s processes, local concerns, expected turnaround times, and the level of service required to continue providing outstanding support to the Building Safety Department having provided services to the City since 2017. After the first year of our services, the City issued a contract extension to continue Interwest’s services through June 2019. Interwest has also provided on-call Traffic/Transportation Engineering Services to the City since 2018; and has recently been awarded the opportunity to provide Planning Services in 2023.

This in-depth understanding and insight into the City’s preferences makes us uniquely qualified to continue providing these services without a “getting to know you” phase that can sometimes lead to service interruptions. Our staff’s quality and training, combined with our proven business practices and a core commitment to customer satisfaction, ensure each client receives the highest levels of contract performance, professionalism, and responsiveness in the industry.

All Interwest Team Members will:

Wear/display proper identification and be knowledgeable of design principles, local zoning, and topographical site plans.

Possess/maintain the licenses/certifications required to perform compliant plan reviews, building inspection and permitting services.

Remain proficient and knowledgeable of federal, state, and local laws, rules, regulations, directives, codes, and ordinances applicable to their work.

Offer exemplary customer service while performing their duties and interacting with City staff, elected and appointed officials, construction firms, and the public.

Attend meetings as required by the City; always exhibit professional and courteous conduct and an appropriate appearance during interactions. Meet all job safety requirements and OSHA safety standards. 753
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City of Palm Desert, CA | Proposal for Plan Review and Inspection Services - Development Services - 2024 - RFP - 109 Building Inspection Services
A licensed Building Inspector will be available as-needed during normal business hours (40 hours/week). Inspectors can also be flexible to assist during special off-hours by request with advance notice.

Assigned staff will perform inspection services, as needed, to verify that the work of construction is in conformance with the approved project plans as well as identifying issues of non-compliance with applicable building and fire codes.

Our field inspection services will include site inspections and writing legible and understandable correction and
violation notices and field reports. In addition, we will be available to answer in-person or telephone inquiries.

We understand that municipal codes are frequently updated, so we will ensure that the projects we are inspecting are compliant with current code requirements. More specifically, we will ensure compliance with Title 24 California Building Codes, parts 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11, and 12, covering structural, fire prevention, life safety, disabled access, energy conservation, green building, plumbing, mechanical and electrical installations in residential, commercial, industrial, existing and historic buildings.

Interwest’s ICC / CASp certified inspectors have performed both building and fire inspection services on a wide variety of construction projects including new residential developments, large custom homes, and commercial, institutional, assembly, essential service buildings, and industrial projects. When necessary for large or fast-track projects, multiple inspectors are available.

Interwest’s inspectors will provide field inspections including site inspections of projects to verify conformance with approved drawings and specifications, which will include review of the permit documents to verify that onsite conditions are consistent with the approved documents for square footage, setbacks, heights, and any other applicable conditions. At the completion of inspections, Interwest’s inspectors will complete all necessary City forms and documents as required to provide seamless service. We understand that personality and customer service are crucial to on-the-job success; therefore, we have selected inspectors who are well versed in customer service and skilled in dealing with people both at the public counter and in the field. All inspection personnel assigned will be ICC and / or CASp certified as required.

INSPECTOR QUALIFICATIONS & CERTIFICATIONS
Interwest retains inspectors who are motivated to achieve the highest level of experience and certification. We work hard to match your jurisdiction’s level of safety and code compliance. All Interwest Inspectors are ICC-Certified. Inspection personnel assigned will be able to read, understand and interpret construction plans, truss drawings and calculations, prepare and maintain accurate records and reports, communicate effectively orally and in writing and to work effectively with contractors, the public and general staff. Inspectors will possess knowledge of approved and modern methods, materials, tools, and safety used in building inspection and the most current building standards.

INSPECTION SCHEDULE
Interwest will work with your organization to provide inspection staff in a timely manner. Our inspectors are familiar with a multitude of jurisdictional scheduling and tracking systems and can quickly adapt to jurisdiction requirements. Emergency inspections (usually requests that pertain to a serious or urgent life/safety issue) can be provided as they are needed; nights, holidays, or weekends.
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City of Palm Desert, CA | Proposal for Plan Review and Inspection Services - Development Services - 2024 - RFP - 109 Plan Review Services
All plans examination services will be performed by a licensed Civil or Structural Engineer and/or an ICC Certified or otherwise qualified Plans Examiner. For more complex projects and when needed to meet peak workload demands, additional support will be provided from our other regional offices. Our Plans Examiners understand and are intimately familiar with applicable building codes and plan review procedures and policies and will readily assist with solutions to complicated plan review issues.

Our staff will work with project applicants in a collaborative and professional manner to quickly identify and resolve violations of codes, standards, or local ordinances. They will provide thorough plan reviews in an effort to ensure complete and accurate construction documents to minimize questions and problems during the construction phase of projects.

Our proposed Plans Examiners will review plans during the City’s normal business hours. Plans Examiners will approve applications when the file complies with all applicable laws, codes, and ordinances. The review of plans will result in the recommendation of approval, approval with modification, or denial. If the permit file is deficient, the assigned Plans Examiner will provide concise comments identifying the deficiencies and citing the applicable code section. Our staff will provide the customer with a clear path to approval. The Plans Examiners will be available via teleconference or virtual meeting to assist design professionals, contractors, and homeowners in answering questions about the code and its intent.

The Plans Examiners will provide plan reviews for clients with schedule constraints or an aggressive schedule at the discretion of the City’s Building Official. All trades or disciplines included in the proposed services will be reviewed to ensure compliance with ordinances, adopted codes, code reference standards, utility provider requirements, and engineered designs. When the review is complete, all plan reviews will be documented in the City’s system of record.

The proposed Plans Examiners for the City will:
• Examine, review, and analyze construction drawings, plans, and specifications to ensure compliance with adopted local, state, and federal codes, ordinances, policies, and regulations. • Receive and record incoming plans submitted, providing the customer with the ability to track progress. • Process plan review comments and plan review actions via Bluebeam or the City’s preferred method for electronic plan review.
• Return all emails/voicemails within 24 hours.
• Determine the scope of the project before plan review.

We present our plan review process in Figure 2 below.
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City of Palm Desert, CA | Proposal for Plan Review and Inspection Services - Development Services - 2024 - RFP - 109 Building and Plan Review Project Schedule
As an value added service, Interwest’s staff intends to add and provide the City with a project schedule during the early management phase of any project upon completion of the first kick-off meeting. This initial schedule of specific tasks, including start and end dates, will be presented to City staff for review and recommendation. Our team will continue to monitor milestone progress and make recommendations as necessary, with the ultimate goal of keeping a project on schedule. Additionally, when modifications are made to specific tasks, the effect of those changes will become instantly visible through our software’s graphical presentation of each project.

The Interwest team has the bench strength in times of high demand. Our staff is big enough to call on additional team members if there is ever a need to bring a project back on schedule due to an on-call consultant-caused delay at no extra cost to the City. Our mission is to deliver timely services by staying apprised of things in advanced — a “no surprises” approach that keeps our team on task to meeting and exceeding the City’s expectations.

Technical Capabilities in Plan Check Areas
Interwest staff possesses significant technical capabilities in all areas of plans examination competence. Plans examiners are licensed engineers and/or ICC Certified or otherwise qualified Plans Examiners with extensive experience providing plan review services. Plans examination activities will be performed under the direction of a California licensed professional engineer and/or licensed architect. Our staff will conduct an accelerated plan review on an as-needed basis as requested by the Building Official.

In the following pages, we have provided our general approach which demonstrates our experience in the following disciplines:
• Residential
• Commercial
• Energy

NON-STRUCTURAL LIFE SAFETY
Interwest’s non-structural plan reviewers furnish plan review services for a vast array of projects including large residential, commercial, institutional, industrial, retail, and OSHPD 3 medical office buildings. Many of our plan examiners are CASp certified. Completed plan review projects range from single-story residential projects to complex high rise buildings and numerous building additions and remodels. We are experienced and familiar with the use and application of the most current editions of the following codes:
• California Building Standards Code
• Americans with Disabilities Act Standards for Accessible Design • ANSI Standards
• NFPA Codes & Standards
• CA Code of Regulations (CCR) Titles 19 and 25
• Jurisdiction-adopted amendments or ordinances
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City of Palm Desert, CA | Proposal for Plan Review and Inspection Services - Development Services - 2024 - RFP - 109

STRUCTURAL
Our California-licensed Structural Engineers have experience designing and reviewing projects utilizing virtually all building materials:
• Steel Moment Frames
• Buckling Restrained Braced Frames
• Eccentric Braced Frames
• Concentric Braced Frames
• Concrete Moment Frames
• Wood Shearwall Systems
• Masonry Shearwall Systems
• Concrete Shearwall Systems
• Cantilevered Column Systems
• Various Proprietary Lateral Force Resisting Systems
Our engineers have designed or reviewed a wide array of lateral force-resisting systems, including:

Our structural engineers are experienced with the provisions of most model codes including, but not limited to, current versions of:
• CCR Title 24, Part 2, Volume 2
• AISC 341, 358 and 360
• ASCE 7
• ASCE 41
• AISI Standards for Cold Formed Steel
• ANSI / AF&PA NDS for wood framing
• ACI 318
• ACI 530 / TMS 402/602
• CA Historic Building Codes
• CA Existing Building Codes
• NEHRP Requirements for Existing Building

MECHANICAL, PLUMBING & ELECTRICAL
Interwest’s California-licensed Mechanical and Electrical Engineers are well-versed in the application of California Mechanical, Plumbing, Electrical, Energy, and Green Building Standards Codes:
• California Building Code
• California Residential Code
• California Plumbing Code
• California Mechanical Code
• California Electrical Code
• Jurisdiction-adopted ordinance

ENERGY COMPLIANCE
Our engineers and plan reviewers are up-to-date on all California Energy requirements as they relate to both new and remodel construction on large residential and commercial projects. The Energy Efficiency Standards for Residential and Nonresidential Buildings were established in 1978 in response to a legislative mandate to reduce California’s energy consumption. These standards are updated periodically to allow consideration and possible incorporation of new energy efficiency technologies and methods.

GREEN BUILDING STANDARDS
Our staff is familiar with the incorporation of CALGreen building criteria into project designs and the resulting potential impact as related to the building codes. In addition, staff members have participated in the development of various “green” standards for super adobe, rammed earth, and straw bale construction, to name a few. • Wood
• Masonry
• Heavy Timber / Timber Frame
• Concrete
• Structural Steel
• Cold-Formed Steel Framing
• Straw Bale
• Rammed Earth
• Aluminum
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City of Palm Desert, CA | Proposal for Plan Review and Inspection Services - Development Services - 2024 - RFP - 109 LEED
Developed by the U.S. Green Building Council (USGBC), LEED provides building owners and operators a framework for identifying and implementing measurable green building design, construction, operations, and solutions. LEED certification consists of a number of different rating systems that apply to many building types—commercial as well as residential and measures how well a building performs across many sustainability metrics including energy savings, water efficiency, CO2 emissions reduction, improved indoor environmental quality, and stewardship of resources and sensitivity to their impacts.

ACCESS COMPLIANCE – CASP REVIEW
All of Interwest’s CASp-Certified professionals are knowledgeable of state and federal accessibility laws and regulations and possess the expertise necessary to promote access to facilities for persons with disabilities. Our goal is to provide experts in the industry who can perform services for building departments by customizing our services to correspond with our client’s expectations and needs. We work collaboratively with our clients to resolve plan review and inspection-related issues as efficiently as possible, ultimately resulting in an expedited process and successful project.

Our architects and plans examiners are fully trained and familiar with CA Building Code Accessibility requirements and ADA compliance regulations and they are available for plan review and/or evaluations and consultation. We offer support to municipalities for compliance enforcement and/or developing a transition plan towards compliance and successfully partner with the disabled community to address the needs and requirements of both entities. We can assist our clients in interpreting various issues relating to access compliance, such as access compliance obligations, transition planning, construction costs, construction phasing, code ‘interpretation,’ hardship, and code changes.

FLOOD ZONES
Interwest’s staff of engineers and plans examiners have experience in providing plan reviews for projects located in flood zones, as several of our clients have developments that occur in areas prone to flooding. Interwest’s staff has provided numerous plan reviews for projects located in flood zones using FEMA’s Technical Bulletins as well as the local jurisdiction’s ordinances. In addition, members of Interwest’s staff have participated in state-sponsored committees to establish guidelines and regulations for construction in areas designated as flood zones.

OSHPD 3
Our staff of plans examiners has extensive experience in providing plan reviews for OSHPD 3 projects. Our staff is well versed with the OSHPD 3 requirements contained in the California Building Code. We also have OSHPD-Certified Inspectors available on an as-needed basis.

CODE INTERPRETATIONS
Code interpretations are subject to final review and approval by the Chief Building Official, or City designated staff.

Interwest’s Engineers and Plans Examiners will provide unbiased recommendations and background information to help the Building Official or Fire Marshal make an informed decision. All plan review comments are subject to review and approval by the City Building Department.
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City of Palm Desert, CA | Proposal for Plan Review and Inspection Services - Development Services - 2024 - RFP - 109

COMMUNICATING PLAN REVIEW RESULTS
Plan reviews, when not immediately approved, will result in lists of comments referring to specific details and drawings, and referencing applicable code sections. Interwest will provide the City with a clear, concise, and thorough document from which clients, designers, contractors, and owners can work. At the completion of each plan review cycle, Interwest will return an electronic and hard copy of the plan review comment list to the designated applicant and City representative. Upon completion of the plan review, after all plan review issues have been resolved, Interwest will provide two complete sets of all final documents annotated as “reviewed” to the City for final approval.

ON-SITE CONSULTANT SERVICES & MEETING ATTENDANCE
Our staff is available for pre-construction or pre-design meetings, field visits, contacts with the design team, and support for field inspection personnel as needed. With some reasonable limitations, pre-construction and pre-design meetings associated with projects that we perform plan reviews are considered part of the plan review service. Interwest’s Engineers and Plans Examiners will be available to meet with City staff, the design team, applicants, and/or contractors, at the City’s request, to discuss and resolve plan review and code-related issues. We will be available within one (1) business day to respond to questions from the City that may be generated during field inspections for each authorized plan check that is subsequently issued a permit for construction. Voicemails, e-mails, and faxes will be responded to as quickly as possible, always within 24 hours.

ELECTRONIC PLAN CHECK SERVICES
Electronic plan check services deliver many benefits to municipalities, including substantially improved turnaround times; instantaneous comments to the developer, applicant, or architect; secured accessibility to documents; and reduced paper storage. Our staff is experienced in providing electronic plan reviews and will continue to utilize Bluebeam® to efficiently process City plan review services. Our goal is always to collaborate with and support the building department by providing thorough, accurate, and timely plan reviews.

PLAN REVIEW TRACKING METHOD & BILLING PROCESS
Our staff has experience working with most project-tracking databases utilized by building departments. Our staff will update electronic records and make project-related database entries as directed by the City. We will create and maintain a Jurisdiction File containing our research on any unique amendments or specifications required by your jurisdiction, billing arrangements, contact information, and any special requests you would like us to keep in mind.

Interwest uses a custom-designed database to maintain and track all plans throughout the review process from the moment you request a pick-up and/or shipment to delivery of the final, approved documents. Information such as project name, City’s project number, assigned plan reviewer(s), date documents were received, plan review cycle and completion date for the current review can be provided. In addition to standard phone communication, custom reports can be emailed.

Additionally we currently provide online tracking for the City with a custom-designed web template geared to provide any reporting and information needs required. Our staff is available during standard business hours to answer questions via phone or email regarding the actual plan review in progress. We maintain active email accounts and our staff will be responsive to any City or applicant needs. If we cannot speak directly to a caller, we will return calls no later than 24 hours. 759
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City of Palm Desert, CA | Proposal for Plan Review and Inspection Services - Development Services - 2024 - RFP - 109 Plan Check Turnaround Times
We consistently complete 99% of our customers’ plan review times on schedule for both commercial and residential projects as our standard business practice. We work hard to accommodate any turnaround schedule desired by the City.

Multidisciplinary reviews are typically performed in our offices, but we are available for onsite work when required, upon the City’s request.

Table 1. Maximum Turnaround Times

TYPE OF JOB MAXIMUM TURN AROUND TIME

FIRST CHECK

TURNAROUND TIME

RE-CHECK

RESIDENTIAL
New Construction 10 Working Days 5 Working Days
Addition 10 Working Days 5 Working Days
Remodel 10 Working Days 5 Working Days

NON-RESIDENTIAL
New Construction 10 Working Days 5 Working Days
Addition 10 Working Days 5 Working Days
Remodel/Tenant Improvement 10 Working Days 5 Working Days Large Complex Commercial Projects Turnaround Time Negotiated on a Project-by-Project Basis EXPEDITED PLAN REVIEWS* 5 Business Days 5 Business Days * Upon request and reviewer workload/availability
Permit Issuance and Counter Services Staffing (Optional Service) Permit technician services are crucial to the success of the entire building safety process as they are the first impression the public gets of your building department. Contact with the public at this initial point sets the tone for any additional interaction throughout the life of a project, whether engaging the homeowner, architect, developer or contractor or other community member. Delivery of excellent customer service, maintaining a smooth flow of documents and plans throughout departments, and tracking and reporting, are all key elements to furnishing first-rate, efficient, and a memorable experience to your clients.

At the request of the City, we will provide one or more Building Permit Technicians to the City. Our Building Permit Technicians will welcome and work closely with customers at the public counter answering all questions. They will provide information about permit applications, plan review, and inspection requirements, and will be excellent at organizing and maintaining the filing systems necessary for tracking in-progress applications, permits issued, plan check-in progress, approved plans, and any other information required by the City.
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City of Palm Desert, CA | Proposal for Plan Review and Inspection Services - Development Services - 2024 - RFP - 109 Approach to Project Management
Our project management approach begins with applying our Plan, Execute, Control, Optimize (PECO) philosophy. The PECO framework, illustrated to the right, is based on our team’s experience and industry best practices endorsed by the Project Management Institute. We identify, prioritize, allocate, manage, and control the work requirements through this singular, integrated method.

Using the PECO framework, the Interwest team delivers a project management approach that combines the right people, processes, and tools to perform the Scope of Services requirements. Our support for the City of Palm Desert requires a methodology to operate and maintain all areas of service efficiently. The Interwest team’s process is structured to streamline our resources and provide responsive services. Successful execution of building support services starts with a responsive team structure that can anticipate and address resource needs. Our team works on multiple tasks simultaneously, and our organizational structure supports the staff to oversee this process effectively. Our Project Manager, Joe Indrawan, will ensure overall project performance and completion.

Approach to QA/QC
Interwest prides itself in meeting clients’ needs while maintaining a high level of quality control. Our approach is proactive— we prevent quality issues to the greatest extent possible and prepare for other situations in advance by mitigating risk.

To ensure quality, Interwest has implemented a Quality Assurance/Quality Control (QA/QC) program where our Project Manager, William Hayes, CBO, ICC, performs random quality evaluations of our staff throughout the year. Interwest’s QA/ QC activities include:
• Standardized processes for intake, completion of returned work, email correspondence, review comment letters, and other items to ensure consistency and client satisfaction (e.g., logging review data into each municipality’s system). • Our Project Manager conducts periodic reviews to ensure completeness, accuracy, and consistency of work performed.

Periodic peer review of others’ plan reviews.
• Staff feedback as necessary for any discrepancies or improvements needed. Staff is paid to attend both internal and external training to grow professionally and improve skill sets. • Account Manager conducts periodic check-ins with clients for feedback on satisfaction with work performed and services provided. Sending periodic customer satisfaction surveys for feedback on work performed and services provided. • Interwest uses both check-ins and surveys to find possible opportunities to improve client satisfaction, work performed, and services provided, as necessary.

Given Interwest’s comprehensive approach to management and plan review, the probability of risk is low. As part of our QA/ QC process, we ensure that Interwest standards are met. We involve the City in the entire process to maintain transparency.

PLAN

OPTIMIZE EXECUTE

CONTROL
direction & coordination
direction & coordination
direction, coordination,
& information
information
daily status report
direct coordination
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www.interwestgrp.com

CIT Y OF

PALM DESERT
Request for Proposals – Plan Review, and
Inspection Services – Development Services
2024 – RFP – 109
MAIN PROPOSAL CONTACT:

Shelby Sieracki
Director of Client Success - West Region
626.224.2055
[email protected]
April 26, 2024
www.interwestgrp.com

4.2 Fee Proposal
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City of Palm Desert, CA | Proposal for Plan Review and Inspection Services - Development Services - 2024 - RFP - 109

4.2 | Fee Proposal
Interwest will coordinate transportation of plans between the City’s office and our Ontario office at no additional charge to the City. Our staff will coordinate our plan review services with the City to ensure plan review services are performed in a seamless manner. For plan review services performed in our offices we propose the following fixed fees as a percentage of the City’s plan review fees:

Fixed Fee Plan Review Fees

TYPE OF PLAN REVIEW FIXED FEE
Residential Building Plan Review 70%
Commercial Plan Review 65%
Structural Only Plan Check 50%
Architectural / MEP Plan Review 45%
Please note that the fixed fees stated above include an initial plan review plus two re-checks, additional re-checks beyond the third review will be charged at on an hourly basis using the Schedule of Hourly Rates shown below with prior approval from the City. Expedited plan reviews will be provided at a rate of 150% of the fees shown above and will be completed in one half the timeframes proposed for non-expedited plan reviews. In addition to the fees noted above, we propose the following terms and conditions:
• For the review of deferred submittals such as truss calculations, stairs, etc., submitted after the projects has been approved, we propose to complete the reviews on an hourly basis utilizing the Schedule of Hourly Billing Rates below. • For the review of revisions to previously approved drawings, we propose to complete the reviews on an hourly basis utilizing the Schedule of Hourly Billing Rates below
Hourly Billing Rates
Effective July 2024
Beginning on the 1st anniversary of the Effective Date of the Agreement and annually thereafter, the hourly rates listed below shall be automatically increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the “CPI”), unless a mutually agreed upon rate increase is established. Such increase shall not exceed 5% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged.

CLASSIFICATION HOURLY BILLING RATE
Building Safety Services
Certified Building Official...................................................................................................$165 Licensed Plan Review Engineer (structural, civil, electrical, mechanical) / Architect.....$160 Supervising Structural Engineer.........................................................................................$200 Senior Structural Engineer..................................................................................................$185 Senior Plans Examiner.........................................................................................................$145 CASp....................................................................................................................................$135 Inspector III..........................................................................................................................$115 Inspector II...........................................................................................................................$105 Inspector I..............................................................................................................................$95 764
THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES. 29
City of Palm Desert, CA | Proposal for Plan Review and Inspection Services - Development Services - 2024 - RFP - 109 Permit Technician..................................................................................................................$80 Fire Protection Engineer.....................................................................................................$160 Senior Fire Plans Examiner.................................................................................................$135 ICC Building Plans Examiner..............................................................................................$135 Senior Code Enforcement Officer......................................................................................$140 Code Enforcement Officer..................................................................................................$130 Trainee....................................................................................................................................$75 Landscape Design Reviewer ..............................................................................................$150 765
766