Palm Desert City Council
July 11, 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. 1092
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. 1093
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. 1096
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 1097
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
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Update to the General
Plan Mobility Element

PALM DESERT CITY COUNCIL
STUDY SESSION – MAY 9, 2024
5/9/2024 CITY COUNCIL STUDY SESSION 1
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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
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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
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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
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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
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5/9/2024 CITY COUNCIL STUDY SESSION 6
Background – General Plan Circulation Element
The Circulation Element establishes the framework for
future roadway dedications.
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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
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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?
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5/9/2024 CITY COUNCIL STUDY SESSION 9
Need for Update – Consistency
Example: Proposed Roadway Improvements between Mobility Element, and Downtown Area Plan
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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).
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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
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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.
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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.
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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. 1114
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? 1115
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
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Questions?
5/9/2024 CITY COUNCIL STUDY SESSION 17
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CITY OF PALM DESERT
CITY MANAGER’S OFFICE

INTEROFFICE MEMORANDUM
Date: July 11, 2024
To: Honorable Mayor and Councilmembers
From: Anthony J. Mejia, City Clerk
Subject: City Council Meeting of July 11, 2024
Below you will find questions received from the Mayor or Councilmembers and answers provided by City staff regarding tonight’s City Council meeting:

ITEM 2a: STUDY SESSION: IMPERIAL IRRIGATION DISTRICT’S ENERGY INFRASTRUCTURE

PARTNERSHIP
Q1: Regarding the IID substation, is it correct that we will not be liable for the $5 million in bonds, as we will either be reimbursed by other property owners or indirectly through increased sales tax revenue over several years
A1: The City would front the initial cash outlay to get the substation underway and then require payback agreements prior to the landowners developing their properties. The City may be out $1- $3 million over the next decade or two depending on the speed of development. Without the substation, the property owners are frozen out.

ITEM 13a: APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY

MINUTES
After further review, the City Clerk recommends the approval of the June 27, 2024, City Council Meeting minutes with the following revision:
15a. APPEAL OF THE BUILDING BOARD OF APPEALS DETERMINATION OF THE CHIEF BUILDING OFFICIAL’S APPLICATION OF THE 2022 CALIFORNIA RESIDENTIAL CODE, SECTION R310.1 (EMERGENCY ESCAPE AND RESCUE)
Dylan Guzel, provided closing remarks on behalf of the City, asserted that there are regulations that businesses are required to follow that homeowners do not in order to protect the public; asserted that this action is not considered a regulatory taking as the City stated the room was never intended to be a bedroom, the City did not sell or advertise the unit, and the City upheld the Code at the time of construction.

Dylan Guzel, Deputy City Attorney, provided closing remarks on behalf of the City; pointed out that a vacation rental is a commercial endeavor which is subject to regulations similar to other businesses; noted these regulations are in place for the public health and safety during emergencies; asserted that the County Assessor’s Office statements regarding the number of bedrooms are based on a visual floorplan inspection without comparison to the California Building Codes and pointed out these representatives are not official building inspectors, architects, engineers, or professionals in that capacity; opined that the City’s actions are not a regulatory taking as the City has consistently applied the building code standard that dens cannot be used as a sleeping room and had no role in the advertising or marketing of the property. 1119
06/27/2024 Question & Answer Memo

Carrie Kropfl, Appellant, provided closing remarks; stated she represents the innocent victims; urged the City prepare a disclosure form for short-term rental operators and renters, and send a cease and desist letter to Monterey Country Club property management.

Carrie Kropfl, Appellant, provided closing remarks; voiced support for allowing potential renters to sign a disclosure form regarding the use of a den as a sleeping room; asserted that other communities have advertised dens attached to an atrium as bedrooms and that Coachella Valley cities need to address false advertising, including the City of Palm Desert issuing a cease and desist letter to the Monterey County Club management; opined that the City’s interpretation will impact not only vacation rental owners but also all properties with a similar floorplan, leading to a reduction of a bedroom and decreased property values.

ITEM 13b: APPROVAL OF WARRANT REGISTERS
Q1: Where is the $13 million coming from to buy the parcels? (Page 43) A1:The sale of the property at Desert Willow (DW) is $4.6 million. That’s the only amount coming from the City. There are a few transactions happening in this one register:

1. The City is buying the property (DW Parking Lot) from the SARDA at Fair Market Value ($4.6M) from our Golf Amenity Fees - Capital Funds (441) with the first wire - #57353787.

2. The 2nd and 3rd wires are a result of staff reaching out to the County due to a stale dated check.

The County of Riverside lost the SARDA check ($4.4M) related to the sale of land from SARDA to Vitalia/Pacific West for affordable housing, so we canceled payment and reissued wire #71465195. The additional $16k, was a separate part of that transaction as well - #71465387.

3. The SARDA then sent the $4.6M proceeds (DW Parking Lot) to the County of Riverside for distribution to the various taxing entities - #72032577.

Ultimately, the City (as a taxing entity) will receive a small apportionment from each of these transactions. Those proceeds are then deposited into the Economic Development Fund upon receipt.

ITEM 13g: ADOPT RESOLUTION OPTING INTO SETTLEMENT AGREEMENT WITH

DISTRIBUTORS OF OPIOIDS, GROCERY CHAIN KROGER, AND FUTURE PROPOSED

OPIOD SETTLEMENTS
Q1: What is the estimated amount that the City is expected to receive from this settlement? A1: Based on the amount awarded to the State of California and our other settlement allocations, an estimate could be around $40,000 disbursed over 11 years. 1120
06/27/2024 Question & Answer Memo

ITEM 13j: AWARD CONTRACT TO PBK ARCHITECTS, INC., FOR ARCHITECTURAL DESIGN SERVICES OF FIRE STATION 33 AND 71 (CFA00017 & CFA00019) Q1: This item includes the recommendation to demolish and rebuild Station 71. Is this item intended to approve that recommendation? If so, could you provide more information on the following aspects:
a. What is the justification for this recommendation given that a rebuild costs $1,272,905 more than renovation?
b. What is the plan for timing and provision of services during the demolition and rebuild process?
c. How will service disruptions be managed, considering that renovations can be done in stages to minimize disruptions, whereas demolition and rebuild inherently include delays? A1: Staff estimates that the construction will take approximately 12-14 months. The current plan involves setting up temporary housing for both Fire Stations during this period to minimize impacts on response times. We considered moving staff to other Fire Stations and having FS 102 assist with calls from FS 67. However, current trends indicate that assistance from FS 102 to FS 71 will be limited. CalFire Chiefs support the recommendation for temporary housing.

FS 33 has ample space to accommodate a temporary site. However, FS 71 is located on a small parcel, making it impossible to host temporary housing and construction activities simultaneously.

Therefore, staff is exploring nearby city-owned lots for temporary housing, bays, and equipment during construction. The goal is to minimize impacts on response times as much as possible. Staff will continue to adjust this plan as the design progresses.

The renovations will involve the demolition and structural reconfiguration of the building's interior, making it unsafe for Cal Fire staff to work in the building during construction.

ITEM 13k: AWARD ON-CALL CONTRACTS TO MULTIPLE VENDORS FOR PARK AND

FACILITIES REPAIRS AND IMPROVEMENT PROJECTS
Q1: What has been the budgeted dollar amount for these CIP projects in previous years? This year's budget is $5.3 million.

A1: Although the on-call facilities maintenance and repair agreements can be utilized to complete task orders for capital projects, staff primarily utilize the agreements to accomplish updates on deferred maintenance or minor repair projects as needed. The budget for these agreements includes both capital and operations funding.

Previous fiscal years’ Park and Facilities CIP project budgets are below:
• Fiscal Year 24/25 $5.3 Million
• Fiscal Year 23/24 $4.0 Million, increased to $5.7
• Fiscal Year 22/23 $3.5 Million
• Fiscal Year 21/22 $2.0 Million
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06/27/2024 Question & Answer Memo

ITEM 13l: AWARD CONTRACT NO. C47680 TO JACOBSSON ENGINEERING CONSTRUCTION, INC., FOR THE EL PASEO CURB RAMP MODIFICATION PROJECT (PROJECT CST00025)
Q1: Can you provide the additional cost of undertaking this project as a standalone effort compared to incorporating it into the overall repaving scheduled for 2025? A1: Staff did not anticipate additional costs would be incurred by the City from splitting the project into two phases. The concrete work that will be constructed in Phase I of the project is typically performed by a subcontractor and the prime contractor marks up the subcontractors bid 10-15% to cover administration expenses related to the subcontract. By bidding the concrete work and the asphalt work separately staff expects the markup will be eliminated.

Q2: This item refers to curb and gutter work intended to be completed "in the summer of 2024." As it is now July 10th, could you please provide an updated timetable for this work? Given the current date, is it still feasible to complete the project within the summer timeframe? A2: The project will begin construction by August 1, 2024, and will be completed by September 15, 2024.The intent is to complete the project before the beginning of the busy season.

ITEM 13n: REJECT ALL PROPOSALS SUBMITTED FOR COURTESY PATROL SERVICES AT THE

HOUSING AUTHORITY PROPERTIES
Q1: Why did Courtesy Patrol Services decline to renew their contract? A1: The current service provider indicated that they are facing difficulties in securing the necessary insurance coverage, which has been an ongoing issue.

ITEM 13o: REJECT ALL BIDS, APPROPRIATE FUNDS, AUTHORIZE THE CITY MANAGER TO

AWARD A CONTRACT FOR THE CIVIC CENTER PARKING LOT REHABILITATION PROJECT IN AN AMOUNT NOT TO EXCEED $600,000
Q1: is this project for repaving or resealing/slurry?
A1: The entry/exit drive at Fred Waring is a re-pave, while the rest of the parking lot will be repaired as needed and slurry sealed. There is also a crosswalk near the Desert Recreation building that will be replaced with concrete. Please reference the “Area of Work Aerial” for further clarification.

ITEM 13s: 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 AND APPROPRIATE FUNDS
Q1: Can the language of the deliverables in Task 6 be revised to align with the broader scope described in the staff report, ensuring it includes collaboration with SunLine Transit Agency for a variety of public transit solutions, not just the evaluation of existing and proposed bus lines?
A1: This action will be included in Task 6 of the Scope of Work found in Exhibit A of the Professional Services Agreement. The formatting and text of the agreement for Task 6 has been revised to add a new bullet point for "Collaboration with SunLine Transit Agency ("STA") for a variety of public transit solutions". This will be in addition to the deliverable item for evaluation of existing and proposed bus lines. Staff has also revised task 3.1 to require collaboration with STA. 1122
06/27/2024 Question & Answer Memo

ITEM 14d: CONSIDERATION FOR APPROVAL OF A PORTION OF PUBLIC RIGHT-OF-WAY (EXPLORER DRIVE) IS “EXEMPT SURPLUS LAND” PURSUANT TO GOVERNMENT CODE SECTION 54221
Q1: Is this decision consistent with our previous surplus land/right-of-way decision that we voted on in South Palm Desert a few months ago?
A1: There is a small sliver of property that was missed in the original land sale to Refuge that needs to be addressed. Therefore, this portion of the city right-of-way was not in the City’s Central Inventory. The process will be consistent with the Surplus Land Act (SLA) requirements. Once the SLA process is cleared, the same per square foot charge will be applied to this property as was used in the initial sale.

ITEM 14e: ADOPT RESOLUTION APPROVING FINAL TRACT MAP NO. 38434-1 AND

AGREEMENTS
Q1: Could you provide the zoning rules that applied to the vacant land at the time when the property was developed and homes were sold on the south border of this development? Specifically, what was the maximum allowable height? Additionally, if there have been any changes to these zoning rules, when did they occur?
A1: In October 1995, during the original approval of residential Tract 28258, the vacant land ("Refuge Site") was designated PR-5 (Planned Residential 5 dwelling units/acre). The PR zoning designation allowed buildings up to two-stories with a maximum height of 24', with a minimum setback of 100' from the project perimeter for all two-story, detached, single-family structures.

In June 2012, as a requirement of State Housing Element law, the City approved a change of zone for a 38-acre portion of the Refuge Site from PR-5 to Planned Residential 20 dwelling units per acre (PR-20). The development standards for the PR zoning district did not substantially change until 2017.

In August 2017, as a part of a general plan consistency update, the City approved a change of zone for the entire vacant Refuge Site to PR-20 and amended the PR zoning district to allow threestory buildings with a maximum height to 40'-0", with a minimum setback of 100' from the project perimeter for all two-story, detached, single-family structures. 1123
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CITY OF PALM DESERT

PROFESSIONAL SERVICES AGREEMENT

1. Parties and Date. This Agreement is made and entered into this 11th 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("Consultant").

The City and Consultant 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 supply the services for the Project ("Services") as 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 07/11/2024
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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 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 as expeditiously as is required by the Schedule of Services and the standard of care applicable to Consultant’s Services. Upon reasonable 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 in accordance with this Agreement .

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 exercising that degree of care, skill, and diligence ordinarily exercised by professionals performing similar services in the same or similar locale and under similar circumstances that of Consultant under this Agreement . 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 1125
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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 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; (5) pandemics, epidemics or quarantine restrictions; or (6) any other causes beyond the reasonable control of the defaulting or delayed Party. 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. 1126
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3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement.

3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, 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 1127
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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.

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
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by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or 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 1129
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arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor 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.

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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 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. 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 performed in accordance with this Agreement to the date of termination, 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 1132
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other information within fifteen (15) days of the request, provided, however, City pays Consultant for its Services performed in accordance with this Agreement.

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 performed in accordance with this Agreement y, 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 1133
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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 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. 1134
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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 reasonable 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 negligent 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 reasonable 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 to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 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.
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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.

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 1136
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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 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:

Isra Shah
Best Best & Krieger LLP
City Attorney
FEHR &PEERS, an S Corporation
By:

Sarah Brandenberg
Vice President
By:

Lysa Wollard
Chief Financial Officer / Treasurer
QC: MN
Insurance:
_________
Initial Review
_________
Final Approval
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Contract No. C48060
Exhibit “A”
Revised 07-2023
BBK 72500.00001\32374915.1
EXHIBIT “A”

SCOPE OF SERVICES
The Consultant shall provide full professional services to assist the City of Palm Desert Development Services Staff with an update of the City’s Circulation Element, also known as the Mobility Element of the General Plan.

Task 1: Project Management
Task 1.1: Kick-Off Meeting
The consultant will work with the City’s Project Manager to schedule a project kickoff meeting.

The consultant 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. Additionally, the consultant will discuss contract management and invoicing to ensure timely submittal pf invoices in accordance with City requirements.

Task 1.2: Regular Project Meetings
Recurring monthly meetings will be scheduled between the consultant 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
The consultant will submit monthly progress reports and invoices. The progress reports will recap work associated with the monthly invoice.

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
The consultant’s initial review 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.

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. 1139
Contract No. C48060
Exhibit “A”
Revised 07-2023
BBK 72500.00001\32374915.1
The consultant will prepare a draft background technical report and submit it to the City for one round of consolidated comments.

Task 2.3: Safety Assessment
The consultant 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. The consultant will also work with the City to better understand and reference the City’s Vision Zero Strategy study.

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
The consultant will utilize either the latest version of the RIVCOM travel demand model or the previously developed City model for this effort. 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.

It is anticipated 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.

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
The consultant will meet with City Staff, and other agencies, to review transportation network issues and needs based on existing and expected network operations. This engagement must include collaboration SunLine Transit Agency for a variety of public transit solutions. Additionally, the consultant will hold one council workshop to review current issues and potential opportunities with various stakeholders.

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. The consultant 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 The consultant shall prepare updated 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. The consultant will review the City’s current Transportation Study Guidelines and state requirements provided by the Governor’s Office of Planning and Research. 1140
Contract No. C48060
Exhibit “A”
Revised 07-2023
BBK 72500.00001\32374915.1
The consultant 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. The consultant 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.

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
The consultant will model up to two roadway network changes. As part of this exercise, they will calculate the VMT changes associated with the roadway network alternatives.

Task 5.2: Roadway Classifications and Roadway Network Recommendations The consultant 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. The consultant 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, the consultant 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)
•Maximum allowable roadway cross sections
•Consistency with other state laws (e.g. SB 330, SB 35) •Coachella Valley Passenger Rail Service
•Transit System including an evaluation of existing and proposed transit lines •Collaboration with SunLine Transit Agency for a variety of public transit solutions •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). 1141
Contract No. C48060
Exhibit “A”
Revised 07-2023
BBK 72500.00001\32374915.1
The consultant will develop the initial policies and present these policies to City Staff for review.

The consultant 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:
1Draft Circulation Element Update and Implementation Matrix

2.Final Circulation Element Update Implementation Matrix Task 7: CEQA
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.

The project consultant shall prepare the necessary documentation to ensure compliance with the California Environmental Quality Act (CEQA). The Consultant shall prepare necessary steps for compliance with Senate Bill-18 Tribal Consultation. 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.
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Exhibit “B”
Revised 07-2023
BBK 72500.00001\32374915.1
EXHIBIT "B"

SCHEDULE OF SERVICES
(SEE FOLLOWING PAGE)
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Contract No. C48060
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. (SEE FOLLOWING PAGE)
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: July 11, 2024
PREPARED BY: Anthony J. Mejia, City Clerk
REQUEST: APPOINTMENT OF THE CITY COUNCIL LIAISON AND ALTERNATE

LIAISON TO THE LIBRARY ADVISORY COMMITTEE
RECOMMENDATION:

Appoint Councilmember Trubee as the City Council Liaison and Mayor Pro Tem Harnik as the Alternate Liaison to the Library Advisory Committee.

BACKGROUND/ANALYSIS:

Annually in December, the City Council appoints its members to serve as City Council Liaisons and Alternate Liaisons to the City’s Boards, Commissions, Committees, and Task Forces. On December 14, 2023, the City Council appointed Councilmember Trubee as the City Council Liaison and Mayor Pro Tem Harnik as the Alternate Liaison to the Library Task Force.

On May 9, 2024, the City Council adopted Ordinance No. 1413 establishing the Library Advisory Committee and set the sunset date for the Library Task Force as June 30, 2024. Consequently, it is necessary to appoint a new City Council Liaison and Alternate Liaison to the Library Advisory Committee. For continuity, it is recommended that the City Council appoint Councilmember Trubee as the City Council Liaison and Mayor Pro Tem Harnik as the Alternate Liaison to the Library Advisory Committee.

Legal Review:

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

FINANCIAL IMPACT:

There is no financial impact associated with this action. 1145
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: July 11, 2024
PREPARED BY: Kevin Swartz, Project Manager
REQUEST: APPROVE CHANGE ORDER NO. 2 TO CONTRACT NO. C44600 WITH GARLAND/DBS, INC., FOR ROOF REPAIRS AND RELATED SERVICES ON CITY-OWNED BUILDINGS TO INCREASE THE FY 2024-25 ANNUAL AMOUNT TO $3,500,000 (PROJECT NO. MFA00001)
RECOMMENDATION:

1. Approve Change Order No. 2 to Contract No. C44600 with Garland/DBS, Inc. for roof repairs and related services on City-owned buildings to increase the annual amount to 3,500,000 during Fiscal Year 2024-25.

2. Authorize the City Manager to review and execute amendments and any change orders per Section 3.30.170 of Ordinance No. 1335.

3. Authorize the City Manager to execute Change Order No. 2 to the agreement.

BACKGROUND/ANALYSIS:

The Facilities Division is responsible for roof repairs on all City-owned buildings including ancillary park amenities. Most of the City buildings were constructed 15 to 30 years ago, and maintenance staff and contractors have performed routine maintenance (cleanings) and repairs (cracks and leaks). Although immediate roofing issues can be addressed as emergency response, this can be difficult and time-consuming due to the limited availability of qualified companies to perform these services.

On December 15, 2022, the City Council approved Contract No. C44600 with Garland/DBS, Inc., which implemented a proactive approach for preventative and routine maintenance for roof repairs on all City-owned buildings in an amount not to exceed $250,000 per fiscal year. On April 27, 2023, the City Council approved Change Order No. 1 to Contract No. C44600, which increased the annual contract amount to $500,000. The contract term expires on June 30, 2026, and the City has the option to renew the contract for two additional one-year terms.

Garland has developed a program called the “Dry Zone”, that addresses roof repairs and maintenance work for various municipalities. This program has been successfully utilized by the City’s Housing Authority since 2016. Through a contract with Garland, each City-owned building roof condition will be assessed, and a report uploaded to the Roof Assessment Management Program (RAMP). Garland includes providing recommendations along with Task Order proposals by obtaining bids for specific projects to obtain the best value.

In 2023, City staff and Garland were successful in re-roofing three buildings:
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City of Palm Desert
Change Order No.2 to Contract No. C44600

In 2024, staff planned to schedule a one-year maintenance roof repair at various buildings.

However, due to the age of several buildings and lack of preventative maintenance over the years, several buildings are suffering with major cracks and several new leaks. Therefore, staff contacted Garland who obtained the following three (3) re-roof proposals based upon current market demands for the following buildings:

Desert Willow - Original roof 15 years old. The roof has had four (4) areas of leaks over the last three (3) years that have been repaired numerous times.

Company Cost
R&R Roofing $1,558,948
Commercial Roofing System $2,269,090
Chapman Coast Roof Co. $2,413,522
State Building - Original roof (1992). The roof has had several leaks and several repairs over the years.

Company Cost
R&R Roofing $1,181,557
Chapman Coast Roof Co. $1,184,886
Rite-Way Roof Inc. $1,284,237
Commercial Roofing System $1,621,203
Fire Station 67 - Original roof (1991). The roof has had several leaks and several repairs over the years.

Company Cost
R&R Roofing $253,875
Commercial Roofing System $441,168
Rite-Way Roof Inc. $477,346
These re-roofs are necessary to prevent further damage to the roofs, as well as potential damage to the interior of the buildings. Based on current contractors’ bids (materials and labor) as shown above, the lowest bids for all three buildings total $2,994,380.

On June 27, 2024, the City Council approved the FY 2024-25 budget, which includes funds for the re-roof of the three buildings under the Capital Improvement Project List for Fiscal Year (FY) 2024-25.

Building Cost Completion
City Hall $171,154 May 2023
Artists Council $296,969 June 2023
Henderson $109,479 December 2023
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City of Palm Desert
Change Order No.2 to Contract No. C44600

Garland’s Contract No. C44600 is for $500,000 annually. To accommodate all three (3) projects, staff is recommending increasing the annual contract amount for FY 2024-25, $3,000,000 for a total $3,500,000. The remaining $500,000 will be utilized for preventative maintenance and other unforeseen damage at the Portola Community Center, Aquatic Center, Fire Stations 33 and 71, and the Historical Society.

FINANCIAL IMPACT:

The approved Capital Improvement Project List for Fiscal Year 2024-25 includes funds in the amount of $3,925,000 for roofing improvements and repairs under the following accounts:

Location Account Budget Expenses Balance
Desert Willow 4414195-4809200 $1,900,000 $1,558,948
State Building 5104361-4400100 $1,250,000 $1,181,557
Fire Station 67 2304220-4400100 $275,000 $253,875
City Hall Roof Improvements 4504161-4400100 $300,000 $300,000 PM Srvs and As-needed Roof Repairs Various Accounts $200,000 $200,000 TOTAL $3,925,000 $3,494,380 $430,620
The balance may be reallocated as needed to other scheduled projects and/or emergency roofing repairs. Garland is currently conducting assessments of each the building’s roofs, so staff will allocate the funding as needed during each annual budget process. This does not mean the full amount of the contract will be allocated or expended each fiscal year.

ATTACHMENTS:

1. Contract Change Order No. 2 for C44600

2. Garland/DBS, Inc Desert Willow Proposal dated May 15, 2024

3. Garland/DBS, Inc State Building Proposal dated December 14, 2023

4. Garland/DBS, Inc Desert Willow Proposal dated May 15, 2024

5. C44600 Executed Agreement
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CITY OF PALM DESERT

CONTRACT CHANGE ORDER
Justification:

Contract No / P.O. #:

Change Order No.:

Contingency: YES NO
Account No.:

Project No.:

Vendor No.:

Description of Changes Decrease
In Contract Price
Increase
In Contract Price
Totals:

Net Change in Contract Price:

Original Contract Amount: +
Contingency: +
Total Budget Amount:

Less: Expend. / Encumb. To Date: -
Less: This Change Order Amount: -
Remaining for Project:

Contingency: +
Less: Prior Change Order(s): -
Less: This Change Order: -
Remaining of Contingency:
__________________________________________________________ dollars and ___/100 (___________) Revised Contract Total: ___________________________
Contractor shall construct, furnish all supervision, labor, services, equipment, and materials, and perform all work necessary or required to fully complete the changes to the Contract described in this Change Order for the amount agreed upon between the Contractor and the City of Palm Desert (“City”).

Contract Purpose:

Contractor Name:

C44600 2
✔
Multiple Accounts MFA00001 V0013070 Roof repairs and related services on City-owned buildings. Garland/DBS, Inc. Increase contract annual amount during Fiscal Year 24/25 to reroof the $ 3,000,000.00 Desert Willow Golf Resort, State Building, and Fire Station 67 roofs. $ 0.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 The roofs of the Desert Willow Golf Resort, State Building and Fire Station 67 require immediate attention to prevent further damage, not only to the roof, but interiors of the buildings as well. In order to perform said work, the total contract amount needs to be increased by $3,000,000 during Fiscal Year 2024/25. $ 250,000.00 $ 0.00 $ 250,000.00 $ 0.00 $ 500,000.00 -$ 3,250,000.00 $ 250,000.00 -$ 3,250,000.00 The amount of the contract will be increased by the sum of: Three Million 0 $ 3,000,000.00 $ 3,500,000.00 1151
Continued from Front
Contract No. _________ Contract Change Order No. ___
Contract Time Extension: __________________________
Contractor accepts the terms and conditions stated above as full and final settlement of any and all claims arising out of or related to the subject of this Change Order and acknowledges that the compensation (time and cost) set forth herein comprises the total compensation due for the work or change defined in the Change Order, including all impact on any unchanged work. Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the City from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related to the subject of the Change Order, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages. The adjustments to the Contract Price and Contract Time in this Change Order constitute the entire compensation and/or adjustment thereto due to Contractor, including but not limited to all direct, indirect, consequential, profit, labor, equipment, tools, idle time, incidentals, and overhead (field and home office) costs, due to Contractor arising out of or related to the change in the work covered by this Change Order. The Contractor hereby releases and agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of, or as a result of, this Change Order and/or its impact on the remainder of the work under the Contract. This Change Order will become a supplement to the Contract and all provisions will apply hereto.

1. REQUESTED BY: ______________________
Department Director 2. ACCEPTED BY: ______________________Contractor

3. CERTIFIED FUNDS

AVAILABLE
______________________
Finance Director 4. APPROVED BY: ______________________City Manager NOTE: No payments will be made prior
to City Manager or Council approval
QC: _____
C44600 2
N/A
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7. 8.

9. 10.

11. 12.

13. 14.

15. Date Submitted: 05/15/2024
Proposal #: 25-CA-240605
Replace any damaged substrate with same deck type, proceed with roofing after inspection.

MICPA # PW1925
CA General Contractor #:949380
Scope of Work:

Work Area Includes low slope, roofed walls, and pitched roof sections.

Tear off existing roof system down to substrate and dispose of properly.

Purchase orders to be made out to: Garland/DBS, Inc.

Please Note: The following budget/estimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Racine County, WI and OMNIA Partners, Public Sector (U.S. Communities). Garland/DBS, Inc. administered an informal competitive process for obtaining quotes for the project with the hopes of providing a lower market-adjusted price whenever possible.

Shingle Walls, replace with white PVC roofing and new counter flashing, roof up and over the wall. Install new edge metal and coping metal, color to be chosen from standard color chart.

Pitch pans are not allowed on this roofing project. Locations with multiple cables penetrating the decking fabricate and install a metal goose neck.

ROOFING MATERIAL AND SERVICES PROPOSAL
City of Palm Desert
Desert Willow Golf Course
38-995 Desert Willow Dr
Palm Desert, CA 92260
All drains must be tested before reroofing begins. If any drains are clogged, please notify the City immediately. Do not proceed until drains are fixed. Roofing contractor will be responsible for all drains to be in working condition once roof is complete. All drains missing strainers or that have plastic strainers are to be replaced with metal strainers.

Mechanically fasten Densdeck per IBC & CBC (ASCE 7-5) wind uplift calculations. Note to keep all surfaces clean and ready for next ply / step in process.

Provide Garland/DBS with sq. foot price for replacement of substrate Page 5. of bid package.

Absolutely no asbestos will be allowed in any products or form on this job.

Install new redwood blocking and clamps, where necessary to support conduit or cable.

Blocking should be secured to a 5/8” thick walk pad.

Install walk pads around all units and at roof hatch opening.

Install one coat of SA primer at ½ gallon a square over primed densdeck.

Install one layer of HPR SA FR Base Sheet. (Roll in with heavy roller) Install Cap Sheet StressPly SA FR Mineral. (Roll in with heavy roller) Garland/DBS, Inc.
3800 East 91st Street
Cleveland, OH 44105
Phone: (800) 762-8225
Fax: (216) 883-2055

16. 17.

18. 19.

20. 21.

22. 23.

24. Proposal Price Based Upon Market Experience: $ 1,558,948 1 R & R Roofing & Waterproofing Inc
2 Commercial Roofing Systems
3 Chapman Coast Roof CO., Inc.
12" X 12" X 1" Wood Deck Repair per Sq. Ft.

Additional Insulation Replacement per Sq. Ft.

Decking Replacement per Sq. Ft.

Tile roof sections, install R-Mer Seal underlayment and new tile. Tile to match as close as possible to current design and style.

Contractor to follow all currnet City, County, and State codes for re-roofing.

Contractor to fill in Garland supplied material quantities on the bid form page 6.

Three course around all drainage areas and add granuaels to fresh mastic.

Coat entire roof with Pyramic Plus LO Cool Roof coating. Coat (1.5) gallon per square per coat (2) coats required for a total of 3 gallons a square.

Coat drainage and waterways with Cool Sil silicone coating at 2 gallons a square 24 hrs after Pyramic installation. Add white minerals into wet silicone, non slip.

Contractor is responsible to insure that positive drainage is accomplished throughout the entire roofing area. Increase or add crickets & taper insulation as needed. Ponding water will be cause for rejection.

Seal all metal pans with White Knight and reinforce seams with polyester. $ 2,413,522
Potential issues that could arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications. This could range anywhere from wet insulation, to the replacement of deteriorated wood nailers. $ 7.70
$ 10.20
$ 7.70
Please Note – The construction industry is experiencing unprecedented global pricing and availability pressures for many key building components. Specifically, the roofing industry is currently experiencing long lead times and significant price increases with roofing insulation and roofing fasteners. Therefore, this proposal can only be held for 30 days. DBS greatly values your business, and we are working diligently with our long-term suppliers to minimize price increases and project delays which could effect your project. Thank you for your understanding and cooperation.

Garland/DBS Price Based Upon Local Market Competition:

Contractor Name - Unforeseen Site Conditions:
$ 1,558,948
$ 2,269,090
Note Section 3.8 Items C & D. Apply mastic to granuels at over lap points. (End and Side laps)

Clarifications/Exclusions:

1. 2.

3. 4.

5. Respectfully Submitted,
John Petersen
Garland/DBS, Inc.
(216) 302-3777
Any work not exclusively described in the above proposal scope of work is excluded.

Permits are excluded. If permits are required this will be addressed via change order.

Plumbing, Mechanical, Electrical work is excluded.

Masonry work is included to which it obtains to the scope of work.

Interior Temporary protection is excluded.

If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below.

John Petersen

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7. 8.

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Install Cap Sheet StressPly SA FR Mineral. (Roll in with heavy roller).

Install new coping cap system, metal color to be chosen from standard color chart.

Pitch pans are not allowed on this roofing project. Locations with multiple cables penetrating the decking fabricate and install a metal goose neck.

Provide Garland/DBS with sq. foot price for replacement of substrate Page 5. of bid package.

Absolutely no asbestos will be allowed in any products or form on this job.

Install new redwood blocking or Durablocks and clamps, where necessary to support conduit or cable. Blocking should be secured to a 5/8” thick walk pad.

Install walk pads around all units and at roof hatch opening. Do not block the flow of water.

Mechanically fasten Densdeck per IBC & CBC (ASCE 7-5) wind uplift calculations. Note to keep all surfaces clean, dry, and ready for the next steps in process.

Install one coat of SA primer at ½ gallon a square over primed densdeck.

Install one layer of HPR SA FR Base Sheet. (Roll in with heavy roller).

Note Section 3.8 Items C & D. Apply mastic to granuels at over lap points. (End and Side laps).

MICPA # PW1925
CA General Contractor #:949380
Scope of Work:

Work area includes all low slope roofing sections as reviewed at the job walk.

Tear off existing roof systems down to substrate and dispose of properly.

Purchase orders to be made out to: Garland/DBS, Inc.

Please Note: The following budget/estimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Racine County, WI and OMNIA Partners, Public Sector (U.S. Communities). Garland/DBS, Inc. administered an informal competitive process for obtaining quotes for the project with the hopes of providing a lower marketadjusted price whenever possible.

All drains must be tested before reroofing begins. If any drains are clogged, please notify the City immediately. Do not proceed until drains are fixed. Roofing contractor will be responsible for all drains to be in working condition once roof is complete.

Repalce all plastic or missing drains with new cast iron Zurn drainage system. All missing strainers or that have plastic strainers are to be replaced with metal strainers.

Date Submitted: 12/14/2023
Proposal #: 25-CA-23183
Garland/DBS, Inc.
3800 East 91st Street
Cleveland, OH 44105
Phone: (800) 762-8225
Fax: (216) 883-2055

ROOFING MATERIAL AND SERVICES PROPOSAL
City of Palm Desert
State Building
73720 Fred Waring Dr
Palm Desert, CA
Replace any damaged substrate with same deck type, proceed with roofing after inspectoin.

17. 18.

19. 20.

21. 22.

23. 24.

Proposal Price Based Upon Market Experience: $ 1,181,557 1 R & R Roofing and Waterproofing
2 Chapman Coast Roof Co., Inc
3 Riteway Roof Inc.
4 Commerical Roofing Systems, Inc.

Decking Replacement per Sq. Ft.

Seal all metal pans with White Knight and reinforce seams with polyester.

Install new roof hatches.

Contractor to fill in Garland supplied material quantities on the bid form page 6.

Clean up daily.

Three course around all drainage areas and add granuaels to fresh mastic.

Coat entire roof with Pyramic Plus LO Cool Roof coating. Coat (1.5) gallon per square per coat (2) coats required for a total of 3 gallons a square.

Coat drainage (1 square each) and waterways (2’ wide) with Cool Sil coating at 2 gallons a square 24 hrs after Pyramic installation. Install white minerals as needed for non slip next to Contractor is solely responsible to insure that positive drainage is accomplished throughout the entire roofing area. Ponding water will be cause for rejection. Increase or add crickets as $ 1,181,557
$ 1,184,886
$ 1,284,237
$ 1,621,203
Potential issues that could arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications. This could range anywhere from wet insulation, to the replacement of deteriorated wood nailers. $ 7.13
Please Note – The construction industry is experiencing unprecedented global pricing and availability pressures for many key building components. Specifically, the roofing industry is currently experiencing long lead times and significant price increases with roofing insulation and roofing fasteners. Therefore, this proposal can only be held for 30 days. DBS greatly values your business, and we are working diligently with our long-term suppliers to minimize price increases and project delays which could effect your project. Thank you for your understanding and cooperation.

Garland/DBS Price Based Upon Local Market Competition:

R & R Roofing - Unforeseen Site Conditions:
*Please note the proposal price listed above includes a $50,000 unforseen allowance.* *Please note the proposal price listed above does not include asbestos removal. *

Clarifications/Exclusions:

1. 2.

3. 4.

5. Respectfully Submitted,
John Petersen
Garland/DBS, Inc.
216-302-3777
If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below.

John Petersen
Any work not exclusively described in the above proposal scope of work is excluded.

Permits are excluded. If permits are required this will be addressed via change order.

Plumbing, Mechanical, Electrical work is excluded.

Masonry work is excluded.

Interior Temporary protection is excluded.

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3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

13. Replace any damaged substrate with same deck type, proceed with roofing after inspectoin.

Date Submitted: 05/15/2024
Proposal #: 25-CA-231014
Garland/DBS, Inc.
3800 East 91st Street
Cleveland, OH 44105
Phone: (800) 762-8225
Fax: (216) 883-2055

ROOFING MATERIAL AND SERVICES PROPOSAL
City of Palm Desert
Fire Station 67
73200 Mesa View Dr
Palm Desert, CA 92260
Install Cap Sheet StressPly SA FR Mineral. (Roll in with heavy roller) Install new coping cap system, metal to be chosen from standard color chart.

Absolutely no asbestos will be allowed in any products or form on this job.

All drains must be tested before reroofing begins. If any drains are clogged, please notify the City immediately. Do not proceed until drains are fixed. Roofing contractor will be responsible for all drains to be in working condition once roof is complete. All drains missing strainers or that have plastic strainers are to be replaced with metal strainers.

Mechanically fasten Densdeck per IBC & CBC (ASCE 7-5) wind uplift calculations. Note to keep all surfaces clean and ready for next ply / step in process.

MICPA # PW1925
CA General Contractor #:949380
Scope of Work: Fire Station 67
Work area includes low slope roofing.

Tear off existing roof systems down to substrate and dispose of properly.

Purchase orders to be made out to: Garland/DBS, Inc.

Please Note: The following budget/estimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Racine County, WI and OMNIA Partners, Public Sector (U.S. Communities). Garland/DBS, Inc. administered an informal competitive process for obtaining quotes for the project with the hopes of providing a lower marketadjusted price whenever possible.

Provide Garland/DBS with sq. foot price for replacement of substrate Page 5. of bid package.

Install new redwood blocking and clamps, where necessary to support conduit or cable.

Blocking should be secured to a 5/8” thick walk pad.

Install walk pads around all units and at roof hatch opening.

Install one coat of SA primer at ½ gallon a square over primed densdeck.

Install one layer of HPR SA FR Base Sheet. (Roll in with heavy roller)

14. 15.

16. 17.

18. 19.

20. 21.

22. Proposal Price Based Upon Market Experience: $ 253,875

1. R&R Roofing & Waterproofing Inc.

2. Commercial Roofing Systems Inc.

3. Rite-Way Roof Inc.

Decking Replacement per Sq. Ft.

Contractor is solely responsible to insure that positive drainage is accomplished throughout the entire roofing area. Ponding water will be cause for rejection. Increase or add crickets as Seal all metal pans with White Knight and reinforce seams with polyester.

Contractor to fill in Garland supplied material quantities on the bid form page 6.

Clean up daily
$ 253,875
$ 441,168
$ 477,346
Potential issues that could arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications. This could range anywhere from wet insulation, to the replacement of deteriorated wood nailers. $ 7.13
Please Note – The construction industry is experiencing unprecedented global pricing and availability pressures for many key building components. Specifically, the roofing industry is currently experiencing long lead times and significant price increases with roofing insulation and roofing fasteners. Therefore, this proposal can only be held for 30 days. DBS greatly values your business, and we are working diligently with our long-term suppliers to minimize price increases and project delays which could effect your project. Thank you for your understanding and cooperation.

Garland/DBS Price Based Upon Local Market Competition:

R&R Roofing & Waterproofing Inc. - Unforeseen Site Conditions:

Note Section 3.8 Items C & D. Apply mastic to granuels at over lap points. (End and Side laps) Three course around all drainage areas and add granuaels to fresh mastic.

Coat entire roof with Pyramic Plus LO Cool Roof coating. Coat (1.5) gallon per square per coat (2) coats required for a total of 3 gallons a square
Coat drainage and waterways with Cool Sil coating at 2 gallons a square 24 hrs after Pyramic installation.

Pitch pans are not allowed on this roofing project. Locations with multiple cables penetrating the decking fabricate and install a metal goose neck.

Clarifications/Exclusions:

1. 2.

3. 4.

5. Respectfully Submitted,
John Petersen
Garland/DBS, Inc.
216-302-3777
Any work not exclusively described in the above proposal scope of work is excluded.

Permits are excluded. If permits are required this will be addressed via change order.

Plumbing, Mechanical, Electrical work is excluded.

Masonry work is excluded.

Interior Temporary protection is excluded.

If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below.

John Petersen

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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: July 11, 2024
PREPARED BY: Neal Ennis, Project Manager
REQUEST: RATIFY AMENDMENT NO. 3 AND AMENDMENT NO. 4 TO CONTRACT C37870A WITH KOA CORPORATION FOR PROFESSIONAL
ENGINEERING SERVICES IN A TOTAL AMOUNT OF $127,640 FOR
HAYSTACK TRAFFIC CALMING PHASE 2 AND PD LINK PHASE 2
(PROJECT CST00006 & PROJECT CST00005)
RECOMMENDATION:

1. Ratify Amendment No. 3 to contract C37870A with KOA Corporation in the amount of $103,685.00.

2. Ratify Amendment No. 4 to contract C37870A with KOA Corporation in the amount of $23,955.00.

3. Authorize City Manager to review and approve written requests for use of contingency per Section 3.30.170B of the Palm Desert Municipal Code.

4. Authorize City Manager to execute amendments and any documents necessary to effectuate the actions taken herewith.

BACKGROUND/ANALYSIS:

In May of 2020, the City Council awarded Contract C37870A to KOA Corporation for professional engineering services associated with PD Link Phase 2 (Project CST00005). In May 2021, City Staff amended this contract to include the Haystack Road Traffic Calming and Safety Improvements (Amendments 1&2/Project CST00006). During the design of the projects, staff received feedback from residents and the biking community, which prompted a redesign to reduce the complexity of the projects. The projects were scaled back from Class IV cycle track (CV Link style cycle track) to buffered bike lanes.

Amendment Nos. 3 and 4 change the design of the bike lanes from having raised medians separating vehicular traffic from the bicycle and golf cart lanes. The revised design will use buffered striping to delineate the bike lanes. Several factors led to the conclusion that the bike lanes should be changed from a Class IV cycle track to buffered bike lanes. The original concept would have resulted in the loss of one driving lane along eastbound El Paseo from Painter’s Path to Highway 74. In addition, the cycle track would have complicated the flow of traffic at the intersection of El Paseo and Painters Path necessitating the installation of a stop sign. Finally, members of the bicycle community preferred buffered bike lanes rather than the Class IV style cycle track for this location. The Amendments were approved exceptions pursuant to Section

3.30.170 (c ) of the municipal code, therefore staff recommends ratification of the approved amendments.
1191
City of Palm Desert
Ratify Amendment No. 3 and Amendment No. 4 to Contract C37870A

Legal Review:

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

FINANCIAL IMPACT:

Funds have been allocated in Measure A Account No. 214670-5000202 for the contract amendments. There is no impact to the General Fund with this action.

ATTACHMENTS:

1. C37870A Contract Amendment No. 3

2. C37870A Contract Amendment No. 4
Project Funding Source Year Description Amount
Contract No. C37870A New Construction Tax FY20/21 PD Link Design $720,431.00 Amendment No. 1 Measure A FY21/22
Haystack Road Traffic
Calming Study $99,897.00
Amendment No. 2 Measure A FY21/22
Haystack Road Traffic
Calming Design $229,122.96
Amendment No. 3 Measure A FY23/24
PD Link Class II Bike
Lane Conversion $103,685.00
Amendment No. 4 Measure A FY23/24
PD Link Class II Bike
Lane Conversion $23,955.00
Total Project Cost $1,177,090.96
1192
Contract No. C37870A

BBK 72500.00001\32445060.1
AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT, C37870

BETWEEN THE CITY OF PALM DESERT AND KOA CORPORATION

1. Parties and Date.

This Amendment No. 3 to the made and entered into as of this 12th day of March 2024, by and between the City of Palm Desert (“City”) and KOA Corporation, a Corporation, with its principal place of business at 1100 Corporate Center Drive Suite 201, Monterey Park, CA 91754 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Recitals.

2.1 Agreement. The City and KOA Corporation have entered into an agreement entitled “Professional Services Agreement, C37870” dated May 28, 2020 (“Agreement” or “Contract”) for the purpose of retaining the services of KOA Corporation to provide Engineering and Design Services.

2.2 Amendment No. 1. The City and KOA CORPORATION amended the Agreement to update scope of work and increase compensation. The Parties have heretofore entered into that Amendment No.1 dated May 13, 2021.

2.2 Amendment No. 2. The City and KOA CORPORATION amended the Agreement to update scope of work and increase compensation. The Parties have heretofore entered into that Amendment No.2 dated December 16, 2021.

2.2 Amendment No. 3. The City and KOA CORPORATION desire to amend the Agreement to extend term and increase compensation.

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

3.6.14 of the Agreement.

3. Terms.

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

Term. The term of this Agreement shall be from January 1, 2024, to December 31, 2024, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.

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

Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibits "3A-1", “3A-2”, and “3A-3” attached hereto and incorporated herein by reference. The total compensation shall not exceed One Million One Hundred Fifty-Three Thousand One Hundred and Thirty- Five Dollars and 96/100 Cents ($1,153,135.96) without written approval of the City Council or City Manager, as applicable.

DocuSign Envelope ID: 0FCA0783-4AA7-4BA4-9407-0EC9C0B2327F 1193
Contract No. C37870A

BBK 72500.00001\32445060.1

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

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3.

3.4 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Counterparts. This Amendment No. 3 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 0FCA0783-4AA7-4BA4-9407-0EC9C0B2327F 1194
Contract No. C37870A

BBK 72500.00001\32445060.1
SIGNATURE PAGE FOR AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT, C37870 BETWEEN THE CITY OF PALM DESERT

AND KOA CORPORATION
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 3 to the PROFESSIONAL SERVICES AGREEMENT, C37870 as of the day and year first above written.

CITY OF PALM DESERT
By:

L. Todd Hileman
City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney

KOA CORPORATION, A CORPORATION
By:

Giuseppe Canzonieri, PE
Director of Engineering
By:

Tom Bacus, PE
Operations Manager

QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
DocuSign Envelope ID: 0FCA0783-4AA7-4BA4-9407-0EC9C0B2327F 1195

CITY OF PALM DESERT
Class
II Bike Lanes on Town Center Wy & El Paseo MC32063
5095 Murphy Canyon Road, Suite 330, San Diego, CA 92123 T: (619) 683-2933 | F: (619) 683-7982 | www.koacorp.com

MONTEREY PARK ORANGE ONTARIO SAN DIEGO CULVER CITY
August 25, 2023
Mr. Neal Ennis
Project Manager
City of Palm Desert
73510 Fred Waring Drive,
Palm Desert, California 92260
Subject: Engineering Services Proposal for PD Link Project Addendum No. 1 - Class II Bike Lane Conversion
Dear Mr. Ennis:

KOA Corporation (KOA) is submitting the enclosed proposal to provide additional engineering services for the PD Link Project in the City of Palm Desert. Under the current contract, KOA has completed and submitted the 100% plans, specifications, and cost estimates (PS&E) to the City. The City of Palm Desert has requested a proposal to redesign the Class IV two-way cycle track to Class II bike lanes as an alternative PS&E package. The enclosed proposal presents our scope of work and fee estimate.

PROJECT UNDERSTANDING
The alternative Class II design concept will consider improvements within the existing right-of-way; however innovative and effective alignments and treatments like rectangular rapid flashing beacons (RRFB’s) to connect the Class II bike lanes with a crossing at Painter’s Path with the Class IV on Painter’ Path. For most of the project limits it is anticipated that there is enough paved width to accommodate the Class II section of six-foot bike/golf cart lanes on both sides of the corridor with a maximum three-foot buffer while keep the existing lanes configuration with some minor narrowing of the lanes. For the section north of Painters Path to Hanh Road on the east side, is not enough curb width to design the buffered bike lanes. For this reason, we propose providing a buffer where possible. The concept is shown in figure 1 below.

Figure 1 – Concept - Town Center Way from Hahn Rd. to Hwy 111 The City’s General Plan calls out Town Center Way car centric, the city will have to amend the general plan to add Class II along both these segments, just as it was for Class IV as noted below.

Exhibit 3A - 1
DocuSign Envelope ID: 0FCA0783-4AA7-4BA4-9407-0EC9C0B2327F 1196

CITY OF PALM DESERT Page 2
Class II Bike Lanes on Town Center Wy & El Paseo MC32063 5095 Murphy Canyon Road, Suite 330, San Diego, CA 92123 T: (619) 683-2933 | F: (619) 683-7982 | www.koacorp.com

MONTEREY PARK ORANGE ONTARIO SAN DIEGO CULVER CITY
Figure 2 - Class 2 Bike Lane segments
Per the City’s request, the design shall be performed to ensure compliance with all applicable Federal, State, and Local codes, standards, and regulations. Including the CA-MUTCD revision 7 or latest, and NACTO Manuals.

SCOPE OF WORK
The following work would be performed for the project:
• Task 1: Project Management
Our Project Management services will include:
 Attend a virtual kick-off meeting with the City’s Project Manager and key staff to review the project in detail and discuss the City’s requirements. We want to make sure everyone involved on our team understands the work scope, schedule, budget, and other important requirements to make the project a success.
 Ensure the scope of services is completed in a timely and professional manner.  Attend up to three (3) virtual meetings with City staff at the 60%, 90%, and 100% design stages.  Maintain communication with the City’s Project Manager throughout the duration of the project including PS&E package status, meeting agendas and minutes, schedule updates, action items, etc.  Maintain the project schedule, update it regularly to reflect any significant changes in the project and keep the city informed of these changes.
 Coordinate with the City’s Project Manager to resolve project related issues in a timely manner. Potential complex issues will be brought to the attention of the City’s Project Manager as soon as possible.  Coordinate and manage KOA’s sub-consultants.
 Project design review.

Exhibit 3A - 1
DocuSign Envelope ID: 0FCA0783-4AA7-4BA4-9407-0EC9C0B2327F 1197

CITY OF PALM DESERT Page 3
Class II Bike Lanes on Town Center Wy & El Paseo MC32063 5095 Murphy Canyon Road, Suite 330, San Diego, CA 92123 T: (619) 683-2933 | F: (619) 683-7982 | www.koacorp.com

MONTEREY PARK ORANGE ONTARIO SAN DIEGO CULVER CITY
• Task 2: Preliminary Engineering - Conceptual design (Basis of Design, Field Survey & As-Builts). • Task 3: Cost Estimate, and Special Provisions for City Specifications. • Task 4: Prepare 65% Plans, Specifications and Estimate (revise Three Signal Mods. for loop placements with narrowed lanes, prepare new Signing & Striping Plans for Class II bike lanes within project limits, revise signal sheets indicating traffic signal general notes or show new vehicle and bike loops on striping sheets, construction notes, typical details, the phasing plan, conductor schedule, push buttons, the traffic signal modification needed and project vicinity map. Including the CEQA Environmental document revision from Terra Nova.
• Task 5: 95% Plans, with Specs & Estimate
KOA will review the 65% plans, specifications, and estimates comments and coordinate any remaining issues with the city staff. We will revise the 95% submittal package accordingly and submit the final signed street improvement, signing & striping, traffic signal/loop restoration, final technical specifications, and final engineer’s estimate to the City for review and approval. We have assumed no additional revisions will be required.
• Task 6: 100% Plans, with Specs & Estimate, including CEQA CE Environmental Document.

Optional:
 Construction Phase services can be added as an optional task.

EXCLUSIONS:
 Any new Traffic Signal Timing sheets, General Plan Amendment services or additional services beyond those listed above.
 Any additional ADA Ramps, and transition panels beyond the two ramps at El Paseo & Painters Path crossing. Any additional street improvement design will be excluded.  The plans are in plan view only for the Class II bike lanes, no new cross sections will be developed, unless a median is being modified.

FEE ESTIMATE
KOA will perform the work specified in the scope above based on a lump sum fee of $61,595.

The fee is based upon the work scope and level of effort presented above and includes the cost of all related technical and administrative services. The work scope is considered complete upon submittal of final documents by KOA. Any additional services beyond the original scope submittal requested will be considered as extra work and those fees will be negotiated prior to start of work and secured in writing.

Exhibit 3A - 1
DocuSign Envelope ID: 0FCA0783-4AA7-4BA4-9407-0EC9C0B2327F 1198

CITY OF PALM DESERT Page 4
Class II Bike Lanes on Town Center Wy & El Paseo MC32063 5095 Murphy Canyon Road, Suite 330, San Diego, CA 92123 T: (619) 683-2933 | F: (619) 683-7982 | www.koacorp.com

MONTEREY PARK ORANGE ONTARIO SAN DIEGO CULVER CITY
If the work described within this letter is not authorized in 30 days, if changes occur in the work scope or level of effort, or if our work is suspended for more than 180 days due to any circumstances beyond KOA’s control, we reserve the right to revise the work scope, budget and schedule to reflect current conditions. Such revisions will be effected through mutually agreed upon amendments or modifications to this agreement.

WORK SCHEDULE
KOA envisions the delivery of the PS&E to conform to the accelerated timeline per city’s requirements for 100% delivery by late November 2023. Incorporation of comments can be accomplished within two weeks. For each plan check level 65%, 95% and the final 100% returned by the city within two weeks.

Description Duration
Concept Submittal Package - early September 1 week
City Review – mid September 1 week
65% Submittal Package – end September 2 weeks
City Review – Mid October 2 weeks
95% Submittal Package - end October 2 weeks
City Review – Mid November 2 weeks
100% Signed Submittal Package – end of November 1 week
KOA is not responsible for delays caused by factors beyond KOA’s reasonable control, including but not limited to delays because of strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of any governmental or other regulatory authority to act in a timely manner, failure of the Client to furnish timely information or approve or disapprove of the KOA’s services or work product promptly, or delays caused by faulty performance by the Client or by other consultants or contractors of any level. When such delays beyond KOA’s reasonable control occur, the Client agrees the KOA is not responsible for damages, nor shall KOA be deemed to be in default of this Agreement.

The laws of the State of California will govern the validity of this Agreement, its interpretation and performance.

Any litigation arising in any way from this Agreement shall be brought in the courts of that State.

Exhibit 3A - 1
DocuSign Envelope ID: 0FCA0783-4AA7-4BA4-9407-0EC9C0B2327F 1199

CITY OF PALM DESERT Page 5
Class II Bike Lanes on Town Center Wy & El Paseo MC32063 5095 Murphy Canyon Road, Suite 330, San Diego, CA 92123 T: (619) 683-2933 | F: (619) 683-7982 | www.koacorp.com

MONTEREY PARK ORANGE ONTARIO SAN DIEGO CULVER CITY
All of the individuals named in the proposal are ready to commit to begin work upon Notice to Proceed. We are excited about the opportunity to work with the City of Palm Desert on these services. Should you have any questions, please feel free to call me on (858) 300-8960.

AUTHORIZATION
We understand a formal NTP will be issued as the official approval for this proposal under the existing contract.

Sincerely,
KOA | A Lochner Company
Shirjeel Muhammad, MS, PE. Engineering Manager
Exhibit 3A - 1
DocuSign Envelope ID: 0FCA0783-4AA7-4BA4-9407-0EC9C0B2327F 1200
Exhibit 3A -2
DocuSign Envelope ID: 0FCA0783-4AA7-4BA4-9407-0EC9C0B2327F 1201
Exhibit 3A -2
DocuSign Envelope ID: 0FCA0783-4AA7-4BA4-9407-0EC9C0B2327F 1202
Exhibit 3A -2
DocuSign Envelope ID: 0FCA0783-4AA7-4BA4-9407-0EC9C0B2327F 1203
Exhibit 3A -2
DocuSign Envelope ID: 0FCA0783-4AA7-4BA4-9407-0EC9C0B2327F 1204
Class II Bike Lanes Town Center & El Paseo Page 1
City of Palm Desert X00022937
5095 Murphy Canyon Road, Suite 330, San Diego, CA 92123 T: (619) 683-2933 | F: (619) 683-7982 | www.koacorp.com

MONTEREY PARK ORANGE ONTARIO SAN DIEGO CULVER CITY
February 22, 2024
Mr. Neal Ennis
Project Manager
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
Subject: Engineering Services Proposal for PD Link Project Addendum No. 2 - Class II Bike Lane Conversion and Bulb-out Design Dear Mr. Ennis:

KOA Corporation (KOA) is submitting the enclosed proposal to provide additional engineering services for the PD Link Project in the City of Palm Desert. Under the current contract, KOA had completed and submitted the 100% plans, specifications, and cost estimates (PS&E) to the City. Through a separate amendment KOA is currently redesigning the Class IV two-way cycle track to Class II bike lanes as an alternative PS&E package and the plans are currently at the 60% design level. After evaluating the intersection of El Paseo/Painters Path for an All-Way Stop control it was determined that bulbouts would be an appropriate safety feature to include at the intersection. The enclosed proposal presents our scope of work and fee estimate for the bulb-out design.

PROJECT UNDERSTANDING
The alternative Class II design will consider improvements within the existing right-of-way; however, after evaluating the intersection for an All-Way Stop, and a conceptual bulb-out layout, it was decided to place the crosswalk on the north side with an All-Way Stop control. This design was considered safer than the south side with the rectangular rapid flashing beacons (RRFB’s) to connect the Class II bike lanes with a crossing at Painter’s Path with the Class IV on Painter’s Path. Below is the conceptual design for the intersection. The orange circled ramps were included in the last proposal, the 4 new ramps for the bulb-outs (red ovals) and the and the northwest corner curb ramp at Hahn Road and Town Center Way traffic signal (red oval) location will need to be designed.

Figure 1 – Concept – El Paseo/Painter’s Path Bulb-outs & ramps Exhibit 3A - 3
DocuSign Envelope ID: 0FCA0783-4AA7-4BA4-9407-0EC9C0B2327F 1205
Class II Bike Lanes Town Center & El Paseo Page 2
City of Palm Desert X00022937
5095 Murphy Canyon Road, Suite 330, San Diego, CA 92123 T: (619) 683-2933 | F: (619) 683-7982 | www.koacorp.com

MONTEREY PARK ORANGE ONTARIO SAN DIEGO CULVER CITY
Figure 2 – Hahn Rd/Town Center Way N/W Ramp redesign.

SCOPE OF WORK
TASK 1 – STREET IMPROVEMENT PLANS
KOA will prepare street improvement plans to accommodate the design of two (2) bulb-outs at the intersection of El Paseo and Painter’s Path as well as one (1) curb ramp on the northwest corner of Hahn Road and town Center Way. The street improvement plans for the proposed bulb-outs (curb ramps included) and additional curb ramp will be prepared at 1”=5’ scale. The plans will contain a detailed horizontal layout, elevations and grades, construction notes, and applicable details. Vertical profiles are excluded from our scope of work. Street improvement plans will be submitted at the 90% and 100% design stages.

TASK 2 - SPECIFICATIONS
KOA will update the technical specifications to include the proposed street improvements. Specifications will be submitted at the 90% and 100% design stages.

TASK 3 – COST ESTIMATES
KOA will update the cost estimates to include the proposed street improvements. Cost estimates will be submitted at the 90% and 100% design stages.

TASK 4 – PROJECT MANAGEMENT
KOA will coordinate with City staff regarding project design matters. We will attend one (1) design submittal meeting with the City.

Exhibit 3A - 3
DocuSign Envelope ID: 0FCA0783-4AA7-4BA4-9407-0EC9C0B2327F 1206
Class II Bike Lanes Town Center & El Paseo Page 3
City of Palm Desert X00022937
5095 Murphy Canyon Road, Suite 330, San Diego, CA 92123 T: (619) 683-2933 | F: (619) 683-7982 | www.koacorp.com

MONTEREY PARK ORANGE ONTARIO SAN DIEGO CULVER CITY

FEE ESTIMATE
KOA will perform the work specified in the scope above based on a lump sum fee of $36,290.00 as shown below:

The fee is based upon the work scope and level of effort presented above and includes the cost of all related technical and administrative services. The work scope is considered complete upon submittal of final documents by KOA. Any additional services beyond the original scope submittal requested will be considered as extra work and those fees will be negotiated prior to start of work and secured in writing.

If the work described within this letter is not authorized in 30 days, if changes occur in the work scope or level of effort, or if our work is suspended for more than 180 days due to any circumstances beyond KOA’s control, we reserve the right to revise the work scope, budget and schedule to reflect current conditions. Such revisions will be effected through mutually agreed upon amendments or modifications to this agreement.

WORK SCHEDULE
KOA envisions the delivery of the PS&E to conform to the accelerated timeline per city’s requirements for 100% delivery by mid-March 2024. Incorporation of comments can be accomplished within two weeks. We have assumed the City will return plan check comments within two weeks of receiving the plan submittal.

KOA is not responsible for delays caused by factors beyond KOA’s reasonable control, including but not limited to delays because of strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of any governmental or other Exhibit 3A - 3
DocuSign Envelope ID: 0FCA0783-4AA7-4BA4-9407-0EC9C0B2327F 1207

Class II Bike Lanes Town Center & El Paseo Page 4
City of Palm Desert X00022937
5095 Murphy Canyon Road, Suite 330, San Diego, CA 92123 T: (619) 683-2933 | F: (619) 683-7982 | www.koacorp.com

MONTEREY PARK ORANGE ONTARIO SAN DIEGO CULVER CITY
regulatory authority to act in a timely manner, failure of the Client to furnish timely information or approve or disapprove of the KOA’s services or work product promptly, or delays caused by faulty performance by the Client or by other consultants or contractors of any level. When such delays beyond KOA’s reasonable control occur, the Client agrees the KOA is not responsible for damages, nor shall KOA be deemed to be in default of this Agreement.

The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in the courts of that State.

All of the individuals named in the proposal are ready to commit to begin work upon Notice to Proceed. We are excited about the opportunity to work with the City of Palm Desert on these services. Should you have any questions, please feel free to call me on (858) 300-8960.

AUTHORIZATION
We understand a formal NTP will be issued as the official approval for this proposal under the existing contract.

Sincerely,
KOA | A Lochner Company
Giuseppe Canzonieri, PE
Principal | Director of Engineering
Exhibit 3A - 3
DocuSign Envelope ID: 0FCA0783-4AA7-4BA4-9407-0EC9C0B2327F 1208
Contract No. C37870A

BBK 72500.00001\32445060.1
AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE

CITY OF PALM DESERT AND KOA CORPORATION

1. Parties and Date.

This Amendment No. 4 to the made and entered into as of this 7th day of June, 2024, by and between the City of Palm Desert (“City”) and KOA Corporation, a Corporation, with its principal place of business at 1100 Corporate Center Drive Suite 201, Monterey Park, CA 91754 ("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. Recitals.

2.1 Agreement. The City and KOA Corporation have entered into an agreement entitled “PROFESSIONAL SERVICES AGREEMENT” dated May 28, 2020 (“Agreement” or “Contract”) for the purpose of retaining the services of KOA Corporation to provide Engineering and Design Services.

2.2 Amendment No. 1. The City and KOA CORPORATION amended the Agreement to update scope of work and increase compensation. The Parties have heretofore entered into that Amendment No.1 dated May 13, 2021.

2.3 Amendment No. 2. The City and KOA CORPORATION amended the Agreement to update scope of work and increase compensation. The Parties have heretofore entered into that Amendment No.2 dated December 16, 2021.

2.4 Amendment No. 3. The City and KOA CORPORATION desire to amend the Agreement to extend term and increase compensation. The Parties have heretofore entered into that Amendment No.3 dated March 12, 2024.

2.5 Amendment No. 4. The City and KOA CORPORATION desire to amend the Agreement to increase compensation by $23,955.00 (Exhibit 3A-4).

2.6 Amendment Authority. This Amendment No. 4 is authorized pursuant to Section

3.6.14 of the Agreement.

3. Terms.

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

Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibits "3A-1", “3A-2”, “3A-3”, and “3A-4” attached hereto and incorporated herein by reference. The total compensation shall not exceed One Million One Hundred Seventy-Seven Thousand Ninety Dollars and 96/100 Cents ($1,177,090.96) without written approval of the City Council or City Manager, as applicable.

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 4, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 4. From and after the date of this Amendment No. 4, DocuSign Envelope ID: 5257FD20-7B01-4A21-A422-5C0285B3778C 1209
Contract No. C37870A

BBK 72500.00001\32445060.1
whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 4.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 4.

3.4 Severability. If any portion of this Amendment No. 4 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Counterparts. This Amendment No. 4 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 5257FD20-7B01-4A21-A422-5C0285B3778C 1210
Contract No. C37870A

BBK 72500.00001\32445060.1
SIGNATURE PAGE FOR AMENDMENT NO. 4 TO PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF PALM DESERT

AND KOA CORPORATION
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 4 to the PROFESSIONAL SERVICES AGREEMENT as of the day and year first above written.

CITY OF PALM DESERT
By:

L. Todd Hileman
City Manager
Attest:

By:

Anthony J. Mejia
City Clerk
Approved as to form:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney

KOA CORPORATION, A CORPORATION
By:

Marvin Thomas
West Region Director
By:

Thomas Bacus
Western Region Operations Manager
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
DocuSign Envelope ID: 5257FD20-7B01-4A21-A422-5C0285B3778C 1211
Class II Bike Lanes Town Center & El Paseo Page 1
City of Palm Desert X00022937
5095 Murphy Canyon Road, Suite 330, San Diego, CA 92123 T: (619) 683-2933 | F: (619) 683-7982 | www.koacorp.com

MONTEREY PARK ORANGE ONTARIO SAN DIEGO CULVER CITY
2 April 29, 2024
Mr. Neal Ennis
Project Manager
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
Subject: Engineering Proposal for PD Link Project Addendum No. 4 for Class II Bike Lane Conversion on Painter’s Path from the Class IV
Dear Mr. Ennis:

KOA Corporation (KOA) is submitting the enclosed proposal to provide additional engineering services for the PD Link Project in the City of Palm Desert. Under the current contract, KOA had completed and submitted 100% plans, specifications, and cost estimates (PS&E) to the City. Through a separate amendment KOA is currently redesigning the Class IV two-way cycle track to Class II bike lanes as an alternative PS&E package and the plans are currently at the 60% design level. After evaluating the intersection of El Paseo/Painter’s Path for an All-Way Stop control it was determined that bulb- outs would be an appropriate safety feature to include at the intersection. However, after further city staff evaluation, that work has now been eliminated, and has asked KOA to revise the design. The enclosed proposal presents our scope of work and fee estimate.

PROJECT UNDERSTANDING
The City has requested the design be revised to keep the Class II bike lanes along Painter’s Path between El Paseo and Edgehill Dr. within the existing right-of-way and design a “right out only” at the mall driveway.

Figure 1 – Painter’s Path Class 4 design revised to Class 2 Bike Lanes on northside and Sharrows on southside.

Sharrows e/b
Replace Class 4 to keep existing Class 2 w/b
DocuSign Envelope ID: 5257FD20-7B01-4A21-A422-5C0285B3778C 1212
Class II Bike Lanes Town Center & El Paseo
City of Palm Desert

X00022937

SCOPE OF WORK
TASK 1 – PROJECT MANAGEMENT
KOA will coordinate with City staff regarding project design matters. We will attend two (2) design submittal meetings with the City.

TASK 2 – 90% SUBMITTAL

DESIGN PLANS
KOA will prepare street improvement plan and signing and striping plans to accommodate the design as described in project understanding. Our scope of work includes the intersection of El Paseo & Painters Path and segment length to Edgehill Drive;
• Revise typical cross-sections on the signing & striping plans for Painter’s Path. • Remove all proposed work as designed, Class 4 bike facility, bulb-outs, all-Way stops and curb ramps. • Design a Class II bike lane westbound and Class III bike facility eastbound.

The plans will contain a detailed horizontal layout, construction notes, and applicable details. Street improvement and signing and striping plans will be submitted at the 90% and 100% design stages. Environmental documentation for Categorical Exemption will be updated to describe the project.

SPECIFICATIONS
KOA will update the technical specifications to include the proposed signing and striping plans and revised street improvements. Specifications will be submitted at the 90% and 100% design stages.

COST ESTIMATES
KOA will update the cost estimates to include the proposed signing and striping and revised street improvements. Cost estimates will be submitted at the 90% and 100% design stages.

TASK 3 – 100% SUBMITTAL
KOA will review the comments provided by the City on the plans, specifications, and estimates (PS&E) and coordinate any arising issues with the City. We will revise the submittal package accordingly and submit the final signed signing & striping plans, specifications, and cost estimates to the City for approval.

DocuSign Envelope ID: 5257FD20-7B01-4A21-A422-5C0285B3778C 1213
Class II Bike Lanes Town Center & El Paseo
City of Palm Desert

X00022937

FEE ESTIMATE
KOA will perform the work specified in the scope above based on a lump sum fee of $23,955.00 as shown below:

The fee is based upon the work scope and level of effort presented above and includes the cost of all related technical and administrative services. The work scope is considered complete upon submittal of final documents by KOA. Any additional services beyond the original scope submittal requested will be considered as extra work and those fees will be negotiated prior to start of work and secured in writing.

If the work described within this letter is not authorized in 30 days, if changes occur in the work scope or level of effort, or if our work is suspended for more than 180 days due to any circumstances beyond KOA’s control, we reserve the right to revise the work scope, budget and schedule to reflect current conditions. Such revisions will be effected through mutually agreed upon amendments or modifications to this agreement.

WORK SCHEDULE
KOA envisions the delivery of the PS&E to conform to the accelerated timeline per city’s requirements for 100% delivery by mid-May 2024. Incorporation of comments can be accomplished within two weeks. We have assumed the city will return plan check comments within two weeks of receiving the plan submittal.

AUTHORIZATION
We understand a formal NTP will be issued as the official approval for this proposal under the existing contract.

Sincerely,
KOA | A Lochner Company
Giuseppe Canzonieri, PE
Principal | Director of Engineering
Principal I
Project
Manager II Engr. Assoc II
Project
Support
Specialist II
$300.00 $240.00 $155.00 $115.00 Direct Costs
Task 1: Project Management 8 7 15 $2,725.00
Task 2: 90% Submittal 4 16 55 75 $13,565.00
Task 3: 100% Submittal 2 12 27 41 $7,665.00
TOTAL 6 36 82 7 $0.00 131 $23,955.00

CITY OF PALM DESERT - STREET IMPROVEMENTS, SIGINING AND STRIPING FOR PD LINK REVISIONS PROJECT FEE Total
Hours
Cost
TASK
DocuSign Envelope ID: 5257FD20-7B01-4A21-A422-5C0285B3778C 1214

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: July 11, 2024
PREPARED BY: Erica Powell, Management Analyst
REQUEST: APPROVE SAN PABLO PHASE II ROUNDABOUT ARTWORK ON SAN

PABLO AVE AND EAST ENTRANCE TO COLLEGE OF THE DESERT
RECOMMENDATION:

1. Approve Agreement, in substantial form, for design, engineering, fabrication, and delivery of the sculpture titled Dueling Palms as proposed by artist Kyle Absolom in an amount not to exceed $169,500.

2. Authorize the City Manager to execute the contract for Dueling Palms, subject to review by the City attorney, and all other documents related to the installation of artwork.

BACKGROUND/ANALYSIS:

In 2020, the City released a call for proposals for the installation of artwork to be installed at the round-a-bout located at San Pablo Avenue and San Gorgonio Way. Nearly 200 proposals were received and on July 14, 2021, the Art in Public Places (AIPP) Commission (now Cultural Arts Committee) narrowed the choice down to two (2) artists:
 Kyle Absolom’s Dueling Palms
 Donald Gialanella’s Sunburst
On August 26, 2021, the City Council directed staff to seek public input as to which sculpture should be installed in the round-a-bout. Although Sunburst was ultimately selected for that location, public input suggested, and the Cultural Arts Committee (CAC) supported, the idea of installing Dueling Palms in the round-a-bout located at San Pablo Avenue and the entrance to the College of the Desert.

Dueling Palms is a red, abstract metal palm tree, originally 32 feet long and 14 feet, 9 inches tall; however, the artist is exploring a 20% reduction of the sculpture for better visibility. Updated renderings and technical drawings will be provided, and staff will collaborate with the artist and the City’s Public Works team for final approval. Installation costs are estimated at $130,500.

Maintenance will include regular cleanings and periodic repainting by the City’s art maintenance contractor.

Appointed Body Recommendation:

At its regular meeting of June 12, 2024, the CAC unanimously recommended that the City Council approve the installation of Dueling Palms in the round-a-bout located on San Pablo Avenue and at the entrance to the College of the Desert. 1215
City of Palm Desert
(Approve San Pablo Phase II Roundabout Artwork, Dueling Palms by Kyle Absolom)

FINANCIAL IMPACT:

Funds in the amount of $300,000 are available in Public Art Account No. 4364650-4400100 for this project. There is no impact to the General Fund with this action.

Description Amount
FY 2024-25 AIPP Budget $300,000
Dueling Palms Sculpture (169,500)
Estimated Installation Costs (130,500)
Balance $0
ATTACHMENTS:

1. 2021 Proposal for Dueling Palms

2. 2024 Updated Proposal for Dueling Palms

3. Location images

4. San Pablo Phase II Roundabout DRAFT Agreement
1216

KYLE ABSOLOM
PALMS.

PALM DESERT

SAN PABLO AVENUE ROUNDABOUT
all material, concepts and designs are the intellectual property of KYLE ABSOLOM. and are not to be copied or used without written permission.

DUELING
FINAL PROPOSAL 07.06.21
1217

THE ARTIST
I am inspired by joy and reflection. My work has always been rooted in the end goal of evoking happiness paired with contemplation. This combination of emotion and thought is what has driven me through my daily life and naturally bled into my art. My hope is that when a viewer sees my art for the first time, that they smile or tilt their head with curiosity. I am also driven by elevating what joy or fun can look like and challenging those norms. Sophistication and timelessness have always been at the forefront my thought process.

Specializing in experiential and immersive experiences has geared my art towards large scale projects with varying levels of permanence. My materials are mix media and range from aluminum and plexiglass to wood and steel. My history of working with a wide spectrum of clients has also shaped my work by using the restraints of commissioned work as inspiration instead of a hinderance. I also pull inspiration from the location and surrounding area of my installations. I want my art to naturally belong in a space yet strikingly stand out and leave a lasting impression. The 3-dimensional nature of my work is pushed even further when I play with bold colors and sharp geometric angles.

Confidential & Proprietary Kyle Absolom | San Pablo Avenue Roundabout | 2021 Palm Desert, CA 1218

DUELING PALMS
My current project “Dueling Palms” is rooted in the land it hopes to live on.

This steal sculpture aims to honor Palm Desert and use the iconic (perhaps obvious) Palm Tree and reimagine it. It was a personal challenge to take such a recognizable symbol and make it feel new. The “Dueling Palms” are designed to quite literally cut through the noise with sharp yet smooth curves, appearing to almost bounce off of the ground. The florescent orange color not only sparks joy but represents the warmth and sun that is the trademark of Palm Desert.

From a distance the palms also have a yin and yang effect mirroring the balance and dance of the nature and community around them. The flowing aesthetic also mimics an infinity symbol, representing the power and boundlessness of a city thriving in the desert against all odds. At a closer look there are a total of ten fronds - 9 individually representing each of the cities that make up Coachella Valley. The tenth palm frond indicates the cities coming together in unity.

The design of this piece takes into consideration all of the listed requirements and precautionary measures for the community and passers by. This is a 360 degree sculpture that that still allows drivers to maintain visibility and their safety. It pays homage to the core history of Palm Desert while looking to the future. My experience working with a broad range of concepts and materials will take this project and community to the next level.

Confidential & Proprietary Kyle Absolom | San Pablo Avenue Roundabout | 2021 Palm Desert, CA 1219

DETAILS
Confidential & Proprietary Kyle Absolom | San Pablo Avenue Roundabout | 2021 Palm Desert, CA

MATERIALS
This structure will be constructed of 100% Stainless Steel. This will allow for no rusting, and will be a huge part of the longevity of this art piece. My long term fabrication partner who I have worked with on multiple occasions specializes in the most incredible steel work - most recently building a project for The Waldorf Astoria in Beverly Hills.

INSTALLATION
Cast-in-place concrete footings will be installed approximately 8” below ground. The structure will then be bolted down onto the footings. The plates will be concealed. We will then back fill below ground with a rock bed of gravel. One palm structure will be anchored in 3 places. The other structure will be anchored directly from its center. Both structures will then be bolted together for advanced stability. The structure will be made into sections (approximately 12 - 15 pieces) and built onsite. The palm fronds will be individually bolted onto the trunk of each palm structure through a connection point. Should the structure be disassembled - it would be In the reverse process of how it was built. We would remove each bolt at each connection point, slowly removing each piece.

ESTIMATED WEIGHT
I plan to use 1/8” or 1/4” stainless steel sheet metal for this piece. The final thickness and thus weight will be decided once I have consulted with the engineer and have taken into consideration the wind load.

The thickness of the piece will be dependent on an engineer seeing the art work as they will be able to what is best based on wind load. Once I can speak with the city’s engineer we will get a better understanding of this and I will be able to provide an estimated weight of the piece. 1220

DETAILS
Confidential & Proprietary Kyle Absolom | San Pablo Avenue Roundabout | 2021 Palm Desert, CA

HARDSCAPE
I am proposing the structure to live on a rock bed of slate colored gravel. This helps with the stark contrast between the art piece coloring and the flooring - pairing beautifully with the modern, architectural orange curves of the structure.

LIGHTING
I am proposing to install 12-16 LED can (recessed) lights into the ground. The lights will all be aim-able so we can focus them onto the desired areas of the structure, allowing the light to hit perfectly.

DIMENSIONS
32’ wide x 15’ deep x 14’9” high **see further within the deck for more detailed dimensions I know there were some concerns about the up-turned palm trees height - this has now been increased to 7’ high ensuring it is higher than human height. I also want to note I am prepared to work with the city on the design, if there is concern that the palm edges are too sharp. I am 100% willing to shave off the ends slightly allowing for them to be a little more blunt helping with any health and safety issues.

COATING
The sculpture’s exterior will be coated in an acrylic urethane clear coat. I am proposing that this structure is in an orange color. I will use a matte finish to help further withstand any maintenance from any wind and sand for example. The painted clear coat will allow for the durability of the structure to have a lifespan of anywhere from 10-15 years.
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DETAILS
Confidential & Proprietary Kyle Absolom | San Pablo Avenue Roundabout | 2021 Palm Desert, CA

MAINTENANCE
I will be using stainless steel because it’s durability is outstanding. It can withhold extreme weather conditions, and requires the standard maintenance for outdoor public art. The structure should be simply washed with a pressure washer on the softest setting, every 3-4 months. No oils, gels or soap should be used.

BUDGET
$125,000 - this includes artist fees, taxes, insurance, materials, tools, travel, expense contingency, and other associated costs.
**Installation, uplighting costs, and permit fees will be covered by the City. 1222

INSPIRATION

FINAL ART
PROPOSAL.

PLEASE CLICK HERE FOR FULL 360 DEGREE VIRTUAL TOUR
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“Unity is omnipotent and that is undeniable.”
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INSPIRATION

ART PIECE
DIMENSIONS.
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DIMENSIONS
2 Confidential & Proprietary Kyle Absolom | San Pablo Avenue Roundabout | 2021 Palm Desert, CA 1238

THANK YOU
Confidential & Proprietary Palm Desert, CA
[email protected]
Kyle Absolom | San Pablo Avenue Roundabout | 2021
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San Pablo Phase II Roundabout
Location: San Pablo and entrances to College of the Desert/YMCA 1243
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CITY OF PALM DESERT

AGREEMENT FOR COMMISSION OF PUBLIC ART WORK
This Agreement for Commission of Public Art Work ("Agreement") is entered into this ___ day of , 2024, by and between the City of Palm Desert, a public City organized and operating under the laws of the State of California ("City"), and _ ("Artist").

City and Artist are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

RECITALS
WHEREAS, City is implementing a public art program pursuant to: Chapter 4.10 of Palm Desert Municipal Code, establishing an art in public places program and related development fee in City; pursuant to Ordinances 900 and 936, Ordinances of the City Council of the City, establishing the organization, objectives, and responsibilities of the Palm Desert Cultural Arts Committee (the "Committee"); and pursuant to the City's "Art In Public Places" guidelines; and
WHEREAS, Artist is a recognized professional artist, and the City acknowledges sufficient familiarity with the style and quality of the Artist's work; and WHEREAS, City desires for Artist to create an original work of art entitled "Dueling Palms" (the "Artwork") for placement at the Roundabout on San Pablo Avenue and east entrance to College of the Desert (the "Site"). Artist's concept design (the "Proposal"), which is attached hereto as Exhibit "A", has been reviewed and approved by City and is hereby made a part of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises set forth herein, the Parties agree to the following:

Section 1 SCOPE OF WORK

1.1 Artist’s Obligations
a. Artist shall provide all machinery, equipment, supplies, items, parts, materials, labor or other services, including design and engineering services, necessary: to prepare and submit plans and specifications for installation of the Artwork, including, but not limited to, foundation and lighting plans; and for the design, fabrication, transportation, and oversight of the installation of the Artwork. The Artwork is more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. The Artwork 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.
b. The Artist shall determine the artistic expression, design, dimensions and materials of the Artwork, subject to review and acceptance by the City as set forth in this Agreement. To ensure that the Artwork as installed shall not interfere with the intended use of the Site, pedestrian and other traffic flow at the Site, the Artist’s proposal shall be reviewed and approved by the City and other applicable city staff such as Public Works, City Engineer and Traffic.

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c. The Artist shall prepare the design concept and the corresponding budget described in Section 1.3 of this Agreement. The design concept shall include a description of all materials and products utilized in the Artwork and the required routine care and upkeep involved.
d. The Artist shall complete the fabrication of the Artwork by the scheduled installation date as provided in Section 1.4(b)(i) of this Agreement. e. The Artist shall arrange the transportation and installation of the Artwork in consultation with the City. If the Artist does not install the Artwork himself or herself, Artist shall supervise and approve the installation.
f. Artist shall provide required insurance in amounts and limits specified in Section 6 and Exhibit 4.
g. Artist shall provide a list of all subcontractors along with a copy of the agreement between the Artist and each subcontractor.
h. Artist shall provide a maintenance manual with a description of all materials and products utilized in the Artwork and the required care and upkeep involved. i. Artist shall be available with reasonable advance notice for meetings, ceremonies and the like, as necessary.

1.2 City’s Obligations
a. The City shall perform all obligations in strict compliance with all terms and conditions in this Agreement.
b. The City shall be responsible for providing the Artist, at no expense to the Artist, copies of existing designs, drawings, reports, list of required permits, and other existing relevant data, if any, which is needed by Artist in order to perform. c. The City shall be responsible for compliance with all applicable laws and regulations, including but not limited to zoning or environmental regulations, and shall explain any limitations imposed by such laws and/or regulations to the Artist. d. The City shall prepare the Site in accordance with the specifications detailed in the approved design concept in Section 1.3 of this Agreement. The City shall be responsible for all expenses relating to prepare the Site for the timely transportation and installation of the Artwork. The City shall complete the Site preparations by the scheduled installation date as provided in Section 1.4(b)(i) of this Agreement or shall contact the Artist in writing informing him or her of any delays. e. The City shall provide and install a plaque on or near the Artwork containing a credit to the Artist and date of installation.
f. The City shall not permit any use of the Artist’s name or misuse of the Artwork which would reflect discredit on the Artist’s reputation as an artist or which would violate the spirit of the Artwork, should such use or misuse be within the City’s control. g. The City shall be responsible for leading the Artist through the required review process. The City shall be responsible for organizing and scheduling review meetings with the Cultural Arts Committee and for providing the Artist written instructions for the materials required at such meetings.

1.3 Design
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a. Concept/Schematic
i. The Artist submitted a proposal (the “Design”) with an accompanying budget, pursuant to a Call for Entries organized for the procurement of an Artist to design and fabricate an Artwork suitable for the current project, which Design was selected and approved by the Cultural Arts Committee and the Palm Desert City Council. The Design and Budget shall be attached to this Agreement as Exhibit “A” and Exhibit “B” respectively.
b. Approval
i. Within 30 days after the execution of this agreement, the City shall notify the Artist if it requires any revisions to the Design in order to comply with any applicable laws, ordinances and/or regulations or for other reasons including, but not limited to, ensuring the physical integrity of the Artwork or its installation at the Site. If agreed upon by both parties, such revisions will become a part of the Design. ii. Once the City has reviewed the Design, the City will schedule the presentation of the Design to the Cultural Arts Committee (“CAC”). If the CAC require any revisions to the Design, the City will submit those in writing to the Artist. The Artist will have 60 days to comply with such revisions. If agreed upon by both parties, such revisions will become a part of the Design.
c. Notice to Proceed
i. The City shall issue a Notice to Proceed with the final Design. The Artist shall complete the Final Design Phase work within 90 calendar days of the Notice to Proceed date.
ii. The final Design work shall include but are not limited to the following:
a) Final/Construction Documents:
* The Artist shall prepare structural drawings detailing every physical feature of the construction of the Artwork and its integration with the Site. These drawings shall indicate any risks involved in the construction, lighting, integration and maintenance of the Artwork.
* Where appropriate, the Artist shall present such drawings to a qualified engineer, licensed by the state and paid by the Artist, for certification that the Artwork will be of adequate structural integrity and the Artist shall provide the City with such certification.
* The Artist shall consult with City staff and other parties identified by the City to ensure that Work is in full compliance with this Agreement. * The Artist shall provide a plan and schedule for delivering Art Work to the Site.

1.4 Budget, Payment Schedule, Construction Schedule and Progress Reports a. Budget
i. The Artist shall prepare a budget, which shall include all goods, services and materials, with such costs itemized. The Budget shall be attached to this Agreement as Exhibit “C”.
ii. Calculation of the budget will take into consideration the possible inflation of service and material costs between the date of execution of this Agreement and the anticipated completion date.
iii. The Artist shall retain all original receipts pertaining directly to the project.

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iv. If the Artist incurs costs in excess of the amount listed in the budget, the Artist shall pay such excess from the Artist’s own funds unless the Artist previously obtained approval for such costs from the City (or such costs were the result of actions or inaction of the City).
b. Schedule
i. The Artist shall notify the City of the tentative schedule for the fabrication and installation of the Artwork, including a schedule for the submission of progress reports and inspections if any. The Schedule may be amended by written agreement. ii. A schedule for the payment of budget installments is attached to this Agreement as Exhibit “D”.

1.5 Fabrication Stage
a. Upon completion of the Final Design Phase and approval of the final design of the Work by the City, the City will issue a Notice to Proceed with the Fabrication. The Artist shall commence the Fabrication and complete the Fabrication work within 120 calendar days from the Notice to Proceed date.
b. The Artist shall fabricate the Artwork in substantial conformity with the Design. The Artist may not deviate from the approved design without written approval of the City. c. The Artist shall take reasonable measures to protect or preserve the integrity of the Artwork such as the application of protective or anti-graffiti coatings. If the Artwork is being constructed on-site, the Artist shall avoid creating nuisance conditions arising out of the Artist’s operations. Prior to requesting authorization to transport and install the Artwork, the Artist shall be required to provide the City with a list of all workers or subcontractors and equipment to be used along with the hours of operation and the scope of work to be performed on site. All additional workers or subcontractors must provide proof of insurance prior to entering the site.
d. The City shall have the right to review the Artwork at reasonable times during the fabrication thereof upon reasonable notice.
e. If the City, upon review of the Artwork, determines that the Artwork does not conform to the Design or Revised Design, the City reserves the right to notify the Artist in writing of the deficiencies.
f. The Artist will promptly cure the City’s objections and will notify the City in writing of completion of the cure. The City shall promptly review the Artwork. If the Artist disputes the City’s determination that the Artwork does not conform, the Artist shall promptly submit reasons in writing to the City within 30 days of the City’s prior notification to the contrary. The City shall make reasonable efforts to resolve the dispute with the Artist in good faith. However, final determination as to whether the Artist has complied with the terms of this Agreement shall remain with the City.
g. The Artist shall notify the City in writing when fabrication of the Artwork has been completed, and that the Artwork is ready for delivery and installation at the Site if the Artwork was fabricated off-site.
h. The City shall inspect the Artwork within 30 days after receiving notification pursuant to paragraph (f), prior to installation, to determine that the Artwork conforms with the Design and to give final approval of the Artwork. The City shall not unreasonably withhold final approval of the fabricated Artwork. In the event that the City does DRAFT
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withhold final approval, the City shall submit the reasons for such disapproval in writing within 30 days of examining the fabricated Artwork. The Artist shall then have 30 days from the date of the City’s notice of the disapproval to make the necessary adjustments to the fabricated Artwork in accordance with such writing. The Artist shall not be penalized for any delay in the delivery and installation of the Artwork to the Site unless the Artist has willfully and substantially deviated from the Design without the prior approval of the City. The Artist shall then be held responsible for any expenses incurred in correcting such deviation.
i. The City shall promptly notify the Artist of any delays impacting installation of the Artwork. Any additional storage fees incurred as a result of such delays are the responsibility of the City. The Artist shall be required to inspect the Site prior to the transportation and installation of the Artwork and shall notify the City of any adverse Site conditions that will impact the installation of the Artwork which are in need of correction.

1.6 Installation
a. Upon the City’s final approval of the fabricated Artwork, as being in conformity with the Design, the Artist shall deliver the completed Artwork to the Site in accordance with the schedule provided for in Section 1.4(b). Transportation fees shall be paid by the Artist.
b. Artist must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. Prior to delivery of the Art Work, the Artist shall notify the City in writing when fabrication of the Art Work is complete and Artist is ready for delivery of the Art Work to the Site.
c. The City is responsible for preparation of the Site and installation of the Art Work as required by the Artist's plans and specification for the installation of the Art Work. d. The Artist will coordinate closely with the City to ascertain that the Site is prepared to receive the Artwork. Artist must notify City of any adverse conditions at the Site that would effect or impede the installation of the Artwork. The Artist is responsible for timely installation of the Artwork. The Artist will confer and coordinate with the City to ensure timely coordination with the City’s construction team. Artist may not install the Artwork until authorized to do so by the City.
e. The Artist shall be present to supervise the installation of the Artwork and attend a dedication ceremony relating to the transfer of the Art Work to the City. f. Upon written acceptance of the installation, the Artwork shall be deemed to be in the custody of the City for purposes of Section 11 and Section 14 of this Agreement. g. Upon installation of the Artwork, the Artist shall provide the City with written instructions for the appropriate maintenance and preservation of the Artwork along with product data sheets for any material or finish used. The Artwork must be durable, taking into consideration that the Site is an unsecured public space that may be exposed to elements such as weather. Artist must ensure that all maintenance requirements will be reasonable in terms of time and expense. The City is responsible for the proper care and maintenance of the Artwork.

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1.7 Approval and Acceptance
a. The Artist shall notify the City in writing when all services as required of both Parties by this Agreement prior to this paragraph have been completed in substantial conformity with the Design.
b. The City shall promptly notify the Artist of its final acceptance of the Artwork within 30 days after the Artist submitted written notice pursuant to paragraph (a) above. The effective date of final acceptance shall be the date the City submits written notice to the Artist of its final acceptance of the Artwork. The final acceptance shall be understood to mean that the City acknowledges completion of the Artwork in substantial conformity with the Design, and that the City confirms that all services as required of both Parties by this Agreement prior to paragraph (c) of this section have been completed. Title of the Artwork passes upon final acceptance and final payment. c. If the City disputes that all the services have been performed, the City shall notify the Artist in writing of those services the Artist has failed to perform within 30 days after the Artist submitted written notice pursuant to paragraph (a) above. The Artist shall promptly perform those services indicated by the City.
d. If the Artist disputes the City’s determination that not all services have been performed, the Artist shall submit reasons in writing to the City within 30 days of the City’s prior notification to the contrary. The City shall make reasonable efforts to resolve the dispute with the Artist in good faith. However, final determination as to whether all services have been performed shall remain with the City. e. Upon the resolution of any disputes that arise under paragraphs (c) and (d) of this section, the City shall notify the Artist of its final acceptance of the Artwork pursuant to paragraph (b).
f. After final acceptance of the Artwork, the Artist shall be available at such time(s) as may be mutually agreed upon by the City and the Artist to attend any public meetings and community outreach functions, as well as any ceremonies relating to the dedication of the Artwork.
g. The City shall be solely responsible for coordinating public information materials and activities related to public presentations.

Section 2 TAXES
Any state or federal sales, use or excise taxes, or similar charges relating to the services and materials under this Agreement shall be paid by the Artist in a timely fashion. The City shall report payments made to the Artist annually to the Internal Revenue Department in a 1099 statement.

Section 3 TERM OF AGREEMENT
a. Duration
This Agreement shall be effective on the date that this contract has been signed by both Parties, and, unless terminated earlier pursuant to such provisions in the Agreement, shall extend until final acceptance by the City under Section 1.7(b), or submission of final payment to the Artist by the City under Exhibit “D”, whichever is DRAFT
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later. Extension of time of performance hereunder may be granted upon the request of one Party and the consent of the other thereto, which consent shall not be unreasonably withheld. Such extension shall be in writing, signed by both Parties, and attached to the schedule under section 1.4(b)(i) which is attached as Exhibit “B”. b. Force Majeure
The City shall grant to the Artist a reasonable extension of time in the event that conditions beyond the Artist’s control render timely performance of the Artist’s services impossible or unduly burdensome. All such performance obligations shall be suspended for the duration of the condition. Both parties shall take all reasonable steps during the existence of the condition to assure performance of their contractual obligations when the condition no longer exists. Failure to fulfill contractual obligations due to conditions beyond either Party’s reasonable control will not be considered a breach of contract, provided that such obligations shall be suspended only for the duration of such conditions.

Section 4 COMPENSATION
The City shall pay Artist One Hundred Sixty-Nine Thousand Five Hundred Dollars ($169,500.00), which will constitute full compensation and payment for all Work to be performed under this Agreement. No extra charges of any kind will be allowed unless specifically agreed to in writing by City's authorized representative. The total price shall include all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Art Work furnished to City hereunder.

Section 5 PAYMENT
a. All requests for payment shall be submitted to the Economic Development Management Analyst, Public Art in writing for review and approval and must be accompanied with a detailed invoice and other documentation as required by the Economic Development Management Analyst, Public Art supporting the Work completed.
b. Terms of payment are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable progress milestones. Final payment shall be made by City after Artist has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of the Work.
c. Payment shall be made in accordance with the following schedule:
i. Commencement of the Final Design Phase (10%) – Sixteen Thousand Nine Hundred Fifty Dollars ($16,950)
ii. Commencement of Fabrication (60%) – One Hundred One Thousand Seven Hundred Dollars ($101,700)
iii. Completion and Delivery of Art Work (20%) – Thirty-Three Thousand Nine Hundred Dollars ($33,900)
iv. Final Acceptance (10%) - Sixteen Thousand Nine Hundred Fifty Dollars ($16,950) d. Payments otherwise due may be withheld by City on account of defective Art Work not remedied, liens or other claims filed, reasonable evidence indicating probable filing DRAFT
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of liens or other claims, failure of Artist to make payments properly to its subcontractors or for material or labor, the failure of Artist to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Artist's failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Artist's expense.
e. Payment of the Final Acceptance payment will be made by City upon:
i. Submission of an invoice for satisfactory completion of final acceptance and in the amount associated with the Final Acceptance payment;
ii. Written acceptance of the Work by City;
iii. Delivery of all drawings and specifications, if required by City; iv. Delivery of executed full releases of any and all liens arising out of this Agreement; and
f. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full.
g. If any person refuses to furnish an actual release or receipt in full, Artist may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City. h. Acceptance by Artist of payment of the Final Acceptance payment will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Artist then has, or can subsequently acquire against City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for Final Acceptance by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Artist, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.

Section 6 ARTIST’S REPRESENTATIONS AND WARRANTIES

6.1 Warranties of Title
The Artist represents and warrants that:
a. the Art Work is solely the result of artistic effort of Artist and its representatives; b. except as otherwise disclosed in writing to the City, the Artwork is unique and original and does not infringe upon any copyright or the rights of any person; c. the Artwork (or duplicate thereof) has not been accepted for sale elsewhere; d. the Artist has not sold, assigned, transferred, licensed, granted, encumbered or utilized the Artwork or any element thereof or any copyright related thereto which may affect or impair the rights granted pursuant to this Agreement; e. the Artwork is free and clear of any liens from any source whatsoever. f. all Artwork created or performed by the Artist under this Agreement, whether created by the Artist alone or in collaboration with others, shall be wholly original with the Artist and shall not infringe upon or violate the rights of any third party.

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g. the Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement.
h. all services performed hereunder shall be performed in accordance with all applicable laws, regulations, ordinances, etc. and with all necessary care, skill, and diligence.
i. these representations and warranties shall survive the termination or other extinction of this Agreement.

6.2 Warranties of Quality and Condition
a. The Artist represents and warrants that all work will be performed in accordance with professional “workmanlike” standards and free from defective or inferior materials and workmanship (including any defects consisting of “inherent vice,” or qualities that cause or accelerate deterioration of the Artwork) for two years after the date of final acceptance by the City under Section 1.7(b).
b. The Artist represents and warrants that the Artwork and the materials used are not currently known to be harmful to public health and safety. c. The Artist represents and warrants that reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance and preservation recommendations submitted by the Artist pursuant to Section 1.6(g). d. If within two years the City observes any breach of warranty described in this Section 6.2 that is curable by the Artist, the Artist shall, at the request of the City, cure the breach promptly, satisfactorily and consistent with professional conservation standards, at no expense to the City. The City shall give notice to the Artist of such breach with reasonable promptness.
e. If after two years the City observes any breach of warranty described in this Section

6.2 that is curable by the Artist, the City shall contact the Artist to make or supervise repairs or restorations at a reasonable fee during the Artist’s lifetime. The Artist shall have the right of first refusal to make or supervise repairs or restorations. Should the Artist be unavailable or unwilling to accept reasonable compensation under the industry standard, the City may seek the services of a qualified restorative conservator and maintenance expert.
f. If within two years the City observes a breach of warranty described in this Section

6.2 that is not curable by the Artist, the Artist is responsible for reimbursing the City for damages, expenses and loss incurred by the City as a result of the breach. However, if the Artist disclosed the risk of this breach in the Proposal and the City accepted that it may occur, it shall not be deemed a breach for purposes of this Section 6.2 of this Agreement.
g. Acceptable Standard of Display. Artist represents and warrants that:
i. General routine cleaning and repair of the Artwork and any associated working parts and/or equipment will maintain the Artwork within an acceptable standard of public display.
ii. Foreseeable exposure to the elements and general wear and tear will cause the Artwork to experience only minor repairable damages and will not cause the Artwork to fall below an acceptable standard of public display.

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iii. With general routine cleaning and repair, and within the context of foreseeable exposure to the elements and general wear and tear, the Artwork will not experience irreparable conditions that do not fall within an acceptable standard of public display, including mold, rust, fracturing, staining, chipping, tearing, abrading and peeling. iv. Manufacturer’s Warranties. To the extent the Artwork incorporates products covered by a manufacturer’s warranty, Artist shall provide copies of such warranties to the City.

The foregoing warranties are conditional, and shall be voided by the failure of the City to maintain the Artwork in accordance with the Artist’s specifications and the applicable conservation standards. If the City fails to maintain the Artwork in good condition, the Artist, in addition to other rights or remedies the Artist may have in equity or at law, shall have the right to disown the Artwork as the Artist’s creation and request that all credits be removed from the Artwork and reproductions thereof until the Artwork’s condition is satisfactorily repaired.

Section 7 COPYRIGHT; REPRODUCTION RIGHTS
a. Copyright of the Art Work and related design, drawings, sketches, and models will be owned by the Artist until acceptance of Artist's Work by the City or termination of the Agreement. Notwithstanding the foregoing, Artist agrees not to make use of such copyright in the Art Work for any purpose other than the performance by Artist of Artist's obligations under this Agreement of public artwork, without the written consent of City. Upon acceptance of Artist's Work, copyright of the Art Work will be owned jointly by the City and the Artist and no further use of the copyright will be made by the Artist and the City without the written consent of the other, which consent will not be unreasonably withheld. Artist certifies that the Art Work is a unique work of art especially designed for the City and shall not duplicate or reproduce the Art Work nor shall the Artist permit others to do so except with the written permission by the City.

The City has the right to reproduce and distribute in printed form and on commercial documents and/or brochures or any other literature of the City describing or dealing with its real estate holdings, photographs, realistic renderings, videotapes, or films of the Art Work. Such reproductions and use of the images of the Work for promotional purposes shall not constitute a breach of copyright and no royalty shall be due and payable by the City to the Artist for such use.
b. All reproductions of the Art Work by the City shall contain a credit to the Artist. c. City agrees that the Artist shall have the right to reproduce and distribute in printed form and on non-commercial educational materials and brochures advertising or promoting Artist and Artist's career, two-dimensional images such as photos, slides or realistic renderings, video tapes, or films of the Art Work as installed and formally accepted by the City. Such reproductions and use of the images of the Art Work for promotional and educational purposes shall be deemed to not constitute a breach of copyright in any way and no royalty fee shall be due and payable to the Artist for such use. Such reproduction and images of the Art Work for publicity, promotion, and educational purposes shall, to the extent reasonably possible and appropriate, give reference to the City.

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d. Artist shall use his/her best effort to give a credit in any public showing under Artist's control of illustrations of the Art Work as follows: "An original work owned and commissioned by the City of Palm Desert, California."
Section 8 STANDARD OF CARE; INDEPENDENT CONTRACTOR
a. Artist shall perform all Work 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. b. Artist enters into this Agreement as an independent contractor and not as an employee of City. Artist shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Artist are employees, agents, contractors or subcontractors of the Artist and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Artist by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement.

Section 9 COMPLIANCE WITH LAWS
a. Artist shall comply with all applicable laws and regulations of the federal, state and local government.
b. Artist is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If any work performed by Artist under this Agreement is being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $25,000 or more, Artist agrees to fully comply with such Prevailing Wage Laws. Artist shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Any stop orders issued by the Department of Industrial Relations against Artist or any subcontractor that affect Artist's performance of any part of this Agreement, including any delay, shall be Artist's sole responsibility and Artist shall indemnify City from liability arising out of the same. It shall be mandatory upon the Artist and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815), contractor registration (Labor Code Sections 1725.5 and 1771.1) and debarment of contractors and subcontractors (Labor Code Sections 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 and to be registered with the Department of Industrial Relations shall not apply to work performed on a public DRAFT
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works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1771.4, 1725.5 and 1771.1.

Section 10 SUBCONTRACTS
Unless otherwise specified, Artist must obtain City's written permission before subcontracting any portion of the Work. Except for the insurance requirements in this Agreement, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Art Work, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Artist from its obligations to City, including, but not limited to Artist's insurance and indemnification obligations. No subcontract or order will bind City.

Section 11 RISK OF LOSS
The Artist shall bear the risk of loss or damage to the Artwork until the City’s final acceptance of the Artwork under Section 1.7(b). The Artist shall take such measures as are reasonably necessary to protect the Artwork from loss or damage. The City shall bear the risk of loss or damage to the Artwork prior to final acceptance only if, during such time, the partially or wholly completed Artwork is in the custody, control or supervision of the City or its agent(s) for the purposes of transporting, storing, installing or performing other services to the Artwork.

Section 12 ALTERATIONS OF SITE OR REMOVAL OF ARTWORK
a. The City shall notify the Artist of any proposed significant alteration of the Site that would affect the intended character and appearance of the Artwork. The City shall make a good faith effort to consult with the Artist in the planning and execution of any such alteration. The City shall make a reasonable effort to maintain the integrity of the Artwork.
b. The City agrees not to arbitrarily remove or relocate the Artwork without first making a good faith effort to contact the Artist. The Artist shall not unreasonably withhold approval of removal or relocation of the Artwork. Should the Artist agree to such removal or relocation, the Artist shall provide the City with written handling instructions.

In the event that the Artist is deceased or unable to otherwise give the Artist’s consent, the current owner of the copyright of the Artwork shall not unreasonably withhold permission, keeping in mind the intentions of the Artist at the time of commission and fabrication.

Section 13 INDEMNIFICATION
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a. Artist shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Artist, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City.
b. Artist's defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers shall be at Artist's own cost, expense, and risk. Artist shall pay and satisfy any judgment, award, or decree that may be rendered against City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding. Artist shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
c. Artist's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

Section 14 INSURANCE

14.1 Minimum Requirements
Without limiting Artist's indemnification of City, and prior to commencement of the Services, Artist 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. Artist 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. Artist 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 Artist arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned 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 Artist will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
c. Professional Liability (Errors & Omissions) Insurance. Artist shall maintain professional liability insurance that covers the Services to be performed in connection DRAFT
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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 Artist 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. Artist shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Artist 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. Artist may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Artist 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:
i. 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;
ii. Pay on behalf of wording as opposed to reimbursement; iii. Concurrency of effective dates with primary policies; and iv. (d} Policies shall "follow form" to the underlying primary policies. v. (e) Insureds under primary policies shall also be insureds under the umbrella or excess policies.

14.2 Other Provisions or Requirements.
a. Proof of Insurance. Artist 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. Artist 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 Artist, his/her agents, representatives, employees or subconsultants. c. Primary/Non-Contributing. Coverage provided by Artist 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 self- insurance shall be called upon to protect it as a named insured.

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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 Artist, or City will withhold amounts sufficient to pay premium from Artist 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 Artist or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Artist 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). Artist acknowledges and agrees that any actual or alleged failure on the part of the City to inform Artist of noncompliance 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 Artist maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Artist. 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. Artist 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 DRAFT
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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 Artist'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. Artist 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 Artist, provide the same minimum insurance coverage and endorsements required of Artist. Artist 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. Artist 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 Artist ninety (90) days advance written notice of such change. If such change results in additional cost to the Artist, the City and Artist may renegotiate Artist'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. Artist shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Artist's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
q. Additional Insurance. Artist 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.

Section 15 LIENS
a. Artist, subcontractors and suppliers will not make, file or maintain a mechanic's or other lien or claim of any kind or character against the Art Work, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as "Claims"); and Artist, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Artist, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant.
b. Artist will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Artist will, at its DRAFT
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own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims.

Section 16 TERMINATION OF AGREEMENT BY CITY
a. Should Artist at any time refuse or fail to deliver the Art Work with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Artist's right to proceed with the delivery of the Art Work by written notice to Artist. In such event City may obtain the Art Work by whatever method it may deem expedient, including the hiring of another artist and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Artist. In such case Artist will not be entitled to receive any further payments until the Art Work is delivered and installed. If City's cost of obtaining the Art Work, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Artist will be liable for and will pay the difference to City.
b. City may, for its own convenience, terminate Artist's right to proceed with the Work by written notice to Artist. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Artist, and will not affect the obligations and duties of Artist under the Agreement. Upon termination, Artist shall be compensated only for that Work which has been adequately rendered to City, and Artist shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
c. If this Agreement is terminated as provided herein, City may require Artist to provide all finished or unfinished documents and data and other information of any kind prepared by Artist in connection with the performance of he Work under this Agreement. Artist shall be required to provide such document and other information within fifteen (15) days of the request.

Section 17 MISCELLANEOUS PROVISIONS
a. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose:

CITY: ARTIST:

City of Palm Desert [***INSERT NAME, ADDRESS &
73-510 Fred Waring Drive CONTACT PERSON***]
Palm Desert, CA 92260
Attn: [***INSERT NAME & DEPARTMENT***]

Such notice shall be deemed made when personally delivered or when mailed, fortyeight (48) hours after deposit in the U.S. Mail, first class postage prepaid and DRAFT
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addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
b. Assignment or Transfer. Artist shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Artist from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval.

Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.
c. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.
d. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. e. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

f. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
g. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. h. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
i. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party.
j. 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.
k. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
l. City's Right to Employ Other Artists. City reserves its right to employ other contractors in connection with the Goods.

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m. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing. [SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR AGREEMENT OF COMMISSION OF PUBLIC ART WORK BETWEEN THE CITY OF PALM DESERT AND [***INSERT NAME***] IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.

CITY OF PALM DESERT
Approved By:
[INSERT ARTIST NAME]
L. Todd Hileman, CITY MANAGER Signature
Date
Attested By:

ANTHONY J. MEJIA, CITY CLERK
Approved As To Form:

Name
Title Date

CITY ATTORNEY
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Exhibit “A”
EXHIBIT "A"

PROPOSAL
[Attached Behind Page]
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Exhibit “B”
EXHIBIT "B"

SCOPE OF WORK
The Artwork shall consist of the following stages:

Design Review Stage.

1. Within 30 days after the execution of this agreement, the City shall notify the Artist if it requires any revisions to the Design.

2. The Artist will have 60 days to comply with any revisions.

3. Upon approval by both Parties, the City will issue a Notice to Proceed with the Final Design Stage.

Final Design Stage.

1. Upon completion of the Design Review Stage and approval of the final design of the Artwork by the City, the City will issue a Notice to Proceed with the Final Design Stage.

The Artist shall commence the Final Design and complete the Final Design work within 90 calendar days of the Notice to Proceed date.

2. Final Design work shall include but are not limited to the following:
a. Construction Documents
i. Artist to work with a California registered Professional Engineer (PE) on structural drawings that include final design plans and specifications, pad design and lighting plan.
ii. Consulting with City staff and other parties identified by the City to ensure that Artwork is in full compliance with this Agreement.

Fabrication Stage.

1. Upon completion of the Final Design Stage and approval of the final design of the Artwork by the City, the City will issue a Notice to Proceed with the Fabrication Stage.

The Artist shall commence the Fabrication Stage and complete the Fabrication Stage work within 120 calendar days of the Notice to Proceed date.

2. The Fabrication Stage tasks shall include, but are not limited to, the following:
a. Procurement of materials and fabrication of the Artwork b. The Artist shall send progress reports and images at reasonable times during the Fabrication Stage.
c. The Artist shall notify the City in writing when fabrication of the Artwork has been completed and that Artwork is ready for delivery and installation.

Installation Stage.

1. Upon the City’s final approval of the fabricated Artwork, the Artist shall deliver the completed Artwork to the Site in accordance with the schedule provided for in Section

1.4(b).

2. The Artist will coordinate closely with the City to ascertain that the Site is prepared to receive the Artwork.

3. The Artist shall be present to supervise the installation of the Artwork and attend a dedication ceremony.

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Exhibit “C”
EXHIBIT “C”

ARTWORK BUDGET
[The estimated budget for the proposed artwork should be inserted here. The following sample budget worksheet is a guide to some of the costs the budget might include.]

SAMPLE BUDGET WORKSHEET
The following sample budget worksheet, provided by the Phoenix Office of Arts and Culture, is intended to assist artists in planning and developing an estimated budget for public art projects. The following worksheet is intended as a guide only and is not necessarily inclusive of all costs which may be incurred when undertaking a public art project. Not all costs listed will pertain to every project. A contingency of ten percent (10%) of the project total is highly encouraged to cover unexpected costs. The artist’s fee is generally 15%–20% of the total project budget for design and fabrication projects. This fee may vary based on the actual work undertaken by the artist and according to the experience and reputation of the artist.

The fee is generally intended to cover the creative work of the artist in developing the project concept. The fee is separate from and does not cover the artist’s labor if the artist is responsible for fabrication of the project. Eligible project costs may vary from program to program.

ARTIST FEE (suggested 15%–20% of total project budget)

FINAL DESIGN DEVELOPMENT
Includes final proposal, engineering and/or architectural documents, budget and schedule. Hourly fee for design
Engineering
TRAVEL
Airfare Car Rental Per Diem

INSURANCE
(not all insurance is required for each project) Artwork Inland Marine General Liability
Workers’ Compensation Automobile/Hired Vehicle

PROFESSIONAL CONSULTANT FEES
Architect Structural Engineer Electrical Engineer Conservator Other
(Consultants must be licensed in the State of Arizona)

ADMINISTRATIVE EXPENSES
Shop Drawings and Contract Documents Studio Costs
Correspondence Phone/Fax
Artist Resource Guide i Page 11 Supplies
Copyright Registration
Project Documentation (in progress and completed)

MATERIALS AND SUPPLIES
(itemize all anticipated aspects and components with per unit and total cost estimates) DRAFT
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Exhibit “C”

FABRICATION COSTS
(include and itemize all portions of subcontracted work and work to be completed by artist)

SITE PREPARATION
(do not include costs covered by the City or others)

TRANSPORTATION
Materials and finished work to the site Storage
Other

INSTALLATION COSTS
Labor
Equipment (crane, scaffolding, or other) Base or Mounting Devices and Components Traffic Barricades/Control
Off-duty police Landscaping Site Restoration
Electrical modifications

ADDITIONAL LIGHTING
Design Fixtures Bulbs
Site Preparation Installation

PERMITS AND TAXES
Sales Tax Use Tax
Development Services Permit

OTHER COSTS CONTINGENCY
(suggested 10% of project total)
TOTAL
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Exhibit “D”
EXHIBIT “D”

PAYMENT SCHEDULE
Payment Schedule
The City shall pay the Artist a fixed fee of One Hundred Sixty-Nine Thousand Five Hundred Dollars $169,500, which shall constitute full and complete compensation for all the services performed and materials furnished by the Artist under this Agreement.

Payment shall be made in accordance with the following scheduled installments, each installment representing full and final payment for all services and materials provided prior to payment thereof:
a. $16,950 (10%) upon the execution of this Agreement, recognizing that the Artist will invest time and expense in preparing the Design as set forth under Section 1.3; b. $101,700 (60%) upon Notice to Proceed to Fabrication Stage; c. $33,900 within 30 days after the Artist notifies the City that the Artwork is fabricated and ready for delivery and installation at the Site as set forth under Section

1.6(a);
f. $16,950 within 30 days after final acceptance of the Artwork by the City as set forth under Section 1.7(b).

All requests for payment shall be submitted to the Economic Development Management Analyst, Public Art in writing for review and approval and must be accompanied with a detailed invoice and other documentation as required by the Economic Development Management Analyst, Public Art supporting the Work completed.

Terms of payment are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable progress milestones. Final payment shall be made by City after Artist has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of the Work.

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Exhibit “E”
EXHIBIT “E”
Transfer of Title

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

TRANSFER OF TITLE
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the undersigned Artist located at the address noted below does hereby sell, transfer and convey to the City, located in Palm Desert, California, its assigns and successors, all right, title and interest in the ownership of the Artwork commissioned by Agreement of Dueling Palms and as described therein.

Title: Dueling Palms
Location: Roundabout on San Pablo Avenue at the east entrance of College of the Desert
IN WITNESS WHEREOF, Artist has executed this written transfer of title on this the day of , 20 .

WITNESS ARTIST
Sworn to and subscribed ADDRESS before me this day
of , 20 .

SOC. SEC. NO.

NOTARY PUBLIC
My Commission Expires:
(NOTARY SEAL)
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: July 11, 2024
PREPARED BY: Richard Cannone, AICP, Director of Development Services Kalaina Perez, Management Analyst
REQUEST: APPROVE AN AMENDMENT TO CONTRACT NO. C41770 TO EXTEND

THE TERM AND INCREASE THE CONTRACT AMOUNT WITH THE

COUNTY OF RIVERSIDE DEPARTMENT OF ANIMAL SERVICES
RECOMMENDATION:

1. Increase the annual contact amount for Fiscal Year 2023-24 to $380,000 to cover the budgeted costs of animal field and shelter services.

2. Approve Amendment No. 1 to Contract No. C41770 with the County of Riverside Department of Animal Services to extend the contract for one year with an annual amount of $380,000.

3. Authorize the Director of Finance to set aside a contingency for an additional $20,000, subject to City Manager approval for additional fluctuations in services.

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

5. Authorize the City Manager to execute said contract.

BACKGROUND/ANALYSIS:

This request includes two related actions:

1. Increase the Fiscal Year 2023-24 amount for contract C41770 to align with the budgeted allocation.

On July 8, 2021, the City Council approved a three-year contract (C41770) with the County of Riverside for animal field and shelter services. When the agreement was approved it established a maximum annual amount of $350,000. For Fiscal Year 2023- 24, the City budgeted $360,000 for Animal Services. A mid-year budget adjustment approved an additional $20,000, bringing the total budget to $380,000 for the fiscal year.

Although the budget was approved and funds allocated, the City Council must also amend the contract amount due to the cap of $350,000 set when it was approved in 2021. Since this is a reimbursable contract, amendments are submitted at the end of the fiscal year to reflect the actual costs and avoid multiple changes throughout the year.

2. Approve Amendment 1 to Contract C41770 for an additional year.

Riverside County Department Animal Services (DAS) has started a rate study but has not yet shared the results with the contract municipalities, including Palm Desert. DAS intends to take the necessary time to develop new rates collaboratively with the municipalities.

As a result, an amendment (Amendment No. 1 to Contract No. C41770) is needed to extend the current contract for an additional year. The proposed annual amount under 1271
City of Palm Desert
(Amendment No. 1 to Animal Services Contract)

this amendment is $380,000, with an additional $20,000 in contingency reserved for potential fluctuations in sheltering costs, subject to City Manager approval.

The budget for FY 2024-25 included $400,000 for animal services, which represents a 5% increase over the prior year's amended budget. However, DAS estimates that Palm Desert's costs for FY 2024-25 at $380,000. Historically, these estimates have been lower than actual costs due to fluctuating sheltering costs.

Amendment No. 1 also replaces Exhibits A-C of the contract. Notable changes include the following:

Exhibit A:
 Animal Bites – The City will be responsible for administrative proceedings.  Stray and Barking Animal Complaints - The City will be responsible for administrative proceedings.
 Issuance of Warnings and Citations - The City will be responsible for administrative proceedings.
 Contract Complaints (New) – City and County to designate primary and alternate contact.
 Emergency Calls – Adds venomous snakes and dead animals to the list.  Quarterly Reports (New) – The County shall furnish to the City Manager, or designee quarterly and annual reports detailing field services provided that quarter.

Upon reasonable notice to the County, City may inspect any facility or records to verify the data contained in the reports is accurate.

Exhibit B:
 The Canine Licensing fee retained by the County has increased from $10.00 to $11.92 per license.
 The daily rates have increased for animals other than cats and dogs as follows:
o For horses and cattle: from $20 to $21 per animal per day. o For swine, goats, and sheep: from $12 to $12.60 per animal per day.

Exhibit C:
 Service rates have increased for every line item by approximately 5%.

Legal Review:

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

FINANCIAL IMPACT:

Funding for each of these actions has been budgeted and is available in Account No. 1104230- 4309000 in the respective fiscal years. There is no additional impact to the General Fund with this action.

ATTACHMENTS:

1. DAS Contract Rates for FY 2024-25

2. Draft Amendment No. 1 to Contract No. C41770
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FIRST AMENDMENT TO

AGREEMENT FOR ANIMAL CONTROL FIELD AND

SHELTER SERVICES BETWEEN THE CITY OF

PALM DESERT AND THE COUNTY OF

RIVERSIDE
This First Amendment to the AGREEMENT FOR ANIMAL CONTROL FIELD AND SHELTER SERVICES between COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of its Department of Animal Services (“COUNTY”) and the CITY OF Palm Desert (“CITY”), herein referred to as the “First Amendment”, dated as of the Effective Date (defined herein), amends the Agreement as follows:

RECITALS
WHEREAS, COUNTY and CITY entered into an Agreement for Animal Control Field and Shelter Services Between the City of Palm Desert and the County of Riverside for the provision of Animal Control Field and Shelter Services (“Original Agreement”) for a term commencing July 1, 2021 through June 30, 2024; and
WHEREAS, the COUNTY’s Board of Supervisors ratified and approved the Agreement on August 24, 2021, in Minute Order 3.5; and
WHEREAS, the COUNTY has continuously provided the CITY with Animal Control Field and Shelter Services since July 1, 2021; and
WHEREAS, the Agreement authorizes amendments to the Agreement with the approval of the Board of Supervisors of COUNTY and City Council of CITY; and WHEREAS, COUNTY and CITY desire to extend the term of the Agreement until June 30, 2025; and
WHEREAS, COUNTY and CITY desire to amend the Agreement to reflect changes in the compensation, license fees and payment provisions.

NOW, THEREFORE, in consideration of the foregoing, COUNTY and CITY agree as follows:

1. Recitals – The recitals set forth above are true and correct and incorporated herein by reference.

2. Effective Date and Term. “The “Effective Date” of this First Amendment shall be July 1, 2024 and shall terminate on June 30, 2025 unless terminated earlier as provided herein under Section VI, Termination.”

3. Exhibit “A,” Exhibit “B” and Exhibit “C” of the Agreement are hereby removed in their entirety and replaced with Exhibit “A-1,” Exhibit “B-1,” and Exhibit “C-1” attached hereto and incorporated herein by this reference.
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FIRST AMENDMENT TO

AGREEMENT FOR ANIMAL CONTROL FIELD AND

SHELTER SERVICES BETWEEN THE CITY OF

PALM DESERT AND THE COUNTY OF

RIVERSIDE

4. Entire Understanding. This First Amendment and the Original Agreement contain the entire understanding and agreement of the Parties. There are no oral or written representations, understandings, or ancillary covenants, undertakings or agreements that are not contained or expressly referred to within this First Amendment and Original Agreement.

5. Further Assurances. The Parties agree to execute such other documents and to take such other actions as may be necessary to further the purpose of this First Amendment.

6. Agreement in Full Force and Effect. Except as otherwise expressly modified herein, all other terms and conditions of the Agreement remain unmodified and in full force and effect.

7. Counterparts. This First Amendment may be executed in several counterparts, each of which shall be deemed to be an original but all of which together will constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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FIRST AMENDMENT TO

AGREEMENT FOR ANIMAL CONTROL FIELD AND

SHELTER SERVICES BETWEEN THE CITY OF

PALM DESERT AND THE COUNTY OF

RIVERSIDE
IN WITNESS WHEREOF, COUNTY and CITY have caused their duly authorized representatives to execute this First Amendment.

COUNTY OF RIVERSIDE CITY OF PALM DESERT
By: Chuck Washington, Chair Board of Supervisors
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By: Todd Hileman
City Manager
ATTEST:

Kimberly Rector Clerk of theBoard
By:
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ATTEST:

Anthony Mejia City Clerk
By:

APPROVED AS TO FORM:

Minh Tran CountyCounsel
By: Bruce G. Fordon
Deputy County Counsel
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APPROVED AS TO FORM:

By: Isra Shah
City Attorney
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CITY OF PALM DESERT
EXHIBIT “A-1”

SCOPE OF ANIMAL CONTROL FIELD SERVICES
The County of Riverside (“COUNTY”), agrees to provide the following Animal Control Field Services for the City of Palm Desert (“CITY”):

1. Provision of Field Services: The Animal Control Field Services to be provided by COUNTY for CITY within the corporate limits of CITY shall include the following activities:

1.1 Field Service Assistance: Respond to all calls for field service assistance pursuant to the priority of calls as described in this Exhibit “A” below.

1.2 Impoundment: County shall impound all animals found at large and collect and retain such impound fees as established by COUNTY’s Board of Supervisors.

1.3 Proper Care and Treatment: Provide humane care and treatment to any stray or abandoned animal in accordance with State law.

1.4 Animal Bites: Investigate reported bites by animals. COUNTY shall respond to all reported bites by dogs or by suspected rabid or wild animals. CITY shall be responsible for handling, whether directly or by its own legal counsel, administrative or criminal proceedings, including and without limitation, appeals and enforcement actions, arising hereunder; COUNTY shall reasonably facilitate and make Animal Control Officers available for such court proceedings.

1.5 Quarantine: Quarantine all animals suspected to be rabid and/or that have bitten a person as prescribed by the California Compendium of Rabies Control and Prevention, the California Department of Public Health, and COUNTY policy.

1.6 Nuisance Animal Complaints: Respond to and process nuisance complaints, including stray and barking animal complaints, as referenced in Riverside County Ordinance 630, codified at Title 6 of the Riverside County Municipal Code (“Title 6”). CITY shall be responsible for handling, whether directly or by its own legal counsel, administrative or criminal proceedings, including and without limitation, appeals and enforcement actions, arising hereunder; COUNTY shall reasonably facilitate and make Animal Control Officers available for such court proceedings.

1.7 Dead Animals: Remove dead animals from the public right-of-way except in such cases where the animal is on a state highway within CITY limits. In such cases, COUNTY shall immediately (or as soon as practicable) notify the State of California Department of Transportation by telephone, facsimile, email or other means.

1.8 Return of Impounded Animals: Encourage the return of any lost/stray animal (impounded by field personnel) to the rightful owner in the field, subject to the payment of impound fees.

1.9 Kennels and Catteries: COUNTY shall inspect and issue permits to operate dog kennels and catteries within CITY pursuant to Title 6 and collect fees in connection therewith.

1.10 Issuance of Warnings and Citations: Enforce all appropriate provisions of Riverside County Ordinances, codified at Title 6 of the Riverside County Municipal Code, as necessary, including the issuance of warning notices or citations, for violations of the provisions of said Code. CITY shall be responsible for handling, whether directly or by its own legal counsel, administrative or criminal proceedings, including and without limitation, appeals and enforcement actions, arising hereunder; COUNTY shall reasonably facilitate and make Animal Control Officers available for such court proceedings.

1.11 Service to Public: Provide service to the public on matters covered in this Agreement consistent with established policies and procedures that promote courteous and efficient service and good public relations. Other policies and procedures notwithstanding, COUNTY, in processing any type of complaint or request for service, shall indicate to the caller that a response can be expected as described in Section 5 below.
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1.12 Complaints: The CITY and COUNTY shall designate a primary and alternate contact person for the purpose of addressing complaints. "Complaint" as used herein shall mean any dissatisfaction or problem in the performance of services under this contract. When a complaint is received that requires a response from either PARTY, the CITY and COUNTY representatives designated for addressing complaints shall meet and confer to investigate and address the complaint within a reasonable time period.

2. Shelter Care and Disposition Services: The COUNTY shall shelter CITY’s animals at the County Animal Shelter, or other COUNTY operated shelter at the COUNTY’s discretion.

3. Provision of Supplies, Vehicles and Radio Equipment: COUNTY shall provide animal control vehicle(s) and equip it with the appropriate animal control boxes mounted on the truck chassis and with an air conditioning unit mounted on the animal control truck boxes for use in the provision of services as set forth in this Agreement. Vehicles shall be replaced at the COUNTY’s discretion. The COUNTY shall fuel and maintain said vehicles. COUNTY shall also provide all other supplies, medications, pharmaceuticals, and equipment necessary for the efficient and effective operation of animal control field services provided herein.

4. Missing or Stolen Animals: COUNTY shall file a report with the appropriate law enforcement agency within twenty-four (24) hours if an impounded animal is missing or suspected to have been stolen from an animal control vehicle or while in COUNTY’s custody. COUNTY shall indicate on the police report the circumstances of the animal's disappearance.

5. Priority of Field Services:

5.1 Definitions:

5.1.1 “Services” are those enforcement activities rendered by COUNTY pursuant to the relevant sections of Title 6, related State law, and where applicable, County of Riverside Ordinances, and are assembled for expediency into two categories: Emergency and NonEmergency.

5.1.2 “Priority Ranking” refers to the order of priority with which a call will be handled. All calls shall go directly to the dispatcher or assigned clerical staff for relay to the Animal Control Officer. If a call is exceptional, as defined in Section 5.4 of this Exhibit “A,” it shall be referred to the supervisor for evaluation and processing.

5.1.3 “Regular Service Hours” are the hours of 7:30 am to 5:00 pm, Monday through Friday, Holidays excepted.

5.1.4 “Limited Service Hours” are the hours of 5:00 pm to 7:30 am, Monday through Friday, all day Saturday, Sunday and on holidays.

5.1.5 “Holidays” are as those days as established by the COUNTY and the CITY wherein the CITY or COUNTY is closed for service on a day that would otherwise be a regular service day.

5.2 Field service activities shall be performed daily and are generally based on both the Priority Ranking and on Limited Service Hours. All calls involving imminent danger will be responded to within sixty (60) minutes if reasonably possible, subject to considerations involving the time of day, traffic conditions, or other circumstances. An Animal Control Officer shall respond to animal medical emergencies and other emergencies involving danger to humans within thirty (30) minutes or less during Regular Service Hours, and within sixty (60) minutes or less during Limited Service Hours and on Holidays. CITY acknowledges that response time may be affected by traffic congestion or other hindering circumstances. COUNTY shall provide a means for responding to calls for service that take place during Limited Service Hours which are of an emergent nature pursuant to this Exhibit “A.” Field service personnel shall be 1284
assigned to patrol and perform other service field tasks as defined by COUNTY and CITY.

5.3 Telephone service: The COUNTY shall answer all telephone calls for field services during Regular Service Hours. Calls shall be received by the COUNTY answering service during Limited Service Hours and on Holidays, as noted above. Calls answered by the answering service will be handled on an emergency basis as outlined in this Exhibit “A.” The dispatcher and/or clerical support staff shall maintain a detailed record of all requests for service, both emergency and routine, received during Regular Service Hours and Limited Service Hours, including time and date, when the calls were answered, and the disposition of those calls. Records of these calls shall be maintained for at least thirty (30) days. The CITY and COUNTY agree that any incident reports to the COUNTY by residents or through emergency services involving a dangerous, aggressive, wild, injured or sick animal constitute an emergency and requires immediate action by the COUNTY pursuant to this Agreement. Calls for service received during Limited Service Hours that are not of an emergent nature shall be answered by an answering service and referred to call back on the next business day during phone center operational hours. These calls then be scheduled for response in accordance with this Exhibit “A.”

5.4 Calls considered as Emergencies to be handled Without Delay:

5.4.1 Animals endangering health or safety of the community.

5.4.2 Police Department requests forservice.

5.4.3 Sick or injured stray animals.

5.4.4 Animals in distress.

5.4.5 Humane investigations – life threatening. (Depending on immediate circumstance)

5.4.6 Venomous snakes

5.4.7 Dead animal removal, Summer months only between June 1 and August 31 during Regular Business Hours

5.5 Calls Considered as Non-Emergency to be handled during Regular Business Hours:

5.5.1 Pick-up confined, healthy, stray-animals.

5.5.2 Dead animal removal, between September 1 and May 31.

5.5.3 Quarantine investigations.

5.5.4 Leash law enforcement.

5.5.5 Nuisance animal investigations.

5.5.6 Permit investigations.

5.6 Exceptions:

The Director of Animal Control or the deputies of the Animal Control Director may, on a caseby-case basis, authorize variations of priority when circumstances require.

6. Quarterly Reports:

COUNTY shall furnish to the City Manager, or designee, quarterly and annual reports detailing field services provided that quarter. Upon reasonable notice to COUNTY, CITY may inspect any facility or records to verify the data contained in the reports. 1285

CITY OF PALM DESERT
EXHIBIT “B-1”

SCOPE OF ANIMAL SHELTERING SERVICES
The County of Riverside, on behalf of its Department of Animal Services (“COUNTY”), agrees to provide the following Animal Shelter Services for the City of Palm Desert (“CITY”). All capitalized terms set forth herein are defined in Section B below.

A. COUNTY ANIMAL SHELTER LOCATION

1. Shelter Location: The COUNTY shall maintain CITY’s animals at the Coachella Valley Animal Campus (“Shelter”), or other shelter operated by COUNTY at COUNTY’s discretion.

The COUNTY shall be responsible for the operation and maintenance of its shelters and the care of the animals on a twenty-four (24) hour basis.

2. Shelter Hours of Operation: COUNTY shall maintain hours of operation at the Shelter to provide maximum public access to the animals, to the extent possible.

B. DEFINITIONS

1. Animal Shelter Services” shall include the following activities and services:
a. Impoundment, admittance, receipt of, care of, custody of and/or feeding of any and all stray animals.
b. Redemption, treatment, sale, adoption, and/or disposal of all animals. c. Counseling and advising animal owners.
d. Posting on Shelter’s website of photographs of all newly impounded animals and identifying each animal individually.
e. Ensuring that all dogs, four (4) months and older, released from the COUNTY to a resident of County of Riverside are licensed, microchipped, and spayed/neutered and, if not licensed, to sell license to the owner or other person taking custody of such dog. In accordance with COUNTY ordinances, require the micro-chipping of released animals at the owner’s expense.
f. Humane euthanasia of animals as lawful and necessary, including the creation of a log detailing those animals that are euthanized and the reasons forsuch euthanasia on an animalby-animal basis. This log shall include whether the animal was unhealthy and/or unsuitable for adoption.
g. Proper disposal of dead animals at the rate as set forth in Exhibit “C,” Payment Provisions. h. “Care” includes, but is not limited to providing a safe, temporary refuge for any animal impounded, and providing needed medical services for injured/sick animals or transfer of animal to the appropriate agency.

2. “Adoptable Animal” shall mean an animal eight (8) weeks of age or older that at or subsequent to the time the animal is impounded or taken into possession, has manifested no sign of disease, injury, or congenital or hereditary condition that adversely affects the health or temperament of the animal, or that is likely to adversely affect the animal’s health in the future. Dogs declared “vicious” or “potentially dangerous” under State and/or local laws shall be deemed unadoptable.

3. “Treatable” shall mean an animal with a medical condition such as skin problems, bad flea or skin infestations, a broken limb, abscesses, or problems that may be treated with appropriate resources, holding space, treatment and/or time. “Treatable” shall also mean an animal with behavioral 1286
conditions that may be corrected with time and proper training, such as chasing animals/objects, food aggression, etc.

4. “Untreatable Animal” shall mean any animal that is irremediably suffering from a serious illness or physical injury or behavioral condition and shall not be held for owner redemption or adoption.

5. “Impounded Animal” shall include animals found running at large, removed from private property, or that are taken into the shelter by COUNTY or law enforcement.

6. “Seized Animal” shall include animals that are confiscated under Penal Code 597.1 from an owner when ordered by a court of competent jurisdiction, whether the seizure was determined justified or not, when exigent circumstances exist.

C. SCOPE OF ANIMAL SHELTER SERVICES

1. Treatment of Animals: COUNTY shall provide adequate care and treatment of CITY’s animals whiles in custody of COUNTY to ensure that impounded animals are provided with humane and appropriate levels of care, including a clean environment, fresh water, adequate nutrition and appropriate medical care.

2. Level of Service Provided: COUNTY shall provide Animal Shelter Services as defined in this Agreement. COUNTY’s policies and procedures for Animal Shelter Services shall be based on standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association and American Veterinary Medical Association.

3. Feeding Protocols: All animals shall be fed in amounts appropriate to meet their nutritional needs.

4. Disease Control and Sanitation: COUNTY shall maintain the Shelter in a clean and sanitary condition. COUNTY’s policies and procedures may include beneficial standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association and American Veterinary Medical Association.

5. Provision of Personnel and Supplies: COUNTY shall provide personnel, supplies, materials, medication, pharmaceuticals, and equipment, including forms and reports, to perform all aspects of the Animal Shelter Services described herein.

6. Holding Periods: COUNTY shall hold all stray-impounded animals, not otherwise owner identifiable, for the holding periods as required by State law.

7. Euthanasia: Humane euthanasia services shall be provided as required for impounded animals held at the Shelter for the lawful number of days, if such animal is not reclaimed by the animal’s owner and is deemed not adoptable by COUNTY. Untreatable Animals that are irremediably suffering from a serious illness or severe injury may not be held for owner redemption or adoption.

Only euthanasia methods approved by the American Veterinary Medical Association shall be used.

Records shall be kept for a period of not less than three (3) years on each euthanized animal shall include the following information: breed; sex; color; weight; other distinguishing characteristics; date, time and location where animal was found; method of euthanasia, and reason for use of method.

8. Quarantine: COUNTY shall quarantine, as prescribed by the California Compendium of Rabies Control and Prevention, State law, and COUNTY policy, all animals suspected of being rabid, or 1287
involved in a bite investigation.
a. Impoundments and Quarantines: COUNTY shall house, feed and care for all animals impounded and/or quarantined at the Shelter. Quarantined animals may be quarantined at the owner’s home or an alternate location.

9. Animals Surrendered by their Owners: Any pet surrendered by the owner to an Animal Control Officer and transported to the COUNTY shelter shall incur prevailing owner surrender charges.

Such fees shall be collected from the owner and conveyed to the COUNTY, or be charged directly to the CITY at the established stray animal rate.
a. Animals Surrendered by their Owners: Owner Surrenders will be impounded on a case by case basis. Diversion programs will be offered to assist with pet retention. CITY shall direct their constituents to consult with COUNTY to surrender their pet. COUNTY will offer CITY’s constituents assistance through diversion programs.

10. Any pet surrendered by the owner to an Animal Control Officer and transported to the COUNTY shelter shall incur prevailing owner surrender charges. Such fees shall be collected from the owner and conveyed to the COUNTY, or be charged directly to the CITY at the established stray animal rate. CITY Animal Control Officers shall refer constituents requesting to surrender their animal to COUNTY for a diversion consultation. CITY shall not accept owner surrenders in the field prior to the constituent consulting the COUNTY.

11. Wildlife: COUNTY and CITY Animal Control Officers will work with constituents to ensure public safety while maintaining wildlife in the wild. COUNTY and CITY Animal Control Officers will triage wildlife reports to determine the appropriate response. Wildlife will be impounded if there is a public safety hazard, if the animal’s welfare is at risk, if the animal is injured or orphaned, if the animal has been involved in a bite, or involved in an animal cruelty investigation.

12. Vicious and Potentially Dangerous Dogs: Any dog declared or determined to be vicious or potentially dangerous and in custody of COUNTY either under impoundment or quarantine shall be deemed unsuitable for adoption and shall not be released except as required by State law or at the Director of Animal Services’ discretion.

13. Incoming Animal Identification: Incoming animals shall be checked immediately for collar tags and scanned for microchip by qualified Shelter staff within one (1) hour of arrival to the Shelter.

Shelter staff shall make all attempts to notify owners within twenty-four (24) hours of an Impounded Animal delivered by CITY to COUNTY. Animal Control Officers shall attempt to return animals in the field prior to delivering the impounded animal to the shelter. Animal Control Officers shall scan animals in the field for microchips, call phone numbers on tags or research license numbers in an effort to reunite animals in the field.

14. Incoming Animal Examinations/Assessments: A cursory exam of an animal shall be performed within twelve (12) hours, except during Limited Service Hours when the examination will be performed within twenty-four (24) hours. Incoming animal assessment shall include the following:
a. A physical examination to determine if a medical condition exists which requires a veterinarian’s attention
b. Routine vaccinations and de-worming, as needed
c. External parasite treatment, as needed
d. Document the animal’s incoming weight
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e. Scan for microchip identification
f. Establish unique identifier for the animal
g. Document any identifying features or abnormalities. The COUNTY shall properly document on an animal-by-animal basis that an examination/assessment has been performed.

15. Enforcement: Enforce all relevant provisions of CITY’s municipal code and State law as may be applicable to animals housed, kept or maintained at the Shelter.

16. Adoption: Animals identified as being available for adoption shall be up for adoption in the shelter or off-site location, or by posting online.

17. Spay and Neuter: COUNTY shall ensure that all dogs and cats adopted from the Shelter are spayed or neutered, or that adequate provisions are made forsuch spaying or neutering if COUNTY transfers any animals, or if an adopted animal is unable to receive spaying or neutering due to a medical condition. In accordance with California Food and Agricultural (“F&A”) Code Sections 30503 and 31751.3, if veterinarian employed at the Shelter certifies that a dog or cat is too sick or injured to be spayed or neutered, the COUNTY shall collect a spay/neuter deposit from the adopter or purchaser and this depositshall be deposited into a segregated fundmaintained by theCOUNTY. The depositshall be fully refunded to the adopter or purchaser if proof ofsterility is provided within thirty (30) business days from the date of surgery, at which the deposit is forfeited in accordance with F&A Code Sections 30503 and 31751.3. Spay and neuter deposits shall only be used by the COUNTY for canine and feline spay and neuter programs.

18. Microchipping: In accordance with California Food and Agricultural (“F&A”) Code Sections 31108.3 and 31752.1, COUNTY shall ensure that all dogs and cats being reclaimed, adopted, or transferred to a new owner are microchipped with current information prior to leaving the shelter.

19. Community Adoption Partners: COUNTY shall comply with F&A Code Sections 31108 and 31752 that provide that any stray dog or cat that is impounded “shall, prior to the euthanasia of that animal be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization prior to the scheduled euthanasia of that animal. The public or private shelter may enter into cooperative agreements with any animal organization or adoption organization. The public or private shelter or organization must be approved by COUNTY prior to the transfer of any animals. In addition to any required spay or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted or released.”

20. Foster Care Placement: Certain animals may be placed in COUNTY’s foster care placement program so to improve animal care, give certain animals a better chance of adoption, and lift the spirits and morale of staff and volunteers.

21. Community Cat Program (CCP): COUNTY shall determine a cat’s eligibility for the CCP. If it is determined that a cat is eligible, the cat will be spayed/neutered, vaccinated, and ear tipped. Once cat has recovered, the cat will be returned to place of origin.

22. Drug Enforcement Agency (DEA): COUNTY shall comply with all Drug Enforcement Agency (DEA) regulations regarding storage, record-keeping, inventory, use, and disposal of all controlled substances.
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23. Staffing and Volunteers: COUNTY shall recruit and supervise all necessary personnel for the office, kennel, veterinary and other areas of the Shelter. Staffing shall include any and all full or part-time personnel and shall include the recruitment, supervision and assignment of volunteers in suitable Shelter-related activities. Personnel employed at the Shelter in the performance of Shelterrelated activities shall be designated as COUNTY employees and any and all volunteers engaged in Shelter activities shall participate in activities designated by COUNTY and shall be under the auspices of COUNTY. Use of volunteers at the Shelter shall be determined by COUNTY.

24. Missing Animals: COUNTY shall notify an appropriate law enforcement agency immediately of any animal missing from the Shelter that had previously been impounded and/or in protective custody.

25. CITY Access: COUNTY shall provide access of the entire Shelter to the authorized representatives of CITY during Regular Service Hours or at such other times upon written notice.

26. Livestock and Fowl Care: COUNTY shall provide food, care and shelter to livestock and fowl, either at the Shelter or at another location, when such animals cannot be cared for at the Shelter.

Costs of housing any livestock or fowl, regardless of Shelter location shall be charged to the owner of the animal, if known. If the animal’s owner wishes to redeem the animal, the owner shall first pay all applicable fees and charges at the Shelter; except as otherwise required by law, then and only, will the COUNTY authorize release of the animal. COUNTY shall notify CITY in writing when said expenses reach the amount of $5,000 or greater per incident. Such expenses shall not exceed the amount of $25,000 per incident unless authorized in writing by CITY.

27. Animal Disposal: COUNTY shall prohibit any animal whether dead or alive, which has been impounded, in custody, or in quarantine at the Shelter to be given away, disposed of, traded, sold or in any manner given over to another person, organization or entity for experimentation, regardless of purpose. COUNTY shall be responsible for the disposal of animal remains in its custody or control, subject to applicable State laws.

28. LICENSE FEES (Section 2 of Riverside County Ordinance 630): Licenses shall be issued upon payment of the license fees at the same rate as established in Section 2 of Riverside County Ordinance No. 630 and are subject to change as amended by COUNTY’s Board of Supervisors, from time to time.

29. RABIES VACCINATION CERTIFICATE DATA: Rabies vaccination certificates shall be collected from area veterinarians and downloaded into COUNTY’s database after the data has been scrubbed of inconsistencies. Reminders of licensing requirements shall be automatically generated and mailed to dog owners. Those owners who fail to comply may be subsequently issued administrative citations. Remittance options include the web licensing portal on COUNTY’s website, www.rcdas.org. COUNTY shall verify dog license status when responding to requests for service or when responding to complaints. COUNTY shall also provide an automated or manual verification system whereby owners can verify the status of their animal’s license by telephone.

30. COLLECTION OF LICENSE FEES: CITY authorizes COUNTY to issue and collect the fees for canine licenses and retain $11.92 per license on any and all canine license revenue generated by CITY residents during the term of the Agreement. All fees collected for canine licenses shall be accounted for by the COUNTY on a monthly basis and the COUNTY shall remit to CITY the net amount of license fees collected for each month. For purposes of this Agreement, the net amount of license fees shall mean the total amount of license fees collected in a month less the total of 1290
$11.92 per each canine license issued and shall be separate and apart from the monthly compensation rate due and payable by the CITY as required in Section III. Compensation. CITY shall be responsible for a one-time conversion fee for new data entered into COUNTY’s licensing database.

D. COMPENSATION

1. Compensation for Animal Shelter Services: Additional compensation for Animal Shelter Services may be required. Additional costs for large animal sheltering are incurred at $21 per animal, per day for horses and cattle, and $12.60 per animal, per day for swine, goats and sheep in accordance with COUNTY’s Animal Control Ordinances and shall be billed based on actual sheltering on a monthly basis.

2. Impound/Quarantine Fees: CITY shall be responsible for all costs associated with any and all animals seized within the CITY’s boundaries and brought to COUNTY which are held in Shelter, including facilities that have agreements with the COUNTY to provide additional shelter services under the supervision of the COUNTY. This includes, but is not limited to, animals held in association with any criminal prosecution of animal abuse and welfare cases, animals being held as evidence in a court filing, or rabies quarantine. The COUNTY agrees to assist the CITY in seeking reimbursement from the owner by providing invoices for all services provided. All services provided to each animal involved shall be charged as of the current date including but not limited to the following: IMP 1-collection; State Fine 1-collection, Board collection- all fees due; QT Board collection-if applicable; Rabies Vaccination collection- if applicable; DA2PPV collection; Bordetella collection; microchip collection; any and all medications provided to each animal; and personnel charges. All fees will be in accordance with the COUNTY’s current fee schedule.

3. Outreach Activities: CITY shall work with COUNTY to promote responsible pet ownership, lost and found animals, mutually agreeable animal welfare programs, Spay/Neuter Services, and through its own social media pages. If requested by CITY, the daily flat rates for vaccination clinics or spay/neuter clinics shall be billed based actual outreach days scheduled at the rates below:
a. Vaccination or Spay/Neuter Clinic: The cost includes staff, vaccinations and microchips, free to constituents with two hundred (200) animal cap per event for vaccination clinic OR thirty (30) animal cap per event for spay/neuter. The clinics are billed on actual use. //
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CITY OF PALM DESERT
EXHIBIT “C-1”

PAYMENT PROVISIONS
City of Palm Desert (“CITY”) shall compensate the County of Riverside (“COUNTY”) on a monthly basis arrears, with a monthly billing and accounting thereof by COUNTY to CITY those fees as established by the CITY’s Master Fee Schedule, as amended from time to time, and COUNTY’s Board of Supervisors’ fee schedule, as amended from time to time; relative to the services to be performed under this Agreement as follows:

Field and Shelter Services Estimate
Service Quantity Cost Annually Monthly
Full Time Animal
Control Officer 2,080 $137.88/hour $286,790.40 $23,899.20 Estimated Overtime* 111.40 $178.66/hour $19,902.72 $1,658.56 Animal Sheltering** 1,206 $35.81/day $43,186.86 $3,598.90 Wildlife Impounds** 14 $144.90/per $2,028.60 $169.05
Deceased Animal Pick-Up
and Disposal**
96 $73.50/per $7,056.00 $588.00
O&M ** 289 $11.40/impound $3,294.60 $274.55
License Processing*** 1,460 $11.92 per license $17,403.20 $1,450.27 Total Estimated Cost** $379,662.38/FY $31,638.53/month
* Overtime/stand-by field services $178.66 per hour (minimum of two (2) hours per call, with a two (2) hour charge per each call).
**Cost will fluctuate based on actual overtime, wildlife calls and deceased animal pickups. Optional Services are not included in the total.
**Rates are subject to change as adopted by the Board of Supervisors, as specified in Section III of this Agreement.
***License processing cost may vary based on number of licenses sold. COUNTY shall retain $11.92 for each license sold, and remaining balance of license will be credited back to the CITY on a monthly basis.

Sheltering:

Animal Sheltering costs at the Coachella Valley Animal Campus is $35.81 per kenneling day, and it would be billed based on actual impounds. COUNTY shall provide CITY with a monthly invoice that includes actual impound statistics. The invoice will detail the number of animals impounded and the total number of kenneling days, plus all other applicable fees.

Operational and Maintenance (O&M):

O&M is charged at $11.40 per stray dog or cat impound.
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Livestock and Other Impound Fees:

Large Animal Sheltering @ $21/animal (horses, ponies, cattle) per day of sheltering (additional cost billed on actual use).

Large Animal Sheltering @ $12.60/animal (swine, goats, sheep) per day of sheltering (additional cost billed on actual use).

Wildlife impound fee: $144.90 per impound
Deceased animal pickup fee: $73.50 per animal
Optional Services
Daily flat rates for shot clinics or spay and neuter bus services will be billed based on actual outreach days scheduled. Compensation accounts for full staff time to provide service for one day. The maximum time possible will be afforded for actual outreach activity; however actual outreach activity time will be reduced by travel and preparation time the day of the event.

Shot Clinic or Spay and Neuter Bus Services:
$3,000 per event flat rate billed actual use**
(The cost to provide three (3) clinic services staff and one veterinarian for 9 hours, to be billed based on actual usage as requested by CITY.
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: July 11, 2024
PREPARED BY: Anthony J. Mejia, City Clerk
REQUEST: RESOLUTION OPPOSING THE DESERT HEALTHCARE DISTRICT’S PROPOSED NEW HOSPITAL LEASE AGREEMENT “NON-COMPETE”

PROVISION, WHICH RESTRICTS TAXPAYER FUNDS AND ELECTED
BOARD’S OVER THE NEXT 30 YEARS
RECOMMENDATION:

1. Consider adoption of a resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM DESERT, CALIFORNIA, OPPOSING THE DESERT HEALTHCARE DISTRICT’S PROPOSED HOSPITAL LEASE AGREEMENT “NON-COMPETE”

PROVISION AND DIRECTING THE MAYOR TO SEND A LETTER TO THE DESERT HEALTHCARE DISTRICT BOARD EXPRESSING THIS OPPOSITION.” OR

2. Provide alternative direction to staff.

BACKGROUND/ANALYSIS:

On May 28, 2024, the Desert Healthcare District (the “District”) Board received a presentation from Tenet Healthcare (“Tenet”) regarding a new Hospital Lease Agreement for Desert Regional Medical Center (the “Lease”). The presentation referenced a new 30-year Lease, which would allow Tenet, a Dallas-based entity, to take ownership of the hospital at the end of the 30-year Lease. The new Lease would include a “non-compete” provision similar to the current lease. If approved by the District Board, this item would be put on the November 5, 2024, ballot for District voters to decide.

The current lease includes a "non-compete" clause, generally outlined in Article XIII (Additional Covenant of Lessor) of the May 30, 1997, Hospital Lease Agreement between the District (Lessor) and Tenet HealthSystem Desert, Inc. (Lessee). This clause restricts the use of taxpayer funds within the District boundaries, requiring Tenet's prior written consent, which Tenet may withhold at its sole and absolute discretion. Due to the District's boundary expansion during the term of the current lease, some potential ambiguity arose regarding the District's ability to engage in potentially competing activities within the expanded territory. The new Lease would restrict such activities within the entirety of the current expanded boundaries of the District. 1295
City of Palm Desert
Tenet Lease with Desert Healthcare District

It is recommended that the City Council consider directing the Mayor to send a letter to the District Board, detailing the City’s objections and concerns regarding any “non-compete” provision within the new Lease. Staff drafted a resolution with potential grounds for objecting to the “non-compete” provision as follows:

1. The Lease would restrict the activities of the District within District boundaries.

2. The Lease would restrict the use of taxpayer funds within the District boundaries and require Tenet's prior written consent, which Tenet may withhold at its sole and absolute discretion.

3. The “non-compete”provision harms communities that lack adequate medical services the most.

4. Allowing for-profit Tenet to restrict Desert Healthcare District activities and taxpayer funds for the next 30 years is unacceptable.

5. Future elected District Board Members should determine what is best for taxpayer funds.

6. The Desert Healthcare District should be accountable to residents, not the for-profit shareholders of Tenet.

7. The City questions what the District will do with its funds if it is restricted from using them in such a significant manner.

8. The non-compete provision stifles competition and innovation in healthcare services within the District.

9. The non-compete provision could have negative economic impacts on the community by limiting potential new healthcare facilities and related businesses.

10.Restricting the District’s ability to develop and support additional healthcare facilities and services could adversely affect public health and safety, especially during health crises or emergencies.

11.The non-compete provision raises legal and ethical concerns regarding the fair use of taxpayer funds and the District’s mandate to serve the public interest.

Legal Review:

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

FINANCIAL IMPACT:

There is no direct impact to the General Fund associated with this item.

ATTACHMENTS:

1. Existing Hospital Lease Agreement Non-Competing Provision

2. Desert Healthcare District Boundaries Map

3. Draft Resolution
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RESOLUTION NO. 2024-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, OPPOSING THE DESERT HEALTHCARE
DISTRICT’S PROPOSED HOSPITAL LEASE AGREEMENT
“NON-COMPETE” PROVISION AND DIRECTING THE MAYOR TO SEND

A LETTER TO THE DESERT HEALTHCARE DISTRICT BOARD

EXPRESSING THIS OPPOSITION
WHEREAS, on May 28, 2024, the Desert Healthcare District (the “District”) Board received a presentation from Tenet Healthcare (“Tenet”) regarding a new Hospital Lease Agreement for Desert Regional Medical Center (the “Lease”). The presentation referenced a new 30-year lease, which would allow Tenet, a Dallas-based entity, to take ownership of the hospital at the end of the 30-year lease. The new Lease would include a “non-compete” provision similar to the current lease. If approved by the District Board, this item would be put on the November 5, 2024, ballot for District voters to weigh in on; and
WHEREAS, the current lease includes a "non-compete" clause, generally outlined in Article XIII (Additional Covenant of Lessor) of the May 30, 1997, Hospital Lease Agreement between the District (Lessor) and Tenet HealthSystem Desert, Inc. (Lessee).

This clause restricts the use of taxpayer funds within the District boundaries, requiring Tenet's prior written consent, which Tenet may withhold at its sole and absolute discretion; and
WHEREAS, due to the District's boundary expansion during the term of the current lease, some potential ambiguity arose regarding the District's ability to engage in potentially competing activities within the expanded territory. The new Lease would restrict such activities within the entirety of the current expanded boundaries of the District.

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

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

SECTION 2. That the City Council hereby directs the Mayor, on behalf of the City, to send a letter to the District Board, detailing the City’s objections and concerns to any “non-compete” provision within the new Lease.

SECTION 3. That the City objects to any “non-compete” provision in the new Lease on the following grounds:

1. The Lease would restrict the activities of the District within District boundaries.

2. The Lease would restrict the use of taxpayer funds within the District boundaries and require Tenet's prior written consent, which Tenet may withhold at its sole and 1303
Resolution No. 2024-____ Page 2
absolute discretion.

3. The “non-compete” provision harms communities that lack adequate medical services the most.

4. Allowing for-profit Tenet to restrict Desert Healthcare District activities and taxpayer funds for the next 30 years is unacceptable.

5. Future elected District Board Members should determine what is best for taxpayer funds.

6. The Desert Healthcare District should be accountable to residents, not the for-profit shareholders of Tenet.

7. The City questions what the District will do with its funds if it is restricted from using them in such a significant manner.

8. The non-compete provision stifles competition and innovation in healthcare services within the District.

9. The non-compete provision could have negative economic impacts on the community by limiting potential new healthcare facilities and related businesses.

10.Restricting the District’s ability to develop and support additional healthcare facilities and services could adversely affect public health and safety, especially during health crises or emergencies.

11.The non-compete provision raises legal and ethical concerns regarding the fair use of taxpayer funds and the District’s mandate to serve the public interest.

ADOPTED ON ________________, 2024.

KARINA QUINTANILLA
MAYOR
ATTEST:

ANTHONY J. MEJIA

CITY CLERK
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Resolution No. 2024-____ Page 3
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on _______________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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

ANTHONY J. MEJIA

CITY CLERK
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: July 11, 2024
PREPARED BY: Rosie Lua, Deputy Director of Development Services REQUEST: CONSIDERATION FOR APPROVAL OF A PORTION OF PUBLIC RIGHTOF-WAY (EXPLORER DRIVE) IS “EXEMPT SURPLUS LAND” PURSUANT TO GOVERNMENT CODE SECTION 54221.

RECOMMENDATION:

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

DESERT, CALIFORNIA, DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY OWNED BY THE CITY LOCATED AT THE TERMINUS OF

EXPLORER DRIVE IS EXEMPT SURPLUS LAND, AND FINDING THAT SUCH

DECLARATION IS NOT A PROJECT SUBJECT TO ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.”
BACKGROUND/ANALYSIS:

The California Surplus Land Act (Government Code 54220 et seq.) (“SLA”) governs the sale of surplus land. Land may be declared either “surplus land” or “exempt surplus land.” The SLA requires local agencies to comply with the SLA before taking action to dispose of surplus land.

Government Code Section 54221(f)(1)(B) declares that a property may be exempt surplus land if it is less than one-half acre (21,780 square feet) in area and it is not contiguous to state or local agency property used for open-space or low- or moderate-income housing.

On November 17, 2022, the City Council approved the Refuge Specific Plan (SP22-0001), a request by Refuge Palm Desert, LLC (Applicant), 17755 Sky Park Cir, Ste 101, Irvine, CA 92614 to establish five (5) planning areas, up to 969 residential dwelling units and related improvements on a 106.4-acre site located at the southwest corner of Gerald Ford Drive and the future Explorer Drive. Concurrently, the City Council approved Tentative Tract Map 38434 (TTM 38434) by Resolution No. 2022-93, to subdivide a 93.56-acre portion of the proposed site into 1 condominium lot (14.29 acres) and 339 single family residential lots and its associated club house, open space, retention basins, and infrastructure (approximately 78 acres). Subsequent approvals included Planning Commission Resolution No. 2841 on September 5, 2023, and Resolution No. 2859 on March 5, 2024.

TTM 38434 identified Lot A as a private open space lot totaling 1.16 acres. However, a portion of Lot A of TTM 38434, approximately 0.13 acres or 5,821 square feet is public right of way (Explorer Drive) owned by the City of Palm Desert (City); now considered as excess right of way.

The Refuge Specific Plan included a vehicular circulation plan that designed a curvature of the proposed future extension of Explorer Drive, that created an excess portion of right of way. At a future date the City intends to convey the 0.13-acre excess right of way to the Applicant. 1307
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Approval of a portion of public right-of-way (Explorer Drive) exempt surplus land